The 2023 Utah legislative session began on January 17th and will end on March 3rd.

Below is a summary of relevant bills being proposed this year listed by subject matter (cannabis, alcohol and psilocybin). It is possible other relevant bills will be added later sometime after this article is published. An article on what bills are passed will come out after the session ends.

CANNABIS

HB0072S01 – Medical Cannabis Governance Revisions (Rep. Brooks, Walt)

This bill moves most oversight and regulation of medical cannabis pharmacies and couriers from the Department of Health and Human Services (DHHS) to the Department of Agriculture and Food (UDAF). In addition, this bill:

· allows medical cannabis products to be delivered from a cannabis processing facility under certain circumstances;

· authorizes the DHHS to revoke a pharmacy medical provider registration;

· creates a Medical Cannabis Policy Advisory Board (board);

· outlines the duties of board;

· modifies the duties and membership of the medical cannabis governance working group;

· extends a sunset date for the working group.

HB0227S01 – Hemp Amendments (Rep. Dailey-Provost, Jennifer)

This bill amends provisions related to hemp. Specifically, this bill:

· defines terms;

· modifies definitions;

· allows the UDAF to require the registration of non-cannabinoid hemp products;

· creates an industrial hemp producer registration process;

· prohibits the sale of a cannabinoid product to an individual who is not at least 21 years old;

· allows a cannabinoid processor to produce products that may not be sold in the state;

· requires a warning label to be added to all cannabinoid products that are designed to be inhaled;

· expands the authority of the department to keep certain fines;

· authorizes rulemaking for the department to test a cannabinoid processor's cannabinoid at the processor's expense; and

· to ban or limit the presence of a substance if the department receives a recommendation from the public health authority.

HB0230S01 – Center for Medical Cannabis Research (Rep. Dailey-Provost, Jennifer)

This bill creates the Center for Medical Cannabis Research. Specifically, this bill:

· defines terms;

· modifies membership requirements for members of the Cannabis Research Review Board;

· creates the Center for Medical Cannabis Research (center) within the University of Utah;

· requires the DHHS to work with the center to create guidance on medical cannabis use;

· allows the center to be funded by the Qualified Patient Enterprise Fund; and

· establishes the center's duties.

SB0091 – Medical Cannabis Regulation Amendments (Sen. Vickers, Evan J.)

This bill amends provisions related to medical cannabis production. Specifically, this bill:

· creates and modifies definitions;

· removes the cap on licenses for independent testing laboratories that test medical cannabis;

· repeals provisions related to industrial hemp waste;

· modifies labeling requirements including requiring additional warning labels for certain products;

· requires heavy metal testing for medical cannabis vaporizer cartridges; and

· allows the UDAF to ban ingredients found in medical cannabis upon the recommendation of a public health authority.

SB0137 – Medical Cannabis Amendments (Sen. Escamilla, Luz)

This bill enacts provisions related to medical cannabis. Specifically, this bill:

· defines terms;

· allows the cannabis research review board to make recommendations to the UDAF regarding substances found in cannabis products;

· for the initial issuance of a medical cannabis card, extends the expiration date from six months to one year unless the recommending medical provider provides a shorter expiration date;

· allows the DHHS to revoke a medical cannabis patient card if the recommending medical provider withdraws the provider's recommendation for medical cannabis;

· allows certain physician assistants to diagnose post-traumatic stress syndrome for the purpose of recommending medical cannabis;

· allows medical cannabis pharmacies to maintain a liquid cash account instead of a surety bond;

· allows the Compassionate Use Board to review the recommendation of a cannabis product that must be vaporized under certain circumstances;

· allows a recommending medical provider to provide an initial recommendation for medical cannabis virtually under certain circumstances;

· modifies continuing education requirements for qualified medical providers;

· allows an individual residing in certain care facilities to use an expired license to obtain medical cannabis;

· consolidates certain criminal background check requirements for guardians and caregivers;

· for publicly traded medical cannabis pharmacies, changes the ownership percentage an individual must have to be listed in an application for a license; or required to submit a background check;

· repeals provisions related to the state central patient portal medical provider; and

· authorizes a medical cannabis pharmacy to engage in targeted marketing.

ALCOHOL

HB0062S01 – Driving Under the Influence Modifications (Rep. Wilcox, Ryan D.)

