(1) (a) The licensing board shall establish a Compassionate Use Board consisting of: (i) seven recommending medical providers that the commissioner appoints with the advice and consent of the Senate: (A) who are knowledgeable about the medicinal use of cannabis; (B) who are physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and (C) who are board certified by the American Board of Medical Specialties or an American Osteopathic Association Specialty Certifying Board in the specialty of neurology, pain medicine and pain management, medical oncology, psychiatry, infectious disease, internal medicine, pediatrics, family medicine, or gastroenterology; and (ii) as a nonvoting member and the chair of the Compassionate Use Board, the commissioner or the director's designee. (b) In appointing the seven recommending medical providers described in Subsection (1)(a)(i), the commissioner shall ensure that at least two have a board certification in pediatrics. (2) (a) Of the members of the Compassionate Use Board that the commissioner first appoints: (i) three shall serve an initial term of two years; and (ii) the remaining members shall serve an initial term of four years. (b) After an initial term described in Subsection (2)(a) expires: (i) each term is four years; and (ii) each member is eligible for reappointment. (c) A member of the Compassionate Use Board may serve until a successor is appointed. (d) Four members constitute a quorum of the Compassionate Use Board. (3) A member of the Compassionate Use Board may receive: (a) notwithstanding Section 63A-3-106, compensation or benefits for the member's service; and (b) travel expenses in accordance with Section 63A-3-107 and rules made by the Division of Finance in accordance with Section 63A-3-107. (4) The Compassionate Use Board shall: (a) review and recommend for licensing board approval a petition to the Compassionate Use Board regarding an individual described in Subsection 26B-4-213(2)(a), a minor described in Subsection 26B-4-213(2)(c), or an individual who is not otherwise qualified to receive a medical cannabis card to obtain a medical cannabis card for compassionate use, for the standard or a reduced period of validity, if: (i) for an individual who is not otherwise qualified to receive a medical cannabis card, the individual's recommending medical provider is actively treating the individual for an intractable condition that: (A) substantially impairs the individual's quality of life; and (B) has not, in the recommending medical provider's professional opinion, adequately responded to conventional treatments; (ii) the recommending medical provider: (A) recommends that the individual or minor be allowed to use medical cannabis; and (B) provides a letter, relevant treatment history, and notes or copies of progress notes describing relevant treatment history including rationale for considering the use of medical cannabis; and (iii) the Compassionate Use Board determines that: (A) the recommendation of the individual's recommending medical provider is justified; and (B) based on available information, it may be in the best interests of the individual to allow the use of medical cannabis; (b) when a recommending medical provider recommends that an individual described in Subsection 26B-4-213(2)(a)(i)(B) or a minor described in Subsection 26B-4-213(2)(c) be allowed to use a medical cannabis device or medical cannabis to vaporize a medical cannabis treatment, review and approve or deny the use of the medical cannabis device or medical cannabis; (c) unless no petitions are pending: (i) meet to receive or review compassionate use petitions at least quarterly; and (ii) if there are more petitions than the Compassionate Use Board can receive or review during the Compassionate Use Board's regular schedule, meet as often as necessary; (d) except as provided in Subsection (5), complete a review of each petition and recommend to the licensing board approval or denial of the applicant for qualification for a medical cannabis card within 90 days after the day on which the Compassionate Use Board received the petition; and (e) consult with the licensing board regarding the criteria described in Subsection (5). (5) The licensing board shall make rules, in consultation with the Compassionate Use Board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a process and criteria for a petition to the Compassionate Use Board to automatically qualify for expedited final review and approval or denial by the licensing board in cases where, in the determination of the licensing board and the Compassionate Use Board: (a) time is of the essence; (b) engaging the full review process would be unreasonable in light of the petitioner's physical condition; and (c) sufficient factors are present regarding the petitioner's safety. (6) (a) (i) The licensing board shall review: (A) any compassionate use for which the Compassionate Use Board recommends approval under Subsection (4)(d) to determine whether the Compassionate Use Board properly exercised the discretion under this section; and (B) any expedited petitions the licensing board receives under the process described in Subsection (5). (ii) If the licensing board determines that the Compassionate Use Board properly exercised the Compassionate Use Board's discretion in recommending approval under Subsection (4)(d) or that the expedited petition merits approval based on the criteria established in accordance with Subsection (5), the licensing board shall: (A) issue the relevant medical cannabis card; and (B) provide for the renewal of the medical cannabis card in accordance with the recommendation of the recommending medical provider described in Subsection (4)(a). (b) If the Compassionate Use Board recommends denial under Subsection (4)(d), the individual seeking to obtain a medical cannabis card may petition the licensing board to review the Compassionate Use Board's decision. (c) In reviewing the Compassionate Use Board's recommendation for approval or denial under Subsection (4)(d) in accordance with this Subsection (6), the licensing board shall presume the Compassionate Use Board properly exercised the Compassionate Use Board's discretion unless the licensing board determines that the recommendation was arbitrary or capricious. (7) Any individually identifiable health information contained in a petition that the Compassionate Use Board or licensing board receives under this section is a protected record in accordance with Title 63G, Chapter 2, Government Records Access and Management Act. (8) The Compassionate Use Board shall annually report activity to the advisory board. Renumbered and Amended by Chapter 421, 2026 General Session
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