Committee advances annual cannabis bill that professionalizes licensing board and allows pharmacy access to low-THC products

A Utah committee on Tuesday favorably recommended third-substitute HB 389, the annual medical cannabis and industrial hemp update that makes staffing, funding and regulatory changes to the state's program.

Sponsor representatives said the bill replaces the current seven-member volunteer licensing board with a three-person professional board whose full-time duties will be to support the Department of Agriculture and Food (UDAF) and stakeholders. "It was recommended that we take a look at that," the sponsor said, explaining the change responds to an Office of the Legislative Auditor General (OLAG) audit that suggested the licensing board structure could be updated.

HB 389 would allow UDAF to charge a small transaction fee to support regulatory activities, and explicitly classify low-THC products (0.03% THC or less) manufactured by licensed medical cannabis processors as medical cannabis products available in pharmacies. The changes are intended to improve patient access to carefully tested low-THC products and to capture regulatory costs that the program currently underfunds.

Dr. Brandon Forsyth of the Utah Department of Agriculture and Food said the bill contains "small but very important changes," from surveillance provisions to funding for data systems, and he thanked the legislature for additional funding to support the program.

Senator Escamilla moved to favorably recommend the bill; the committee voted aye and passed the measure out of committee. The sponsor and committee members emphasized staff and interagency collaboration that shaped the annual bill.

Next steps: HB 389 will be reported to the Senate with a favorable recommendation and any accompanying statutory language will move forward for floor consideration.