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Mormon Church Faces Potential Lawsuit Over Medical Marijuana Opposition

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One week after Utah voters approved a medical marijuana ballot initiative, a lawyer representing patients and advocates has formally notified the Mormon church to preserve records ahead of a potential lawsuit concerning its alleged attempts to undermine the measure.

It’s no secret that the church opposed the medical cannabis initiative, which ultimately passed by roughly 52-46 percent, with some ballots still left to be counted. Though the organization said it supports medical cannabis reform, it vehemently resisted Proposition 2 and implored church members to vote against it.

Advocates and opponents reached a tentative compromise last month ahead of Election Day to have the Utah state legislature pass legislation during a special session ensuring access to medical marijuana. But not all legalization proponents felt encouraged by the deal, and the new legal notice to the church signals continued battles over exactly how the state’s patients will access legal cannabis.

Several Utah lawmakers, the Utah Patients Coalition and the Utah Medical Association were also named in the notice and asked to maintain records.

The church has “a long history of dominating and interfering with the government of the State of Utah, often dictating to state and municipal legislators what legislative measures or policies they are to support or oppose,” attorney Rocky Anderson, a former mayor of Salt Lake City, wrote in the notice, which was shared with Marijuana Moment.

“That dominance and interference is prohibited by the Utah Constitution.”

Whether or not there will be a lawsuit remains unclear, as Anderson wrote that it was up to the claimants who reached out to him to determine if that was the best course of action. Advocacy groups TRUCE and the Epilepsy Association of Utah, along with several patients, are listed as claimants in the document.

Brian Stoll, a reform advocate who has served as a spokesperson for TRUCE and is also a member of the church, told Marijuana Moment that he does expect a lawsuit to go forward.

“Speaking as myself, not TRUCE, I do believe that they have every intention of going forward with the lawsuit if only to get lawmakers under oath discussing the domination of the political process in Utah of the Church of Jesus Christ of Latter-day Saints on record,” he said. “There have been many stories over the years about their undue influence, including some accounts published by lawmakers detailing how intimately involved they are in legislation regarding certain topics.”

“As you know, I’m an active member of The Church, and that will remain true. However, after having worked with the Utah legislature for the better part of three years where I saw this happen, and seeing all their work to thwart Prop 2 including having the ability to call a special session, I feel that it’s unethical and not right for them to have such an influence.”

If there is a lawsuit, the church is being implored to preserve a wide range of records, both physical and electronic. Anderson alleges that the church forced the special session “to radically undermine and alter the new law,” which he claims amounts to a constitutional violation.

“Vastly altering the law mandated by the people is contrary not only to the popular will, but contrary to the intention expressed in the Utah Constitution that the people can, through an initiative, directly exercise their constitutionally guaranteed legislative power,” he wrote.

In a statement provided to Marijuana Moment, a spokesperson for the Mormon church said “we have worked, from the outset, with medical professionals, law enforcement, educators and many other groups and prominent community leaders to seek the best for the people of Utah, to provide relief from human pain and suffering, especially where children are concerned.”

“Broad community engagement was the reason a workable, beneficial and safer medical cannabis program was put together at the direction of state leadership. We stand behind and look forward to the safe, responsible and  compassionate solution that will be considered by the state legislature,” the spokesperson said.

Read the full notice below.

Notice to Maintain Records – LDS Domination – Prop. 2 by Marijuana Moment on Scribd

UPDATE: This story has been updated to include comments from reform advocate and Mormon church member Brian Stoll, as well as a statement from the church. 

Utah Voters Approve Medical Marijuana Legalization Ahead Of Compromise Deal

Photo courtesy of Chris Wallis // Side Pocket Images.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

Politics

Santa Cruz City Council Approves Psychedelics Decriminalization Measure

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The Santa Cruz, California City Council unanimously voted in favor of a resolution on Tuesday that would effectively decriminalize a wide range of psychedelics by making them among the city’s lowest law enforcement priorities.

The measure—which was originally sponsored by then-Vice Mayor Justin Cummings (D), who’s since become mayor—says the city shouldn’t expend “resources in the investigation and arrest of persons twenty-one (21) years of age and older solely for the personal use and personal possession of Entheogenic Plants and Fungi” such as psilocybin, ayahuasca and ibogaine.

It further stipulates that possession and use of psychedelics by adults “should be considered among the lowest law enforcement priorities for the City of Santa Cruz.”

This is the latest in a series of local policy victories for the psychedelics reform movement, which kicked off with a successful ballot measure vote in Denver to decriminalize psilocybin mushrooms last May. Oakland’s City Council then unanimously approved a measure to make a broad range of plant- and fungi-derived psychedelics among the city’s lowest law enforcement priorities.

