In 2021, a local firefighter became suspended without pay after refusing to turn in his medical cannabis card. Under the Utah Medical Cannabis Act, passed in 2018, patients could receive medical cannabis prescriptions from doctors to treat chronic pain and other conditions. This led Utah to recognize medical cannabis as a legitimate treatment in the state. However, because of the type of job in question, there was a chance the firefighter could be impaired or a danger to the public because of his medication. 

The firefighter was suspended without pay for not turning over his medical cannabis card. He is currently suing the Utah local fire department on the grounds that they violated the state medical cannabis act. While the lawsuit is still in the works, Utah lawmakers took steps to close the supposed loophole that led to the firefighter’s unpaid suspension. 

Details of Bill SB 46

According to the bill’s text, SB 46 “amends protections for medical cannabis patients, including public employees, to protect the holding of a medical cannabis card and medical cannabis recommendations.”

SB 46 requires state and local governments to treat medical cannabis prescriptions as any other prescription for other controlled substances. 

“It provides some clarity to what the legislative intent was … in recognizing medical cannabis as a legitimate use of cannabis for treating certain ailments such as chronic pain,” said Representative Joel Ferry, R. He sponsored the bill in the Utah House, which passed the bill 68-4 in favor, following the Senate, which voted 26-1 in favor of SB 46. The bill now heads to Governor Spencer Cox, R, for his signature to make SB 46 a law.

Concern

While lawmakers are in support of SB 46, several have spoken out against the bill with various concerns. First is regarding those who show up to work while under the influence of medical cannabis. Companies and offices can still discipline employees who appear impaired or unable to perform their job while under the influence. That is part of the original bill. Employees seeking a medical cannabis card will not subject someone to discipline or termination. 

“I honestly appreciate those concerns,” Representative Kera Birkeland, R, reassured those with concerns. “But if we wanted to go down every controlled substance that we have and talk about abuse, every profession and everybody would be at times possibly abusing.

“We don’t come down on that,” she continued. “I think we need to let people work through this issue with their physicians and support and provide education and training on how to not abuse substances, instead of just saying, ‘You might abuse this and so we’re not going to let you have this drug and have this profession.’”

Future

A majority of lawmakers in favor of SB 46. Should Governor Cox veto the bill, there are enough votes in each chamber to overturn the veto. However, it’s unlikely Governor Cox will veto the bill with the high favorability. The firefighter who inspired the bill continues to fight the fire department in his lawsuit. He’s asking for compensation for his unpaid time as well as his attorney fees. He also wants to be reinstated as a firefighter at the station he had originally been employed at. No trial date has been set yet. 

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