FACT SHEET - Utah Medical Cannabis



right-55880000FACT SHEET This document provides general information about license application and operation requirements for medical cannabis pharmacies under the Utah Medical Cannabis Act. Information provided in this document is accurate as of September 17, 2019. It is only an informal outline for informational purposes, and it is not intended to cover all requirements of the Act. A complete copy of the Utah Medical Cannabis Act and Utah’s medical cannabis laws can be found on the Utah Legislature’s website at le.. INTRODUCTIONThe Utah Medical Cannabis Act requires that the department issue 14 medical cannabis pharmacy licenses. The department will issue eight licenses to an initial group of medical cannabis pharmacies to open as early as March 1, 2020 and six to a second group of medical cannabis pharmacies to open up as early as July 1, 2020. During the application review process, the department will decide which medical cannabis pharmacies fall into the initial group and which fall into the second group. DOH must complete the process of issuing all 14 licenses no later than July 1, 2020. Once issued, each license is active for one year and is renewable with payment of a $50,000 to $67,000 renewal fee (depending on rural or urban classification) and verification of compliance with requirements established in Utah Code 26-61a-301. The department’s decision to award a license to an applicant is not subject to protest or appeal.application requirements (26-61a-301)Pharmacy Name and Address. Applicants must submit a proposed name for the medical cannabis pharmacy and proposed address where the applicant will operate the medical cannabis pharmacy. The proposed address must meet requirements outlined in Utah Code 26-61a-507.Owner and Director Names and Criminal Background Checks. Applicants must submit the name and address of an individual who: has financial or voting interest of 2% or greater in the proposed medical cannabis pharmacy; or has the power to direct or cause the management or control of a proposed medical cannabis pharmacy. These individuals must: be at least 21 years old; and pass a national criminal background check by demonstrating that they have not been convicted under state or federal law of a felony or, after December 3, 2018, a misdemeanor for drug distribution.$125,000 Bond. Applicants must submit a statement that the applicant will obtain and maintain a performance bond that a surety authorized to transact surety business in the state issues an amount of at least $125,000 for each application that the applicant submits to the department.Operating Plan. Applicants must submit an operating plan that complies with Utah Code 26-61a-304 and includes operating procedures to comply with the operating requirements for a medical cannabis pharmacy and with relevant municipal or county law that is consistent with Utah Code 26-61a-507. This operating plan is subject to the approval of the department before issuance of a license. Application Fee. Each application requires payment of a $2,500 non-refundable application fee.Past Disciplinary Action. Each application must include a description of any investigation or adverse of action taken by any licensing jurisdiction, government agency, law enforcement agency, or court in any state for any violation or detrimental conduct in relation to any of the applicant’s cannabis-related operations or businesses.Land Use Permit. Once licensed, if the municipality or county where the medical cannabis pharmacy will be located requires a land use permit, the pharmacy must submit to the department a copy of the licensee’s approved application for the land use permit within 120 days after the day on which the department issues the license.EVALUATION CRITERIA (26-61a-305)If there are more qualified applicants than there are available licenses for medical cannabis pharmacies, the department must ensure a geographic dispersal among licensees that is sufficient to reasonably maximize access to the largest number of medical cannabis cardholders. The department must evaluate each applicant and award the licenses to applicants that best demonstrate:Experience. Experience with establishing and successfully operating a business that involves complying with a regulatory environment, tracking inventory, and training, evaluating, and monitoring employees.Operating Plan. An operating plan that will best ensure the safety and security of patrons and the community.Local Connections. Positive connections to the local community.Ability to Keep Cost Low. The extent to which the applicant can reduce the cost of cannabis or cannabis products for patients.Strategic Plan. A strategic plan described in Utah Code 26-61a-304 (7) that has a comparatively high likelihood of success. In evaluating applicants, the department may give increased consideration to applicants who indicate willingness to:operate as a home delivery medical cannabis pharmacy that accepts electronic medical cannabis orders that the state central patient portal facilitates;accept payments through:a payment provider that the Division of Finance approves in consultation with the state treasurer; or a financial institution in accordance with Utah Code 26-61a-603 (4).If an applicant for a medical cannabis pharmacy license is licensed by the Utah Department of Agriculture and Food (UDAF) as a hemp grower or processor under the Hemp Cannabidiol Act or a cannabis production establishment under the Utah Medical Cannabis Act, the Utah Department of Health (UDOH) must consult with the UDAF regarding the applicant. The UDOH cannot give preference to the applicant based on the applicant’s license issued by UDAF. OPERATING PLAN (26-61A-304)In response to the RFP, applicants for