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New Resolution Demands Congress Apologize For Failed Drug War

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Congress must recognize the failures of the war on drugs and apologize to the individuals and communities that have been harmed in its wake, a new House resolution implores.

The measure was introduced by Rep. Bonnie Watson Coleman (D-NJ), a member of the Congressional Black Caucus (CBC) and co-chair of the Congressional Caucus on Black Women and Girls (CBWG), on Tuesday. It calls on the House of Representatives to acknowledge the racist underpinnings of the drug war, the excess spending on drug enforcement efforts and the need to treat drug addiction as a public health, rather than criminal justice, issue.

“The War on Drugs didn’t just fail to stem the damage of addiction, its very declaration failed to meet the values of equality and justice our nation was founded on,” Coleman said in a press release. “Congress has rightly decided to tackle the opioid epidemic with evidence-based policies that seek to solve the issue of addiction. But for years, we criminalized addiction in ways that caused irreparable harm not just to users, but their families, neighborhoods, and communities.”

The resolution largely focuses on the racial disparities in how drug addiction has been characterized and addressed over past decades. As the drug war heated up and substances such as crack cocaine were targeted, consumers were often treated as “criminals,” whereas individuals suffering from opioid addiction are commonly described as “victims,” the text of the resolution states.

“As we offer up funding and resources to address the disease of addiction among overwhelmingly White users, we must acknowledge our failures to do the same with victims of color.”

The resolution reflects a growing movement in Congress to reform federal cannabis laws, with groups like the CBC emphasizing the racially disproportionate nature of drug enforcement efforts. For example, the CBC introduced a 1,300-page omnibus bill last month that called for the descheduling of marijuana and the establishment of a “reinvestment fund for communities negatively impacted by the War on Drugs.”

The CBC also released a position statement last week reiterating its stance that marijuana should be decriminalized and calling for “automatic expungement for those convicted of misdemeanors for marijuana-related offenses, and an easy path to expungement for those previously convicted of felonies for marijuana-related offenses.”

Congressional Black Caucus Calls For Major Marijuana Reforms

This isn’t the first time House members have floated the idea of issuing a formal apology for the failed drug war.

Last year, Rep. Bobby Rush (D-IL) filed a bill that would have established a commission to study the impact of mass incarceration and forced prison labor on black Americans. It also sought answers from the commission as to whether the federal government should “offer a formal apology on behalf of the people of the United States to the African-American victims of the ‘War on Drugs’ and their descendants” and whether “any form of compensation to the victims of the ‘War on Drugs’ and their descendants is warranted.”

Coleman’s new resolution is supported by 27 cosponsors and a number of civil rights and drug policy organizations, including the Drug Policy Alliance, NAACP and the Sentencing Project.

See below the full text of the resolution: 

RESOLUTION

To acknowledge that the War on Drugs has been a failed policy in achieving the goal of reducing drug use, and for the House of Representatives to apologize to the individuals and communities that were victimized by this policy.

Whereas, until the early 1900s, most of today’s illegal substances were not regulated by the Federal Government, and there was no “War on Drugs”;

Whereas, in the 1930s, the first Commissioner of the Federal Bureau of Narcotics, Harry J. Anslinger, who was a strong opponent to marijuana, pushed a heavy propaganda campaign to demonize marijuana use, stating that it caused people to be violent and criminals;

Whereas much of this propaganda was racially charged against the Mexican-American community, for example as Commissioner Anslinger testified to the 75th Congress in 1937 that, “I wish I could show you what a small marijuana cigarette can do to one of our degenerate Spanish speaking residents. That’s why our problem is so great; the greatest percentage of our population is composed of Spanish-speaking persons, most of who are low mentally, because of social and racial conditions”;

Whereas, in 1937, the 75th Congress passed the Marijuana Tax Act which criminalized marijuana, and laws passed during the following years were introduced to institute mandatory minimum sentences for those who bought, sold, and used the drug;

Whereas over the course of the next few decades, studies conducted by scientists did not find any connection between the use of marijuana and violent behaviors, and in 1973 the Shafer Commission Report on Marijuana and Drugs concluded that, “The Commission believes that the contemporary American drug problem has emerged in part from our institutional response to drug use. … We have failed to weave policy into the fabric of social institutions.”;

