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Utah Proposition 2, Medical Marijuana Initiative (2018)

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Utah Proposition 2
Flag of Utah.png
Election date
November 6, 2018
Topic
Marijuana
Status
Repealed, altered, or partially repealed
Approved/Altered
Type
State statute		Origin
Citizens

Utah Proposition 2, the Medical Marijuana Initiative was on the ballot in Utah as an initiated state statute on November 6, 2018. It was approved and then altered by the legislature.

A "yes" vote supported legalizing the medical use of marijuana for individuals with qualifying medical illnesses.
A "no" vote opposed legalizing the medical use of marijuana for individuals with qualifying medical illnesses.

Election results

Utah Proposition 2

Result Votes Percentage

Approved Yes

562,072 52.75%
No 503,558 47.25%
Results are officially certified.
Source


Aftermath

On November 30, 2018, Governor Gary Herbert formally called for a special session for legislators to make changes to Proposition 2.[1] On December 3, 2018, the legislature passed and the governor signed House Bill 3001, the Utah Medical Cannabis Act, into law. Two lawsuits were filed— one brought by The People's Right and one brought by TRUCE and the EAU—concerning the legislature's move to replace Proposition 2 with HB 3001. On September 16, 2019, during a special session, the Utah legislature unanimously passed Senate Bill 1002, which made amendments to the medical marijuana law.

Senate Bill 1002 (2019 first special session)

On September 16, 2019, during a special session, the Utah legislature unanimously passed Senate Bill 1002, which made amendments to the medical marijuana law. Highlighted changes made by the bill include the following:[2]

  • Repealed provisions providing for a state-run medical marijuana dispensary;
  • Provided for awarding licenses to operate 14 private dispensaries, allowed the state Department of Health to issue additional licenses "based on market necessity";
  • Authorized the Utah Department of Agriculture and Food to license research universities to conduct research on medical marijuana;
  • Provided for electronic medical marijuana cards;
  • Provided that a court could not consider the use of medical marijuana differently than the legal use of any prescribed medication that is a controlled substance (rather than the original bill's provision that marijuana use be treated like the legal use of a prescription opiate or opioid).

SB 1002 was passed unanimously in each chamber, though two senators and nine representatives were absent or not voting. The full text of SB 1002 can be found here.[2]

The removal of the provisions for the state-run medical marijuana dispensary comes after Davis County and Salt Lake County attorneys in July advised their health departments against dispensing medical marijuana. The county attorneys feared that county health department workers could be prosecuted for marijuana distribution. Davis County Attorney Troy Rawlings said, “the federal Controlled Substances Act is directly in conflict with what the state statute [under HB 3001] requires health departments to do. There is no exemption in federal law for being basically a marijuana distributor — a dealer — for a county. There is no exception."[3][4]

Legislative alteration

See also: Legislative alteration

House Bill 3001 (2018)

The first bill designed to replace Proposition 2, known as the Utah Medical Cannabis Act or House Bill 3001 (HB 3001), can be found here. The legislature passed and the governor signed the bill on December 3, 2018.[5][6]

The bill passed in the House 60-13 with two not voting. Of the 13 Democrats in the Utah House of Representatives, 12 voted no and one (Elizabeth Weight) was absent or did not vote. All yes votes came from Republicans, except one, Marc Roberts, who was absent or did not vote. One Republican, Mike Kennedy, joined Democrats in voting no. The bill passed in the Senate 22-4 with 3 Republicans absent or not voting. All four no votes came from Democrats, excluding one Democrat, Gene Davis, who joined 21 Republicans in voting yes. To see the vote in the Legislature as a table, click [show] below:

Negotiations between Utah legislators and Proposition 2 supporters (including the Utah Patients Coalition and Libertas Institute) and opponents (including Drug Safe Utah and The Church of Jesus Christ of Latter-day Saints) resulted in an agreement concerning legislative alterations to Proposition 2 to be addressed by the legislature after the November election if the measure was approved, which it was. The alterations were initially presented and referred to as a "compromise deal."[7]

Utah Governor Gary Herbert (R) called for a special session of the Utah Legislature to convene after the November election to create a medical marijuana policy for Utah regardless of whether or not Proposition 2 was approved by voters. Herbert said, "Whether it passes or fails, we're going to arrive at the same point and conclusion, which is going to be (of) benefit to the people of Utah."[8]

Utah is one of 11 states that have no restrictions on legislative alterations, which means the legislature can amend or repeal initiated state statutes with a simple majority vote at any time. To read more about legislative alterations to ballot measures, click here.

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 allowed for medical marijuana treatment for HIV or AIDs but not other autoimmune disorders. The bill allowed for medical marijuana treatment for cachexia, but not other conditions manifested by physical wasting. It allowed 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.

HB 3001 also enacted provisions providing for a state-run medical marijuana dispensary, which were repealed by Senate Bill 2001 passed in September 2019.[9]

Responses to HB 3001

Poll

A poll of 604 registered Utah voters conducted by the Hinckley Institute of Politics from January 15-24, 2019, found that 51 percent of respondents supported the legislative alterations to Proposition 2, 41 percent opposed it, and seven percent didn't know.[10]

Support

  • Utah Governor Gary Herbert (R) wrote in a prepared statement, "This is a historic day. With the passage of the Utah Medical Cannabis Act, Utah now has the best-designed medical cannabis program in the country. Working with trained medical professionals, qualified patients in Utah will be able to receive quality-controlled cannabis products from a licensed pharmacist in medical dosage form. And this will be done in a way that prevents diversion of product into a black market."[11]
  • Rep. Merrill Nelson (R) said, "We have the right to override what the people do by initiative, we don't do that willy-nilly.”[12]
  • House Speaker Gregory Hughes (R), who sponsored the legislation, said, "I believe this agreement was a landmark day for our state, and we are helping people."[12]
  • The Deputy Director of the Marijuana Policy Project, which supported Proposition 2, said, "This bill is undoubtedly inferior to the law enacted by voters in November. However, Proposition 2 would very likely have been defeated without the compromise deal, which prevented an onslaught of opposition spending. Advocates made the responsible decision to negotiate with opponents and ensure that patients were not left without any access to medical cannabis."[13]

Opposition

  • Utah Sen. Jim Dabakis (D) said, "The Republicans replaced the voter’s verdict on Prop 2 with their own nightmare version of Medical Cannabis. The GOP ‘compromise’ plan will make it much harder, if not impossible, for patients to get the help they need."[11]
  • Utah Sen. Luz Escamilla (D) said, "We're rushing this. It's bad public policy and it's sad."[12]

Lawsuits over legislative alteration of Proposition 2

The People's Right v. state officials:

  • August 6, 2019: The Utah Supreme Court unanimously rejected the legal challenge brought by The People's Right, writing "We deny on the merits petitioners’ arguments that the Governor effectively vetoed Proposition 2 and therefore exceeded his authority and that the two-thirds provisions of the Utah Constitution and Utah Code do not apply to legislation that amends an initiative."[14]
  • March 25, 2019: The People's Right argued their case in the Utah Supreme Court seeking to overturn House Bill 3001.[15]
  • December 10, 2018: The People's Right filed a lawsuit against the legislature's alteration of Proposition 2.[16] The Governor, state executives, and lawmakers argued that they acted within their authority and asked the court to reject the lawsuit.[17]

TRUCE and EAU v. state officials:

  • September 14, 2020: Fox 13 Now reported that the lawsuit was dropped.[18]
  • June 15, 2019: Fox 13 Now reported that the case would likely go to trial in late 2020 or early 2021.[19]
  • May 3, 2019: The Associated Press reported that plaintiffs would drop their claim surrounding the LDS church's involvement and would instead focus on their claim that the legislature's immediate alteration of the ballot measure was unconstitutional.[20]
  • April 22, 2019: The Utah Attorney General, Sean D. Reyes (R) filed a motion seeking to dismiss the lawsuit. In the filing, he argues that the plaintiffs failed to show that the LDS Church directly influenced the legislature's action to amend Proposition 2 and that the legislature is constitutionally allowed to alter ballot measures approved by voters.[21]
  • December 5, 2018: Former Salt Lake City mayor and attorney Rocky Anderson filed a lawsuit on behalf of TRUCE and the EAU regarding the legislature's move to replace Proposition 2 with the Utah Medical Cannabis Act.

TRUCE and EAU vs. state officials

Former Salt Lake City mayor and attorney Rocky Anderson filed a lawsuit on December 5, 2018, on behalf of Together for Responsible Use and Cannabis Education (TRUCE) and the Epilepsy Association of Utah (EAU) regarding the legislature's move to replace Proposition 2 with the Utah Medical Cannabis Act. Anderson wrote, "Although initiative statutes may be amended or repealed by the Legislature, the almost immediate extreme undermining of numerous provisions of Proposition 2 at the behest of The Church of Jesus Christ is anti-democratic and contemptuous of the ... recognition in the Utah Constitution that the people are to have the power to enact legislative changes."[22] Regarding his lawsuit, Anderson said, "Anything that defeats the right of the people to pass their own legislation under our constitution should be declared unconstitutional. Otherwise, it’s totally illusory."

