A judge's gavel sitting on top of a wooden table with marijuana leaf, Legalization of cannabis.
Utah lawmakers recently proposed a constitutional amendment designed to void a recent state supreme court decision stripping a legislative body of its authority to alter the language of ballot initiatives and voter propositions. If it passes, the amendment is likely to have a significant impact on cannabis in the Beehive State.
Known as Amendment D, the amendment will appear on November 2024’s ballot. Right now, its outcome is too close to call. But either way, the voter’s decision in November is going to significantly impact future ballot initiatives. It will definitely have an impact on Utah’s future with cannabis.
Why It Has Been Proposed
Lawmakers proposed Amendment D after the Utah supreme court decided that legislators had no authority to alter the language of a ballot initiative passed by the people. The court case was a direct result of decisions lawmakers made when taking up a 2018 proposition on medical cannabis.
Proposition 2 legalized medical cannabis in Utah with strong support from the public. But the proposition also introduced a ban on the practice of gerrymandering. Gerrymandering was replaced by an independent redistricting commission whose sole responsibility would be to maintain congressional districts in the state.
In 2020, Lawmakers were compelled by a court to take up Proposition 2 and find a way to make medical cannabis a reality in the state. They used their authority to change the language of the proposition. But they also stripped the way the ban on gerrymandering. Thus, they were sued and lost.
What It Means Moving Forward
Republican lawmakers say that passage of Amendment D is critical to the state’s ability to alter, modify, or even remove statutes that are no longer in accordance with legal or public policy standards. If the amendment does not pass, the supreme court’s ruling stands. That would mean that lawmakers would have no authority to do anything with ballot initiatives passed by voters. Initiatives would be enacted according to the strictest language of each one.
Moving forward, the only way to modify a ballot initiative would be to pass another one. Lawmakers believe this is tantamount to insanity. Enshrining ballot initiatives as untouchable all but eliminates the legislature’s ability to do its job.
In terms of cannabis in Utah, the 2018 proposition only approved medical cannabis. Proponents of recreational use have made very little headway in getting it legalized. But if Amendment D fails, proponents will have a huge advantage heading into 2025.
Knowing that state lawmakers cannot alter a ballot initiative passed to legalize recreational cannabis would embolden proponents to get a proposition on the ballot. And if such a ballot initiative were passed by the people, Utah could end up like California or Oregon – but without the ability to amend the statute through the normal legislative process.
In the Short Term
In the short term, an Amendment D failure would have very little impact on medical cannabis. Organizations like Zion Medicinal would continue what they have done all along. In Zion Medicinal’s case, this means supplying patients in Cedar City and St. George with medical cannabis products. Meanwhile, growers would continue growing and processors would continue processing.
In the long term however, Amendment D not passing could throw the doors wide open to unregulated cannabis production and consumption, effectively bringing an end to Utah’s tightly controlled industry. Existing businesses would be at risk of going under thanks to corporate interests coming in and taking over.
Should state lawmakers have the authority to amend and modify ballot initiatives? That is what Utah voters are being asked to decide in November 2024.
