R66. Agriculture and Food, Medical Cannabis and Industrial Hemp.

R66-1. Cannabis Cultivation.

R66-1-1. Authority and Purpose.

Pursuant to Subsections 4-41a-103(5), 4-41a-204(2)(e), 4-41a-302(3)(b)(ii), 4-41a-404(3), 4-41a-405(2)(b)(iv), 4-41a-701(3), 4-41a-801(1), and 4-2-103(1)(i), this rule establishes the application process, qualifications, and requirements to obtain and maintain a cannabis cultivation facility license.

R66-1-2. Definitions.

As used in this rule:

(1) "Board" Means the Cannabis Production Establishment and Pharmacy Licensing Advisory Board created in Section 4-41a-201.1.

(2)(a) "Cannabis" means any part of a marijuana plant.

(b) "Cannabis" does not mean, for purposes of this rule, industrial hemp.

(3) "Cannabis cultivation facility" means a person that:

(a) possesses cannabis;

(b) grows or intends to grow cannabis; and

(c) sells or intends to sell cannabis to a cannabis cultivation facility or a cannabis processing facility.

(4) "Cannabis cultivation facility agent registration card" means a registration card that the department issues that:

(a) authorizes an individual to act as a cannabis production establishment agent; and

(b) designates the type of cannabis production establishment for which an individual may act as an agent.

(5) "Department" means the Utah Department of Agriculture and Food.

(6) "Indoor cannabis cultivation" means cultivation of cannabis within a fully enclosed secure indoor facility or greenhouse with rigid walls, a roof, and doors.

(7) "Lot" means the quantity of:

(a) flower produced on a particular date and time, following clean up until the next clean up during which the same materials are used; or

(b) trim, leaves, or other plant matter from cannabis plants produced on a particular date and time, following clean up until the next clean up.

(8) "Outdoor cannabis cultivation" means an open or cleared ground fully enclosed at the perimeter by a securable, sight obscure wall or fence at least eight feet high.

R66-1-3. Cannabis Cultivation Facility License.

(1) A cannabis cultivation facility license allows the licensee to propagate, cultivate, harvest, trim, dry, cure, and package cannabis into lots for sale or transfer to a cannabis production facility.

(2) A cannabis cultivation facility may produce and sell cannabis plants, seed, and plant tissue culture to other licensed cannabis cultivation facilities.

(3) The cannabis cultivation facility license shall expire on December 31st.

R66-1-4. Cannabis Cultivation Facility Requirements.

(1) A cannabis cultivation facility operating plan shall meet the requirements described in Section 4-41a-204 and contain a blueprint or diagram of the facility containing the following information:

(a) for indoor cannabis cultivation, the square footage of the area where cannabis is to be propagated;

(b) for indoor cannabis cultivation, the square footage of the area where cannabis is to be grown;

(c) the area where cannabis is to be harvested;

(d) the area where cannabis is to be dried, trimmed, and cured;

(e) the area where cannabis is to be packaged for wholesale;

(f) the total square footage of the cultivation facility;

(g) location of areas to be used as a storeroom;

(h) the location of the toilet facilities and hand washing facilities;

(i) the location of a break room and location of personal belonging lockers; and

(j) the location of the area to be used for loading and unloading of cannabis product for transportation.

(2) For outdoor cannabis cultivation, the operating plan shall contain a detailed aerial photograph of the area on which the following information is shown:

(a) the area where cannabis to be propagated; and

(b) the area where cannabis is to be grown.

(3) A cannabis cultivation facility operating plan shall include a waste disposal plan that complies with Section 4-41a-405.

(4) A cannabis cultivation facility shall have a written plan to handle potential destruction of cannabis because of contamination.

(5) A cannabis cultivation facility shall use a standardized scale that is registered with the department when cannabis is weighed for entry into the inventory control system.

R66-1-5 Indoor and Outdoor Cannabis Cultivation Limitations.

Pursuant to Subsection 4-41a-204(2)(e), a cannabis cultivation facility that uses a combination of indoor and outdoor cultivation shall be subject to the following formula:

(1) the cannabis cultivation facility may use no more than a total of two acres outdoors and 50,000 square feet indoors for cultivation; or

(2) the cannabis cultivation facility may use less than two acres outdoors or 50,000 square feet indoors for cultivation but may not exceed the indoor or outdoor limit.

R66-1-6. Security Requirements.

(1) At a minimum, a licensed cannabis cultivation facility shall have a complete video surveillance system:

(a) with a minimum camera resolution of 640 x 470 pixels or pixel equivalent for analog; and

(b) that allows for the clear and certain identification of any person or activities.