medical cannabis pharmacy licenses are required to submit a proposed operating plan that complies with the Utah Medical Cannabis Act and that includes, at a minimum:Facility Information. A description of the physical characteristics of the proposed facility, including a floor plan and an architectural elevation.Employee Information. A description of the credentials and experience of:each officer, director, or owner of the proposed pharmacy; andany highly skilled or experienced prospective employee.Training Standards. A description of the medical cannabis pharmacy employee training standards.Security Plan. A description of security protocols and standards to ensure the security of the physical structure of the pharmacy and the medical cannabis and information stored there. Inventory Control System. A description of the pharmacy’s inventory control system, including a plan to make the inventory control system compatible with the state electronic verification system.Storage Protocols. A description of storage protocols, both short and long term, to ensure that cannabis is stored in a manner that is sanitary and preserves the integrity of the cannabis.Strategic Plan. A description of the proposed medical cannabis pharmacy’s strategic plan for opening the medical cannabis pharmacy, including gauging appropriate timing based on:the supply of medical cannabis and medical cannabis products, in consultation with UDAF; andthe quantity and condition of the population of medical cannabis cardholders, in consultation with the department.employee registration requirementsEmployees of a medical cannabis pharmacy must be registered by the department as either a medical cannabis pharmacy agent or a pharmacy medical provider. Pharmacy Medical Provider (PMP). Each medical cannabis pharmacy must employ a Utah licensed pharmacist who is registered by the department as a PMP who is designated as the pharmacist in charge (PIC). A medical cannabis pharmacy may also employ a Utah licensed physician who must register as a PMP. PMP registration expires every two years unless it is renewed by the PMP. A PMP cannot also be registered as a QMP. To register as a PMP, an individual must:verify completion of at least 4 hours of continuing education coursework that meets criteria established by the department;provide the name and location of the pharmacy where they seek to act as a PMP; andpay an application fee;be at least 21 years of age. Pharmacy Agent. A qualified medical provider (QMP) cannot be registered as a pharmacy agent. To be registered as a pharmacy agent, and individual must:pass a national criminal background check by demonstrating that they have not been convicted under state or federal law of a felony or, after December 3, 2018, a misdemeanor for drug distribution.provide the name and location of the pharmacy where they seek to act as an agent;pay an application fee;comply with a certification standard established by the department;be at least 21 years of age. license revocation (26-61a-301)The department may revoke a medical cannabis pharmacy license if:The pharmacy does not begin operations within one year after the day on which the department issues an initial license;The pharmacy makes the same violation of the Utah Medical Cannabis Act or rule three times; orIndividuals who have financial or voting interest or 2% or greater in the pharmacy or have the power to direct or cause the management or control of a proposed medical cannabis pharmacy are convicted, while the license is active, under state or federal law of a felony or, after December 3, 2018, a misdemeanor for drug distribution.operating requirements (26-61a-501,502,505)Compliance with Operating Plan: A medical cannabis pharmacy must operate solely at the physical address provided to the department and in accordance with the operating plan provided to the department.Notification of Operation Plan Changes: A medical cannabis pharmacy must notify the department before any change in the medical cannabis pharmacy’s physical address or operating plan.Facility Visitors. An individual may not enter a medical cannabis pharmacy unless the individual is at least 18 years old and possesses a valid pharmacy medical provider card, a medical pharmacy agent card, or a medical cannabis card. Security. A medical cannabis pharmacy facility must have a single, secure public entrance, a lock on each area where the pharmacy stores cannabis or cannabis product, and a security system with a backup power source that:detects and records entry into the medical cannabis pharmacy; andprovides notice of an unauthorized entry to law enforcement when the pharmacy is closed.Purchase Limit Clearly Posted. A medical cannabis pharmacy must post, both clearly and conspicuously in the pharmacy, the limit on the purchase of cannabis described in Utah Code 26-61a-502(2).No Consumption on Property. A medical cannabis pharmacy must prohibit any individual from consuming cannabis product on the property or premises of the pharmacy.Labeling. A medical cannabis pharmacy cannot sell cannabis or cannabis product unless the product has a label affixed to the container indicating the following minimum information:the name, address, and telephone number of the medical cannabis pharmacy;the unique identification number that the pharmacy assigns;the date of sale;the name of the patient;the name of the qualified medical provider who recommended the medical cannabis treatment;directions for use and cautionary statements, if any;the amount dispensed and the cannabinoid content;the beyond use date; andany other requirements the department determines.Counseling. A medical cannabis pharmacy must provide medical cannabis cardholders a telephone number or website by which the cardholder may contact a