State lawmakers approve changes to medical cannabis law

By Morgan Smith
Associated Press

SALT LAKE CITY (AP) — Utah legislators approved changes to the state’s medical marijuana law, an issue that has faced fierce criticism from people on both sides of the debate.

The Utah Senate and House of Representatives voted unanimously Monday evening during a special session to send the proposal to Republican Gov. Gary Herbert’s desk.

The measure would replace plans for an unusual state-run dispensary system with 14 privately run pharmacies and adopt protections for patients who are concerned they could be prosecuted for drug crimes, among other changes.

Utah backtracked from the state-run dispensary after county attorneys expressed concern that such a system would put public employees at risk of being prosecuted under federal drug laws.

Republican Senate Majority Leader Evan Vickers, who drafted the law, said his team is “doing everything we can” to improve patient access and have product ready by next March.

Some lawmakers said they still have heartburn over certain aspects of the bill, sharing reservations about product distribution and a looming fear of federal prosecution.

Democratic Sen. Derek Kitchen said he’s concerned patients in rural parts of the state may have to pay more to access marijuana.

Before the House vote, Republican Rep. Keven Stratton suggested Utah seek a federal waiver to protect the state program from prosecution under federal drug laws.

Marijuana is banned at the federal level, though a congressional amendment blocks the Justice Department from interfering with states’ medical marijuana programs.

The measure dictated that the courts may not treat a medical marijuana patient differently from someone who uses any other prescribed, controlled substance.

Another change prohibited the state from issuing cultivation and pharmacy licenses to legislators.

“A lot of money flows through this industry, some back to legislators,” Vickers said. “We don’t want legislators to have undue influence in an industry they want to have ownership in.”

Debates in the chamber reflected ongoing tensions over amendments regarding distribution and prosecution of drug crimes.

Utah residents voted to legalize medical marijuana via ballot measure in November.

The revised law became effective in December after a compromise that secured the support of The Church of Jesus Christ of Latter-day Saints and some marijuana advocates.