Written by Erin Zeltner
On Thursday, Feb. 26, Utah moved one step closer in the legalization of medical marijuana as Senate Judiciary committee members voted 3-2 for bill SB259, Medical Cannabis Amendments.
Under current Utah law, marijuana products are only legal in the state for those who suffer from certain epileptic conditions, but even in that case, those persons must possess cannabinoid-heavy cannabis which contains THC levels lower than 0.3 percent. Senator Mark B. Madsen, R-Saratoga Springs, is sponsoring SB259 which proposes allowing the sale of full THC products in Utah to persons meeting certain criteria from shops regulated by the Utah State Tax Commission.
Sixteen-year-old Maddy Campbell spoke at a press conference following the bill’s passing on Thursday, stating that she has found medical marijuana to lessen the negative effects of chemotherapy. Campbell’s sister recently died from the same disease she suffers from.
Madsen says that the bill is meant to protect those families and individuals who are looking toward cannabis products as a way to find relief from debilitating pain and conditions which significantly lower quality of life.
“This bill is for the father who wants to help his son out of his pain and wants to do so legally,” Madsen said. “I know parents who are willing to risk jail-time to assist their children and they live in fear of being caught. To me, that’s not right.”
Under HB259, patients who are prescribed marijuana as a prescription would be required to be issued an identifying patient card by the tax commission. Madsen explained the system would work by specifically licensing certain specialty doctors to issue recommendations for patient cards and work in conjunction with the tax commission for proper licensure. A cancer patient would be referred to an oncologist who would be additionally licensed in order to obtain the doctor recommendation and would then need to obtain the license through the tax commission.
“This isn’t a situation where patients would see their family doctor and get a quick prescription for marijuana,” Madsen stated.
Madsen, who suffers from chronic back pain and has had several surgeries, understands the dangers of opioids in treating chronic pain and pointed out that Utah has high rates of opioid misuse and addiction. Doctors suggested Madsen use marijuana for pain relief for his particular condition, and he did so on a recent trip to Colorado.
“I absolutely found the cannabis products to relieve the pain from the condition I suffer from,” Madsen said. “Opioids create chemical dependency and marijuana does not. It’s also impossible to have any type of serious overdose on marijuana. While opioids cause overdoses with major repercussions that even include death, the worst you’re going to get with a cannabis overdose is a slight headache and a woozy feeling. We should take note that the states which allow for marijuana use have seen opioid overdose rates drop by 30 percent.”
Marijuana research does not show any indication of chemical dependency, but Madsen indicated that a person can psychologically become dependent on anything.
“People can be addicted to almost anything from pornography to alcohol,” Madsen said. “But that’s another conversation.”
Madsen wants to make it clear that medical marijuana is not to be taken lightly.
“This isn’t for the person who has a quick procedure and wants to use marijuana as a way to treat minor pain,” he said. “I’m proposing medical marijuana be legalized for those who are living their lives trapped in severe conditions.”
Under SB259, patients must be diagnosed with one the following conditions to receive a recommend card:
- – Acquired Immune Deficiency Syndrome
- – Cancer
- – Amyotrophic Lateral Sclerosis
- – Alzheimer’s Disease
- – Post-Traumatic Stress Disorder
- – Glaucoma
- – A medical condition or treatment for a medical condition that produces one or more of the following: Cachexia or physical wasting and malnutrition associated with chronic disease; persistent muscle spasms, including spasms caused by multiple sclerosis; seizures, including seizures caused by epilepsy; severe nausea; and other severe pain
According to the bill, the tax commission may issue only one dispensary per county or one dispensary per 200,000 county residents, whichever is greater.
SB259 also calls for the real-time tracking of cannabis. Shops would be required to show a paper trail detailing a specific marijuana product’s journey from seed to sale, and sales would be recorded and interfaced with an electronic verification system maintained by the state.
Cannabis products would to be subject to quality-control by requiring marijuana production plants to individually package and clearly labeled all products with a full cannabinoid profile. Products would also have to be tracked with unique batch identifiers and sold in non-translucent packaging which is not appealing to children or presented to look like candy.
In addition to having $750,000 in liquid assets, passing a criminal background check, and paying a $5,000 application fee, a person wishing to open a marijuana dispensary must follow all regulated sales and distribution laws set forth in SB259; the tax commission may inspect the operations of any cannabis facility and revoke the store’s license at any time for violation of codes.
U.S. Drug Enforcement Agency assistant special agent Nicki Hollmann warned against legalizing marijuana until the science is clearer, issuing a paper on Madsen’s bill which indicated both the American Medical Association and the American Academy of Pediatrics’ opposition to the legalization of cannabis.
“Utah shouldn’t consider bringing medical marijuana to law without scientific/clinical evaluation,” said Hollmann in a statement. “Laws…should be based on science and well-reasoned policy.”
Along the lines of the law, Madsen stated that he knew police officers who were opposed to arresting someone using marijuana for a real medical purpose but were afraid to voice their opposition.
“They’re afraid of what would happen to them if they said anything,” stated Madsen.
Madsen said he is hopeful that the bill will pass the next step for legalization, feeling that members of the senate will be open to thinking about those who are suffering.
“If there’s relief out there for Utah patients in pain, who right now only have partial-solutions, I think it’s our responsibility to give them options.”
