2 3 LONG TITLE 4 General Description: 5 This bill provides for the cultivation, processing, medical recommendation, and patient 6 use of medical marijuana. 7 Highlighted Provisions: 8 This bill: 9 < defines terms; 10 < provides for licensing and regulation of a cannabis cultivation facility; a 11 cannabis processing facility; an independent cannabis testing laboratory, and a 12 medical cannabis pharmacy; 13 < provides for security and tracking of cannabis and related products from 14 cultivation to consumption to ensure safety and chemical content; 15 < requires certain labeling and childproof packaging; 16 < requires the Department of Agriculture and Food, the Department of Health, the 17 Department of Public Safety, and the Department of Technology Services to 18 create an electronic verification system to facilitate recommendation, 19 dispensing, and record-keeping for medical cannabis transactions; 20 < allows individuals with certain qualifying illnesses to obtain a medical cannabis 21 card on the recommendation of certain medical professionals to gain access to 22 medical cannabis; 23 < allows a patient to designate a caregiver to assist with accessing medical 24 cannabis; 25 < allows a parent or legal guardian to serve as a designated caregiver for a 26 minor; 27 < limits the form and amount of medical cannabis available to a patient at one 28 time; 29 < prohibits a minor from entering a medical cannabis pharmacy; 30 < imposes heightened criminal penalties for improperly selling medical cannabis, 31 including to a minor;
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 32 < creates an affirmative defense to prosecution for certain individuals before a 33 medical cannabis pharmacy is operational; 34 < creates certain protections from state prosecution for the possession, use, and 35 sale of medical cannabis; 36 < prohibits a court from considering the lawful use of medical cannabis in custody 37 proceedings; 38 < provides housing and employment discrimination protections for individuals who 39 lawfully use medical cannabis; and 40 < makes technical and conforming changes. 41 Money Appropriated in this Bill: 42 None 43 Other Special Clauses: 44 None 45 List of sections affected: 46 AMENDS: 47 10-9a-104 48 17-27a-104 49 26-61-202 50 30-3-10 51 34A-5-106 52 34A-5-107 53 41-6a-517 54 41-6a-517 55 57-21-3 56 57-21-5 57 57-21-6 58 57-21-7 59 59-12-104.9 60 62A-4a-202.1 61 63I-1-226 62 63I-1-258 63 78A-6-508
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 128 Part 1. General Provisions 129 4-41B-101. Title. 130 This chapter is known as "Cannabis Production Establishments." 131 132 4-41B-102. Definitions. 133 As used in this chapter: 134 (1) "Cannabis" means the same as that term is defined in Section 58-37-3.7. 135 (2) "Cannabis cultivation facility" means a person that: 136 (a) possesses cannabis; 137 (b) grows or intends to grow cannabis; and 138 (c) sells or intends to sell cannabis to cannabis production establishments or to 139 cannabis dispensaries. 140 (3) "Cannabis cultivation facility agent" means an individual who is an owner, officer, 141 director, board member, employee, or volunteer of a cannabis cultivation facility. 142 (4) "Cannabis processing facility" means a person that: 143 (a) acquires or intends to acquire cannabis from a cannabis production 144 establishment; 145 (b) possesses cannabis with the intent to manufacture a cannabis product; 146 (c) manufactures or intends to manufacture a cannabis product from unprocessed 147 cannabis; and 148 (d) sells or intends to sell a cannabis product to a medical cannabis pharmacy. 149 (5) "Cannabis processing facility agent" means an individual who is an owner, officer, 150 director, board member, employee, or volunteer of a cannabis processing facility. 151 (6) "Cannabis product" means the same as that term is defined in Section 58-37-3.7. 152 (7) "Cannabis production establishment" means a cannabis cultivation facility, a cannabis 153 processing facility, or an independent cannabis testing laboratory. 154 (8) "Cannabis production establishment agent" means a cannabis cultivation facility 155 agent, a cannabis processing facility agent, or an independent cannabis testing 156 laboratory agent. 157 (9) "Cannabis production establishment agent registration card" means a registration card 158 that the department issues that: 159 (a) authorizes an individual to act as a cannabis production establishment agent;
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 160 and 161 (b) designates the type of cannabis production establishment for which an 162 individual is authorized to act as an agent. 163 (10) "Community location" means a public or private school, a church, a public library, a 164 public playground, or a public park. 165 (11) "Independent cannabis testing laboratory" means a person that: 166 (a) conducts a chemical or other analysis of cannabis or a cannabis product; or 167 (b) acquires, possesses, and transports cannabis or a cannabis product with the 168 intent to conduct a chemical or other analysis of the cannabis or cannabis 169 product. 170 (12) "Independent cannabis testing laboratory agent" means an individual who is an owner, 171 officer, director, board member, employee, or volunteer of an independent cannabis 172 testing laboratory. 173 (13) "Inventory control system" means the system described in Section 4-41b-103. 174 (14) "Medical cannabis card" means the same as that term is defined in Section 175 26-60b-102. 176 (15) "Medical cannabis pharmacy" means the same as that term is defined in Section 177 26-60b-102. 178 (16) "Medical cannabis pharmacy agent" means the same as that term is defined in 179 Section 26-60b-102. 180 (17) "Medical Cannabis Restricted Account" means the account created in Section 181 26-60b-109. 182 (18) "Qualified medical provider" means the same as that term is defined in Section 183 26-60b-102. 184 (19) "State electronic verification system" means the system described in Section 185 26-60b-103. 186 (20) "Tetrahydrocannabinol" means a substance derived from cannabis or a synthetic 187 equivalent as described in Subsection 58-37-4(2)(a)(iii)(AA). 188 189 4-41B-103. Inventory Control System. 190 (1) A cannabis production establishment and a medical cannabis pharmacy shall maintain 191 an inventory control system that meets the requirements of this section.
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 192 (2) A cannabis production establishment and a medical cannabis pharmacy shall ensure 193 that the inventory control system that the establishment or pharmacy respectively 194 maintain: 195 (a) tracks cannabis using a unique identifier, in real time, from the point that a 196 cannabis plant is eight inches tall and has a root ball until the cannabis is 197 disposed of or sold, in the form of unprocessed cannabis or a cannabis 198 product, to an individual with a medical cannabis card; 199 (b) stores in real time a record of the amount of cannabis and cannabis products in 200 the cannabis production establishment's or medical cannabis pharmacy's 201 possession; 202 (c) includes a video recording system that: 203 (i) tracks all handling and processing of cannabis or a cannabis product in 204 the cannabis production establishment or medical cannabis pharmacy; 205 (ii) is tamper proof; and 206 (iii) is capable of storing a video record for 45 days; and 207 (d) maintains compatibility with the state electronic verification system described in 208 Section 26-60b-103. 209 (3) A cannabis production establishment or medical cannabis pharmacy shall allow the 210 department or the Department of Health access to the cannabis production 211 establishment's or medical cannabis pharmacy's inventory control system during an 212 inspection. 213 (4) The department may establish compatibility standards for an inventory control system 214 by rule made in accordance with Title 63G, Chapter 3, Utah Administrative 215 Rulemaking Act. 216 217 4-41B-104. Preemption. 218 This chapter preempts any ordinance or rule that a political subdivision enacts regarding a 219 cannabis production establishment. 220 221 Part 2. Cannabis Production Establishment 222 4-41B-201. Cannabis production establishment -- License. 223 (1) A person may not operate a cannabis production establishment without a license that
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 224 the department issues under this chapter. 225 (2) Subject to Subsections (6) and (7) and to Section 4-41b-204, the department shall, 226 within 90 days after receiving a complete application, issue a license to operate a 227 cannabis production establishment to a person who submits to the department: 228 (a) a proposed name and address where the person will operate the cannabis 229 production establishment that is not within the following distances, as measured 230 from the nearest entrance to the cannabis production establishment by 231 following the shortest route of ordinary pedestrian travel to the property 232 boundary: 233 (i) 600 feet of a community location; or 234 (ii) 300 feet of an area in which local zoning does not allow for the operation 235 of either: 236 (A) a business that sells alcohol; or 237 (B) a retail tobacco specialty business, as that term is defined in 238 Section 10-8-41.6 or 17-50-333; 239 (b) the name and address of any individual who has a financial or voting interest of 240 two percent or greater in the proposed cannabis production establishment or 241 who has the power to direct or cause the management or control of a proposed 242 medical cannabis production establishment; 243 (c) an operating plan that: 244 (i) complies with Section 4-41b-203; and 245 (ii) includes operating procedures to comply with the requirements of this 246 chapter and with any laws adopted by the municipality or county that are 247 consistent with Section 4-41b-405; 248 (d) financial statements demonstrating that the person possesses a minimum of: 249 (i) $250,000 in liquid assets available for each cannabis cultivation facility 250 for which the person applies; or 251 (ii) $50,000 in liquid assets available for each cannabis processing facility or 252 independent cannabis testing laboratory for which the person applies; 253 (e) if the municipality or county where the proposed cannabis production 254 establishment would be located has enacted zoning restrictions, a sworn 255 statement certifying that the proposed cannabis production establishment is in
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 256 compliance with the restrictions; 257 (f) if the municipality or county where the proposed cannabis production 258 establishment would be located requires a local permit or license, a copy of the 259 application for the local permit or license; and 260 (g) an application fee established by the department in accordance with Section 261 63J-1-504, that is necessary to cover the department's cost to implement this 262 chapter. 263 (3) If the department determines that an applicant is eligible for a license under this 264 section, the applicant shall pay to the department an initial license fee in an amount 265 that the department determines in accordance with Section 63J-1-504. 266 (4) Except as provided in Subsection (5), the department shall require a separate license 267 for each type of cannabis production establishment and each location of a cannabis 268 production establishment. 269 (5) The department may issue a cannabis cultivation facility license and a cannabis 270 processing facility license to a person to operate at the same physical location or at 271 separate physical locations. 272 (6) The department may not issue a license to operate an independent cannabis testing 273 laboratory to a person: 274 (a) that holds a license or has an ownership interest in a medical cannabis 275 pharmacy, a cannabis processing facility, or a cannabis cultivation facility in the 276 state; 277 (b) that has an owner, officer, director, or employee whose immediate family 278 member holds a license or has an ownership interest in a medical cannabis 279 pharmacy, a cannabis processing facility, or a cannabis cultivation facility; or 280 (c) who proposes to operate the independent cannabis testing laboratory at the 281 same physical location as a medical cannabis pharmacy, a cannabis 282 processing facility, or a cannabis cultivation facility. 283 (7) The department may not issue a license to operate a cannabis production 284 establishment to an applicant if any individual who has a financial or voting interest of 285 two percent or greater in the applicant or who has the power to direct or cause the 286 management or control of the applicant: 287 (a) has been convicted of an offense that is a felony under either state or federal
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 288 law; or 289 (b) is less than 21 years of age. 290 (8) The department may revoke a license under this part if the cannabis production 291 establishment is not operating within one year of the issuance of the initial license. 292 (9) The department shall deposit the proceeds of a fee imposed by this section in the 293 Medical Cannabis Restricted Account. 294 (10) The department shall begin accepting applications under this part no later than 295 January 1, 2020. 296 297 4-41B-202. Renewal. 298 The department shall renew a person's license issued under Section 4-41b-201 every two 299 years, if, at the time of renewal: 300 (1) the person meets the requirements of Section 4-41b-201; and 301 (2) the person pays the department a license renewal fee in an amount determined by the 302 department in accordance with Section 63J-1-504. 303 304 4-41B-203. Operating plan. 305 (1) A person applying for a cannabis production facility license shall submit to the 306 department a proposed operation plan that complies with this section and that 307 includes: 308 (a) a description of the physical characteristics of the proposed facility, including a 309 floor plan and an architectural elevation; 310 (b) a description of the credentials and experience of: 311 (i) each officer, director, or owner of the proposed cannabis production 312 establishment; and 313 (ii) any highly skilled or experienced prospective employee; 314 (c) the cannabis production establishment's employee training standards; 315 (d) a security plan; 316 (e) a description of the cannabis production establishment's inventory control 317 system, including a plan to make the inventory control system compatible with 318 the state electronic verification system described in Section 26-60b-103; 319 (f) for a cannabis cultivation facility, the information described in Subsection (2);
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 320 (g) for a cannabis processing facility, the information described in Subsection (3); 321 and 322 (h) for an independent cannabis testing laboratory, the information described in 323 Subsection (4). 324 (2) A cannabis cultivation facility shall ensure that the facility's operating plan includes the 325 facility's intended cannabis cultivation practices, including the facility's intended 326 pesticide use, fertilizer use, square footage under cultivation, and anticipated cannabis 327 yield. 328 (3) A cannabis processing facility's operating plan shall include the facility's intended 329 cannabis processing practices, including the cannabis processing facility's intended 330 offered variety of cannabis product, cannabinoid extraction method, cannabinoid 331 extraction equipment, processing equipment, processing techniques, and sanitation 332 and food safety procedures. 333 (4) An independent cannabis testing laboratory's operating plan shall include the 334 laboratory's intended cannabis and cannabis product testing capability and cannabis 335 and cannabis product testing equipment. 336 337 4-41B-204. Number of licenses -- Cannabis cultivation facilities. 338 (1) Except as otherwise provided in Subsection (2), the department may not issue more 339 than 15 licenses to operate cannabis cultivation facilities. 340 (2) After January 1, 2022, the department may only issue an additional license to operate 341 a cannabis cultivation facility if the department determines, after an analysis of the 342 current and anticipated market for medical cannabis and medical cannabis products, 343 that additional licenses are necessary to provide an adequate supply, quality, or 344 variety of medical cannabis and medical cannabis products to medical cannabis card 345 holders. 346 (3) If there are more qualified applicants than the number of available licenses for 347 cannabis cultivation facilities under Subsections (1) and (2), the department shall 348 evaluate the applicants and award the limited number of licenses described in 349 Subsections (1) and (2) to the applicants that best demonstrate: 350 (a) experience with establishing and successfully operating a business that 351 involves complying with a regulatory environment, tracking inventory, and
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 352 training, evaluating, and monitoring employees; 353 (b) an operating plan that will best ensure the safety and security of patrons and 354 the community; 355 (c) positive connections to the local community; and 356 (d) the extent to which the applicant can reduce the cost of cannabis or cannabis 357 products for patients. 358 (4) The department may conduct a face-to-face interview with an applicant for a license 359 that the department evaluates under Subsection (3). 360 361 Part 3. Cannabis Production Establishment Agents 362 4-41B-301. Cannabis production establishment agent -- Registration. 363 (1) An individual may not act as a cannabis production establishment agent unless the 364 individual is registered by the department as a cannabis production establishment 365 agent. 366 (2) A physician, regardless of the physician's status as a qualified medical provider, may 367 not serve as a cannabis production establishment agent. 368 (3) An independent cannabis testing laboratory agent may not act as an agent for a 369 medical cannabis pharmacy, a cannabis processing facility, or a cannabis cultivation 370 facility. 371 (4) The department shall, within 15 business days after receiving a complete application 372 from a cannabis production establishment on behalf of a prospective cannabis 373 production establishment agent, register and issue a cannabis production 374 establishment agent registration card to an individual who: 375 (a) provides to the department the individual's name and address and the name 376 and location of a licensed cannabis production establishment where the 377 individual will act as the cannabis production establishment's agent; and 378 (b) pays a fee to the department, in an amount that the department determines in 379 accordance with Section 63J-1-504, that is necessary to cover the department's 380 cost to implement this part. 381 (5) The department shall designate, on an individual's cannabis production establishment 382 agent registration card: 383 (a) the name of the cannabis production establishment where the individual is
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 384 registered as an agent; and 385 (b) the type of cannabis production establishment for which the individual is 386 authorized to act as an agent. 387 (6) A cannabis production establishment agent shall comply with: 388 (a) a certification standard that the department develops; or 389 (b) a third party certification standard that the department designates by rule, in 390 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. 391 (7) The department shall ensure that the certification standard described in Subsection 392 (6) includes training: 393 (a) in Utah medical cannabis law; 394 (b) for a cannabis cultivation facility agent, in cannabis cultivation best practices; 395 (c) for a cannabis processing facility agent, in cannabis processing, food safety, 396 and sanitation best practices; and 397 (d) for an independent cannabis testing laboratory agent, in cannabis testing best 398 practices. 399 (8) The department may revoke or refuse to issue the cannabis production establishment 400 agent registration card of an individual who: 401 (a) violates the requirements of this chapter; or 402 (b) is convicted of an offense that is a felony under state or federal law. 403 404 405 4-41B-302. Cannabis production establishment -- Criminal background checks. 406 (1) Each applicant shall submit, at the time of application, from each individual who has a 407 financial or voting interest of two percent or greater in the applicant or who has the 408 power to direct or cause the management or control of the applicant: 409 (a) a fingerprint card in a form acceptable to the department; and 410 (b) consent to a fingerprint background check by the Utah Bureau of Criminal 411 Identification and the Federal Bureau of Investigation. 412 (2) The department shall request that the Department of Public Safety complete a Federal 413 Bureau of Investigation criminal background check for the individual described in 414 Subsection (1). 415
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 416 4-41B-303. Cannabis production establishment agent registration card -- 417 Rebuttable presumption. 418 (1) A cannabis production establishment agent who is registered with the department 419 under Section 4-41b-301 shall carry the individual's cannabis production 420 establishment agent registration card with the individual at all times when: 421 (a) the individual is on the premises of a cannabis production establishment where 422 the individual is a cannabis production establishment agent; and 423 (b) the individual is transporting cannabis, a cannabis product, or a medical 424 cannabis device between two cannabis production establishments or between 425 a cannabis production establishment and a medical cannabis pharmacy. 426 (2) If an individual possesses cannabis, a cannabis product, or a medical cannabis device 427 in compliance with Subsection (1) through handling at a cannabis production facility or 428 through transportation: 429 (a) there is a rebuttable presumption that the individual possesses the cannabis, 430 cannabis product, or medical cannabis device legally; and 431 (b) a law enforcement officer does not have probable cause, based solely on the 432 individual's possession of the cannabis, cannabis product, or medical cannabis 433 device in compliance with Subsection (1), to believe that the individual is 434 engaging in illegal activity. 435 (3) An individual who violates Subsection (1) is: 436 (a) guilty of an infraction; and 437 (b) is subject to a $100 fine. 438 439 Part 4. General Cannabis Production Establishment Operating Requirements 440 4-41B-401. Cannabis production establishment -- General operating 441 requirements. 442 (1) (a) A cannabis production establishment shall operate in accordance with the 443 operating plan provided to the department under Section 4-41b-203. 444 (b) A cannabis production establishment shall notify the department before a 445 change in the cannabis production establishment's operating plan. 446 (2) A cannabis production establishment shall operate: 447 (a) except as provided in Subsection (5), in a facility that is accessible only by an
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 448 individual with a valid cannabis production establishment agent registration card 449 issued under Section 4-41b-301; and 450 (b) at the physical address provided to the department under Section 4-41b-201. 451 (3) A cannabis production establishment may not employ any person who is younger than 452 21 years of age. 453 (4) (a) A cannabis production establishment shall conduct a background check into the 454 criminal history of every person who will become an agent of the cannabis 455 production establishment. 456 (b) A cannabis production establishment may not employ any person who has 457 been convicted of an offense that is a felony under either state or federal law. 458 (5) A cannabis production establishment may authorize an individual who is not a 459 cannabis production establishment agent to access the cannabis production 460 establishment if the cannabis production establishment: 461 (a) tracks and monitors the individual at all times while the individual is at the 462 cannabis production establishment; and 463 (b) maintains a record of the individual's access. 464 (6) A cannabis production establishment shall operate in a facility that has: 465 (a) a single, secure public entrance; 466 (b) a security system with a backup power source that: 467 (i) detects and records entry into the cannabis production establishment; 468 and 469 (ii) provides notice of an unauthorized entry to law enforcement when the 470 cannabis production establishment is closed; and 471 (c) a lock on any area where the cannabis production establishment stores 472 cannabis or a cannabis product. 473 474 4-41B-402. Inspections. 475 The department may inspect the records and facility of a cannabis production establishment 476 at any time in order to determine if the cannabis production establishment complies with the 477 requirements of this chapter. 478 479 4-41B-403. Advertising.
