Connect with us

Politics

Win Or Lose At The Polls, Medical Marijuana Is Coming To Utah Under New Deal

Published

on

Utahans are guaranteed legal access to medical marijuana in the near future under a bargain struck Thursday between the state’s conservative power structure and the backers of a popular medical cannabis ballot measure that will go before voters next month.

Proposition 2, which would add Utah to the growing list of states that allow people with doctors’ approval to cultivate, consume and legally buy cannabis, has proven wildly popular in the extremely red state.

Despite organized and vocal opposition from The Church of Jesus Christ of Latter-Day Saints—and the Mormons’ considerable influence over state elected officials—the measure had support from 64 percent of Utah voters, according to a September poll.

That sense of inevitability triggered a series of increasingly desperate-looking actions from opponents—chief among them the Utah Medical Association and the Mormon church—including push polls and radio ads that marijuana supporters blasted as dishonest.

It’s also led to an unlikely compromise that promises Utah will have medical marijuana regardless of what happens on Election Day. After days of negotiation, the Utah Patients Coalition, the main group behind the measure, announced Thursday that it had made a deal with the Utah Medical Association, LDS church leaders, and elected officials to craft and pass a medical cannabis law via the normal legislative process.

“Under this plan, marijuana will be distributed to patients by well-trained, physicians and pharmacists who are qualified to do that very thing,” Utah Gov. Gary Herbert (R) said during a press conference on Thursday.

Though Proposition 2 will remain on the ballot, the Utah state legislature will convene immediately after in a special session to hammer out a medical-marijuana law, details of which were agreed to in spirit in the compromise announced Wednesday.

DJ Schanz of the Utah Patients Coalition said at the press conference that his group is “de-escalating any future media buys” in favor of Proposition 2. And Matthew Schweich, deputy director of the Marijuana Policy Project (MPP), which was involved in drafting and campaigning for the measure, said in a press release that the group is “walk[ing] away” from the ballot effort in the state.

Similarly, an LDS representative said the church will “de-escalate our activities in opposition” ahead of the vote on November 6.

Another medical marijuana advocacy group, Together for Responsible Use and Cannabis Eduction (TRUCE), said it is “skeptical” but “cautiously optimistic” about the deal.

“We are willing to listen but we will do so skeptically,” Christine Stenquist, TRUCE’s executive director, said in a statement. “A special session with a lame-duck legislature is still something to which we are opposed. We still see Prop 2 as the best insurance policy for good medical cannabis law in Utah. But if what we’re hearing is true and genuine, it is worth listening to.”

The compromise bill “would be much safer and still be compassionate and answer the needs of patients,” Michelle McOmber, CEO of the Utah Medical Association, which opposed the ballot measure, told the Deseret News.

The newly proposed legislation is also far more conservative than the Proposition 2 proposal. It does not allow for home cultivation, it legalizes fewer marijuana retail outlets and has a shorter list of qualifying medical conditions.

That said, the bill offers guarantees that the ballot initiative process does not, according to Schweich, of MPP.

Should the bill have passed, it was likely to have been gutted by state lawmakers, who—unlike in some other states—have the ability to unilaterally amend initiatives approved by voters.

“In Utah, a statutory ballot initiative can be amended or even repealed by a simple majority in the Legislature,” Schweich pointed out in a press release issued Thursday. “If Proposition 2 passed without any agreement on next steps, patients may have been left waiting years to access legal medical cannabis. This compromise eliminates that uncertainty and ensures legislative leaders are committed to making the law work.”

“This campaign was never about notching up another election victory,” Schweich said. “Our goal was simply to help medical cannabis patients in Utah who are being treated like criminals as they seek to alleviate their suffering. With this compromise, we have achieved that goal.”

Voters In Seven States Will See These Marijuana Questions On Election Day

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.

Chris Roberts is a reporter and writer based in San Francisco. He has covered the cannabis industry since 2009, with bylines in the Guardian, Deadspin, Leafly News, The Observer, The Verge, Curbed, Cannabis Now, SF Weekly and others.

Politics

GOP Senator Reveals What Trump Said About Jeff Sessions’s Anti-Marijuana Moves

Published

on

President Donald Trump immediately rebuked then-Attorney General Jeff Sessions on the day that he rescinded Justice Department guidance on federal marijuana enforcement priorities, Sen. Cory Gardner (R-CO) revealed during an interview on the Cannabis Economy podcast earlier this month.

