Here are the Changes to Prop 2 for the New “Agreement”

Libertas Institute has been involved in medical cannabis reform for five years, having started the effort in 2013. Since then, we have been heavily involved in shaping the policy proposals, and providing the strategy and messaging, that were part of Senator Madsen’s legislative efforts and now Proposition 2. Our goal is to ensure patients are not treated as criminals.

To that end, we have been negotiating with Prop 2 opponents for several weeks to identify areas of common ground and determine if there were ways to make amendments that would resolve concerns while preserving patient access. We have reached that goal. Here is the draft.

[Update November 5: An update has been shared with input from the public since the first draft was announced.]

Below is a list of the major modifications from Prop 2 that have earned the support of the Governor, House and Senate leadership, The Church of Jesus Christ of Latter-day Saints, Utah Medical Association, and other stakeholders. They will be introduced in a special session in November, whether Prop 2 passes or fails.

Condition list

  • Hospice is added as a new condition
  • Terminal illness with less than six months to live is added as a new condition
  • “Other autoimmune disorders” is removed; HIV and AIDS remain
  • “Other gastrointestinal disorders” is removed; Crohn’s and ulcerative colitis remain
  • Pain is redefined as any pain lasting longer than two weeks that hasn’t substantially responded to non-opioid medication or physical treatment


  • Minors not allowed inside
  • ID card must be provided
  • Must employ one pharmacist to consult with patients
  • Patient records will not be destroyed after 60 days
  • Renamed as “medical cannabis pharmacies” (a state legal definition; they’re not actual pharmacies)
  • Only five privately owned facilities will be licensed
  • A “state central fill pharmacy” will also be created, which is government owned and will ship products to local health departments for patient pickup
  • Date triggers pressuring the central fill to begin operations will expand the number of privately owned “medical cannabis pharmacies” up to 10 maximum, should the central fill be delayed or unable to open

Medicine Type

  • Flower is permitted but must be sold in blister packs with consistent weights between each flower so dosing can be more easily achieved
  • The only edible type permitted is a cube-shaped chewable gummy or dissolvable lozenge
  • Resin/wax is permitted as a tertiary delivery type; you must try, and not succeed with, two other methods before attempting this one
  • Maximum possession limit is a 30 day supply (four ounces flower or 20 grams THC in cannabis products)


  • Only MDs or DOs can provide a recommendation
  • Must take four hours of training every two years, which can count towards their existing continuing education requirements
  • May optionally specify a dosage restriction for the patient; if specified, patient can only purchase that medicine type/quantity from the medical cannabis pharmacy
  • If no dosage is specified, patient must consult with the pharmacist to have dosage determined; purchased product is put into database so physician can later review and consult with patient
  • May not receive compensation (“kickback”) from cannabis businesses for their recommendation
  • First card issued has a one month maximum, first renewal can be for up to two months, and subsequent renewals up to six months


  • Affirmative defense is extended through January 1, 2021 when medical cannabis pharmacies must be operational; only applies if you had a pre-existing diagnoses from a physician who believed you could benefit from cannabis at the time of arrest
  • Home grow provision is eliminated; if medical cannabis pharmacies are not operational by the above-mentioned date, medical decriminalization kicks in and patients may not be prosecuted for using medical cannabis in the forms allowed under Utah law
  • As mentioned above, should the state central fill pharmacy not be operational under the timeline required, more licenses will be issued to privately owned medical cannabis pharmacies
  • If cannabis is rescheduled, medical cannabis pharmacies will have one year to either cease operations or convert to a traditional pharmacy, which could then sell cannabis as well


  • Patients only prohibited from getting a medical cannabis card if they were convicted of a felony for drug distribution
  • New crime created for patient diversion when giving medical cannabis products to others
  • Existing penalties apply to smoking; lower infraction penalty is removed
  • Liquid assets required to operate a cannabis business cut in half
  • Zoning restrictions for distance requirements of cannabis are removed; cities must zone medical cannabis pharmacies the same way they do for tobacco shops and liquor stores
  • Detailed annual reporting required to help advocates and elected officials analyze what’s working and what needs to be tweaked
  • Employers may not discriminate against medical cannabis cardholders for the mere fact that they are a patient
  • All cannabis products will carry a warning label