September 4, 2018 Utah Lieutenant Governor Spencer J. Cox Elections Division Utah State Capitol, Suite 220 Salt Lake City, UT 84114
RE: Formal Complaint Against Drug Safe Utah for Purposefully Misleading Utah Voters
Drug Safe Utah (hereafter “DSU”) has consistently and deliberately attempted to mislead the public about the contents of the Utah Medical Cannabis Act, now known as Proposition 2. These actions include radio ads, mailing flyers, canvassing voters, and making public statements to deliberately confuse and mislead the public. The most recent efforts include a radio ad and telephone poll making demonstrably false claims about the contents of Prop 2.
For example, DSU’s radio ad claims that “Prop 2 is actually about recreational use and not medical.”
However, the Utah Medical Cannabis Act is a strictly medical program requiring physician-approved treatment for a specific list of medical conditions. Nowhere in the law does it provide for recreational use of cannabis. So-called “recreational” laws are those that allow adults to purchase cannabis at retail stores without physician oversight or an existing medical condition. This is not at all what Prop 2 proposes.
Utah Code 20A-11-1103 states:
A person may not knowingly make or publish, or cause to be made or published, any false statement in relation to any candidate, proposed constitutional amendment, or other measure, that is intended or tends to affect any voting at any primary, convention, or election.
DSU has published a false statement in relation to Prop 2, a ballot measure, that will affect how people vote in the November election. We therefore request the Elections Division to order DSU to immediately cease and desist all such claims regarding Prop 2 being an attempt to legalize “recreational use.”
Further, DSU’s statement is in direct conflict with the independent and official analysis provided to the public by the Office of Legislative Research and General Counsel, found here. Some radio stations have agreed with our complaint and have already elected to stop airing the ad due to its mistruths.
The ad in question also falsely claims that “Medicinal marijuana is already legal in Utah. Your doctor can prescribe it, or you can buy it over the counter.” This false statement is presumably intended to confuse and mislead the public. No licensed physician can prescribe marijuana for medical treatment. It is a Schedule 1 drug and therefore prohibited from being prescribed by a doctor or being sold over the counter.
These legal claims, spoken in the ad by a licensed Utah physician, could mislead some in the public into believing they will not be arrested, charged, or otherwise impeded for possessing or using cannabis in Utah,
even for medicinal purposes. This action could cause irreparable harm toward someone in the public who hears and follows the legal claims made by DSU or its spokesperson, Doctor Hamilton.
DSU is also conducting a phone poll to Utah voters that conveys another false statement. In addition to conveying the false statements listed above to the respondent, the pollster uses a script that also says, in part, “For the 19 months between passage and implementation of Prop 2, marijuana possession and use will be completely legal. This means that for 19 months anyone can use, possess, and grow marijuana legally, and local law enforcement will no longer enforce marijuana laws.”
This statement is also demonstrably false. With Prop 2’s passage, law enforcement would retain the ability to arrest anybody for possession, use, and growing of marijuana during the 19 months in question. Nothing in the proposal would limit their power to do so at all. County attorneys retain the ability to prosecute these people as well. Prop 2 does provide an affirmative defense for a person who would qualify for a medical cannabis card once available to patients, and only if they can prove evidence of that claim in court.
It is completely false, however, to state that this makes “marijuana possession… completely legal.” To say that anybody can do so “legally” and that law enforcement “will no longer enforce marijuana laws” is an egregious claim and simply untrue. As with the previous false statements, we again call upon the Elections Division, pursuant to Section 20A-11-1103, to order DSU to immediately cease and desist such falsehoods.
These new efforts are part of a larger trend on DSU’s part to lie to the public. Earlier attempts include paying canvassers to make false statements and even misrepresent themselves to voters, such as making statements they were representatives of the ballot initiative, and that they were working with the county. These efforts have been documented and recorded by Utah Patients Coalition and concerned citizens. Even former canvassers working on behalf of DSU resigned due to the misleading statements they were being asked to say to voters.
