Utah Admin. Code 66-5-16

Current through Bulletin 2024-23, December 1, 2024
Section R66-5-16 - Walk- up, Drive-Thru and Curbside Service
(1) A medical cannabis cardholder may contact a medical cannabis pharmacy by phone or online before the time of walk-up, drive-thru, or curbside service pick-up to make an order.
(2)
(a) A medical cannabis cardholder transaction may take place outside the medical cannabis pharmacy facility, but shall occur within the total property boundary of the licensed entity.
(b) Walk -up, drive-thru, and curbside service transactions shall occur at a licensed location that is owned, leased, or rented by the licensed entity and may not occur on a public sidewalk or an adjacent parking lot.
(3)
(a) If a product is bought with cash, the cash must be taken into the medical cannabis pharmacy facility after each transaction.
(b) If a medical cannabis pharmacy obtains approval from the Division of Finance to accept customer payments through an electronic payment provider, a medical cannabis cardholder using walk-up, drive-thru, and curbside pick-up service may make payments using the approved electronic payment provider.
(4)
(a) Medical cannabis products and medical cannabis devices, including those that are awaiting pick-up, shall be securely stored in the medical cannabis pharmacy facility until a medical cannabis cardholder arrives for pick-up.
(b) Under no circumstances may a medical cannabis product or medical cannabis device be stored outside of a medical cannabis pharmacy facility before a customer arrives to pick-up the product.
(5)
(a) A medical cannabis pharmacy's video surveillance shall enable the video recording of each medical cannabis cardholder transaction.
(b) Subsection (a) includes:
(i) video surveillance of a cardholder, cardholder vehicle, medical cannabis pharmacy employee verifying the cardholder's valid form of government issued identification; and
(ii) the transfer and dispensing of an item bought by a cardholder.
(c) Video cameras shall record points of entry and exit of a parking lot and shall be angled to ensure the capture of clear and certain identification of a cardholder and their vehicle's license plate.
(6)
(a) The individual receiving the delivery of a product from the medical cannabis pharmacy employee via walk-up, drive-thru or curbside pick-up shall be a cardholder.
(b) When drive-thru service is used, the medical cannabis cardholder verifying their ID to the medical cannabis pharmacy shall be visible to cameras and to the medical cannabis pharmacy employee who is helping them.
(7) Children under age 18 may be present in a vehicle that arrives for drive-thru or curbside pick-up service.
(8)
(a) When a PMP's consultation with a medical cannabis cardholder is required, the consultation may be provided in-person, over the phone, or with another real-time communications device.
(b) It is the responsibility of the medical cannabis pharmacy to ensure the privacy of these consultations regardless of where or how the consultations happen.
(9) When a medical cannabis pharmacy employee transports a container of medical cannabis product to a medical cannabis cardholder via walk-up, drive-thru, or curbside service, the container shall be contained within a box or an opaque bag.
(10) When drive-thru service is used, a medical cannabis pharmacy may use a secure drive-thru drawer or pneumatic tube to transport medical cannabis product, medical cannabis device, educational materials, valid photo identification, cash, and other documents between a medical cannabis pharmacy employee and a medical cannabis cardholder.

Utah Admin. Code R66-5-16

Adopted by Utah State Bulletin Number 2024-10, effective 5/13/2024
Amended by Utah State Bulletin Number 2024-15, effective 7/25/2024