4-41a-104.1. Qualified Patient Enterprise Fund -- Creation -- Revenue neutrality -- Uniform fee.

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Effective 5/6/2026

(1)There is created an enterprise fund known as the "Qualified Patient Enterprise Fund."

(2)The fund created in this section is funded from:

(a)money the department deposits into the fund under Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis;

(b)appropriations the Legislature makes to the fund; and

(c)the interest described in Subsection

(3).

(3)Interest earned on the fund shall be deposited into the fund.

(a)Except as provided in Subsection (4)(b) , money deposited into the fund may only be used by:

(i)the department to accomplish the department's responsibilities described in Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis;

(ii)the Center for Medical Cannabis Research created in Section 53H-4-206 to accomplish the Center for Medical Cannabis Research's responsibilities; and

(iii)the department for employing the licensing board;

(iv)if there is remaining money in the fund balance on June 30 of each fiscal year after all other financial obligations under this Subsection

(4)are met, the department shall provide up to $300,000 for expenditure the next fiscal year to the nonprofit contracting entity described in Section 26B-4-248 ; and

(v)the Center for Medical Cannabis Research created in Section 53H-4-206 in an amount of $1,250,000 that:

(A)may be withdrawn each July 1 ending on July 1, 2030, subject to the department's determination that there are sufficient funds in the account to provide the amount described in this Subsection (4)(d) ; and

(B)may be used for additional research conducted by the Center for Medical Cannabis Research.

(b)For money deposited under Section 4-45a-102 , the department shall:

(i)use 10% of the money to the Department of Health and Human Services for tobacco and nicotine prevention purposes; and

(ii)use the remainder of the money to:

(A)expand and improve testing services at the state lab; and

(B)enforce Title 4, Chapter 45a, Specialized Product Regulation.

(5)The department shall set fees authorized under Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, in amounts that the department anticipates are necessary, in total, to cover the department's cost to implement Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis.

(6)The department may impose a uniform fee on each medical cannabis transaction in a medical cannabis pharmacy in an amount that, subject to Subsection

(5), the department sets in accordance with Section 63J-1-504 .

Renumbered and Amended by Chapter 421 , 2026 General Session