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Montana NORML Newsletter

March 11th, 2010

Montana NORML News

Good evening,

There’s lots going on around the state with marijuana policy. The medical marijuana program continues to be seen as out-of-control, and cities (and, we’re told, interim legislative committees) are working on proposals to regulate or ban marijuana businesses.

Our sense is that ganjapreneurs should embrace some regulation. Hell, last year in Oakland, the growers got together and said, “please, tax us!“  –  Brilliant.

Reasonable regulation (not permanent bans (I’m looking at you, Kalispell)) should be embraced, because:

  • The legislative battles in 2011 will probably not go well if we continue to have a ‘green rush‘ scene through 2010. You can expect Montana’s medical marijuana law to change next year, it’s just a matter of degree.
  • Today’s “caregivers” are the founding mothers and fathers of the legal marijuana industry in Montana. Be upstanding members of your community, and avoid reinforcing the stereotype of “outlaw slacker”. Join the chamber of commerce.  Reject the black market mentality. The future of legal marijuana depends in a large part on you.

And now, the news:

Montana NORML Blog

What Would Happen if we Made Marijuana Legal?
A common objection to the prospect of making marijuana legal is that use would immediately skyrocket and we’d become a nation of pot-addled zombies. After all, the thinking goes, once it’s legal, all the people who have refrained from breaking the law will rush out to the new marijuana stores and get hooked. (click to read more…)

Why I Don’t Support Decriminalization of Marijuana
My three main problems with decrim are:   1. Decrim leaves the criminal black market intact.   2. There’s little reason for people who do not use marijuana to support decrim.   3. Decrim supports the lie that there’s something wrong about marijuana use. (click to read more…)

Montana Marijuana News

National Marijuana News

Whew. If you’re still reading, thank you.  I’ll close with another “high-ku” entry from our $100 contest.

Such sacred plant is
Such ignorant sin to waste
On so cold an end.

Onwards.

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Posted in Montana

Montana NORML Newsletter

March 4th, 2010

Montana NORML News

Dear world,

I’m feeling a little like a broken record, but most of the news this week has been about new moratoriums on marijuana businesses in various Montana cities.

It’s clear that our city leaders across the great state of Montana are fine with “medical marijuana” in general, but also understand it’s not really 100% medical.

Here’s what I mean. If they thought medical marijuana is like colonoscopies, or even dentistry, or massage, they wouldn’t be proposing “1000 yards from churches and schools”. They subconsciously understand it’s more like a bar than a hospital. And they’re okay with that!

What’s that mean?

The pump is primed, my friends, for the legalization of marijuana.

Anyway, here’s the news.

Montana Marijuana News

News From Elsewhere

That’s all I have for tonight. I have about five blog posts queued up in my brain, so please consider subscribing to our RSS Feedor just visiting the site, where you’ll find evidence that we’re giving away $100 for your marijuana poetry.

It grows in the dirt
and so do my tomatoes
it’s a plant dammit!

Thanks for your support and interest.

If you would like to be added to the mailing list so you can receive the newsletters, we have a form for you.

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Posted in Montana

Montana NORML Newsletter

February 26th, 2010

Montana NORML News

Hi all, Just a quick note tonight, as I’ve just spent the last 18 hours driving to and attending today’s MCN cannabis convention in Kalispell. I got a chance to meet lots of great future activists and a couple generous growers – thank you. MCN is headed to Great Falls, Lewistown, Billings, Bozeman, and Missoula over the next few days. Details here: http://montanacaregivers.net/

Montana Marijuana News

My presence in Kalispell was timely today; there was a front page story pondering when the city’s marijuana shops may have to locate. Near hospitals? Near porno shops? Heavy industrial? We shall see. More temporary marijuana business bans in the last week, from Laurel (where the cops want more access to the patient list),Bozeman, and a condo association in Big Sky. The fact that so many cities are jumping on the 90-day bandwagon around the same time will make for some interesting results in late spring, when presumably all the new rules will be unveiled and Montana ganjapreneuers and nonprofit caregivers will begin navigating fresh bureaucracies. After some coverage in the Indy’s newsletter, our $100 “High-ku” contest is starting to take off. Deadline is 3-20, so put your creative thinking caps on and give us some more 5-7-5 syllable concoctions about why marijuana should be legal. We rolled over 1000 Facebook Fans this week! Congrats to Cory for being #1000, we are sending you some goodies in the mail. We’re preparing a special gift for all 1000 in the next few days. Check out our Facebook Page to partake. We are still searching for:

That’s all for now; I thank you for your interest.

If you aren’t on the mailing list yet, you should be.

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Posted in Montana

Montana NORML Newsletter

February 23rd, 2010 
If you haven't already, please visit our Facebook Page and become a fan! We're about to hit 1000!

