Utah Admin. Code 66-5-2

Current through Bulletin 2024-23, December 1, 2024
Section R66-5-2 - Definitions
(1) "Cannabis waste" means cannabis product that is damaged, deteriorated, mislabeled, expired, returned, subject to a recall, or enclosed within a container or package that has been opened or breached.
(2) "Card" means any type of medical cannabis card or registration card, whichever applies, authorized under Title 26B, Chapter 4, Part 2 Cannabinoid Research and Medical Cannabis.
(3) "Cardholder area" means the area of a medical cannabis pharmacy where a product is purchased that is restricted to a medical cannabis cardholder, a medical cannabis pharmacy employee, or another individual authorized by the medical cannabis pharmacy to enter the cardholder area.
(4) "Courier agent" means a medical cannabis courier agent.
(5) "Department" means the Utah Department of Agriculture and Food.
(6) "DHHS" means The Utah Department of Health and Human Services.
(7) "Direct supervision" means that a PMP is physically present at a medical cannabis pharmacy facility and immediately available for in-person face-to-face communication with the pharmacy agent.
(8) "Educational event" means an organized event:
(a) at which a medical cannabis pharmacy distributes, orally presents, or displays educational material; and
(b) that may be held either virtually or in-person.
(9)
(a) "Educational material" means material or content used, displayed, sold, or distributed for an educational purpose by a medical cannabis pharmacy in-person or online in a business or professional capacity.
(b) Educational material includes:
(i) live or recorded content of an educational event; or
(ii) any printed educational material such as a placard, poster, fact sheet, book, pamphlet, flyer, or business card.
(10) "Limited access area" means an area of a medical cannabis pharmacy where medical cannabis and medical cannabis devices shall be stored that is:
(a) a lockable cabinet in a medical cannabis pharmacy facility to which only a pharmacy agent or PMP has access; or
(b) an indoor area or room of a medical cannabis pharmacy facility that is separated from the cardholder and public areas of the medical cannabis pharmacy by a physical barrier with suitable locks and an electronic barrier to detect entry doors.
(11) "Pharmacy agent" means a medical cannabis pharmacy agent.
(12) "PIC" means a pharmacist-in-charge who oversees the operation and generally supervises a medical cannabis pharmacy.
(13) "PMP" means a medical cannabis pharmacy medical provider that meets the criteria defined in Subsection 4-41a-1101(12).
(14) "Public waiting area" means an area of the medical cannabis pharmacy where the public waits for cardholders and cardholders wait for authorization to enter the cardholder area.
(15) "Recreational disposition" means:
(a) slang words or phrasing associated with the recreational use of cannabis;
(b) an image of a celebrity or other person whose target audience is children or minors;
(c) content that encourages, promotes, or otherwise creates an impression that the recreational use of cannabis is legal or acceptable, or that the recreational use of cannabis has potential health or therapeutic benefits;
(d) content that promotes excessive consumption;
(e) content that is obscene or indecent; and
(f) content that a reasonable person knows or should know appeals to children.
(16) "Safeguard" means to maintain the confidentiality of the information accessed and not use, release, publish, disclose, or otherwise make available to any other person not authorized to access the information for any purpose other than those specifically authorized or permitted by applicable law.
(17) "State electronic verification system" means the same as the term is defined in Section 26B-4-202 and Subsection 4-41a-102(44).
(18) "Targeted marketing" means the same as the term is defined in Subsection 4-41a-102(47).
(19) "Utah resident" means an individual who has established a domicile in Utah.

Utah Admin. Code R66-5-2

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