Full text of Utah Utah Code § 41a-1002 — Medical cannabis pharmacy owners and directors -- Criminal background checks., with citation guidance and answers to common questions.
§ 41a-1002. Medical cannabis pharmacy owners and directors -- Criminal background checks.
Effective 7/1/2023
4-41a-1002.
Medical cannabis pharmacy owners and directors -- Criminal background checks.
| (1) |
Each applicant to whom the department issues a notice of intent to award a license to operate as a medical cannabis pharmacy shall submit, before the department may award the license, from each individual who has a financial or voting interest of 10% or greater in the applicant or who has the power to direct or cause the management or control of the applicant:
| (a) |
a fingerprint card in a form acceptable to the Department of Public Safety; |
| (b) |
a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the registration of the individual's fingerprints in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service; and |
| (c) |
consent to a fingerprint background check by:
| (i) |
the Bureau of Criminal Identification; and |
| (ii) |
the Federal Bureau of Investigation. |
|
|
| (2) |
The Bureau of Criminal Identification shall:
| (a) |
check the fingerprints the applicant submits under Subsection (1) against the applicable state, regional, and national criminal records databases, including the Federal Bureau of Investigation Next Generation Identification System; |
| (b) |
report the results of the background check to the department; |
| (c) |
maintain a separate file of fingerprints that applicants submit under Subsection (1) for search by future submissions to the local and regional criminal records databases, including latent prints; |
| (d) |
request that the fingerprints be retained in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service for search by future submissions to national criminal records databases, including the Next Generation Identification System and latent prints; and |
| (e) |
establish a privacy risk mitigation strategy to ensure that the department only receives notifications for an individual with whom the department maintains an authorizing relationship. |
|
| (3) |
The department shall:
| (a) |
assess an individual who submits fingerprints under Subsection (1) a fee in an amount that the department sets in accordance with Section 63J-1-504 for the services that the Bureau of Criminal Identification or another authorized agency provides under this section; and |
| (b) |
remit the fee described in Subsection (3)(a) to the Bureau of Criminal Identification. |
|
Renumbered and Amended by Chapter
273, 2023 General Session
Renumbered and Amended by Chapter
307, 2023 General Session
Amended by Chapter
307, 2023 General Session, (Coordination Clause)
Amended by Chapter
317, 2023 General Session
Frequently Asked Questions About Utah § 41a-1002
What does Utah Code § 41a-1002 cover?
Section 41a-1002 ("Medical cannabis pharmacy owners and directors -- Criminal background checks.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 41a-1002?
A common citation format is "Utah Code § 41a-1002" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 41a-1002 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
