Archive for the ‘Medical Marijuana’ category

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Senator Art Wittich Participates in Marijuana Economy, and Supports Repeal

April 12th, 2011

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?

6 comments »

Posted in Medical Marijuana, Montana, Montana Legislature

Questions For The Local Law Enforcement Agencies That Helped With The Federal Raids

March 29th, 2011

In March 2011, the United States federal government launched raids on numerous medical marijuana providers throughout Montana. We liveblogged the events as they transpired.

Later, the U.S. Attorney released a statement about the raids, praising the 20+ state and local agencies that helped out.

When I saw that long list of participating agencies who aided federal authorities in the enforcement in federal law, I got curious about what exactly their roles were, what they knew, when they knew it, and whether they’d get a share of the seized and forfeited assets. Read more about asset forfeiture here.

Happily, because Montana has right to know guaranteed in our constitution, and we have strong open records laws in 44-5-301 and 2-6-102 (and the sections that follow them), it’s a simple matter to write and ask to see what they’ve got. They can deny me some information, like if the information would jeopardize an ongoing investigation, or violate a person’s privacy. But pretty much everything else is fair game, and they’re legally required to answer.

So today, I wrote letters to most of the participating agencies, and a few other state government entities who were probably “in the loop”, and asked the following questions:

  1. Please provide a narrative of how and when you became aware of the federal government’s investigations into medical marijuana in Montana. Please include specific dates and names of all federal agencies with whom your agency communicated about the investigations.
  2. Was your agency requested to help in the investigations in any way? If so, how, and by whom?
  3. Was your agency’s help requested in determining whether the activities under investigation were illegal under state law? If so, how, and by whom?
  4. Is there a written or understood policy that your agency follows with regards to determining whether a federal warrant is lawful under Montana law?
  5. Please describe your agency’s constitutional obligation to ensure that the federal warrants were lawful under state law and executed lawfully.
  6. Please provide a narrative of how and when you became aware of the federal government’s intentions to execute warrants and raid medical marijuana businesses in Montana.  Please include specific dates and names of all federal agencies with whom your agency communicated about the raids.
  7. Please provide copies of any and all contracts, agreements, memoranda, letters, and emails relevant to your agency’s involvement in these federal raids.
  8. How many total staff hours were required to coordinate and execute your agency’s assistance to federal authorities on these raids? Please provide best estimates if staff time was not tracked.
  9. How many of those hours were overtime?
  10. What is the average wage of individuals employed or contracted by your agency who helped to coordinate, assist, or participate in the federal raids?
  11. Please describe in detail and provide copies of supporting documentation (contracts, memoranda, emails, etc), if any, of assurances, expressed or implied, that you received related to your agency being a recipient of a portion of assets subject to forfeiture in the federal raids.
  12. What specific roles was your agency assigned or expected to perform in the investigation of these cases, and execution of these warrants?
  13. Did your agency receive federal raid-related information from, or provide such information to, the Montana All Threat Information Center? If so, what was the nature of the information transmitted?
  14. In State v. Nelson, the Montana Supreme Court noted that under certain circumstances, state entities may not use violations of federal law as a justification for establishing state penalties. Upon which law or rule did your agency rely in considering participation in these federal raids?
  15. Did your agency suspect violations of state law with regards to the targets of the federal raids? If so, why did your agency not act on its own, or in coordination with other state entities?

I’ve requested the information by April 16th, and will publish our findings in future posts.

15 comments »

Posted in Federal, Medical Marijuana, Montana, Prohibition

Will Montana’s Medical Cannabis Patients Support Legalization in 2012?

March 28th, 2011

A version of this article appeared in Kush magazine.

In Montana, there are around 100,000 adult cannabis consumers. Some of them suffer qualifying medical conditions and use cannabis as a natural treatment for their debilitating symptoms. Some use it for non-qualifying conditions, such as insomnia, depression, anxiety, cramps, PTSD.

