We’ve gotten a few questions and want to get this info out asap:
The best info we can find is here: http://montanafesto.wordpress.com/cannabis-voting-guide/ and here: http://montanadrugpolicy.org
If you don’t vote, you have no voice. Go here to make sure you can vote: http://sos.mt.gov/Elections/
Some people say that working to change state marijuana laws is pointless, because federal law trumps state law, and the feds will send armed agents to disrupt whatever states may attempt.
While it’s important to be conscious of federal powers, changing state policies is nevertheless an important step in the process.
Here is how things change:
One person, just like you, gets fed up. They volunteer, or write a check to a local organization working to end marijuana prohibition.
Meanwhile, federal law remains the same, and federal representatives turn a blind eye, replying to constituent pleas with terse form letters.
Eventually, enough people join the cause with their time and dollars, and the local organization becomes more effective, and works to educate voters about the merits of the cause.
Meanwhile, federal law remains the same, and federal representatives turn a blind eye.
The organization (or network of affiliated organizations) grows, and state-level policies change for the better, whether by initiative or statute. There is some ebb and flow, some big tragedies and small victories.
Meanwhile, federal law remains the same, and federal representatives turn a blind eye.
But public opinion has shifted now, and some mainstream state leaders feel comfortable speaking out.
And, 55% of voters in Western states now believe marijuana should be legal.
But federal law remains the same, and with a few exceptions, federal representatives turn a blind eye.
And then, in line with evolving popular opinion, advocates are successful in toppling prohibition at the state level. Maybe it’s Colorado, or Oregon, or Washington, or even Montana. Or all of the above.
At that point, federal representatives can’t ignore it anymore. Even better, they will have political cover now. Eventually, some will support the new policy in their home state and introduce or support similar legislation at the federal level.
And finally, federal prohibition is, will be, repealed.
It’s a long process, it’s a painful process, it’s an expensive process, but for our movement, it’s the only way to get there.
You can help move it forward by making a donation or volunteering to collect signatures for Montana First, the campaign to end marijuana prohibition in Montana. Do it today.
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:
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
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.
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
Yesterday, Governor Schweitzer said he’d allow SB 423 to become law without his signature. He may still veto any time in the next ten days, and we should continue encouraging him to do so, but in case he does allow it to become law, here’s what we have to look forward to:
Finally, there will be a “hotline” for people to report suspected abuses of the medical marijuana law by anyone, and local governments may ban providers and infused products manufacturers from operating within their boundaries.
If the governor doesn’t veto SB 423, that’s what we have to look forward to.
Contact the governor before May 10th and urge him to veto SB 423:
As always, if you want to be listened to and be effective, be professional in your correspondence.
Various teams of activists are also speaking with lawyers about the possibility of suing to stop the law from going into effect, and there will likely be a signature-gathering effort in a few weeks to try to stop this bill from becoming law. If you want to help, please contact us, and let us know where you live.
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 MONTANANSDuring 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?
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.
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.
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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