UDAF asks legislature to clarify rulemaking authority after HB54 removal; working group backs letter to licensing board

Officials from the Utah Department of Agriculture and Food told the Medical Cannabis Governing Structure Working Group on May 20 that rulemaking authority has worked but that recent statutory edits created ambiguity the department would like the Legislature to resolve.

The issue matters because HB 54 (2025) struck statutory language that had directed UDAF to divide the state into geographic regions for issuing medical cannabis licenses; UDAF says the statutory removal left conflicting references in code and weakens the department’s explicit authorization to maintain those regions in rule.

"We're actually comfortable exercising whatever level of discretion the legislature and the governor feel is appropriate," said Dr. Brandon Forsyth, director of the medical cannabis program at the Department of Agriculture and Food, and he urged clearer statutory direction. He said that some portions of UDAF rules that appeared to extend beyond statutory authority are being removed after legislative feedback.

The department and the board

Dr. Forsyth and Amber Brown, a deputy commissioner at UDAF, described how the Medical Cannabis Policy Advisory Board review process has slowed rule timelines but provided stakeholder input that the department values. "Having the MCBAAB review our rules does certainly slow down the rule making process a bit," Forsyth said, but the review gives the department broader perspective when drafting rules.

UDAF officials pointed to a specific drafting consequence after the 2025 session. "HB 54 ... struck language in section 4 41 a 1,005 related to instructions for UDAF to divide the state into no less than 4 geographic regions for issuing medical cannabis licenses," staff told the committee. Department staff said the removal left references to regions elsewhere in statute that create ambiguity and recommended restoring clear statutory language.

Legislative direction and a committee letter

Representative David Provo told the group the deletion of regional language was unintended and moved that the working group draft a letter to the Cannabis Establishment Licensing Board clarifying legislative intent: that regions were not intended to be eliminated and that UDAF should maintain the existing regions in rule until the Legislature clarifies statute. The working group voted to send that letter; the motion passed without opposition.

Examples and next steps

Forsyth cited a past example — stricter departmental rules on candy‑like sugar coatings for gummies — where the Legislature clarified intent and the department adjusted enforcement. UDAF said it will continue to tidy rules that exceed statutory authority and invited the working group to provide a letter to the licensing board if members wished to clarify intent on regions.

The working group also reviewed recommendations the Medical Cannabis Policy Advisory Board forwarded to the legislature, including proposals to remove caregiver background‑check requirements and to remove the requirement that patients carry medical cannabis inside an additional opaque bag while traveling in public. Department staff said they were neutral on those two recommendations and reported no clear financial impact if the caregiver background‑check requirement were removed.