And then there are people for whom cannabis is a non-medical life enhancer: to increase their enjoyment of food, sex, poetry and cinema, or inspire their art and writing, gardening and programming, or enrich their social interactions, or simply relax after a hard day’s work.

There’s no reason that these two groups need to clash, and in fact, they often overlap. The card-carrying Crohn’s disease patient who derives both symptomatic relief and enjoyment from sharing a fat joint of Super Silver Haze with his buddies before kicking back on the couch to watch Pineapple Express (for the third time) is in both camps.

While cannabis can be a “precious medicine for the sick and dying”, that’s not all it is, and we run a real risk of painting ourselves into a corner and setting up needless conflicts within the cannabis community by insisting that it’s only for one group and not the other.

Legalization would be better for patients than the expensive and bureaucratic system we have now: No “qualifying conditions”, no annual doctor certification requirements, higher product quality, lower prices.

So why would patients not support legalization if given the chance?

Selfish ambivalence, for one. After all, the thinking goes, once “I got mine”, who cares about the rest of you “undeserving” non-patients, right?

Not exactly an enlightened position. Don’t forget that there were an awful lot of non-patients who supported medical marijuana back in 2004. How about returning the favor?

Another objection to legalization you may hear from the only-medical camp concerns taxation. They demand an exemption from taxation, because they say their cannabis is medicine, and no other medicine is taxed.

It’s a nice thought, but there are many reasons cannabis should be taxed.

  • First, taxes are not inherently evil. Taxes ensure we have roads to drive on, that someone comes when we call 911, that we have a civil society in general. What’s taxed and to what degree is worth debating, but it’s absurd to start from a position that all taxes are automatically bad.
  • Second, plugging cannabis tax policy into the law books makes all us responsible adult cannabis consumers in Montana part of a legitimate civil/political structure. It brings us out of the shadows, into the light.
  • Third, while you and I may be passionate about pot policy, a whole lot of people don’t care much. Offering a new revenue source for critical public services can create new allies, and solve real funding problems. In fact, most cannabis consumers would agree that we’re the one consumer group likely to say “please, tax us!”

A final reason that some in the medical marijuana industry may oppose legalization: naked greed.

Medical marijuana is a partial market for cannabis consumers, and hence leaves a substantial portion of the black market intact. By preserving a black market for cannabis, prices (and profits, if your production is efficient) remain high for sellers.

There is no reason that this dried plant material needs to sell for $250 or more per ounce. The drastically more labor-intensive herb saffron sells for less. For perspective, a full football field of saffron flowers produces a mere one pound of the dried herb. A guy could could grow a pound of cured cannabis flowers in a spare bedroom or a corner of his back yard.

Whether the “I got mine” crowd, the naive anti-tax folks, or the greedy business types will be able to sink legalization in 2012 is yet to be seen. Of course the moralistic anti-freedom crusaders will make a vigorous showing as well, so we’ve really got our work cut out for us.

As the day approaches, cannabis consumers statewide should keep talking with one another about the details of legalization, acknowledging that compromise and some sort of tax or fee will probably be a necessary part of any proposal with a chance of passage. But how exactly should it work? What’s got the best chance of winning? Hopefully, we’ll all be able to see that liberating this plant, even via imperfect legislation, is just the right thing to do, and far preferable to the failed, expensive, and destructive policy of prohibition.

21 comments »

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

Cruelty, Hypocrisy, and Bigotry

March 26th, 2011

On March 25th, 2011, I testified as an opponent of SB 423, a Senate subcommittee’s attempt to “get medical marijuana under control”. A summary of the bill is here. Late in the day, the bill passed committee with a vote of 10-2 and is expected to hit the floor of the Montana Senate on Monday March 28th.

My testimony as prepared:

Mr. Chairman, members of the committee, my name is John Masterson, and I am the founder and director of the Montana chapter of the National Organization for the Reform of Marijuana Laws, or NORML. At NORML we believe that responsible adult use of marijuana should be of no concern to government.

I am here today to rise in opposition to SB 423.