Now activists across the country are hoping to replicate that resolution, with organizers in roughly 100 cities aiming to decriminalize certain psychedelic substances through ballot initiatives and legislative action at the local level.

In November, Santa Cruz’s City Council heard testimony from the group behind the resolution, Decriminalize Santa Cruz. It was then referred to the Public Safety Committee and was amended prior to returning to the full body for a final vote.

Councilmembers revised the original measure in order to “to recognize the need for harm reduction and education for youth and families about drug prevention.” A provision was also inserted to clarify that “the sale, use and cultivation of Entheogenic Plants and Fungi to and by minors should be considered an exception that should require appropriate investigation by the Santa Cruz City Police Department.”

The word “cultivation” was also removed from provisions specifying the measure’s scope. But before the full Council vote on Tuesday, several advocates used the public comment portion of the meeting to urge that it be added back in, and members adopted that request before approving the final resolution.

“With possession and use being inserted without cultivation, that actually encourages the black market because there’s nowhere else to go,” Cummings, the mayor, said. “If people are are cultivating at themselves they know exactly what they’re producing.”

Activists celebrated their city becoming the third in the U.S. in less than a year to decriminalize certain psychedelic substances.

“These eight months we’ve been working on the resolution, I’ve met so many people whose lives were saved by entheogenic plants and fungi,” Julian Hodge, a founder of Decriminalize Santa Cruz and a member of Students for Sensible Drug Policy, told Marijuana Moment. “The Santa Cruz City Council took a great step to help those people today. I am incredibly proud to be part of this movement, and can’t wait to see the change we continue to make in the future.”

Another provision of the measure instructs the city’s state and federal lobbyists to “work in support of decriminalizing all entheogenic psychoactive plants, and plant and fungi-based compounds listed in the Federal Controlled Substances Act.”

Beyond Decriminalize Santa Cruz, a newly formed group called Project New Day also advocated for the reform move. The organization, which is focused on promoting research into psychedelics for the treatment of addiction and other mental health conditions, sent a press release on Tuesday highlighting comments from a military veteran who overcame addiction with the help of medically supervised psychedelics treatment.

“Psychedelic-assisted therapy saved my life,” Dylan Jouras said. “It’s important that people know there is an effective way to get better from addiction and deep mental health issues.”

While the local Santa Cruz resolution wouldn’t allow legal sales of psychedelics, another group of advocates is currently collecting signatures toward placing a broad statewide psilocybin legalization initiative before California voters on the November ballot.

In Oregon, organizers are hoping to put a proposal before voters that would legalize psilocybin for therapeutic use. Separately, a campaign in that state is pushing a measure to decriminalize possession of all drugs with a focus on funding substance misuse treatment.

Democratic presidential candidate Andrew Yang said at an Iowa campaign stop last week that he wants to legalize psilocybin for military veterans.

Andrew Yang Wants To Legalize Psychedelic Mushrooms For Military Veterans

Photo elements courtesy of carlosemmaskype and Apollo.

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New Mexico Lawmakers Approve Marijuana Legalization Bill

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A New Mexico Senate committee approved a bill on Tuesday that would legalize marijuana for adult use.

With a little more than three weeks left in the state’s short 2020 legislative session, lawmakers are making clear their intent to advance the legalization proposal in a timely fashion.

The bill, which is supported by Gov. Michelle Lujan Grisham (D), cleared the Senate Public Affairs Committee in a 4-3 vote.

Sen. Jacob Candelaria (D) led the introduction of the bill before the committee, testifying that he believes “2020 is the year New Mexico becomes the third state to enact legalization of cannabis through legislative action,” following Vermont and Illinois.

“We know that New Mexicans across the state, from rural to urban centers, are with us on this issue.”

“Bringing an underground market aboveground takes a lot of deliberation, statewide input from community members and stakeholders, ingenuity and learning from other states’ experiences,” the senator, who is himself a medical cannabis patient, said. “The criminalization of cannabis disproportionately harms and criminalizes young people and people of color, sponsors violence and corruption by those who currently exclusively trade in cannabis in the black market. The current situation, our status quo that relies on a black market outside of the medical program, does nothing to curb youth access to cannabis.”

The governor included legalization in her formal 2020 legislative agenda and discussed the importance of establishing a well-regulated and equitable cannabis market in her State of the State address this month.

The day after Lujan Grisham’s agenda was released, lawmakers filed the legalization bill, which would allow adults 21 and older to possess and purchase marijuana from licensed retailers. The legislation also contains social justice provisions such as automatic expungements for prior cannabis possession convictions.

The proposal would not allow home cultivation; however, it does decriminalize the cultivation of up to three plants and six seedlings, making the offense punishable by a $50 fine without the treat of jail time.

Additionally, the bill would eliminate the gross receipts tax for medical cannabis sales, mandate that recreational dispensaries service registered patients and create a subsidy program for low-income patients to access marijuana.

