One of the things that concerns state lawmakers attempting to craft medical cannabis laws is the potential for doctors to personally profit off making medical cannabis recommendations. It was certainly a concern here in Utah when our legislators translated Proposition 2 into an applicable statute. So what does the statute say?
It limits the business opportunities available to Utah qualified medical providers (QMPs). Note that a QMP is a medical provider with prescribing authority in the state who has completed continuing education to earn certification for recommending medical cannabis. A QMP can be a doctor, nurse practitioner, physician assistant, or podiatrist.
4 Things QMPs Cannot Do
In order to ensure that the state’s medical cannabis program remains on the up-and-up, lawmakers built in certain restrictions. There are four things in particular that Utah QMPs are not allowed to do, in relation to their business dealings:
1. Act as a Pharmacy Agent
Under state law, a pharmacy agent is a certified professional who works in a medical cannabis pharmacy to assist with dispensing medications. QMPs are not allowed to hold that role or title. They may not act as pharmacy agents in any way, shape, or form.
2. Have a Significant Interest in a Pharmacy
The second thing Utah QMPs are not allowed to do is hold a significant interest in a medical cannabis pharmacy. ‘Significant interest’ is defined by state law as 2% or more of a financial or voting interest.
3. Manage or Control a Medical Cannabis Pharmacy
Hand-in-hand with the significant interest aspect is managing or controlling a medical cannabis pharmacy. State law prohibits QMPs from having direct power or indirect management control over an organization like Beehive Farmacy.
4. Receive Compensation or Other Benefit
Finally, Utah QMPs are not allowed to receive any compensation or other benefit derived as a result of medical cannabis treatment. A QMP can be compensated for their patient services, but no compensation can come from:
- A cannabis production establishment
- A medical cannabis pharmacy
- Another QMP or a pharmacy medical provider (PMP)
In relation to cannabis production establishments and medical cannabis pharmacies, the prohibition against compensation also extends to company owners, officers, board members, employees, and agents. None of them can provide compensation or other benefits to QMPs as a direct result of a patient’s treatment.
Maintaining Medical Integrity
Although the regulations controlling QMP business activities may seem a bit stringent, they are designed to maintain medical integrity. State voters approved Proposition 2 nearly seven years ago in order to give qualified patients access to medical therapies previously not allowed. The program is, and always has been, medical in nature.
By prohibiting a medical provider’s ability to make money on cannabis, the state has prevented card mills and other undesirable business operations in the state. Medical integrity has been preserved to the benefit of patients and their families.
If You Are New to Medical Cannabis
If you are new to medical cannabis in Utah, welcome aboard. There are tens of thousands of others in the ever-growing community. What you have read in this post doesn’t even scratch the surface of all there is to know about Utah’s medical cannabis statute.
We cannot thoroughly educate you on our own, but we can assist you in your medical cannabis journey with high quality products and knowledgeable staff. We invite you to visit our Salt Lake City or Brigham City location where you will find a good selection of medical cannabis products supported by knowledgeable pharmacy agents and an on-site PMP. We are happy to help whenever our doors are open.
