Archive for the ‘Montana’ category

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

Charting the Final Days of Prohibition

August 9th, 2012

Although CI-110 failed to make it on this year’s ballot, the constitutional initiative did manage to raise the awareness of Montanans concerning the vital issue of ending cannabis prohibition.  During my own time out on the streets talking with people about changing the law, I was able to inform the views of hundreds of people who initially were not supportive of the measure yet changed their minds after simply hearing a bit of the truth our mainstream media likes to avoid.  Of course, not everybody was supportive; but there were far more people who were very supportive than there were people even mildly against the “controversial” measure.

For most people, Marc Emery pointed out in a recent interview, the drug war is over on an intellectual level.  A point likely not lost on Michele Leonhart, whose job as head of the DEA is to justify their continuing war against cannabis.  Or the hundreds of thousands of YouTube viewers who’ve seen her reaction to recent questioning from Representatives Polis (CO) and Cohen (TN) on the relative dangers of cannabis versus other controlled substances.  Needless to say, it was quality entertainment; and probably more than a bit disturbing to the few prohibitionists left among us.

Beyond the continuing legal challenges here and in other states, Mexico and the rest of the world have reached a consensus embraced by the United Nations, International Red Cross and countless other highly-respected organizations:  the drug war is terribly counter-productive.  Some may still not agree that “legalization” is the answer; but at least they can agree the bigger problem we face is a prohibition which empowers terrorists and undermines the rule of law everywhere, while destroying countless lives in the process.

Getting back to our local situation:  as many of you are well aware, Montana NORML’s Founder and Executive Director John Masterson is moving on.  Before us now is the momentous task of filling his shoes, which is going to entail reforming our board of directors.  Anyone interested in helping to guide and run this  organization is encouraged to leave a comment and/or contact me directly via justin@montananorml.org.

If there is sufficient interest here in Missoula and other cities around the state, I also think it would be very beneficial to have monthly meetings in order to coordinate events that will keep the fight in newspapers and on people’s minds like it belongs.  There is no shortage of concerts or other venues around the state featuring artists sympathetic to our cause.  We need volunteers for these events and to start organizing some of our own.  Any other ideas are more than welcome.

Montana First, the group that championed CI-110, will now be spearheading the campaign to educate the public on IR-124 and pending legislation for next year — which is briefly discussed in a recent article posted at tokeofthetown.com:  MT Repubs Join Dems in Calling for New Medical Marijuana Law.  It seems that one of the few issues both democrats and republicans can agree on is that our cannabis laws are desperately in need of  reform (again.)  So, no matter what happens on the ballot in November; we are likely going to have another legislative fiasco on our hands next year.  Better preparation will yield better results…

Coming soon, I will have the opportunity to interview attorney and head of the Montana Cannabis Industry Association, Chris Lindsey regarding his pending trial and the future of cannabis in Montana.  Lindsey is facing 90 years in prison as punishment for the time he spent advising Montana Cannabis on how to follow local and state laws.  A jury trial is scheduled for later this year.  If you have any questions, feel free to ask.  Just don’t count on an answer;  for legal reasons, of course.

Finally, I have a question for everybody reading this — which I’d also encourage you to ask everyone you know about, as well (and get back to me with the answers):  how much do you know about jury nullification, the right of jurors to disregard the written law on moral or other grounds?  If you are interested in learning more about jury nullification and other jurors’ rights, please visit the Fully Informed Jury Association www.fija.org.(actually based in Helena!)

- Justin Michels, Montana NORML Deputy Director

How to Stop Marijuana Arrests in Montana

May 30th, 2012

With just a few weeks left to go in the CI-110 signature gathering effort, now is the time to act. Now is the time for you (yes, you!) to volunteer a bit of your time to help.

Now is the time to stand up and say, “There is nothing wrong with responsible adult use of marijuana, and it should be of no concern to the government.”

Now is the time to act to end criminal penalties for marijuana.

Now is the time to do something to help put CI-110 on the ballot. If passed, the initiative would create an adult right to “responsibly purchase, consume, produce, and possess marijuana, subject to reasonable limitations, regulations, and taxation.  Except for actions that endanger minors, children, or public safety, no criminal offense or penalty of this state shall apply to such activities.

How you (yes, you!) can help right away:

  1. Volunteer to get ten signatures from friends and family. Everyone knows ten people. If you’re a cannabis consumer, you’ve just
  2. Volunteer to spend one day collecting signatures: June 5th — that’s primary election day, and the campaign needs as many petitioners as possible to help gather signatures at polling places statewide.
  3. Get hired on a temporary basis gathering signatures every day. We particularly need your help in the Flathead Valley and Butte areas, but we need people statewide.
  4. Visit our new website — which includes new ways to share the message with your friends on Facebook and get involved.
  5. Sign the petition! Here are some places to sign.