In addition to a cease and desist order prohibiting DSU from making false statements to Utah voters as required by Utah law, we request that the Lieutenant Governor’s office publicly sanction DSU for its untruthful activities and order any other relief deemed appropriate by the Elections Division.
While we respect those who disagree with the legalization of medical cannabis in Utah, the Utah Patients Coalition considers the use of false statements to be repugnant, especially when their effect would be to continue criminalizing patients in Utah. State law should be followed and false statements should be prohibited. Drug Safe Utah’s public actions have caused harm to patients and the passage of Prop 2.
We ask that you make this complaint available to the public and Drug Safe Utah’s coalition of supporters.
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WASHINGTON, Sept. 5, 2018 – Assistant to the Secretary for Rural Development Anne Hazlett today announced that USDA is hosting listening sessions to solicit feedback on a plan to increase access to capital in rural areas by streamlining regulations for four Rural Development loan guarantee programs.
“At USDA, we know that for many rural communities the regulations that govern our programs can be outdated and difficult to navigate,” Hazlett said. “Under the leadership of Agriculture Secretary Perdue, USDA is committed to simplifying our regulations and streamlining our program resources so we can be a better partner to rural leaders in building prosperity.”
The changes will simplify the application process for four Rural Development loan guarantee programs that provide funding to start, improve and expand businesses and build critical infrastructure. They also will incorporate modern lending practices, accelerate the loan approval processes and increase the amount of capital available in rural communities. The programs are the Community Facilities Guaranteed Loan Program, the Water and Waste Disposal Guaranteed Loan Program, the Business and Industry Loan Guarantee Program and the Rural Energy for America Program.
The Rural Development Innovation Center is hosting listening sessions this month to solicit comments on the reforms.
Listening sessions will be held:
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Sept. 10 in Denver from 9:30 a.m. to 12:30 p.m. MDT at the Denver Federal Center. To attend virtually, visit: Attend virtually.
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Sept. 10 in Lexington, Ky., from 1:00 p.m. to 4:00 p.m. EDT at the USDA Rural Development State Office. To attend virtually, visit: Attend virtually.
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Sept. 12 in Lake Ozark, Mo., from 1:30 p.m. to 4:30 p.m. CDT at the Lodge of Four Seasons. To attend virtually, visit: Attend virtually.
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Sept. 14 in East Stroudsburg, Pa., from 9:30 a.m. to 12:30 p.m. EDT at East Stroudsburg University. To attend virtually, visit: Attend virtually.
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Sept. 19 (virtually only, focus on Tribal areas) from 3:00 p.m. to 4:30 p.m. EDT. To attend, visit: Attend virtually.
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Sept. 20 in Washington, D.C., from 9:30 a.m. to 12:30 p.m. EDT at USDA Whitten Building, Room 107-A. To attend virtually, visit: Attend virtually.
For more information, please see page 45091 of the Sept. 5 Federal Register.
In April 2017, President Donald J. Trump established the Interagency Task Force on Agriculture and Rural Prosperity, led by Agriculture Secretary Sonny Perdue, to identify legislative, regulatory and policy changes that could promote agriculture and prosperity in rural communities. In January 2018, Secretary Perdue presented the Task Force’s findings to President Trump. These findings included 31 recommendations to align the federal government with state, local and tribal governments to take advantage of opportunities that exist in rural America. Increasing investments in rural infrastructure is a key recommendation of the task force.
To view the report in its entirety, please view the Report to the President of the United States from the Task Force on Agriculture and Rural Prosperity (PDF, 5.4 MB). In addition, to view the categories of the recommendations, please view the Rural Prosperity infographic (PDF, 190 KB).
USDA Rural Development provides loans and grants to help expand economic opportunities and create jobs in rural areas. This assistance supports infrastructure improvements; business development; housing; community services such as schools, public safety and health care; and high-speed internet access in rural areas. For more information, visit www.rd.usda.gov.
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USDA is an equal opportunity provider, employer and lender.
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