TRUCE founder and lawsuit plaintiff Christine Stenquist said, "What I think about the process? It’s a sham. It’s an absolute sham. When you sit there and you make the citizens of Utah jump through the hoops you jump through to pass an initiative and the first business day you undermine and remove our voice? That’s a problem."[6]

The Utah Attorney General's Office said the lawsuit "raises important constitutional questions," but also stated that the legislature has the authority to repeal or amend all laws, including laws created through ballot initiatives.[23]

On May 3, 2019, the Associated Press reported that plaintiffs would drop their claim surrounding the LDS church's involvement and would instead focus on their claim that the legislature's immediate alteration of the ballot measure was unconstitutional.[24]

Fox 13 Now reported on September 14, 2020, that the lawsuit was dropped.[25]

The People's Right vs. state officials

A second legal challenge was brought by Steve Maxfield, Bart Grant, and Daniel Newby, who filed an emergency petition with the Utah Supreme Court asking the court to overturn the law passed by the Legislature and reinstate Proposition 2 in its original form as approved by voters. Maxfield, leader of a group called The People's Right, said, "We either do have the right [to change the government through the initiative or referendum process] or we don't. I want them to clarify it. If this court fails to act and correct this aberration... the initiative and referendum power of the people is dead, and should be given a proper and honorable burial by this court as an antiquated and outdated relic of an earlier time." Maxfield filed a petition to begin collecting signatures for a veto referendum on the bill, but the petition was rejected.[26]

Attorneys for the governor wrote that "voters have no right to referendum on a law like H.B. 3001 that was passed by at least two-thirds of the House and Senate" and that at least one of the referendum application sponsors failed to meet the statutory requirement of voting in a general election in Utah in the last three years.[17] Assistant Utah Attorney General Stanford Purser wrote, “In short, initiatives are not amendment-proof, and legislatively amended initiatives are not an exception to the constitutional limits on referenda."[17]

The Utah Supreme Court unanimously rejected the legal challenge brought by The People's Right, writing "We deny on the merits petitioners’ arguments that the Governor effectively vetoed Proposition 2 and therefore exceeded his authority and that the two-thirds provisions of the Utah Constitution and Utah Code do not apply to legislation that amends an initiative ... HB 3001 was passed by the legislature and both houses voted for the bill by a two-thirds supermajority. Accordingly, the Lieutenant Governor’s decision that it was exempt from a referendum was correct."[27]

Petitioner Daniel Newby said, "The charade is over. Utah’s supreme court has confirmed that the initiative process, the last resort citizens thought they could use to resist the network of corruption infesting every branch of government, was an illusory fraud all along ... So-called initiatives are nothing more than non-binding resolutions conspiring politicians use for toilet paper."[27]

Legislative alteration context

See also: Legislative alterations of ballot initiatives and Legislative alteration rules

From 2010 through 2018, 97 initiated state statutes and two initiated ordinances in D.C. were approved by voters. Of these 99 total initiatives from 2010 through 2018, 28 were repealed or amended as of April 2019. The states with the most total cases of legislative alterations of initiatives approved since 2010 were Maine—with four initiatives altered out of eight approved—and Colorado and Oregon—each with three initiatives altered out of five approved. Among initiatives approved from 2010 through 2018, marijuana was the topic that drew the most legislative alterations, with eight initiatives. Other topics addressed by legislatively altered initiatives included elections and campaigns, term limits, education, business regulation, law enforcement, minimum wage, taxes, and gambling.

The rate of legislative alteration was 13 percentage points higher for initiatives approved in 2016 and 2018 than initiatives approved from 2010 through 2015.


Legislative alteration rates
Year span # approved # altered Alteration rate
2010 - 2024 175 30 17.14%
2016 - 2018 56 20 35.71%
2010 - 2015 43 9 20.9%

Click here for information about all legislative alterations of initiatives approved since 2010.

Overview

What was Proposition 2 designed to do?

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.[28]

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.[29][30]

What was the legal status of marijuana in Utah?

Going into the election, Utah had not legalized recreational marijuana. In 2014, Governor Gary Herbert (R), who opposed Proposition 2, signed a bill which legalized possession and use of low-THC CBD oil, one of the non-psychoactive ingredients found in marijuana, by registered patients suffering from intractable epilepsy with a physician's recommendation. However, the bill included no provision for patients to legally acquire the oil within the state. In the 2018 legislative session, the state legislature passed and the governor signed a bill, called the Right to try bill, to allow terminally ill patients to use medical marijuana—which was set to be cultivated and distributed by the Utah Department of Agriculture and Food. A bill was also enacted which expanded the state's program for cannabis oil. The 2018 law, House Bill 197, authorized and regulated the sale of CBD within the state. HB 197 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.

What was the legal status of marijuana at the federal level?

As of 2018, both medical and recreational marijuana were illegal under federal law. However, the Department of Justice (DOJ) under Presidents Trump (R) and Obama (D) had not prosecuted most individuals and businesses following state and local marijuana laws. On January 4, 2018, Attorney General Jeff Sessions (R) rescinded guidelines, known as the Cole Memo, that deprioritized the enforcement of federal marijuana laws in states where marijuana had been legalized. The DOJ issued the Cole Memo in 2013, following the legalization of marijuana in Colorado and Washington. Sessions' DOJ authorized U.S. Attorneys to decide which marijuana crimes to prosecute and directed them to consider "federal law enforcement priorities, the seriousness of the crime, the deterrent effect of criminal prosecution, and the cumulative impact of particular crimes on [communitites]."[31][32] In April 2018, Colorado Sen. Cory Gardner (R) said President Trump told him that "the Department of Justice's rescission of the Cole memo will not impact Colorado's legal marijuana industry." Gardner also said, "Furthermore, President Trump has assured me that he will support a federalism-based legislative solution to fix this states' rights issue once and for all."[33][34][35]

Who supported and opposed Proposition 2?

Ballotpedia identified one committee registered in support of Proposition 2: Utah Patients Coalition. The committee reported $950,124 in contributions—$892,355 in cash contributions and $57,768 in in-kind services.[36] The top five donors provided 76.58 percent of the contributions to Utah Patients Coalition. The largest donor was the Marijuana Policy Project, which contributed $318,111 in cash contributions and in-kind services.[36]

Ballotpedia identified two committees registered to oppose Proposition 2: Drug Safe Utah and Truth About Proposition 2. Together, they had raised $1.087 million and had spent $1.14 million. The largest donor was Walter J. Plumb III, who gave $228,649.

Looking for more information about marijuana on the ballot in 2018? Explore other Ballotpedia articles on the subject below.
Marijuana laws in the U.S.
Drug Policy Alliance • Marijuana Policy Project • NORML • SAM Action
Recreational marijuana on the ballot:
Michigan Proposal 1 • North Dakota Measure 3
Medical marijuana on the ballot:
Missouri Amendment 2 • Missouri Amendment 3 • Missouri Proposition C • Oklahoma State Question 788 • Utah Proposition 2

Measure design

Click on the arrows (▼) below for details about the provisions of Proposition 2.

Medical marijuana legalization: Qualifying conditions, rules on use, and taxes and fees

Proposition 2 was designed to legalize the medical use of marijuana for individuals with qualifying illnesses. Qualifying illnesses under Proposition 2 include the following:

  • HIV, AIDs, or other autoimmune disorder
  • Alzheimer's disease
  • Amytrophic lateral sclerosis (ALS)
  • Cancer
  • Cachexia or other wasting disease characterized by physical wasting such as weight and muscle loss
  • A condition manifest by nausea or malnutrition associated with chronic disease
  • Crohn's disease, ulcerative colitis, or other gastrointestinal disorder
  • Epilepsy or other disorder causing seizures
  • Multiple sclerosis or other condition causing muscle spasms
  • Post-traumatic stress disorder (PTSD)
  • Autism
  • Any rare condition or disease affecting less than 200,000 individuals in the U.S.
  • Chronic or debilitating pain if a physician determines that the individual is at risk of becoming dependent on or overdosing on opiate pain medication or is otherwise unable to use opiates
  • Other conditions evaluated on a case-by-case basis


Proposition 2 was designed to enact or keep bans on smoking marijuana, driving under the influence of marijuana, or using marijuana in public view except in a medical emergency. Under the measure, a medical marijuana cardholder can not smoke marijuana or use a device to facilitate the smoking of marijuana.[28]

Proposition 2 exempted marijuana from local and state sales taxes. It was designed to direct the state legislature to enact business license fees for marijuana businesses to fund the ongoing costs of the initiative's implementation.[28]

Acquiring medical marijuana: Provisions related to cultivation facilities, dispensaries, marijuana cards, and more

Proposition 2 was designed to require an individual or a parent or legal guardian of a minor who wants to use marijuana for medical purposes to receive a medical card from the Utah Department of Health. To receive a medical card, a recommendation from a physician is needed under Proposition 2. Physicians are able to recommend marijuana if the patient had a qualifying illness and may benefit from using marijuana under the measure. Proposition 2 authorized the state Department of Health to begin issuing medical cards no later than March 1, 2020.[28]

The initiative was designed to allow for the licensing of up to 15 marijuana cultivation facilities, though that limit can be reconsidered in 2022 if additional facilities would be necessary to keep up with demand. The measure restricted the number of dispensaries by the number of residents in a county divided by 150,000 and rounded up to the greatest whole number.[28] In 2016, Salt Lake County, the state's largest county by population, would have been allowed eight dispensaries under Proposition 2.[37]

Proposition 2 allowed Dispensaries to sell marijuana to individuals with medical cards. During any one 14-day period, an individual is allowed to buy either 2 ounces of unprocessed marijuana or an amount of marijuana product with no more than 10 grams of tetrahydrocannabinol (THC) or cannabidiol.[28]

Under Proposition 2, after January 1, 2021, individuals with medical cards are allowed to grow six marijuana plants for personal use within their homes if there are no dispensaries within 100 miles. However, this provision was considered for removal according to the compromise deal between legislators and the support and opposition campaigns.