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 480 (1) A cannabis production establishment may not advertise to the general public in any 481 medium. 482 (2) Notwithstanding Subsection (1), a cannabis production establishment may advertise 483 employment opportunities at the cannabis production facility. 484 485 4-41B-404. Cannabis, cannabis product, or medical cannabis device 486 transportation. 487 (1) Except for an individual with a valid medical cannabis card pursuant to Title 26, 488 Chapter 60b, Medical Cannabis Act, an individual may not transport cannabis, a 489 cannabis product, or a medical cannabis device unless the individual is: 490 (a) a registered cannabis production establishment agent; or 491 (b) a registered medical cannabis pharmacy agent. 492 (2) Except for an individual with a valid medical cannabis card pursuant to Title 26, 493 Chapter 60b, Medical Cannabis Act, an individual transporting cannabis, a cannabis 494 product, or a medical cannabis device shall possess a transportation manifest that: 495 (a) includes a unique identifier that links the cannabis, cannabis product, or 496 medical cannabis device to a relevant inventory control system; 497 (b) includes origin and destination information for any cannabis, cannabis product, 498 or medical cannabis device the individual is transporting; and 499 (c) indicates the departure and arrival times and locations of the individual 500 transporting the cannabis, cannabis product, or medical cannabis device. 501 (3) In addition to the requirements in Subsections (1) and (2), the department may 502 establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative 503 Rulemaking Act, requirements for transporting cannabis, a cannabis product, or a 504 medical cannabis device that are related to safety for human cannabis or cannabis 505 product consumption. 506 (4) An individual who transports cannabis, a cannabis product, or a medical cannabis 507 device with a manifest that does not meet the requirements of this section is: 508 (a) guilty of an infraction; and 509 (b) subject to a $100 fine. 510 511 4-41B-405. Local control.
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 512 (1) A municipality or county may not enact a zoning ordinance that prohibits a cannabis 513 production establishment from operating in a location within the municipality's or 514 county's jurisdiction on the sole basis that the cannabis production establishment 515 possesses, grows, manufactures, or sells cannabis. 516 (2) A municipality or county may not deny or revoke a permit or license to operate a 517 cannabis production facility on the sole basis that the applicant or cannabis production 518 establishment violates a law of the United States regarding the legal status of 519 cannabis. 520 521 Part 5. Cannabis Cultivation Facility Operating Requirements 522 4-41B-501. Cannabis cultivation facility -- Operating requirements. 523 (1) A cannabis cultivation facility shall ensure that any cannabis growing at the cannabis 524 cultivation facility is not visible at the cannabis cultivation facility perimeter. 525 (2) A cannabis cultivation facility shall use a unique identifier that is connected to the 526 cannabis cultivation facility's inventory control system for: 527 (a) beginning at the time a cannabis plant is 8 inches tall and has a root ball, each 528 cannabis plant; 529 (b) each unique harvest of cannabis plants; 530 (c) each batch of cannabis transferred to a medical cannabis pharmacy, a 531 cannabis processing facility, or an independent cannabis testing laboratory; and 532 (d) disposal of excess, contaminated, or deteriorated cannabis. 533 534 4-41B-502. Cannabis -- Labeling and child-resistant packaging. 535 For any cannabis that a cannabis cultivation facility cultivates or otherwise produces, the 536 facility shall: 537 (1) label the cannabis with a label that: 538 (a) has a unique batch identification number that is connected to the inventory 539 control system; and 540 (b) does not display images, words, or phrases that are intended to appeal to 541 children; and 542 (2) package the cannabis in a container that: 543 (a) is tamper evident;
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 544 (b) is not appealing to children or similar to a candy container; 545 (c) is opaque; and 546 (d) complies with child-resistant effectiveness standards established by the United 547 States Consumer Product Safety Commission. 548 549 Part 6. Cannabis Processing Facility Operating Requirements 550 4-41B-601. Cannabis processing facility -- Operating requirements -- General. 551 (1) A cannabis processing facility shall ensure that a cannabis product sold by the 552 cannabis processing facility complies with the requirements of this part. 553 (2) If a cannabis processing facility extracts cannabinoids from cannabis using a 554 hydrocarbon process, the cannabis processing facility shall extract the cannabinoids 555 under a blast hood and shall use a system to reclaim solvents. 556 557 4-41B-602. Cannabis product -- Labeling and child-resistant packaging. 558 For any cannabis product that a cannabis processing facility processes or otherwise 559 produces, the facility shall: 560 (1) label the cannabis product with a label that: 561 (a) clearly and unambiguously states that the cannabis product contains cannabis; 562 (b) clearly displays the amount of tetrahydrocannabinol and cannabidiol in the 563 cannabis product; 564 (c) has a unique identification number that: 565 (i) is connected to the inventory control system; and 566 (ii) identifies the unique cannabis product manufacturing process by which 567 the cannabis product was manufactured; 568 (d) identifies the cannabinoid extraction process that the cannabis processing 569 facility used to create the cannabis product; 570 (e) does not display images, words, or phrases that are intended to appeal to 571 children; and 572 (f) discloses ingredients and possible allergens; and 573 (2) package the cannabis product in a container that: 574 (a) is tamper evident; 575 (b) is not appealing to children or similar to a candy container;
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 576 (c) is opaque; and 577 (d) complies with child-resistant effectiveness standards established by the United 578 States Consumer Product Safety Commission. 579 580 4-41B-603. Cannabis product -- Product quality. 581 (1) A cannabis processing facility may not produce a cannabis product in a physical form 582 that: 583 (a) is intended to appeal to children; or 584 (b) is designed to mimic or be mistaken for an existing candy product. 585 (2) A cannabis processing facility may not manufacture a cannabis product by applying a 586 cannabis agent only to the surface of a pre-manufactured food product that is not 587 produced by the cannabis processing facility. 588 (3) A cannabis product may vary in the cannabis product's labeled cannabis profile by up 589 to 15% of the indicated amount of a given cannabinoid, by weight. 590 (4) The department shall adopt by rule, in accordance with Title 63G, Chapter 3, Utah 591 Administrative Rulemaking Act, human safety standards for manufacture of cannabis 592 products that are consistent, to the extent possible, with rules for similar products that 593 do not contain cannabis. 594 595 Part 7. Independent Cannabis Testing Laboratories 596 4-41B-701. Cannabis and cannabis product testing. 597 (1) A medical cannabis pharmacy may not offer any cannabis or cannabis product for 598 sale unless an independent cannabis testing laboratory has tested a representative 599 sample of the cannabis or cannabis product to determine: 600 (a) the amount of tetrahydrocannabinol and cannabidiol in the cannabis or 601 cannabis product; 602 (b) that the presence of contaminants, including mold, fungus, pesticides, microbial 603 contaminants, or foreign material, does not exceed an amount that is safe for 604 human consumption; and 605 (c) for a cannabis product that is manufactured using a process that involves 606 extraction using hydrocarbons, that the cannabis product does not contain an 607 unhealthy level of a residual solvent.
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 608 (2) The department may determine by rule, in accordance with Title 63G, Chapter 3, Utah 609 Administrative Rulemaking Act, the amount of a substance described in Subsection 610 (1) that is safe for human consumption. 611 612 4-41B-702. Reporting -- Inspections -- Seizure by the department. 613 (1) If an independent cannabis testing laboratory determines that the results of a lab test 614 indicate that a cannabis or cannabis product batch may be unsafe for human 615 consumption, the independent cannabis testing laboratory shall: 616 (a) report the results and the cannabis or cannabis product batch to: 617 (i) the department; and 618 (ii) the cannabis production establishment that prepared the cannabis or 619 cannabis product batch; 620 (b) retain possession of the cannabis or cannabis product batch for one week in 621 order to investigate the cause of the defective batch and to make a 622 determination; and 623 (c) allow the cannabis production establishment that prepared the cannabis or 624 cannabis product batch to appeal the determination described in Subsection 625 (1)(b). 626 (2) If, under Subsection (1)(b), the department determines, following an appeal, that a 627 cannabis or cannabis product prepared by a cannabis production establishment is 628 unsafe for human consumption, the department may seize, embargo, or destroy the 629 cannabis or cannabis product batch. 630 631 Part 8. Enforcement 632 4-41B-801. Enforcement -- Fine -- Citation. 633 (1) The department may, for a violation of this chapter by a person that is a cannabis 634 production establishment or a cannabis production establishment agent: 635 (a) revoke the person's license or cannabis production establishment agent 636 registration card; 637 (b) refuse to renew the person's license or cannabis production establishment 638 agent registration card; or 639 (c) assess the person an administrative penalty.
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 640 (2) The department shall deposit an administrative penalty imposed under this section in 641 the General Fund. 642 (3) (a) The department may take an action described in Subsection (3)(b) if the 643 department concludes, upon inspection or investigation, that, for a person that 644 is a cannabis production establishment or a cannabis production establishment 645 agent: 646 (i) the person has violated the provisions of this chapter, a rule made under 647 this chapter, or an order issued under this chapter; or 648 (ii) the person produced cannabis or a cannabis product batch that contains 649 a substance that poses a threat to human health. 650 (b) If the department makes the determination about a person described in 651 Subsection (3)(a), the department shall: 652 (i) issue the person a written citation; 653 (ii) attempt to negotiate a stipulated settlement; 654 (iii) seize, embargo, or destroy the cannabis or cannabis product batch; and 655 (iv) direct the person to appear before an adjudicative proceeding conducted 656 under Title 63G, Chapter 4, Administrative Procedures Act. 657 (4) The department may, for a person subject to an uncontested citation, a stipulated 658 settlement, or a finding of a violation in an adjudicative proceeding under this section: 659 (a) assess the person a fine, established in accordance with Section 63J-1-504, of 660 up to $5,000 per violation, in accordance with a fine schedule established by 661 rule made in accordance with Title 63G, Chapter 3, Utah Administrative 662 Rulemaking Act; or 663 (b) order the person to cease and desist from the action that creates a violation. 664 (5) The department may not revoke a cannabis production establishment's license without 665 first directing the cannabis production establishment to appear before an adjudicative 666 proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act. 667 (6) If within 20 calendar days after the day on which a department serves a citation for a 668 violation of this chapter, the person that is the subject of the citation fails to request a 669 hearing to contest the citation, the citation becomes the department's final order. 670 (7) The department may, for a person who fails to comply with a citation under this 671 section:
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 672 (a) refuse to issue or renew the person's license or cannabis production 673 establishment agent registration card; or 674 (b) suspend, revoke, or place on probation the person's license or cannabis 675 production establishment registration card. 676 (8) If the department makes a final determination under this section that an individual 677 violated a provision of this chapter, the individual is guilty of an infraction. 678 679 4-41B-802. Report. 680 (1) The department shall report annually to the Health and Human Services Interim 681 Committee on: 682 (a) the number of applications and renewal applications that the department 683 receives; 684 (b) the number of each type of cannabis production facility that the department 685 licenses in each county; 686 (c) the amount of cannabis that licensees grow; 687 (d) the amount of cannabis that licensees manufacture into cannabis products; 688 (e) the number of licenses the department revokes; and 689 (f) the expenses incurred and revenues generated from the medical cannabis 690 program. 691 (2) The department may not include personally identifying information in the report 692 described in this section. 693 694 10-9a-104. Stricter requirements or higher standards. 695 (1) Except as provided in Subsection (2), a municipality may enact a land use regulation 696 imposing stricter requirements or higher standards than are required by this chapter. 697 (2) A municipality may not impose : 698 (a) a requirement or standard that conflicts with a provision of this chapter, other 699 state law, or federal law[.] ; or 700 (b) stricter requirements or higher standards than are required by: 701 (i) Section 4-41b-405; and 702 (ii) Sectuin 26-60b-506. 703
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 704 17-27a-104. Stricter requirements or higher standards. 705 (1) Except as provided in Subsection (2), a county may enact a land use regulation 706 imposing stricter requirements or higher standards than are required by this chapter. 707 (2) A county may not impose : 708 (a) a requirement or standard that conflicts with a provision of this chapter, other 709 state law, or federal law[.] ; or 710 (b) (i) Section 4-41b-405; and 711 (ii) Section 26-60b-506. 712 713 26-61-202. Cannabinoid Product Board -- Duties. 714 (1) The board shall review any available research related to the human use of cannabis, 715 a cannabinoid product , or an expanded cannabinoid product that: 716 (a) was conducted under a study approved by an IRB; or 717 (b) was conducted or approved by the federal government. 718 (2) Based on the research described in Subsection (1), the board shall evaluate the 719 safety, risks, and efficacy of cannabis, cannabinoid products , and expanded 720 cannabinoid products, including: 721 (a) medical conditions that respond to cannabis, cannabinoid products , and 722 expanded cannabinoid products; 723 (b) cannabis and cannabinoid dosage amounts and medical dosage forms; and 724 (c) interaction of cannabis, cannabinoid products , and expanded cannabinoid 725 products with other treatments. 726 (3) Based on the board's evaluation under Subsection (2), the board shall develop 727 guidelines for [a physician recommending] treatment with cannabis, a cannabinoid 728 product [or] , and an expanded cannabinoid product that [includes] include a list of 729 medical conditions, if any, that the board determines are appropriate for treatment with 730 cannabis, a cannabinoid product , or an expanded cannabinoid product. 731 (4) The board shall submit the guidelines described in Subsection (3) to: 732 (a) the director of the Division of Occupational and Professional Licensing; and 733 (b) the Health and Human Services Interim Committee. 734 (5) The board shall report the board's findings before November 1 of each year to the 735 Health and Human Services Interim Committee.
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 736 (6) Guidelines developed in accordance with this section may not limit the availability of 737 cannabis, cannabinoid products, or expanded cannabinoid products permitted under 738 Title 4, Chapter 41b, Cannabis Production Establishment or Title 26, Chapter 60b, 739 Medical Cannabis Act. 740 741 CHAPTER 61b. MEDICAL CANNABIS ACT 742 Part 1. General Provisions. 743 26-60B-101. Title. 744 This chapter is known as "Medical Cannabis Act." 745 746 26-60B-102. Definitions. 747 As used in this chapter: 748 (1) "Cannabis" means the same as that term is defined in Section 58-37-3.7. 749 (2) "Cannabis cultivation facility" means the same as that term is defined in Section 750 4-41b-102. 751 (3) "Cannabis processing facility" means the same as that term is defined in Section 752 4-41b-102. 753 (4) "Cannabis product" means the same as that term is defined in Section 58-37-3.7. 754 (5) "Cannabis production establishment agent" means the same as that term is defined in 755 Section 4-41b-102. 756 (6) "Cannabis production establishment agent registration card" means the same as that 757 term is defined in Section 4-41b-102. 758 (7) "Community location" means a church, public library, public playground, public park, or 759 a public or private school. 760 (8) "Designated caregiver" means an individual: 761 (a) (i) whom a patient with a medical cannabis card designates as the patient's 762 caregiver; or 763 (ii) who is the parent or guardian of a minor patient with a medical cannabis 764 card; and 765 (b) registers with the department under Section 26-60b-202. 766 (9) "Independent cannabis testing laboratory" means the same as that term is defined in 767 Section 4-41b-102.
