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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:
- 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.
- 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!
- 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:
- Click here: http://www.montanadrugpolicy.org/alert/46
- Click here: http://governor.mt.gov/contact/commentsform.asp
- Call: (406) 444-3111 and urge the governor to veto SB 423 and
regulate medical marijuana via administrative rules. - Write a letter to the editor of your local paper. These messages matter!
- Show up:
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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!
What needs to be researched is called “STAY OF EXECUTION” ..A term during which no execution can issue on a judgment.It is either conventional, when the parties agree that no execution shall issue for a certain period; or it is granted by law, usually on condition of entering bail or security for the money.An execution issued before the expiration of the stay is irregular and will be set aside; and the plaintiff in such case may be liable to an action for damages.
The above refurs to civil cases as well.
How ever you will need to have grounds to file under, witch can be “JUDICIAL REVIEW” ..This basically gives the asked court of filing to over ride a legislative branches dessision based on civil rights being violated. Secondly, the is always the option of “CERTIFICATION OF QUESTION OF LAW TO SUPEREME COURT”.. meaning before a law can take effect under rule 15, questions have to be made clear before a law can be applied.
My suggestion would be to find a judge that is !st a Democrate second, has a family members that eather has a card or he is self has one… I know for fact there is a judge in Billings, MT that retains a green card as I met him during a mumoriam hearing in Greatfalls, MT.
My personal thoughts is 423 is very repugnant to the commonweath of montana, and alot of arbitrary judgement was used instead of facts. The mistake on the city and state behalfs were issuing city business licences’s
I am a cardholder in Missoula who is ready and willing to help put an end to this insanity any way we can. My background includes a B.S. in mechanical engineering and presently I am working on a start-up company centered largely around processing industrial hemp. A plant also legalized in this state despite a federal ban which is still preventing farmers and businesses from investing in this most sustainable and versatile plant.
The federal law used as an excuse to keep our prohibition against cannabis going is very obviously being circumvented by our fededral government in order to maintain the “status quo.” It is my opinion we should start our legal challenge here, go for the throat and be done with this failed prohibition once and for all.
If it hasn’t happened already, we need to get Law Enforcement Against Prohibition up here and directly involved with this process. They are the ones who already helped craft the legislation going on the ballot in Cali. next year. And they are the ones who our lawmakers will be forced to listen to, especially given claims that this garbage is what law enforcement wanted. Personally, I think they would make great star witnesses in a class action suit demanding safe access to this life-giving medicine. Similar to the one which is presently bringing down prohibition in Canada…
I am in bozeman and would like to know how to get with so i can be part in the help in this state
Please send phone number and city to norml at montananorml.org asap.
When you need signatures let me know what to do and I will have 100 plus! Thanks Sean
Please send your phone number and city to norml at montananorml.org
My attorney is Pat Sherlock. My son is on probation, and has seizures, which have not responded to conventional drugs. Cannabis stopped his seizures. I have hired Pat Sherlock, Atty, because of his expertise in fighting disability and medical cases. http://kalispelltrialattorney.com/sherlock.htm
Please, please coordinate any civil action to stop 423 with us. Don’t go it alone!
Will help in any way. Have large construction crew (10) welling to help in any way!!
Please send phone number and city to norml at montananorml.org
Hello, my name is Taj Riotutar. I am an enrolled member of the Chippewa Cree Tribe, a medical marijuana patient and caregiver, and my patients and I reside on the Rocky Boy’s Indian Reservation, located in North Central Montana.
The Chippewa Cree Tribal Council, also known as the Chippewa Cree Business Committee, does not acknowledge the use of marijuana for medicinal purposes and can prosecute mmj patients and caregivers living on the reservation as they see fit. With all the cocaine, meth, alcohol, and prescription pain pill overdoses/deaths here on the Rocky Boy Reservation, you would think that the Tribal Council would adopt or create a law allowing medical marijuana use for a natural alternative to synthetic narcotic pain medication.
The Chippewa Cree Tribe fought hard to have the State of Montana recognize our Tribal ID’s and now the Chippewa Cree Tribe does not recognize our VALID Montana State Medical Marijuana ID’s. HYPOCRITES!
This is what encouraged my patients and I to join NORML and hopefully create the first Native American NORML Chapter. We are still in the process of completing the application and creating our bylaws, but look for us to be up and running soon. So, if you are a Native American marijuana user and want to join our “TRIBE” of Native American Medical Marijuana Patients and Caregivers, e-mail Taj Riotutar (founder) at rio2tar@yahoo.com for more information.
We live in District 32 and will do whatever it takes to keep marijuana available to those in need.
In the end, medical marijuana patients on all Indian reservations in medical marijuana friendly States, will continue to receive their medicine, medical marijuana, by either growing it themselves or from the caregivers throughout those States, regardless of any Tribal Law passed.
Please support the rights of Medical Marijuana Patients and Caregivers on all Indian reservations in the State of Montana.
I am 68, not a user, but I am 100% for a “GO FOR THE THROAT’ strategy as stated by Justin Michels. Ihope there will be a class action suit here in Mt. I am ashamed to be living in a state with so many dumb politicians who voted for SB423. I hope our Govenor will show some balls and veto SB423, and administer something that works.
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http://www.youtube.com/user/detersbb#p/c/0/oP3wbzIZ5Xc Know your rights.
I still see no one addressing how this affects us vets. We have fed healthcare. And sensitive military documents attached to our med files. The state really wants us to give these documents to an unsecured medical office. And not to matter the expeinance on our war heroes. This says we demand you spend more money your arm or leg wasn’t enough. Or just stay on your federally given opiots.. Sorry i guess federal drug dealers are ok.
I will support the medical marijuana any way I can, it beats doctors putting you on a bunch of pills and then expecting you to function. Are people afraid the PHD’s won’t make their pill money? This has been a blessing. I’ll be in Whitefish!!!
I’ve followed the Medical Marijuana issue over the last several months and believe that what is the most alarming aspect of it has been overshadowed by the controversy surrounding it. What is truly alarming and should be at the forefront is the will of the voters being usurped by public officials with an agenda.
This is a deliberate attack on the foundation of freedoms we so cherish in America and it is being LOST in the BS surrounding the MM struggle. Please set aside that this is about MM and plug-in whatever issue you’d like and maybe you’ll see clearly that the power of voter initiative; so brilliantly declared by President Abraham Lincoln (a Republican) in the Gettysburg Address, is being declared fair game by elitists’ with an extreme mandate and acted upon through the power of the public office bequeathed upon them by the voting citizens of this great State, and has been turned against us in an insidious manner that preys upon fear and differing ethics.
Although the MM initiative needed reform, allowing a group of less than 100 people to totally extinguish the spirit and compassion of the concept of MM passed by a majority of 60% of Montana voters is just the beginning. The next legislative season will see a reversal of what occurred this session and we will all, once again, be at each other’s throats and freedom will be silently and maliciously chipped away at in the back rooms of our state capital under the cloak of partisanship agendas.
“that this nation, under God, shall have a new birth of freedom — and that government of the people, by the people, for the people, shall not perish from the earth.” A. Lincoln, Gettysburg Address
Kate Martin
Butte, MT.
Count me in for signatures…Missoula has your back!