Advocates for the legalization of medicinal cannabis products within the state of Utah will have achieved their goal when Proposition 2 goes into effect at midnight on December 1st. The dispensaries in Utah haven’t opened yet, but patients who would qualify for it are able to use a medicinal cannabis product at the stroke of midnight under Proposal 2.
Patients can use “affirmative defense” to legally consume the medicinal cannabis for a guaranteed period of 48 hours until Proposition 2 is replaced by a compromise that was created by supporters of a ballot initiative to legalize medical cannabis and opponents. The replacement that the Utah State Legislature will put into place on Monday will refine the types of cannabis that patients can use and will create a system for state distribution of medical cannabis products.
Desiree Hennessy, a mother of a patient that is eligible for medical cannabis and could use a medical cannabis product legally after midnight said, “This is a big moment! It’s hard to maybe understand if you haven’t been waiting. We fought hard….” The mother intends to manage her son’s medical problems with cerebral palsy, seizures, and nerve pain. She went on to say, “We’re excited to use it”.
Risk of Prosecution for Marijuana-Related Companies. If you are considering investing in a company that is connected to the marijuana industry, be aware that marijuana-related companies may be at risk of federal, and perhaps state, criminal prosecution. The Department of Treasury recently issued guidance noting: “[T]he Controlled Substances Act (“CSA”) makes it illegal under federal law to manufacture, distribute, or dispense marijuana. Many states impose and enforce similar prohibitions. Notwithstanding the federal ban, as of the date of this guidance, 20 states and the District of Columbia have legalized certain marijuana-related activity.”