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 768 (10) "Inventory control system" means the system described in Section 4-41b-103. 769 (11) "Medical cannabis card" means an official card: 770 (a) that the department issues to an individual with a qualifying illness or the 771 individual's designated caregiver under this chapter; and 772 (b) that is connected to the electronic verification system. 773 (12) "Medical cannabis device" means the same as that term is defined in Section 774 58-37-3.7. 775 (13) "Medical cannabis pharmacy" means a person that: 776 (a) acquires or intends to acquire: 777 (i) cannabis or a cannabis product from a cannabis production 778 establishment; or 779 (ii) a medical cannabis device; 780 (b) possesses cannabis, a cannabis product, or a medical cannabis device; and 781 (c) sells or intends to sell cannabis, a cannabis product, or a medical cannabis 782 device. 783 (14) "Medical cannabis pharmacy agent" means an owner, officer, director, board member, 784 employee, or volunteer of a medical cannabis pharmacy. 785 (15) "Medical cannabis pharmacy agent registration card" means a registration card issued 786 by the department that authorizes an individual to act as a medical cannabis 787 pharmacy agent. 788 (16) "Medical Cannabis Restricted Account" means the account created in Section 789 26-60b-109. 790 (17) "Qualified medical provider" means an individual who is qualified to recommend 791 cannabis under Section 26-60b-107. 792 (18) "Qualifying illness" means a condition described in Section 26-60b-105. 793 (19) "State electronic verification system" means the system described in Section 794 26-60b-103. 795 796 26-60B-103. Electronic verification system. 797 (1) The Department of Agriculture and Food, the department, the Department of Public 798 Safety, and the Department of Technology Services shall: 799 (a) enter into a memorandum of understanding in order to determine the function
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 800 and operation of an electronic verification system in accordance with 801 Subsection (2); 802 (b) coordinate with the Division of Purchasing, under Title 63G, Chapter 6a, Utah 803 Procurement Code, to develop a request for proposals for a third-party provider 804 to develop and maintain the electronic verification system in coordination with 805 the Department of Technology Services; and 806 (c) select a third-party provider described in Subsection (1)(b). 807 (2) The Department of Agriculture and Food, the department, the Department of Public 808 Safety, and the Department of Technology Services shall ensure that, no later than 809 March 1, 2020, the electronic verification system described in Subsection (1): 810 (a) allows an individual, with the individual's qualified medical provider in the 811 qualified medical provider's office, to apply for a medical cannabis card; 812 (b) allows an individual to apply to renew a medical cannabis card in accordance 813 with Sections 20-60B-201 and 202; 814 (c) allows a qualified medical provider to electronically recommend, during a visit 815 with a patient, treatment with cannabis or a cannabis product; 816 (d) connect with an inventory control system used by a medical cannabis pharmacy 817 to track in real time and archive purchases of any cannabis, cannabis product, 818 or medical cannabis device, including: 819 (i) the time and date of the purchase; 820 (ii) the quantity and type of cannabis, cannabis product, or medical 821 cannabis device purchased; 822 (iii) any cannabis production establishment or medical cannabis pharmacy 823 associated with the cannabis, cannabis product, or medical cannabis 824 device; and 825 (iv) unless cannabis is removed from the list of Schedule I drugs under the 826 Controlled Substances Act, for a temporary retention period of no more 827 than 60 days, the personally identifiable information of the medical 828 cannabis card holder who made the purchase; 829 (d) provide access to the department and the Department of Agriculture and Food 830 to the extent necessary to carry out the department's and the Department of 831 Agriculture and Food's functions and responsibilities under this chapter and
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 832 under Title 4, Chapter 41b, Cannabis Production Establishment; 833 (e) provide access to state or local law enforcement: 834 (i) during a traffic stop for the purpose of determining if the individual 835 subject to the traffic stop is in compliance with state medical cannabis 836 law; or 837 (ii) after obtaining a warrant; and 838 (f) create a record each time a person accesses the database that identifies the 839 person who accessed the database and the individual whose records the 840 person accesses. 841 (3) The department may release de-identified data that the system collects for the 842 purpose of: 843 (a) conducting medical research; and 844 (b) providing the report required by Section 26-60b-603. 845 846 26-60B-104. Preemption. 847 This chapter preempts any ordinance or rule enacted by a political subdivision of the state 848 regarding a medical cannabis pharmacy or a medical cannabis card. 849 850 26-60B-105. Qualifying illness. 851 For the purposes of this chapter, the following conditions are a qualifying illness: 852 (1) HIV, acquired immune deficiency syndrome, or an autoimmune disorder; 853 (2) Alzheimer's disease; 854 (3) amyotrophic lateral sclerosis; 855 (4) cancer, cachexia, or a condition manifest by physical wasting, nausea, or malnutrition 856 associated with chronic disease; 857 (5) Crohn's disease, ulcerative colitis, or a similar gastrointestinal disorder; 858 (6) epilepsy or a similar condition that causes debilitating seizures; 859 (7) multiple sclerosis or a similar condition that causes persistent and debilitating muscle 860 spasms; 861 (8) post-traumatic stress disorder; 862 (9) autism; 863 (10) a terminal illness when the patient's remaining life expectancy is less than one year;
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 864 (11) a rare condition or disease that affects less than 200,000 persons in the United 865 States, as defined in Section 526 of the Federal Food, Drug, and Cosmetic Act; and 866 (12) chronic or debilitating pain in an individual, if a qualified medical provider determines 867 that the individual is: 868 (a) at risk of becoming chemically dependent or overdosing on opiate-based pain 869 medication; 870 (b) allergic to opiates: or 871 (c) otherwise medically unable to use opiates; or 872 (13) a condition that the compassionate use board approves under Section 26-60b-106 in 873 an individual, case-by-case basis. 874 875 26-60B-106. Compassionate use board. 876 (1) The department shall establish a compassionate use board consisting of: 877 (a) five qualified medical providers that the department appoints who are: 878 (i) knowledgeable about the medicinal use of cannabis; and 879 (ii) certified by the appropriate board in the specialty of neurology, pain 880 medicine and pain management, medical oncology, psychiatry, 881 infectious disease, internal medicine, pediatrics, or gastroenterology; 882 and 883 (b) as a non-voting member and the chair of the board, the director of the 884 department or the director's designee. 885 (2) (a) Of the members of the board that the department first appoints: 886 (i) two shall serve an initial term of three years; and 887 (ii) the remaining members shall serve an initial term of four years. 888 (b) After the initial terms described in Subsection (2)(a) expire, each term is four 889 years and eligible for reappointment. 890 (c) Any member of the board may serve until a successor is appointed. 891 (3) Three members constitute a quorum of the compassionate use board. 892 (4) A member of the board: 893 (a) may not receive compensation or benefits for the member's service; and 894 (b) may receive per diem and travel expenses in accordance with Section 895 63A-3-106, Section 63A-3-107, and rules made by the Division of Finance
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 896 pursuant to Sections 63A-3-106 and 63A-3-107. 897 (5) The compassionate use board shall: 898 (a) review and recommend for department approval an individual who is not 899 otherwise qualified to receive a medical cannabis card to obtain a medical 900 cannabis card for compassionate use if: 901 (i) the individual offers, in the board's discretion, satisfactory evidence that 902 the individual suffers from an intractible condition that substantially 903 impairs the individual's quality of life; and 904 (ii) the board determines it is in the best interest of the patient to allow the 905 compassionate use of medical cannabis; 906 (b) meet to receive or review compassionate use petitions at least quarterly unless 907 no petitions are pending, and as often as necessary if there are more petitions 908 than the board can receive or review during the board's regular schedule; 909 (c) complete a review of each petition and recommend approval or denial of the 910 applicant for qualification for a medical cannabis card within 90 days of receipt; 911 and 912 (d) report, before November 1 of each year, to the Health and Human Services 913 Interim Committee: 914 (i) the number of compassionate use approvals the board issued during the 915 past year; and 916 (ii) the types of conditions for which the board approved compassionate 917 use. 918 (6) The department shall review any compassionate use that the board approves to 919 determine if the board properly exercised the board's discretion under this section. 920 (7) If the department determines that the board properly approved an individual for 921 compassionate use under this section, the department shall issue a medical cannabis 922 card. 923 (8) Any individually identifiable health information contained in a petition that the board or 924 department receive under this section is a protected record in accordance with Title 925 63G, Chapter 2, Government Records Access and Management Act. 926 (9) The compassionate use board may recommend to the Health and Human Services 927 Interim Committee:
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 928 (a) a condition to designate as a qualifying illness under Section 26-60b-105; or 929 (b) a condition to remove as a qualifying illness under Section 26-60b-105. 930 931 26-60B-107. Medical provider qualification. 932 (1) A medical provider qualifies to recommend a medical cannabis treatment to patients if 933 the provider: 934 (a) is actively licensed in good standing in accordance with: 935 (i) for a physician, Title 58, Chapter 67, Utah Medical Practice Act or Title 936 58, Chapter 68, Utah Osteopathic Medical Practice Act; 937 (ii) for a physician's assistant, Title 58, Chapter 70A, Physician Assistant 938 Act; or 939 (iii) for an advanced practice registered nurse, Title 58, Chapter 31B, Nurse 940 Practice Act; 941 (b) licensed to prescribe a controlled substance in accordance with Title 58, 942 Chapter 37, Utah Controlled Substances Act; and 943 (c) possesses the authority, in accordance with the individual's scope of practice, 944 to prescribe Schedule II controlled substances. 945 (2) A qualified medical provider may not recommend a medical cannabis treatment if the 946 qualified medical provider recommends a medical cannabis treatment to more than 947 20% of the qualified medical provider's patients at any given time. 948 (3) A qualified medical provider may recommend a medical cannabis treatment to more 949 than 20% of the qualified medical provider's patients if the appropriate American 950 medical board certifies the qualified medical provider in the specialty of 951 anesthesiology, gastroenterology, neurology, oncology, pain and palliative care, 952 physiatry, or psychiatry. 953 (4) A qualified medical provider may recommend a medical cannabis treatment to an 954 individual under this chapter only in the course of a physician-patient relationship after 955 the qualified medical provider has completed a full assessment of the patient's 956 condition and medical history. 957 (5) (a) Except as provided in Subsection (5)(b), a qualified medical provider eligible to 958 recommend a course of treatment with medical cannabis or a cannabis product 959 under this section may not advertise that the qualified medical provider
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 960 recommends treatment with medical cannabis or a cannabis product. 961 (b) A qualified medical provider may only advertise, through a website, the 962 following information related to medical cannabis: 963 (i) a green cross; 964 (ii) any qualifying illness that the qualified medical provider treats; and 965 (iii) any scientific study regarding medical cannabis use. 966 967 26-60B-108. Standard of care -- Medical practitioners not liable -- No private 968 right of action. 969 A qualified medical provider who recommends treatment with medical cannabis or a 970 cannabis product to a patient in accordance with this chapter is not, based on the 971 recommendation, subject to: 972 (1) civil or criminal liability; or 973 (2) licensure sanctions under: 974 (a) for a physician, Title 58, Chapter 67, Utah Medical Practice Act or Title 58, 975 Chapter 68, Utah Osteopathic Medical Practice Act; 976 (b) for a physician's assistant, Title 58, Chapter 70A, Physician Assistant Act; or 977 (c) for an advanced practice registered nurse, Title 58, Chapter 31B, Nurse 978 Practice Act; 979 980 26-60B-109. Medical Cannabis Restricted Account -- Creation. 981 (1) There is created in the General Fund a restricted account known as the "Medical 982 Cannabis Restricted Account." 983 (2) The account created in this section is funded from: 984 (a) money deposited into the account by the Department of Agriculture and Food 985 under Title 4, Chapter 41b, Cannabis Production Establishments; 986 (b) money deposited into the account by the department under this chapter; 987 (c) appropriations made to the account by the Legislature; and 988 (d) the interest described in Subsection (3). 989 (3) Interest earned on the account is deposited in the account. 990 (4) Money in the account may only be used to fund the state medical cannabis program, 991 including Title 26, Chapter 60b, Medical Cannabis Act and Title 4, Chapter 41b,
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 992 Cannabis Production Establishments. 993 994 26-60B-110. Nondiscrimination for medical care. 995 For purposes of medical care, including organ and tissue transplants, the use of cannabis by 996 a patient who holds a medical cannabis card in accordance with this chapter: 997 (1) is the equivalent of the authorized use of any other medication used at the discretion 998 of a physician; and 999 (2) does not constitute the use of an illicit substance or otherwise disqualify an individual 1000 from needed medical care. 1001 1002 Part 2. Medical Cannabis Card Registration 1003 26-60B-201. Medical cannabis card -- Application -- Fees -- Database. 1004 (1) The department shall, no later than March 1, 2020, and within 15 days after an 1005 individual submits an application in compliance with this section, issue a medical 1006 cannabis card to an individual who complies with this section and satisfies the 1007 eligibility criteria in this section. 1008 (2) An individual is eligible for a medical cannabis card if: 1009 (a) (i) the individual is at least 18 years old; 1010 (ii) the individual is a Utah resident; and 1011 (iii) the individual's qualified medical provider has recommended treatment 1012 with medical cannabis in accordance with Subsection (4); or 1013 (b) (i) the individual is the parent or legal guardian of a minor; 1014 (ii) the individual is at least 18 years old; 1015 (iii) the individual is a Utah resident; 1016 (iv) the minor's qualified medical provider has recommended treatment with 1017 medical cannabis in accordance with Subsection (4); 1018 (c) the individual pays, to the department, a fee that the department establishes in 1019 accordance with Section 63J-1-504, plus the cost of the criminal background 1020 check described in Section 26-60b-203; and 1021 (d) the individual has not been convicted of an offense that is a felony under either 1022 state or federal law, unless the individual completed any imposed sentence 1023 seven or more years earlier.
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1024 (3) An individual who is eligible for a medical cannabis card under Subsection (2) shall 1025 submit an application for a medical cannabis card to the department: 1026 (a) through an electronic application connected to the electronic verification 1027 system; 1028 (b) with the recommending qualified medical provider while in the recommending 1029 qualified medical provider's office; and 1030 (c) including the individual's name, gender, age, and address. 1031 (4) A qualified medical provider who recommends treatment with medical cannabis to an 1032 individual or minor shall: 1033 (a) state in the qualified medical provider's recommendation that the individual 1034 suffers from a qualifying illness, including the type of qualifying illness, and that 1035 the individual may benefit from treatment with cannabis or a cannabis product; 1036 and 1037 (b) before recommending cannabis or a cannabis product, look up the individual in 1038 the controlled substance database created in Section 58-37f-201. 1039 (5) A medical cannabis card issued by the department under this section is valid for the 1040 lesser of an amount of time determined by the qualified medical provider or: 1041 (a) upon first receiving a medical cannabis card, 30 days; 1042 (b) upon the first renewal, 60 days; and 1043 (c) for a renewal after the first renewal, six months. 1044 (6) (a) A medical cannabis card is renewable if, at the time of renewal, the individual 1045 with a medical cannabis card meets the requirements of Subsection (2). 1046 (b) A medical cannabis card holder may renew the medical cannabis card: 1047 (i) using the application process described in Subsection (3); or 1048 (ii) through phone or video conference with the recommending qualified 1049 medical provider, at the provider's discretion. 1050 (c) A medical cannabis card holder who renews a medical cannabis card shall pay, 1051 to the department, a renewal fee that: 1052 (i) the department establishes in accordance with Section 63J-1-504; and 1053 (ii) may not exceed the cost of the relatively lower administrative burden of 1054 renewal. 1055 (7) A medical cannabis card holder:
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1056 (a) may carry a valid medical cannabis card with the patient's name; 1057 (b) may purchase, possess, and transport, in accordance with this chapter, 1058 cannabis, a cannabis product, or a medical cannabis device; 1059 (c) may use or assist with the use of medical cannabis or medical cannabis 1060 products to treat the qualifying illness or symptoms associated with the 1061 qualifying illness of the person for whom medical cannabis has been 1062 recommended; and 1063 (d) after January 1, 2021, if a licensed medical cannabis pharmacy is not operating 1064 within 100 miles of the medical cannabis card holder's primary residence, is not 1065 subject to prosecution for the possession of marijuana or marijuana drug 1066 paraphernalia. 1067 (8) The department may establish procedures, by rule in accordance with Title 63G, 1068 Chapter 3, Utah Administrative Rulemaking Act, to implement the medical cannabis 1069 card application and issuance provisions of this section. 1070 (9) (a) A person may submit, to the department, a request to conduct a medical 1071 research study using medical cannabis cardholder data contained in the 1072 electronic verification system. 1073 (b) The department shall review a request submitted under Subsection (9)(a) to 1074 determine if the medical research study is valid. 1075 (c) If the department determines that the medical research study is valid under 1076 Subsection (9)(b), the department shall notify a relevant medical cannabis 1077 cardholder asking for the medical cannabis cardholder's participation in the 1078 study. 1079 (d) The department may release, for the purposes of a study, information about a 1080 medical cannabis cardholder who consents to participation under Subsection 1081 (9)(c). 1082 (e) The department may establish standards for a medical research study's validity, 1083 by rule made in accordance with Title 63G, Chapter 3, Utah Administrative 1084 Rulemaking Act. 1085 1086 26-60B-202. Medical cannabis card --- Designated caregiver -- Registration -- 1087 Renewal -- Revocation.
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1088 (1) An individual may designate up to two individuals to serve as designated caregivers 1089 for the individual if: 1090 (a) the individual has a valid medical cannabis card under Section 26-60b-201; and 1091 (b) a qualified medical provider determines that, due to physical difficulty or undue 1092 hardship, the individual needs assistance to obtain cannabis or a cannabis 1093 product from a medical cannabis pharmacy. 1094 (2) An individual registered as a designated caregiver under this section: 1095 (a) may carry a valid medical cannabis card with the designating patient's name 1096 and the designated caregiver's name; 1097 (b) may purchase, possess, and transport, in accordance with this chapter, 1098 cannabis, a cannabis product, or a medical cannabis device on behalf of the 1099 designating patient; 1100 (c) may accept reimbursement from the designating patient for direct costs 1101 incurred by the designated caregiver for assisting with the designating patient's 1102 medicinal use of cannabis; and 1103 (d) after January 1, 2021, if a licensed medical cannabis pharmacy is not operating 1104 within 100 miles of the medical cannabis card holder's primary residence, is not 1105 subject to prosecution for the possession of marijuana or marijuana drug 1106 paraphernalia. 1107 (3) The department shall, within 30 days after an individual submits an application in 1108 compliance with this section, issue a medical cannabis card to an individual 1109 designated as a caregiver under Subsection (1) and who complies with this section. 1110 (4) An individual is eligible for a medical cannabis card as a designated caregiver if the 1111 individual: 1112 (a) is at least 18 years old; 1113 (b) is a Utah resident; 1114 (c) pays, to the department, a fee that the department establishes in accordance 1115 with Section 63J-1-504, plus the cost of the criminal background check 1116 described in Section 26-60b-203; and 1117 (d) has not been convicted of an offense that is a felony under either state or 1118 federal law, unless the individual completed any imposed sentence seven or 1119 more years earlier.
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1120 (5) An individual who is eligible for a medical cannabis card as a designated caregiver 1121 shall: 1122 (a) submit an application for a medical cannabis card to the department through an 1123 electronic application connected to the electronic verification system; 1124 (b) include the individual's name, gender, age, and address; and 1125 (c) include the name of the patient that designated the individual under Subsection 1126 (1). 1127 (6) A medical cannabis card issued by the department under this section is valid for the 1128 lesser of: 1129 (a) an amount of time determined by: 1130 (i) the qualified medical provider; or 1131 (ii) the patient who designates the caregiver; or 1132 (b) (i) upon first receiving a medical cannabis card as a designated caregiver, 1133 30 days; 1134 (ii) upon the first renewal, 60 days; and 1135 (iii) for a renewal after the first renewal, six months. 1136 (7) (a) A medical cannabis card is renewable for a designated caregiver if, at the time 1137 of renewal: 1138 (i) the individual with a medical cannabis card described in Subsection (1) 1139 renews the caregiver's designation; and 1140 (ii) the designated caregiver meets the requirements of Subsection (4). 1141 (b) A designated caregiver may renew the caregiver's medical cannabis card using 1142 the application process described in Subsection (5). 1143 (c) A designated caregiver renewing a medical cannabis card shall pay, to the 1144 department, a renewal fee that: 1145 (i) the department establishes in accordance with Section 63J-1-504; and 1146 (ii) may not exceed the cost of the relatively lower administrative burden of 1147 renewal. 1148 (8) A designated caregiver may not charge an individual a fee to act as the individual's 1149 designated caregiver or for services provided. 1150 (9) The department may revoke a designated caregiver's medical cannabis card if the 1151 individual:
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1152 (a) violates this chapter; or 1153 (b) is convicted of an offense that is a felony under either state or federal law. 1154 1155 26-60B-203. Designated caregiver -- Criminal background check. 1156 (1) An individual registered as a designated caregiver under Section 26-60b-202 shall 1157 submit to a criminal background check in accordance with Subsection (2). 1158 (2) Each designated caregiver shall: 1159 (a) submit, to the department, a fingerprint card in a form acceptable to the 1160 department and the Department of Public Safety; and 1161 (b) consent to a fingerprint background check by: 1162 (i) the Utah Bureau of Criminal Identification; and 1163 (ii) the Federal Bureau of Investigation. 1164 (3) The Department of Public Safety shall: 1165 (a) complete a Federal Bureau of Investigation Criminal Background Check for 1166 each designated caregiver under Subsection (2); and 1167 (b) report the results of the background check to the department. 1168 1169 26-60B-204. Medical cannabis card -- Patient and designated caregiver 1170 requirements -- Rebuttable presumption. 1171 (1) An individual who has a medical cannabis card and who possesses cannabis or a 1172 cannabis product outside of the individual's residence shall: 1173 (a) carry, with the individual at all times, the individual's medical cannabis card; 1174 (b) carry, with the cannabis or cannabis product, a label that identifies that the 1175 cannabis or cannabis product: 1176 (i) was originally sold from a licensed medical cannabis pharmacy; and 1177 (ii) includes an identification number that links the cannabis or cannabis 1178 product to the inventory control system; and 1179 (c) possess not more than: 1180 (i) four ounces of unprocessed cannabis; or 1181 (ii) an amount of cannabis product that contains 20 or fewer grams of 1182 tetrahydrocannabinol or cannabidiol. 1183 (2) (a) Except as described in Subsection (2)(b), an individual who has a medical
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1184 cannabis card may not use cannabis or a cannabis product in public view. 1185 (b) An individual may use cannabis or a cannabis product in public view in the 1186 event of a medical emergency. 1187 (3) If an individual possesses cannabis or a cannabis product in compliance with 1188 Subsection (1), or a medical cannabis device that corresponds with the cannabis or 1189 cannabis product: 1190 (a) there is a rebuttable presumption that the individual possesses the cannabis, 1191 cannabis product, or medical cannabis device legally; and 1192 (b) a law enforcement officer does not have probable cause, based solely on the 1193 individual's possession of the cannabis, cannabis product, or medical cannabis 1194 device, to believe that the individual is engaging in illegal activity. 1195 (4) (a) If a law enforcement officer stops an individual who possesses cannabis, a 1196 cannabis product, or a medical cannabis device, and the individual represents 1197 to the law enforcement officer that the individual holds a valid medical cannabis 1198 card, but the individual does not have the medical cannabis card in the 1199 individual's possession at the time of the stop by the law enforcement officer, 1200 the law enforcement officer shall attempt to access the electronic verification 1201 system to determine whether the individual holds a valid medical cannabis 1202 card. 1203 (b) If the law enforcement officer is able to verify that the individual described in 1204 Subsection (4)(a) holds a valid medical cannabis card, the law enforcement 1205 officer: 1206 (i) may not arrest or take the individual into custody for the sole reason that 1207 the individual is in possession of cannabis, a cannabis product, or a 1208 medical cannabis device; and 1209 (ii) may not seize the cannabis, cannabis product, or medical cannabis 1210 device. 1211 (5) An individual who possesses cannabis, a cannabis product, or a medical cannabis 1212 device in violation of Subsection (1)(a) or Subsection (1)(b) is guilty of an infraction 1213 and subject to a $100 fine. 1214 1215 Part 3. Medical cannabis pharmacy License
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1216 26-60B-301. Medical cannabis pharmacy -- License -- Eligibility. 1217 (1) A person may not operate as a medical cannabis pharmacy without a license issued 1218 by the department issued under this part. 1219 (2) Subject to Subsections (5) and to Section 26-60b-304, the department shall, within 90 1220 business days after receiving a complete application, issue a license to operate a 1221 medical cannabis pharmacy to a person who submits to the department: 1222 (a) a proposed name and address where the person will operate the medical 1223 cannabis pharmacy that is not within the following distances, as measured from 1224 the nearest entrance to the cannabis production establishment by following the 1225 shortest route of ordinary pedestrian travel to the property boundary: 1226 (i) 600 feet of a community location; or 1227 (ii) 300 feet of an area in which local zoning does not allow for the operation 1228 of either: 1229 (A) a business that sells alcohol; or 1230 (B) a retail tobacco specialty business, as that term is defined in 1231 Section 10-8-41.6 or 17-50-333; 1232 (b) the name and address of any individual who 1233 (i) has a financial or voting interest of two percent or greater in the 1234 proposed medical cannabis pharmacy; or 1235 (ii) has the power to direct or cause the management or control of a 1236 proposed cannabis production establishment; 1237 (c) financial statements demonstrating that the person possesses a minimum of 1238 $125,000 in liquid assets available for each application submitted to the 1239 department; 1240 (d) an operating plan that: 1241 (i) complies with Section 26-60b-303; and 1242 (ii) includes operating procedures to comply with the operating requirements 1243 for a medical cannabis pharmacy described in this chapter and with any 1244 laws adopted by the municipality or county that are consistent with 1245 Section 26-60b-506; 1246 (e) if the municipality or county where the proposed cannabis production 1247 establishment would be located has enacted zoning restrictions, a sworn
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1248 statement certifying that the proposed medical cannabis pharmacy is in 1249 compliance with the restrictions; 1250 (f) if the municipality or county where the proposed medical cannabis pharmacy 1251 would be located requires a local permit or license, a copy of the application for 1252 the local permit or license; and 1253 (g) an application fee established by the department in accordance with Section 1254 63J-1-504 that is necessary to cover the department's cost to implement this 1255 part; 1256 (4) If the department determines that a medical cannabis pharmacy is eligible for a 1257 license under this section, the department shall charge the medical cannabis 1258 pharmacy an initial license fee in an amount determined by the department in 1259 accordance with Section 63J-1-504. 1260 (5) The department may not issue a license to operate a medical cannabis pharmacy to 1261 an applicant if any individual who has a financial or voter interest of two percent or 1262 greater in the medical cannabis pharmacy applicant or who has power to direct or 1263 cause the management or control of the applicant and: 1264 (a) has been convicted of an offense that is a felony under either state or federal 1265 law; or 1266 (b) is less than 21 years of age. 1267 (6) The department may revoke a license under this part if the medical cannabis 1268 pharmacy is not operating within one year of the issuance of the initial license. 1269 (7) The department shall deposit the proceeds of a fee imposed by this section in the 1270 Medical Cannabis Restricted Account. 1271 (8) The department shall begin accepting applications under this part no later than March 1272 1, 2020. 1273 1274 26-60B-302. Renewal. 1275 (1) Except as provided in Subsection (3), the department shall renew a person's license 1276 under this part every two years if, at the time of renewal: 1277 (a) the person meets the requirements of Section 26-60b-301; and 1278 (b) the person pays the department a license renewal fee in an amount determined 1279 by the department in accordance with Section 63J-1-504.
