Section 20-2A-50 Licensing and regulation of medical cannabis. (a) The state hereby preemptively regulates medical cannabis from seed to sale and shall reasonably regulate and control all aspects of the medical cannabis industry to meet the intent of this chapter. All functions and activities relating to the production of medical cannabis in the state shall […]
Section 20-2A-51 License quantities; operation of dispensing sites. (a) Where the commission is authorized under this article to determine the number of licenses of a specific license category the commission will grant, or increase the number of licenses of a specific license category to grant, the commission shall consider the population of the state, the […]
Section 20-2A-52 Oversight of medical cannabis facility operations; inspections and audits of licensees; criminal background checks. (a) The commission, and the department with regard to cultivation facilities, shall have all powers necessary and proper to fully and effectively oversee the operation of medical cannabis facilities licensed pursuant to this article, including the authority to do […]
Section 20-2A-53 License application requirements. (a) The commission, and the department with regard to cultivation, shall adopt rules as necessary to implement, administer, and enforce this article in a timely manner that allows persons to begin applying for a license by September 1, 2022. Rules must ensure safety, security, and integrity of the operation of […]
Section 20-2A-54 Statewide seed-to-sale tracking system. (a) In order to ensure that all medical cannabis sold in the state maintains product quality to protect the health and welfare of state residents, the commission shall establish a statewide seed-to-sale tracking system for use as an integrated cannabis and medical cannabis tracking, inventory, and verification system. The […]
Section 20-2A-55 License application procedures. (a) Beginning September 1, 2022, a person may apply to the commission for a license for an integrated facility or for a license in one of the following independent categories: Cultivator, processor, secure transporter, state testing laboratory, or dispensary. The application shall be made under oath on a form provided […]
Section 20-2A-56 Notice and comment period; license ineligibility; issuance or denial; fee; expiration and renewal. (a) Before issuing any license under this article, the commission shall provide notice and a 30-day period during which members of the public may submit written comments regarding an applicant. The commission shall consider all comments received during the 30-day […]
Section 20-2A-57 Suspension, revocation, etc., of license. (a) If any of the following occurs, the commission may deny, suspend, revoke, or restrict a license: (1) An applicant or licensee fails to comply with this article or rules. (2) A licensee no longer meets the eligibility requirements for a license under this article. (3) An applicant […]
Section 20-2A-58 Exclusivity of license; transfer request. (a) Each license is exclusive to the licensee. A license, and any interest in or rights under a license, and any ownership interest or other beneficial interest in a licensed entity, may not be sold, transferred, assigned, conveyed, or otherwise disposed of in any manner, in whole or […]
Section 20-2A-59 Criminal background check of prospective officers, employees, etc. (a) The commission, prior to appointment, employment, or service for a licensee, shall require all officers, employees, contractors, and other individuals performing work of any character who would have access to cannabis, a medical cannabis facility, or related equipment or supplies, to submit to a […]
Section 20-2A-60 Third-party inventory control and tracking system. (a) Except as otherwise provided in subsection (b), a licensee shall adopt and use a third-party inventory control and tracking system that is capable of interfacing with the statewide seed-to-sale tracking system to allow the licensee to enter or access information in the statewide seed-to-sale tracking system […]
Section 20-2A-61 Advertisement and display restrictions. (a)(1) With regard to any physical structure or vehicle owned, leased, or otherwise used by a licensee, the licensee may not do either of the following: a. Advertise medical cannabis brand names or use graphics related to cannabis or paraphernalia on the exterior of the physical structure or vehicle. […]
Section 20-2A-62 Cultivator licensing. (a)(1) A cultivator license authorizes all of the following: a. The cultivation of cannabis. b. The sale or transfer of cannabis to a processor. c. If the cultivator contracts with a processor to process its cannabis into medical cannabis on the cultivator’s behalf, the sale or transfer of medical cannabis to […]
Section 20-2A-63 Processor licensing. (a)(1) A processor license authorizes all of the following: a. The purchase or transfer of cannabis from a cultivator. b. The processing of cannabis into medical cannabis which shall include properly packaging and labeling medical cannabis products, in accordance with this section. c. The sale or transfer of medical cannabis to […]
Section 20-2A-64 Dispensary licensing. (a)(1) A dispensary license authorizes all of the following: a. The purchase or transfer of medical cannabis from a processor. b. If a cultivator contracted with a processor to process its cannabis into medical cannabis on the cultivator’s behalf, the purchase or transfer of medical cannabis from the cultivator. c. The […]
Section 20-2A-65 Secure transporter licensing. (a) A secure transporter license authorizes the licensee to store and transport cannabis and medical cannabis for a fee upon request of a licensee. A license does not authorize transport to a registered qualified patient or registered caregiver. (b) A secure transporter shall comply with all of the following: (1) […]
Section 20-2A-66 State testing laboratory licensing. (a) A state testing laboratory license authorizes the licensee to possess and test cannabis and medical cannabis products cultivated or processed at licensed facilities. (b) The commission, by rule, shall establish protocols for product testing by a licensed state testing laboratory, which shall be conducted during cultivation, processing, and […]
Section 20-2A-67 Integrated facility licensing. (a) An integrated facility license authorizes all of the following: (1) The cultivation of cannabis. (2) The processing of cannabis into medical cannabis, including proper packaging and labeling of medical cannabis products. (3) The dispensing and sale of medical cannabis only to a registered qualified patient or registered caregiver. (4) […]
Section 20-2A-68 Licenses as revocable privileges. A license issued under this article is a revocable privilege granted by this state and is not a property right. Granting a license does not create or vest any right, title, franchise, or other property interest. A licensee or any other person shall not lease, pledge, or borrow or […]
