(1) The department may designate a medical cannabis pharmacy as a home delivery medical cannabis pharmacy if the department determines that the medical cannabis pharmacy‘s operating plan demonstrates the functional and technical ability to:

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Terms Used In Utah Code 4-41a-1201

  • Cannabis: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
  • Cannabis product: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
  • Department: means the Department of Agriculture and Food. See Utah Code 4-41a-102
  • Home delivery medical cannabis pharmacy: means a medical cannabis pharmacy that the department authorizes, as part of the pharmacy's license, to deliver medical cannabis shipments to a delivery address to fulfill electronic orders that the state central patient portal facilitates. See Utah Code 4-41a-102
  • Medical cannabis: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
  • Medical cannabis pharmacy: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
  • 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
     (1)(a) safely conduct transactions for medical cannabis shipments;
     (1)(b) accept electronic medical cannabis orders that the state central patient portal facilitates; and
     (1)(c) accept payments through:

          (1)(c)(i) a payment provider that the Division of Finance approves, in consultation with the state treasurer, in accordance with Section 26-61a-603; or
          (1)(c)(ii) a financial institution in accordance with Subsection 26-61a-603(4).
(2) An applicant seeking a designation as a home delivery medical cannabis pharmacy shall identify in the applicant’s operating plan any information relevant to the department’s evaluation described in Subsection (1), including:

     (2)(a) the name and contact information of the payment provider;
     (2)(b) the nature of the relationship between the prospective licensee and the payment provider;
     (2)(c) the processes of the following to safely and reliably conduct transactions for medical cannabis shipments:

          (2)(c)(i) the prospective licensee; and
          (2)(c)(ii) the electronic payment provider or the financial institution described in Subsection (1)(c); and
     (2)(d) the ability of the licensee to comply with the department’s rules regarding the secure transportation and delivery of medical cannabis or medical cannabis product to a medical cannabis cardholder.
(3) Notwithstanding any county or municipal ordinance, a medical cannabis pharmacy that the department designates as a home delivery medical cannabis pharmacy may deliver medical cannabis shipments in accordance with this part.