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Cannabis Crossroads

September 17th, 2012

Friends,

Marijuana in Montana is at yet another crossroads.

Last week, the Montana Supreme Court reversed a lower court’s decision which temporarily suspended some of the worst parts of the legislature’s godawful SB423. The Supremes instructed the lower court to revisit the arguments under a different standard of law.

What’s this mean? In the short term, it’s possible that SB423 in its entirety could become the law of the land as early as September 26th: Providers may have only 3 patients, and marijuana must be given away for free, etc. – DPHHS has weighed in with this letter (PDF) about how they’re handling things.  Additional legal proceedings could delay full implementation, which means that voters (that’s YOU) will likely decide SB 423′s fate on November 6th.

Under a heading of IR-124 (the petition that gathered over 35,000 signatures last summer), you’ll be asked to vote FOR/AGAINST SB423.

VOTE AGAINST SB423. (click to read more from Patients For Reform, Not Repeal)

*Code of the West Screenings*

For a remarkable, informative, beautifully-told documentary of how SB423 came to be, you must see *Code of the West*. Watch the trailer. Attend a screening (click for details) in Kalispell, Whitefish, Billings, Butte, Manhattan, Livingston, Red Lodge, Miles City, or Glendive. Spread the word. And bring a friend! Thank you, Montana ACLU, for making many of these screenings possible.

*My Personal Crossroads*

Since I started Montana NORML in 1998, the landscape of marijuana politics has changed significantly. And so have we all. After fourteen years of leading the organization (and, simultaneously, a high-tech business), the time is right for me to step back and help some new blood to take over. Since I announced back in May that Justin Michels was volunteering to take over leadership, he’s done a great job providing continuity and presence for the organization.

Today, I’m stepping aside and handing Justin the reins. I will still be involved in various transition and guidance roles through the end of the year, and I’ll always support marijuana law reform efforts.

Thank you to everyone who’s joined our mailing list, liked our Facebook page, and followed our Twitter feed. Thank you to everyone who has donated their time and money to the effort. And a special thank you to those of you who have suffered the indignities and stresses of being busted for activities that should not be crimes, and then risen up to fight back with your activism, your vote, your passion.

Montana NORML needs your help to continue this battle. If you’d like to get involved, as a board member, donor, volunteer, or you’d just like to pass along some words of support, please contact Justin and Heather, via email: justin at montananorml.org / heather at montananorml.org

I’ll wrap up as I have in countless newsletters over the years, with the latest headlines:

*Montana Marijuana News*

* Montana Supreme Court: No constitutional right to medical marijuana
* Voters to get say after court’s medical pot ruling
* Montana’s Restrictive Med Marijuana Law (SB423) Polls Under 50%
* 2012 Montana Cannabis Voting Guide
* Belgrade man admits to running medical marijuana operation
* State Supreme Court restores medical marijuana law
* Judge Christensen brings sanity to federal marijuana sentencing
* Miles City medical marijuana provider dies in federal custody
* MTCIA Working to Defeat SB423
* IR-124 Faces Uphill Battle

*Onwards, my friends, ever onwards.*

With gratitude,

~John

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Posted in Elections, Medical Marijuana, Montana, Newsletter

Fee Increase, Updates and Rule Changes at DPHHS

April 27th, 2012

Several changes appeared yesterday at the DPHHS marijuana website. A summary:

  • Patient registration fee increase from $25 to $75, effective June 1st, 2012
  • Patient renewal fee increase from $10 to $75, effective June 1st, 2012
  • Regardless of when a registration/renewal is postmarked, if DPHHS receives it on or after June 1st, 2012, the new fee applies
  • Incorrect fees will cause the application to be denied
  • Providers application fees are $50
  • Providers must re-apply annually
  • Fees are never refunded, even if the application is incomplete or denied, or the card is later revoked
  • All applications require a photocopy of a valid (not expired) Montana driver’s license or state issued ID, to prove Montana residency.  The photocopy must be legible.
  • Landlord permission forms must be notarized

Reasons for the changes are contained in this Administrative Rules document (PDF).

There are now 11,993 registered patients in Montana, a drop of more than 2,300 in the last month. The program has shed roughly 18,000 participants in the last year.

 

 

 

10 comments »

Posted in Medical Marijuana, Montana

A Cynical Shift in Prohibitionist Rhetoric

July 18th, 2011

In the beginning (of the 2011 legislative session), prohibitionist rhetoric concerning medical marijuana was alarming, even hysterical, completely over the top. A few examples:

Senator Essman, speaking in support of the repeal bill: “The greater good here is not losing a generation of young people, and that is why I am voting yes on this repeal bill.”

