Two influential Utah state lawmakers have joined forces to advance legislation that would cut funding to cities that refuse to recognize medical marijuana as a legitimate medical therapy. 

Utah voters approved the medical use of cannabis in a 2018 ballot measure that passed with nearly 53% of the vote. Following the passage of the initiative, the state legislature approved a regulatory plan that essentially treats medical cannabis as a traditional prescription drug. Under the plan, cannabis is still considered a controlled substance but patients are allowed to use medical marijuana like they would any other prescribed medication.

Democratic Senate Minority Leader Luz Escamilla, however, says that some local governments have refused to accept medical cannabis as a legitimate medical treatment and are discriminating against public employees who are registered medical marijuana patients. Escamilla says that some cities have questioned employees about their status as medical cannabis patients and disciplined those who say they have received a medical cannabis card.

“At the end of the day they are in violation of state law,” Escamilla told local media. “It’s very clear you don’t get to force people to tell you they’re using controlled substances as a prescription. This is a recommended, prescribed medication and they’re treating them differently. That’s what we’re trying to prevent.”

Escamilla is backing a bill that would make minor adjustments to the state’s medical marijuana program. To address employment discrimination by local governments, the legislation would also cut funding to cities that discriminate against medical marijuana card holders. The measure, Senate Bill 233 (SB 233), was advanced by the Senate with a voice vote on Tuesday after the measure’s third reading in the chamber.

Bill Has Bipartisan Support From Senate Leadership

The legislation is supported by Escamilla, the bill’s chief sponsor, and Senate Majority Leader Evan Vickers, a Republican, giving the measure substantial clout in the upper chamber of Utah’s state legislature. Medical marijuana advocates including the Utah Patients Coalition also support the bill. 

“Despite the clear legal framework supporting their rights, several public employees have still faced unwarranted discrimination and removal from positions for simply exercising their lawful right to access medical cannabis,” Desiree Hennessy, the group’s executive director, said in a statement. “SB 233 provides a long-awaited mechanism to encourage compliance with state law through the potential withholding of funding, helping to shield state workers from discrimination regarding their medication.”

Despite the bill’s bipartisan support in the state Senate, SB 233 is now facing public opposition. The Utah Eagle Forum, an influential socially conservative group, has come out against the bill, saying the measure would jeopardize public safety.

“This bill would penalize state agencies and political subdivisions that try to enforce safety regulations against a medical marijuana card holder,” Gayle Ruzicka, the president of the Eagle Forum, wrote in an email to supporters. “This may allow a cardholder who may be impaired to work in positions, such as a heavy machine operator, a motor vehicle driver, or a child care provider. We must have exceptions and a way to protect the public.”

The statement from the group led to objections to the legislation from some lawmakers, including Senator Todd Weiler and Senator Mike Kennedy, both Republicans. However, Escamilla noted that there are provisions that prohibit workers from being under the influence of medical cannabis while on the job. She also noted that Utah’s medical marijuana laws do not allow police officers to register as patients because of conflicts with firearms laws.

Acknowledging the objections to the bill, Escamilla said that she is willing to negotiate with fellow lawmakers to modify the bill, including defining a specific percentage of funding cities would lose if they discriminate against medical marijuana patients.

Before SB 233 can become law, it must receive final approval in the Senate before heading to the Utah House of Representatives. If passed by the House, the measure would also require the signature of Republican Governor Spencer Cox.

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Following in the footsteps of Colorado and Oregon, Utah is the latest state to consider the benefits in therapy that psilocybin mushrooms can provide.

Senate Minority Leader Luz Escamilla, (D-Salt Lake City) unveiled Senate Bill 200 on Feb. 9, a bill that would legalize psilocybin mushrooms for medical use in Utah.

Deseret News reports that SB 200 would set up a program that mirrors the program behind Utah’s medical cannabis market. Utah’s compromise bill, the Utah Medical Cannabis Act, which was passed in 2018 allows patients with a healthcare provider’s verification, to purchase medical cannabis.

The bill would allow Utahns ages 21 and older to receive a psilocybin-assisted treatment directly from a psilocybin therapy provider. Qualifying conditions would include depression or anxiety if the patient has tried at least one other treatment route, PTSD, and people who are receiving hospice care.

Utah’s Republican-controlled Legislature will likely whittle down some of the bill’s provisions. Escamilla, for instance, said she’s prepared to propose changes to narrow the bill to a pilot program capped at only 5,000 participants. Escamilla compared the proposal to medical cannabis in the state.

“Cannabis has given us a really good opportunity to understand that we can use other natural things … to help us. Now, we have to be careful, and I think we have really good safeguards,” Escamilla said.

“This is not a free-for-all,” she said. “This is not for everyone, but if it’s for someone that is desperate (for help) with their anxiety, depression and PTSD—that’s pushing many, unfortunately, to suicide, I want them to have access in a way that’s safe, that we can regulate.”

“Seeing all the promising research, I really wanted to understand it better for myself,” Alaina Chatterley, a clinical social worker told Deseret News. “And I’ve had some traumas in my own life that I wanted to better understand.”

“It’s almost like finding the antidote, in my mind, to depression, to anxiety, because the antidote is (discovering) that you are ultimately powerful and ultimately lovable and loved and worthy,” she said. “And if you can find that antidote to depression and anxiety … you’ve gotten to the root cause, and everything else gets easier.”

Libertas Institute, a Utah-based libertarian think-tank, and the Utah Patients Coalition are backing the bill. “Many Utahns currently use psilocybin illegally and are seeing profound improvement in their mental health,” said Desiree Hennessy, executive director of the Utah Patients Coalition. “This medicine should be legalized so these patients don’t jeopardize their legal rights in pursuit of health.”

The bill would make significant changes to the state’s laws. ABC 4 news reports that currently in Utah, possession of psilocybin can result in a prison sentence of up to 10 years or a $5,000 in fine.

In 2022, the Utah Legislature passed House Bill 167, which called for the creation of a mental illness psychotherapy drug task force to review psilocybin mushroom research. The report issued by the task force found that psilocybin is safe and effective.

While the task force found psilocybin to be effective, the executive summary of the task force’s report reads that the “most rigorous and cost-effect approach to ensuring that the people of Utah have safe access to the most effective programs in psychedelic-assisted psychotherapy would be to wait for the fast-track FDA rulings for psilocybin.”

Last month, non-profit Utah Mushroom Therapy launched a petition to encourage Utah legislators to pass a bipartisan bill that allows the legal use of psilocybin for clinical and academic purposes.

Escamilla hopes the proposal could be considered in a Utah Senate committee within about a week.

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