The Utah Legislature wrapped up their 2023 general session last Friday. Here is a summary of the relevant bills that were passed and await the governor’s signature.

CANNABIS

HB0230S02

Center for Medical Cannabis Research

Dailey-Provost, J.

This bill:

· defines terms;

· modifies membership requirements for members of the Cannabis Research Review Board;

· creates the Center for Medical Cannabis Research (center) within the University of Utah;

· requires the Department of Health and Human Services to work with the center to

· create guidance on medical cannabis use;

· allows the center to be funded by the Qualified Patient Enterprise Fund; and

· establishes the center's duties.

SB0091S01 Medical Cannabis Regulation Amendments – Vickers, E.

This bill:

· creates and modifies definitions;

· removes the cap on licenses for independent testing laboratories that test medical cannabis;

· repeals provisions related to industrial hemp waste;

· modifies labeling requirements including requiring additional warning labels for certain products;

· allows a cannabis production establishment to maintain a liquid cash account instead of a surety bond;

· requires heavy metal testing for medical cannabis vaporizer cartridges;

· allows the Department of Agriculture and Food to ban ingredients found in medical cannabis upon the recommendation of a public health authority;

· removes the requirement that a cannabis production establishment agent be employed by a cannabis production establishment in order to hold a cannabis production establishment agent registration card; and

· makes technical changes.

SB0137S02 Medical Cannabis Amendments – Escamilla, L.

This bill:

· defines terms;

· requires the testing for terpene profiles for certain cannabis products;

· requires medical cannabis pharmacies to provide terpene information for certain cannabis products;

· modifies patient caps for qualified medical providers;

· for the initial issuance of a medical cannabis card, extends the expiration date from six months to one year unless the recommending medical provider provides a shorter expiration date;

· allows the Department of Health and Human Services to revoke a medical cannabis patient card if the recommending medical provider withdraws the provider's recommendation for medical cannabis;

· allows certain physician assistants to diagnose post-traumatic stress syndrome for the purpose of recommending medical cannabis;

· allows medical cannabis pharmacies to maintain a liquid cash account instead of a surety bond;

· allows the Compassionate Use Board to review the recommendation of a cannabis product that must be vaporized under certain circumstances;

· allows a recommending medical provider to provide an initial recommendation for medical cannabis virtually under certain circumstances;

· modifies continuing education requirements for qualified medical providers;

· allows an individual residing in certain care facilities to use an expired license to obtain medical cannabis;

· consolidates certain criminal background check requirements for guardians and caregivers;

· for publicly traded medical cannabis pharmacies, changes the ownership percentage an individual must have to be: listed in an application for a license or required to submit a background check;

· repeals provisions related to the state central patient portal medical provider;

· removes the requirement that before an individual obtains a medical cannabis pharmacy agent card that the individual be employed by a medical cannabis pharmacy;

· removes the requirement that before an individual obtains a medical cannabis courier agent card that the individual be employed by a medical cannabis courier;

· authorizes a medical cannabis pharmacy to engage in targeted marketing; and

· makes technical changes.

HB0072S03 Medical Cannabis Governance Revisions – Brooks, W.

This bill:

· defines terms;

· moves most oversight and regulation of medical cannabis pharmacies and couriers from the Department of Health and Human Services to the Department of Agriculture and Food;

· creates a transition period where the Department of Agriculture and Food may seek assistance from the Department of Health and Human Services;

· authorizes the Department of Health and Human Services to revoke a pharmacy medical provider registration;

· creates a Medical Cannabis Policy Advisory Board (board)

· outlines the duties of board;

· modifies the duties and membership of the medical cannabis governance working group (working group);

· extends a sunset date for the working group; and

· makes technical changes.

ALCOHOL

HB0223S02 Drug and Alcohol Enforcement Amendments – Burton, J.

This bill:

· defines terms;

· requires the Department of Public Safety to use the Alcoholic Beverage Control Act Enforcement Fund to maintain a certain number of drug enforcement officers, State Bureau of Investigation officers, and social workers;

· increases the deposits made into the Alcoholic Beverage Control Act Enforcement Fund and the Alcoholic Beverage Enforcement and Treatment Restricted Account; and

· makes technical changes.

