SALT LAKE CITY, Utah, Dec. 3, 2018 (Gephardt Daily) — A controversial compromise, with roots in Proposition 2 — the controversial medical marijuana initiative passed in November by Utah voters — has been signed into law by Gov. Gary Herbert.
Herbert signed H.B. 3001 Monday night, just hours after a special legislative session forged a compromise between Prop 2 backers and a coalition opposed to the original proposition.
In a prepared statement, Herbert praised the bill’s passage, calling it the top medical marijuana law in the nation.
“This is a historic day. With the passage of the Utah Medical Cannabis Act, Utah now has the best-designed medical cannabis program in the country. Working with trained medical professionals, qualified patients in Utah will be able to receive quality-controlled cannabis products from a licensed pharmacist in medical dosage form. And this will be done in a way that prevents diversion of product into a black market.
“This is an example of how collaboration makes Utah the best-managed state in the nation. Proponents and opponents came together to honor the voice of Utah voters who compassionately stood up for Utah patients. They provided for access to medical cannabis, while closing loopholes that have created significant problems in other states that have legalized medical cannabis.
“I applaud Speaker Greg Hughes and Senator Evan Vickers for their leadership and sponsorship of this bill. I am also grateful to Connor Boyack from Libertas Institute, DJ Schanz from the Utah Patients Coalition, Michelle McComber from Utah Medical Association and the many other voices from across the state who came together to pass this legislation.
“My administration is committed to full implementation of this act as quickly as feasible.”
H.B. 3001 puts more restrictions on patients than the original Proposition 2, which was supported by 53 percent of Utah voters.
Differences include banning home cultivation for patients, fewer dispensaries, and a requirement that pharmacists be involved in dispensing marijuana and make dosage recommendations.
“This bill is undoubtedly inferior to the law enacted by voters in November,” said Marijuana Policy Project Deputy Director Matthew Schweich in a statement on the MPP website. Schweich oversaw MPP’s Utah operations in 2017-2018.
“However, Proposition 2 would very likely have been defeated without the compromise deal, which prevented an onslaught of opposition spending. Advocates made the responsible decision to negotiate with opponents and ensure that patients were not left without any access to medical cannabis.
“While this legislation is not ideal, it is a major step forward for Utah and it will help patients and families across the state. This law will enable patients to safely and legally access the medical cannabis treatments they need, and it can be improved upon in future legislative sessions. It’s now time to move forward, and we call on the state government to implement this new policy without delay.”
Connor Boyack, president of Utah’s Libertas Institute, also released a statement:
“Contrary to critics’ assertions, House Bill 3001 is a workable solution to provide reliable access for patients in Utah seeking medical cannabis. For years, we have been seeking a balance between political concessions and pushing the needle as far in favor of medical freedom as we could. This negotiated result is a decent balance to get the program underway.
“With this result, a major gutting of Prop 2 has been prevented, unlike what we have seen in the past and may see in the future on other issues.”
Others, who were opposed to Monday’s passage of the Prop 2 compromise, were less charitable in their reaction to Monday’s outcome.
“I just got home from a very infuriating day at the Utah Legislature, meeting in Special Session,” said Sen. Jim Dabakis. “The Republicans replaced the voter’s verdict on Prop 2 with their own nightmare version of Medical Cannabis. The GOP ‘compromise’ plan will make it much harder, if not impossible, for patients to get the help they need.”
Former Salt Lake City mayor and attorney Ross “Rocky” Anderson said the new version of the law subverts the will of Utah voters while catering to special interest groups, most notably The Church of Jesus Christ of Latter-day Saints.
Prior to the special session, Anderson put the LDS Church and state legislators on notice, saying they should not destroy any records documenting potential interference with the Proposition 2 initiative approved by voters.
The Church had lobbied heavily against the original ballot measure and was a key player in forging Monday’s compromise. Anderson claims the Church’s involvement violates the Utah constitution.
“We felt it was very important they understand we are contemplating legal action,” Anderson told Gephardt Daily. “We are asking everybody to refrain from destroying any documents or any electronic data.”
Christine Stenquist, founder of TRUCE (Together for Responsible Use and Cannabis Education) is one of the clients Anderson is representing in the potential lawsuit.
On Monday, she admonished the state legislators who crafted the compromise.
“The citizens of Utah jumped through hoops that they needed to jump through to pass an initiative and the first business day you undermine and you remove our voice. That’s a problem,” she said.
Chritine (founder of TRUCE) your last statement about them jumping threw hoops is right. It does seem like that is a problem.
The revised proposition will lead to greater use of illegal marijuana.
Herbert hughes and boyak had no right to cook up this ridiculous so called compromise. They overrode the will of voters and our Utah constitution. The Mormon church pulls the strings on puppet herbert. Our state democracy gas been compromised by Mormons and big pharma. So sad for voters, patients and veterans.