Recreational cannabis sales would be taxed at nine percent, with revenue going toward that subsidy program in addition to a “cannabis industry equitable opportunity investment fund” to support entrepreneurs from communities most impacted by the drug war, a “community grants reinvestment fund” and a workplace training program, among other programs.

According to a fiscal analysis, the state stands to bring in nearly $6.2 million in recreational cannabis revenue in Fiscal Year 2021. By FY20204, that amounts would rise to nearly $34 million. Municipalities and counties would rake in additional revenues.

“Legalizing and regulating will bring one of the nation’s largest cash crops under the rule of law, generating an estimated between 11,000 and 13,000 jobs for New Mexicans in every corner of the state,” Candelaria said.

The legislation must still pass in two other panels—Judiciary and Finance—before it gets a full vote on the Senate floor.

This latest development at the committee-level is the product of months of work from legislators and the governor’s administration. Last summer, Lujan Grisham formed a working group tasked with reaching out to community members and stakeholders, studying various components of cannabis regulation and submitting recommendations ahead of the current session.

The final report, which was released in October, laid out a number of proposed rules and restrictions for a legal marijuana market.

Earlier last year, the New Mexico House of Representatives approved a bill to legalize marijuana but it later died in the Senate. Lawmakers did send Lujan Grisham a more limited bill to simply decriminalize cannabis possession, which she signed.

While it’s possible that the current committee-passed legislation will be amended as it makes its way to a full Senate vote, or that companion legislation could be changed in the House, recent polling shows that New Mexico residents are widely in favor of the general policy change. Three-out-of-four residents who participated in a state-funded survey that was released last month said they back legalization.

If all goes according to the governor’s plan, a final legalization bill will be delivered to her desk by the end of the session—and upon her signature, New Mexico would likely become the 12th state to legalize recreational marijuana.

That said, lawmakers in states across the U.S. are eyeing cannabis reform this year, and a marijuana legalization bill advanced in a New Hampshire House committee earlier on Tuesday.

New Hampshire Lawmakers Approve Marijuana Legalization Bill

Photo courtesy of Philip Steffan.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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New Hampshire Lawmakers Approve Marijuana Legalization Bill

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A New Hampshire House committee approved a bill on Tuesday that would legalize marijuana for adult use in the state.

While the legislation doesn’t provide for retail sales, it would allow individuals 21 and older to possess and gift up to three-fourths an ounce of cannabis and grow up to six plants. The model would be similar to neighboring Vermont’s non-commercial cannabis system.

The Criminal Justice and Public Safety Committee advanced the bill in a 13-7 vote.

“I think that the legalization of cannabis is more popular than the legislature itself or the governor or any other political entity in the state of New Hampshire,” Chairman Renny Cushing (D) said prior to the vote. “This is something that the people of the state of New Hampshire want. They don’t want to be treated like they’re criminals if they have a plant.”

Watch New Hampshire lawmakers discuss the marijuana legalization bill below:

This vote comes a week after the panel held a hearing on the proposal, with advocates and stakeholders testifying in favor of the reform move.

“Like most Granite Staters, this committee understands that it’s time for New Hampshire to stop prohibiting cannabis,” Matt Simon, New England political director for the Marijuana Policy Project, said in a press release. “Adults in the ‘Live Free or Die’ state should not be punished for their choice to use a substance that is objectively less harmful than alcohol.”

“Now that New Hampshire is literally surrounded by jurisdictions where cannabis is legal for adults, our current policies can no longer be justified in any way,” he said. “It’s time for the House, Senate and Gov. Chris Sununu to work together and move cannabis policies into the 21st century.”

A floor vote by the full House of Representatives is expected on February 6.

Tax-and-regulate marijuana legislation has advanced in the legislature in prior sessions, but it never arrived on the governor’s desk.

Even if it did make it that far, however, it’s unclear if Sununu, a Republican, would sign it. He’s voiced opposition to commercial legalization, and he vetoed a bill last year that would’ve allowed medical cannabis patients to cultivate their own marijuana, raising questions about whether he’d be willing to support this latest measure extending that right to all adults over 21.

In any case, the New Hampshire development comes amid a flurry of legislative activity around cannabis in the Northeast.

New York Gov. Andrew Cuomo (D) included legalization in his budget last week, as did Rhode Island’s governor, who pitched a state-run cannabis model in her plan. In New Jersey, the legislature approved a referendum to put the question of recreational legalization before voters during the November election. Top lawmakers in Connecticut are also confident  that marijuana reform will advance this year. In Vermont, advocates are hopeful that lawmakers will add a legal sales component to the state’s current noncommercial cannabis law.

Vermont Governor ‘At The Table’ On Marijuana Legalization Talks, Top Lawmaker Says

Photo courtesy of Philip Steffan.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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