Negotiations between Utah legislators and Proposition 2 supporters (including the Utah Patients Coalition and Libertas Institute) and opponents (including Drug Safe Utah and The Church of Jesus Christ of Latter-day Saints) resulted in an agreement on potential compromise legislation on October 3, 2018.[38] The agreement concerns legislative alterations to Proposition 2 to be addressed by the legislature after the November election if the measure is approved. Click here to read more.[28]

The measure exempts the sale of medical marijuana and medical marijuana devices from the sales tax.[28]

Under Proposition 2, local governments are prohibited from enacting zoning ordinances to ban cultivation facilities, processing facilities, testing laboratories, and dispensaries on the basis that these businesses possess, grow, manufacture, or sell marijuana or that these types of businesses violate federal law. Local governments are allowed to pass laws governing the time, place, and manner of dispensary operations. Proposition 2 also allowed the application of other local zoning ordinances to marijuana businesses. The initiative prohibited businesses from being within 600 feet of a school, public park, playground, church, or library and 300 feet from lots zoned for residential use.[28]

Compassionate Use Board: Provisions related to the establishment of a board within the Department of Health

The measure created a Compassionate Use Board that was made responsible for reviewing and recommending to the Department of Health approval for an individual who is not otherwise qualified to receive a medical marijuana card to receive a medical marijuana card for compassionate use if (a) an individual provides evidence that the individual suffers from a condition that substantially impairs the individual's quality of life and (b) if the board determines it is in the patient's best interest to allow the compassionate use of medical marijuana. The Department of Health was tasked by Proposition 2 with reviewing compassionate use recommendations and issuing medical marijuana cards if it concurs with the board's recommendation.

Affirmative defense: Provisions related to criminal charges and defenses under the measure

Under the measure, before July 1, 2020, it is considered affirmative defense, (meaning it would negate any criminal charges) and courts is directed to dismiss such charges (a) if an individual is charged with illegally using, possessing, or manufacturing marijuana or marijuana products and the individual would be eligible for a medical marijuana card and if the individual's conduct would be lawful after July 1, 2020, or (b) if the individual has a medical marijuana card from another state and has a qualifying condition under Proposition 2.[28]


Text of measure

Ballot title

The ballot title for Proposition 2 was as follows:[39]

“

Shall a law be enacted to:

  • establish a state-controlled process that allows persons with certain illnesses to acquire and use medical cannabis and, in certain limited circumstances, to grow up to six cannabis plants for personal medical use;
  • authorize the establishment of facilities that grow, process, test, or sell medical cannabis and require those facilities to be licensed by the state; and
  • establish state controls on those licensed facilities, including:
    • electronic systems that track cannabis inventory and purchases; and
    • requirements and limitations on the packaging and advertising of cannabis and on the types of products allowed?

[40]

”

Impartial analysis

The impartial analysis for Proposition 2 was as follows:[41]

“

Proposition Number 2 adds to current Utah law related to medical cannabis, also known as medical marijuana, in two main ways. First, it authorizes the establishment of private facilities that grow, process, test, and sell medical cannabis and requires the state to regulate those facilities. Second, the Proposition establishes a state-controlled process for people with certain conditions to receive approval to acquire, use, and, in certain limited circumstances, grow medical cannabis.

Current Law

Current Utah law requires the state, by January 1, 2019, to ensure that cannabis is grown in the state and can be processed into medicinal form and to establish a state facility to sell the cannabis that has been processed into a medicinal form.

Under current Utah law, cannabis can be grown, processed, or sold only by the state. The state may sell cannabis only to a qualified research institution or a person who is terminally ill with less than six months to live.

Under current federal law, it is illegal to distribute, possess, or use cannabis. The federal law is enforceable throughout the country, regardless of whether a state law authorizes the distribution, possession, or use of cannabis in some manner. To the extent a state law prevents the federal government from executing the federal law, the federal law controls and a court could find that the state law is invalid.

Effect of Proposition 2

Proposition 2 does not eliminate or change Utah’s existing cannabis-related law but adds to it in two main ways. First, the Proposition adds a parallel path for cannabis production and distribution by authorizing the establishment of private facilities that grow, process, test, and sell medical cannabis. Second, the Proposition establishes a parallel process for people to receive approval to use medical cannabis, expanding the group of people eligible to use medical cannabis.

Licensed and regulated facilities

Proposition 2 authorizes the establishment of four types of private cannabis facilities:

  • cultivation facilities, which grow cannabis to sell to other cannabis facilities;
  • processing facilities, which acquire unprocessed cannabis from cultivation facilities, process it into cannabis products, and sell those products to dispensaries;
  • testing facilities, which test samples of all cannabis and cannabis products to be sold by dispensaries; and
  • dispensaries, which acquire cannabis and cannabis products from cultivation facilities and processing facilities to sell to people who have been approved to use medical cannabis.

Proposition 2 also requires the state to license and regulate cannabis facilities and establishes requirements for and limitations on the facilities, including requirements and limitations relating to:

  • the advertising, packaging, labeling, processing, testing, and transporting of medical cannabis;
  • the types of products that may be processed or sold;
  • the quantities of medical cannabis that may be sold; and
  • the number of facilities that may be licensed to grow or sell medical cannabis.

Proposition 2 requires each licensed cannabis facility to maintain an inventory control system that:

  • tracks cannabis in real time, using a unique identifier;
  • stores in real time a record of the facility’s cannabis inventory;
  • includes a video recording system to track cannabis handling and processing;
  • maintains compatibility with the state’s electronic system identifying people approved to use medical cannabis; and
  • is accessible to the state during inspections, which can occur at any time.

Medical cannabis use

Proposition 2 establishes a state-controlled process to allow, beginning March 1, 2020, certain people to receive approval to use medical cannabis, expanding the group of people eligible to use medical cannabis. To receive approval to use medical cannabis under Proposition 2, a person must have one of the conditions listed as a “qualifying illness” and receive a physician’s recommendation. Proposition 2 also establishes a process for a person whose condition is not included on the list of qualifying illnesses to receive approval to use medical cannabis. To receive approval, a person must provide satisfactory evidence to a five-member board of physicians that the person has a condition that is hard to control or deal with and substantially impairs the person’s quality of life, and the board must determine that medical cannabis use is in the person’s best interest.

Under Proposition 2, a person approved to use medical cannabis is:

  • prohibited from using medical cannabis in public, except in a medical emergency;
  • prohibited from smoking cannabis;
  • prohibited from using medical cannabis while operating a motor vehicle;
  • required to carry proof, when possessing medical cannabis outside the person’s residence, that the person is approved to use medical cannabis;
  • required to carry cannabis, when outside the person’s residence, only in limited quantities and with labeling that indicates its source;
  • allowed to grow up to six cannabis plants for personal medical use, if, after January 1, 2021, there is no licensed dispensary selling medical cannabis within 100 miles of the person’s residence; and
  • allowed to designate up to two persons to help, without compensation, the person acquire or grow medical cannabis, if a physician determines that the person needs assistance.

Proposition 2 requires the state to maintain an electronic system, operational by March 1, 2020, that, among other things, allows:

  • a physician to submit a recommendation for medical cannabis treatment;
  • a person to apply from a physician’s office for approval to use medical cannabis;
  • the state to track and archive, for no more than 60 days, cannabis purchases; and
  • law enforcement to determine during a traffic stop whether a person is approved to use medical cannabis.

[40]

”

Fiscal impact

The fiscal impact statement for Proposition 2 was as follows:[41]

“

Proposition 2 exempts medical cannabis sales from state and local sales tax and requires the state to impose fees, including licensing and registration fees paid by cannabis facilities, to cover the ongoing costs of implementing the Proposition. In the first year, Proposition 2 may cost the state $3.6 million, an amount that includes one-time setup costs. Some of the first year’s initial setup costs will have to be paid before the state begins collecting fees, requiring the state to pay $1.3 million from state tax revenue. After the first year, the annual revenue from fees is expected to cover the Proposition’s estimated annual cost of $2.1 million. [40]

”

Full text

The full text is available here.

Readability score

See also: Ballot measure readability scores, 2018
Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The Office of Legislative Research and General Counsel wrote the ballot language for this measure.


The FKGL for the ballot title is grade level 12, and the FRE is 36. The word count for the ballot title is 97, and the estimated reading time is 25 seconds. The FKGL for the ballot summary is grade level 14, and the FRE is 29. The word count for the ballot summary is 873, and the estimated reading time is 3 minutes and 52 seconds.

In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here.