First though, I would like to thank the Legislative Services Division for producing 50 pages of robust legislation based upon the bad ideas provided to them.

And, I have to say there is one thing about this bill that I like: it seeks to regulate, rather than prohibit, marijuana. Because we all know that prohibition does not work.

However, the rest of the bill is a trainwreck. I believe that in the future, historians will judge this bill, and this effort, as one conducted by dinosaurs, clinging to puritanical ideals that are far from mainstream and undergirded by nothing but ignorance, fear, and prejudice.

We find in this bill several broad themes. The first of which is cruelty.

This bill is cruel to pain patients, whose cards would be revoked this summer, regardless of their medical situation.

This bill is cruel to entrepreneurs, some of whom have put their life savings into their legitimate businesses. Yes, some of them came from underground, out of the darkness, into the light, to participate in the program. This bill puts them out of business.

This bill is cruel to the hundreds, perhaps thousands of employees who worked for those businesses. Many of them were unemployed prior to getting jobs for cannabis businesses as farmers, carpenters, electricians, accountants, and if this bill passes, they could be out of work again.

This bill is cruel to low income Montanans, some of whom will become sick and want to explore medical marijuana as therapy. Too bad, because they’ll first need to seek four doctor visits in six months, at $150 a pop. Many of them are already on fixed incomes, and this will be impossible.

The second theme we find in this bill is hypocrisy.

We find hypocrisy in that we can buy alcohol and cigarettes over the counter at any convenience store until 2AM, both more dangerous, addictive, and toxic than marijuana.

We find hypocrisy in that this legislature convened with goals of supporting free enterprise, small business, and jobs, and this bill destroys small businesses and eliminates jobs.

We find hypocrisy in that this body and this nation support free speech, and yet free speech is quashed in this bill, by prohibiting all marketing and advertising.

We find hypocrisy in that this bill removes references to “medical” marijuana, in favor of “therapeutic” marijuana, and yet subjects participants in the program to far more onerous restrictions than that which exist for much more dangerous and addictive drugs such as Oxycontin.

We find hypocrisy in the stated intention that this bill is designed to increase public safety and reduce crime. Well, this bill is a gift to the criminal black market. This bill would create crime.

Finally, we find hypocrisy in that this legislature convened to reduce the size of government and reduce expenses. This bill would do the opposite. Have we seen a fiscal note yet?

The third theme we find inherent in this bill is bigotry.

I understand that marijuana scares you. I get that. But criminalizing adults for being otherwise law-abiding marijuana consumers is just another type of intolerance, bigotry.

If you believe that marijuana is dangerous — and it’s not harmless — then all the more reason to regulate, not prohibit.

Because we know that prohibition doesn’t work.

The time is now upon us to legalize and regulate marijuana for all adults, regardless of medical condition.

Thank you.

13 comments »

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

Feds Re-commit to Marijuana Prohibition in Medical Cannabis States

March 18th, 2011

Back in October, 2009, the United States Department of Justice issued the famous “Ogden Memo“, which gave some assurance to patients and providers in  medical marijuana states that they would not be targeted by federal agents as long as they play by their state’s rules.

It reads, in part:

As a general matter, pursuit of these priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.

Earlier this week, Montana experienced a massive federal action involving twenty-six search warrants and at least ten dramatic, guns-drawn raids, coordinated with twenty-two state and local agencies. It is not yet clear whether all of the targeted businesses and individuals were in “clear and unambiguous compliance”  with Montana laws, but the scope of the raids have left an estimated two thousand legal cardholders without a legal supply.

