Bill expanding medical marijuana use gets initial political nod from Utah lawmakers


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SALT LAKE CITY — Medical marijuana's flame was fanned on Thursday, as it gained approval from the first legislative committee it faced in Utah.

"So much good is being done with this drug," said Sen. Mark Madsen, R-Saratoga Springs, who is sponsoring SB259. He argued that Utah should "push against federal overreach" in the state to adopt rules and regulations for the cultivation, processing, testing and dispensing of medical marijuana.

Madsen said his bill "has nothing to do with the recreational use of marijuana" that "is happening now and that will continue whether this bill passes or not."

Utah would become the 24th state to accept its own law on the issue, but judging from the inquisitive concerns of conservative lawmakers in the Senate Judiciary, Law Enforcement and Criminal Justice Committee, the bill will face much scrutiny on its way to becoming a law, if it comes to that.

"There is no doubt that there are high stakes here," Madsen said. "Huge empires are built on keeping people away from this drug."

Madsen said he feels like he is "a little surfer on a big wave" with the support of many "law-abiding Utahns," some of whom shared their stories on Thursday.

Christine Stenquist, 42, said she was housebound for 20 years before finding relief from the effects of a brain tumor and fibromyalgia by using medical marijuana obtained in another state.

Dr. Michael Wilson, an emergency room physician in Cedar City, has a daughter, Raquel, who suffers from a cancer that is rare and difficult to treat. While he supports the use of marijuana as an alternative option for all patients, he hopes to be able to use it to help alleviate his daughter's suffering.

Sonia Stewart, the mother of Matthew David Stewart, who was charged with killing a police officer in January 2011 after officers raided his Ogden home for a marijuana growth operation, said her son "would be alive today" if medical marijuana was legal at that time.

"This law would have saved my son's life," she told the committee, adding that it would have also saved the life of the police officer and prevented injury for others.

Stewart maintains that her son was growing marijuana for its natural healing properties and not as a business prospect.

Forrest Shaw, who has terminal prostate cancer at age 42, wants to live out his days in peace and not live in fear of being arrested for using marijuana in place of mind-altering hormone therapy.

Christine Stenquist, right, Tenille Farr with her newborn son Gabe, and Angela Harris of Las Vegas plan which senators to speak with while lobbying for the legalization of medical cannabis at the Capitol on Wednesday, Feb. 25, 2015. All three women have used medical cannabis for cancer and say they have had positive outcomes. (Photo: Laura Seitz/Deseret News)
Christine Stenquist, right, Tenille Farr with her newborn son Gabe, and Angela Harris of Las Vegas plan which senators to speak with while lobbying for the legalization of medical cannabis at the Capitol on Wednesday, Feb. 25, 2015. All three women have used medical cannabis for cancer and say they have had positive outcomes. (Photo: Laura Seitz/Deseret News)

And Aaron Campbell doesn't want to lose a second daughter to death from a genetic neurological terminal illness that he believes cannabis treatments can help.

"It's my duty as a father … to do my best to help my children," he said.

Aside from giving patients and physicians a choice, SB259 has some logistical problems.

Former Sen. John Valentine, chairman of the State Tax Commission, said the way the bill is written won't fly, as the tax commission can't issue medical cards because they would be collecting a $25 processing fee, rather than a tax.

"We're at a quandary of how to make this work," he told the committee.

One of the biggest issues with legalizing any form of marijuana, Valentine said, is the flow of funds, as any money from any drug operation is "tainted in the eyes of the federal government."

Banks and credit unions, he said, would have to report suspicious activity whenever they accept money from the cannabis business and while federal prosecutors have focused prosecution on restricting access to minors, preventing action by gangs and cartels and interstate activity, Valentine said there is risk that they will toe the line where funds are involved.

A representative from the Utah Department of Professional Licensing also said there would be problems unless the bill could get implementation just right.

Nicki Hollmann, assistant special agent in charge with the Salt Lake City office of the Drug Enforcement Administration, said not enough is known about the mental and physical effects of marijuana to understand how it will affect future generations and societal costs. The agency sides with science and cautions states to wait for proper research to be done before enacting laws to legalize the Schedule I substance.

The American Medical Association and American Academy of Pediatrics also urge caution, and have issued statements in opposition of legalizing marijuana before proper research can be done.

Linda Nelson pleaded with the committee to dismiss Madsen's proposal, saying drugs shouldn't be available for widespread use until they've been tried and tested. She pointed to the thalidomide tragedy of the 1960s, when babies were born with severe defects because a drug was trusted but not safe.

"I would never short-circuit the FDA process for these reasons," she said, not dismissing therapeutic effects of marijuana. "I'm anxious to see the outcome. It's just going to take time."

Sen. Daniel Thatcher, R-West Valley City, said he has "serious, genuine concerns" regarding security, marketing and people who could seek marijuana for phantom problems. He proposed that the issue be studied further, in the interim, to determine the best action for Utah.

Madsen rebutted several testimonies issued against his proposal, saying his bill tightly limits processing of marijuana and only advocates for medicinal use, prohibiting combustion or smoking of any kind.

Ultimately, the bill passed out of the committee with Madsen, Sen. Steve Urquhart, R-St. George, and Sen. Gene Davis, D-Salt Lake City voting for it and Thatcher and Sen. Todd Weiler, R-Woods Cross, voting against the measure.

[listen to ‘Medical marijuana bill squeaks past state senate panel’ on audioBoom](https://audioboom.com/boos/2933809-medical-marijuana-bill-squeaks-past-state-senate-panel)
**Contributing:** Peter Samore and Hailey Smith ![](http://beacon.deseretconnect.com/beacon.gif?cid=256894&pid=4&reqid=146137)

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