Will you join the statewide crew on June 5th to gather signatures statewide?

Then we need to hear from you today!

Email volunteer@montanafirst2012.org
or
Call 800-556-0182
or
Visit http://www.montanafirst2012.org/volunteer

It’s down to the wire folks. The signature gathering team has done a tremendous job attacking a formidable goal, but they still have a long way to go.  Please act today, as this is our best, soonest, most possible chance we have to stop arresting adults for marijuana!

Can you take the day off work to gather signatures on just one day, Tuesday, June 5th?

Or can you gather 10 signatures from your roommates, colleagues, co-workers, family, friends, and contacts? We need them all, every single one, to sign, right now.

Please don’t delay, get in touch with this historic campaign today. This is your chance. What are you waiting for? Call 800-556-0182 right now to get involved.

Finally, on a personal note, this campaign is the culmination, the ‘cherry on top’ of my marijuana policy work in Montana. After fourteen years of effort, during which many incremental gains have been achieved, the CI-110 effort is the closest we’ve ever been to Montana NORML’s goal — ending marijuana prohibition. Please get involved today.

Montana Marijuana Voter Guides

May 23rd, 2012

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/

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.

 

 

 

Newsletter: Strength in Numbers

April 26th, 2012

To join the free Montana NORML newsletter e-list, click here.

Friends,

We’re hearing some outrageous, heartbreaking, and discouraging news these days. More federal raids. Indictments, convictions, prison sentences and heavy fines (see news stories below). Montana citizens, whose mistake was to believe that careful compliance with state law would protect them from federal law enforcement, are now facing decades in prison.

It’s enough to make an advocate conclude, “the feds have won, we give up.”

I’ve even heard that some people are afraid to sign the petition for CI-110, because they “don’t want to be on a list”.

I get it. After all, just because you’re paranoid doesn’t mean they’re not out to get you. And they’re out to get us, every single one of us.

But there’s strength in numbers, and I’ll tell you, we’ve got the numbers. Around 100,000 people in Montana consume cannabis from time to time. Enough to change any election. Enough to put CI-110 on the ballot.  Enough to win.

But we — you and I — can’t wait for “someone else” to do it.

If everyone reading this collected ten signatures from family and friends, we’d qualify CI-110 for the ballot in no time.

Ready to get started? Great! Email volunteer@montanafirst2012.org or call (406) 359-1888, today. Time is short, please get involved right away.

Not convinced? The CI-110 effort is also hiring signature gatherers and regional leaders. Call or email to learn more, or just hit reply and I’ll help.

Before I get to news and events, a quick administrative note. I’m pleased to announce that longtime Montana NORML volunteer Justin Michels has agree to take on the volunteer role of Deputy Director — my right-hand-man.  Thank you, Justin, and congrats!

Montana Marijuana News & Events

Events:


News
:

Finally:

 

Be a part of history, come help us celebrate the end of prohibition!

April 26th, 2012

INTERNATIONAL DAY OF ACTION FOR ACTIVISTS: SATURDAY MAY 5 2012

FOURTEENTH ANNUAL GLOBAL CANNABIS MARCH

As they have in years past, local Activists from Missoula will join over three hundred cities worldwide in the fourteenth annual Global Cannabis March. Participants are especially excited for this year’s march because of the momentum building behind their long-held position that marijuana prohibition causes more harm than actual marijuana. 2012 will be a landmark year for marijuana reform activists around the nation. Colorado and Washington state have so far qualified initiatives to legalize and regulate marijuana similar to alcohol.

Montana NORML is coordinating the event to capture support for Montana First, a campaign that is working currently to put a ballot proposal on the November ballot that will protect the rights of adults who use and grow marijuana.

The march is scheduled to begin shortly after 4pm on Saturday May 5th.

Local participants will gather at Jacob’s Island (Bark Park) to march along the Clark Fork River to the Missoula County courthouse and through the downtown streets. The march is scheduled to begin shortly after 4pm. (Facebook event here.)

Members of the public are welcome to attend. Signature gatherers will be present throughout the event.

Speakers include:

Craig Shannon, a local criminal defense attorney.

Emmett Reistroffer, Statewide petition coordinator for CI-110.