A February 1st, 2011 Justice Department memo, the “Haag memo” (PDF) may help explain the federal stance: that all marijuana is illegal, and a “core priority” of the department is to disrupt and prosecute marijuana commerce. It reads, in part:

…while the Department does not focus its limited resources on seriously ill individuals who use marijuana as part of a treatment regimen in compliance with state law as stated in the October 2009 Ogden Memorandum, we will enforce the Controlled Substances Act vigorously against individuals and organizations that participate in manufacturing and distribution activity involving marijuana, even if such activities are permitted under state law. (emphasis added)

So, it sounds like seriously ill patients can use cannabis as medicine, but there will be no farms or stores that are exempt from federal attack, even if they’re working within a legal framework defined by the state. Leads me to wonder where these seriously ill folks are supposed to acquire their doctor recommended marijuana.

It gets a little worse though. The new memo also warns that it is illegal to “knowingly open, lease, rent, maintain, or use property” for a cannabis garden, and that “property owners, landlords, and financiers” could also be targeted, and their assets forfeited.

If you have feedback on these federal policies, call all these numbers and leave a message:

President Obama: 202-456-1111

Department of Justice: 202-353-1555

Congressman Rehberg: 1-888-232-2626

Senator Tester: (866) 554-4403

Senator Baucus: 800-332-6106

 

 

20 comments »

Posted in Federal, Medical Marijuana

Montana Medical Marijuana Federal Raid Protests

March 15th, 2011

The federal raid live blog continues here.

Statewide protests against the dramatic and callous raids on as many as a dozen medical marijuana providers, timed perfectly to “coincide” with a key Senate vote on repealing medical marijuana, commence tomorrow, Wednesday, March 16th, 2011.

In cities statewide, Americans for Safe Access and Montana NORML (among others) are calling for people to convene upon their local city halls at 5PM, in protest of these federal actions and in solidarity with the thousands of affected patients.

What:  Vigils at Local City Halls
When: Tomorrow, Wednesday March 16th, 2011 starting at 5PM
Where: Your Local City Hall
IMPORTANT: Bring signs that say:  “YOUR CITY wants Feds Out of MT” (for example , “Billings wants Feds out of Montana!”)

Some local events have Facebook pages:

If you plan to attend your local event, and to get information about joining a 2PM coordination conference call prior to the vigil,  please send an email with your city’s name in the subject line to: action@safeaccessnow.org

 

Also, in Missoula, an “Out of the Shadows, into the Streets!” march is planned for Saturday the 19th in Missoula. Convene at Caras Park at noon. Bring your signs from Wednesday! Here is the Facebook event page.

If you plan to attend an event please send an email with your cities name in the subject line to action@safeaccessnow.org

29 comments »

Posted in Events, Federal, Medical Marijuana, Montana, Prohibition

Federal Raids in Montana: What to do TODAY

March 15th, 2011

The federal raid live blog continues here.

A lot of people are angry and asking us what they can do.

For today (Tuesday March 15th, 2011), our advice is to take our complaints to our congressional delegation and newspapers.

The core message: You’re upset about the unconscionable federal intrusion that appears timed to meddle with Montana state politics and will harm countless patients.

Write a letter to the editor of your local paper. You can usually find an email address on their ‘Contact’ page; here are a few:
- http://missoulian.com/app/contact/
- http://billingsgazette.com/app/contact/?contact=letter
- http://www.greatfallstribune.com/section/customerservice03
- http://helenair.com/app/contact/
- http://www.bozemandailychronicle.com/submissions/?mode=letters
- http://www.dailyinterlake.com/contact_us/

Call the closest office of John Tester, Denny Rehberg, and Max Baucus who work for us in Washington DC:

http://rehberg.house.gov/index.cfm?sectionid=31&sectiontree=6,31

http://tester.senate.gov/Contact/offices.cfm

http://baucus.senate.gov/?p=contact

Call them before noon Tuesday if you can. Concentrating the calls in a single morning will have an impact.

The core message: You’re upset about the unconscionable federal intrusion that appears timed to meddle with Montana state politics and will harm countless patients.

If their representatives tell you anything interesting, please let us know what you’ve learned.

28 comments »

Posted in Federal, Medical Marijuana, Prohibition

Live Blog: DEA Raids of Medical Marijuana in Montana

March 14th, 2011

In this liveblogging post, Montana NORML is sharing rumors and reports as they come in, and confirming them as time allows.