Friends,

A few newsletters back we held a contest for packets of NORML goodies, and tonight I can announce something even better. Thanks to a generous targeted donation, a cash prize! Details in the Montana NORML Blog:

  • $100 Haiku Contest! Win $100 by submitting the haiku which best illustrates why marijuana should be legal for responsible adults. You can use imagery, metaphor, experiences, or just straightforward statements. [Click through for details.]

A lame example (in 5, 7, 5 syllable lines) to get you thinking:

Remarkable plant,
Good for thinking and writing,
And all kinds of art.

Hash: Also in the blog from this week, an analysis of the legality of hash under the Montana Medical Marijuana Act. I’ve heard some say that possession of up to an ounce is legal for patients, and yet I’ve also heard that Missoula law enforcement has advised some patients and caregivers that any quantity of hash is illegal. So which is it?  It’s complicated.

Montana Marijuana Business Bans

Whitefish, Kalispell, Great Falls, Lewistown, Laurel, and Roundup have implemented some sort of temporary ban on marijuana businesses.  Whitefish has specific language ready, while the others are still “studying” the matter. Expect lots of debate about whether a marijuana store is more like a massage therapist, or a pharmacy, or a bar, or a casino, or a bar, or a porno shop, or a garden. (Funny, I guess there may be an element of all of the above.)

I think this is an “OK” part of the process. The temporary bans are reactionary and unnecessary, but think about it — cities are calling “time out” so they can further legitimize cannabusinesses!

Subchapters

We are still interested in helping groups form around the state as subchapters of Montana NORML. If you are interested in getting something going, please email us: subchapters@montananorml.org !

…and now, the news:

Regional Marijuana News

The DEA is on a bit of a rampage.  A big bust in Colorado, and a bunch more in LA. Interestingly, the LA article cites the dispensaries’ violation of state law about proper labeling as part of the reason for the bust. (You can “just say no” to the DEA here).

Maybe Montana caregivers should take heed. Stay out of the nightly news if you can, and don’t call your product “organic” unless it’s certified, and be sure to certify your scales too, and label the weight of packages.

A doctor wants to hear from Montana medical marijuana patients. If you’re a cardholder, fill out his survey, it takes 10 minutes.

A room full of nurses learned about medical marijuana at Montana Tech. Are you a health care professional who could help put on an event like this in your neck of the woods? Let us know.

Can’t resist this headline: How Rich People Smoke Pot

We’re still looking for business and craftsfolk donations to a raffle later this year. Thanks to everyone who responded to our last request! We want to have more than a dozen items, and good stuff too. Let me know if you can help.

That’s all for tonight.

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

Hashish May Not Be Medical Marijuana in Montana

February 18th, 2010

It is common to hear patients, caregivers, and public officials decry the “gray areas” in Montana’s medical marijuana law. Hashish is one of those, and I recently spoke with a criminal defense attorney who has concluded that any amount of hashish may be prosecuted as a criminal offense, even if you have a state-issued medical marijuana card.

First though, a word about so-called gray areas. Here’s another way to think about it:

There is one way to interpret any aspect of the law on which everyone will agree — patients, growers, lawyers, and every cop and judge in Montana.  This is the most strict, narrow interpretation of the law, and one you can rely on. For example, the fact that a registered patient may possess up to one ounce of marijuana buds. Nobody doubts that the law currently protects this conduct.

Then there are the parts of the law where various people differ on appropriate interpretation. Caregivers may insist that one reading is reasonable and correct, while patient advocates may describe the same interpretation as “risky”. Even two lawyers may disagree.

When the meaning of the law is not crystal clear to absolutely everyone (with no debate), then what we are likely to see is cases with identical facts treated differently in different jurisdictions. And no matter how confident you may be of our interpretation of the law, if a cop, prosecutor, and judge in Broadwater County feel differently, you could go to jail. For years.

Hashish is one of the topics on which there is not universal agreement. Let’s review the law.

The Montana Medical Marijuana Act states:

“Usable marijuana” means the dried leaves and flowers of marijuana and any mixture or preparation of marijuana.

“Any preparation”  seems like it should include hashish, and the helpful DPHHS FAQ agrees.

A qualifying patient and a qualifying patient’s caregiver may each possess up to six marijuana plants and up to one ounce of usable marijuana. “Usable marijuana” means the dried leaves and flowers of marijuana and any mixture or preparation of marijuana. This would include hashish, tinctures or food products. (emphasis added)

However, Montana criminal code states:

A person convicted of criminal possession of marijuana or its derivatives in an amount the aggregate weight of which does not exceed 60 grams of marijuana or 1 gram of hashish is, for the first offense, guilty of a misdemeanor… (emphasis added)

And elsewhere:

“Hashish”, as distinguished from marijuana, means the mechanically processed or extracted plant material that contains tetrahydrocannabinol (THC) and is composed of resin from the cannabis plant. (emphasis added)

So the criminal code specifically distinguishes between marijuana and hashish, allowing up to 60 grams of buds, but only one gram of hash. More than either threshold constitutes a felony punishable by up to 20 years in prison.

