The Governor, Speaker of the House, and President of the Senate held a press conference early this month with the release of a new piece of legislation they have been working on for a number of months. The legislation was a compromise piece of legislation for those against Proposition 2 and those in favor of it. Both sides attended the press conference and provided their feedback and thoughts on this legislation. A special legislative session will be held next month for the legislative body to review and vote on it. This will happen whether Proposition 2 passes or not next month. 

 

At this months legislative interim meeting for Health and Human Services, the committee heard from the Speaker of the House, Greg Hughes on the new piece of legislation titled Utah Medical Cannabis Act. The bill provides that medicinal cannabis be distributed in similar manners as are other medicines and drugs. The new legislation will require a recommendation from a physician, MD or DO, and be required to be dispensed through a new cannabis pharmacy or State Central Fill, which will include the local department of health. The legislation allows initially for five cannabis pharmacies with a possibility of up to an additional five for a total of ten medical cannabis pharmacies. 

 

UPhA Executive Committee met with Senator Evan Vickers to discuss the bill at length. Senator Vickers was tasked by the Speaker of the House and others involved in the topic to review how other states structured their cannabis distribution. There were a number of concerns and questions that the Executive Committee raised in this discussion. Each question and concern was addressed giving our Executive Committee a better understanding of this bill and how pharmacy will be involved. One of the biggest concerns and questions was regarding the DEA and how this will effect a current DEA license with a pharmacy. Cannabis Pharmacies under this new law, although considered a pharmacy, will be different from the standard retail pharmacy we see today. First the language of the Medical Cannabis Act requires that those under 18 years of age are not allowed in this type of pharmacy. This means most likely that these cannabis pharmacies will be new pharmacies and not existing pharmacies. Second, because cannabis (marijuana) is considered a schedule I drug, no DEA license is required. DEA licenses are typically issued through the state. This doesn’t mean that the DEA or other federal agency won’t come in to these cannabis pharmacies, central fill, or local health department as it is still illegal, but as is the precedent in other states, we won’t see them. The legislation from the state agency view does make this process of providing cannabis ok and there won’t be prosecution based on state agencies if the procedures in the bill are followed by physicians, pharmacists, and patients. 

 

The new language will continue to be reviewed and discussed as we draw closer to the Special Session and election day early next month. If you would like to read the new legislation, Utah Medical Cannabis Act, please feel free to download it from the link provided below. It is fairly lengthy at 126 pages. If you have questions on the legislation, please feel free to call or email us and we can answer your questions. upha@upha.com.