As the rate of information flow was slowed considerably, we’ll stop updating this liveblog post as of Wednesday night, March 16th, 2011. For the latest Montana marijuana news, please follow us on Facebook, Twitter, or email.

6:00PM – Growing number of medical marijuana dispensaries, no regulation laws: http://www.kpax.com/news/growing-number-of-medical-marijuana-dispensaries-no-regulation-laws/

5:45PM – Rumor: 40 federal agents checked into the Hampton Inn in Missoula yesterday morning.

4:30PM – Statewide protests begin in 30 minutes.  http://blog.montananorml.org/2011/03/15/montana-medical-marijuana-federal-raid-protests/

11:18AM – CNN picks up the story: http://www.cnn.com/2011/CRIME/03/16/montana.marijuana.raids/

5:20AM – “thousands of marijuana plants, computers, cell phones, patient lists and other related items were whisked away by federal agents in an unprecedented statewide crackdown” http://www.greatfallstribune.com/article/20110316/NEWS01/103160304/1002/news01/State-s-U-S-attorney-defends-medical-marijuana-raids

5:11AM – Analysis: The Bureaucracies that marijuana feeds: http://www.newswithviews.com/Timothy/baldwin159.htm

5:00AM – “If the federal government is changing their stance, I think it would be fair to let everybody know and give people a chance to bow out.”  – http://www.bozemandailychronicle.com/news/article_df545e30-4f66-11e0-ade4-001cc4c03286.html

Wednesday, 4:54AM “It felt like a serious armed robbery to me.” – http://helenair.com/news/article_cf075fb2-4f95-11e0-8899-001cc4c03286.html

6:06PM – Some grisly details of the federal investigation, millions in cash allegedly deposited: http://billingsgazette.com/news/local/article_01f9d21f-b862-5ae5-bd48-7b17723d869d.html

5:57PM – National Cannabis Industry Association weighs in: http://coloradoindependent.com/79239/feds-raid-montana-medical-marijuana-operations

5:55PM – Medical cannabis shop re-opens one day after raid: http://www.kxlf.com/news/raided-marijuana-facility-back-open-with-limited-inventory/

5:31PM – Demand Progress launches an action alert on the Montana raids: http://act.demandprogress.org/act/medicalmarijuana/

5:20PM – An analysis of why the federal government decided to conduct the medical marijuana raids in Montana: http://forfeiturereform.com/2011/03/15/montana-raids-drug-war/

5:07PM – Federal agents have seized $4 million in Montanans’ assets: http://www.belgrade-news.com/news/article_56705f02-4f47-11e0-b342-001cc4c03286.html

4:20PM – Justice Department released their press statement: MJ Press Release FINAL

2:22PM – Statewide raid protests announced: http://blog.montananorml.org/2011/03/15/montana-medical-marijuana-federal-raid-protests/

12:16PM – Video: Former U.S. Attorney discusses Montana raids – http://www.ktvq.com/videoplayer/?video_id=5640

12:12PM – Bozeman newspaper reporter was asked to stop photographing federal agents at the scene of a raid yesterday: http://twitter.com/#!/bozchron/status/47391170241888257

11:53AM – NBC affiliate wants to hear from patients affected by the raids: http://twitter.com/#!/BeartoothNBC/status/47715155026526208

9:05AM – RUMOR: More federal warrants to be served today.