(2) Visitors to a cannabis cultivation facility shall be required to have a properly displayed identification badge issued by the facility while on the premises of the facility.

(3) Cannabis cultivation facility visitors shall be escorted by a cannabis cultivation facility agent while in the facility.

(4) A cannabis cultivation facility shall keep and maintain a log showing:

(a) the full name and age of each visitor entering the facility;

(b) the badge number issued;

(c) the time of arrival;

(d) the time of departure; and

(e) the purpose of the visit.

(5) The visitor log shall be maintained by the cannabis cultivation facility for a minimum of one year.

(6) The cannabis cultivation facility shall make visitor log available to the department upon request.

R66-1-7. Inventory Control.

(1) Each cannabis plant, lot of usable cannabis trim, leaves, and other plant matter, test lot, and harvest lot shall be issued a unique identification number in the inventory control system.

(2) Unique identification numbers cannot be reused.

(3) Each cannabis plant, lot of usable cannabis trim, leaves, and other plant matter, cannabis product, test lot, harvest lot, and process lot that has been issued a unique identification number shall have a physical tag with the unique identification number.

(4) The tag shall be legible and placed in a position that can be clearly read and kept free from dirt and debris and include the following information:

(a) unique identification number;

(b) batch or lot number;

(c) strain;

(d) facility name and license number; and

(e) date entered into the inventory control system.

(5) A receiving cannabis cultivation facility shall:

(a) document in the inventory control system any cannabis received, and any differences between the quantity specified in the transport manifest and the quantities received; and

(b) within one week of receipt, notify the department of disparities in the quantity of cannabis received that are greater than 10% from the manifest recorded amount.

(6) For plants under eight inches, the cultivation facility shall keep record of:

(a) the number of cannabis seeds or cuttings planted;

(b) the date they were planted;

(c) the date the plants were moved into the vegetation area and tagged;

(d) the strain of the seeds or cuttings;

(e) the number of plants grown to maturity;

(f) the number of plants disposed of; and

(g) the date of disposal.

R66-1-8. Cannabis Cultivation Facility Agents.

(1) A cannabis cultivation facility is responsible to ensure that each cannabis cultivation facility agent has received any task specific training as outlined in the operating plan submitted to the department.

(2) A cannabis cultivation facility agent shall have a properly displayed identification badge which has been issued by the department while on the facility premises or while engaged in the transportation of cannabis.

(3) Each cannabis cultivation facility agent shall have their state issued identification in their possession to certify the information on their badge is correct.

R66-1-9. Irradiation of Cannabis Plants.

(1) A cannabis cultivation facility may utilize radiation-based methods and equipment for

quality assurance or remediation purposes if:

(a) the method is approved in their operating plan, that includes:

(i) type of radiation or ionizing energy source;

(ii) equipment; and

(iii) documentation of state approval by the Utah Department of Environmental Quality; and

(b) if being used for remediation, the cultivator has submitted and received approval from the department.

(2) Batches or lots of cannabis treated by radiation shall be noted in the inventory control system, and each container of the batch or lot shall be stickered with the radura symbol until the batch is completely used or destroyed.

(3) The cultivator shall maintain the records required by this section for three years after the final disposition of the irradiated cannabis, and shall make the records available for inspection and copy by the department. Records include:

(a) the cannabis batch treated;

(b) lot identification;

(c) approved operating plan and evidence of compliance with the operating plan;

(d) ionizing energy source;

(e) source calibration;

(f) dosimetry;

(g) dose distribution in the product;

(h) the date of irradiation;

(i) final products that were made by the irradiated cannabis; and

(j) processors the plant product was sent to.

(4) The label of a cannabis product that contains irradiated cannabis shall display:

(a) the radura symbol that is at least one-sixteenth inch in height; and

(b) the statement: "Treated with radiation" in text as prominent as the ingredients.

(5) The radura symbol and statement shall be placed prominently and conspicuously on the label.

(6) A cultivator shall notify a processor that the product has been irradiated before purchase.

R66-1-10. Recall Protocol.

(1) The department may initiate a recall of cannabis or cannabis products if:

(a) evidence exists that pesticides not approved by the department are present on or in the cannabis or cannabis product;

(b) evidence exists that residual solvents are present on or in cannabis or cannabis product;

(c) evidence exists that harmful contaminants are present on or in cannabis or cannabis product; or

(d) the department believes or has reason to believe the cannabis or cannabis product is unfit for human consumption.

(2) A cannabis cultivation facility's recall plan shall include, at a minimum:

(a) designation of at least one member of the staff who serves as the recall coordinator;

(b) procedures for identifying and isolating product to prevent or minimize distribution to patients;

(c) procedures to retrieve and destroy product; and

(d) a communications plan to notify those affected by the recall.

