Utah Admin. Code R66-6-3 - Home Delivery Service - Operating Standards

(1) In addition to general operating standards established in Section 4-41a-1203 through Section 4-41a-1205, home delivery medical cannabis pharmacies, pharmacy agents, and couriers shall comply with the operating standards established in this rule.

(2) The following operating standards apply to home or caregiver facility delivery medical cannabis pharmacies and couriers.

(3) Pharmacies and couriers shall:

(a) maintain an updated written operating plan for home delivery service, describing a plan to comply with standards established in this section and meeting the requirements of Subsection 4-41a-1202(14);

(b) ensure accurate record keeping of delivery information in the ICS;

(c) maintain a record of at least five years of the initials or unique identification codes that identify each pharmacy agent or courier agent;

(d) lock medical cannabis that is transported in a fully enclosed box, container, or cage, that is secured inside a delivery vehicle and ensure appropriate storage temperature throughout the delivery process to maintain the integrity of the product;

(e) maintain a current paper or electronic list of any employee who makes deliveries that includes each employee's name, department registration license classification and license number, and registration expiration date;

(f) upon request, provide the department with information regarding any vehicle used for the delivery service; including the vehicle's make, model, color, vehicle identification number, license plate number, insurance number, and Division of Motor Vehicle registration number;

(g) ensure that the manifest is not modified in any way after a pharmacy agent or courier agent departs from a home delivery medical cannabis pharmacy facility with a shipment appearing on the manifest;

(h) ensure that no person other than a pharmacy agent or courier agent is in a delivery vehicle during delivery or during the time medical cannabis is in the vehicle; and

(i) ensure that trip log documentation showing a specific route of delivery exists for a route driven by a pharmacy agent or courier agent on a specific day is immediately available for review by the department, upon request.

(4) When delivering medical cannabis to a medical cannabis cardholder's home or a caregiver facility, a pharmacy agent or courier agent may not:

(a) drop off medical cannabis with anyone other than a medical cannabis cardholder or a caregiver facility;

(b) perform a home delivery before 6 a.m. or after 10 p.m.;

(c) leave medical cannabis unattended in a delivery vehicle for more than one hour;

(d) make changes in dosage or quantity at the request of the medical cannabis cardholder during delivery; or

(e) consume medical cannabis while delivering medical cannabis.

(5) When delivering medical cannabis, a pharmacy agent or courier agent employed by a home delivery medical cannabis pharmacy or courier shall:

(a) wear an identification tag or similar form of identification that clearly identifies them to a medical cannabis cardholder and includes their position; and

(b) provide each cardholder or caregiver facility receiving a shipment with printed material that includes their contact information and hours when a PMP is available for counseling over the phone.

(6) Each pharmacy agent or courier agent shall ensure that vehicles used for home delivery:

(a) do not have any marking or other indication on the exterior that identifies what is being transported;

(b) are maned;

(c) have an active alarm system;

(d) have a global positioning system (GPS) monitoring device that is:

(i) not easily removable;

(ii) attached to the vehicle at any time that the vehicle contains medical cannabis; and

(iii) capable of storing and transmitting GPS data so it can be monitored by the home delivery medical cannabis pharmacy during transport of medical cannabis; and

(e) do not transport medical cannabis beyond the locations identified on a manifest.

(7) The limitation in Subsection R68-41-3(6)(f) does not apply to the transport of medical cannabis from a medical cannabis cardholder to be returned to the home delivery medical cannabis pharmacy.

(8) Vehicles used for home delivery may be subject to inspection by the department at any time.

(9) If medical cannabis goes missing during a home delivery route, the pharmacy agent or courier agent, shall:

(a) notify the home delivery medical cannabis pharmacy's supervising PMP within 24 hours of when the pharmacy agent or courier agent first became aware of the missing product;

(b) provide information regarding the missing product to the department and local law enforcement; and

(c) log the missing products into the ICS.

(10) A courier may not store medical cannabis at its facility. Medical cannabis delivered by the courier must be picked up from a home delivery medical cannabis pharmacy facility and either delivered to the medical cannabis cardholder's residence or returned to the home delivery medical cannabis pharmacy facility.

Notes

Utah Admin. Code R66-6-3

Adopted by Utah State Bulletin Number 2024-10, effective 5/13/2024