8:54AM – Owner of MCM predicted that federal officials seized between $50,000 and $100,000 worth of marijuana plants and equipment Monday. http://www.kbzk.com/news/marijuana-plants-equipment-being-hauled-away-from-belgrade-shop/

8:07AM – Belgrade raid: “They put my dispenser up against the wall and put her in handcuffs — scared the crap out of her.”:  http://www.belgrade-news.com/mobile/article_1cb7f4a0-4eb1-11e0-aa4e-001cc4c03286.html

7:25AM – Pics posted from Helena greenhouse raided and cleaned out by federal agents: http://www.facebook.com/album.php?aid=47846&id=100000629497405&fbid=196742730356709

2:49AM – Office of the United States Attorney General Public Comment Line – 202-353-1555

2:48AM – “Federal level police actions being timed to correspond with relevant state legislative votes. What’s the message behind that?” http://cannabisandculture.com/post/3872207477/montana-medical-marijuana-repeal-and-the-federal-raids

Tuesday, 2:12AM – “Then at a very critical moment, suddenly the big brother heel of federal government comes down on growers and providers. … It certainly feels like a calculated attempt to influence Montana decision-making.” – Tom Daubert http://missoulian.com/news/local/article_eae07e58-4e7d-11e0-aa23-001cc4c03286.html

11:59PM – ASA Director Steph Sherer weighs in on Montana’s federal raids. http://www.ktvq.com/news/billings-medical-marijuana-community-in-shock-over-statewide-raids/

10:52PM – What you can do about the federal raids in Montana: http://mailman.modwest.com/pipermail/mtnorml-list/2011-March/000220.html

10:04PM – NBC Montana publishes a search warrant for Bigsky Patient Care (large PDF): http://www.nbcmontana.com/download/2011/0315/27195983.pdf

9:48PM – Homeland Security took the lead in Flathead raids. http://www.dailyinterlake.com/news/local_montana/article_893eb730-4eb1-11e0-b931-001cc4c002e0.html

9:42PM – At least one raided caregiver had his home raided as well. Caregivers should assume/prepare for that.

8:29PM – Federal warrant sought “marijuana and hashish, drug paraphernalia, computers and other electronic storage devices, cell phones, firearms, transportation and customer records, transaction records, cash, jewelry and vehicle titles.” http://www.therepublic.com/view/story/a9ef98ed05cf44f9be84d4ec28d2da30/MT–Medical-Marijuana-Raids/

8:18PM – We’re told that Natural Medicine of Great Falls was also raided today.

6:06PM – Americans for Forfeiture Reform is covering the story and sharing valuable info on asset forfeiture: http://forfeiturereform.com/2011/03/14/breaking-dea-raids-in-montana/

5:58PM – We’re told that in some raids, federal agents took everything, including lights and ballasts and other equipment.

5:56PM – We’re told that DEA and FBI agents are still hanging around the Good Medicine dispensary in Columbia Falls, and have blocked anyone from pulling into the parking lot. Northern Lights, 4 Seasons, and CEG reportedly shut down.

5:51PM – The U.S. Attorney overseeing the raids is the Financial Litigation Unit Chief. http://www.mbcc.mt.gov/resources/directory/federal/dir-d-usattorneys.asp

5:47PM -  We hear that Outlaw Hill Health in Livingston was also a victim of the raids.

5:08PM – $456,000 worth of marijuana confiscated from one location.  http://www.cnbc.com/id/42078047

5:00PM – We received a phone call from criminal defense attorney Craig Shannon who offered this advice for everyone: You are not obligated to answer any questions. You are not obligated to let anyone in without a warrant. You are not obligated to consent to any search. Even innocent questions like “Are you a caregiver?” or “Are you a patient?” are parts of an investigatory strategy and can and will be used against you in court.  Once given, you cannot take back your answers. It might feel uncooperative to assert these rights, but it’s actually patriotic. Call your local lawyer to discuss.

4:37PM – We’ve been contacted by Americans for Forfeiture Reform. Victims of these raids should all contact them as well.

4:20PM – Across Montana, terror and rage evolves into disciplined and focused resolve.