Whereas despite mounting evidence, the Federal Government’s approach to the abuse of drugs continued to be one of criminalizing drug abuse instead of treatment;

Whereas, on June 18, 1971, President Richard Nixon declared the War on Drugs, stating that drug abuse is “public enemy number one”;

Whereas the Federal Government’s attitude toward drug use as a criminal problem only intensified with stricter drug laws, and the Government put little to no focus on treating those impacted;

Whereas the War on Drugs was admitted to be a move by the Nixon administration to attack his political opponents, and in 1994, President Richard Nixon’s aide John Ehrlichman admitted in an interview that the War on Drugs was a tool to arrest and manipulate Blacks and liberals stating, “We knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did.”;

Whereas in 1986, the 99th Congress passed the Anti-Drug Abuse Act establishing, for the first time, mandatory minimum sentences for those convicted of having specific amounts of cocaine;

Whereas, in 1989, drug czar William Bennett announced a $7,900,000,000 plan to combat the drug epidemic, but 70 percent of that amount went to hiring more law enforcement personnel and building prisons;

Whereas that money could have been better used to help provide treatment to the victims of those on heroin, cocaine, and other drugs;

Whereas, in 1986, the 99th Congress increased the sentences for dealing and possessing crack cocaine, and in a few years, enhanced law enforcement presence loomed over and aggressively policed communities of color;

Whereas to this day, these laws greatly target communities of color, dramatically increasing the incarceration rate of these communities and imposing a stigma that people of color are the main users of drugs, despite White Americans using at a similar if not greater rate;

Whereas Professor of Sociology at the University of California Santa Cruz, Craig Reinarman, and Professor of Sociology at Queens College, Harry G. Levine, studied the use of crack cocaine in the United States and later published in their book, entitled “Crack in America”, which stated that, “In the spring of 1986, American politicians and news media began an extraordinary anti-drug frenzy that ran until 1992. Newspapers, magazines and television networks regularly carried lurid stories about a new ‘epidemic’ or ‘plague’ of drug use, especially of crack cocaine. They said this ‘epidemic’ was spreading rapidly from cities to the suburbs and was destroying American society. It is certainly true that the United States has real health and social problems that result from illegal and legal drug use. But it is certainly also true that the period from 1986 through 1992 was characterized by anti-drug extremism.”;

Whereas the use of opiates such as oxycodone, hydrocodone, methadone, heroin, and fentanyl has skyrocketed since the late 1990s and the amount of prescription opioids legally sold nearly quadrupled from 1999 to 2010, despite no change in the amount of pain that Americans reported;

Whereas the National Center for Health Statistics suggested that there were more than 64,000 drug overdose deaths in 2016, and that a majority of these deaths come from synthetic opioids like fentanyl;

Whereas these drug overdoses have become the leading cause of accidental death, surpassing car accidents;

Whereas, on March 29, 2017, President Donald Trump signed an Executive order to establish the President’s Commission on Combating Drug Addiction and the Opioid Crisis, and in a preliminary report the Commission has recommended that the opioid crisis, among other things, should be “declared a national emergency under either the Public Health Service Act or the Stafford Act”;

Whereas many scholars, journalists, and civic leaders have addressed the strong contrast to the urgency of helping those impacted by opioids compared to those who were impacted by crack cocaine and other substances during the War on Drugs;

Whereas the terminology used to describe those impacted by the opioid epidemic is “victims”, and the terminology used to describe those impacted by the War on Drugs is “criminals”;

Whereas if the concept of equity was considered, meaning that individuals fairly receive what they need in order to create a level playing field, the same funds and support going to help those impacted by opioids will also go to help those impacted by heroin, cocaine, and the other drugs classified in the War on Drugs;

Whereas as stated by Georgetown University Professor Michael Eric Dyson, “White brothers and sisters have been medicalized in terms of their trauma and addiction. Black and brown people have been criminalized for their trauma and addiction.”;

Whereas, on October 26, 2017, President Donald Trump declared the opioid epidemic a public health emergency, which allows access to the Public Health Emergency Fund at the Department of Health and Human Services, which has only tens of thousands of dollars; and

