211 would create a system for cultivation, distribution, and sale of
medical marijuana; however, the bill has several serious flaws that must be fixed before passage. If not, it will do nothing for the suffering patients in Utah. As currently drafted, the bill: For purposes of exemption from prosecution, limits cannabinoid products to include only substances that are expressly approved by the Legislature. The bill does not expressly approve any substances. See section 57-37-3.7. This is a major problem because it leaves no actual products for a physician to recommend until the state Legislature determines that a specific product is appropriate for recommendation. Without revision, this section undermines the entire bill, creating a regulatory framework around a nonexistent product. Allows the Department of Health to cap the number of patients a doctor can recommend marijuana to. A doctor should not be precluded from recommending the course of treatment they believe would most benefit a patient simply because they have other patients that use medical marijuana. Creates an electronic system to monitor plants, seed to sale. This system is linked to the proprietary electronic payment processing. Requires a specific payment processor to be licensed by the state. The prospective processor must show: the applicant has a partnership, service agreement, or service contract with a federally insured depository institution that agrees to clear cannabinoid product transactions. The processor will create a system of patient accounts that allows patients to add value to their cannabinoid card. Patients then must use their cannabinoid card to pay for cannabinoid products, unless the state determines that no qualified applicant applied, then you can pay with cash. There is no deadline for the state to issue this determination that no qualified applicant has applied. This leaves open the possibility that there is no way for patients to pay for medical marijuana products. It is unclear whether a payment processor exists that would be willing and able to apply for this license. This system is onerous and unnecessary. Requires license applicants to post a large bond that will be forfeited if their license is ever revoked. This may be problematic, as it may be difficult to find a surety company willing to insure marijuana businesses in Utah. Requires cannabinoid products to be in medical dosage form: (a) a tablet; (b) a capsule; (c) a concentrated oil; (d) an injectable; (e) a transdermal preparation; or (f) a sublingual preparation. Doctors must register and undergo special training before recommending cannabis.