June 9, 2011 - Utah Attorney General Speaks on Medical
Marijuana
Mark Shurtleff, the current
Attorney
General for the State of Utah, spoke today on
KSL Radio's Doug Wright
Show. Mr. Shurtleff has battled cancer for some time, but
announced earlier this week that he is now "cancer free." His
fight with cancer appears to have given him reason to reconsider the
issue of legalizing medical marijuana in Utah.
His comments on KSL indicate that he might be willing to consider
backing the legalization of marijuana for medical purposes.
He stopped short of saying that he would actually support
legalizing medical marijuana. But he did indicate that he
would be willing to think seriously about the issue of medical
marijuana in Utah.
Mr. Shurtleff's position appears to be influenced by his own
experiences in fighting cancer. He discussed the pain
experienced during chemotherapy as well as the inability to keep food
down. While he indicated that someone had suggested to him
that he try using marijuana to treat the side effects of chemotherapy,
he did not take that advice.
A move to legalize marijuana in Utah would have to come through the
Utah State Legislature. The role of the Attorney General is
to enforce the law and prosecute crime - not to pass new laws.
While the statement of a prominent republican figure like Mr.
Shurtleff is sure to cause some discussion of the issue, only the State
Legislature could enact a law that would legalize medical marijuana in
Utah.
The subject of medical marijuana has been hotly debated in the last
several years. Some nearby states have enacted legislation
that has legalized marijuana in their own states. However, it
is important to remember at this point that Utah makes no exceptions to
its controlled substance laws for users of medical marijuana.
Many out-of-state visitors have found themselves facing criminal
charges for conduct that would be legal in their home state.
Even if you have a prescription for marijuana or a medical
marijuana card, you can still be charged with a crime in Utah if you
are found in
possession
of marijuana.
You can also be charged criminally for
driving
a vehicle with measurable controlled substance metabolite if
the THC metabolite is still detectable in your blood. If you
are using marijuana for medical purposes, and you plan to drive on a
trip through Utah, you need to exercise caution in timing your last
dosage. If the THC metabolite is still in your system when
you drive in Utah, you could be charged criminally.
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