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Section 404 - Cannabis, cannabis product, or medical cannabis device transportation.

UT Code § 4-41a-404 (2019) (N/A)
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(1) (a) Only the following individuals may transport cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device under this chapter: (i) a registered cannabis production establishment agent; or (ii) a medical cannabis cardholder who is transporting a medical cannabis treatment that the cardholder is authorized to possess under this chapter. (b) Only an agent of a cannabis cultivation facility, when the agent is transporting cannabis plants to a cannabis processing facility or an independent cannabis testing laboratory, may transport unprocessed cannabis outside of a medicinal dosage form.

(a) Only the following individuals may transport cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device under this chapter: (i) a registered cannabis production establishment agent; or (ii) a medical cannabis cardholder who is transporting a medical cannabis treatment that the cardholder is authorized to possess under this chapter.

(i) a registered cannabis production establishment agent; or

(ii) a medical cannabis cardholder who is transporting a medical cannabis treatment that the cardholder is authorized to possess under this chapter.

(b) Only an agent of a cannabis cultivation facility, when the agent is transporting cannabis plants to a cannabis processing facility or an independent cannabis testing laboratory, may transport unprocessed cannabis outside of a medicinal dosage form.

(2) Except for an individual with a valid medical cannabis card under Title 26, Chapter 61a, Utah Medical Cannabis Act, who is transporting a medical cannabis treatment shall possess a transportation manifest that: (a) includes a unique identifier that links the cannabis, cannabis product, or medical cannabis device to a relevant inventory control system; (b) includes origin and destination information for any cannabis, cannabis product, or medical cannabis device that the individual is transporting; and (c) identifies the departure and arrival times and locations of the individual transporting the cannabis, cannabis product, or medical cannabis device.

(a) includes a unique identifier that links the cannabis, cannabis product, or medical cannabis device to a relevant inventory control system;

(b) includes origin and destination information for any cannabis, cannabis product, or medical cannabis device that the individual is transporting; and

(c) identifies the departure and arrival times and locations of the individual transporting the cannabis, cannabis product, or medical cannabis device.

(3) (a) In addition to the requirements in Subsections (1) and (2), the department may establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, requirements for transporting cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device to ensure that the cannabis, cannabis product, or medical cannabis device remains safe for human consumption. (b) The transportation described in Subsection (3)(a) is limited to transportation: (i) between a cannabis cultivation facility and: (A) another cannabis cultivation facility; or (B) a cannabis processing facility; and (ii) between a cannabis processing facility and: (A) another cannabis processing facility; (B) an independent cannabis testing laboratory; or (C) a medical cannabis pharmacy.

(a) In addition to the requirements in Subsections (1) and (2), the department may establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, requirements for transporting cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device to ensure that the cannabis, cannabis product, or medical cannabis device remains safe for human consumption.

(b) The transportation described in Subsection (3)(a) is limited to transportation: (i) between a cannabis cultivation facility and: (A) another cannabis cultivation facility; or (B) a cannabis processing facility; and (ii) between a cannabis processing facility and: (A) another cannabis processing facility; (B) an independent cannabis testing laboratory; or (C) a medical cannabis pharmacy.

(i) between a cannabis cultivation facility and: (A) another cannabis cultivation facility; or (B) a cannabis processing facility; and

(A) another cannabis cultivation facility; or

(B) a cannabis processing facility; and

(ii) between a cannabis processing facility and: (A) another cannabis processing facility; (B) an independent cannabis testing laboratory; or (C) a medical cannabis pharmacy.

(A) another cannabis processing facility;

(B) an independent cannabis testing laboratory; or

(C) a medical cannabis pharmacy.

(4) (a) It is unlawful for a registered cannabis production establishment agent to make a transport described in this section with a manifest that does not meet the requirements of this section. (b) Except as provided in Subsection (4)(d), an agent who violates Subsection (4)(a) is: (i) guilty of an infraction; and (ii) subject to a $100 fine. (c) An individual who is guilty of a violation described in Subsection (4)(b) is not guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct underlying the violation described in Subsection (4)(b). (d) If the agent described in Subsection (4)(a) is transporting more cannabis, cannabis product, or medical cannabis devices than the manifest identifies, except for a de minimis administrative error: (i) the penalty described in Subsection (4)(b) does not apply; and (ii) the agent is subject to penalties under Title 58, Chapter 37, Utah Controlled Substances Act.

(a) It is unlawful for a registered cannabis production establishment agent to make a transport described in this section with a manifest that does not meet the requirements of this section.

(b) Except as provided in Subsection (4)(d), an agent who violates Subsection (4)(a) is: (i) guilty of an infraction; and (ii) subject to a $100 fine.

(i) guilty of an infraction; and

(ii) subject to a $100 fine.

(c) An individual who is guilty of a violation described in Subsection (4)(b) is not guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct underlying the violation described in Subsection (4)(b).

(d) If the agent described in Subsection (4)(a) is transporting more cannabis, cannabis product, or medical cannabis devices than the manifest identifies, except for a de minimis administrative error: (i) the penalty described in Subsection (4)(b) does not apply; and (ii) the agent is subject to penalties under Title 58, Chapter 37, Utah Controlled Substances Act.

(i) the penalty described in Subsection (4)(b) does not apply; and

(ii) the agent is subject to penalties under Title 58, Chapter 37, Utah Controlled Substances Act.

(5) Nothing in this section prevents the department from taking administrative enforcement action against a cannabis production establishment or another person for failing to make a transport in compliance with the requirements of this section.

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