pharmacy medical provider (PMP) for counseling. The pharmacy must also do the following: If a QMP chooses to not provide dosing parameters in the recommendation, the PMP must: review pertinent medical records, including the QMP’s evaluation of the qualifying condition underling the recommendation, a description of prior treatment attempts with cannabis products, and the patient’s current medication list; andafter completing the review and consulting with the recommending QMP as needed, determine the best course of treatment through consultation with the cardholder regarding the patient’s qualifying condition underlying the recommendation from the QMP, indications for available treatments, dosing parameters, and potential drug and adverse reactions.If a QMP chooses to provide dosing parameters in the recommendation, the PMP must verbally offer to a medical cannabis cardholder at the time of purchase of a cannabis product or medical cannabis device, personal, face-to-face counseling with the PMP. Advertising. A medical cannabis pharmacy cannot advertise in any medium other than the following:signage outside of the pharmacy that includes only the medical cannabis pharmacy’s name and hours of operation and a green cross that does not exceed four feet by five feet in size and complies with local ordinances regulation signage; anda website that includes information about: the location and hours of operation of the pharmacy;a product or service available at the pharmacy;best practices that the pharmacy upholds; andeducational material related to the medical use of cannabis. Available Products. A medical cannabis pharmacy cannot sell a product other than:cannabis or cannabis product or in a medicinal dosage form, or a medical cannabis device that the medical cannabis pharmacy acquired from a cannabis processing facility licensed by UDAF; andeducational material related to the medical use of cannabis.Dispensing Limits. A pharmacy may not sell in any one 28-day period, more than the lesser of:an amount sufficient to provide 30 days of treatment based on the dosing parameters that the relevant qualified medical provider (QMP) recommends; or113 grams by weight of unprocessed cannabis that is in a blister pack and that carries a label clearly displaying the amount of THC and CBD in the cannabis; oran amount of cannabis products that is in a medicinal dosage form and that contains, in total, greater than 20 grams of total composite THC. Product Fees. The department may impose a uniform fee on each medical cannabis cardholder transaction in a medical cannabis pharmacy in an amount set by the department.STATE CENTRAL PATIENT PORTAL (26-61A-601)Utah Department of Health has until July 1, 2020 to work with a vendor to set up a State Central Patient Portal online.The State Central Patient Portal will allow cardholders to:Obtain and download the cardholder’s medical cannabis card;Review the cardholder’s medical cannabis purchase history;Manage the cardholder's personal information, including withdrawing consent for the use of cardholder information for a study;Find contact information for a medical provider employed by the Utah Department of Health who can provide the cardholder with counseling relative to their use of medical cannabis products and devices. With authorization from the patient, this medical provider may determine dosing parameters of medical cannabis products to be purchased by the cardholder and submit them in the electronic verification system.Find contact information for all medical cannabis pharmacies in Utah and links to where cardholders can order product online. Orders submitted online and over the phone can only be fulfilled by medical cannabis pharmacies authorized by the department to provide home delivery service.HOME DELIVERY (26-61A-603)Medical cannabis pharmacies may request that they be approved by the Utah Department of Health to provide home delivery, in which case, they must submit to the Division of Finance the following information regarding their payment providers:The name and contact information of the payment provider;The nature of the relationship between the establishment, pharmacy, or prospective pharmacy and the payment provider;The processes the prospective licensee and the payment provider have in place to safely and reliably conduct financial transactions for medical cannabis shipments.The Division of Finance must approve all payment providers.When ordering online, a cardholder must begin by logging into the State Central Patient Portal. Once logged in, they will see a list of links for each home delivery medical cannabis pharmacy. The cardholder selects the pharmacy of their choice and they are redirected to a website that only active cardholders may access. Home delivery medical cannabis pharmacies must cover the cost of developing their own websites with product selection information and electronic payment processing. Home delivery of medical cannabis products or devices must be conducted by: (1) a home delivery medical cannabis pharmacy; or (2) a medical cannabis courier company licensed by the department who contracts with a home delivery medical cannabis pharmacy to deliver medical cannabis shipments.Medical cannabis shipments must be accepted in person by the cardholder with verified photo identification.Medical cannabis courier employees who transport medical cannabis must be registered by the department as medical cannabis courier agents. The Utah Department of Health has until July 1, 2020 to begin accepting medical cannabis courier license applications.contact informationUtah Department of HealthCenter for Medical Cannabis(801) 538-6504medicalcannabis@medicalcannabis.Updated 9/20/2019 ................
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