3:47PM – Big Sky Patient Care and MCM in Bozeman raided, DEA news release to become available soon: http://www.kxlf.com/news/update-law-enforcement-converge-on-montana-medical-marijuana-businesses/

3:16PM – “They’re seizing everything – plants, marijuana, grow equipment, files and computers.” – http://missoulian.com/news/local/article_eae07e58-4e7d-11e0-aa23-001cc4c03286.html

3:08PM – If you have been raided or arrested, FAX a copy of the warrant to ASA at: 510-251-2036

2:46PM – GF Tribune reports 8 people in handcuffs at Montana Cannabis in Helena. http://www.greatfallstribune.com/article/20110314/NEWS01/110314019/Four-Montana-medical-marijuana-business-raided

2:40PM – Received a photo from the MT Cannabis raid in Missoula.

2:30PM – Received a report that Four Seasons Gardening and Northern Light Medical (Kalispell) have been raided by federal officials and served warrants for money laundering.

2:20PM – Received a report that Yellowstone Patient Care in Billings is being raided. And Montana Cannabis’ store in Missoula.

2:08PM – Good Medicine Providers in Columbia Falls raided. http://helenair.com/news/article_6f5888e6-4e75-11e0-b983-001cc4c002e0.html

1:57PM – ASA is collecting reports from anyone who has been raided: 510.251.1856 or toll-free 888.929.4367

1:49PM – Just got a call about a raid in the Bitterroot somewhere. Trying to get confirmation.

1:45PM – So far we are hearing rumors of the following being raided by DEA, ATF, and local law enforcement officials:

We will update this page as more info becomes available.

150 comments »

Posted in Federal, Medical Marijuana, Prohibition

Did Missoula Taxpayers Pay for Police Chief to Testify for Medical Marijuana Repeal?

March 13th, 2011

On Friday, March 11th,  Montana’s Senate Judiciary Committee met to hear testimony on HB 161, which would repeal medical marijuana in Montana.

One the proponents testifying in support of the repeal bill was Missoula Police Chief Mark Muir.

Law enforcement officials are generally anti-cannabis (despite many exceptions), and everyone is entitled to their opinion.  Mr. Muir had every right to be there and express his personal views.

However, he appeared in uniform, apparently as a representative of the City of Missoula. At the hearing, he stated:

“Think Gulf oil spill.  Think again when people say we can’t put the genie back in the bottle, that we can’t put a cap on this… I will be available for questions later.”

EDIT: Later, Chief Muir stated:

“Repeal is just one option. Certainly a very viable option given the speed at which this problem has escalated out of control. I will tell you that I don’t believe that putting this to a vote of the citizens in a few years is a good idea because it would let this problem continue to grow at too fast of a rate. It’s been growing almost exponentially. We can regulate this. It will be expensive, just as regulating alcohol, just as regulating prescription drugs, all have proven to be very expensive, and the society effects are huge. Let’s remember that there was a medicinal exemption to Prohibition and look where we are today, 91 years later.”

So, he didn’t explicitly recommend repeal, but  by lining up as a proponent, he certainly hinted his encouragement and support for it.

Initiative 148, which created Montana’s medical marijuana program and was approved by 62% of voters. But in Missoula, support was much stronger. Here’s a map of Missoula legislative districts, with voter support for I-148 in red. Click it to see a larger version.

Which leads me to ask, as an employee of the City of Missoula, was Chief Muir acting in his capacity as a representative of the city?

Was his presence, and his message, endorsed by City Council?

Were his travel expenses paid by Missoula taxpayers?

Did he take a vacation day, or was he on the clock?

Food for thought.

Chief Muir knows the law and is a smart and capable guy — I’ve met him.  It’s my assumption that he was expressing his personal views, on his own dime.  But he should have made that clear in the hearing.

 

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Posted in Medical Marijuana, Missoula, Montana Legislature, Uncategorized

Reflections on Today’s Repeal Hearing

March 11th, 2011

Today, March 11, 2011, the Montana Senate Judiciary Committee considered HB 161, to repeal medical marijuana in Montana. The committee heard testimony from both sides for several hours, and took no action on the bill. That probably means they’ll vote on it next week.