Following a meeting on trade and tariffs in the Oval Office, Gardner pulled Trump aside to express his opposition to the rescission of the Obama-era cannabis document known as the Cole Memo. But before he could finish his sentence, the president interrupted to say “we need undo this” and “[Sessions] needs to stop this.”

“It was very clear to me at that point that there was a disagreement between the president and the attorney general on this,” Gardner said. Trump also said, “I don’t like this, this isn’t something I support,” but that it was too late to reverse the decision.

“This sounds like something my grandpa said in the 1950s,” was an exact phrase the president used, per Gardner’s recollection.

“At that point I realized that there was an ally in the president on this.”

In response to Sessions’s decision, Gardner started blocking Justice Department nominees until he received assurances that the federal government would not take enforcement action against legal cannabis businesses operating in compliance with state laws. That blockage prompted a subsequent phone call with the president, who said there was one nominee in particular he wanted to confirm.

Listen to Gardner’s interview with the Cannabis Economy podcast below:

Gardner explained why he was holding nominees, to which Trump replied, “OK, you’ve got my commitment to support the bill, you’ve got my commitment to support a solution on this,” referring to bipartisan legislation Gardner and Sen. Elizabeth Warren (D-MA) introduced to exempt state-legal marijuana activity from enforcement under the Controlled Substance Act.

Trump later told reporters that he “really” supports the legislation, the Strengthening the Tenth Amendment Entrusting States (STATES) Act.

During his conversation with the president, Gardner cautioned that states like Colorado would be put in jeopardy if the Justice Department followed through on Sessions’s threats. But Trump said, “we’re not going to do that, it doesn’t mean anything.”

“That was the commitment from the president not only on showing that he’s going to disagree with Jeff Sessions, but actually saying, ‘don’t worry about what he’s done because it won’t impact Colorado,’ and then moving forward down for a solution,” Gardner said.

Sessions resigned from his position at the president’s request in November, and the Senate confirmed his replacement, William Barr earlier this month. Barr was repeatedly pressed about how he would approach federal cannabis policy during his confirmation hearing and in followup questions, and he made consistent pledges not to use Justice Department resources to “go after” state-legal marijuana businesses.

He did, however, encourage Congress to resolve conflicting federal and state cannabis laws through legislative action.

Trump Issues Signing Statement On Medical Marijuana Provision Of Funding Bill

Photo courtesy of Wikimedia.

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.
Continue Reading

Politics

Five Governors Talk Marijuana And Hemp At Media Conference

Published

on

The governors of five states weighed in on marijuana and hemp during appearances at Politico’s ninth annual “State Solutions” conference on Friday.

Colorado Gov. Jared Polis (D) said hemp should be regulated “just like any crop” and emphasized that he wants his state to continue to expand its legal hemp and marijuana economies. The pro-legalization governor, who pledged to make Colorado the nation’s leader in industrial hemp production during his State of the State address last month, also pulled out a business card printed on hemp paper during the event.

Then the conversation pivoted to broader federal cannabis policy. Polis said “there’s an existential threat to everything we’re doing in Colorado” because of the lack of formal protections against federal intervention in state marijuana laws.

“Obviously the counterbalance to that is the federal government—even if they somehow did make this more of an enforcement priority—don’t have the ability on the ground to prosecute so many people,” he said.

“I hope that they can either reinstate something like the Cole memorandum or, even better, that Congress can finally move forward with changing the laws and leaving it up to the states,” the governor said, referring to Obama-era marijuana enforcement guidance that then-U.S. Attorney General Jeff Sessions rescinded last year.

Polis also said that if the state got wind of pending federal enforcement, “it would be of great concern and we would bring that to the highest levels of the White House.”

Utah Gov. Gary Herbert (R), whose constituents voted to legalize medical marijuana during November’s midterm election, was asked what he thought about allowing the use of medical cannabis to treat opioid addiction.

“I think everybody would like to have any kind of medicine that will help alleviate pain and suffering,” including opioid dependence, he said. But he said the federal government was at fault for failing to address cannabis rescheduling in order to enhance clinical research into the plant’s therapeutic benefits.

“We ought to change the law, allow it to be studied,” he said. “What are we afraid of?”

And South Dakota Gov. Kristi Noem (R) discussed the state’s possible legalization of industrial hemp. She said it was important to wait for the U.S. Department of Agriculture to release “federal guidelines” on hemp production first and also to ensure that the state has the money and resources to regulate the crop.