The next piece of the puzzle is a principle of law which basically states:

If two laws seem to conflict, but one makes a specific statement and the other is more general, then the law with greater specificity takes precedence.

So, the medical marijuana law implies that hashish (as “any preparation”) is the same as marijuana, but the criminal code specifically distinguishes between the two.

Therefore, one way to interpret Montana law is that medical marijuana cardholders possessing any amount of hash are committing a criminal offense.

I’m not a lawyer, and there may never be a prosecution of this nature. But we hear that some growers are selling up to an ounce of hash to their patients, so it’s best everyone be aware of the risks of doing so.

Remember, no matter how certain someone  may be of a particular interpretation of the law, it may take some jail time and thousands of dollars in legal fees to successfully argue the case. Be careful out there.

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Posted in Medical Marijuana, Montana

Whitefish Medical Marijuana Ordinance Draft

February 12th, 2010

Update Mar 11 2010: We now have a newer draft: Draft Ordinance 2-19

A caregiver forwarded us a draft of the Whitefish Planning Board’s proposed medical marijuana business ordinance today.

Some quick highlights:

  • Applies only to caregivers with more than 20 patients (a differentiation between “caregivers” and “dispensaries”)
  • Creates a 200′ buffer zone from schools, libraries, parks, daycares, and churches
  • Requires dispensing, cultivation, and storage activities to take place out of public view (indoor-only gardens)
  • No outdoor consumption
  • Security plans required, including video cameras
  • Records-keeping requirements
  • Patients under 18 allowed only with legal guardian
  • No retail sales of paraphernalia – except to patients
  • Businesses may only locate in certain zones, including the areas designated for casinos and business services
  • Advertising/signage restrictions

Here’s the PDF:

Whitefish Medical Marijuana memo 2-11

Note that this is a draft. It is not set in stone, and so if you have feedback, show up at the Whitefish Planning Board Meeting next Thursday at 6PM, or contact its author, the Director of Planing for the city: David Taylor, (406)863-2416

These requirements don’t seem overly onerous, and are generally what I expect  once we can replace “patient” with “person” in a regulated market for all adults. I’m sure the big commercial caregivers are poring over every detail with their attorneys, but this generally seems like a fair start to the negotiations.

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Posted in Medical Marijuana, Whitefish

Montana NORML Newsletter

February 11th, 2010

In an effort to keep everyone updated on the goings on with Montana NORML, you will now be able to come to the Montana NORML Blog to view and share the latest news from Montana NORML.

To assist with this, you can easily keep up to date by subscribing to the Montana NORML Blog RSS feed or by subscribing to the Montana NORML mailing list.

Montana NORML News

G’day all,

Three main points, and then the news:

We Need Your Help

Montana NORML has been coasting the last few years, generating a couple hundred bucks at the annual Missoula Hempfest to pay for copying costs and a phone line, and other misc. office expenses for the rest of the year. However, this moment in history demands more vigorous action.

The cultural pendulum is swinging our direction fast — the general public is nearly ready to embrace some flavor of full cannabis legalization. This won’t happen, though, without dedicated action by people like you and me. Someone has to do something for these changes to come about.

Additionally, the ‘wild west’ Montana medical marijuana scene will surely generate an array of bad bills in the legislature next year. Want to preserve the medical marijuana system in Montana as is?

Now is the time to get involved. Because the opposition can and will restrict or destroy the current law in 2011 if it is not adequately defended, again, by people like you and me.

So, both positive motion and defense against bad bills require your support. Here’s what you can do:

  • Donate money to Montana NORML. It’s easy. Visit montananorml.org and click the yellow donate button on the right. $5 helps. $10 will get you some goodies from Montana NORML.
  • Caregivers – host a Montana NORML donation jar for patients to drop a few bucks in here and there. If you can do this, please reply to this email.
  • Businesses (caregivers and anything else) – advertise with Montana NORML. Opportunities exist in this newsletter, and the website, and our blog. Reply to this email for details.
  • Donate a raffle item: goods or services, let us know if you can throw something in to be raffled off later this year. Just click reply and let us know.
  • Volunteer: Interested in distributing handbills, putting up posters, playing in a band, working the door, rallying the troops? Let me know.
  • Write a letter to the editor. Talk to your neighbors. Talk to your friends. Ask your boss how she feels about a legal regulated market for marijuana for adults. Report back your results. Get people thinking, talking. Come out of the closet. :)

Subchapters

A great way to get involved this year will be to form your own chapter of NORML in your neck of the woods.  We are still ironing out details, but if you can form a group of at least three people in your town who are interested in working for marijuana reform, get in touch and we’ll figure it out.  New subchapters will get a packet of NORML goodies, of course!