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1280 (2) (a) If a licensed medical cannabis pharmacy abandons the medical cannabis 1281 pharmacy's license, the department shall publish notice of an available license: 1282 (i) in a newspaper of general circulation for the geographic area in which 1283 the medical cannabis pharmacy license is available; or 1284 (ii) on the Utah Public Notice Website established in Section 63F-1-701. 1285 (b) The department may establish criteria, in accordance with Title 63G, Chapter 3, 1286 Utah Administrative Rulemaking Act, for what actions by a medical cannabis 1287 pharmacy constitute abandonment of a medical cannabis pharmacy license. 1288 1289 26-60B-303. Operating plan. 1290 A person applying for a medical cannabis pharmacy license shall submit to the department a 1291 proposed operation plan for the medical cannabis pharmacy that complies with this section 1292 and that includes: 1293 (1) a description of the physical characteristics of the proposed facility, including a floor 1294 plan and an architectural elevation; 1295 (2) a description of the credentials and experience of: 1296 (a) each officer, director, or owner of the proposed medical cannabis pharmacy; 1297 and 1298 (b) any highly skilled or experienced prospective employee; 1299 (3) the medical cannabis pharmacy's employee training standards; 1300 (4) a security plan; and 1301 (5) a description of the medical cannabis pharmacy's inventory control system, including a 1302 plan to make the inventory control system compatible with the electronic verification 1303 system. 1304 1305 26-60B-304. Maximum number of licenses. 1306 (1) In each county, the department may not issue more than the greater of: 1307 (a) one medical cannabis pharmacy license; or 1308 (b) an amount of medical cannabis pharmacy licenses equal to the number of 1309 residents in the county divided by 150,000, rounded up to the nearest greater 1310 whole number. 1311 (2) If there are more qualified applicants than there are available licenses for medical
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1312 cannabis pharmacies, the department shall evaluate the applicants and award the 1313 license to the applicant that best demonstrates: 1314 (a) experience with establishing and successfully operating a business that 1315 involves complying with a regulatory environment, tracking inventory, and 1316 training, evaluating, and monitoring employees; 1317 (b) an operating plan that will best ensure the safety and security of patrons and 1318 the community; 1319 (c) positive connections to the local community; 1320 (d) the suitability of the proposed location and its accessibility for qualifying 1321 patients; and 1322 (e) the extent to which the applicant can reduce the cost of cannabis or cannabis 1323 products for patients. 1324 (3) The department may conduct a face-to-face interview with an applicant for a license 1325 that the department evaluates under Subsection (2). 1326 1327 Part 4. Medical cannabis pharmacy Agents 1328 26-60B-401. Medical cannabis pharmacy agent -- Registration. 1329 (1) An individual may not serve as a medical cannabis pharmacy agent of a medical 1330 cannabis pharmacy unless the individual is registered by the department as a medical 1331 cannabis pharmacy agent. 1332 (2) A physician, regardless of the physician's status as a qualified medical provider, may 1333 not act as a medical cannabis pharmacy agent. 1334 (3) The department shall, within 15 days after receiving a complete application from a 1335 medical cannabis pharmacy on behalf of a prospective medical cannabis pharmacy 1336 agent, register and issue a medical cannabis pharmacy agent registration card to an 1337 individual who: 1338 (a) provides to the department the individual's name and address and the name 1339 and location of the licensed medical cannabis pharmacy where the individual 1340 seeks to act as the medical cannabis pharmacy agent; and 1341 (b) pays a fee to the department, in an amount determined by the department in 1342 accordance with Section 63J-1-504, that is necessary to cover the department's 1343 cost to implement this part.
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1344 (4) The department shall designate, on an individual's medical cannabis pharmacy agent 1345 registration card, the name of the medical cannabis pharmacy where the individual is 1346 registered as an agent. 1347 (5) A medical cannabis pharmacy agent shall comply with a certification standard 1348 developed by the department, or a third party certification standard that the 1349 department designates by rule in accordance with Title 63G, Chapter 3, Utah 1350 Administrative Rulemaking Act. 1351 (6) The department shall ensure that the certification standard described in Subsection 1352 (5) includes training in: 1353 (a) Utah medical cannabis law; and 1354 (b) medical cannabis pharmacy best practices. 1355 (7) The department may revoke or refuse to issue the medical cannabis pharmacy agent 1356 registration card of an individual who: 1357 (a) violates the requirements of this chapter; or 1358 (b) is convicted of an offense that is a felony under state or federal law. 1359 1360 26-60B-402. Medical cannabis pharmacy agents -- Criminal background checks. 1361 (1) Each applicant shall submit, at the time of application, from each individual who has a 1362 financial or voting interest of two percent or greater in the applicant or who has the 1363 power to direct or cause the management or control of the applicant: 1364 (a) a fingerprint card in a form acceptable to the department; and 1365 (b) consent to a fingerprint background check by the Utah Bureau of Criminal 1366 Identification and the Federal Bureau of Investigation. 1367 (2) The department shall request that the Department of Public Safety complete a Federal 1368 Bureau of Investigation criminal background check for each individual described in 1369 Subsection (1). 1370 1371 26-60B-403. Medical cannabis pharmacy agent registration card -- Rebuttable 1372 presumption. 1373 (1) A medical cannabis pharmacy agent who is registered with the department under 1374 Section 26-60b-401 shall carry the individual's medical cannabis pharmacy agent 1375 registration card with the individual at all times when:
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1376 (a) the individual is on the premises of a medical cannabis pharmacy; and 1377 (b) the individual is transporting cannabis, a cannabis product, or a medical 1378 cannabis device between two cannabis production establishments or between 1379 a cannabis production establishment and a medical cannabis pharmacy. 1380 (2) If an individual handling cannabis, a cannabis product, or a medical cannabis device 1381 at a medical cannabis pharmacy, or transporting cannabis, a cannabis product, or a 1382 medical cannabis device, possesses the cannabis, cannabis product, or medical 1383 cannabis device in compliance with Subsection (1): 1384 (a) there is a rebuttable presumption that the individual possesses the cannabis, 1385 cannabis product, or medical cannabis device legally; and 1386 (b) a law enforcement officer does not have probable cause, based solely on the 1387 individual's possession of the cannabis, cannabis product, or medical cannabis 1388 device in compliance with Subsection (1), to believe that the individual is 1389 engaging in illegal activity. 1390 (3) An individual who violates Subsection (1) is: 1391 (a) guilty of an infraction; and 1392 (b) is subject to a $100 fine. 1393 1394 Part 5. Medical Cannabis Pharmacy Operation 1395 26-60B-501. Operating requirements -- General. 1396 (1) (a) A medical cannabis pharmacy shall operate: 1397 (i) at the physical address provided to the department under Section 1398 26-60b-301; and 1399 (ii) in accordance with the operating plan provided to the department under 1400 Section 26-60b-303. 1401 (b) A medical cannabis pharmacy shall notify the department before a change in 1402 the medical cannabis pharmacy's physical address or operating plan. 1403 (2) An individual may not access a medical cannabis pharmacy unless the individual: 1404 (a) is at least 18 years of age or older; and 1405 (b) except as provided in Subsection (5), possesses a valid medical cannabis 1406 pharmacy agent registration card or medical cannabis card. 1407 (3) A medical cannabis pharmacy may not employ any person who is younger than 21
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1408 years of age. 1409 (4) A medical cannabis pharmacy shall conduct a background check into the criminal 1410 history of every person who will become an agent of the medical cannabis pharmacy 1411 and may not employ any person who has been convicted of an offense that is a felony 1412 under either state or federal law. 1413 (5) A medical cannabis pharmacy may authorize an individual who is not a medical 1414 cannabis pharmacy agent to access the medical cannabis pharmacy if the medical 1415 cannabis pharmacy tracks and monitors the individual at all times while the individual 1416 is at the medical cannabis pharmacy and maintains a record of the individual's access. 1417 (6) A medical cannabis pharmacy shall operate in a facility that has: 1418 (a) a single, secure public entrance; 1419 (b) a security system with a backup power source that: 1420 (i) detects and records entry into the medical cannabis pharmacy; and 1421 (ii) provides notice of an unauthorized entry to law enforcement when the 1422 medical cannabis pharmacy is closed; and 1423 (c) a lock on any area where the medical cannabis pharmacy stores cannabis or a 1424 cannabis product. 1425 (7) A medical cannabis pharmacy shall post, clearly and conspicuously in the medical 1426 cannabis pharmacy, the limit on the purchase of cannabis described in Subsection 1427 26-60b-502(2). 1428 (8) A medical cannabis pharmacy may not allow any individual to consume cannabis on 1429 the property or premises of the medical cannabis pharmacy. 1430 (9) A medical cannabis pharmacy may not sell cannabis or a cannabis product without 1431 first indicating on the cannabis or cannabis product label the name of the medical 1432 cannabis pharmacy. 1433 1434 26-60B-502. Dispensing -- Amount a medical cannabis pharmacy may dispense 1435 -- Reporting -- Form of cannabis or cannabis product. 1436 (1) (a) A medical cannabis pharmacy may not sell a product other than, subject to this 1437 chapter: 1438 (i) cannabis; 1439 (ii) a cannabis product;
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1440 (iii) a medical cannabis device; or 1441 (iv) educational materials related to the medical use of cannabis. 1442 (b) A medical cannabis pharmacy shall include a warning label on each item 1443 described in Subsection (1)(a) that states: "WARNING: Cannabis has 1444 intoxicating effects and may be addictive. Do not operate a vehicle or 1445 machinery under its influence. KEEP OUT OF REACH OF CHILDREN. This 1446 product is for medical use only." 1447 (c) A medical cannabis pharmacy may only sell the items listed in Subsection 1448 (1)(a) to an individual with: 1449 (i) a medical cannabis card issued by the department; and 1450 (ii) corresponding valid photo identification that a governmental agency 1451 issues. 1452 (2) A medical cannabis pharmacy may not dispense on behalf of any one individual with a 1453 medical cannabis card, in any one 14-day period, more than: 1454 (a) an amount recommended by the individual's qualified medical provider; or 1455 (b) (i) one ounce by weight of unprocessed cannabis that: 1456 (A) is in a medicinal dosage form, as that term is defined in Section 1457 58-37-3.6; and 1458 (B) carries a label that clearly displays the amount of 1459 tetrahydrocannabinol and cannabidiol in the cannabis; or 1460 (ii) an amount of cannabis products that contains, in total, greater than 10 1461 grams of tetrahydrocannabinol or cannabidiol. 1462 (3) An individual with a medical cannabis card may not purchase more cannabis or 1463 cannabis products than the amounts designated in Subsection (2) in any one 14-day 1464 period. 1465 (4) A medical cannabis pharmacy shall: 1466 (a) access the electronic verification system before dispensing cannabis or a 1467 cannabis product to an individual with a medical cannabis card in order to 1468 determine if the individual has met the maximum amount of cannabis or 1469 cannabis products described in Subsection (2); and 1470 (b) submit a record to the electronic verification system each time the medical 1471 cannabis pharmacy dispenses cannabis or a cannabis product to an individual
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1472 with a medical cannabis card. 1473 (5) (a) Except as provided in Subsection (5)(b), a medical cannabis pharmacy may not 1474 sell medical cannabis in the form of a cigarette or a medical cannabis device 1475 that is intentionally designed or constructed to resemble a cigarette. 1476 (b) A medical cannabis pharmacy may sell a medical cannabis device that warms 1477 cannabis material into a vapor without the use of a flame and that delivers 1478 cannabis to an individual's respiratory system. 1479 (6) A medical cannabis pharmacy may not give, at no cost, a product that the medical 1480 cannabis pharmacy is allowed to sell under Subsection (1). 1481 1482 26-60B-503. Inspections. 1483 The department may inspect the records and facility of a medical cannabis pharmacy at any 1484 time in order to determine if the medical cannabis pharmacy complies with the licensing 1485 requirements of this part. 1486 1487 26-60B-504. Advertising. 1488 (1) Except as provided in Subsections (2) and (3), a medical cannabis pharmacy may not 1489 advertise in any medium. 1490 (2) A medical cannabis pharmacy may use signage on the outside of the medical 1491 cannabis pharmacy that includes only: 1492 (a) the medical cannabis pharmacy's name and hours of operation; and 1493 (b) a green cross. 1494 (3) A medical cannabis pharmacy may maintain a website that includes information 1495 about: 1496 (a) the location and hours of operation of the medical cannabis pharmacy; 1497 (b) the products and services available at the medical cannabis pharmacy; 1498 (c) personnel affiliated with the medical cannabis pharmacy; 1499 (d) best practices that the medical cannabis pharmacy upholds; and 1500 (e) educational materials related to the medical use of cannabis. 1501 1502 26-60B-505. Cannabis, cannabis product, or medical cannabis device 1503 transportation.
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1504 (1) Except for an individual with a valid medical cannabis card, an individual may not 1505 transport cannabis, a cannabis product, or a medical cannabis device unless the 1506 individual is: 1507 (a) a registered cannabis production establishment agent; or 1508 (b) a registered medical cannabis pharmacy agent. 1509 (2) Except for an individual with a valid medical cannabis card, an individual transporting 1510 cannabis, a cannabis product, or a medical cannabis device shall possess a 1511 transportation manifest that: 1512 (a) includes a unique identifier that links the cannabis, cannabis product, or 1513 medical cannabis device to a relevant inventory control system; 1514 (b) includes origin and destination information for any cannabis, cannabis product, 1515 or medical cannabis device the individual is transporting; and 1516 (c) indicates the departure and arrival times and locations of the individual 1517 transporting the cannabis, cannabis product, or medical cannabis device. 1518 (3) In addition to the requirements in Subsections (1) and (2), the department may 1519 establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative 1520 Rulemaking Act, requirements for transporting cannabis, a cannabis product, and a 1521 medical cannabis device that are related to safety for human consumption of cannabis 1522 or a cannabis product. 1523 (4) An individual who transports cannabis, a cannabis product, or a medical cannabis 1524 device with a manifest that does not meet the requirements of Subsection (2) is: 1525 (a) guilty of an infraction; and 1526 (b) subject to a $100 fine. 1527 1528 26-60B-506. Local control. 1529 (1) A municipality or county may not: 1530 (a) enact a zoning ordinance that prohibits a medical cannabis pharmacy from 1531 operating in a location within the municipality's or county's jurisdiction in which 1532 at least one of the following is allowed to operate: 1533 (i) a business that sells alcohol; or 1534 (ii) a retail tobacco specialty business, as that term is defined in Section 1535 10-8-41.6 or 17-50-333; or
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1536 (b) deny or revoke a permit or license to operate a medical cannabis pharmacy on 1537 the sole basis that the applicant or medical cannabis pharmacy violates a law of 1538 the United States regarding the legal status of cannabis. 1539 (2) A municipality or county may enact ordinances not in conflict with this chapter 1540 governing the time, place, and manner of medical cannabis pharmacy operations in 1541 the municipality or county. 1542 1543 Part 6. Enforcement 1544 26-60B-601. Enforcement -- Misdemeanor. 1545 (1) Except as provided in Section 26-60B-501, it is unlawful to sell or otherwise give 1546 cannabis, a cannabis product, a medical cannabis device, or educational materials 1547 related to the medical use of cannabis to another person. 1548 (2) (a) Except as provided in Subsection (2)(b), a person who violates Subsection (1) 1549 is guilty of a class B misdemeanor. 1550 (b) An individual is not guilty under Subsection (2)(a) if the individual: 1551 (i) is a designated caregiver; and 1552 (ii) gives the product described in Subsection (1) to the medical cannabis 1553 cardholder who designated the individual as a designated caregiver. 1554 (3) (a) Except as provided in Subsection (3)(b), a person who violates Subsection (1) 1555 is guilty of a class A misdemeanor if the recipient is a minor. 1556 (b) An individual is not guilty under Subsection (3)(a) if the individual: 1557 (i) is the parent or legal guardian of the minor recipient; and 1558 (ii) the minor is a medical cannabis cardholder. 1559 1560 26-60B-602. Enforcement -- Fine -- Citation. 1561 (1) The department may, for a violation of this chapter by a person who is a medical 1562 cannabis pharmacy or medical cannabis pharmacy agent: 1563 (a) revoke the person's license or medical cannabis pharmacy agent registration 1564 card; 1565 (b) refuse to renew the person's license or medical cannabis pharmacy agent 1566 registration card; or 1567 (c) assess the person an administrative penalty.
