Yesterday, Governor Schweitzer said he’d allow SB 423 to become law without his signature. He may still veto any time in the next ten days, and we should continue encouraging him to do so, but in case he does allow it to become law, here’s what we have to look forward to:

Patients

• Your existing card is still valid until it expires; you’ll renew under the new rules.
• The same medical conditions will continue to qualify you, but if your diagnosis is “severe chronic pain”, the new law is much more strict. The pain must be persistent and of severe intensity, and objectively proven by an X-ray or MRI, or a second physician must confirm the diagnosis after a physical exam.
• You must be a Montana resident.
• Once you have your card, if you do not choose a provider, you’ll be able to possess 12 seedlings, 4 mature flowering plants, and 1 ounce of usable marijuana. By choosing a provider, you give up your right to grow for yourself.
• Failure to notify the state of a change of address within 10 days voids your card.
• You must carry your medical marijuana card with you at all times.
• Parents wishing to register their minor children need a second doctor’s recommendation, must submit fingerprints for an FBI background check, and agree that the minor will never smoke marijuana, only use infused products.
• People under department of corrections supervision are not eligible.
• Gardens may not be combined and shared, unless you are relatives by blood or marriage.
• Drivers may be compelled via search warrant to provide a blood sample.  5ng/ml is cause for a DUI charge.
• If your drivers license is revoked for DUI, your medical marijuana card must be surrendered.

Caregivers

• A new “provider” registration process is supposed to be available by June 1st, 2011. Anyone who wishes to grow marijuana for someone else will be subject to a fingerprint background check by the FBI, as well as a financial background check (unpaid taxes, student loans, child support).
• If you do not get one of the new cards in June, you must bring in all your plants and product to local law enforcement for destruction before July 1st.
• You may choose to register as a “marijuana-infused products manufacturer” instead of, or in addition to, registering as a “provider” (grower).
• If approved, providers will be allowed to grow 4 mature plants and 12 seedlings each for up to 3 patients.
• Nobody can sell anything to anyone. No money, nothing of value may be exchanged for marijuana, except that the patient may reimburse the provider for the state application fee.
• Infused product manufacturers must use separate cookware from that which they prepare “normal” food, and are subject to local health department food preparation rules.
• You must carry your provider card with you at all times.
• Law enforcement will be automatically notified of the location of your garden. You may have only one. Law enforcement can conduct unannounced inspections during business hours.
• Gardens cannot be combined or shared.
• Must keep a complete set of records showing all transactions with cardholders (by name and ID number), open for inspection by law enforcement at any time during business hours.
• Advertising of any kind is prohibited, including via electronic media (websites, email). This provision is effective upon passage — mid-May.

Doctors

• Must describe in writing the medical condition, why it is debilitating, and the extent to which it is debilitating.
• Must confirm that they have assumed primary responsibility for caring for the patient.
• Must describe the range of other medications and treatments used to treat the condition.
• Must confirm that they have reviewed all other medications and supplements and considered their possible interaction with marijuana.
• Must confirm they have explained the potential risks of marijuana.
• May not affiliate in any way with providers or infused products manufacturers.
• May not examine patients where marijuana is being grown.
• May not offer a discount or incentive to a patient for choosing a particular provider.
• Will be reported to the Board of Medical Examiners if they recommend for more than 25 patients in a year. This will trigger a formal review of the physician’s practices, for which the physician will be responsible for the costs.
• Telemedicine recommendations will constitute “unprofessional conduct” under 37-1-316.

Finally, there will be a “hotline” for people to report suspected abuses of the medical marijuana law by anyone, and local governments may ban providers and infused products manufacturers from operating within their boundaries.

If the governor doesn’t veto SB 423, that’s what we have to look forward to.

Don’t Like It?

Contact the governor before May 10th and urge him to veto SB 423:

1. Click here: http://www.montanadrugpolicy.org/alert/46
2. Click here: http://governor.mt.gov/contact/commentsform.asp
3. Call: (406) 444-3111 and urge the governor to veto SB 423 and regulate medical marijuana via administrative rules.

As always, if you want to be listened to and be effective, be professional in your correspondence.

Various teams of activists are also speaking with lawyers about the possibility of suing to stop the law from going into effect, and there will likely be a signature-gathering effort in a few weeks to try to stop this bill from becoming law. If you want to help, please contact us, and let us know where you live.

We received this from a Bozeman grower who wishes to remain anonymous – for now:

 

IN MED MARIJUANA TESTIMONY, SEN. WITTICH SELLS OUT CONSTITUENTS, CLIENTS AND SICK MONTANANS

During a Senate floor session held on March 31st, Republican State Senator Art Wittich gave pivotal testimony in favor of House Bill 161.  Originally proposed by House Speaker Mike Milburn, HB 161 seeks the complete repeal of Initiative 148, Montana’s medicinal marijuana law, which an overwhelming 64% of voters supported in 2006.  Following Mr. Wittich’s testimony, HB 161 passed the Senate, and it is currently on Governor Schweitzer’s desk for consideration.

Mr. Wittich was elected to the Senate last fall on a far-right, small-government platform that appealed to many Tea Party members.  Prior to being elected, Mr. Wittich worked as an attorney at the Wittich Law Firm in Bozeman, which he founded in 1995, and where he remains senior partner.  Unfortunately, when he spoke in favor of HB 161, Mr. Wittich chose not to reveal to either his conservative/Tea Party constituents, or to his law firm’s clients, that he was playing both sides of the fence on the medicinal marijuana issue.

In fact, at the time of his testimony, Mr. Wittich’s law firm was representing two local medicinal marijuana providers.  However, neither of Attorney Wittich’s clients were warned when they hired his firm that Senator Wittich intended to aggressively advocate for legislation that would destroy his clients’ businesses; condemning them to bankruptcy at best, and turning their principals, employees, agents and contractors into criminals at worst.  Setting aside the apparent and egregious – if not unethical – conflict of interest he exhibited with his testimony, it is clear that while Senator Wittich touts the need for repeal of I-148, Attorney Wittich has been more than willing to make money “representing” medicinal marijuana providers.

Mr. Wittich pulled the wool over his clients’ and his constituents’ eyes in order to gain political and financial capital.  But worse that that, his conduct has threatened the health and welfare of the tens of thousands of Montanans who are, and who yet could, benefit from medicinal marijuana.  The real question for Mr. Wittich is this: If he is so interested in small government, then why is he sticking his hands into sick Montanans’ medicine cabinets?