Section 202 – Medical cannabis caregiver card — Registration — Renewal — Revocation.

Effective 3/23/2022
26-61a-202. Medical cannabis caregiver card — Registration — Renewal — Revocation.

• (1)
  • (a) A cardholder described in Section 26-61a-201 may designate, through the state central patient portal, up to two individuals, or an individual and a facility in accordance with Subsection (1)(b), to serve as a designated caregiver for the cardholder.
  • (b)
    • (i) Beginning on the earlier of September 1, 2021, or the date on which the electronic verification system is functionally capable of servicing the designation, a cardholder described in Section 26-61a-201 may designate one of the following types of facilities as one of the caregivers described in Subsection (1)(a):
      • (A) for a patient or resident, an assisted living facility, as that term is defined in Section 26-21-2;
      • (B) for a patient or resident, a nursing care facility, as that term is defined in Section 26-21-2; or
      • (C) for a patient, a general acute hospital, as that term is defined in Section 26-21-2.
    • (ii) A facility may:
      • (A) assign one or more employees to assist patients with medical cannabis treatment under the caregiver designation described in this Subsection (1)(b); and
      • (B) receive a medical cannabis shipment from a medical cannabis pharmacy or a medical cannabis courier on behalf of the medical cannabis cardholder within the facility who designated the facility as a caregiver.
    • (iii) The department shall make rules to regulate the practice of facilities and facility employees serving as designated caregivers under this Subsection (1)(b).
  • (c) A parent or legal guardian described in Subsection 26-61a-201(2)(d), in consultation with the minor and the minor’s qualified medical provider, may designate, through the state central patient portal, up to two individuals to serve as a designated caregiver for the minor, if the department determines that the parent or legal guardian is not eligible for a medical cannabis guardian card under Section 26-61a-201.
  • (d)
    • (i) Beginning on the earlier of September 1, 2022, or the date on which the electronic verification system is functionally capable of facilitating a conditional medical cannabis caregiver card under this Subsection (1)(d), upon the entry of a caregiver designation under Subsection (1) by a patient with a terminal illness described in Section 26-61a-104, the department shall issue to the designated caregiver an electronic conditional medical cannabis caregiver card, in accordance with this Subsection (1)(d).
    • (ii) A conditional medical cannabis caregiver card is valid for the lesser of:
      • (A) 60 days; or
      • (B) the day on which the department completes the department’s review and issues a medical cannabis caregiver card under Subsection (1)(a), denies the patient’s medical cannabis caregiver card application, or revokes the conditional medical cannabis caregiver card under Subsection (8).
    • (iii) The department may issue a conditional medical cannabis card to an individual applying for a medical cannabis patient card for which approval of the Compassionate Use Board is not required.
    • (iv) An individual described in Subsection (1)(b)(iii) has the rights, restrictions, and obligations under law applicable to a holder of the medical cannabis card for which the individual applies and for which the department issues the conditional medical cannabis card.

• (2) An individual that the department registers as a designated caregiver under this section and a facility described in Subsection (1)(b):
  • (a) for an individual designated caregiver, may carry a valid medical cannabis caregiver card;
  • (b) in accordance with this chapter, may purchase, possess, transport, or assist the patient in the use of cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device on behalf of the designating medical cannabis cardholder;
  • (c) may not charge a fee to an individual to act as the individual’s designated caregiver or for a service that the designated caregiver provides in relation to the role as a designated caregiver; and
  • (d) may accept reimbursement from the designating medical cannabis cardholder for direct costs the designated caregiver incurs for assisting with the designating cardholder’s medicinal use of cannabis.

• (3)
  • (a) The department shall:
    • (i) within 15 days after the day on which an individual submits an application in compliance with this section, issue a medical cannabis card to the applicant if the applicant:
      • (A) is designated as a caregiver under Subsection (1);
      • (B) is eligible for a medical cannabis caregiver card under Subsection (4); and
      • (C) complies with this section; and
    • (ii) notify the Department of Public Safety of each individual that the department registers as a designated caregiver.
  • (b) The department shall ensure that a medical cannabis caregiver card contains the information described in Subsections (5)(b) and (3)(c)(i).
  • (c) If a cardholder described in Section 26-61a-201 designates an individual as a caregiver who already holds a medical cannabis caregiver card, the individual with the medical cannabis caregiver card:
    • (i) shall report to the department the information required of applicants under Subsection (5)(b) regarding the new designation;
    • (ii) if the individual makes the report described in Subsection (3)(c)(i), is not required to file an application for another medical cannabis caregiver card;
    • (iii) may receive an additional medical cannabis caregiver card in relation to each additional medical cannabis patient who designates the caregiver; and
    • (iv) is not subject to an additional background check.

• (4) An individual is eligible for a medical cannabis caregiver card if the individual:
  • (a) is at least 21 years old;
  • (b) is a Utah resident;
  • (c) pays to the department a fee in an amount that, subject to Subsection 26-61a-109(5), the department sets in accordance with Section 63J-1-504, plus the cost of the criminal background check described in Section 26-61a-203;
  • (d) signs an acknowledgment stating that the applicant received the information described in Subsection 26-61a-201(9); and
  • (e) has not been convicted of a misdemeanor or felony drug distribution offense that is a felony under either state or federal law, unless the individual completes any imposed sentence two or more years before the day on which the individual submits the application.

• (5) An eligible applicant for a medical cannabis caregiver card shall:
  • (a) submit an application for a medical cannabis caregiver card to the department through an electronic application connected to the state electronic verification system; and
  • (b) submit the following information in the application described in Subsection (5)(a):
    • (i) the applicant’s name, gender, age, and address;
    • (ii) the name, gender, age, and address of the cardholder described in Section 26-61a-201 who designated the applicant;
    • (iii) if a medical cannabis guardian cardholder designated the caregiver, the name, gender, and age of the minor receiving a medical cannabis treatment in relation to the medical cannabis guardian cardholder; and
    • (iv) any additional information that the department requests to assist in matching the application with the designating medical cannabis patient.

• (6) Except as provided in Subsection (6)(b), a medical cannabis caregiver card that the department issues under this section is valid for the lesser of:
  • (a) an amount of time that the cardholder described in Section 26-61a-201 who designated the caregiver determines; or
  • (b) the amount of time remaining before the card of the cardholder described in Section 26-61a-201 expires.

• (7)
  • (a) If a designated caregiver meets the requirements of Subsection (4), the designated caregiver’s medical cannabis caregiver card renews automatically at the time the cardholder described in Section 26-61a-201 who designated the caregiver:
    • (i) renews the cardholder’s card; and
    • (ii) renews the caregiver’s designation, in accordance with Subsection (7)(b).
  • (b) The department shall provide a method in the card renewal process to allow a cardholder described in Section 26-61a-201 who has designated a caregiver to:
    • (i) signify that the cardholder renews the caregiver’s designation;
    • (ii) remove a caregiver’s designation; or
    • (iii) designate a new caregiver.

• (8) The department may revoke a medical cannabis caregiver card if the designated caregiver:
  • (a) violates this chapter; or
  • (b) is convicted under state or federal law of:
    • (i) a felony drug distribution offense; or
    • (ii) after December 3, 2018, a misdemeanor drug distribution offense.

• (9) The department shall record the issuance or revocation of a medical cannabis card under this section in the controlled substance database.

Amended by Chapter 290, 2022 General Session
Amended by Chapter 452, 2022 General Session