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1568 (2) The department shall deposit an administrative penalty imposed under this section in 1569 the General Fund. 1570 (3) The department may, for a person subject to an uncontested citation, a stipulated 1571 settlement, or a finding of a violation in an adjudicative proceeding under this section: 1572 (a) assess the person a fine, established in accordance with Section 63J-1-504, of 1573 up to $5,000 per violation, in accordance with a fine schedule established by 1574 rule made in accordance with Title 63G, Chapter 3, Utah Administrative 1575 Rulemaking Act; or 1576 (b) order the person to cease and desist from the action that creates a violation. 1577 (4) The department may not revoke a medical cannabis pharmacy's license without first 1578 directing the medical cannabis pharmacy to appear before an adjudicative proceeding 1579 conducted under Title 63G, Chapter 4, Administrative Procedures Act. 1580 (5) If, within 20 calendar days after the day on which the department issues a citation for 1581 a violation of this chapter, the person that is the subject of the citation fails to request 1582 a hearing to contest the citation, the citation becomes the department's final order. 1583 (6) The department may, for a person who fails to comply with a citation under this 1584 section: 1585 (a) refuse to issue or renew the person's license or medical cannabis pharmacy 1586 agent registration card; or 1587 (b) suspend, revoke, or place on probation the person's license or medical 1588 cannabis pharmacy agent registration card. 1589 (7) If the department makes a final determination under this section that an individual 1590 violated a provision of this chapter, the individual is guilty of an infraction. 1591 1592 26-60B-603. Report. 1593 (1) The department shall report annually to the Health and Human Services Interim 1594 Committee on: 1595 (a) the number of applications and renewal applications filed for medical cannabis 1596 cards; 1597 (b) the number of qualifying patients and designated caregivers; 1598 (c) the nature of the debilitating medical conditions of the qualifying patients; 1599 (d) the age and county of residence of cardholders;
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1600 (e) the number of medical cannabis cards revoked; 1601 (f) the number of practitioners providing recommendations for qualifying patients; 1602 (g) the number of license applications and renewal license applications received; 1603 (h) the number of licenses the department has issued in each county; 1604 (i) the number of licenses the department has revoked; and 1605 (j) the expenses incurred and revenues generated from the medical cannabis 1606 program. 1607 (2) The department may not include personally identifying information in the report 1608 described in this section. 1609 1610 30-3-10. Custody of children in case of separation or divorce -- Custody 1611 consideration. 1612 (1) If a married couple having one or more minor children are separated, or their marriage 1613 is declared void or dissolved, the court shall make an order for the future care and 1614 custody of the minor children as it considers appropriate. 1615 (a) In determining any form of custody, including a change in custody, the court 1616 shall consider the best interests of the child without preference for either parent 1617 solely because of the biological sex of the parent and, among other factors the 1618 court finds relevant, the following: 1619 (i) in accordance with Subsection (7), the past conduct and demonstrated 1620 moral standards of each of the parties; 1621 (ii) which parent is most likely to act in the best interest of the child, 1622 including allowing the child frequent and continuing contact with the 1623 noncustodial parent; 1624 (iii) the extent of bonding between the parent and child, meaning the depth, 1625 quality, and nature of the relationship between a parent and child; 1626 (iv) whether the parent has intentionally exposed the child to pornography or 1627 material harmful to a minor, as defined in Section 76-10-1201; and 1628 (v) those factors outlined in Section 30-3-10.2. 1629 (b) There is a rebuttable presumption that joint legal custody, as defined in Section 1630 30-3-10.1, is in the best interest of the child, except in cases where there is: 1631 (i) domestic violence in the home or in the presence of the child;
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1632 (ii) special physical or mental needs of a parent or child, making joint legal 1633 custody unreasonable; 1634 (iii) physical distance between the residences of the parents, making joint 1635 decision making impractical in certain circumstances; or 1636 (iv) any other factor the court considers relevant including those listed in this 1637 section and Section 30-3-10.2. 1638 (c) (i) The person who desires joint legal custody shall file a proposed 1639 parenting plan in accordance with Sections 30-3-10.8 and 30-3-10.9. 1640 (ii) A presumption for joint legal custody may be rebutted by a showing by a 1641 preponderance of the evidence that it is not in the best interest of the 1642 child. 1643 (d) A child may not be required by either party to testify unless the trier of fact 1644 determines that extenuating circumstances exist that would necessitate the 1645 testimony of the child be heard and there is no other reasonable method to 1646 present the child's testimony. 1647 (e) (i) The court may inquire of a child and take into consideration the child's 1648 desires regarding future custody or parent-time schedules, but the 1649 expressed desires are not controlling and the court may determine the 1650 child's custody or parent-time otherwise. 1651 (ii) The desires of a child 14 years of age or older shall be given added 1652 weight, but is not the single controlling factor. 1653 (f) (i) If an interview with a child is conducted by the court pursuant to 1654 Subsection (1)(e), the interview shall be conducted by the judge in 1655 camera. 1656 (ii) The prior consent of the parties may be obtained but is not necessary if 1657 the court finds that an interview with a child is the only method to 1658 ascertain the child's desires regarding custody. 1659 (2) In awarding custody, the court shall consider, among other factors the court finds 1660 relevant, which parent is most likely to act in the best interests of the child, including 1661 allowing the child frequent and continuing contact with the noncustodial parent as the 1662 court finds appropriate. 1663 (3) If the court finds that one parent does not desire custody of the child, the court shall
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1664 take that evidence into consideration in determining whether to award custody to the 1665 other parent. 1666 (4) (a) Except as provided in Subsection (4)(b), a court may not discriminate against a 1667 parent due to a disability, as defined in Section 57-21-2, in awarding custody or 1668 determining whether a substantial change has occurred for the purpose of 1669 modifying an award of custody. 1670 (b) The court may not consider the disability of a parent as a factor in awarding 1671 custody or modifying an award of custody based on a determination of a 1672 substantial change in circumstances, unless the court makes specific findings 1673 that: 1674 (i) the disability significantly or substantially inhibits the parent's ability to 1675 provide for the physical and emotional needs of the child at issue; and 1676 (ii) the parent with a disability lacks sufficient human, monetary, or other 1677 resources available to supplement the parent's ability to provide for the 1678 physical and emotional needs of the child at issue. 1679 (c) Nothing in this section may be construed to apply to adoption proceedings 1680 under Title 78B, Chapter 6, Part 1, Utah Adoption Act. 1681 (5) This section establishes neither a preference nor a presumption for or against joint 1682 physical custody or sole physical custody, but allows the court and the family the 1683 widest discretion to choose a parenting plan that is in the best interest of the child. 1684 (6) When an issue before the court involves custodial responsibility in the event of a 1685 deployment of one or both parents who are servicemembers, and the servicemember 1686 has not yet been notified of deployment, the court shall resolve the issue based on the 1687 standards in Sections 78B-20-306 through 78B-20-309. 1688 (7) In considering the past conduct and demonstrated moral standards of each of the 1689 parties under Subsection (1)(a)(i) or any other factor a court finds relevant, the court 1690 may not discriminate against a parent because of or otherwise consider the parent's: 1691 (a) lawful possession or use of cannabis, a cannabis product, or a medical 1692 cannabis device, in accordance with Title 26, Chapter 60b, Medical Cannabis 1693 Act; or 1694 (b) the parent's status as a: 1695 (i) cannabis production establishment agent, as that term is defined in
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1696 Section 4-41b-102; 1697 (ii) medical cannabis pharmacy agent, as that term is defined in Section 1698 26-60b-102; or 1699 (iii) a holder of a medical cannabis card in accordance with Title 26, Chapter 1700 60b, Medical Cannabis Act. 1701 1702 34A-5-106. Discriminatory or prohibited employment practices -- Permitted 1703 practices. 1704 (1) It is a discriminatory or prohibited employment practice to take an action described in 1705 Subsections (1)(a) through (g). 1706 (a) (i) An employer may not refuse to hire, promote, discharge, demote, or 1707 terminate a person, or to retaliate against, harass, or discriminate in 1708 matters of compensation or in terms, privileges, and conditions of 1709 employment against a person otherwise qualified, because of: 1710 (A) race; 1711 (B) color; 1712 (C) sex; 1713 (D) pregnancy, childbirth, or pregnancy-related conditions; 1714 (E) age, if the individual is 40 years of age or older; 1715 (F) religion; 1716 (G) national origin; 1717 (H) disability; 1718 (I) sexual orientation; [or] 1719 (J) gender identity[.] ; or 1720 (K) lawful possession or consumption of cannabis or a cannabis 1721 product in accordance with Title 26, Chapter 60B, Medical 1722 Cannabis Act. 1723 (ii) A person may not be considered "otherwise qualified," unless that 1724 person possesses the following required by an employer for any 1725 particular job, job classification, or position: 1726 (A) education; 1727 (B) training;
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1728 (C) ability, with or without reasonable accommodation; 1729 (D) moral character; 1730 (E) integrity; 1731 (F) disposition to work; 1732 (G) adherence to reasonable rules and regulations; and 1733 (H) other job related qualifications required by an employer. 1734 (iii) (A) As used in this chapter, "to discriminate in matters of 1735 compensation" means the payment of differing wages or salaries 1736 to employees having substantially equal experience, 1737 responsibilities, and skill for the particular job. 1738 (B) Notwithstanding Subsection (1)(a)(iii)(A)[: (I)] , nothing in this 1739 chapter prevents an increase in pay as a result of longevity with 1740 the employer, if the salary increase is uniformly applied and 1741 available to all employees on a substantially proportional basis[; 1742 and] . 1743 [(II)] (C) Notwithstanding Subsection (1)(a)(iii)(A), nothing in this 1744 section prohibits an employer and employee from agreeing 1745 to a rate of pay or work schedule designed to protect the 1746 employee from loss of Social Security payment or benefits 1747 if the employee is eligible for those payments. 1748 (b) An employment agency may not: 1749 (i) refuse to list and properly classify for employment, or refuse to refer an 1750 individual for employment, in a known available job for which the 1751 individual is otherwise qualified, because of: 1752 (A) race; 1753 (B) color; 1754 (C) sex; 1755 (D) pregnancy, childbirth, or pregnancy-related conditions; 1756 (E) religion; 1757 (F) national origin; 1758 (G) age, if the individual is 40 years of age or older; 1759 (H) disability;
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1760 (I) sexual orientation; [or] 1761 (J) gender identity; or 1762 (K) lawful possession or consumption of cannabis or a cannabis 1763 product in accordance with Title 26, Chapter 60B, Medical 1764 Cannabis Act; or 1765 (ii) comply with a request from an employer for referral of an applicant for 1766 employment if the request indicates either directly or indirectly that the 1767 employer discriminates in employment on account of: 1768 (A) race; 1769 (B) color; 1770 (C) sex; 1771 (D) pregnancy, childbirth, or pregnancy-related conditions; 1772 (E) religion; 1773 (F) national origin; 1774 (G) age, if the individual is 40 years of age or older; 1775 (H) disability; 1776 (I) sexual orientation; [or] 1777 (J) gender identity[.] ; or 1778 (K) lawful possession or consumption of cannabis or a cannabis 1779 product in accordance with Title 26, Chapter 60B, Medical 1780 Cannabis Act. 1781 (c) (i) A labor organization may not for a reason listed in Subsection (1)(c)(ii): 1782 (A) exclude an individual otherwise qualified from full membership 1783 rights in the labor organization; 1784 (B) expel the individual from membership in the labor organization; or 1785 (C) otherwise discriminate against or harass a member of the labor 1786 organization in full employment of work opportunity, or 1787 representation. 1788 (ii) A labor organization may not take an action listed in this Subsection 1789 (1)(c) because of: 1790 (A) race; 1791 (B) sex;
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1792 (C) pregnancy, childbirth, or pregnancy-related conditions; 1793 (D) religion; 1794 (E) national origin; 1795 (F) age, if the individual is 40 years of age or older; 1796 (G) disability; 1797 (H) sexual orientation; [or] 1798 (I) gender identity[.] ; or 1799 (J) lawful possession or consumption of cannabis or a cannabis 1800 product in accordance with Title 26, Chapter 60B, Medical 1801 Cannabis Act. 1802 (d) (i) Unless based upon a bona fide occupational qualification, or required by 1803 and given to an agency of government for a security reason, an 1804 employer, employment agency, or labor organization may not do the 1805 following if the statement, advertisement, publication, form, or inquiry 1806 violates Subsection (1)(d)(ii): 1807 (A) print, circulate, or cause to be printed or circulated a statement, 1808 advertisement, or publication; 1809 (B) use a form of application for employment or membership; or 1810 (C) make any inquiry in connection with prospective employment or 1811 membership. 1812 (ii) This Subsection (1)(d) applies to a statement, advertisement, 1813 publication, form, or inquiry that directly expresses a limitation, 1814 specification, or discrimination as to: 1815 (A) race; 1816 (B) color; 1817 (C) religion; 1818 (D) sex; 1819 (E) pregnancy, childbirth, or pregnancy-related conditions; 1820 (F) national origin; 1821 (G) age, if the individual is 40 years of age or older; 1822 (H) disability; 1823 (I) sexual orientation; [or]
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1824 (J) gender identity[.] ; or 1825 (K) lawful possession or consumption of cannabis or a cannabis 1826 product in accordance with Title 26, Chapter 60B, Medical 1827 Cannabis Act. 1828 (e) A person, whether or not an employer, an employment agency, a labor 1829 organization, or an employee or member of an employer, employment agency, 1830 or labor organization, may not: 1831 (i) aid, incite, compel, or coerce the doing of an act defined in this section 1832 to be a discriminatory or prohibited employment practice; 1833 (ii) obstruct or prevent a person from complying with this chapter, or any 1834 order issued under this chapter; or 1835 (iii) attempt, either directly or indirectly, to commit an act prohibited in this 1836 section. 1837 (f) (i) An employer, labor organization, joint apprenticeship committee, or 1838 vocational school providing, coordinating, or controlling an 1839 apprenticeship program or providing, coordinating, or controlling an 1840 on-the-job-training program, instruction, training, or retraining program 1841 may not: 1842 (A) deny to, or withhold from, any qualified person the right to be 1843 admitted to or participate in an apprenticeship training program, 1844 on-the-job-training program, or other occupational instruction, 1845 training, or retraining program because of[: (I)] race[; (II)] , color[; 1846 (III)] , sex[; (IV)] , pregnancy, childbirth, [or] pregnancy-related 1847 conditions[; (V)] , religion[; (VI)] , national origin[; (VII)] , age, if 1848 the individual is 40 years of age or older[; (VIII)] , disability[; (IX)] 1849 , sexual orientation [; or (X)] , gender identity[;] , or lawful 1850 possession or consumption of cannabis or a cannabis product in 1851 accordance with Title 26, Chapter 60B, Medical Cannabis Act; 1852 (B) discriminate against or harass a qualified person in that person's 1853 pursuit of a program described in Subsection (1)(f)(i)(A) because 1854 of[: (I)] race[; (II)] , color[; (III)] , sex[; (IV)] , pregnancy, 1855 childbirth, [or] pregnancy-related conditions[; (V)] , religion[; (VI)]
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1856 , national origin[; (VII)] , age, if the individual is 40 years of age 1857 or older[; (VIII)] , disability[; (IX)] , sexual orientation; [; or (X)] 1858 gender identity[;] , or lawful possession or consumption of 1859 cannabis or a cannabis product in accordance with Title 26, 1860 Chapter 60B, Medical Cannabis Act; 1861 (C) discriminate against a qualified person in the terms, conditions, or 1862 privileges of a program described in Subsection (1)(f)(i)(A), 1863 because of[: (I)] race[; (II)] , color[; (III)] , sex[; (IV)] , 1864 pregnancy, childbirth, [or] pregnancy-related conditions[; (V)] , 1865 religion[; (VI)] , national [origin; (VII)] , age, if the individual is 40 1866 years of age or older[; (VIII)] , disability[; (IX)] , sexual 1867 orientation[; or (X)] gender identity[;] , or lawful possession or 1868 consumption of cannabis or a cannabis product in accordance 1869 with Title 26, Chapter 60B, Medical Cannabis Act; or 1870 (D) except as provided in Subsection (1)(f)(ii), print, publish, or cause 1871 to be printed or published, a notice or advertisement relating to 1872 employment by the employer, or membership in or a classification 1873 or referral for employment by a labor organization, or relating to a 1874 classification or referral for employment by an employment 1875 agency, indicating a preference, limitation, specification, or 1876 discrimination based on[: (I)] race[; (II)] , color[; (III)] , sex[; (IV)] 1877 , pregnancy, childbirth, or pregnancy-related conditions[; (V)] , 1878 religion[; (VI)] , national origin[; (VII)] , age, if the individual is 40 1879 years of age or older[; (VIII)] , disability[; (IX)] , sexual 1880 orientation[; or (X)] gender identity[.] ; or lawful possession or 1881 consumption of cannabis or a cannabis product in accordance 1882 with Title 26, Chapter 60B, Medical Cannabis Act. 1883 (ii) Notwithstanding Subsection (1)(f)(i)(D), if the following is a bona fide 1884 occupational qualification for employment, a notice or advertisement 1885 described in Subsection (1)(f)(i)(D) may indicate a preference, limitation, 1886 specification, or discrimination based on: 1887 (A) race;
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1888 (B) color; 1889 (C) religion; 1890 (D) sex; 1891 (E) pregnancy, childbirth, or pregnancy-related conditions; 1892 (F) age; 1893 (G) national origin; 1894 (H) disability; 1895 (I) sexual orientation; [or] 1896 (J) gender identity[.] ; or 1897 (K) lawful possession or consumption of cannabis or a cannabis 1898 product in accordance with Title 26, Chapter 60B, Medical 1899 Cannabis Act. 1900 (g) Subject to Subsection (7), an employer may not: 1901 (i) refuse to provide reasonable accommodations for an employee related 1902 to pregnancy, childbirth, breastfeeding, or related conditions: 1903 (A) if the employee requests a reasonable accommodation; and 1904 (B) unless the employer demonstrates that the accommodation would 1905 create an undue hardship on the operations of the employer; 1906 (ii) require an employee to terminate employment if another reasonable 1907 accommodation can be provided for the employee's pregnancy, 1908 childbirth, breastfeeding, or related conditions unless the employer 1909 demonstrates that the accommodation would create an undue hardship 1910 on the operations of the employer; or 1911 (iii) deny employment opportunities to an employee, if the denial is based on 1912 the need of the employer to make reasonable accommodations related 1913 to the pregnancy, childbirth, breastfeeding, or related conditions of an 1914 employee unless the employer demonstrates that the accommodation 1915 would create an undue hardship on the operations of the employer. 1916 (2) Subsections (1)(a) through (1)(g) may not be construed to prevent: 1917 (a) the termination of employment of an individual who, with or without reasonable 1918 accommodation, is physically, mentally, or emotionally unable to perform the 1919 duties required by that individual's employment;
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1920 (b) the variance of insurance premiums or coverage on account of age; or 1921 (c) a restriction on the activities of a person licensed in accordance with Title 32B, 1922 Alcoholic Beverage Control Act, with respect to an individual who is under 21 1923 years of age. 1924 (3) (a) It is not a discriminatory or prohibited employment practice: 1925 (i) for an employer to hire and employ an employee, for an employment 1926 agency to classify or refer for employment an individual, for a labor 1927 organization to classify its membership or to classify or refer for 1928 employment an individual, or for an employer, labor organization, or joint 1929 labor-management committee controlling an apprenticeship or other 1930 training or retraining program to admit or employ an individual in the 1931 program on the basis of religion, sex, pregnancy, childbirth, or 1932 pregnancy-related conditions, age, national origin, disability, sexual 1933 orientation, [or] gender identity, or lawful possession or consumption of 1934 cannabis or a cannabis in accordance with Title 26, Chapter 60B, 1935 Medical Cannabis Act, in those certain instances when religion, sex, 1936 pregnancy, childbirth, or pregnancy-related conditions, age, if the 1937 individual is 40 years of age or older, national origin, disability, sexual 1938 orientation, [or] gender identity , or lawful possession or consumption of 1939 cannabis a cannabis product in accordance with Title 26, Chapter 60B, 1940 Medical Cannabis Act, is a bona fide occupational qualification 1941 reasonably necessary to the normal operation of that particular business 1942 or enterprise; 1943 (ii) for a school, college, university, or other educational institution to hire 1944 and employ an employee of a particular religion if: 1945 (A) the school, college, university, or other educational institution is, in 1946 whole or in substantial part, owned, supported, controlled, or 1947 managed by a particular religious corporation, association, or 1948 society; or 1949 (B) the curriculum of the school, college, university, or other 1950 educational institution is directed toward the propagation of a 1951 particular religion;
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1952 (iii) for an employer to give preference in employment to: 1953 (A) the employer's[: (I)] spouse[; (II)] , child[;] , or [(III)] son-in-law or 1954 daughter-in-law; 1955 (B) a person for whom the employer is or would be liable to furnish 1956 financial support if the person were unemployed; 1957 (C) a person to whom the employer during the preceding six months 1958 furnishes more than one-half of total financial support regardless 1959 of whether or not the employer was or is legally obligated to 1960 furnish support; or 1961 (D) a person whose education or training is substantially financed by 1962 the employer for a period of two years or more. 1963 (b) Nothing in this chapter applies to a business or enterprise on or near an Indian 1964 reservation with respect to a publicly announced employment practice of the 1965 business or enterprise under which preferential treatment is given to an 1966 individual because that individual is a native American Indian living on or near 1967 an Indian reservation. 1968 (c) Nothing in this chapter may be interpreted to require an employer, employment 1969 agency, labor organization, vocational school, joint labor-management 1970 committee, or apprenticeship program subject to this chapter to grant 1971 preferential treatment to an individual or to a group because of the race, color, 1972 religion, sex, age, national origin, disability, sexual orientation, [or] gender 1973 identity , or lawful possession or consumption of cannabis a cannabis product 1974 in accordance with Title 26, Chapter 60B, Medical Cannabis Act, of the 1975 individual or group on account of an imbalance that may exist with respect to 1976 the total number or percentage of persons of a race, color, religion, sex, age, 1977 national origin, disability, sexual orientation, [or] gender identity , or lawful 1978 possession or consumption of cannabis a cannabis product in accordance with 1979 Title 26, Chapter 60B, Medical Cannabis Act, employed by an employer, 1980 referred or classified for employment by an employment agency or labor 1981 organization, admitted to membership or classified by a labor organization, or 1982 admitted to or employed in, any apprenticeship or other training program, in 1983 comparison with the total number or percentage of persons of that race, color,