The conversation comes after Noem urged the state Senate to postpone a scheduled hearing on an industrial hemp cultivation bill, a request the body ultimately agreed to earlier this week. The legislation passed the House in a 62-5 vote last week.

During the interview, Noem also expressed concerns generally about the lack of roadside drug tests to determine impaired driving from marijuana, and she said it’s important as governor to consider the public safety ramifications” of an industrial hemp market.

The second session of the conference featured Oregon Gov. Kate Brown (D) and Connecticut Gov. Ned Lamont (D), who also spoke about cannabis.

Brown touted the legal cannabis industry and said it has stimulated job growth in Oregon, where she said about 20,000 people work for marijuana and hemp businesses. It should be a “top priority” for Congress to ensure that the cannabis industry has access to banking services, she said.

The Connecticut governor reiterated his belief that the state will legalize marijuana and “do it right” during his interview.

Without a regulated cannabis system, the illicit market will continue to thrive and people are already “driving over the border” to Massachusetts, where adult use is legal, so “that train has left the station,” he said. A significant portion of the Connecticut House has already signed onto an adult use legalization bill

But the existing system breeds “disrespect for the law,” Lamont added. What’s more, cannabis enforcement disproportionately targets communities of color, which is part of the reason that he considers legalization a “criminal justice issue.”

Legalization legislation should also involve expunging the records of individuals with prior cannabis convictions, he said.

Lamont revealed that he’s talked to Rhode Island Gov. Gina Raimondo (D), who has recently and reluctantly embraced reform in response to neighboring states moving to legalize, and that the two agreed to work together to create effective marijuana systems in their respective states.

This story was updated to add comments from Brown and Lamont.

Two More Governors Call For Marijuana Legalization During Budget Speeches

Photo courtesy of C-SPAN.

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.
Continue Reading

Politics

Florida Senator Wants To Let Voters Decide On Marijuana Legalization

Published

on

A joint resolution introduced in the Florida Senate on Thursday would add a new section to the Florida Constitution to establish the right “to possess, use and cultivate cannabis.”

“This right may not be infringed, except that the transfer of cannabis by purchase or sale may be regulated by law as necessary to ensure public health and safety,” reads the measure, which would apply to adults over 21 years of age.

If approved by lawmakers, the question would go before voters in the 2020 general election.

The resolution, introduced by Sen. Randolph Bracy (D) of Orlando, comes as Florida lawmakers weigh other bills that would expand the allowable forms of medical marijuana in the state.

“I think if we just go straight to the people and ask them, ‘is this something that you want,’ it puts the onus back on us to regulate it,” Bracy told Marijuana Moment in a phone interview. “I think it’s such a controversial issue that the legislature is not in a position to agree on how it should be regulated. The best way to do it is to go through the people and then it will come back to us to figure out how to regulate it.”

“I’ve always thought the people are more progressive on this issue than the legislature is and I believe they are ready for legalization of marijuana. Whenever I hear from folks, it’s always a resounding ‘yes.’”

Under regulations instituted after voters approved a medical cannabis ballot measure in 2016, patients are prohibited from smoking the drug. But new Gov. Ron DeSantis (R) has called on lawmakers to change that, threatening to drop the state’s appeal of a lawsuit seeking to over turn the ban if the legislature doesn’t act by mid-March.

While a House bill would prohibit the smoking of medical marijuana by those under 18, another bill in the Senate allows patients under 18 to smoke only if two doctors agree it to be the best method.

The two proposals are expected to receive floor votes in their respective chambers within the next few weeks.

“From the House perspective, the biggest sticking point is children,” State Rep. Ray Rodrigues told Florida Politics. “We don’t believe children should be smoking medical marijuana…but we’re having conversations.”

The 2016 ballot measure added language in the state constitution allowing the use of medical cannabis by those with cancer, AIDS/HIV, epilepsy or other conditions as determined by their doctor. Two years earlier, a similar measure got majority support from voters but fell short of the 60 percent threshold required to pass.

If Bracy’s full legalization amendment advances to the ballot, it appears to have a good chance of passing. A poll last year found that Florida registered voters support “legalizing and regulating marijuana in a manner similar to alcohol, limiting its sale to residents 21 years of age or older” by a margin of 62 percent to 35 percent.

Marijuana Legalization Bill Approved By Key New Hampshire House Committee

This story has been updated to add comment from Bracy.

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.
Continue Reading
Advertisement

Stay Up To The Moment

Marijuana News In Your Inbox


Support Marijuana Moment

Marijuana News In Your Inbox