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Chapter 16 A     Entire Code


ARTICLE 1. SHORT TITLE.

ARTICLE 2. DEFINITIONS.

ARTICLE 3. MEDICAL CANNABIS PROGRAM.

ARTICLE 4. PRACTITIONERS.

ARTICLE 5. PATIENTS.

ARTICLE 6. MEDICAL CANNABIS ORGANIZATIONS.

ARTICLE 7. MEDICAL CANNABIS CONTROLS.

ARTICLE 8. DISPENSARIES.

ARTICLE 9. TAX ON MEDICAL CANNABIS.

ARTICLE 10. ADMINISTRATION.

ARTICLE 11. MEDICAL CANNABIS ADVISORY BOARD.

ARTICLE 13. RESEARCH PROGRAM.

ARTICLE 14. ACADEMIC CLINICAL RESEARCH CENTERS.

ARTICLE 15. MISCELLANEOUS PROVISIONS.

ARTICLE 16. EFFECTIVE DATE.

ARTICLE 12. OFFENSES RELATED TO MEDICAL CANNABIS.

§16A-12-1.  Criminal diversion of medical cannabis by practitioners.

In addition to any other penalty provided by law, a practitioner who intentionally and knowingly certifies a person as being able to lawfully receive medical cannabis or who otherwise provides medical cannabis to a person who is not lawfully permitted to receive medical cannabis, is guilty of a felony, and upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than five years.

§16A-12-2.  Criminal diversion of medical cannabis.

(a) In addition to any other penalty provided by law, any employee, financial backer, operator or principal of any qualifying entities who intentionally and knowingly sells, dispenses, trades, delivers or otherwise provides medical cannabis to a person who is not lawfully permitted to receive medical cannabis, is guilty of a felony, and upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than five years.

(b) For purposes of this section, “qualifying entity” shall mean:

(1)  A medical cannabis organization.

(2)  A health care medical cannabis organization or university participating in a research study under article thirteen of this chapter.

(3)  A clinical registrant or academic clinical research center under article fourteen of this chapter.

(4)  A laboratory utilized to test medical cannabis under section four, article seven of this chapter.

§16A-12-3.  Criminal retention of medical cannabis.

In addition to any other penalty provided by law, any patient or caregiver who intentionally and knowingly possesses, stores or maintains an amount of medical cannabis in excess of the amount legally permitted is guilty of a misdemeanor, and upon conviction thereof, shall be confined in jail for not more than six months.

§16A-12-4.  Criminal diversion of medical cannabis by patient or caregiver.

In addition to any other penalty provided by law, any patient or caregiver that intentionally and knowingly provides medical cannabis to a person who is not lawfully permitted to receive medical cannabis is guilty of a felony, and upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than five years.

§16A-12-5. Falsification of identification cards.

In addition to any other penalty provided by law, any person who commits one of the following, knowing he or she is not privileged to hold an identification card;

(1)  possesses an identification card and either attempts to use the card to obtain medical cannabis or obtains medical cannabis;

(2)  possesses an identification card which falsely identifies the person as being lawfully entitled to receive medical cannabis and either attempts to use the card to obtain medical cannabis or obtains medical cannabis; or

(3)  possesses an identification card which contains any false information on the card and the person either attempts to use the card to obtain medical cannabis or obtains medical cannabis, is guilty of a misdemeanor, and upon conviction thereof, shall be confined in jail for not more than twelve months.

§16A-12-6.  Adulteration of medical cannabis.

In addition to any other penalty provided by law, any person who adulterates, fortifies, contaminates or changes the character or purity of medical cannabis from that set forth on the patient’s or caregiver’s identification card, is guilty of a felony, and upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than five years.

§16A-12-7. Disclosure of information prohibited.

(a) In addition to any other penalty provided by law, any employee, financial backer, operator or principal who discloses, except to authorized persons for official governmental or health care purposes, any information related to the use of medical cannabis:

(1)  A medical cannabis organization.

(2)  A health care medical cannabis organization or university participating in a research study under article thirteen of this chapter.

(3)  A clinical registrant or academic clinical research center under article fourteen of this chapter.

(4)  An employee of the bureau.

(b)  Exception. — Subsection (a) of this section shall not apply where disclosure is permitted or required by law or by court order.

§16A-12-8. Additional penalties.

 (a)  Civil penalties. — In addition to any other remedy available to the bureau, the bureau may assess a civil penalty for a violation of this act, a rule promulgated under this act or an order issued under this act or rule, subject to the following:

(1)  The bureau may assess a penalty of not more than $10,000 for each violation and an additional penalty of not more than $1,000 for each day of a continuing violation. In determining the amount of each penalty, the bureau shall take the following factors into consideration:

(A)  The gravity of the violation.

(B)  The potential harm resulting from the violation to patients, caregivers or the general public.

(C)  The willfulness of the violation.

(D)  Previous violations, if any, by the person being assessed.

(E)  The economic benefit to the person being assessed for failing to comply with the requirements of this act, a rule promulgated under this act or an order issued under this act or rule.

(2)  If the bureau finds that the violation did not threaten the safety or health of a patient, caregiver or the general public and the violator took immediate action to remedy the violation upon learning of it, the bureau may issue a written warning in lieu of assessing a civil penalty.

(3)  A person who aids, abets, counsels, induces, procures or causes another person to violate this act, a rule promulgated under this act or an order issued under this act or rule shall be subject to the civil penalties provided under this subsection.

(b)  Sanctions. —

(1)  In addition to the penalties provided in subsection (a) of this section, and any other penalty authorized by law, the bureau may impose the following sanctions:

(A)  Revoke or suspend the permit of a person found to be in violation of this act, a rule promulgated under this act or an order issued under this act or rule.

(B)  Revoke or suspend the permit of a person for conduct or activity or the occurrence of an event that would have disqualified the person from receiving the permit.

(C)  Revoke or suspend the registration of a practitioner for a violation of this act or a rule promulgated or an order issued under this act or for conduct or activity which would have disqualified the practitioner from receiving a registration.

(D)  Suspend a permit or registration of a person pending the outcome of a hearing in a case in which the permit or registration could be revoked.

(E)  Order restitution of funds or property unlawfully obtained or retained by a permittee or registrant.

(F)  Issue a cease and desist order.

(2)  A person who aids, abets, counsels, induces, procures or causes another person to violate this act shall be subject to the sanctions provided under this subsection.

(c)  Costs of action. — The bureau may assess against a person determined to be in violation of this act the costs of investigation of the violation.

(d)  Minor violations. — Nothing in this section shall be construed to require the assessment of a civil penalty or the imposition of a sanction for a minor violation of this act if the bureau determines that the public interest will be adequately served under the circumstances by the issuance of a written warning.

§16A-12-9. Other restrictions.

This act does not permit any person to engage in and does not prevent the imposition of any civil, criminal or other penalty for the following:

(1)  Undertaking any task under the influence of medical cannabis when doing so would constitute negligence, professional malpractice or professional misconduct.

(2)  Possessing or using medical cannabis in a state correctional facility or Regional Jail Authority facility, including a facility owned or operated or under contract with the Bureau of Corrections or the Regional Jail Authority, which houses inmates serving a portion of their sentences on parole or other community correction program.

(3)  Possessing or using medical cannabis in a youth detention center or other facility which houses children adjudicated delinquent, including the separate, secure state-owned facility or unit utilized for sexually violent delinquent children.

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