Regular rulemaking procedures would cause an imminent peril to the public health, safety, or welfare; and place the agency in violation of federal or state law.

Justification:The Utah Department of Agriculture and Food (UDAF) believes emergency rulemaking procedure under Section 63G-3-3-304 is necessary for the following reasons:Risk of placing UDAF in violation of state law:UDAF is concerned that under the best of circumstances, it will not be able to meet its latest date to comply with the Utah Medical Cannabis Act (UMCA) -- "on or before" March 1, 2020 -- in making medical cannabis available to patients if it cannot employ emergency rulemaking procedure.After the Electronic Verification System has been properly vetted through the RFP and licenses have been issued to cultivators, cultivators must plan, prepare and set up security systems before it can start its four-month growing cycle for its first harvest.Once harvested, all cannabis flowers must be trimmed, dried, and cured prior to patient consumption, and all other cannabis biomass is sent for processing.Depending on the product, either option can require up to two months lead time.Allowing for safe and reasonable operations to license, prepare, plant, grow, process, and transport a first harvest is estimated at eight months.Imminent public health and welfare concern for patients:Medical cannabis was legalized by referendum because the majority of voters in the state wanted medical cannabis available for suffering patients.The Governor has made it clear through public address in the media that his priority with medical cannabis is to make it available as fast as possible, and as cheaply as possible.In addition to a first harvest, cultivators need time to produce sufficient inventory to meet patient demand.While the UMCA drives a hardened March 1, 2020 date, it likewise contemplates making medical cannabis available prior to that date.Imminent peril to public safety and welfare due to economic harm to licensees:If cultivators are not given sufficient time to properly meet deadlines, they could suffer monetary losses.Imminent peril for public safety and welfare:One of the greatest concerns UDAF has in regulating medical cannabis is diversion.Cultivators need proper set up time for security systems prior to planting.UDAF wishes to avoid concerns of rushed security set up measures which are established by rule.Concerns for meeting operation deadlines rushes a safe and secure process.Emergency rulemaking will provided the needed time for cultivators.