Earlier this morning in the House Judiciary Committee, HB 33, the any-amount-of-cannabis-metabolites-is-DUI bill, was tabled. This means it’s likely dead. Republicans and Democrats alike saw it as an overreaching of authority and science to charge people with DUI just because of some traces of chemicals in their urine.

Relish that news, as there may not be a lot more good news out of this legislative session. We’ll see.

Also, there’s a hearing tomorrow about SB 193:
http://data.opi.mt.gov/bills/2011/billhtml/SB0193.htm

This bill is interesting is that it attempts to “tighten up” the medical marijuana program with subtle tweaks, rather than dramatic re-invention.

Some if these tweaks include:

• raises patient app fee to $150
• requires  patients and caregivers to sign statement not to divert
• two physicians required for minors
• caregiver registration fee of $200
• caregivers must be residents and submit fingerprints
• caregivers may not have criminal records that include crimes of violence or felony drugs (unless more than 10 years ago)
• automatic card revocation for diversion
• increase to 2.5 oz possession limit
• plants must be grown in enclosed locked facility
• 2.5 oz every 14 days max sold per patient
• caregiver must maintain records of those sales, available to cops on request
• no public smoking allowed

Have an opinion on these matters? Here’s next steps for action:

• How to Contact Montana Legislators http://blog.montananorml.org/2011/01/18/how-to-contact-montana-legislators/ (If using the email form, send your message to the Senate Public Health, Welfare, and Safety Committee. If you show up, it’s at 3PM in Room 317.)
• What Not To Say http://blog.montananorml.org/2011/01/15/how-not-to-write-your-legislators/

In other news, the state bill to prohibit cities and counties from passing law designed to establish law enforcement priorities was proposed by Missoula County Attorney Fred Van Valkenburg in response to Missoula County’s Initiative #2, which recommended that law enforcement treat adult marijuana crimes as their lowest possible priority:  http://missoulian.com/news/local/article_4a730082-2847-11e0-8f9c-001cc4c002e0.html?mode=story

Curiouser and curiouser.

Afterwards, I headed to the Badlander for a candidate forum put on by Forward Montana. It was called “candidating“, and was modelled on speed dating, in which you just have a few minutes with your partner, and then everyone switches. Cool idea, and a great way to meet a bunch of candidates and ask the questions you need answered. What follows is my brief recollections of those conversations.

Tyler Gernant, candidate for the U.S. House: He agreed that marijuana has no business being a schedule I drug federally, and that a system of responsible regulation is the wisest policy.  Results: Thumbs Up.

Tom Facey, candidate for Senate District 48:  I never really got out of him his position on the prospect of tax & regulate, as he kept coming back to medical marijuana.  Results: Inconclusive.

Ellie Hill, candidate for House District 94: She supports our efforts. Results: Thumbs Up.

Bryce Bennet, candidate for House District 92: He supports our efforts. Results: Thumbs Up.

Brad Giffin, candidate for Missoula County Sheriff: Right out of the gate, he said he thought it was inevitable that marijuana would become legal in the not-too-distant future, and he was fine with that.  He reminded me of William Macy.  Regarding Initiative #2, he would not change policy; i.e., his deputies would continue citing people for marijuana when it was encountered. He was concerned about the lack of an empirical test for impaired driving.  Results: Inconclusive.

Bob Parcell, candidate for Missoula County Sheriff. Now this guy seems like a SHERIFF. A smokejumper and 30-year Marine reservist with experience in the battle of Fallujah, he’s a no-nonsense military tough guy. I sat with him for 10 minutes or so, and he’s thoughtful and reasonable and willing to hear facts that counter his preconceived notions, such as marijuana causing cancer (which it does not). I talked to him about LEAP, and he was nodding in understanding that veteran narcotics cops may well end up believing that the Drug War was a tremendous waste of time and money and lives.  He said repeatedly that alcohol is about the worst thing out there.  (UPDATE: When I replied that well, maybe we should prohibit alcohol?” he said “no way, we know how that turned out”. ) He also said that no new policy would be issued by him related to Initiative #2, but pointed out that a guy smoking cannabis in his house is already the lowest possible priority. When I asked him how he would vote if an initiative that provided for responsible regulation of marijuana for adults was on the ballot, he paused, and said he’d abstain from voting, because he has to answer the question from “the other side” too. (I read that as cautiously supportive.)  He also was concerned about the lack of an empirical test for impaired driving. He said repeatedly that as a “lawman”, he’d enforce the law, as long as he didn’t believe it was unconstitutional or immoral. Results: Inconclusive.

On balance, because I chair the Initiative #2 committee, I think Brad Giffin might be easier to work with, but I didn’t spend too much time with him.

In a few weeks, we’ll have a chance to vote on the folks who might be headed to Helena to create the law of the land. The above is a subset of what you’ll find in our upcoming voters guide.

Not sure whether you’re registered to vote, or need to figure out who you’ll be voting for? The state provides the tool you need here.

If you can get to candidate forums and ask questions about where the hopefuls stand on regulating marijuana, please contact us with your findings!

-JM

2001: Two years after Montana NORML volunteers penned a House Resolution calling upon federal authorities to end the prohibition of industrial hemp, the Montana legislature legalizes the crop, and directs the Department of Agriculture to develop rules regulating implementation.  (The Department finally issues its first permit in 2009.) Nationwide, support for treating marijuana as a legal substance hovers around 31%.

2004: Montana legalizes medical marijuana by citizens’ initiative. Montana NORML publicizes the signature gathering campaign and rallies support in the public. The initiative passes by a record margin of any other state at the time. More people voted for marijuana than George W. Bush (who won decisively in Montana). Nationwide, support for treating marijuana as a legal substance hovers around 34%.

2006: Missoula County voters pass Initiative #2, which calls upon government law enforcement agents to treat adult marijuana use as their lowest possible priority. County officials later amend the initiative to apply only to misdemeanors, causing great public outcry. The trend continues, and support for legal marijuana nationwide reaches 36%.

2009: The state legislature considers more marijuana legislation (good and bad) than in all previous sessions combined. The medical marijuana scene in Montana goes commercial, with lots of display advertising and storefronts opening in many cities, sending some cities scrambling to regulate — or temporarily ban — them. Over 5,000 patients registered, with as many as 500 new applications being sent in every week.  Nationwide, support for legalizing marijuana approaches (or exceeds) 50%, with support strongest in the West, where most people want to legalize, tax, and regulate marijuana in a manner similar to alcohol.

It was tremendous decade of reform, to be sure.

The Road Ahead:

Much work remains.  The “wild west” character of the medical marijuana scene will likely provoke a backlash in the 2011 legislature. Patients & Families United and the new Medical Growers Association will need to be alert and ready to defend the interests of patients and caregivers against bad bills that unjustifiably restrict medical marijuana.

Montana NORML will push for both regulation and decriminalization bills in the 2011 legislature, and we’re hopeful that in 2010 we (or our allies) will locate legislators with the courage to introduce them.

If you’d like to support our efforts, please join our mailing list, be our Facebook fan, follow us on Twitter, and consider making a donation. The future looks bright for cannabis reform, but we need all the help we can get.

Aside from the music, the day features a marijuana legalization advocate toking up in the middle of Main Street, begging for attention from passerby and police. Two officers — one on a cell phone, one walking a puppy — stroll by without seeming to notice.

I hope they did notice, and decided to follow the voters’ recommendation to treat adult marijuana as their lowest possible priority.

Did anyone witness this? Did anyone witness any olice actions on marijuana that day? Let us know!