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Senate approves limited 'right-to-try' medical cannabis measure; companion production bill tabled

Utah State Senate · March 6, 2018
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Summary

The Utah Senate approved a narrowly tailored medical cannabis bill allowing physician‑certified terminal patients to try a CBD/THC medicinal preparation in non‑inhalation forms. A companion bill establishing production and distribution was tabled on third reading for fiscal review.

The Utah Senate on third reading approved third substitute House Bill 195, a narrowly scoped "right-to-try" measure that lets terminally ill patients try a physician‑recommended CBD/THC medicinal preparation in non‑inhalation forms.

Senator Vickers, the bill sponsor, told the chamber the measure permits a physician to certify a patient who "has an incurable and irreversible disease" and who, "within reasonable medical judgment, [is expected to] die within six months," to try a medicinal dosage form such as a tablet, capsule, concentrated oil, liquid suspension, transdermal or sublingual preparation. Vickers emphasized the bill excludes whole‑plant products and inhalation methods.

Supporters shared personal accounts during debate. Senator Weiler said a close friend who died of leukemia "would have liked to have tried this." Senator Dabakis said he would vote for the bill but warned it is limited in scope and does not supplant the broader ballot initiative planned for November. Senator Escamilla pressed the sponsor on the six‑month definition, asking whether it was evidence‑based and what would happen if a patient lived longer after receiving treatment; Vickers cited precedent in earlier "right to try" legislation and noted the medical‑judgment certification model as the rationale.

A companion measure, second substitute House Bill 197, would have created a process for authorized growers and processors to produce and ship the medicinal combination and coordinates with recent CBD regulatory language in SB 130. The Senate read that bill for a third time, but Senator Rickers later moved to table it on third reading for fiscal reasons; that motion carried and the cultivation/distribution bill was held.

By the Senate’s tally, third substitute House Bill 195 received 22 "yay" votes and 4 "nay" votes with 3 senators absent. The companion cultivation/distribution bill was tabled on third for fiscal review.

What happens next: HB195 cleared third reading in the Senate. The cultivation and distribution bill (HB197) remains tabled while fiscal issues are resolved.