Utah is among the 39 states to have decriminalized medical cannabis possession and consumption. Medical cannabis is available only to patients diagnosed with one of 17 qualifying conditions, except under special circumstances. How did Utah lawmakers arrive at those 17 conditions? For that matter, how do any of the states determine qualifying conditions for medical cannabis?
I sincerely wish there were a black-and-white answer to such questions. But there isn’t. Medical cannabis is regulated at the state level. There are no federal guidelines to look to for the simple fact that marijuana is still illegal as a Schedule I controlled substance. That will change if and when Washington moves marijuana to Schedule III.
As for Utah, many expected them to be one of the last states to give medical cannabis the thumbs up. But as Utahmarijuana.org explains, a voter proposition in 2018 forced the state’s hand. State lawmakers then began looking at other states for insight into how to craft Utah’s medical cannabis law.
The Initial Legislative Stage
When coming up with initial legislation, lawmakers have to work from a baseline. They tend to look at what other states are doing, including the qualifying conditions other states recognize. They combine those conditions with any existing evidence they have available to them. From there, they craft their initial qualifying condition lists.
Initial lists are rarely set in stone. They go through countless reviews. State lawmakers tend to solicit outside input as well. That input can come from:
- Medical Experts – Lawmakers have been known to solicit the opinions of medical experts. They are especially interested in experts who have helped craft rules in other states. They rely on the experts to tell them like it is.
- Medical Boards – State medical boards are almost always given the opportunity to offer their input as well. Both medical boards and state health departments are often commissioned to look at an initial list and offer opinions on it.
- Public Petition – The same voting public that passes cannabis ballot initiatives tends to show interest in contributing to legislative language. It is not unusual for advocacy groups to circulate petitions outlining the conditions they would like to see on the final list. The more signatures that petitions get, the more likely lawmakers are to pay attention.
There are more resources lawmakers rely on to determine the qualifying conditions lists that are part of their final legislative package. But it does not stop there. Lists are constantly under review.
They Change Over Time
Anything put in place by legislation can also be modified or completely undone by future legislation. This includes medical cannabis rules. Qualifying conditions lists are never truly final. They change over time. Let’s go back to Utah for an example.
The folks at Utahmarijuana.org say that the state’s initial qualifying conditions list included chronic pain but not acute pain. A couple of years ago, some key players began advocating adding acute pain that would otherwise be treated with prescription opioids. Lawmakers listened. They ultimately added it to the list.
Utah legislators are presented with a variety of changes to the medical cannabis law at the start of every legislative session. And every session, there are petitions and recommendations for new qualifying conditions. It is the same in the remaining 38 states with legal medical cannabis.
The bottom line is that states regulate medical cannabis. As long as they do, state lawmakers and regulators have the final say about qualifying conditions. Qualifying conditions vary from one state to the next because the states themselves regulate cannabis differently. That is it in a nutshell.