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 1984 religion, sex, age, national origin, disability, sexual orientation, [or] gender 1985 identity , or lawful possession or consumption of cannabis a cannabis product 1986 in accordance with Title 26, Chapter 60B, Medical Cannabis Act, in any 1987 community or county or in the available work force in any community or county. 1988 (4) It is not a discriminatory or prohibited practice with respect to age to observe the terms 1989 of a bona fide seniority system or any bona fide employment benefit plan such as a 1990 retirement, pension, or insurance plan that is not a subterfuge to evade the purposes 1991 of this chapter, except that an employee benefit plan may not excuse the failure to hire 1992 an individual. 1993 (5) Notwithstanding Subsection (4), or another statute to the contrary, a person may not 1994 be subject to involuntary termination or retirement from employment on the basis of 1995 age alone, if the individual is 40 years of age or older, except: 1996 (a) under Subsection (6); and 1997 (b) when age is a bona fide occupational qualification. 1998 (6) Nothing in this section prohibits compulsory retirement of an employee who has 1999 attained at least 65 years of age, and who, for the two-year period immediately before 2000 retirement, is employed in a bona fide executive or a high policymaking position, if: 2001 (a) that employee is entitled to an immediate nonforfeitable annual retirement 2002 benefit from the employee's employer's pension, profit-sharing, savings, or 2003 deferred compensation plan, or any combination of those plans; and 2004 (b) the benefit described in Subsection (6)(a) equals, in the aggregate, at least 2005 $44,000. 2006 (7) (a) For purposes of Subsection (1)(g), an employer may require an employee to 2007 provide a certification from the employee's health care provider concerning the 2008 medical advisability of a reasonable accommodation. 2009 (b) A certification under Subsection (7)(a) shall include: 2010 (i) the date the reasonable accommodation becomes medically advisable; 2011 (ii) the probable duration of the reasonable accommodation; and 2012 (iii) an explanatory statement as to the medical advisability of the reasonable 2013 accommodation. 2014 (c) Notwithstanding Subsections (1)(g) and (7)(a), an employer may not require an 2015 employee to obtain a certification from the employee's health care provider for
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2016 more frequent restroom, food, or water breaks. 2017 (d) An employer is not required under Subsection (1)(g) or this Subsection (7) to 2018 permit an employee to have the employee's child at the workplace for purposes 2019 of accommodating pregnancy, childbirth, breastfeeding, or related conditions. 2020 (e) An employer shall include in an employee handbook, or post in a conspicuous 2021 place in the employer's place of business, written notice concerning an 2022 employee's rights to reasonable accommodations for pregnancy, childbirth, 2023 breastfeeding, or related conditions. 2024 2025 34A-5-107. Procedure for aggrieved person to file claim -- Investigations -- 2026 Adjudicative proceedings -- Settlement -- Reconsideration -- Determination. 2027 (1) (a) A person claiming to be aggrieved by a discriminatory or prohibited employment 2028 practice may, or that person's attorney or agent may, make, sign, and file with 2029 the division a request for agency action. 2030 (b) A request for agency action shall be verified under oath or affirmation. 2031 (c) A request for agency action made under this section shall be filed within 180 2032 days after the alleged discriminatory or prohibited employment practice occurs. 2033 (d) The division may transfer a request for agency action filed with the division 2034 pursuant to this section to the federal Equal Employment Opportunity 2035 Commission in accordance with a work-share agreement that is: 2036 (i) between the division and the Equal Employment Opportunity 2037 Commission; and 2038 (ii) in effect on the day on which the request for agency action is transferred. 2039 (2) An employer, labor organization, joint apprenticeship committee, or vocational school 2040 who has an employee or member who refuses or threatens to refuse to comply with 2041 this chapter may file with the division a request for agency action asking the division 2042 for assistance to obtain the employee's or member's compliance by conciliation or 2043 other remedial action. 2044 (3) (a) Before an investigation begins into allegations of discriminatory or prohibited 2045 employment practice, the division shall promptly assign a mediator to offer 2046 mediation services between the parties by conference. 2047 (b) (i) If mediation services are refused or no settlement is reached, the
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2048 division shall promptly assign an investigator. 2049 (ii) The investigator shall make a prompt impartial investigation of all 2050 allegations made in the request for agency action. 2051 (c) The division and the division's staff, agents, and employees shall conduct every 2052 investigation in fairness to all parties and agencies involved. 2053 (d) An aggrieved party may withdraw the request for agency action prior to the 2054 issuance of a final order. 2055 (4) (a) If the initial attempts at settlement are unsuccessful, and the investigator 2056 uncovers insufficient evidence during the investigation to support the 2057 allegations of a discriminatory or prohibited employment practice set out in the 2058 request for agency action, the investigator shall formally report these findings to 2059 the director or the director's designee. 2060 (b) (i) Upon receipt of the investigator's report described in Subsection (4)(a), 2061 the director or the director's designee may issue a determination and 2062 order for dismissal of the adjudicative proceeding. 2063 (ii) A determination and order issued under this Subsection (4)(b) shall 2064 include a notice: 2065 (A) of the right to request an evidentiary hearing under Subsection 2066 (4)(c); and 2067 (B) that failure to request an evidentiary hearing under Subsection 2068 (4)(c) will result in the determination and order becoming final, in 2069 accordance with Subsection (4)(d). 2070 (c) A party may make a written request to the Division of Adjudication for an 2071 evidentiary hearing to review de novo the director's or the director's designee's 2072 determination and order within 30 days from the day on which the 2073 determination and order for dismissal is issued. 2074 (d) If the director or the director's designee receives no timely request for a 2075 hearing, the determination and order issued by the director or the director's 2076 designee becomes the final order of the commission. 2077 (5) (a) If the initial attempts at settlement are unsuccessful and the investigator 2078 uncovers sufficient evidence during the investigation to support the allegations 2079 of a discriminatory or prohibited employment practice set out in the request for
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2080 agency action, the investigator shall formally report these findings to the 2081 director or the director's designee. 2082 (b) (i) Upon receipt of the investigator's report described in Subsection (5)(a), 2083 the director or the director's designee may issue a determination and 2084 order based on the investigator's report. 2085 (ii) A determination and order issued under this Subsection (5)(b) shall: 2086 (A) direct the respondent to cease any discriminatory or prohibited 2087 employment practice; 2088 (B) provide relief to the aggrieved party as the director or the 2089 director's designee determines is appropriate; 2090 (C) include a notice of the right to request an evidentiary hearing 2091 under Subsection (5)(c); and 2092 (D) include a notice that failure to request an evidentiary hearing 2093 under Subsection (5)(c) will result in the determination and order 2094 becoming final, in accordance with Subsection (5)(d). 2095 (c) A party may file a written request to the Division of Adjudication for an 2096 evidentiary hearing to review de novo the director's or the director's designee's 2097 determination and order within 30 days after the day on which the 2098 determination and order is issued. 2099 (d) If the director or the director's designee receives no timely request for a 2100 hearing, the determination and order issued by the director or the director's 2101 designee in accordance with Subsection (5)(b) becomes the final order of the 2102 commission. 2103 (6) In an adjudicative proceeding to review the director's or the director's designee's 2104 determination that a prohibited employment practice has occurred, the division shall 2105 present the factual and legal basis of the determination and order issued under 2106 Subsection (5). 2107 (7) (a) If, upon reviewing all the evidence at a hearing, the presiding officer finds that a 2108 respondent has not engaged in a discriminatory or prohibited employment 2109 practice, the presiding officer shall issue an order dismissing the request for 2110 agency action containing the allegation of a discriminatory or prohibited 2111 employment practice.
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2112 (b) The presiding officer may order that the respondent be reimbursed by the 2113 complaining party for the respondent's attorney fees and costs. 2114 (8) If, upon reviewing all the evidence at the hearing, the presiding officer finds that a 2115 respondent has engaged in a discriminatory or prohibited employment practice, the 2116 presiding officer shall issue an order requiring the respondent to: 2117 (a) cease any discriminatory or prohibited employment practice; 2118 (b) provide relief to the complaining party, including: 2119 (i) reinstatement; 2120 (ii) back pay and benefits; 2121 (iii) attorney fees; and 2122 (iv) costs. 2123 (9) If a discriminatory practice described in Subsection (8) includes discrimination in 2124 matters of compensation, the presiding officer may provide, to the complaining party, 2125 in addition to the amount available to the complaining party under Subsection (8)(b), 2126 an additional amount equal to the amount of back pay available to the complaining 2127 party under Subsection (8)(b)(ii) unless a respondent shows that: 2128 (a) the act or omission that gave rise to the order was in good faith; and 2129 (b) the respondent had reasonable grounds to believe that the act or omission was 2130 not discrimination in matters of compensation under this chapter. 2131 (10) Conciliation between the parties is to be urged and facilitated at all stages of the 2132 adjudicative process. 2133 (11) (a) Either party may file with the Division of Adjudication a written request for 2134 review before the commissioner or Appeals Board of the order issued by the 2135 presiding officer in accordance with: 2136 (i) Section 63G-4-301; and 2137 (ii) Chapter 1, Part 3, Adjudicative Proceedings. 2138 (b) If there is no timely request for review, the order issued by the presiding officer 2139 becomes the final order of the commission. 2140 (12) An order of the commission under Subsection (11)(a) is subject to judicial review as 2141 provided in: 2142 (a) Section 63G-4-403; and 2143 (b) Chapter 1, Part 3, Adjudicative Proceedings.
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2144 (13) The commission may make rules concerning procedures under this chapter in 2145 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. 2146 (14) The commission and its staff may not divulge or make public information gained from 2147 an investigation, settlement negotiation, or proceeding before the commission except 2148 as provided in Subsections (14)(a) through (d). 2149 (a) Information used by the director or the director's designee in making a 2150 determination may be provided to all interested parties for the purpose of 2151 preparation for and participation in proceedings before the commission. 2152 (b) General statistical information may be disclosed provided the identities of the 2153 individuals or parties are not disclosed. 2154 (c) Information may be disclosed for inspection by the attorney general or other 2155 legal representatives of the state or the commission. 2156 (d) Information may be disclosed for information and reporting requirements of the 2157 federal government. 2158 (15) The procedures contained in this section are the exclusive remedy under state law for 2159 employment discrimination based upon: 2160 (a) race; 2161 (b) color; 2162 (c) sex; 2163 (d) retaliation; 2164 (e) pregnancy, childbirth, or pregnancy-related conditions; 2165 (f) age; 2166 (g) religion; 2167 (h) national origin; 2168 (i) disability; 2169 (j) sexual orientation; [or] 2170 (k) gender identity[.] ; or 2171 (l) lawful possession or consumption of cannabis or a cannabis product in 2172 accordance with Title 26, Chapter 60B, Medical Cannabis Act, 2173 (16) (a) The commencement of an action under federal law for relief based upon an act 2174 prohibited by this chapter bars the commencement or continuation of an 2175 adjudicative proceeding before the commission in connection with the same
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2176 claim under this chapter. 2177 (b) The transfer of a request for agency action to the Equal Employment 2178 Opportunity Commission in accordance with Subsection (1)(d) is considered the 2179 commencement of an action under federal law for purposes of Subsection 2180 (16)(a). 2181 (c) Nothing in this Subsection (16) is intended to alter, amend, modify, or impair 2182 the exclusive remedy provision set forth in Subsection (15). 2183 2184 41-6a-517 (Superseded 07/01/19). Definitions -- Driving with any measurable 2185 controlled substance in the body -- Penalties -- Arrest without warrant. 2186 (1) As used in this section: 2187 (a) "Controlled substance" means the same as that term is defined in Section 2188 58-37-2. 2189 (b) "Practitioner" means the same as that term is defined in Section 58-37-2. 2190 (c) "Prescribe" means the same as that term is defined in Section 58-37-2. 2191 (d) "Prescription" means the same as that term is defined in Section 58-37-2. 2192 (2) In cases not amounting to a violation of Section 41-6a-502, a person may not operate 2193 or be in actual physical control of a motor vehicle within this state if the person has 2194 any measurable controlled substance or metabolite of a controlled substance in the 2195 person's body. 2196 (3) It is an affirmative defense to prosecution under this section that the controlled 2197 substance was: 2198 (a) involuntarily ingested by the accused; 2199 (b) prescribed by a practitioner for use by the accused; [or] 2200 (c) medical cannabis or a cannabis product that the accused ingested in 2201 accordance with Title 26, Chapter 60b, Medical Cannabis Act; or 2202 [(c)] (d) otherwise legally ingested. 2203 (4) (a) A person convicted of a violation of Subsection (2) is guilty of a class B 2204 misdemeanor. 2205 (b) A person who violates this section is subject to conviction and sentencing under 2206 both this section and any applicable offense under Section 58-37-8. 2207 (5) A peace officer may, without a warrant, arrest a person for a violation of this
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2208 section when the officer has probable cause to believe the violation has 2209 occurred, although not in the officer's presence, and if the officer has probable 2210 cause to believe that the violation was committed by the person. 2211 (6) The Driver License Division shall, if the person is 21 years of age or older on 2212 the date of arrest: 2213 (a) suspend, for a period of 120 days, the driver license of a person convicted 2214 under Subsection (2) of an offense committed on or after July 1, 2009; or 2215 (b) revoke, for a period of two years, the driver license of a person if: 2216 (i) the person has a prior conviction as defined under Subsection 2217 41-6a-501(2); and 2218 (ii) the current violation under Subsection (2) is committed on or after July 1, 2219 2009, and within a period of 10 years after the date of the prior violation. 2220 (7) The Driver License Division shall, if the person is 19 years of age or older but under 2221 21 years of age on the date of arrest: 2222 (a) suspend, until the person is 21 years of age or for a period of one year, 2223 whichever is longer, the driver license of a person convicted under Subsection 2224 (2) of an offense committed on or after July 1, 2011; or 2225 (b) revoke, until the person is 21 years of age or for a period of two years, 2226 whichever is longer, the driver license of a person if: 2227 (i) the person has a prior conviction as defined under Subsection 2228 41-6a-501(2); and 2229 (ii) the current violation under Subsection (2) is committed on or after July 1, 2230 2009, and within a period of 10 years after the date of the prior violation. 2231 (8) The Driver License Division shall, if the person is under 19 years of age on the date of 2232 arrest: 2233 (a) suspend, until the person is 21 years of age, the driver license of a person 2234 convicted under Subsection (2) of an offense committed on or after July 1, 2235 2009; or 2236 (b) revoke, until the person is 21 years of age, the driver license of a person if: 2237 (i) the person has a prior conviction as defined under Subsection 2238 41-6a-501(2); and 2239 (ii) the current violation under Subsection (2) is committed on or after July 1,
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2240 2009, and within a period of 10 years after the date of the prior violation. 2241 (9) The Driver License Division shall subtract from any suspension or revocation period 2242 the number of days for which a license was previously suspended under Section 2243 53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence 2244 upon which the record of conviction is based. 2245 (10) The Driver License Division shall: 2246 (a) deny, suspend, or revoke a person's license for the denial and suspension 2247 periods in effect prior to July 1, 2009, for a conviction of a violation under 2248 Subsection (2) that was committed prior to July 1, 2009; or 2249 (b) deny, suspend, or revoke the operator's license of a person for the denial, 2250 suspension, or revocation periods in effect from July 1, 2009, through June 30, 2251 2011, if: 2252 (i) the person was 20 years of age or older but under 21 years of age at the 2253 time of arrest; and 2254 (ii) the conviction under Subsection (2) is for an offense that was committed 2255 on or after July 1, 2009, and prior to July 1, 2011. 2256 (11) A court that reported a conviction of a violation of this section for a violation that 2257 occurred on or after July 1, 2009, to the Driver License Division may shorten the 2258 suspension period imposed under Subsection (7)(a) or (8)(a) prior to completion of the 2259 suspension period if the person: 2260 (a) completes at least six months of the license suspension; 2261 (b) completes a screening; 2262 (c) completes an assessment, if it is found appropriate by a screening under 2263 Subsection (11)(b); 2264 (d) completes substance abuse treatment if it is found appropriate by the 2265 assessment under Subsection (11)(c); 2266 (e) completes an educational series if substance abuse treatment is not required 2267 by the assessment under Subsection (11)(c) or the court does not order 2268 substance abuse treatment; 2269 (f) has not been convicted of a violation of any motor vehicle law in which the 2270 person was involved as the operator of the vehicle during the suspension 2271 period imposed under Subsection (7)(a) or (8)(a);
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2272 (g) has complied with all the terms of the person's probation or all orders of the 2273 court if not ordered to probation; and 2274 (h) (i) is 18 years of age or older and provides a sworn statement to the court 2275 that the person has not consumed a controlled substance not prescribed 2276 by a practitioner for use by the person or unlawfully consumed alcohol 2277 during the suspension period imposed under Subsection (7)(a) or (8)(a); 2278 or 2279 (ii) is under 18 years of age and has the person's parent or legal guardian 2280 provide an affidavit or other sworn statement to the court certifying that 2281 to the parent or legal guardian's knowledge the person has not 2282 consumed a controlled substance not prescribed by a practitioner for use 2283 by the person or unlawfully consumed alcohol during the suspension 2284 period imposed under Subsection (7)(a) or (8)(a). 2285 (12) If the court shortens a person's license suspension period in accordance with the 2286 requirements of Subsection (11), the court shall forward the order shortening the 2287 person's license suspension period prior to the completion of the suspension period 2288 imposed under Subsection (7)(a) or (8)(a) to the Driver License Division. 2289 (13) (a) The court shall notify the Driver License Division if a person fails to: 2290 (i) complete all court ordered screening and assessment, educational 2291 series, and substance abuse treatment; or 2292 (ii) pay all fines and fees, including fees for restitution and treatment costs. 2293 (b) Upon receiving the notification, the division shall suspend the person's driving 2294 privilege in accordance with Subsections 53-3-221(2) and (3). 2295 (14) The court: 2296 (a) shall order supervised probation in accordance with Section 41-6a-507 for a 2297 person convicted under Subsection (2); and 2298 (b) may order a person convicted under Subsection (2) to participate in a 24-7 2299 sobriety program as defined in Section 41-6a-515.5 if the person is 21 years of 2300 age or older. 2301 (15) (a) A court that reported a conviction of a violation of this section to the Driver 2302 License Division may shorten the suspension period imposed under Subsection 2303 (6) before completion of the suspension period if the person is participating in
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2304 or has successfully completed a 24-7 sobriety program as defined in Section 2305 41-6a-515.5. 2306 (b) If the court shortens a person's license suspension period in accordance with 2307 the requirements of this Subsection (15), the court shall forward to the Driver 2308 License Division the order shortening the person's suspension period. 2309 (c) The court shall notify the Driver License Division if a person fails to complete all 2310 requirements of a 24-7 sobriety program. 2311 (d) Upon receiving the notification described in Subsection (15)(c), the division 2312 shall suspend the person's driving privilege in accordance with Subsections 2313 53-3-221(2) and (3). 2314 2315 41-6a-517 (Effective 07/01/19). Definitions -- Driving with any measurable 2316 controlled substance in the body -- Penalties -- Arrest without warrant. 2317 (1) As used in this section: 2318 (a) "Controlled substance" means the same as that term is defined in Section 2319 58-37-2. 2320 (b) "Practitioner" means the same as that term is defined in Section 58-37-2. 2321 (c) "Prescribe" means the same as that term is defined in Section 58-37-2. 2322 (d) "Prescription" means the same as that term is defined in Section 58-37-2. 2323 (2) In cases not amounting to a violation of Section 41-6a-502, a person may not operate 2324 or be in actual physical control of a motor vehicle within this state if the person has 2325 any measurable controlled substance or metabolite of a controlled substance in the 2326 person's body. 2327 (3) It is an affirmative defense to prosecution under this section that the controlled 2328 substance was: 2329 (a) involuntarily ingested by the accused; 2330 (b) prescribed by a practitioner for use by the accused or recommended by a 2331 physician for use by the accused; [or] 2332 (c) medical cannabis or a cannabis product that the accused ingested in 2333 accordance with Title 26, Chapter 60b, Medical Cannabis Act; or 2334 [(c)] (d) otherwise legally ingested. 2335 (4) (a) A person convicted of a violation of Subsection (2) is guilty of a class B
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2336 misdemeanor. 2337 (b) A person who violates this section is subject to conviction and sentencing under 2338 both this section and any applicable offense under Section 58-37-8. 2339 (5) A peace officer may, without a warrant, arrest a person for a violation of this section 2340 when the officer has probable cause to believe the violation has occurred, although 2341 not in the officer's presence, and if the officer has probable cause to believe that the 2342 violation was committed by the person. 2343 (6) The Driver License Division shall, if the person is 21 years of age or older on the date 2344 of arrest: 2345 (a) suspend, for a period of 120 days, the driver license of a person convicted 2346 under Subsection (2) of an offense committed on or after July 1, 2009; or 2347 (b) revoke, for a period of two years, the driver license of a person if: 2348 (i) the person has a prior conviction as defined under Subsection 2349 41-6a-501(2); and 2350 (ii) the current violation under Subsection (2) is committed on or after July 1, 2351 2009, and within a period of 10 years after the date of the prior violation. 2352 (7) The Driver License Division shall, if the person is 19 years of age or older but under 2353 21 years of age on the date of arrest: 2354 (a) suspend, until the person is 21 years of age or for a period of one year, 2355 whichever is longer, the driver license of a person convicted under Subsection 2356 (2) of an offense committed on or after July 1, 2011; or 2357 (b) revoke, until the person is 21 years of age or for a period of two years, 2358 whichever is longer, the driver license of a person if: 2359 (i) the person has a prior conviction as defined under Subsection 2360 41-6a-501(2); and 2361 (ii) the current violation under Subsection (2) is committed on or after July 1, 2362 2009, and within a period of 10 years after the date of the prior violation. 2363 (8) The Driver License Division shall, if the person is under 19 years of age on the date of 2364 arrest: 2365 (a) suspend, until the person is 21 years of age, the driver license of a person 2366 convicted under Subsection (2) of an offense committed on or after July 1, 2367 2009; or
