Effective 12/3/2018
4-41a-401. Cannabis production establishment — General operating requirements.
4-41a-401. Cannabis production establishment — General operating requirements.
- (1)
- (a) A cannabis production establishment shall operate in accordance with the operating plan described in Sections 4-41a-201 and 4-41a-204.
- (b) A cannabis production establishment shall notify the department before a change in the cannabis production establishment’s operating plan.
- (c)
- (i) If a cannabis production establishment changes the cannabis production establishment’s operating plan, the establishment shall ensure that the new operating plan complies with this chapter.
- (ii) The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a process to:
- (A) review a change notification described in Subsection (1)(b);
- (B) identify for the cannabis production establishment each point of noncompliance between the new operating plan and this chapter;
- (C) provide an opportunity for the cannabis production establishment to address each identified point of noncompliance; and
- (D) suspend or revoke a license if the cannabis production establishment fails to cure the noncompliance.
- (2) A cannabis production establishment shall operate:
- (a) except as provided in Subsection (5), in a facility that is accessible only by an individual with a valid cannabis production establishment agent registration card issued under Section 4-41a-301; and
- (b) at the physical address provided to the department under Section 4-41a-201.
- (3) A cannabis production establishment may not employ an individual who is younger than 21 years old.
- (4) A cannabis production establishment may not employ an individual who has been convicted, under state or federal law, of:
- (a) a felony; or
- (b) after December 3, 2018, a misdemeanor for drug distribution.
- (5) A cannabis production establishment may authorize an individual who is at least 18 years old and is not a cannabis production establishment agent to access the cannabis production establishment if the cannabis production establishment:
- (a) tracks and monitors the individual at all times while the individual is at the cannabis production establishment; and
- (b) maintains a record of the individual’s access, including arrival and departure.
- (6) A cannabis production establishment shall operate in a facility that has:
- (a) a single, secure public entrance;
- (b) a security system with a backup power source that:
- (i) detects and records entry into the cannabis production establishment; and
- (ii) provides notice of an unauthorized entry to law enforcement when the cannabis production establishment is closed; and
- (c) a lock or equivalent restrictive security feature on any area where the cannabis production establishment stores cannabis or a cannabis product.
Renumbered and Amended by Chapter 1, 2018 Special Session 3