Medical Marijuana Week

Americans for Safe Access, one of the most prominent medical marijuana organizations nationwide, recently announced Medical Marijuana Week 2010. Here’s something simple you can do:

Write a letter to the editor of your local paper. You may think this has little impact, but the important thing to remember is that not only does your message get out to the community, but also the newspaper editors (whose job it is to keep the pulse of the community), and most importantly. lawmakers who figure that for every letter to the editor they read, there are hundreds of other citizens who feel the same way but didn’t take the time to write.

Do this. Most newspapers offer an email address or form, and here are some of the big ones:

Send us a copy so we know you’re listening. :)

And now, the news.

Regional Marijuana News

That’s all for tonight.

Let us know how you can help.

If you would like to subscribe to the Montana NORML Newsletter, we have a form for you.

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Posted in Montana

Five Patient Per Caregiver Limit Proposed

January 17th, 2010

As we’ve been saying for months, the Missoulian reports today that legislators will consider adding new limits to the number of patients a caregiver may serve in Montana’s medical marijuana program. Currently, there is no limit, and a handful of caregivers are authorized to provide marijuana to hundreds of patients.

Missoula’s County Attorney Fred Van Valkenburg proposes a five patient limit:

“If somebody is an actual caregiver, they really ought to have a relatively limited number of people they are providing marijuana for, in the ballpark of five patients. These people think the law allows them an unlimited number, and they just become a retail operation.”

They “just” become a retail operation, as if that’s something to disdain? It seems to me that with large employers closing left and right, we’d embrace these new retail operations. I was encouraged to hear recently that the Missoula Chamber of Commerce has admitted one of these retail operations, and hope that the business community would come to the defense of the burgeoning marijuana industry.

Frankly, I think a five patient limit would be fine. As long as you then separately license large commercial producers, like we do with breweries.

Speaking of beer, I love this quote in the article from Republican legislator Tom Berry (Roundup):

“After observing the situation with the caretakers these past several months, I will look at imposing more regulations on how they produce and distribute the medical marijuana…. The way it stands, it appears we have more restrictions for beer and wine licenses than we have for opening a marijuana dispensary.”

Hey, there’s an idea… maybe we should tax and regulate marijuana in a manner more similar to alcohol. :)

In any event, this story confirms our suspicions that the 2011 legislature will see attempts to clarify and restrict Montana’s medical marijuana law. Many of the men and women who will be responsible for voting on the changes to be proposed are asking for your vote this summer and fall. Make sure to ask them about their position on marijuana policies. And, consider running for office!

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Posted in Medical Marijuana, Montana, Tax & Regulate

Missoula Police Inspecting Caregiver Gardens

January 14th, 2010

We’ve recently heard from a caregiver who was purchasing their business license in Missoula that during the administrative process, they were informed that they’d be getting a call from the police to arrange an inspection of the garden.

I called the city business licensing department to inquire whether this was true, and if so, what ordinance or statute authorized such inspections.

The young woman with whom I spoke partially confirmed the story, saying that the police department “would like to have that information” (garden locations), for “safety reasons.” I paused, daring her to elaborate.

“Like, in case of theft, and to make sure there’s nobody hanging around who shouldn’t be,” she said.

She then referred me to the Missoula Police Department. She explained that all caregiver business licenses are run past the police department so that they can check with DPHHS and make sure the applicant is actually a registered caregiver.

A couple of days ago, I called and left a message for Lt. Steve Brester, who handles the background checks. In the message, I asked whether the police were requesting or requiring garden locations. He has not returned my call so far.

I’m of two minds on this topic. On the one hand, there’s no statute I’m aware of that singles out medical marijuana garden businesses for additional inspection, and so the police really have no legal right to inspect without a search warrant.

On the other hand, the medical marijuana community should be trying to stay on as friendly terms as possible with law enforcement, as a good faith, good neighbor, good community member measure.

The 2011 legislature will almost surely see attempts to expand and restrict (or worse, repeal) Montana’s medical marijuana law. Ideally, 2010 will be spent building bridges, not stockpiling ammo (metaphorically speaking).

Legal marijuana gardeners, what do you think?  Cooperate, or demand a search warrant?

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Posted in Medical Marijuana, Missoula

A Decade of Reform

December 31st, 2009

As the first decade of the 21st century draws to a close, a quick reminder of the remarkable cannabis-related reforms in Montana:

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.

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Posted in Initiative #2, Medical Marijuana, Montana, Tax & Regulate