Representative Milburn, speaking in support of repeal: “This is rampant, it’s permeating through our society, it’s into our schools and families, it’s individual degradation, it’s causing huge problems…the tragic events taking place in Montana, changing society, changing culture.”

And of course, the instant classic from Representative Howard: “It’s poison, a kind of poison. It’s kind of like taking arsenic with Valium®, you’re going to feel good until it kills you…. it is affecting our schools and work, every facet of our life in Montana, and it is slowly but surely dragging us down. It is a drug induced society…. it’s a scourge.”

As a parenthetical aside, what exactly is a scourge?

scourge  (skûrj)
n.
1. A source of widespread dreadful affliction and devastation such as that caused by pestilence or war.
2. A means of inflicting severe suffering, vengeance, or punishment.

Recently, the rhetoric of our opposition has shifted away from the scourge, to focus on the state/federal conflict in marijuana law.

Senator Shockley claimed last week: “The Legislature realized the tough situation that federal law enforcement was put in by the current law, and the risk to Montana citizens who wished to benefit from medical marijuana, either as a grower or a medical user. The Legislature was attempting to limit production in a way that would not attract federal attention.”

Essman, too: “The Legislature was grappling with trying to conform the law to a series of letters from U.S. attorneys that indicated a commercial business model would still be prosecuted…So that’s why we voted for that approach.”

With a slippery sidestep, now they’re saying they were just trying to protect us from federal law enforcement. Their absurd hyperbole didn’t work, so they’ve shifted gears to try and get us to believe that they were trying to protect…. brace yourself… people who grow marijuana. Does anyone else find that hard to believe?
Most Montanans recognized the earlier prohibitionist statements as ridiculous lies.

Most Montanans acknowledge that marijuana has been around a long time, lots of people have tried it, some people like it, and some people derive real therapeutic benefits from it.

We don’t have to lie. We have truth, liberty, and justice on our side, so we can simply continue telling the truth.

5 comments »

Posted in Federal, Medical Marijuana, Montana, Prohibition

This Federal Bullshit Has Got To Stop

July 6th, 2011

Dear President Obama,

You have better things to do.

Here we go again. Montana marijuana farmers facing 40 years in federal prison. Here’s some more. And there are more, all over.

The famed “Holder memo“, expertly crafted to  raise hopes and then destroy lives, has now been clarified, to ensure everyone understands that the United States federal government will attack anyone who tries to run a responsible and ethical business that involves farming and selling cannabis. They say it’s a bad use of “resources” to go after patients dying of cancer and AIDS (who could disagree?), but anyone who grows and sells risks the full and violent force of the DEA, IRS, FBI, etc.

Meanwhile, 58% of voters in the West believe marijuana should be legal for grown-ups, Montanans consume 30,000 pounds a year, and are generally eager to be taxed for the privilege of “getting legal” and diverting their financial support of the criminal black market to legitimate local businesses.

If I was king for a day? First, I’d direct the feds (with their 104,000 cops in 80 agencies) to focus our tax dollars on some other categories of crime:

That’s a short list I came up with in 15 minutes. There are proper, useful, just roles for federal law enforcement. I want my tax dollars to fight these crimes.

Arresting and incarcerating cannabis farmers providing an agricultural commodity to responsible adults doesn’t make the list. So, stop, please.

Agree? The audience for our objections includes several elected officials. Please give them a (polite) piece of your mind, and ask them to stand up for Montanans who have participated responsibly in the Montana medical marijuana marketplace. Ask Denny Rehberg (our federal Representative, call (202) 225-3211 right now) to support  HR 2306, which would end federal marijuana prohibition.

Ask Baucus and Tester (call both right now), our Montana Senators, to pressure the Department of Justice and the Obama administration to leave Montana alone when it comes to marijuana. We’re Montanans, we’ll figure it out, please give us the freedom to do so without your federal guns blazing.

And tell the Obama administration: After your statements during the campaign, Montanans are deeply disappointed in your hypocrisy. Stop it.

The federal/state conflict question is an important one, and now that our neighbors continue to be rounded up and threatened with being carted off to federal prison, now’s the time for you to speak up. Please take action, now.

13 comments »

Posted in Federal, Medical Marijuana, Montana, Prohibition

Independence and Unity in Cannabis Politics

July 4th, 2011

“Moderation in temper is always a virtue; but moderation in principle is always a vice.”

- Thomas Paine

All our activism is undergirded by principles, a “constitution” of moral values that inspires us to action, and identifying those can help clarify strategy and tactics in the battle to end cannabis prohibition. For NORML, the end goal is legalization.

