Bill Summary – FastDemocracy

2nd Sub. (Salmon) S.B. 233                                                  02-16-24 2:16 PM
  Utah Code Sections Affected By Coordination Clause:
         4-41a-102, as last amended by Laws of Utah 2023, Chapters 273, 313 and 327
         26B-4-201, as last amended by Laws of Utah 2023, Chapters 273, 317 and renumbered
  and amended by Laws of Utah 2023, Chapter 307
 92
  Be it enacted by the Legislature of the state of Utah:
  The following section is affected by a coordination clause at the end of this bill.
         Section 1. Section 4-41a-102 is amended to read:
         4-41a-102. Definitions.
         As used in this chapter:
         (1) "Adulterant" means any poisonous or deleterious substance in a quantity that may
  be injurious to health, including:
         (a) pesticides;
         (b) heavy metals;
         (c) solvents;
         (d) microbial life;
         (e) artificially derived cannabinoid;
         (f) toxins; or
         (g) foreign matter.
         (2) "Advisory board" means the Medical Cannabis Policy Advisory Board created in
  Section 26B-1-435.
         (3) (a) "Anticompetitive business practice" means any practice that reduces the amount
  of competition in the medical cannabis market that would be considered º :
110a   (i) » an attempt to
  monopolize, as defined in Section 76-10-3103 º [.] ; or
111a   (ii) an illegal anticompetitive activity under Section 76-10-3104. »
         (b) "Anticompetitive business practice" may include:
         (i) agreements that may be considered unreasonable when competitors interact to the
  extent that they are:
         (A) no longer acting independently; or
         (B) when collaborating are able to wield market power together;
         (ii) monopolizing or attempting to monopolize trade by:
         (A) acting to maintain or acquire a dominant position in the market; or
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          02-16-24 2:16 PM                                                2nd Sub. (Salmon) S.B. 233
  at least 21 years old may access the event;
         (c) other marketing material that is Öº physically or »Ö digitally displayed in the office
1918a of the medical
  clinic or office that employs a qualified medical provider; or
         (d) a leaflet that a qualified medical provider, medical clinic, or medical office that
  employs a qualified medical provider shares with an individual who is at least 21 years old.
         [(56)] (57) "Tetrahydrocannabinol" or "THC" means a substance derived from
  cannabis or a synthetic equivalent as described in Subsection 58-37-4(2)(a)(iii)(AA).
         [(57)] (58) "THC analog" means the same as that term is defined in Section 4-41-102.
         Section 18. Section 26B-4-202 is amended to read:
         26B-4-202. Electronic verification system.
         (1) The Department of Agriculture and Food, the department, the Department of Public
  Safety, and the Division of Technology Services shall:
         (a) enter into a memorandum of understanding in order to determine the function and
  operation of the state electronic verification system in accordance with Subsection (2);
         (b) coordinate with the Division of Purchasing, under Title 63G, Chapter 6a, Utah
  Procurement Code, to develop a request for proposals for a third-party provider to develop and
  maintain the state electronic verification system in coordination with the Division of
  Technology Services; and
         (c) select a third-party provider who:
         (i) meets the requirements contained in the request for proposals issued under
  Subsection (1)(b); and
         (ii) may not have any commercial or ownership interest in a cannabis production
  establishment or a medical cannabis pharmacy.
         (2) The Department of Agriculture and Food, the department, the Department of Public
  Safety, and the Division of Technology Services shall ensure that the state electronic
  verification system described in Subsection (1):
         (a) allows an individual to apply for a medical cannabis patient card or, if applicable, a
  medical cannabis guardian card, provided that the card may not become active until:
         (i) the relevant qualified medical provider completes the associated medical cannabis
  recommendation; or
         (ii) for a medical cannabis card related to a limited medical provider's
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           2nd Sub. (Salmon) S.B. 233                                                 02-16-24 2:16 PM
         (ii) share data collected under this Subsection (10) with the state auditor for use in the
  health care price transparency tool described in Section 67-3-11.
         Section 20. Section 26B-4-207 is amended to read:
        26B-4-207. Nondiscrimination for medical care or government employment --
 Notice to prospective and current public employees -- No effect on private employers.