Support

Utah Patients Coalition Yes on Prop 2 Logo.jpg

The Utah Patients Coalition led the campaign in support of the initiative.[43]

Supporters

Arguments

  • The Utah Patients Coalition said, "Right now, Utah patients battling cancer, seizures, and other life-threatening conditions must break the law in order to relieve their pain and suffering. By passing the medical cannabis ballot initiative next year, Utah can end this cruel and unjust policy."[43]
  • Dr. Dan Cottam stated that the Utah Medical Association's opposition to the initiative was not representative of all doctors or even all members of the association. Speaking of the association's opposition, Cottam said, “Far from being based on research or science, let alone the consensus of the doctors they purport to represent, it is a position that does not speak for many doctors like myself who are prepared to provide this medicine for our patients. The initiative will relieve the suffering of hundreds of patients each year.”[47]
  • Salt Lake County District Attorney, Sim Gill, said "I will be voting in favor of this initiative in November. This is not about recreational marijuana, that is not what I support, but I will advocate for not criminalizing the conduct of parents, patients, and family members for an act of compassion. As a public prosecutor, the last thing I want to be doing is be in the middle of a conversation between a patient and their physician. They should not have to worry about the specter of criminal prosecution for an act of compassion."[48]
  • The Libertas Institute commented on the legal analysis released by the Church of Jesus Christ of Latter-day Saints, saying "We welcome reasonable, good faith discussion on the merits of the initiative but find little substance in this analysis." DJ Schanz, campaign director of the Utah Patients Coalition said, "The Libertas Institute has done a magnificent job of giving a point by point rebuttal of Kirton McConkie’s slanted and biased analysis of the Utah Medical Cannabis Act." The Mormon Church noted that patients could "deceptively" acquire a medical marijuana card by telling their doctors they have chronic pain when they don't. The Libertas Institute responded, "This will of course happen. It does currently, with opiates."[49]
  • Salt Lake County Sheriff Rosie Rivera said, “I’ve had personal friends who have had cancer and died. I really feel medical marijuana could have helped with their pain. I support that.”[44]

Official argument

The following official argument was submitted by the Utah Patients Coalition in favor of Proposition 2:[50]

“

The Utah Medical Cannabis Act would allow sick and suffering Utahns to legally access cannabis if their doctors feel it can help them.

Passing this law would make Utah the 30th state to approve medical cannabis as a treatment for sick and ailing patients with a limited set of approved conditions. Polls in Utah have repeatedly shown over 75% of voters support this proposal.

Despite such strong support, the Legislature has not been willing to pass an effective law that stops treating patients as criminals. As a result, the Utah Patients Coalition collected nearly 200,000 signatures to give you the opportunity to decide this important issue.

The Utah Medical Cannabis Act is a cautiously crafted bill, written with Utah values in mind. It includes responsible regulations to ensure only patients can obtain legal access. It also gives law enforcement significant oversight and applies numerous restrictions to minimize abuse. Recreational use of cannabis would remain strictly prohibited and will continue to be prosecuted according to the law.

Patients with the following ailments would be allowed access under a doctor’s supervision:

Epilepsy
Cancer
Chronic pain
Crohn’s disease
Autism
PTSD
Multiple Sclerosis
HIV/AIDS
Alzheimer’s disease
ALS (Lou Gehrig’s Disease)

Individuals suffering from these conditions should not be criminalized, especially when others like them are able to find symptom relief in states that provide safe, legal use of cannabis-based treatments. Creating medical refugees of sick Utahns—and forcing them to abandon their support network in our great state merely to find relief elsewhere—is inhumane. There is a better way.

If you agree, we invite you to support medical patients by voting in favor of the Utah Medical Cannabis Act. Patients shouldn’t be treated as criminals.[40]

”

Opposition

No2Prop2Logo.jpg
DSU LOGO.png

Drug Safe Utah and Truth About Proposition 2 led the campaign in opposition to the measure.[51]

Opponents

Drug Safe Utah coalition members:

  • The Utah Medical Association[52]
  • The Church of Jesus Christ of Latter-day Saints[47]
  • Utah Narcotics Officers Association[53]
  • Utah Eagle Forum[53]
  • D.A.R.E. Utah[53]
  • DEA Salt Lake Metro Narcotics Task Force, Drug Safety Advisors[53]

Organizations and elected officials opposed to the measure:[53]

Arguments

  • The Utah Medical Association said in a statement: "This initiative is not about medicine. Supporters have used images and stories of suffering patients to disguise their true aim, opening another market for their products and paving the way for recreational use of cannabis in Utah.”[52]
  • Utah governor Gary Herbert said in a statement that he believes the proposal has major flaws and lacks safeguards for the growing and distribution of marijuana that “would potentially open the door to recreational use.”[55] On August 30, 2018, during his monthly news conference, Herbert said the following about medical marijuana in Utah: "I’d like to see the federal government get out of the way. We ought to call upon our congressional delegation [to] take it off the Schedule I list. Let’s do the studies, let’s do the clinical trials. It’s time to find out the truth scientifically so that this can be prescribed by a doctor, distributed by a pharmacist, so people can know what they’re getting in their compounds. If [Proposition 2] doesn’t pass, we’ll start new. We’ll create, in this upcoming legislative session, a bill that everybody can support. One way or the other, we’re going to get a law on the books that makes some sense for the people of Utah."[56]
  • The Church of Jesus Christ of Latter-day Saints said in a statement, “We commend the Utah Medical Association for its statement cautioning that the proposed Utah marijuana initiative would compromise the health and safety of Utah communities.”[47] The Church of Jesus Christ of Latter-day Saints commissioned a legal analysis by a Salt Lake City law firm, Kirton McConkie. The Church released the analysis on May 11, 2018. In a statement, the Church said, "The proposed Utah Medical Marijuana Initiative is a matter of great controversy in this state. The negative effects and consequences of marijuana use on individuals, families and society at large are well-known. There are also those who claim that it has medicinal benefits for those in some circumstances. Accordingly, the church asked a Salt Lake City law firm for a legal analysis of the proposed initiative to be submitted to the voters next fall. We wanted to know what the initiative would actually do, if adopted. … That memorandum raises grave concerns about this initiative and the serious adverse consequences that could follow if it were adopted. We invite all to read the attached memorandum and to make their own judgment."[57]
  • Elder Jack N. Gerard, a General Authority Seventy with the LDS church, said, "The church does not object to the medicinal use of marijuana, if doctor-prescribed, in dosage form from a licensed pharmacy," although the church is formally opposed to Proposition 2. Gerard said the measure "goes too far."[58]
  • Paul Mero, President and CEO of the Next Generation Freedom Fund, said in his opinion column that "The Utah Medical Marijuana Initiative is neither needed as a practical matter nor good public policy generally. The truth is the Utah Medical Marijuana Initiative is a ruse being perpetrated by Utah libertarians and radicalized potheads across the country – regardless of the good people these deceivers front as medically needy. The D.C. lobbyists at the Marijuana Policy Project, old hippies at NORML and our own liberty-loving kooks at Libertas Institute feign a non-existent morality – some pot-induced moral code that only consuming marijuana will appease. Let me be as blunt as I can: You must be high to think this initiative is a good idea."[59]
  • Drug Safe Utah says on its website that "the marijuana initiative is not the answer. Explore why the marijuana ballot initiative is bad for Utah. It does little for real patients, but will harm Utah citizens, especially children."[51] Drug Safe Utah posted a job posting on Indeed that said, "Drug Safe Utah is hiring field staff to canvass voters who've recently signed the marijuana ballot initiative. We need help spreading the word about what the bill actually means for our communities and Utah as a whole, and we need it fast! Make $25/hr($200/day) with flexible employee scheduling, allowing team members to work 20-40 hours a week, depending on their availability."[60]
  • Weber County Sheriff Terry Thompson wrote, "Medical marijuana’s impact will touch all aspects of life in Utah including health and safety. Think about how that could affect our youth, schools, economy, and workforce. Do you want these negative influences in our community?"[44]

Official argument

The following official argument was submitted by Sen. Evan Vickers (R-28) and Rep. Brad Daw (R-60 in opposition to Proposition 2:[50]

“

This initiative promotes widespread recreational use while presenting itself as only helping patients. It needlessly exposes our children and youth to a dangerous and highly addictive drug. It violates sound medical practice. It will increase traffic fatalities and criminal activity. It overrides the ability of cities and towns to make their own zoning decisions. We strongly urge you to vote “AGAINST” this initiative.

Youth Marijuana Use Will Increase

A recent national survey shows that states that legalized marijuana have the highest rate of youth marijuana use in the nation. Utah currently ranks last. Adolescent use lowers IQ, reduces motivation, causes psychosis, and is associated with increased suicide attempts and abuse of other drugs. Utah has over 650,000 school children that will be put at significant risk. This is one reason Utah PTA opposes this initiative.

Marijuana Will Be Sold by Untrained “Budtenders”

Real medicine requires a prescription filled at a pharmacy. In sharp contrast, the initiative allows virtually anyone to obtain a healthcare provider’s “recommendation.” People with no legitimate medical training (“budtenders”) will then sell marijuana products with names such as Green Crack, AK-47, Gorilla Glue and Girl Scout Cookies. People will be able to buy the equivalent of 100 joints every two weeks. This is one reason Utah Medical Association opposes this initiative.