Whereas there has been no formal action by the United States Government to treat the epidemic of drug abuse and the War on Drugs as a health issue: Now, therefore, be it

Resolved, That it is the sense of the House of Representatives that—

(1) the War on Drugs has failed to achieve its goal of reducing drug use;

(2) the War on Drugs has created conditions in the United States that has allowed the opioid epidemic to be as deadly as it is;

(3) the War on Drugs is a racially charged policy that has led to the mass incarceration of millions of Americans, disproportionately affecting communities of color, stigmatized these communities as the cause of the drug problem, and has economically, politically, and socially crippled these communities for decades;

(4) in order to help those impacted, drug use has to be seen as a health issue and not a criminal issue;

(5) the House of Representatives should seek to hereby reconsider all laws associated and consistent with the War on Drugs, and prioritizes effective, evidence-based health policy solutions for individuals and communities suffering from addiction;

(6) the House of Representatives should enact civil remedies and restorative justice for any individual who has been incarcerated or otherwise punished through the Federal criminal justice system due to laws associated and consistent with the War on Drugs;

(7) Congress affirms that all individuals suffering from the disease of addiction be treated humanely, with equity and respect as all people struggling with any other health matter; and

(8) the House of Representatives hereby apologizes to the individuals and communities harmed through the War on Drugs and acknowledges that actions by this body have demonized and crim­i­nal­ized addiction for more than 80 years instead of accurately treating it as a health concern.

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

Shakeup In Key Senate Committee Bodes Well For Federal Marijuana Reform

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Sen. Chuck Grassley (R-IA), a longtime ardent marijuana legalization opponent, announced on Friday that he is stepping down as chair of the Senate Judiciary Committee in order to take over a separate leadership position, potentially paving a path forward for cannabis legislation in the 116th Congress.

Next in line for the chairmanship of the panel, which plays a central role in drug policy legislation, is Sen. Lindsey Graham (R-SC)—who certainly isn’t the most marijuana-friendly member of the Senate but is significantly more open-minded about medical cannabis and other common sense reform measures than the current chairman is.

Whereas Grassley has refused to let any marijuana bills come to a vote as Judiciary chairman, Graham has made surprise appearances as a cosponsor of legislation to protect legal medical states from federal interference, reschedule cannabis and also remove cannabidiol (CBD) from the list of federally banned substances.

“Senator Graham chairing Judiciary is the best news reformers have heard since Pete Sessions lost reelection,” Don Murphy, director of federal policies at the Marijuana Policy Project, told Marijuana Moment, referring to the outgoing House Rules Committee chair who has consistently blocked marijuana legislation from votes.

The senator has “shown empathy for patients and is a vocal advocate of the Tenth Amendment,” Murphy said. Plus, he added, Graham’s relationship with President Donald Trump “also bodes well for passage” of key marijuana reform legislation.

“If I was in the industry, I’d be buying today.”

In 2015, Graham voted against an amendment that would have allowed the U.S. Department of Veterans Affairs to recommend cannabis to patients; but the next year he reversed himself and supported a similar proposal to expand access to medical marijuana for veterans.

Also in 2016, the South Carolina senator supported an amendment to prevent the Department of Justice from spending money to interfere with state medical cannabis laws.

Graham told Politico that same year that medical cannabis “could be life-changing” and that restrictions on research should be lifted.

At a CNN event in 2015 he said that while he’s “not a big fan of legalizing marijuana,” you can “count me in for medical marijuana” because he is “convinced that it helps people with epilepsy.”

Graham once referred to marijuana as “half as bad as alcohol” but added that didn’t “see a real need for me to change the law up here.”

Grassley, for his part, did cosponsor a limited CBD research bill, but that’s about as far as his openness to marijuana reform seems to extend.

“I’m cautiously optimistic about what can be accomplished with Senator Graham chairing Judiciary. He’s certainly more open-minded and dynamic when it comes to marijuana than Senator Grassley,” Michael Liszewski, principal of the cannabis-focused lobbying outfit The Enact Group, told Marijuana Moment. “However, as a former prosecutor he could be more insistent that DOJ enforce the letter of the existing law.”

It is also worth noting that Graham has not signed on to the current 115th Congress’s version of the far-reaching medical cannabis bill he previously cosponsored, nor has he gotten on board with growing bipartisan calls to more broadly amend federal marijuana law, something for which President Trump has voiced support.