        (1) For purposes of medical care, including an organ or tissue transplant, a patient's
 use, in accordance with this part, of cannabis in a medicinal dosage form or a cannabis product
 in a medicinal dosage form:
        (a) is considered the equivalent of the authorized use of any other medication used at
 the discretion of a physician; and
        (b) does not constitute the use of an illicit substance or otherwise disqualify an
 individual from needed medical care.
        (2) Öº [For a violation of Section 34A-5-114, the Legislature may withhold future state
 appropriations from a state agency or political subdivision] Before taking an adverse employment
2271a1   action as defined in Section 34A-5-114 against an employee º [who is known to be a] solely
2271a2   because the employee is a » medical
2271b1   cannabis cardholder º or holds a prescription for another controlled substance » , a
2271b2   state employer or a political subdivision employer shall:
 2271c   (a) consult with legal counsel, if one is employed or contracted with to provide services to the
2271d state employer or political subdivision; and
 2271e   (b) obtain approval from:
2271f1   (i) for a political subdivision, the mayor º [and the city manager or chief administrative officer]
2271f2   or county executive » ;
 2271g or
2271h    (ii) for a state employer, the state employer's º [executive director] agency head or the
 2271i agency head's designee » »Ö .
         [(2) (a) Notwithstanding any other provision of law and except as provided in
  Subsection (2)(b), the state or any political subdivision shall treat:]
         [(i) an employee's use of medical cannabis in accordance with this part or Section
  58-37-3.7 in the same way the state or political subdivision treats employee use of any
  prescribed controlled substance; and]
         [(ii) an employee's status as a medical cannabis cardholder or an employee's medical
  cannabis recommendation from a qualified medical provider or limited provider in the same
  way the state or political subdivision treats an employee's prescriptions for any prescribed
  controlled substance.]
         [(b) A state or political subdivision employee who has a valid medical cannabis card is
  not subject to retaliatory action, as that term is defined in Section 67-19a-101, for failing a drugk House Committee Amendments 2-27-2024 ho/cw1
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        02-16-24 2:16 PM                                             2nd Sub. (Salmon) S.B. 233
 ktest due to marijuana or tetrahydrocannabinol without evidence that the employee was impaired
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Statutes affected: 
Introduced: 26B-1-421, 26B-4-201, 26B-4-202, 26B-4-204, 26B-4-207, 26B-4-213, 26B-4-245, 63I-2-236, 36-12-8.2, 36-29-107.5, 36-29-109, 36-29-110, 36-29-111
Amended: 26B-1-421, 26B-4-201, 26B-4-202, 26B-4-204, 26B-4-207, 26B-4-213, 26B-4-245, 63I-2-236, 36-12-8.2, 36-29-107.5, 36-29-109, 36-29-110, 36-29-111
Enrolled: 26B-1-421, 26B-4-201, 26B-4-202, 26B-4-204, 26B-4-207, 26B-4-213, 26B-4-245, 63I-2-236, 36-12-8.2, 36-29-107.5, 36-29-109, 36-29-110, 36-29-111
S.B. 233 1st Substitute : 26B-1-421, 26B-4-201, 26B-4-202, 26B-4-204, 26B-4-207, 26B-4-213, 26B-4-245, 63I-2-236, 36-12-8.2, 36-29-107.5, 36-29-109, 36-29-110, 36-29-111
S.B. 233 2nd Substitute : 26B-1-421, 26B-4-201, 26B-4-202, 26B-4-204, 26B-4-207, 26B-4-213, 26B-4-245, 63I-2-236, 36-12-8.2, 36-29-107.5, 36-29-109, 36-29-110, 36-29-111
S.B. 233 2nd Substitute Amended Pages Only: 26B-4-202, 26B-4-207
S.B. 233 3rd Substitute (Not Adopted) Text: 26B-1-421, 26B-4-201, 26B-4-202, 26B-4-204, 26B-4-207, 26B-4-213, 26B-4-245, 63I-2-236, 36-12-8.2, 36-29-107.5, 36-29-109, 36-29-110, 36-29-111
S.B. 233 1st Substitute (Not Adopted) Text: 26B-1-421, 26B-4-201, 26B-4-202, 26B-4-204, 26B-4-207, 26B-4-213, 26B-4-245, 63I-2-236, 36-12-8.2, 36-29-107.5, 36-29-109, 36-29-110, 36-29-111