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2368 (b) revoke, until the person is 21 years of age, the driver license of a person if: 2369 (i) the person has a prior conviction as defined under Subsection 2370 41-6a-501(2); and 2371 (ii) the current violation under Subsection (2) is committed on or after July 1, 2372 2009, and within a period of 10 years after the date of the prior violation. 2373 (9) The Driver License Division shall subtract from any suspension or revocation period 2374 the number of days for which a license was previously suspended under Section 2375 53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence 2376 upon which the record of conviction is based. 2377 (10) The Driver License Division shall: 2378 (a) deny, suspend, or revoke a person's license for the denial and suspension 2379 periods in effect prior to July 1, 2009, for a conviction of a violation under 2380 Subsection (2) that was committed prior to July 1, 2009; or 2381 (b) deny, suspend, or revoke the operator's license of a person for the denial, 2382 suspension, or revocation periods in effect from July 1, 2009, through June 30, 2383 2011, if: 2384 (i) the person was 20 years of age or older but under 21 years of age at the 2385 time of arrest; and 2386 (ii) the conviction under Subsection (2) is for an offense that was committed 2387 on or after July 1, 2009, and prior to July 1, 2011. 2388 (11) A court that reported a conviction of a violation of this section for a violation that 2389 occurred on or after July 1, 2009, to the Driver License Division may shorten the 2390 suspension period imposed under Subsection (7)(a) or (8)(a) prior to completion of the 2391 suspension period if the person: 2392 (a) completes at least six months of the license suspension; 2393 (b) completes a screening; 2394 (c) completes an assessment, if it is found appropriate by a screening under 2395 Subsection (11)(b); 2396 (d) completes substance abuse treatment if it is found appropriate by the 2397 assessment under Subsection (11)(c); 2398 (e) completes an educational series if substance abuse treatment is not required 2399 by the assessment under Subsection (11)(c) or the court does not order
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2400 substance abuse treatment; 2401 (f) has not been convicted of a violation of any motor vehicle law in which the 2402 person was involved as the operator of the vehicle during the suspension 2403 period imposed under Subsection (7)(a) or (8)(a); 2404 (g) has complied with all the terms of the person's probation or all orders of the 2405 court if not ordered to probation; and 2406 (h) (i) is 18 years of age or older and provides a sworn statement to the court 2407 that the person has not consumed a controlled substance not prescribed 2408 by a practitioner for use by the person or unlawfully consumed alcohol 2409 during the suspension period imposed under Subsection (7)(a) or (8)(a); 2410 or 2411 (ii) is under 18 years of age and has the person's parent or legal guardian provide 2412 an affidavit or other sworn statement to the court certifying that to the parent or 2413 legal guardian's knowledge the person has not consumed a controlled 2414 substance not prescribed by a practitioner for use by the person or unlawfully 2415 consumed alcohol during the suspension period imposed under Subsection 2416 (7)(a) or (8)(a). 2417 (12) If the court shortens a person's license suspension period in accordance with 2418 the requirements of Subsection (11), the court shall forward the order 2419 shortening the person's license suspension period prior to the completion of the 2420 suspension period imposed under Subsection (7)(a) or (8)(a) to the Driver 2421 License Division. 2422 (13) (a) The court shall notify the Driver License Division if a person fails to: 2423 (i) complete all court ordered screening and assessment, educational 2424 series, and substance abuse treatment; or 2425 (ii) pay all fines and fees, including fees for restitution and treatment costs. 2426 (b) Upon receiving the notification, the division shall suspend the person's driving 2427 privilege in accordance with Subsections 53-3-221(2) and (3). 2428 (14) The court: 2429 (a) shall order supervised probation in accordance with Section 41-6a-507 for a 2430 person convicted under Subsection (2); and 2431 (b) may order a person convicted under Subsection (2) to participate in a 24-7
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2432 sobriety program as defined in Section 41-6a-515.5 if the person is 21 years of 2433 age or older. 2434 (15) (a) A court that reported a conviction of a violation of this section to the Driver 2435 License Division may shorten the suspension period imposed under Subsection 2436 (6) before completion of the suspension period if the person is participating in 2437 or has successfully completed a 24-7 sobriety program as defined in Section 2438 41-6a-515.5. 2439 (b) If the court shortens a person's license suspension period in accordance with 2440 the requirements of this Subsection (15), the court shall forward to the Driver 2441 License Division the order shortening the person's suspension period. 2442 (c) The court shall notify the Driver License Division if a person fails to complete all 2443 requirements of a 24-7 sobriety program. 2444 (d) Upon receiving the notification described in Subsection (15)(c), the division 2445 shall suspend the person's driving privilege in accordance with Subsections 2446 53-3-221(2) and (3). 2447 2448 53-1-106.5. Medical Cannabis Act -- Department duties. 2449 In addition to the duties described in Section 53-1-106, the department shall: 2450 (1) provide standards for training peace officers and law enforcement agencies in the use 2451 of the electronic verification system; and 2452 (2) collaborate with the Department of Health and the Department of Agriculture and Food 2453 to provide standards for training peace officers and law enforcement agencies in 2454 medical cannabis law. 2455 2456 57-21-3. Exemptions -- Sale by private individuals -- Nonprofit organizations -- 2457 Noncommercial transactions. 2458 (1) This chapter does not apply to a single-family dwelling unit sold or rented by its owner 2459 if: 2460 (a) the owner is not a partnership, association, corporation, or other business 2461 entity; 2462 (b) the owner does not own an interest in four or more single-family dwelling units 2463 held for sale or lease at the same time;
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2464 (c) during a 24-month period, the owner does not sell two or more single-family 2465 dwelling units in which the owner was not residing or was not the most recent 2466 resident at the time of sale; 2467 (d) the owner does not retain or use the facilities or services of a real estate broker 2468 or salesperson; and 2469 (e) the owner does not use a discriminatory housing practice under Subsection 2470 57-21-5(2) in the sale or rental of the dwelling. 2471 (2) This chapter does not apply to a dwelling or a temporary or permanent residence 2472 facility if: 2473 (a) the discrimination is by sex, sexual orientation, gender identity, lawful 2474 possession or consumption of cannabis or a cannabis product in accordance 2475 with Title 26, Chapter 60b, Medical Cannabis Act, or familial status for reasons 2476 of personal modesty or privacy, or in the furtherance of a religious institution's 2477 free exercise of religious rights under the First Amendment of the United States 2478 Constitution or the Utah Constitution; and 2479 (b) the dwelling or the temporary or permanent residence facility is: 2480 (i) operated by a nonprofit or charitable organization; 2481 (ii) owned by, operated by, or under contract with a religious organization, a 2482 religious association, a religious educational institution, or a religious 2483 society; 2484 (iii) owned by, operated by, or under contract with an affiliate of an entity 2485 described in Subsection (2)(b)(ii); or 2486 (iv) owned by or operated by a person under contract with an entity 2487 described in Subsection (2)(b)(ii). 2488 (3) This chapter, except for Subsection 57-21-5(2), does not apply to the rental of a room 2489 in a single-family dwelling by an owner-occupant of the single-family dwelling to 2490 another person if: 2491 (a) the dwelling is designed for occupancy by four or fewer families; and 2492 (b) the owner-occupant resides in one of the units. 2493 (4) (a) (i) Unless membership in a religion is restricted by race, color, sex, or 2494 national origin, this chapter does not prohibit an entity described in 2495 Subsection (4)(a)(ii) from:
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2496 (A) limiting the sale, rental, or occupancy of a dwelling or temporary 2497 or permanent residence facility the entity owns or operates for 2498 primarily noncommercial purposes to persons of the same 2499 religion; or 2500 (B) giving preference to persons of the same religion when selling, 2501 renting, or selecting occupants for a dwelling, or a temporary or 2502 permanent residence facility, the entity owns or operates for 2503 primarily noncommercial purposes. 2504 (ii) The following entities are entitled to the exemptions described in 2505 Subsection (4)(a)(i): 2506 (A) a religious organization, association, or society; or 2507 (B) a nonprofit institution or organization operated, supervised, or 2508 controlled by or in conjunction with a religious organization, 2509 association, or society. 2510 (b) (i) This chapter does not prohibit an entity described in Subsection (4)(b)(ii) 2511 from: 2512 (A) limiting the sale, rental, or occupancy of a dwelling, or a 2513 temporary or permanent residence facility, the entity owns or 2514 operates to persons of a particular religion, sex, sexual 2515 orientation, or gender identity; or 2516 (B) giving preference to persons of a particular religion, sex, sexual 2517 orientation, or gender identity when selling, renting, or selecting 2518 occupants for a dwelling, or a temporary or permanent residence 2519 facility, the entity owns or operates. 2520 (ii) The following entities are entitled to the exemptions described in 2521 Subsection (4)(b)(i): 2522 (A) an entity described in Subsection (4)(a)(ii); and 2523 (B) a person who owns a dwelling, or a temporary or permanent 2524 residence facility, that is under contract with an entity described in 2525 Subsection (4)(a)(ii). 2526 (5) (a) If the conditions of Subsection (5)(b) are met, this chapter does not prohibit a 2527 private club not open to the public, including a fraternity or sorority associated
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2528 with an institution of higher education, from: 2529 (i) limiting the rental or occupancy of lodgings to members; or 2530 (ii) giving preference to its members. 2531 (b) This Subsection (5) applies only if the private club owns or operates the 2532 lodgings as an incident to its primary purpose and not for a commercial 2533 purpose. 2534 (6) This chapter does not prohibit distinctions based on inability to fulfill the terms and 2535 conditions, including financial obligations, of a lease, rental agreement, contract of 2536 purchase or sale, mortgage, trust deed, or other financing agreement. 2537 (7) This chapter does not prohibit a nonprofit educational institution from: 2538 (a) requiring its single students to live in a dwelling, or a temporary or permanent 2539 residence facility, that is owned by, operated by, or under contract with the 2540 nonprofit educational institution; 2541 (b) segregating a dwelling, or a temporary or permanent residence facility, that is 2542 owned by, operated by, or under contract with the nonprofit educational 2543 institution on the basis of sex or familial status or both: 2544 (i) for reasons of personal modesty or privacy; or 2545 (ii) in the furtherance of a religious institution's free exercise of religious 2546 rights under the First Amendment of the United States Constitution or 2547 the Utah Constitution; or 2548 (c) otherwise assisting another person in making a dwelling, or a temporary or 2549 permanent residence facility, available to students on a sex-segregated basis 2550 as may be permitted by: 2551 (i) regulations implementing the federal Fair Housing Amendments Act of 2552 1988; 2553 (ii) Title IX of the Education Amendments of 1972; or 2554 (iii) other applicable law. 2555 (8) This chapter does not prohibit any reasonable local, state, or federal restriction 2556 regarding the maximum number of occupants permitted to occupy a dwelling. 2557 (9) A provision of this chapter that pertains to familial status does not apply to the 2558 existence, development, sale, rental, advertisement, or financing of an apartment 2559 complex, condominium, or other housing development designated as housing for older
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2560 persons, as defined by Title VIII of the Civil Rights Act of 1968, as amended. 2561 2562 57-21-5. Discriminatory practices enumerated -- Protected persons, classes 2563 enumerated. 2564 (1) It is a discriminatory housing practice to do any of the following because of a person's 2565 race, color, religion, sex, national origin, familial status, source of income, disability, 2566 sexual orientation, [or] gender identity , or lawful possession or consumption of 2567 cannabis or a cannabis product in accordance with Title 26, Chapter 60b, Medical 2568 Cannabis Act : 2569 (a) (i) refuse to sell or rent after the making of a bona fide offer; 2570 (ii) refuse to negotiate for the sale or rental; or 2571 (iii) otherwise deny or make unavailable a dwelling from any person; 2572 (b) discriminate against a person in the terms, conditions, or privileges: 2573 (i) of the sale or rental of a dwelling; or 2574 (ii) in providing facilities or services in connection with the dwelling; or 2575 (c) represent to a person that a dwelling is not available for inspection, sale, or 2576 rental when the dwelling is available. 2577 (2) It is a discriminatory housing practice to make a representation orally or in writing or 2578 make, print, circulate, publish, post, or cause to be made, printed, circulated, 2579 published, or posted any notice, statement, or advertisement, or to use any application 2580 form for the sale or rental of a dwelling, that directly or indirectly expresses any 2581 preference, limitation, or discrimination based on race, color, religion, sex, national 2582 origin, familial status, source of income, disability, sexual orientation, [or] gender 2583 identity, or lawful possession or consumption of cannabis or a cannabis product in 2584 accordance with Title 26, Chapter 60b, Medical Cannabis Act, or expresses any intent 2585 to make any such preference, limitation, or discrimination. 2586 (3) It is a discriminatory housing practice to induce or attempt to induce, for profit, a 2587 person to buy, sell, or rent a dwelling by making a representation about the entry or 2588 prospective entry into the neighborhood of persons of a particular race, color, religion, 2589 sex, national origin, familial status, source of income, disability, sexual orientation, [or] 2590 gender identity , or lawful possession or consumption of cannabis or a cannabis 2591 product in accordance with Title 26, Chapter 60b, Medical Cannabis Act.
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2592 (4) A discriminatory housing practice includes: 2593 (a) a refusal to permit, at the expense of the person with a disability, reasonable 2594 modifications of existing premises occupied or to be occupied by the person if 2595 the modifications are necessary to afford that person full enjoyment of the 2596 premises, except that in the case of a rental, the landlord, where it is 2597 reasonable to do so, may condition permission for a modification on the renter 2598 agreeing to restore the interior of the premises, when reasonable, to the 2599 condition that existed before the modification, reasonable wear and tear 2600 excepted; 2601 (b) a refusal to make a reasonable accommodation in a rule, policy, practice, or 2602 service when the accommodation may be necessary to afford the person equal 2603 opportunity to use and enjoy a dwelling; and 2604 (c) in connection with the design and construction of covered multifamily dwellings 2605 for first occupancy after March 13, 1991, a failure to design and construct the 2606 covered multifamily dwellings in a manner that: 2607 (i) the covered multifamily dwellings have at least one building entrance on 2608 an accessible route, unless it is impracticable to have one because of 2609 the terrain or unusual characteristics of the site; and 2610 (ii) with respect to covered multifamily dwellings with a building entrance on 2611 an accessible route: 2612 (A) the public use and common use portions of the covered 2613 multifamily dwelling are readily accessible to and usable by a 2614 person with a disability; 2615 (B) all the doors designed to allow passage into and within the 2616 covered multifamily dwellings are sufficiently wide to allow 2617 passage by a person with a disability who is in a wheelchair; and 2618 (C) all premises within the covered multifamily dwellings contain the 2619 following features of adaptive design: [(I)] an accessible route into 2620 and through the covered multifamily dwelling; [(II)] light switches, 2621 electrical outlets, thermostats, and other environmental controls in 2622 accessible locations; [(III)] reinforcements in the bathroom walls to 2623 allow later installation of grab bars; and [(IV)] kitchens and
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2624 bathrooms such that an individual in a wheelchair can maneuver 2625 about and use the space. 2626 (5) This section also applies to discriminatory housing practices because of race, color, 2627 religion, sex, national origin, familial status, source of income, disability, sexual 2628 orientation, [or] gender identity , or lawful possession or consumption of cannabis or a 2629 cannabis product in accordance with Title 26, Chapter 60b, Medical Cannabis Act 2630 based upon a person's association with another person. 2631 2632 57-21-6. Discriminatory housing practices regarding residential real 2633 estate-related transactions -- Discriminatory housing practices regarding the 2634 provisions of brokerage services. 2635 (1) (a) It is a discriminatory housing practice for a person whose business includes 2636 engaging in residential real estate-related transactions to discriminate against a 2637 person in making available a residential real estate-related transaction, or in the 2638 terms or conditions of the residential real estate-related transaction, because of 2639 race, color, religion, sex, disability, familial status, source of income, national 2640 origin, sexual orientation, [or] gender identity , or lawful possession or 2641 consumption of cannabis or a cannabis product in accordance with Title 26, 2642 Chapter 60b, Medical Cannabis Act. 2643 (b) Residential real estate-related transactions include: 2644 (i) making or purchasing loans or providing other financial assistance: 2645 (A) for purchasing, constructing, improving, repairing, or maintaining a 2646 dwelling; or 2647 (B) secured by residential real estate; or 2648 (ii) selling, brokering, or appraising residential real property. 2649 (2) It is a discriminatory housing practice to, because of race, color, religion, sex, 2650 disability, familial status, source of income, national origin, sexual orientation, [or] 2651 gender identity , or lawful possession or consumption of cannabis or a cannabis 2652 product in accordance with Title 26, Chapter 60b, Medical Cannabis Act: 2653 (a) deny a person access to, or membership or participation in, a multiple-listing 2654 service, real estate brokers' organization, or other service, organization, or 2655 facility relating to the business of selling or renting dwellings; or
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2656 (b) discriminate against a person in the terms or conditions of access, 2657 membership, or participation in the organization, service, or facility. 2658 (3) This section also applies to a discriminatory housing practice because of race, color, 2659 religion, sex, national origin, familial status, source of income, disability, sexual 2660 orientation, [or] gender identity , or lawful possession or consumption of cannabis or a 2661 cannabis product in accordance with Title 26, Chapter 60b, Medical Cannabis Act 2662 based upon a person's association with another person. 2663 2664 57-21-7. Prohibited conduct -- Aiding or abetting in discriminatory actions -- 2665 Obstruction of division investigation -- Reprisals. 2666 (1) It is a discriminatory housing practice to do any of the following: 2667 (a) coerce, intimidate, threaten, or interfere with a person: 2668 (i) in the exercise or enjoyment of a right granted or protected under this 2669 chapter; 2670 (ii) because that person exercised a right granted or protected under this 2671 chapter; or 2672 (iii) because that person aided or encouraged any other person in the 2673 exercise or enjoyment of a right granted or protected under this chapter; 2674 (b) aid, abet, incite, compel, or coerce a person to engage in a practice prohibited 2675 by this chapter; 2676 (c) attempt to aid, abet, incite, compel, or coerce a person to engage in a practice 2677 prohibited by this chapter; 2678 (d) obstruct or prevent a person from complying with this chapter, or any order 2679 issued under this chapter; 2680 (e) resist, prevent, impede, or interfere with the director or a division employee or 2681 representative in the performance of duty under this chapter; or 2682 (f) engage in a reprisal against a person because that person: 2683 (i) opposed a practice prohibited under this chapter; or 2684 (ii) filed a complaint, testified, assisted, or participated in any manner in an 2685 investigation, proceeding, or hearing under this chapter. 2686 (2) This section also applies to discriminatory housing practices because of race, color, 2687 religion, sex, national origin, familial status, source of income, disability, sexual
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2688 orientation, [or] gender identity , or lawful possession or consumption of cannabis or a 2689 cannabis product in accordance with Title 26, Chapter 60b, Medical Cannabis Act 2690 based upon a person's association with another person. 2691 2692 58-37-3.7. Exemption for possession or use of cannabis to treat a qualifying 2693 illness. 2694 (1) As used in this section: 2695 (a) "Cannabis" means marijuana. 2696 (b) "Cannabis product" means a product that: 2697 (i) is intended for human ingestion; and 2698 (ii) contains cannabis or tetrahydrocannabinol. 2699 (c) "Drug paraphernalia" means the same as that term is defined in Section 2700 58-37a-3. 2701 (d) "Marijuana" means the same as that term is defined in Section 58-37-2. 2702 (e) (i) "Medical cannabis device" means a device that an individual uses to 2703 ingest cannabis or a cannabis product. 2704 (ii) "Medical cannabis device" does not include a device that facilitates 2705 cannabis combustion. 2706 (f) "Tetrahydrocannabinol" means a substance derived from cannabis or a 2707 synthetic equivalent as described in Subsection 58-37-4(2)(a)(iii)(AA). 2708 (2) Notwithstanding any other provision of law, except as otherwise provided in this 2709 section: 2710 (a) an individual is not subject to the penalties described in this title for the 2711 following conduct if the individual engaged in the conduct in accordance with 2712 Title 4, Chapter 41b, Cannabis Production Establishment, or Title 26, Chapter 2713 60b, Medical Cannabis Act: 2714 (i) possessing, ingesting, producing, manufacturing, dispensing, 2715 distributing, selling, or offering to sell cannabis or a cannabis 2716 product; 2717 (ii) possessing cannabis or a cannabis product with the intent to 2718 engage in any of the conduct described in Subsection (2)(a)(i); 2719 (b) an individual is not subject to the penalties described in this title
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2720 regarding drug paraphernalia if the individual, in accordance with Title 4, 2721 Chapter 41b, Cannabis Production Establishment, or Title 26, Chapter 2722 60b, Medical Cannabis Act: 2723 (i) possesses, manufactures, distributes, sells, or offers to sell a 2724 medical cannabis device; or 2725 (ii) possesses a medical cannabis device with the intent to engage in 2726 any of the conduct described in Subsection (2)(b)(i). 2727 (4) (a) As used in this Subsection (4), "smoking" does not include the vaporization or 2728 heating of cannabis. 2729 (b) It is not lawful for the holder of a medical cannabis card, as that term is defined 2730 in Section 26-60B-102, to smoke or combust cannabis or to use a device to 2731 facilitate the smoking or combustion of cannabis. 2732 (c) An individual convicted of violating this Subsection (4) is guilty of a class C 2733 misdemeanor. 2734 (5) An individual is not exempt from the penalties described in this title for ingesting 2735 cannabis or a cannabis product while operating a motor vehicle if the person is under 2736 the influence of the cannabis or cannabis product to a degree that renders the 2737 individual incapable of safely operating a motor vehicle. 2738 (6) An individual who is assessed a penalty or convicted of a crime under Title 4, Chapter 2739 41b, Cannabis Production Establishment, or Title 26, Chapter 60b, Medical Cannabis 2740 Act, is not subject to the penalties described in this chapter for: 2741 (a) the possession, manufacture, sale, or offer for sale of cannabis or a cannabis 2742 product; or 2743 (b) the possession, manufacture, sale, or offer for sale of drug paraphernalia. 2744 2745 58-37-3.8. Affirmative defense. 2746 (1) As used in this section: 2747 (a) "Cannabis" means the same as that term is defined in Section 58-37-3.7. 2748 (b) "Cannabis product" means the same as that term is defined in Section 2749 58-37-3.7. 2750 (c) "Medical cannabis card" means the same as that term is defined in Section 2751 26-60B-102.
