Politician Info
D-Gary Herbert (R - UT)

Holds office Governor

Signed Legislation

HB 3001 replaces the voter-initiated medical cannabis access program with a far more restrictive program. It eliminates patients' option to home cultivate cannabis, it prohibits the dispensing of either processed flower or edible cannabis products (oils, capsules, or topicals are permitted), it narrows the list of qualifying conditions, and it significantly reduces the total number of permissible state-licensed dispensaries, among other changes. (2018)

House Bill 195 provides patients with no more than six-months to live the legal option to access cannabis-infused products. Under the law, patients with a physician's recommendation may legally possess up to a one-month supply of products. All cannabis products must be obtained from a state-approved provider. Access to herbal formulations of cannabis is not permitted under the law. (2018)

 House Bill 197 permits the Department of Agriculture and Food to contract with a third party to cultivate cannabis for the purpose of manufacturing marijuana-infused oils and other related products. These products would be provided to terminally ill patients and also used in state-sponsored research trials. The new program is required to be operational by January 1, 2019. (2018)

Senate Bill 130 establishes rules for the licensed cultivation of industrial hemp for the purpose of manufacturing CBD-infused products. These products must contain a 10 to 1 ratio of CBD to THC. These products are intended to be sold at "cannabidiol-qualified pharmacies" to patients with a written recommendation from a physician. (2018)

HB 105: Permits the State Department of Agriculture to engage in the cultivation of cannabis containing no more than three-tenths of one percent THC for research purposes, including the study of whether extracts from the plant may be used as viable therapeutic agents. Separate provisions in the measure exempt qualified patients with intractable epilepsy from state prosecution if they possess extracted oils containing 15 percent or more of cannabidiol. (2014)


With regard to the prospects of a 2018 statewide medical marijuana use initiative, the Governor said in a statement: "We need to be cautious as we test and introduce cannabis into our formulary. I believe the consequences of this initiative, even if they are unintended, will do more harm than good." (3/29/18) https://www.sltrib.com/news/politics/2018/03/29/gov-herbert-comes-out-against-medical-marijuana-initiative-warning-it-would-open-the-door-to-recreational-use/

"I do believe that people support marijuana use for medicinal purposes. I'd support it, too. I just want to have science behind it making sure we understand it does do something good. Not just an anecdotal," he said.

Asked if he would vote for the (2018 medical use) initiative, the governor replied: "You've got to read the initiative, it's not just do you support marijuana for medical purposes. The devil's in the details as we say." (3/26/18) http://fox13now.com/2018/03/26/it-looks-like-medical-marijuana-will-be-on-the-november-ballot-in-utah/

"On medical marijuana: If there's science behind it, I'm all for it. I don't know that we have the science yet." (3/18/18) https://twitter.com/GovHerbert/status/975925860090785792

"It ought to be a controlled substance just like anything else. It ought to be approved by the FDA. It ought to be in fact prescribed by a doctor and administered by a pharmacist," Herbert told Rolling Stone. "We probably ought not to have self-medication. The physiology of different people would require probably different quantities of the medicine, and I just think that's prudent." (2/26/18) https://www.rollingstone.com/politics/features/jeff-sessions-governors-moving-ahead-pot-w517128

During a Fox13 interview, Herbert was asked the following: "Based on what the legislature did this session regarding legalizing medical marijuana, should those dealing with chronic pain be satisfied with the progress or should they put even more support behind a ballot initiative to make medical marijuana legal in Utah?"

"From the perspective of developing policy, we've got to have the right laws in place. We can't just turn a blind eye like federal government has done in this past administration… that's not good policy. And certainly there's anecdotal evidence, a lot of science out there kinda leads up to believe that appropriate use for medicinal marijuana would be something we ought to encourage, but we ought to have the science to back it up. But I can tell you, the jury is still out on this. I've talked with Governor Hickenlooper over on Colorado, he was against recreational use of marijuana. He knows many states have used the medicinal aspect of marijuana to lead to recreational use. And he's told me, as he's told other governors, be very careful, we're having it in Colorado, watch, it's not all turning out to be the plus we thought it was going to be, and we ought to be careful. And that really means let's take it step by step by step by step and get to the right place. We're not there now, I think we're on the right road going the right direction. If we had a cooperative federal government, so we could get the research done, I think that would enhance our opportunity to get there quicker." (3/19/17)

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