(3) The facility must track the total amount of affected cannabis or cannabis product and the amount of affected cannabis or cannabis product returned to the facility as part of the recall.

(4) A cannabis cultivation facility shall coordinate the destruction of the cannabis or cannabis product with the department and allow the department to oversee the destruction of the affected product.

(5) The department shall periodically check on the progress of the recall until the department declares an end to the recall.

(6) A cannabis cultivation facility shall notify the department before initiating a voluntary recall.

R66-1-11. Minimum Requirements for the Storage and Handling of Cannabis.

(1) Storage areas shall provide adequate lighting, sanitation, temperature, humidity, space, equipment, and security conditions for the storage of cannabis.

(2) Stored cannabis shall be at least six inches off the ground.

(3) Cannabis shall be stored away from other chemicals, lubricants, pesticides, fertilizers, or other potential contaminants.

(4) Cannabis that is outdated, damaged, deteriorated, misbranded, adulterated shall be stored separately by physical barrier until it is destroyed.

R66-1-12. Change in Operation Plans.

(1) A cannabis cultivation facility shall submit a notice, on a form provided by the department, before making any changes to:

(a) ownership or financial backing of the facility;

(b) the facility's name;

(c) a change in location;

(d) any modification, remodeling, expansion, reduction or physical, non-cosmetic alteration of a facility; or

(e) change in square footage or acreage of cannabis intended to be cultivated.

(2) A cannabis cultivation facility may not implement changes to the approved operation plan without department approval.

(3) The department shall approve of requested changes unless approval would lead to a violation of the applicable laws and rules of the state.

(4) The department shall specify the reason for the denial of approval for a change to the operation plan.

R66-1-13. Renewals.

(1) A cannabis cultivation facility shall submit a notice of intent to renew the cannabis cultivation facility license and the licensing fee to the department by November 1st.

(2) The licensee shall report information required under Subsection 4-41a-201.1(1)(b)(ii) to the board.

(3) If the cannabis cultivation facility licensing fee and intent to renew the cannabis cultivation facility license are not submitted by December 31st the cannabis cultivation facility licensee may not continue to operate.

(4) Pursuant to Section 4-41a-203, the board shall renew a cannabis cultivation facility license unless they identify a significant violation of the applicable laws and rules of the state.

R66-1-14. Violations Categories.

(1) Public Safety Violations: $3,000 - $5,000 per violation. This category is for violations that present a direct threat to public health or safety including:

(a) use of unapproved pesticide or unapproved agricultural soil amendment;

(b) cannabis sold to an unlicensed source;

(c) cannabis purchased from an unlicensed source;

(d) refusal to allow inspection;

(e) failure to comply with testing requirements;

(f) a test result for high pesticide residue in the cannabis produced or cannabis product;

(g) unauthorized personnel on the premises;

(h) permitting criminal conduct on the premises; or

(i) engaging in or permitting a violation of the Title 4, Chapter 41a, Cannabis Production Establishments.

(2) Regulatory Violations: $1,000 - $5,000 per violation. This category is for violations involving this rule and other applicable state rules:

(a) failure to maintain alarm and security systems;

(b) failure to keep and maintain records for at least two years;

(c) failure to maintain traceability;

(d) failure to follow transportation requirements;

(e) failure to follow the waste and disposal requirements;

(f) engaging in or permitting a violation of Title 4, Chapter 41a, Cannabis Production Establishments or this rule; or

(g) failure to maintain standardized scales.

(3) Licensing Violations: $500- $5,000 per violation. This category is for violations involving licensing requirements including:

(a) an unauthorized change to the operating plan;

(b) failure to notify the department of changes to the operating plan;

(c) failure to notify the department of changes to financial or voting interests of greater than 2%;

(d) failure to follow the operating plan as approved by the department;

(e) engaging in or permitting a violation of this rule or Title 4, Chapter 41a, Cannabis Production Establishments; or

(f) failure to respond to violations.

(4) The department shall calculate penalties based on the level of violation and the adverse effect or potential adverse effect at the time of the incidents giving rise to the violation.

(5) The department may consider enhancing or reducing the penalty based on the seriousness of the violation.

KEY: marijuana, cannabis cultivation facility

Date of Last Change: June 24, 2025

Authorizing, and Implemented or Interpreted Law: 4-41a-404(3); 4-41a-103(5); 4-41a-204(2)(e); 4-41a-302(3)(b)(ii); 4-41a-701(2); 4-41a-405(2)(b)(iv); 4-2-103(1)(i); 4-41a-801(1)