Last week, Gov. Gary Herbert issued the formal call for a special legislative session to take place on Monday, Sept. 16. While a number of issues will be considered by legislators in that session, one of the issues that has garnered the most interest is a series of proposed amendments to the state’s medical cannabis program.
Shortly before the November election, the Utah Legislature and Utah-based medical cannabis advocates reached a compromise that provided access to patients in need while safeguarding youths and ensuring this law would not become a slippery slope toward the legalization of recreational marijuana. This legislation, HB3001, was passed in a special session last December.
As with most complicated legislation of this magnitude, adjustments and improvements are likely to occur as issues arise and new information becomes available. During this special session, we’ll work to fine-tune policy and address technical and administrative concerns to meet deadlines to make the medication available to patients.
We are also considering how best to shape the medical cannabis program to accommodate Utah’s growing population. With this in mind, the following changes to the medical cannabis program, among others, will be considered in the upcoming special session:
- The state treasurer cannot process electronic payments for the state central fill program. As a result, the state central fill pharmacy model will be eliminated. Instead, we will consider permitting the Utah Department of Health to establish a central online patient portal to facilitate electronic orders of medical cannabis shipments to patient homes from designated pharmacies that participate in medical cannabis home delivery. The state will not sell, distribute or otherwise be involved in any financial transactions for medical cannabis.
- With the removal of the state central fill pharmacy model, the local health departments will no longer be involved in the medical cannabis program. To compensate, the number of available licenses for private medical cannabis pharmacies will increase from seven to 12. Additionally, we will propose authorizing the Department of Health to license medical cannabis couriers for home delivery.
- To protect well-meaning patients from punishment for use or possession of medical cannabis, we will look at changing the law so that lawful use of medical cannabis will be considered no different from lawful use of traditional prescriptions medications.
- Current law requires authorized cultivators grow cannabis either indoors or outdoors, but not both. A proposed change would allow cultivators to grow both indoors and outdoors at the same facility and require the Department of Agriculture and Food to develop a formula to ensure that combination cultivation of cannabis falls below the existing statutory cultivation limits.
- Research universities in the state need a way to research cannabis without violating state law. A proposed change would authorize the Department of Agriculture and Food to license such universities to conduct medical cannabis research, like previously authorized industrial hemp research.
- As the Department of Agriculture and Food and the Department of Health license medical cannabis businesses, local governments also play a role in business licensing and land use. Conversations are ongoing to ensure that state and local governments collaborate to help the state’s medical cannabis program meet certain operational deadlines in 2020.
These changes reflect Utah’s consistently thoughtful and measured approach to crafting public policy. More importantly, these proposed changes will create greater opportunity for Utahns who are in need to receive treatment and relief. In addition to benefiting patients, the proposed changes maintain the critical balance between access to medical cannabis and safeguarding public health and safety.
Our aim is to ensure Utah’s medical cannabis program is just that — medical. As with other policy areas, other states are looking to Utah as a model for striking an effective balance. We look forward to continuing to work with partners and our colleagues in the Legislature to enhance and strengthen Utah’s identity as an incredible place to live, work and raise families.
Sen. Stuart Adams is president of the Utah Senate. Rep. Brad Wilson is Speaker of the Utah House of Representatives.