Archive for May, 2011

There Are No “Inspections” of Medical Cannabis Growers, Yet

May 28th, 2011

Some Montana law enforcement officials believe they have the right to conduct “inspections” or “compliance checks” of professional medical marijuana gardens.

They have no such right under the current law. They are wrong and abusing their power.

SB 423 provides for inspections of licensed providers in section 14, but that part of the law does not go into effect July 1st, 2011, and only if the legal efforts of the MTCIA are unsuccessful. The new law has a totally different and onerous licensing scheme for growers, which has not been implemented yet, and so there are no licensed providers, and no inspections.

Caregivers should consult their attorneys for advice on how exactly to handle a request for inspection of their gardens. Absent a search warrant, you are under no obligation to allow Montana law enforcement officials to inspect your premises. In fact, you are under no obligation to answer any questions about your activities, or even to answer the door.

Just say no to warrantless searches.

 

 

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Posted in Medical Marijuana, Montana

SB 423 Will Not Take The Money Out Of The Industry

May 13th, 2011

Various Montana legislators, especially the Republicans, have stated over and over that one “benefit” of SB 423 is that it will “take the money out of the industry”, or, “take the profit out of it”.

Nothing could be further from the truth.

By eliminate legal commerce in cannabis between caregivers and registered cardholders, the Republicans have simply succeeded in providing a boost to the black market, and all that that entails.

And, because the risk of operating on a black market rather than within a legal system increases the price of any product, what they likely have done is add profits to the illegal industry. That’s why folks are calling it the “black market bill”.

There’s a childlike naivete to the Republicans’ statement that by making marijuana cost-free to patients, nothing of value will be exchanged for this valuable commodity. Kind of like covering your eyes and believing that the whole world has disappeared.

Hopefully, the efforts of the Montana Cannabis Industry Association will prevent this ridiculous bill, which tramples the will of voters, from becoming law.

 

 

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Posted in Medical Marijuana, Montana Legislature, Prohibition

Montana Cannabis Industry Association Launches Unified Defense Against SB 423

May 6th, 2011

From http://mtcia.org :

YOUR HELP IS NEEDED, TODAY!

We’ve got a short time frame to do it, but we must stop SB 423 from being implemented and destroying access to medical cannabis in Montana. The Montana Cannabis Industry Association (MCIA) will secure the services of attorney Jim Goetz of Bozeman who has experience with cannabis cases and experience winning a constitutional case in the United States Supreme Court. He’s a “big gun.” When Montanans see his name, they’ll know we are serious and we are hiring the best. MCIA talked to more than a dozen lawyers and Goetz was the name, over and over. Even attorneys who wanted the job themselves said Goetz was the man.

Hiring the best comes with a price. We must raise $50,000 by Friday morning. That’s what it takes for the best and that is the timeframe we’re working with. We can do this.

On behalf of caregivers and patients statewide, Goetz will deploy legal actions intended to first delay the new law’s implementation, and then strike it down in its entirety. The initial delay action will buy us time to collect signatures for the referendum to keep the law from being implemented. But we need your financial help immediately to make this happen.

There’s no time for hand wringing. A $250 contribution towards securing Goetz’s services also provides membership to the MCIA. But please give more if you can. The clock is ticking.

IT IS CRITICAL THAT WE WORK TOGETHER. PLEASE DISCOURAGE OTHERS FROM FILING LAWSUITS INDEPENDENTLY. THE FIRST CASE TO FILE BECOMES THE LEAD PLAINTIFF AND THE WRONG CASE WILL DESTROY OUR CHANCES OF SUCCESS. PLEASE CONTACT  US BEFORE FILING ANY LAWSUITS.

The attorney. The venue. The plaintiffs. Every detail contributes to our success or failure.  It’s critical that we consolidate our efforts into this case. We have strategy. We need an attorney that Montana judges know and respect so the court system understands that we are a group of professionals.

And that we’re not going away.

