a medical cannabis cardholder who is transporting a medical cannabis treatment that the cardholder is authorized to possess under this chapter;
(iii)
a registered medical cannabis pharmacy agent;
(iv)
a registered medical cannabis courier agent; and
(v)
a registered pharmacy medical provider.
(b)
Only an agent of a cannabis cultivation facility, when the agent is transporting cannabis plants to a cannabis processing facility or an independent cannabis testing laboratory, may transport unprocessed cannabis outside of a medicinal dosage form.
be employed by the entity licensed under this chapter that is authorizing the transportation of the cannabis or cannabis product; and
(b)
possess a transportation manifest that:
(i)
includes a unique identifier that links the cannabis or cannabis product to a relevant inventory control system;
(ii)
includes origin and destination information for any cannabis or cannabis product that the individual is transporting; and
(iii)
identifies the departure and arrival times and locations of the individual transporting the cannabis or cannabis product.
(3)
(a)
In addition to the requirements in Subsections (1) and (2), the department may establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, requirements for transporting cannabis or cannabis product to ensure that the cannabis or cannabis product remains safe for human consumption.
(b)
The transportation described in Subsection (3)(a) is limited to transportation:
(i)
between a cannabis production establishment and another cannabis production establishment;
(ii)
between a cannabis processing facility and a medical cannabis pharmacy; and
(iii)
between a medical cannabis pharmacy and:
(A)
another medical cannabis pharmacy; or
(B)
for a medical cannabis shipment, a delivery address.
(4)
(a)
It is unlawful for a registered cannabis production establishment agent to make a transport described in this section with a manifest that does not meet the requirements of this section.
(b)
Except as provided in Subsection (4)(d), an agent who violates Subsection (4)(a) is:
(i)
guilty of an infraction; and
(ii)
subject to a $100 fine.
(c)
An individual who is guilty of a violation described in Subsection (4)(b) is not guilty of a violation of Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, for the conduct underlying the violation described in Subsection (4)(b).
(d)
If the agent described in Subsection (4)(a) is transporting more cannabis or cannabis product than the manifest identifies, except for a de minimis administrative error:
(i)
the penalty described in Subsection (4)(b) does not apply; and
(ii)
the agent is subject to penalties under Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances.
(5)
Nothing in this section prevents the department from taking administrative enforcement action against a cannabis production establishment, medical cannabis pharmacy, medical cannabis courier, or another person for failing to make a transport in compliance with the requirements of this section.
(6)
An individual other than an individual described in Subsection (1) may transport a medical cannabis device within the state if the transport does not also contain medical cannabis.
Section 41a-404 ("Medical cannabis transportation.") 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-404?
A common citation format is "Utah Code § 41a-404" (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-404 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.
