(1) An individual may not receive and a medical cannabis pharmacy agent or a medical cannabis courier agent may not deliver a medical cannabis shipment from a home delivery medical cannabis pharmacy unless: (a) the individual receiving the shipment presents: (i) a government issued photo identification; and (ii) (A) a valid medical cannabis card under the same name that appears on the government issued photo identification; or (B) for a facility that a medical cannabis cardholder has designated as a caregiver under Subsection 26B-4-214(1)(b), evidence of the facility caregiver designation; and (b) the delivery occurs at: (i) the delivery address that is on file in the state electronic verification system; or (ii) the facility that the medical cannabis cardholder has designated as a caregiver under Subsection 26B-4-214(1)(b). (2) (a) A medical cannabis pharmacy agent may not deliver a medical cannabis shipment on behalf of a home delivery medical cannabis pharmacy unless the medical cannabis pharmacy agent is currently employed by the home delivery medical cannabis pharmacy. (b) A medical cannabis courier agent may not deliver a medical cannabis shipment on behalf of a medical cannabis courier unless the medical cannabis courier agent is currently employed by the medical cannabis courier. (c) Before a medical cannabis pharmacy agent or a medical cannabis courier agent distributes a medical cannabis shipment to a medical cannabis cardholder, the agent shall: (i) verify the shipment information using the state electronic verification system; (ii) ensure that the individual satisfies the identification requirements in Subsection (1); (iii) verify that payment is complete; and (iv) record the completion of the shipment transaction in a manner such that the delivery of the shipment will later be recorded within a reasonable period in the electronic verification system. (3) When delivering a medical cannabis shipment, a home delivery medical cannabis pharmacy or medical cannabis courier shall: (a) store each medical cannabis shipment in a secure manner until the recipient medical cannabis cardholder receives the shipment or the medical cannabis courier returns the shipment to the home delivery medical cannabis pharmacy in accordance with Subsection (4); (b) use adequate storage or shipping containers and shipping processes to ensure medical cannabis stability and potency and appropriate storage temperatures throughout delivery; (c) use shipping containers sealed in a manner to detect evidence of opening or tampering; (d) ensure that only a home delivery medical cannabis pharmacy agent or medical cannabis courier agent is able to access the medical cannabis shipment until the recipient medical cannabis cardholder receives the shipment; (e) return any undelivered medical cannabis shipment to the home delivery medical cannabis pharmacy, in accordance with Subsection (4), within 14 days from the day the medical cannabis shipment was shipped; and (f) return any medical cannabis shipment to the home delivery medical cannabis pharmacy, in accordance with Subsection (4), if a medical cannabis cardholder refuses to accept the shipment. (4) (a) If a medical cannabis courier or home delivery medical cannabis pharmacy agent returns an undelivered medical cannabis shipment before the home delivery medical cannabis pharmacy may repackage the medical cannabis in the returned medical cannabis shipment, the pharmacist at the home delivery medical cannabis pharmacy shall: (i) verify that the medical cannabis was returned to the original home delivery medical cannabis pharmacy within 14 days from the day the medical cannabis was shipped; and (ii) determine in the pharmacist's clinical judgment that the medical cannabis's integrity is intact and the security of the drug packaging has not been compromised. (b) For returned medical cannabis described in Subsection (4)(a) that a pharmacist deems does not comply with Subsection (4)(a)(i) or (ii), the home delivery medical cannabis pharmacy shall dispose of the medical cannabis by: (i) rendering the medical cannabis unusable and unrecognizable before transporting the medical cannabis from the home delivery medical cannabis pharmacy; and (ii) disposing of the medical cannabis in accordance with: (A) federal and state laws, rules, and regulations related to hazardous waste; (B) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.; (C) Title 19, Chapter 6, Part 5, Solid Waste Management Act; and (D) other regulations that the department makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
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