HB0247S02 Alcohol Control Amendments – Ivory, K.

This bill:

· modifies definitions;

· provides a penalty for altering, destroying, or concealing certain records that are relevant to an official proceeding under the Alcoholic Beverage Control Act;

· requires certain licensees under the Alcoholic Beverage Control Act to, after receiving notice of a certain civil or criminal action, retain records relevant to the action;

· describes the circumstances under which there is prima facie evidence that a person is liable for an injury or death that results from the intoxication of another ndividual; and

· makes technical changes.

SB0173S05 Alcoholic Beverage Control Act Amendments – Stevenson, J.

This bill:

· creates and modifies definitions;

· prohibits a public transit district from allowing advertising on a transit vehicle that promotes an alcoholic product;

· modifies the proximity within which a hotel licensee may be to a community location;

· clarifies hotel and resort licensee room service requirements;

· modifies provisions related to flavored beer, heavy beer, and other malt beverages;

· establishes a process for the Department of Alcoholic Beverage Services (department) to approve a manufacturer's sale or distribution of beer that contains certain flavoring;

· prohibits a manufacturer from selling or distributing beer that contains certain flavoring without the department's approval;

· clarifies penalties applicable to a manufacturer who sells or distributes beer that contains certain flavoring without the department's approval;

· requires the department to reject labeling or packaging for a malted beverage that are likely to cause a person to believe the malted beverage is a nonalcoholic beverage under certain circumstances;

· addresses minor ownership in an entity that applies for an alcohol license, package agency, or permit;

· prohibits the department from purchasing or stocking spirituous liquor in a container smaller than 200 milliliters except for certain purposes;

· modifies alcohol training and education requirements for certain staff of an alcohol licensee;

· requires the Alcoholic Beverage Services Commission (commission) to provide information regarding an off-premise beer retailer licensee's sale of an alcoholic product to a minor to the Department of Public Safety and requires the Department of Public Safety to manage the information;

· modifies alcohol license renewal fee requirements;

· removes provisions requiring the clerk of the court to notify the department of violations of the Alcoholic Beverage Control Act or alcohol-related local ordinances;

· prohibits storage of an alcoholic beverage for sale if a person is not authorized to sell the alcoholic beverage;

· modifies license forfeiture requirements for retail licensees that cease operations;

· allows certain restaurant venues to obtain an on-premise banquet license for the same premises as a restaurant license;

· limits the number of on-premise banquet licenses the commission may issue to a restaurant venue;

· addresses the proximity within which a restaurant venue on-premise banquet license may be to a community location;

· allows a hotel or resort to obtain an off-premise beer retailer state license;

· allows a restaurant patron who is escorted by a restaurant employee to carry an unfinished drink from the dispensing area to the dining area;

· modifies serving size requirements for hard cider;

· modifies requirements for master full-service restaurant licensees;

· exempts resort sublicenses from the commission's calculation regarding the total number of retail licenses issued;

· exempts a certain number of full-service restaurant licenses from the population quota applicable to full-service restaurant licenses;

· exempts a certain number of bar establishment licenses from the population quota applicable to bar establishment licenses;

· modifies requirements for certain equity licensees to maintain a substantial recreational facility;

· provides that an equity licensee may have more than one dispensing structure on the equity licensee's premises;

· increases the number of airport lounge licenses the commission may issue for an international airport;

· allows the commission to issue a certain number of airport lounge licenses to a domestic airport;

· requires a person who transports liquor to a domestic airport to obtain a liquor transport license;

· modifies department notice requirements for, and the process for issuance of, an event permit;

· allows the commission to deem certain licenses forfeited for the licensee's failure to meet change in ownership notice requirements;

· modifies the time period within which a local industry representative licensee and liquor warehousing licensee is required to notify the department regarding change of ownership;

· modifies provisions related to management agreements concerning a business that is utilizing an alcohol license;

· clarifies provisions related to alcohol inventory transfer agreements;

· creates reporting requirements;

· includes a sunset date; and

· makes technical and conforming changes.

A list of all bills passed by the Utah Legislature this session can be seen here.

Summary of Passed Legislation 2023

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