Here are some random thoughts about my experience in Helena today:

There was a tremendous crowd of medical cannabis supporters there. Hundreds. Because the hearing room was not nearly big enough, the government set up an extra large room for people to watch the hearing live on a big screen, and there were several other big TVs on carts for people to watch in the hallway. They were all needed, as the crowd was overflowing. Kudos to everyone who came, and the especially growers who paid for buses to transport patients to the hearing from across the state!

Most people dressed up for the occasion, though not all. Tshirts, camouflage, lots of “bling”, sideways ball caps, and so forth, are probably not helpful when addressing a legislative committee. Presentation matters.  At least take your hat off when addressing a legislative committee, folks.

When I first arrived, during the pro-repeal testimony, there was a group of maybe thirty anti-repeal folks gathered around one of the televisions in the hallway. As the pro-repeal testimony was broadcast from the room thirty feet away, the group was booing loudly and ridiculing the citizen testifying. I learned later that this was easy to hear from the committee room.

I talked to a young man outside the building later in the day and expressed my concerns about the hooligan-like behavior of our people inside. He was surprised — he thought that an exuberant display would be helpful, like at protests and rallies.

Here’s my thinking on the topic: Legislative hearings are not rallies or protests. If we seem like hooligans, impolite and unprofessional and unruly, we run the risk of inspiring more support for repeal among legislators who are put off by our behavior.  In other words, we’re doing the opposite of what we intend.  On the other hand, if we look and speak like them, reasonable, rational, rule-following citizens, more possibility for dialogue and productive debate exists. We won’t change all their minds, but at least we can discuss the topic with people on the fence.

People I trust told me that the pro-repeal crowd was there in greater numbers, and better organized, than previous hearings.

The pro-repeal testimony that I saw was, generally, fact-free hysteria.

Nobody wants their community destroyed by drugs, and substance abuse is a serious social health problem — even marijuana, for some people. Where the repeal crowd’s  argument loses me completely is in their assumption that a return to complete prohibition will make anything better. That makes no sense to me.

There was some tear-jerking testimony from our crowd — people with serious, awful, debilitating conditions, for whom marijuana represents nothing less than a miracle.  Just a few of those stories should be enough to stop repeal, but we’ll see.

Unfortunately, there was also a few bits of rambling testimony about the problems of booze and pills, and the massive profits that legal marijuana would bring to entrepreneurs. And there was one presenter who focused entirely on international treaties and federal law. I’m interested, but I’m not sure it was well received at this meeting. If you gave that testimony, contact me, because I want to understand the topic better.

Federal patient Irv Rosenfeld testified during the informational witness portion of the hearing and, despite efforts to silence him due to procedural rules, was given the floor for a few minutes by Senator Anders Blewett (D – Great Falls), who deserves your thanks.

Outside in the hallway, there were legislative assistants with clipboards asking everyone to sign in if they wished their position on the bill to be recorded. This was required if you testified, and encouraged if you did not. I signed in as an opponent (to repeal), and the young woman told me that a lot of people were confused by the form. I can see why: “repeal” and “opponent” seem aligned, as both are against something.

She even showed me on her clipboard where a several people representing “Green-something Caregivers” had signed in as proponents, assuming (incorrectly) they were supporting medical marijuana by registering as proponents. Tip: always read the top of the page, which explains that you’re registering as a proponent or opponent for a certain bill — in this case, HB 161, to repeal medical marijuana.

All in all, the testimony of many patients, and the size of our crowd, were encouraging. People I trust who are close to the legislative process, however, tell me the situation is grim. Even if repeal is defeated, getting a workable, compassionate regulation bill through both the Senate and House will be a challenge, and there is no guarantee that patients will be adequately protected nor any cannabusinesses allowed to exist.

If you live in Montana and are reading this in mid-March 2011, you should contact your legislator personally and express your views.

Find your legislators here: http://nris.mt.gov/gis/legislat/2011/

Handwritten letters have the greatest impact, though other options are listed here: http://blog.montananorml.org/2011/01/18/how-to-contact-montana-legislators/

-JM

 

 

 

 

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Posted in Medical Marijuana, Montana Legislature