Traffic Fatalities and Crime Will Increase

States that have legalized marijuana have seen dramatic increases in marijuana-related traffic accidents and deaths. These states have also seen an increase in criminal marijuana activity. This is one reason the Utah law enforcement community opposes this initiative.

Cities Will Have No Control Over Marijuana Operations

Elected city and county officials will not be able to prevent large marijuana-growing warehouses, dispensaries, or other marijuana-related businesses from operating in our community. Marijuana could be sold as close as 300 feet to our homes and only 600 feet from schools, parks, and playgrounds. That’s why many local community leaders oppose this initiative.

Taxpayers Will Foot the Bill

This marijuana initiative is costly to taxpayers because it allows cash-only dispensaries to sell marijuana without charging sales tax. The state of Utah will be forced to regulate this new multimillion dollar industry with no offsetting tax to pay for it. Big Marijuana gets rich and we get the bill.

Utah Is Already Helping Patients We support medical marijuana when administered in the same manner as any other legitimate drug – through a physician and pharmacist. In addition to FDA approval of a marijuana extract for seizures, Utah has already approved science-based and medically sound treatments derived from marijuana for patients with specific needs.

Conclusion

This initiative is highly dangerous. It artfully conceals intentions that go far beyond the simplistic description given by initiative proponents. They are funded by a powerful pro-marijuana lobbying organization based in Washington, DC, that exploits the plight of the sick to further their ultimate goal of recreational marijuana. Vote “AGAINST” this costly, unnecessary, and dangerous initiative.[40]

”

Campaign advertisements

The following videos were released by Drug Safe Utah:[61]

Title: "Say No To Prop 2"
Title: "Say No To Prop 2 - Digital 1"


Media editorials

See also: 2018 ballot measure media endorsements

Support

  • The Salt Lake Tribune said: "The agreement on medical cannabis announced [on October 4, 2018] is a welcome compromise in a political climate that too often can’t find middle ground. It’s a good first step in a state that has resisted the first step. The next step is for voters to pass Proposition 2."[62]

Opposition

  • The Deseret News said: "Getting to good legislation by passing a bad proposition rarely turns out well. The best path is for Utahns to vote against Proposition 2 and then show the nation how real compromise and commonsense solutions can be achieved. We continue to affirm being for medical marijuana and against Proposition 2 is a congruent and compassionate position. Voting no on Proposition 2, while holding the Legislature and governor accountable for passing the compromise legislation, will be Utah at its best."[63]

Campaign finance

See also: Campaign finance requirements for Utah ballot measures

Ballotpedia identified one committee registered in support of Proposition 2: Utah Patients Coalition. The committee reported $950,124 in contributions—$892,355 in cash contributions and $57,768 in in-kind services.[36] The top five donors provided 76.58 percent of the contributions to Utah Patients Coalition. The largest donor was the Marijuana Policy Project, which contributed $318,111 in cash contributions and in-kind services.[36]

Ballotpedia identified two committees registered to oppose Proposition 2: Drug Safe Utah and Truth About Proposition 2. Together, they had raised $1.087 million and had spent $1.14 million. The largest donor was Walter J. Plumb III, who gave $228,649.

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $892,355.15 $57,768.43 $950,123.58 $896,281.65 $954,050.08
Oppose $905,165.04 $181,798.63 $1,086,963.67 $954,582.95 $1,136,381.58
Total $1,797,520.19 $239,567.06 $2,037,087.25 $1,850,864.60 $2,090,431.66

Support

The following table includes contribution and expenditure totals for the committees in support of the measure.[36]

Committees in support of Proposition 2
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Utah Patients Coalition $892,355.15 $57,768.43 $950,123.58 $896,281.65 $954,050.08
Total $892,355.15 $57,768.43 $950,123.58 $896,281.65 $954,050.08

Donors

The following were the top donors to the committee.[36]

Donor Cash Contributions In-Kind Contributions Total Contributions
Marijuana Policy Project $263,000.00 $55,111.32 $318,111.32
Libertas Institute $135,000.00 $0.00 $135,000.00
Our Story $124,000.00 $0.00 $124,000.00
Dr. Bronners Magic Soaps $112,000.00 $0.00 $112,000.00
Pass the Balanced Budget Amendment $49,000.00 $0.00 $49,000.00

Opposition

The following table includes contribution and expenditure totals for the committees in opposition to the initiative.[36]

Committees in opposition to Proposition 2
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Drug Safe Utah $817,618.17 $91,680.00 $909,298.17 $870,319.50 $961,999.50
Truth About Proposition 2 $87,546.87 $90,118.63 $177,665.50 $84,263.45 $174,382.08
Total $905,165.04 $181,798.63 $1,086,963.67 $954,582.95 $1,136,381.58

Donors

The following were the top donors to the committee.[36]

Donor Cash Contributions In-Kind Contributions Total Contributions
Walter J. Plumb III $115,000.00 $56,680.00 $171,680.00
Coloney Partners $100,000.00 $0.00 $100,000.00
John R. Miller $100,000.00 $0.00 $100,000.00
Keller Investments $100,000.00 $0.00 $100,000.00
Kem Gardner $100,000.00 $0.00 $100,000.00
Kem Gardner Family Partnership $100,000.00 $0.00 $100,000.00
Miller Family Philanthropy $100,000.00 $0.00 $100,000.00
Roger Boyer $100,000.00 $0.00 $100,000.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Polls

See also: Ballotpedia's approach to covering polls
Utah Proposition 2, Medical Marijuana Initiative (2018)
Poll Support OpposeUndecidedMargin of errorSample size
Tribune/Hinckley poll
10/3/2018 - 10/9/2018, 10/11/2018 - 10/12/2018		 51.0%46.0%3.0%+/-3.4822
Scott Rasmussen/HarrisX poll
9/30/2018 - 10/7/2018		 64.0%33.0%2.0%+/-2.971,087
Dan Jones & Associates
8/22/2018 - 8/31/2018		 64.0%33.0%2.0%+/-3.4809
Tribune-Hinckley poll
6/11/2018 - 6/18/2018		 66.0%30.0%4.0%+/-3.8651
Dan Jones & Associates
5/15/2018 - 5/25/2018		 72.0%25.0%2.0%+/-4615
Dan Jones & Associates
2/9/2018 - 2/16/2018		 77.0%21.0%3.0%+/-4609
Dan Jones & Associates
8/30/2017 - 9/5/2017		 74.0%22.0%4.0%+/-3.97608
Dan Jones & Associates
7/18/2017 - 7/20/2017		 78.0%20.0%2.0%+/-3.95605
Fairbank, Maslin, Maullin, Metz & Associates
2/17/2017 - 2/19/2017		 69.0%18.0%13.0%+/-4.9402
AVERAGES 68.33% 27.56% 3.89% +/-3.82 689.78
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

Background

Medical marijuana in the United States

See also: Medical marijuana and History of marijuana ballot measures and laws

As of May 2021, 36 states and Washington, D.C., had passed laws legalizing or decriminalizing medical marijuana. Additionally, 10 states had legalized the use of cannabis oil, or cannabidiol (CBD)—one of the non-psychoactive ingredients found in marijuana—for medical purposes.[73] In one state—Idaho—medical marijuana was illegal, but the use of a specific brand of FDA-approved CDB, Epidiolex, was legal.[74] Based on 2019 population estimates, 67.5 percent of Americans lived in a jurisdiction with access to medical marijuana.

Unique instances

Idaho: In 2015, the Idaho State Legislature passed a bill legalizing certain types of CBD oil that was later vetoed by Governor Butch Otter (R). In response, Otter issued an executive order allowing children with intractable epilepsy to use Epidiolex in certain circumstances. [75]

South Dakota: In 2019, the South Dakota State Legislature passed a bill amending one section of law by adding Epidiolex to its list of controlled substances. The bill also exempted CBD from the state's definition of marijuana in that section.[76] Elsewhere in state law, CBD was not exempted from the definition of marijuana. This discrepancy led to confusion that left the legal status of CBD in the state unclear for a year.[77]

After the 2019 changes, Attorney General Jason Ravnsborg (R) issued a statement, wherein he argued all forms of CBD oil, apart from Epidiolex, were illegal under state law.[78] Several state's attorneys expressed disagreement with the Attorney General's statements. Aaron McGown and Tom Wollman, state's attorneys for Minnehaha and Lincoln counties, respectively, issued a joint statement where they said the discrepancy left legality open to differing interpretations. Mark Vargo, the Pennington County state's attorney, said his office would not prosecute CBD cases based on his interpretation of the state law.[77]

On March 27, 2020, Gov. Kristi Noem (R) signed House Bill 1008 into law, which legalized industrial hemp and CBD oil in the state.[79]


Federal policy on marijuana

See also: Federal policy on marijuana, 2017-2018

Although the Department of Justice under Presidents Trump (R) and Obama (D) has not prosecuted most individuals and businesses following state and local marijuana laws as of January 2018, both medical and recreational marijuana are illegal under federal law. In November 2017, Attorney General Jeff Sessions (R)—a Trump nominee—told Congress that the policy of his office would stay fundamentally the same as that of the previous two attorneys general, Eric Holder and Loretta Lynch. On January 4, 2018, however, Sessions rescinded the Cole Memo, a 2013 directive that deprioritized the enforcement of federal marijuana laws in states where marijuana had been legalized. This allows federal prosecutors to decide whether or not to enforce federal law regarding marijuana.[80][81]

Click here to read more about developments in federal policy on marijuana under the Trump administration.