A recent essay by a cannabis publishing entrepreneur in Montana alleges the legalization movement will “sink” medical marijuana. (The essay then argues that the author’s advertising-supported trade magazine is superior to its competitors. It may be, and I don’t intend to critique that portion of the essay here.)

But right at the outset, the essay makes a specific attack on what the author refers to as the “Culture Club”. Perhaps this is an admonition to never admit that marijuana can be enjoyable, enhance experiences of art and philosophy and sex, and has a tangible influence on music and culture. Or perhaps it’s a specific criticism of a competitor’s publication which bills itself as a “cannabis lifestyle magazine”. Or maybe it’s intended to chastise anyone who uses advocacy rhetoric inconsistent with the tired (but true) “precious medicine for the sick and dying” theme.

Regardless, it’s a divisive approach, and more damaging than advocating for systems other than medical-use only (which, in my view, is a flawed policy).

Today is Independence Day, and while for some it means flag waving and parades and burgers and fireworks, I prefer to recognize the patriotism inherent in our work in cannabis politics. Consider these words, which should sound familiar to Americans:

…all men are created equal, that they are endowed… with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness…. Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it…

Cannabis prohibition is destructive to liberty and happiness, that’s for sure. And we’re all working hard to alter or abolish it.

Cannabis activists are by their very nature an eclectic, iconoclastic bunch of “outlaws”, with a passion for action and a healthy distrust of authority. We’re “independent-minded”, to be sure. So we’re going to come at this battle from different angles. We’ll all have an opinion about the perfect strategy.

What unites us is a fundamental principle:  that the government is lying about  this plant, and it’s wrong to put people in jail for it.

What flows from that principle is a policy proposal: end cannabis prohibition, and create a legal system for all responsible adults to have safe access if they want to.

In the West, the public will support such a proposal if it’s framed well.

As for me — I wrote a few months back about the reasons for medical marijuana patients to support policies expanding legal access to all responsible adults, and I sincerely hope that patients will take those words to heart. After all, legalization will be the best thing for patients.

I welcome your thoughtful critique.

 

4 comments »

Posted in Medical Marijuana, Montana, Prohibition, Tax & Regulate

Montana’s New Medical Cannabis Law — For Now

July 1st, 2011

Recently we posted a bullet-list summary of the implications of SB 423, if it were to become law. The MTCIA lawsuit succeeded in blocking some of the most onerous portions of the law yesterday. Here is what remains (new info in bold):

Patients

  • Your existing card is still valid until it expires (unless you are on probation, in which case your card may offer no protection. The judge suggested that courts decide whether probations should be eligible on a case-by-case basis); eligible patients will be able 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.
  • Your out of state recommendation offers no protection.

Caregivers

  • Anyone who wishes to grow marijuana for someone else will be subject to a fingerprint background check by the FBI (as of October 1st), 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 unlimited 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.

Next step? The referendum to block all of SB 423 until it can be voted on by the people in 2012.

17 comments »

Posted in Medical Marijuana, Montana

The Petition is Ready – Now Hold Your Horses

June 28th, 2011

Great news: Montana’s Attorney General and Secretary of State have approved the petition to block SB-423 and refer it to a vote of the people in 2012.

Signature gathering will not begin immediately. A few years back, the process of collecting signatures became a lot more complicated (28-page PDF).

For example:

  • Signature gatherers must be Montana residents
  • Signature gatherers may not be paid anything of value based on the number of signatures gathered
  • Each printed petition belongs to a specific gatherer — you cannot leave the clipboard lying around for people to sign
  • The gatherer must be present when the voter signs
  • The signer must be registered to vote at their current physical address
  • The gatherer must sign an affidavit swearing that each signer to each petition sheet provided a valid signature and understood the contents of the petition
  • Affidavits must be notarized by a licensed notary public
  • Signatures must be gathered by the county of residence of the signer

This is a just a portion of the rules; it’s complicated. There’s even a special complaint form for people to report violations, and any inappropriate behavior by signature gatherers. We can expect our opponents to be submitting  a few of these.  Expect lawsuits, too.

The good news is we have until September  to collect the signatures needed. If you would like to help you must register here.

There’s no doubt that we will collect a sufficient number of signatures; we have an army of people ready to sign and ready to help. But any misstep during the process could be fatal, and cause thousands of otherwise-valid signatures to be ruled invalid!

So, sign up for training, stay tuned, and cross your fingers for a favorable decision from the judge in the next 45 hours.

 

 

Otherwise

12 comments »

Posted in Medical Marijuana, Montana, Montana Legislature

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.

 

 

1 comment »

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.

 

 

12 comments »

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

6 comments »

Posted in Medical Marijuana, Montana, Montana Legislature