“Moreover, he demonstrated some hyperbolic fears about state medical marijuana programs in a July 2016 subcommittee hearing,” Liszewski said, referring to a discussion on cannabis policy Graham chaired. “But even with all of that, we will have a better chance to move forward with legislation in the Senate than we had under Grassley.”

In all likelihood, medical cannabis legislation will be referred to the committee Graham is positioned to run during the next Congress. Bills referred to the Senate Judiciary in the 115th Congress include one to end federal marijuana prohibition, another that would remove CBD from the Controlled Substances Act (which Graham cosponsored) and the CARERS Act (a version of which he previously cosponsored). Grassley didn’t schedule hearings or votes on any of them.

Graham has made clear that marijuana isn’t a top priority for him, but his support for medical cannabis and his voting record suggest that the Judiciary Committee could become much more amendable sending reform bills to the Senate floor under his leadership at a time when advocates are more optimistic than ever about the prospects for federal change. At least, more amenable than it has been under Grassley.

And this latest development, combined with the fact that Democrats retook the House, adds to the increasingly favorable political landscape that marijuana reform advocates are entering in the next Congress.

In the meantime, Graham hasn’t yet been formally named as chairman, but he is next in the line of seniority among Republicans on the panel following Grassley’s switch to instead chair the Finance Committee and the retirement of Sen. Orrin Hatch (R-UT).

“As the chairman of the Senate Judiciary Committee, Lindsey Graham will have to make a choice when it comes to marijuana,” NORML political director Justin Strekal told Marijuana Moment. “Will he continue to perpetuate the failed policy of federal criminalization which resulted in over 659,000 Americans being handcuffed in 2017 alone, or will he be open to reform in a way the reflects the rapidly evolving nature of cannabis policy in the majority of states?”

“In the 116th Congress, there will be at least 66 Senators representing states with a regulated medical cannabis program,” Strekal added.

UPDATE: This story has been updated to include comments from representatives of NORML and the Marijuana Policy Project.

Here’s Where The Next House Speaker Stands On Marijuana

Photo courtesy of John Pemble.

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Here’s Where The Next House Speaker Stands On Marijuana

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The midterms are over, but Democrats in the House have already found themselves locked in another contentious race that could ultimately have big implications for marijuana legislation in the 116th Congress.

Will Rep. Nancy Pelosi (D-CA) reclaim her seat as speaker of the House? Or will a coalition of frustrated lawmakers usher in a new leader like Rep. Marcia Fudge (D-OH), who has all but confirmed her intent to run for the position?

What’s known at this point is that at least 17 Democratic lawmakers have signed a letter opposing Pelosi’s bid, and a handful of others have made public statements affirming that they plan to vote against Pelosi when the new Congress is seated on January 3.

Here’s a look at where Pelosi and Fudge fall on marijuana issues:

Looking at voting records, Pelosi cosponsored a number of marijuana bills in the 1990s and early 2000s—including several to protect states that legalized medical cannabis from federal interference—but she hasn’t signed her name onto a single piece of standalone marijuana legislation over the past 17 years.

Although Pelosi started cosponsoring fewer bills in general after being named House speaker in 2007 and in her post-speakership years, she’s still put her name on dozens of pieces of legislation during that time—though none are related to marijuana.

Fudge, meanwhile, has been ramping up her bill cosponsorships when it comes to cannabis reform. Over the past two years, the former chair of the Congressional Black Caucus (CBC) signed on to a bill that would end federal marijuana prohibition and a resolution acknowledging the failures of the war on drugs, for example. Prior to the current Congress, though, she hadn’t signed onto any cannabis bills since first joining the House in 2008.

Aside from the issue of proactive bill sponsorship, both Pelosi and Fudge have consistently voted in favor of floor amendments to protect legal medical and adult-use marijuana states, allow Department of Veterans Affairs doctors to recommend cannabis to patients, allow industrial hemp and expand access to banking institutions for marijuana businesses.

Both congresswomen have received “B” grades from NORML.

“Looking at the conversation of Democratic leadership right now and how the speaker vote is set to go, I would suspect that Pelosi is going to be elected to be the speaker for the 116th Congress,” NORML political director Justin Strekal told Marijuana Moment.