Medical marijuana in Utah

2018 Right to try bill (House Bills 195 and 197)

House Bill 197 required the Utah Department of Agriculture and Food to ensure by January 1, 2019, that marijuana (cannabis) is grown in the state of Utah and can be sold to research institutions or terminally ill patients with less than six months left to live.[30][82]

Senate Bill 73 of 2016

In 2016, Sen. Mark Madsen (R-13) introduced Senate Bill 73 (SB 73), which would have legalized the medical use of marijuana in Utah. The Utah State Senate approved the bill in a 17-12 vote. The chamber's six Democrats and 11 Republicans voted to approve SB 73, while 12 Republicans voted to reject SB 73.[83] The bill stalled in the Utah House of Representatives, where the Health and Human Services Committee voted 8-4 to reject SB 73.[84]

CBD legalization bill of 2014

Governor Gary Herbert (R), who opposes Proposition 2, signed House Bill 105 in 2014 which legalized possession and use of low-THC CBD oil by registered patients suffering from intractable epilepsy with a physician's recommendation. However, the bill included no provision for patients to legally acquire the oil.[85]

Comparison to other medical marijuana measures

The following table details some of the differences between the Oklahoma initiative passed by voters in June 2018.

Path to the ballot

See also: Laws governing the initiative process in Utah

The state process

In Utah, the number of signatures required to qualify an initiated state statute for the ballot is equal to 10 percent of the votes cast in the state for presidential candidates in the previous presidential election. Petition circulation must be distributed so that signatures equal to 10 percent of votes cast for President are collected from each of at least 26 of the 29 Utah State Senate districts. Signatures must be submitted 316 days from the application date or by April 15, whichever is earliest.

The requirements to get an initiated state statute certified for the 2018 ballot:

  • Signatures: 113,143 valid signatures were required.
  • Deadline: The deadline to submit signatures was April 15, 2018. Each initiative also has an initiative-specific deadline 316 days following the initial application.

Each signature is verified by the county clerks in the county where the signature was collected. After verification, the petition forms are delivered to the lieutenant governor, who counts the total number of certified signatures and declares the petition as either sufficient or insufficient.

Cost of signature collection:
Sponsors of the measure hired Gathering, Inc. and various individuals to collect signatures for the petition to qualify this measure for the ballot. A total of $473,798.75 was spent to collect the 113,143 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $4.19.

Details about this initiative

The initiative petition was filed with the lieutenant governor on June 26, 2017.[86] Sponsors were required to hold seven public hearings on the initiative but ended up holding 10 hearings throughout Utah. After the public hearings and receiving comments from the lieutenant governor, sponsors decided to amend the initiative. According to the Utah Patients Coalition, the changes eliminated "a short tax deduction provision that would have required federal tax law to be interpreted and implemented by state tax authorities" and established "a limit on the amount of medical cannabis that a patient or caregiver can transport."[87] An amended initiative petition was submitted on August 3, 2017.[28] Lt. Gov. Spencer Cox (R) approved the amended form of the initiative for signature gathering on August 10, 2017.[88]

On May 29, 2018, the lieutenant governor certified the measure for the ballot. Proponents submitted 153,894 valid signatures in 27 of 29 state Senate districts. To qualify for the ballot, the initiative needed at least 113,143 valid signatures statewide and needed to meet signature thresholds in at least 26 of 29 state Senate districts.[89][90]

Lawsuits

Complaint filed by Utah Patients Coalition against Drug Safe Utah

On September 4, 2018, the Utah Patients Coalition filed a formal complaint against Drug Safe Utah with the Utah Lieutenant Governor's office. The Patients Coalition alleged that Drug Safe Utah misled the public by spreading false information about the initiative. Drug Safe Utah, in an advertisement, said that Proposition 2 "is actually about recreational use, not medical,” and that "medical marijuana is already legal in Utah."[91] Jim Jardine with Drug Safe Utah said, "The initiative is so loose that it really creates the environment of recreational marijuana. There’s none of the kinds of safeguards which one would normally expect from physicians." Utah Patients Coalition Director DJ Schanz said, "That’s not only fictitious but an outright lie that it has anything to do with recreational. The dosages are regulated, the dispensaries are regulated, even the medical conditions are regulated."[92]

Drug Safe Utah and Walter J. Plumb III v. Lieutenant Governor Spencer J. Cox

  
Lawsuit overview
Issue: Whether the ballot measure violates the constitutional principles of property rights, due process, and equal protection
Court: Filed in State Court of Utah, Third Judicial District in Salt Lake County; moved to the federal court system
Plaintiff(s): Drug Safe Utah, Walter J. Plumb III of Truth About Prop 2Defendant(s): Lieutenant Governor Spencer J. Cox, Utah Patients Coalition
Plaintiff argument:
The ballot initiative violates constitutional principles of property rights, due process, and equal protection and should be removed from the ballot		Defendant argument:
The measure is not unconstitutional, Cox has the authority to place the measure on the ballot

  Source: Court filings

The original lawsuit concerned whether the ballot measure violates religious freedom and freedom of speech, specifically that of those in the Church of Jesus Christ of Latter-day Saints, by forcing members of the LDS church to lease their rental property to people using and possessing marijuana for medical use which is against their religious beliefs. Plaintiffs wrote in the court filing that the measure would "prohibit the free exercise of religion by Utah's LDS population by in effect mandating that they lease their real property to people using and possessing cannabis, the use and possession of which is morally repugnant to members of the LDS faith."[93] At issue is section 26-60b-110(2) of the initiative, which states:[28]

“

No landlord may refuse to lease to and may not otherwise penalize a person solely for the person's status as a medical cannabis card holder, unless failing to do so would cause the landlord to lose a monetary or licensing-related benefit under federal law.[40]

”

An amended version of the lawsuit was filed that removed references to the Latter-day Saints church and rather asserts that the measure should be removed from the ballot because it violates constitutional principles of property rights, due process, and equal protection.[94]

Utah Attorney General Andrew Dymek, serving as Lieutenant Governor Cox's defense, wrote, "The challenged provisions of UMCA (Utah Medical Cannabis Act) are not patently unconstitutional and could become law if passed. Plaintiffs do not have a private right of action to challenge the Lt. Governor’s approval of the UMCA for signature gathering or his declaration that the UMCA initiative is sufficient to be submitted to Utah voters for approval or rejection."[95]

Drug Safe Utah v. Lieutenant Governor Spencer J. Cox

  
Lawsuit overview
Issue: Whether the lieutenant governor can approve a statewide measure that would be in violation of the U.S. Constitution's Supremacy Clause
Court: United States District Court, District of Utah
Ruling: Plaintiffs dropped the lawsuit[96]
Plaintiff(s): Drug Safe UtahDefendant(s): Lieutenant Governor Spencer J. Cox
Plaintiff argument:
The initiative would violate the Supremacy Clause of the U.S. Constitution which makes federal law the law of the land, since marijuana is a Schedule I controlled substance under federal law.		Defendant argument:
The lieutenant governor is within his authority to certify the initiative for the ballot, the lawsuit should be dismissed because plaintiffs "lack standing because they have not been injured by the mere presence of the Initiative on the ballot. Plaintiffs' claims are not ripe because the voters may reject the Initiative"

  Source: Fox 13 Salt Lake City

The motion for emergency injunction filed by Drug Safe Utah stated:[97]

“ The individual Plaintiffs are Utah citizens, parents, and grandparents, bringing this suit to prevent the harm to Utah’s safety as well as the health of their children and grandchildren from legalization of marijuana in violation of federal law and the federal and Utah Constitutions. Even more importantly, the Plaintiffs claim the constitutional protections of the United States and Utah Constitutions as well as of the rights conferred on them as taxpayers and voters who will be affected by the adverse effects of the Marijuana Initiative, which will increase abuse, dependency, and prevent the orderly administration of criminal drug laws and increase the number of car accidents and costs arising from adverse effects of using marijuana.[40] ”

The Utah Patients Coalition filed a motion stating, "neither named party can adequately protect [the campaign's] interest because both plaintiffs and defendants are publicly opposed to the initiative. The initiative's survival is at stake in this case and as a practical matter [Utah Patients Coalition] cannot protect its interest without intervention."[98]

On June 20, 2018, the Lieutenant Governor filed a motion to dismiss the lawsuit, arguing that the plaintiffs lack standing because "they have not been injured by the mere presence of the Initiative on the ballot. Plaintiffs’ claims are not ripe because the voters may reject the Initiative.” The lawsuit alleges that the initiative is unconstitutional because marijuana is still illegal under federal law as of 2018, though the lieutenant governor argued that "a significant number of courts have concluded that other states’ medical marijuana initiatives are not preempted by federal law."[99]

A hearing on the matter was scheduled for July 23, 2018, in U.S. District Court for the District of Utah.[100] As of July 2, 2018, the plaintiffs dropped the lawsuit, allowing voters to decide the issue at the ballot box in November. Blake Ostler, an attorney for Drug Safe Utah said, “This is not a surrender. This is not putting the tail between our legs and running. This is informing the voters of the state of Utah that there are serious constitutional issues yet to be addressed. But trusting the voters of the state of Utah to make the appropriate decision.”[96]

How to cast a vote

See also: Voting in Utah

Poll times

Utah is an all-mail voting state that offers vote centers for voters that choose to vote in person. All vote centers are open from 7 a.m. to 8 p.m. local time. Utah voters are able to vote in person at any vote center. An individual who is in line at the time polls close must be allowed to vote.[101]

Registration requirements

Check your voter registration status here.

