Utah Code 26B-1-420. Cannabis Research Review Board
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(1) As used in this section:
Terms Used In Utah Code 26B-1-420
- Quorum: The number of legislators that must be present to do business.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) “Cannabinoid product” means the same as that term is defined in Section 58-37-3.6.
(1)(b) “Cannabis” means the same as that term is defined in Section 58-37-3.6.
(2)
(2)(a) There is created the Cannabis Research Review Board within the department.
(2)(b) The department shall appoint, in consultation with a professional association based in the state that represents physicians, seven members to the Cannabis Research Review Board as follows:
(2)(b)(i) three individuals who are medical research professionals; and
(2)(b)(ii) four physicians:
(2)(b)(ii)(A) who are qualified medical providers as defined in Section 26B-4-201; and
(2)(b)(ii)(B) at least two who have at least 100 patients with a medical cannabis patient card at the time of appointment.
(3) The department shall ensure that at least one of the board members appointed under Subsection (2)(b) is a member of the Controlled Substances Advisory Committee created in Section 58-38a-201.
(4)
(4)(a) Four of the board members appointed under Subsection (2)(b) shall serve an initial term of two years and three of the board members appointed under Subsection (2)(b) shall serve an initial term of four years.
(4)(b) Successor board members shall each serve a term of four years.
(4)(c) A board member appointed to fill a vacancy on the board shall serve the remainder of the term of the board member whose departure created the vacancy.
(5) The department may remove a board member without cause.
(6) The board shall:
(6)(a) nominate a board member to serve as chairperson of the board by a majority vote of the board members; and
(6)(b) meet as often as necessary to accomplish the duties assigned to the board under this chapter.
(7) Each board member, including the chair, has one vote.
(8)
(8)(a) A majority of board members constitutes a quorum.
(8)(b) A vote of a majority of the quorum at any board meeting is necessary to take action on behalf of the board.
(9) A board member may not receive compensation for the member’s service on the board, but may, in accordance with rules adopted by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, receive:
(9)(a) per diem at the rate established under Section 63A-3-106; and
(9)(b) travel expenses at the rate established under Section 63A-3-107.
(10) If a board member appointed under Subsection (2)(b) does not meet the qualifications of Subsection (2)(b) before July 1, 2022:
(10)(a) the board member’s seat is vacant; and
(10)(b) the department shall fill the vacancy in accordance with this section.
(11) The board shall review any available scientific research related to the human use of cannabis, a cannabinoid product, or an expanded cannabinoid product that:
(11)(a) was conducted under a study approved by an institutional review board that is registered for human subject research by the United States Department of Health and Human Services;
(11)(b) was conducted or approved by the federal government; or
(11)(c)
(11)(c)(i) was conducted in another country; and
(11)(c)(ii) demonstrates, as determined by the board, a sufficient level of scientific reliability and significance to merit the board’s review.
(12) Based on the research described in Subsection (11), the board shall evaluate the safety and efficacy of cannabis, cannabinoid products, and expanded cannabinoid products, including:
(12)(a) medical conditions that respond to cannabis, cannabinoid products, and expanded cannabinoid products;
(12)(b) cannabis and cannabinoid dosage amounts and medical dosage forms;
(12)(c) interaction of cannabis, cannabinoid products, and expanded cannabinoid products, as defined in Section 58-37-3.6, with other treatments; and
(12)(d) contraindications, adverse reactions, and potential side effects from use of cannabis, cannabinoid products, and expanded cannabinoid products.
(13) Based on the board’s evaluation under Subsection (12), the board shall develop guidelines for treatment with cannabis, a cannabinoid product, and an expanded cannabinoid product that include:
(13)(a) a list of medical conditions, if any, that the board determines are appropriate for treatment with cannabis, a cannabis product, a cannabinoid product, or an expanded cannabinoid product;
(13)(b) a list of contraindications, side effects, and adverse reactions that are associated with use of cannabis, cannabinoid products, or expanded cannabinoid products;
(13)(c) a list of potential drug-drug interactions between medications that the United States Food and Drug Administration has approved and cannabis, cannabinoid products, and expanded cannabinoid products; and
(13)(d) any other guideline the board determines appropriate.
(14) The board shall submit the guidelines described in Subsection (13) to the director of the Division of Professional Licensing.
(15) Guidelines that the board develops under this section may not limit the availability of cannabis, cannabinoid products, or expanded cannabinoid products permitted under Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, or Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis.
(16) The board shall provide a report to the Health and Human Services Interim Committee regarding the board’s work before October 1 of each year.
(17) Based on the board’s evaluation under Subsection (12), the board may provide recommendations to the Medical Cannabis Policy Advisory Board created in Section 26B-1-435 regarding restrictions for a substance found in a medical cannabis product that:
(17)(a) is likely harmful to human health; or
(17)(b) is associated with a substance that is likely harmful to human health.