You recognize the need to invest in this effort to protect patients and the caregivers that serve them.  There is no time to waste. Contact us immediately with your pledge and send checks to:

Montana Cannabis Industry Association
PO Box 9580
Missoula, MT 59807

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Posted in Medical Marijuana, Montana, Montana Legislature

Newsletter: Our new medical marijuana law: strategies and next steps

May 2nd, 2011

Sign up for the free Montana NORML newsletter here: http://mtnorml.org/subscribe

A few days ago I told you that the governor seemed to be pleased with SB 423, a bill that would demolish the legal cannabis industry in Montana and make it more difficult for patients to have safe and reliable access. Since I wrote those words, he has stated in no uncertain terms that he intends to allow the bill to become law. It is scheduled to become the new law of the land on July 1st.

An at-a-glance summary of the new law for patients, caregivers, and doctors, is here: http://blog.montananorml.org/2011/04/30/highlights-of-montanas-new-medical-marijuana-law/ (please read this)

Activist leaders across the state are mobilizing to stop SB 423 from becoming law. This involves multiple strategies:

  1. Persuade the governor to veto. He has said he will not, but we should keep pushing until he does. Read below for how to do so.
  2. File legal actions to block the law from taking effect based on constitutional objections. More on that front soon. If you know about such an effort, let me know so I can help coordinate. It could be really bad to have bunch of separate efforts! UPDATE 5/4/2011: Visit http://mtcia.org for info about how to donate to this effort!
  3. Collect signatures to block the law from taking effect and allow the voters of Montana to decide whether SB 423 is the right way to regulate medical marijuana.

Here are a few details on each effort:

1. Veto

This is a best case scenario. If the governor vetoes SB 423, we are left with the existing law — subject to any new administrative rules that the state provides, a function that has always been available to them, but they chose not to use. We need to pressure the governor to take this option — veto the bill, and create a regulatory infrastructure via administrative rules. He has the power to do this.

Tell him so:

  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.
  4. Write a letter to the editor of your local paper. These messages matter!
  5. Show up:

  • Whitefish — Thursday May 5th, 11:30AM, Whitefish Performing Arts Center. The governor will be attending this event, and we would like to see a mass of people, dressed in their Sunday best, politely holding “VETO SB 423” signs. Contact our friend Ed Docter to coordinate: ed.tamarack@gmail.com or see the Facebook event page here.

2. Legal Action

It is possible that the right legal action, launched in the right jurisdiction, could prevent or delay implementation of SB 423.

My gut feeling is that there are probably 10+ big growers out there, with a bundle of cash and a top-shelf lawyer ready to do this — but, please, you guys, slow down, and consider this:

If multiple suits are launched in different jurisdictions that argue some of the same points, it’s possible that the suits could be combined to be heard in one court — which might be the worst court we could be in.

So, if you and your attorney are hot-to-trot to sue, please let us know so we can help coordinate the various efforts into one which is strategically and legally sound. We want to connect the experts into a team, so we can win.

UPDATE 5/4/2011: Visit http://mtcia.org for info about how to donate to this effort!

3. Signatures

Montana law allows us the possibility of blocking an act of the legislature if we gather enough signatures. It’s a big number, something like 100,000 signatures.

If it comes to this, we will need to recruit 1000 signature gatherers. If you would like to volunteer to lead regional signature gathering, please email norml@montananorml.org and let us know — include your city and phone number and any special skills or resources you have (like a crew of 10 volunteers ready to help, for example). If you can pledge to gather 20 sigs, that counts! Let us know.

We cannot gather signatures yet. It is a legal process, which is unlikely to be complete before June. Sit tight, the delay is absolutely unavoidable.

There is a whirlwind of activity statewide to combat the new law. Please forward this message to your friends. Things are happening, and we’ll need your help to succeed. Let us know if you are part of a regional group that intends to be involved and we’ll help coordinate.

Onwards!

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Posted in Medical Marijuana, Montana, Newsletter