To register to vote in Utah, an applicant must be a citizen of the United States, a resident of Utah for at least 30 days prior to the election, and at least 18 years old by the next general election. Pre-registration is available for 16- and 17-year-olds. 17-year-olds may vote in primary elections if they will turn 18 by the general election.[102] Registration can be completed online or by mailing in a form. The deadline to register online or by mail is 11 days before Election Day. After this deadline, voters may register in person at a vote center by casting a provisional ballot and providing two forms of identification.[103][102][104]

Automatic registration

See also: Automatic voter registration

Utah does not practice automatic voter registration.[105]

Online registration

See also: Online voter registration

Utah has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

See also: Same-day voter registration

Utah allows same-day voter registration at polling places during the 10 days preceding and on Election Day.[103][104]

Residency requirements

Prospective voters must be residents of the state for at least 30 days before the election.[103]

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Utah does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, a person who commits fraudulent registration is "guilty of a class A misdemeanor" under Utah Code 20A-2-401.[106]

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[107] Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The Utah lieutenant governor’s office allows residents to check their voter registration status online by visiting this website.

Voter ID requirements

Utah requires in-person voters to present non-photo identification while voting.[108]

The following list of accepted ID was current as of May 2025:

“

"Valid voter identification" means:

  • a form of identification that bears the name and photograph of the voter which may include:
    • a currently valid Utah driver license;
    • a currently valid identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act;
    • a currently valid identification card that is issued by:
      • the state; or
      • a branch, department, or agency of the United States;
    • a currently valid Utah permit to carry a concealed weapon;
    • a currently valid United States passport; or
    • a currently valid United States military identification card;
  • one of the following identification cards, regardless of whether the card includes a photograph of the voter:
    • a valid tribal identification card;
    • a Bureau of Indian Affairs card; or
    • a tribal treaty card; or
  • two forms of identification not listed under Subsection (79)(a) or (b) but that bear the name of the voter and provide evidence that the voter resides in the voting precinct, which may include:
    • before January 1, 2029, an original or copy of a current utility bill, dated no more than 90 calendar days before the date of the election;
    • before January 1, 2029, an original or copy of a bank or other financial account statement, dated no more than 90 calendar days before the date of the election;
    • a certified birth certificate;
    • a valid social security card;
    • an original or copy of a check issued by the state or the federal government, dated no more than 90 calendar days before the date of the election;
    • an original or copy of a paycheck from the voter's employer, dated no more than 90 calendar days before the date of the election;
    • a currently valid Utah hunting or fishing license;
    • certified naturalization documentation;
    • a currently valid license issued by an authorized agency of the United States;
    • a certified copy of court records showing the voter's adoption or name change;
    • a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
    • a currently valid identification card issued by:
      • a local government within the state;
      • an employer for an employee; or
      • a college, university, technical school, or professional school located within the state; or
    • a current Utah vehicle registration.[108][40]
 ”

Click here for the Utah statute defining accepted ID to ensure you have the most current information.

