"Attorneys for two groups suing the state over the legislature's replacement of Proposition 2 claim the latest fix didn't do much.
Government employees are still facilitating a federal drug crime, lawyers for Together for Responsible Use and Cannabis Education and the Epilepsy Association of Utah wrote in new court documents obtained by FOX 13.
'Rather than save the Utah Medical Cannabis Act from its unconstitutionality, however, S.B. 1002 has simply substituted a different, equally preempted and constitutionally
invalid command by Utah statute to commit federal felonies,' TRUCE and EAU attorney Walter Mason wrote.
Voters approved Prop. 2 last year only to see it replaced by the legislature…
…In a special session last month, the legislature replaced the bill again — and added a 'state central portal' to facilitate orders by patients and more privately-run dispensaries that the legislature refers to as 'pharmacies.'
TRUCE and EAU's attorney now argues that still doesn't solve the problem of state employees breaking federal drug laws.
'Accordingly, the newly amended Utah Medical Cannabis Act requires the State and its employees to facilitate felonies under the CSA, thus committing felonies themselves,' Mason wrote in the filing.
TRUCE has long advocated on Utah's Capitol Hill for more private control over the state's medical cannabis program, which is set to launch in March 2020.
'The only thing the government and the state should be doing is saying, Yes, you qualify as a medical cannabis patient. Here’s your fee for your card, best of luck to you as you find your medication,' TRUCE founder Christine Stenquist told FOX 13 on Tuesday."
Much more, including opponents' views in the Ben Winslow article.
And special note to Rep. Brad Daw (who is quoted):
A state ALLOWING people to do something the feds don't like may upset the feds but it doesn't violate federal law. INSTRUCTING people to break that federal law in a way the state insists on does, and facilitating the crime via its "portal" and "dosing parameters" make the STATE a lawbreaker on its own.
Oh, and using the dosing parameters for recommended doses places physicians at risk of possibly losing their DEA licenses to boot by essentially being a prescription in different words. Were we physicians, we'd think twice and more about signing anything that does that…..
SALT LAKE CITY — Attorneys for two groups suing the state over the legislature's replacement of Proposition 2 claim the latest fix didn't do much. Government employees are still facilitating a federal drug crime, lawyers for Together for Responsible Use and Cannabis Education and the Epilepsy Assoc…