Negotiating with Terrorists: Legislative Session Update

HINT: They just tightened the squeeze on Utah’s cannabis entrepreneurs. Again.

J. D. Lauritzen is Utah’s leafy lawyer

AS HAS BEEN THE CASE DURING EACH LEGISLATIVE SESSION

since medical cannabis was legalized in Utah, the 2021 legislative session saw a number of additional changes to Utah’s medical cannabis laws.

Of the three cannabis-related bills introduced by lawmakers during the session, two were passed and signed into law by Governor Spencer Cox.

The first, SB 170 – Consumer Protection for Cannabis Patients, focused on patient access and medical provider recommendations. The second, SB 192 – Medical Cannabis Act Amendments, was aimed more specifically at Utah’s medical cannabis industry.

Spoiler alert:MORE CHANGES

A third cannabis-related bill, HB 210 – Qualifying Conditions for Medical Cannabis, which would have added opioid use disorder as a qualifying condition, failed to pass out of the

House following its introduction. A hemp bill, SB 39 – Hemp Regulation Amendments, following its introduction. A hemp bill, SB 39 – Hemp Regulation Amendments, which passed through both houses of the Legislature, was vetoed by Governor Cox over concerns about, among other things, the proposal to authorize hemp flower sales in Utah.

SB 170, introduced by Utah Senate Minority Whip, Senator Luz Escamilla, focused primarily on medical cannabis patients and medical provider recommendations.

For patients, the bill extends the period within which patients may. obtain their cannabis from another state to July 1, 2021. This includes the period between January 1, 2021 and the date on which SB 170 was signed into law by the governor. Also important for patients, beginning on September 1, 2021 (or possibly earlier), the Utah Department of Health is directed to issue a patient an electronic “conditional medical cannabis card” that shall be valid for the lesser of 60 days or the day on which the Department issues a patient his or her medical cannabis card, denies a patient’s application for a medical cannabis card, or revokes the conditional medical cannabis card.

The Department may only issue a conditional medical cannabis card to an individual applying for a medical cannabis patient card that does require the approval of the Compassionate Use Board. The same rights, restrictions, and obligations that apply to patient cardholders apply to those individuals that are issued a conditional medical cannabis card. SB 170 also allows the Utah Department of Health to revoke a medical cannabis card where the cardholder violates the Utah Medical Cannabis Act or is convicted under state or federal law of a felony or misdemeanor for drug distribution (after the bill’s effective date).

Here is a recap of the changes to Utah’s medical cannabis laws coming out of the 2021 legislative session:

On the provider FRONT, SB 170

authorizes podiatrists to recommend medical cannabis as part of the individual’s podiatry practice and/or to register as a qualified medical provider (QMP). The bill also allows an individual that meets the “recommending qualifications” for medical cannabis in Utah to be recommended as a “limited medical provider.” This means the individual does not need to register as a QMP of medical cannabis for up to 15 patients under certain circumstances. For those providers wanting to function as a limited medical provider, he or she will need to follow similar rules and regulations

THERE’S A LOT OF “LEGAL-ESE.” SO NO JUDGEMENT IF YOUR HEAD STARTS TO SPIN A LITTLE.

THAT’S LIKELY THE OBJECTIVE.

LEGISLATORS APPEAR TO ENJOY AN ALMOST MORAL

OBLIGATION TO KEEP THE WHOLE PROCESS AS COMPLICATED AND DIFFICULT AS POSSIBLE.

...ALMOST.

as registered QMPs but with some differences. A limited medical provider is required to communicate his or her recommendation through an order that a medical cannabis pharmacy may use to record the recommendation/renewal in the state’s electronic verification system. Such recommendation may be electronic or in writing, and it may contain directions of use or dosing guidelines (if not left up to a pharmacy medical provider or PMP).

As it relates specifically to QMPs, on or before November 1, 2021, a QMP is required to report to the Utah Department of Health that the QMP, or the entity that employs the QMP, represents online or in printed material that the individual is a QMP or offers medical cannabis recommendations to patients.

More importantly though, QMPs, or the entities that employ them, will be required to inform the Department the fee that the QMP charges a patient for a medical cannabis recommendation. The foregoing information will be made available on the Department’s website, along with the provider's name (or the name of the entity employing the QMP) and the address of the QMP’s office or the address of the entity employing the QMP.

Turning to the PMP portion of

the bill, SB 170 requires that upon receipt of an order from a limited medical provider, a PMP is required to contact the limited medical provider’s office to verify the validity of the recommendation. The PMP is then required to enter the limited medical provider’s recommendation or renewal, including any associated directions of use, dosing guidelines, or caregiver indication in the state’s electronic verification system.

Additionally, if, in processing an order for an individual with a conditional medical cannabis card, the order appears irregular or suspicious, the PMP may contact the recommending medical provider or the provider’s office to verify the validity of the recommendation before processing the order.

For producers, SB 170 makes some changes to the labeling requirements for cannabis flower and other cannabis products. For a container labeled before July 1, 2021, the container must contain a label that reads:

WARNING: Cannabis has intoxicating effects and may be addictive. Do not operate a vehicle or machinery under its influence. KEEP OUT OF REACH OF CHILDREN. This product is for medical use only. Use only as directed by a qualified medical provider.

For flower or a non-flower cannabis product that is labeled after July 1, 2021, the container must have a label that sets forth:

WARNING: Cannabis has intoxicating effects and may be addictive. Do not operate a vehicle or machinery under its influence. KEEP OUT OF REACH OF CHILDREN. This product is for medical use only. Use only as directed by a recommending medical provider.

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