See also

External links

Support

Opposition

Footnotes

  1. ↑ KUTV, "Lawmakers to meet Monday to alter marijuana ballot measure," accessed December 18, 2018
  2. ↑ 2.0 2.1 Utah Legislature, "Senate Bill 1002 (2019)," accessed September 18, 2019
  3. ↑ Fox 13 Now, "Davis Co. Attorney can’t protect health department from the feds, so he’s telling them not to hand out medical cannabis," accessed September 19, 2019
  4. ↑ Fox 13 Now, "Utah legislature ends state-run medical cannabis distribution system in special session vote," accessed September 19, 2019
  5. ↑ Fox 13 Now, "The latest version of the medical marijuana bill replacing Prop. 2 is published," accessed November 26, 2018
  6. ↑ 6.0 6.1 Fox 13 Now, "Utah State Legislature votes to replace Proposition 2, the medical cannabis ballot initiative," accessed December 4, 2018
  7. ↑ Fox 13 Now, "Deal struck on medical marijuana compromise legislation," accessed October 4, 2018
  8. ↑ Deseret News, "Herbert calls for special session on medical marijuana in light of Proposition 2 compromise," accessed October 9, 2018
  9. ↑ Utah Legislature, "Prop 2 vs House Bill 3001 comparison," accessed September 19, 2019
  10. ↑ Salt Lake Tribune, "Did the Utah Legislature do the right thing by overriding the medical marijuana initiative? Poll shows voters are divided" accessed February 5, 2019
  11. ↑ 11.0 11.1 Gephardt Daily, "Utah Medical Cannabis Act signed into law by Gov. Gary Herbert," accessed December 4, 2018
  12. ↑ 12.0 12.1 12.2 San Diego Union Tribune, "Utah voters approved medical marijuana in November. State lawmakers just passed big changes to the ballot measure," accessed December 4, 2018
  13. ↑ Marijuana Policy Project, "Utah Legislature Passes Compromise Medical Marijuana Law," accessed December 4, 2018
  14. ↑ Fox 13 Now, "Utah Supreme Court rejects petition challenging replacement of medical cannabis ballot initiative," accessed August 6, 2019
  15. ↑ Fox 13 Now, "Utah Supreme Court hears challenge to the medical cannabis replacement bill," accessed March 25, 2019
  16. ↑ Salt Lake Tribune, "Group of voters asks Utah Supreme Court to strike down new medical cannabis act, reinstate Proposition 2," accessed December 18, 2018
  17. ↑ 17.0 17.1 17.2 Fox 13 Now, "Governor, legislature ask Utah Supreme Court to reject emergency petition over medical marijuana ballot initiative," accessed December 21, 2018
  18. ↑ Fox 13 Now, "Lawsuit over Utah’s replacement of medical cannabis ballot initiative is dropped," accessed September 14, 2020
  19. ↑ Fox13Now, "Odds of a settlement ‘poor,’ so lawsuit over medical cannabis ballot initiative headed for trial," accessed June 17, 2019
  20. ↑ St George News, "Lawsuit drops claim that Mormon church influenced changes to medical marijuana initiative," accessed May 7, 2019
  21. ↑ Fox 13 Now, "Utah says no collusion with LDS Church over medical cannabis initiative," accessed May 3, 2019
  22. ↑ Salt Lake Tribune, "Medical marijuana backers threaten to sue over LDS Church involvement in compromise bill to replace Prop 2," accessed November 26, 2018
  23. ↑ KUTV, "Prop 2 lawsuit: Advocates want law 'reinstated;' law professor doubts it'll happen," accessed December 7, 2018
  24. ↑ St George News, "Lawsuit drops claim that Mormon church influenced changes to medical marijuana initiative," accessed May 7, 2019
  25. ↑ Fox 13 Now, "Lawsuit over Utah’s replacement of medical cannabis ballot initiative is dropped," accessed September 14, 2020
  26. ↑ KSL, "3 men ask Utah high court to let Utahns vote on Prop. 2 compromise," accessed December 11, 2018
  27. ↑ 27.0 27.1 Fox 13 Now, "Utah Supreme Court rejects petition challenging replacement of medical cannabis ballot initiative," accessed August 6, 2019
  28. ↑ 28.00 28.01 28.02 28.03 28.04 28.05 28.06 28.07 28.08 28.09 28.10 28.11 Utah Lieutenant Governor, "The Utah Medical Cannabis Act," August 3, 2017
  29. ↑ Utah Elections, "Impartial analysis of Utah Proposition 2," accessed November 5, 2018
  30. ↑ 30.0 30.1 [https://le.utah.gov/~2018/bills/static/hb0197.html Utah Legislature, "House Bill 197," accessed August 31, 2018
  31. ↑ The Hill, "Read: Attorney General Jeff Sessions' memo changing marijuana policy," January 4, 2018
  32. ↑ Politico, "Sessions announces end to policy that allowed legal pot to flourish," January 4, 2018
  33. ↑ Los Angeles Times, "Trump administration abandons crackdown on legal marijuana," April 13, 2018
  34. ↑ New York Times, "Trump Says He’s Likely to Back Marijuana Bill, in Apparent Break With Sessions," June 8, 2018
  35. ↑ Fox News, "Trump signals willingness to back bill easing pot regulation," June 8, 2018
  36. ↑ 36.0 36.1 36.2 36.3 36.4 36.5 36.6 36.7 Utah Lieutenant Governor's Office, "Utah Patients Coalition," accessed January 11, 2019
  37. ↑ U.S. Census, "Salt Lake County, Utah," accessed August 11, 2017
  38. ↑ Fox 13 Now, "Deal struck on medical marijuana compromise legislation," accessed October 4, 2018
  39. ↑ Utah Lieutenant Governor's office: Elections, "Ballot title for Proposition Number 2," accessed July 5, 2018
  40. ↑ 40.00 40.01 40.02 40.03 40.04 40.05 40.06 40.07 40.08 40.09 40.10 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  41. ↑ 41.0 41.1 Utah Lieutenant Governor; Elections, "Proposition Number 2," accessed September 27, 2018
  42. ↑ Utah Elections, "GOVERNOR’S OFFICE OF MANAGEMENT AND BUDGET, Updated Fiscal Impact for Proposition 2," accessed August 31, 2018
  43. ↑ 43.0 43.1 43.2 43.3 43.4 Utah Patients Coalition, "Homepage," accessed July 2, 2017
  44. ↑ 44.0 44.1 44.2 44.3 Salt Lake Tribune, "Unofficially, many Utah law enforcement groups are lining up to oppose the medical marijuana initiative," accessed Juen 4, 2018
  45. ↑ Our Revolution, "Ballot initiative endorsements," accessed October 10, 2018
  46. ↑ AJC, "Utah state senator films himself trying marijuana for first time," accessed October 23, 2018
  47. ↑ 47.0 47.1 47.2 Herald Journal, "LDS Church opposes Utah medical marijuana initiative," April 10, 2018
  48. ↑ Deseret News, "Salt Lake County's top prosecutor lends support to medical marijuana initiative," accessed May 9, 2018
  49. ↑ The Salt Lake Tribune, "Libertarian group that helped write Utah’s medical marijuana ballot initiative calls LDS Church’s analysis ‘a political attack piece’," accessed May 15, 2018
  50. ↑ 50.0 50.1 Utah Lt. Governor, "Arguments for and against Proposition 2," accessed September 29, 2018
  51. ↑ 51.0 51.1 Drug Safe Utah, "Home," accessed May 9, 2018
  52. ↑ 52.0 52.1 The Salt Lake Tribune, "Utah Medical Association accuses medical marijuana campaign of misleading voters into supporting initiative," accessed April 3, 2018
  53. ↑ 53.0 53.1 53.2 53.3 53.4 Drug Safe Utah, "Who is Drug Safe Utah? accessed August 27, 2018
  54. ↑ Good 4 Utah, "Davis County Republican Women say NO on Prop 2," accessed October 13, 2018
  55. ↑ The Cannabist, "Utah governor to oppose medical marijuana ballot initiative," accessed April 4, 2018
  56. ↑ KUER News, "Predicting Broader Legalization Push, Gov. Herbert Calls For Marijuana Reclassification," accessed August 31, 2018
  57. ↑ KSL.com, "LDS Church: Legal analysis 'raises grave concerns' about Utah medical marijuana initiative," accessed May 12, 2018
  58. ↑ Salt Lake Tribune, "LDS Church announces opposition to Utah medical marijuana initiative — but says it does not object to medical pot with proper safeguards," accessed August 27, 2018
  59. ↑ Cache Valley Daily, "MERO MOMENT: Potheads Make Bad Laws," accessed April 14, 2018
  60. ↑ Indeed, "Canvasser Utah Medical Association - Saint George, UT Temporary," accessed May 9, 2018
  61. ↑ YouTube, "Drug Safe Utah YouTube channel," accessed October 15, 2018
  62. ↑ Salt Lake Tribune, "Tribune editorial: Vote for Prop 2 to make Utah cannabis ‘shared vision’ a reality," accessed October 10, 2018
  63. ↑ Deseret News, "In our opinion: Voting 'no' on Prop 2, seeking compromise legislation shows the nation the Utah way," accessed October 15, 2018
  64. ↑ Deseret News, "Deseret News poll: Where do likely voters stand on Proposition 2?" accessed October 11, 2018
  65. ↑ Utah Policy, "Support for Prop. 2 dips following LDS Church opposition, but most Utahns still support medical cannabis ballot initiative," accessed September 5, 2018
  66. ↑ Salt Lake Tribune, "Support for medical marijuana remains high despite criticism from the Mormon church," accessed August 27, 2018
  67. ↑ Utah Policy, "Despite LDS Church opposition, nearly 3/4ths of Utahns support ballot initiative to legalize medical marijuana," accessed May 30, 2018
  68. ↑ Deseret News, "More than 3 in 4 Utahns support medical marijuana, new poll shows," March 27, 2018
  69. ↑ UtahPolicy.com, "Poll: Broad support among Utahns for medical marijuana ballot initiative, including strong support among Mormons," September 20, 2017
  70. ↑ Salt Lake Tribune, "Over 75 percent of Utahns support medical marijuana ballot initiative, a new poll says," July 31, 2017
  71. ↑ Fairbank, Maslin, Maullin, Metz & Associates, "Utah Voter Support for a Ballot Measure Authorizing Medical Marijuana," June 26, 2017
  72. ↑ Deseret News, "Backers of Utah medical marijuana ballot initiative tout poll showing strong support," July 1, 2017
  73. ↑ This count excludes states that permitted both the use of cannabis oil and medical marijuana.
  74. ↑ CBD School, "CBD Laws by State 2020 - Just the Facts (is CBD legal in 2020?)," accessed February 28, 2020
  75. ↑ Idaho Office of Drug Policy, "Cannabidiol (CBD)," accessed February 28, 2020
  76. ↑ South Dakota Legislature official website, "2019 Senate Bill 22 - Enrolled," accessed February 28, 2020
  77. ↑ 77.0 77.1 Argus Leader, "Is CBD oil illegal? Confusion reigns over South Dakota's law," April 19, 2019
  78. ↑ South Dakota Attorney General official website, "Attorney General Ravnsborg clarifies questions regarding industrial hemp and CBD (Cannabidiol) oil," March 25, 2019
  79. ↑ Argus Leader, "Industrial hemp becomes legal in South Dakota after Noem signs bill," March 27, 2020
  80. ↑ Forbes, "Sessions: Obama Marijuana Policy Remains In Effect," November 14, 2017
  81. ↑ The Hill, "Read: Attorney General Jeff Sessions's memo changing marijuana policy," January 4, 2018
  82. ↑ Utah Elections, "Proposition Number 2 Impartial Analysis," accessed August 31, 2018
  83. ↑ Utah State Legislature, "Senate Bill 73," accessed August 11, 2017
  84. ↑ Daily Herald, "Utah house committee approves one medical marijuana bill, second fails," March 7, 2016
  85. ↑ Utah Legislature, "House Bill 105," accessed August 31, 2018
  86. ↑ Utah Lieutenant Governor, "First Proposal of Utah Medical Cannabis Act," accessed July 2, 2017
  87. ↑ Deseret News, "'Now the real work begins': Medical cannabis advocates cleared to collect initiative signatures," August 10, 2017
  88. ↑ The Salt Lake Tribune, "Utah approves signature-gathering for 2018 medical marijuana initiative," August 10, 2017
  89. ↑ Utah Lieutenant Governor Elections, "Final Verified Signatures for 2018 Initiatives Updated May 29, 2018, at 2:15pm," accessed May 30, 2018
  90. ↑ Office of the Lieutenant Governor, "2018 Statewide Initiative Certification Letter," accessed May 30, 2018
  91. ↑ St. George Utah, "Group behind Prop 2 files complaint over opponents’ ‘false claims’ concerning medical marijuana initiative," accessed September 5, 2018
  92. ↑ 'Fox 13 now, "Group responsile for marijuana ad responds to criticism," accessed September 26, 2018
  93. ↑ Courthouse News, "Drug Safe Utah v. Spencer J. Cox," accessed August 18, 2018
  94. ↑ Utah Real Estate News, "Amended lawsuit aimed at stopping medical marijuana initiative removes religious references," accessed August 29, 2018
  95. ↑ Fox13Now, "Lt. Governor asks again to dismiss a lawsuit trying to block medical marijuana from the ballot," accessed September 26, 2018
  96. ↑ 96.0 96.1 Kuer, "Medical Marijuana Opponents Drop Lawsuit To Stop Ballot Initiative," accessed July 3, 2018
  97. ↑ Fox 13 Salt Lake City, "Opponents sue to block medical marijuana from going on the November ballot in Utah," accessed May 21, 2018
  98. ↑ Deseret News, "Campaign seeks to intervene in medical marijuana foes' lawsuit," accessed May 29, 2018
  99. ↑ Fox 13 Now, "Lt. Governor, medical marijuana ballot initiative supporters ask judge to toss lawsuit," accessed June 21, 2018
  100. ↑ Fox 13 Now, "Judge orders medical marijuana supporters, opponents and the Lt. Governor to appear in court," accessed June 26, 2018
  101. ↑ Utah State Legislature, “Utah Code 20A-1-302. Opening and closing of polls on election day.” accessed May 13, 2025
  102. ↑ 102.0 102.1 Utah State Legislature, “Utah Code 20A-2-101. Eligibility for registration.” accessed May 13, 2025
  103. ↑ 103.0 103.1 103.2 Utah Lieutenant Governor, “Welcome to the Utah Voter Registration Website,” accessed May 13, 2025
  104. ↑ 104.0 104.1 Utah State Legislature, “20A-2-207. Registration by provisional ballot.” accessed May 13, 2025
  105. ↑ NCSL, "State Profiles: Elections," accessed May 13, 2025
  106. ↑ Utah State Legislature, “Utah Code 20A-2-401. Fraudulent registration -- Penalty.” accessed May 13, 2025
  107. ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
  108. ↑ 108.0 108.1 Utah State Legislature, "Utah Code 20A-1-102. Definitions." accessed May 13, 2025
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