Utah Proposition 2, Changes and Conflicts of Interest

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Proposition 2 Was Approved by Utah Voters

The fact remains that Utah Voters supported the Medical Marijuana Initiative as Written by a vote of 52.75% to 47.25%. 


Here is the the Voter Initiative Summary:


“Proposition 2 was designed to legalize medical marijuana for individuals with qualifying conditions.


Individuals can receive a medical marijuana card with a recommendation from a physician under Proposition 2.


Under the measure, a medical marijuana cardholder can not smoke marijuana or use a device to facilitate the smoking of marijuana.

During any one 14-day period, an individual is allowed to buy either two ounces of unprocessed marijuana or an amount of marijuana product with no more than 10 grams of tetrahydrocannabinol (THC) or cannabidiol.


Proposition 2 was designed to exempt marijuana from local and state sales taxes. It directed the state legislature to enact business license fees for a marijuana business to fund the ongoing costs of the initiative’s implementation.[1]

Going into the election, already-existing Utah law required the Utah Department of Agriculture and Food to ensure by January 1, 2019, that marijuana (cannabis) was grown in the state of Utah and could be sold to research institutions or terminally ill patients with less than six months left to live.[11][12]Her


The Utah State Legislature Gutted Proposition 2

House Bill 3001 made a number of changes to the original measure passed by voters. Among others, HB 3001:

  • Removed the provision allowing patients to grow their own marijuana;
  • Reduced the number of privately-run dispensaries allowed; and
  • Required dispensaries to employ pharmacists to recommend dosages

HB 3001 kept many of the same qualifying conditions provided for under Proposition 2, but also made some changes, including limiting the list of qualifying conditions to specific illnesses. The bill allows for medical marijuana treatment for HIV or AIDs but not other autoimmune disorders. The bill allows for medical marijuana treatment for cachexia, but not other conditions manifest by physical wasting. It allows marijuana treatment for Crohn’s disease, but not similar gastrointestinal disorders.


HB 3001 added conditions that qualify for medical marijuana treatment, including:

  • Terminal illness for those projected to have less than six months left to live; and
  • A condition resulting in a patient receiving hospice care.

The Utah Constitution Currently Permits the State Legislature to Overule Utah Voters

“The Utah State Legislature may amend any initiated statute by a simple majority vote. When presented with an indirect initiative, the Legislature may make technical corrections to the proposed law.” (source)

But the Utah Law Prohibits "Conflict of Interest" for its Lawmakers.

According to one article, 1 out of 4 members of the Utah Legislature have a conflict of interest.  While there is a requirement to fill out this form, criminal penalties are either ignored or unenforced by the State Attorney General and Lt. Governors Office.

Here is the incomplete list of financial donors to the members of the Utah State Legislature for 2018.

Here is just one article that exposes the conflict of interest problem here in Utah.



Next: Possible Solutions to Correcting Utah's Political Problems

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