This bill amends provisions related to an ignition interlock system and driving under the influence. Specifically, this bill:

· prohibits the Driver License Division from suspending a driver license unless the person fails to complete certain requirements as an ignition interlock restricted driver;

· amends offenses eligible for the 24-7 sobriety program;

· prohibits a court from ordering an ignition interlock system from a specific provider;

· imposes certain monitoring requirements for an ignition interlock system;

· amends administrative rule requirements regarding ignition interlock system providers;

· provides procedures for a person to petition to remove an ignition interlock restriction due to a medical condition; amends the revocation period for a refusal to submit to a chemical test under certain circumstances;

· provides in some circumstances that a person may elect to become an ignition interlock restricted driver after:

o a refusal of a chemical test; or

o a criminal conviction based on a refusal to submit to a chemical test;

· provides in some circumstances that a license revocation period may be shortened based on participation in a 24-7 sobriety program;

· amends individuals who are eligible for the 24-7 sobriety program;

· removes the requirement for a person to complete a risk assessment in connection with certain ignition interlock requirements; and

· amends provisions relating to ignition interlock system providers.

HB0223S01 – Drug and Alcohol Enforcement Amendments (Rep. Burton, Jefferson S.)

This bill addresses enforcement of drug- and alcohol-related provisions. Specifically, this bill:

· defines terms;

· requires the Department of Public Safety to use the Alcoholic Beverage Control Act Enforcement Fund to maintain a certain number of drug enforcement officers; and

· increases the deposits made into the Alcoholic Beverage Control Act Enforcement Fund and the Alcoholic Beverage Enforcement and Treatment Restricted Account.

HB0100 – Beer Order and Delivery Amendments (Rep. Briscoe, Joel K.)

This bill permits an off-premise beer retailer to make off-premise beer deliveries under certain circumstances. Specifically, this bill:

· defines terms;

· permits an off-premise beer retailer to make off-premise beer deliveries under certain circumstances;

· requires the Alcoholic Beverage Services Commission to make administrative rules to establish an application process for off-premise beer deliveries; and

· requires the Division of Substance Abuse and Mental Health to establish training; regarding off-premise beer delivery.

HB0103S02 – Weapon Possession While Under the Influence Amendments

(Rep. Kyle, Jason B.)

This bill: amends provisions related to who can carry a dangerous weapon. Specifically, it makes illegal the carrying of a dangerous weapon while under the influence of alcohol.

HB0117 – Occupational Restriction Amendments (Rep. Thurston, Norman K)

This bill modifies provisions related to serving an alcoholic product in a restaurant licensed by the Department of Alcoholic Beverage Services. Specifically, this bill:

· allows an employee of a restaurant licensee who is at least 18 years old to:

o inform a patron of the availability of an alcoholic product for purchase; and

o take a patron's order for an alcoholic product.

HB0247 – Alcohol Control Amendments (Rep. Ivory, Ken)

This bill modifies the Alcoholic Beverage Control Act. Specifically, this bill:

· creates and modifies definitions;

· provides a penalty for altering, destroying, or concealing certain records that are relevant to an official proceeding under the Alcoholic Beverage Control Act;

· requires certain licensees under the Alcoholic Beverage Control Act to:

o make and retain video surveillance records;

o certify the video surveillance and other records are properly made and maintained for license renewal; and

o after receiving notice of a certain civil or criminal action, retain records relevant
to the action;

· modifies causation requirements under the Alcoholic Product Liability Act;

· creates a rebuttable presumption that a person is a cause of an individual's intoxication under certain circumstances;

· requires the state treasurer to annually adjust for inflation the maximum amount of damages that may be awarded in an action under the Alcoholic Product Liability Act and report the adjusted amount to the Administrative Office of the Courts;

· requires a court to use the adjusted damages amounts when awarding damages in an action under the Alcohol Product Liability Act; and

· allows a person to seek damages greater than the maximum amount of damages that may be awarded in an action under the Alcohol Product Liability Act under certain circumstances

HB0285 – Department of Alcoholic Beverage Services Amendments (Rep. Brooks, Walt)

This bill allows the Department of Alcoholic Beverage Services to retain a percentage of the department's profit from liquor sales from the previous fiscal year to use for certain expenditures or purchases to enhance productivity or improve customer experience.

PSILOCYBIN

There are currently no bills related to legalizing the use of psilocybin (commonly known as magic mushrooms). However, last year the governor did sign into law HB167, which created the Mental Illness Psychotherapy Drug Task Force to study and help recommend the use of psychedelics for mental illness.

This year, a non-profit organization called, “Utah Mushroom Therapy” plans to introduce a petition to the legislature on February 18th, which would permit psilocybin use for clinical and academic purposes. In addition, it would provide protection for those practicing under the Religious Freedom Restoration Act.

Summary of Relevant Legislation for 2023

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