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Can ‘amend’ mean ‘repeal’? Utah Supreme Court weighs the scope of legislative tinkering on medical marijuana initiative

Justices of the Utah Supreme Court acknowledged Monday that the state Legislature’s decision to replace two voter-approved initiatives in the last year, and alter the initiative process going forward, could raise questions of constitutionality.

But those same justices expressed skepticism that the case before them — filed by a group of Utah voters called The People’s Right in response to lawmakers’ overhaul of medical marijuana legalization — was the proper vehicle to address those questions.

“Those may be all fairly subject to constitutional challenge,” said Justice Constandinos Himonas, “but that’s not fairly in front of us right now.