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2752 (d) "Medical cannabis device" means the same as that term is defined in Section 2753 58-37-3.7. 2754 (e) "Medical cannabis pharmacy" means the same as that term is defined in 2755 Section 26-60B-102. 2756 (f) "Qualified medical provider" means the same as that term is defined in Section 2757 26-60B-102. 2758 (g) "Qualifying illness" means the same as that term is defined in Section 2759 26-60B-102. 2760 (h) "Tetrahydrocannabinol" means the same as that term is defined in Section 2761 58-37-3.7. 2762 (2) Unless a medical cannabis pharmacy operates within 100 miles of an individual's 2763 primary residence, it is an affirmative defense to criminal charges against the 2764 individual under this chapter for the use or possession of cannabis or a cannabis 2765 product in a quantity described in Subsection 26-60B-502(2) or the use or possession 2766 of a medical cannabis device if the individual: 2767 (a) suffers from a qualifying illness at the time of arrest; 2768 (b) has a pre-existing relationship with a qualified medical provider who believes 2769 that the individual's illness described in Subsection (1)(a)(i) can benefit from the 2770 use in question; and 2771 (c) the individual's conduct would have been lawful: 2772 (i) after being issued a medical cannabis card; and 2773 (ii) with a medical cannabis pharmacy operating within 100 miles of the 2774 individual's primary residence. 2775 (3) It is an affirmative defense to criminal charges against an individual for the use or 2776 possession of marijuana, tetrahydrocannabinol, or marijuana drug paraphernalia 2777 under this chapter if the individual: 2778 (a) is not a resident of Utah or has been a resident of Utah for less than 45 days; 2779 (b) has a currently valid medical cannabis identification card or its equivalent under 2780 the laws of another state, district, territory, commonwealth, or insular 2781 possession of the United States; and 2782 (c) has been diagnosed with a qualifying illness as described in Section 2783 26-60b-105.
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2784 (4) A court shall, for charges that the court dismisses under Subsection (2) or Subsection 2785 (3), dismiss the charges without prejudice. 2786 2787 58-37-3.9. Enforcement. 2788 (1) A law enforcement officer employed by an agency that receives state or local 2789 government funds may not expend any state or local resources, including the officer's 2790 time, to: 2791 (a) effect any arrest or seizure of cannabis, as that term is defined in Section 2792 58-37-3.7, or conduct any investigation, on the sole basis of activity the officer 2793 believes to constitute a violation of federal law if the officer has reason to 2794 believe that the activity is in compliance with the state medical cannabis laws; 2795 or 2796 (b) provide any information or logistical support related to an activity described in 2797 Subsection (1)(a) to any federal law enforcement authority or prosecuting 2798 entity. 2799 (2) An agency or political subdivision of the state may not rely on a violation of federal law 2800 as the sole basis for taking an adverse action against a person providing professional 2801 services to a medical cannabis pharmacy, as that term is defined in Section 2802 26-60B-102, or a cannabis production establishment, as that term is defined in 2803 Section 4-41b-102, if the person has not violated the state medical cannabis laws. 2804 2805 59-12-104.9 (Effective 07/01/19). Exemption from sales tax for cannabis and 2806 cannabinoid products. 2807 (1) As used in this section: 2808 (a) "Cannabidiol product" means the same as that term is defined in Section 2809 4-41-102. 2810 (b) "Cannabidiol-qualified pharmacy" means the same as that term is defined in 2811 Section 58-88-102. 2812 (c) "Cannabis" means the same as that term is defined in Section 58-37-3.7. 2813 (d) "Cannabis product" means the same as that term is defined in Section 2814 58-37-3.7. 2815 (e) "Medical cannabis pharmacy" means the same as that term is defined in
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2816 Section 26-60b-102. 2817 (2) In addition to the exemptions described in Section 59-12-104, the sale of the following 2818 is not subject to the taxes imposed by this chapter: 2819 (a) a cannabidiol product by a cannabidiol-qualified pharmacy[ of a cannabidiol 2820 product is not subject to the taxes imposed by this chapter.] ; and 2821 (b) cannabis, a cannabis product, or a medical cannabis device, by a licensed 2822 medical cannabis pharmacy. 2823 2824 62A-4a-202.1. Entering home of a child -- Taking a child into protective custody 2825 -- Caseworker accompanied by peace officer -- Preventive services -- Shelter facility or 2826 emergency placement. 2827 (1) A peace officer or child welfare worker may not: 2828 (a) enter the home of a child who is not under the jurisdiction of the court, remove 2829 a child from the child's home or school, or take a child into protective custody 2830 unless authorized under Subsection 78A-6-106(2); or 2831 (b) remove a child from the child's home or take a child into custody under this 2832 section solely on the basis of : 2833 (i) educational neglect, truancy, or failure to comply with a court order to 2834 attend school[.] ; or 2835 (ii) the possession or use of cannabis, a cannabis product, or a medical 2836 cannabis device in accordance with Title 26, Chapter 60b, Medical 2837 Cannabis Act. 2838 (2) A child welfare worker within the division may take action under Subsection (1) 2839 accompanied by a peace officer, or without a peace officer when a peace officer is not 2840 reasonably available. 2841 (3) (a) If possible, consistent with the child's safety and welfare, before taking a child 2842 into protective custody, the child welfare worker shall also determine whether 2843 there are services available that, if provided to a parent or guardian of the child, 2844 would eliminate the need to remove the child from the custody of the child's 2845 parent or guardian. 2846 (b) If the services described in Subsection (3)(a) are reasonably available, they 2847 shall be utilized.
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2848 (c) In determining whether the services described in Subsection (3)(a) are 2849 reasonably available, and in making reasonable efforts to provide those 2850 services, the child's health, safety, and welfare shall be the child welfare 2851 worker's paramount concern. 2852 (4) (a) A child removed or taken into custody under this section may not be placed or 2853 kept in a secure detention facility pending court proceedings unless the child is 2854 detainable based on guidelines promulgated by the Division of Juvenile Justice 2855 Services. 2856 (b) A child removed from the custody of the child's parent or guardian but who 2857 does not require physical restriction shall be given temporary care in: 2858 (i) a shelter facility; or 2859 (ii) an emergency placement in accordance with Section 62A-4a-209. 2860 (c) When making a placement under Subsection (4)(b), the Division of Child and 2861 Family Services shall give priority to a placement with a noncustodial parent, 2862 relative, or friend, in accordance with Section 62A-4a-209. 2863 (d) If the child is not placed with a noncustodial parent, a relative, or a designated 2864 friend, the caseworker assigned to the child shall file a report with the 2865 caseworker's supervisor explaining why a different placement was in the child's 2866 best interest. 2867 (5) When a child is removed from the child's home or school or taken into protective 2868 custody, the caseworker shall give a parent of the child a pamphlet or flier explaining: 2869 (a) the parent's rights under this part, including the right to be present and 2870 participate in any court proceeding relating to the child's case; 2871 (b) that it may be in the parent's best interest to contact an attorney and that, if the 2872 parent cannot afford an attorney, the court will appoint one; 2873 (c) the name and contact information of a division employee the parent may 2874 contact with questions; 2875 (d) resources that are available to the parent, including: 2876 (i) mental health resources; 2877 (ii) substance abuse resources; and 2878 (iii) parenting classes; and 2879 (e) any other information considered relevant by the division.
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2880 (6) The pamphlet or flier described in Subsection (5) shall be: 2881 (a) evaluated periodically for its effectiveness at conveying necessary information 2882 and revised accordingly; 2883 (b) written in simple, easy-to-understand language; and 2884 (c) available in English and other languages as the division determines to be 2885 appropriate and necessary. 2886 2887 63I-1-226. Repeal dates, Title 26. 2888 (1) Section 26-1-40 is repealed July 1, 2019. 2889 (2) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July 1, 2890 2025. 2891 (3) Section 26-10-11 is repealed July 1, 2020. 2892 (4) Subsection 26-18-417(3) is repealed on July 1, 2022. 2893 (5) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024. 2894 (6) Title 26, Chapter 36a, Hospital Provider Assessment Act, is repealed July 1, 2019. 2895 (7) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1, 2024. 2896 (8) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is repealed July 2897 1, 2024. 2898 (9) Title 26, Chapter 56, Hemp Extract Registration Act, is repealed [July] January 1, 2899 [2021] 2019 . 2900 (10) Title 26, Chapter 63, Nurse Home Visiting Pay-for-Success Program is repealed July 2901 1, 2026. 2902 2903 63I-1-258. Repeal dates, Title 58. 2904 (1) Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is repealed 2905 July 1, 2026. 2906 (2) Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2025. 2907 (3) Title 58, Chapter 20a, Environmental Health Scientist Act, is repealed July 1, 2028. 2908 (4) Section 58-37-4.3 is repealed [July] January 1, [2021] 2020 . 2909 (5) Subsection 58-37-6(7)(f)(iii) is repealed July 1, 2022, and the Office of Legislative 2910 Research and General Counsel is authorized to renumber the remaining subsections 2911 accordingly.
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2912 (6) Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1, 2023. 2913 (7) Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act, is 2914 repealed July 1, 2019. 2915 (8) Title 58, Chapter 42a, Occupational Therapy Practice Act, is repealed July 1, 2025. 2916 (9) Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is repealed July 1, 2917 2023. 2918 (10) Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1, 2024. 2919 (11) Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act, is repealed July 1, 2026. 2920 (12) Title 58, Chapter 72, Acupuncture Licensing Act, is repealed July 1, 2027. 2921 (13) Title 58, Chapter 86, State Certification of Commercial Interior Designers Act, is 2922 repealed July 1, 2021. 2923 (14) The following sections are repealed on July 1, 2019: 2924 (a) Section 58-5a-502; 2925 (b) Section 58-31b-502.5; 2926 (c) Section 58-67-502.5; 2927 (d) Section 58-68-502.5; and 2928 (e) Section 58-69-502.5. 2929 2930 78A-6-508 (Superseded 07/01/19). Evidence of grounds for termination. 2931 (1) In determining whether a parent or parents have abandoned a child, it is prima facie 2932 evidence of abandonment that the parent or parents: 2933 (a) although having legal custody of the child, have surrendered physical custody 2934 of the child, and for a period of six months following the surrender have not 2935 manifested to the child or to the person having the physical custody of the child 2936 a firm intention to resume physical custody or to make arrangements for the 2937 care of the child; 2938 (b) have failed to communicate with the child by mail, telephone, or otherwise for 2939 six months; 2940 (c) failed to have shown the normal interest of a natural parent, without just cause; 2941 or 2942 (d) have abandoned an infant, as described in Subsection 78A-6-316(1). 2943 (2) In determining whether a parent or parents are unfit or have neglected a child the
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2944 court shall consider, but is not limited to, the following circumstances, conduct, or 2945 conditions: 2946 (a) emotional illness, mental illness, or mental deficiency of the parent that renders 2947 the parent unable to care for the immediate and continuing physical or 2948 emotional needs of the child for extended periods of time; 2949 (b) conduct toward a child of a physically, emotionally, or sexually cruel or abusive 2950 nature; 2951 (c) habitual or excessive use of intoxicating liquors, controlled substances, or 2952 dangerous drugs that render the parent unable to care for the child; 2953 (d) repeated or continuous failure to provide the child with adequate food, clothing, 2954 shelter, education, or other care necessary for the child's physical, mental, and 2955 emotional health and development by a parent or parents who are capable of 2956 providing that care; 2957 (e) whether the parent is incarcerated as a result of conviction of a felony, and the 2958 sentence is of such length that the child will be deprived of a normal home for 2959 more than one year; 2960 (f) a history of violent behavior; or 2961 (g) whether the parent has intentionally exposed the child to pornography or 2962 material harmful to a minor, as defined in Section 76-10-1201. 2963 (3) Notwithstanding Subsection (2)(c), the court may not discriminate against a parent or 2964 otherwise consider a parent's lawful possession or consumption of cannabis, a 2965 cannabis product, or a medical cannabis device in accordance with Title 26, Chapter 2966 60b, Medical Cannabis Act. 2967 [(3)] (4) A parent who, legitimately practicing the parent's religious beliefs, does not 2968 provide specified medical treatment for a child is not, for that reason alone, a 2969 negligent or unfit parent. 2970 [(4)] (5) (a) Notwithstanding Subsection (2), a parent may not be considered 2971 neglectful or unfit because of a health care decision made for a child by 2972 the child's parent unless the state or other party to the proceeding 2973 shows, by clear and convincing evidence, that the health care decision is 2974 not reasonable and informed. 2975 (b) Nothing in Subsection [(4)] (5) (a) may prohibit a parent from exercising the
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 2976 right to obtain a second health care opinion. 2977 [(5)] (6) If a child has been placed in the custody of the division and the parent or 2978 parents fail to comply substantially with the terms and conditions of a plan 2979 within six months after the date on which the child was placed or the plan was 2980 commenced, whichever occurs later, that failure to comply is evidence of failure 2981 of parental adjustment. 2982 [(6)] (7) The following circumstances constitute prima facie evidence of unfitness: 2983 (a) sexual abuse, sexual exploitation, injury, or death of a sibling of the child, or of 2984 any child, due to known or substantiated abuse or neglect by the parent or 2985 parents; 2986 (b) conviction of a crime, if the facts surrounding the crime are of such a nature as 2987 to indicate the unfitness of the parent to provide adequate care to the extent 2988 necessary for the child's physical, mental, or emotional health and 2989 development; 2990 (c) a single incident of life-threatening or gravely disabling injury to or disfigurement 2991 of the child; 2992 (d) the parent has committed, aided, abetted, attempted, conspired, or solicited to 2993 commit murder or manslaughter of a child or child abuse homicide; or 2994 (e) the parent intentionally, knowingly, or recklessly causes the death of another 2995 parent of the child, without legal justification. 2996 2997 78A-6-508 (Effective 07/01/19). Evidence of grounds for termination. 2998 (1) In determining whether a parent or parents have abandoned a child, it is prima facie 2999 evidence of abandonment that the parent or parents: 3000 (a) although having legal custody of the child, have surrendered physical custody 3001 of the child, and for a period of six months following the surrender have not 3002 manifested to the child or to the person having the physical custody of the child 3003 a firm intention to resume physical custody or to make arrangements for the 3004 care of the child; 3005 (b) have failed to communicate with the child by mail, telephone, or otherwise for 3006 six months; 3007 (c) failed to have shown the normal interest of a natural parent, without just cause;
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 3008 or 3009 (d) have abandoned an infant, as described in Subsection 78A-6-316(1). 3010 (2) In determining whether a parent or parents are unfit or have neglected a child the 3011 court shall consider, but is not limited to, the following circumstances, conduct, or 3012 conditions: 3013 (a) emotional illness, mental illness, or mental deficiency of the parent that renders 3014 the parent unable to care for the immediate and continuing physical or 3015 emotional needs of the child for extended periods of time; 3016 (b) conduct toward a child of a physically, emotionally, or sexually cruel or abusive 3017 nature; 3018 (c) habitual or excessive use of intoxicating liquors, controlled substances, or 3019 dangerous drugs that render the parent unable to care for the child; 3020 (d) repeated or continuous failure to provide the child with adequate food, clothing, 3021 shelter, education, or other care necessary for the child's physical, mental, and 3022 emotional health and development by a parent or parents who are capable of 3023 providing that care; 3024 (e) whether the parent is incarcerated as a result of conviction of a felony, and the 3025 sentence is of such length that the child will be deprived of a normal home for 3026 more than one year; 3027 (f) a history of violent behavior; or 3028 (g) whether the parent has intentionally exposed the child to pornography or 3029 material harmful to a minor, as defined in Section 76-10-1201. 3030 (3) Notwithstanding Subsection (2)(c), the court may not discriminate against a parent 3031 because of or otherwise consider the parent's lawful possession or consumption of : 3032 (a) a cannabidiol product in accordance with Title 26, Chapter 65, Cannabidiol 3033 Product Act[.] ; or 3034 (b) cannabis, a cannabis product, or a medical cannabis device in accordance 3035 with Title 26, Chapter 60b, Medical Cannabis Act. 3036 (4) A parent who, legitimately practicing the parent's religious beliefs, does not provide 3037 specified medical treatment for a child is not, for that reason alone, a negligent or unfit 3038 parent. 3039 (5) (a) Notwithstanding Subsection (2), a parent may not be considered neglectful or
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WORKING DRAFT -- FOR DISCUSSION PURPOSES ONLY 3040 unfit because of a health care decision made for a child by the child's parent 3041 unless the state or other party to the proceeding shows, by clear and 3042 convincing evidence, that the health care decision is not reasonable and 3043 informed. 3044 (b) Nothing in Subsection (5)(a) may prohibit a parent from exercising the right to 3045 obtain a second health care opinion. 3046 (6) If a child has been placed in the custody of the division and the parent or parents fail 3047 to comply substantially with the terms and conditions of a plan within six months after 3048 the date on which the child was placed or the plan was commenced, whichever occurs 3049 later, that failure to comply is evidence of failure of parental adjustment. 3050 (7) The following circumstances constitute prima facie evidence of unfitness: 3051 (a) sexual abuse, sexual exploitation, injury, or death of a sibling of the child, or of 3052 any child, due to known or substantiated abuse or neglect by the parent or 3053 parents; 3054 (b) conviction of a crime, if the facts surrounding the crime are of such a nature as 3055 to indicate the unfitness of the parent to provide adequate care to the extent 3056 necessary for the child's physical, mental, or emotional health and 3057 development; 3058 (c) a single incident of life-threatening or gravely disabling injury to or disfigurement 3059 of the child; 3060 (d) the parent has committed, aided, abetted, attempted, conspired, or solicited to 3061 commit murder or manslaughter of a child or child abuse homicide; or 3062 (e) the parent intentionally, knowingly, or recklessly causes the death of another 3063 parent of the child, without legal justification.
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