“Nancy Pelosi has demonstrated herself to be a very effective leader of the Democratic Caucus and was instrumental in ensuring a favorable vote outcome for the first time that the [Rep. Dana Rohrabacher (R-CA)] language was passed on the House floor in order to restrict the Department of Justice’s ability to enforce federal prohibition against the states that have legalized medical marijuana programs. Her operation has been engaged with—and in regular talks with—our champions of the Cannabis Caucus and members who are supportive, and we have every indication that we will have her full support in moving legislation forward that would end federal prohibition.”

Where the two Democratic lawmakers seem to diverge is in public statements about cannabis reform. For example, Pelosi has talked about marijuana (and yoga) as a safer alternative to opioids and she pushed back against former Attorney General Jeff Sessions’s decision to rescind an Obama-era marijuana guidance policy.

“Congress must now take action to ensure that state law is respected, and that Americans who legally use marijuana are not subject to federal prosecution,” she said in a press release earlier this year. “Democrats will continue to insist on bipartisan provisions in appropriations bills that protect Americans lawfully using medical marijuana. Congress should now consider expanding the provisions to cover those states that have decriminalized marijuana generally.”

Pelosi also endorsed California’s successful adult-use legalization ballot measure in 2016.

“Pelosi has been a solid ally on drug policy reform,” Michael Collins, interim director for the office of national affairs at the Drug Policy Alliance, told Marijuana Moment. “She has voted for many marijuana reform amendments, been a tough negotiator on numerous appropriations issues, has fought against regressive drug sentencing proposals like [Stop the Importation and Trafficking of Synthetic Analogues Act].”

“Crucially, her staff have always been available, willing and ready to advance drug policy reform,” he said.

Fudge, meanwhile, has been relatively quiet on the issue in spite of her recent support for reform legislation. And she doesn’t seem to have weighed in on Ohio’s unsuccessful 2015 legalization ballot measure.

For all of Pelosi’s talk and votes on cannabis reform, though, she was noncommittal when asked in September whether she planned to bring marijuana bills to the floor in 2019 if Democrats retook the House.

“Well, the marijuana initiatives have received bipartisan support on the floor of the House,” Pelosi said. “I don’t know where the president is on any of this. So any decision about how we go forward would have to reflect where we can get the result.”

Fudge also hasn’t indicated that she’d pursue a marijuana reform agenda if selected to be speaker. Instead, she told HuffPost reporter Matt Fuller that she’d make issues like health care, student debt, infrastructure and job creation top priorities for Democrats.

Other potential House speaker contenders on cannabis.

Another Ohio Democrat, Rep. Tim Ryan, is reported to be floating another run for the speakership after losing to Pelosi for Democratic leader in 2016. Ryan said that he was initially reluctant to get behind marijuana legalization but, after witnessing the harms of prohibition, he wrote that cannabis “should be legal in all 50 states.

The current chair of the CBC, Rep. Cedric Richmond (D-LA), is another potential contender for the position. Under Richmond’s leadership, the CBC has called for the end of federal marijuana prohibition and released a bill in May that outlined several wide-ranging reform proposals such as removing cannabis from the list of federally banned substances.

Rep. Hakeem Jeffries (D-NY) is reported to be laying the groundwork for a future House speaker run, starting with a bid to become the next House Democratic Caucus chair, Politico reports. He’s a strong proponent of marijuana decriminalization. “The connected and powerful—including many in high political office—have frequently admitted to smoking marijuana when they were young,” Jeffries wrote in a 2012 editorial for CNN. “We didn’t unmercifully penalize them. We should stop needlessly criminalizing tens of thousands of our young people for doing the same thing.”

Then, of course, there’s Rep. Barbara Lee (D-CA), one of the most vocal advocates for cannabis reform on Capitol Hill for years. She’s also currently running to become the next House Democratic Caucus chair, though a sizable following of supporters are pushing her to compete against Pelosi in the speaker race. This year, Lee has introduced legislation to protect legal marijuana states and also promote diversity in the burgeoning cannabis industry.

Marijuana Won The Midterm Elections

Photo courtesy of Brian Shamblen.

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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.

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