Why We Fight

January 31st, 2012

On our Busted Intake Form, we collect stories from victims of marijuana prohibition in Montana. Here are some excerpts from a story we received today, from a young woman attending college in Montana.

I was in my dorm on campus…, when I got loud banging on my door at midnight, by police officers. Supposedly a RA smelled pot coming from our room and called them.
 
Once I answered the door, the officers asked what I had been doing that night, I told them I was studying. After that one of the two officers said he could smell marijuana, and knew I had been smoking it. I told them no multiple times, but they kept saying “we know you are lying.”
 
Eventually I confessed I had smoked around 7 that night in my room. I thought that by being honest I would get in less trouble. I was wrong. They also asked if I had any weed in the room, and I decided to tell them yes and showed them where I kept it. They treated me like a criminal, and I felt like my rights had been violated….
 
I got a 250 dollar fine, probation for a year, where if caught with anything illegal, or drinking again, I will go to jail.I was also ordered to go to Self Over Substance classes with a fee of 65 dollars.
 
I find it ridiculous that for smoking a little pot, I could potentially go to jail. I’m an A’s and B’s student in college and I have never had any other problems with the law. I know that as a member of society I would not belong in a jail cell, and what a waste it would be. The whole experience of being busted felt like a complete invasion of privacy, and I soon later learned, had I just not open my door, they would have not been allowed to come in, and I would have avoided all the fines and what not.

 

This sort of thing happens every day, and will continue to happen every day, until like-minded citizens gather the political courage and momentum to change the unjust laws.

As Jack Herer used to say (roughly), until every cannabis consumer spends $20 or 20 minutes on pushing for change, we don’t stand a chance. There are around 100,000 of us in Montana, can you imagine what we could accomplish if we tried?

So, today, tell a friend, spread the word, register to vote, tell your friends to register, donate to and volunteer for Montana First or Montana NORML.

Or stories like the one above will repeat forever.

CI-110 Will End Marijuana Prohibition in Montana

December 31st, 2011

CI-110 was approved for signature gathering this week, and the campaign to place the measure on the 2012 ballot will begin in January. A ballot issue committee has been formed, Montana First, to coordinate the campaign. This is an important effort that deserves attention and support.

A review of the status quo:

Selling (or giving away) any amount of marijuana in Montana could result in a sentence of life in prison (MCA 45-9-101).  By the letter of the law (MCA 45-9-102), a one-gram bust can earn you six months in the county jail, or up to a year for a second offense. Possession of three ounces can land you in state prison for up to five years.  In Missoula County alone, a bust for a small amount of marijuana occurs just about every day.

The Montana experience of medical marijuana over the past two years has been tumultuous and controversial. Traveling mass clinics and what seemed to some to be a “pot shop” on every other corner led to public outcry and skepticism. The legislature responded by repealing medical marijuana and replacing it with an onerous new program. Thousands of people and many businesses have since dropped out of the program and presumably returned to the black market.

Meanwhile,  the prohibition machine, with its taxpayer-funded drug task forces, confidential informants, asset forfeiture seizures, drug testing and treatment industries, private prisons, unregulated black market production and distribution networks, and the arrests of thousands of Montanans with a few grams of cannabis in their pocket,  has continued its expensive, destructive, and ineffective work.

 

The Solution: CI-110

CI-110 is a constitutional initiative. In other words, it’s a proposal submitted to the citizens of Montana which, if it passes, will change the Montana constitution.

CI-110 would alter Article II, Section 14, titled “Adult Rights”, which currently reads:

Section 14. Adult rights. A person 18 years of age or older is an adult for all purposes, except that the legislature or the people by initiative may establish the legal age for purchasing, consuming, or possessing alcoholic beverages.

If CI-110 passes, this section would be changed as follows (new text underlined):

Section 14. Adult rights. A person 18 years of age or older is an adult for all purposes, except that the legislature or the people by initiative may establish the legal age for purchasing, consuming, or possessing alcoholic beverages, and marijuana. Adults have the right to responsibly purchase, consume, produce, and possess marijuana, subject to reasonable limitations, regulations, and taxation. Except for actions that endanger minors, children, or public safety, no criminal offense or penalty of this state shall apply to such activities.

The changes would become effective on July 1st, 2013.

The 2013 legislature would be unable to amend or repeal the change. However,  with a two-thirds vote, they could refer the amendment back to the people to vote again in 2014.

The legislature (many of whom we’ll have the opportunity to elect in 2012) may choose to develop new laws which implement the “reasonable limitations, regulations, and taxation”. They may also choose to repeal the current prohibition laws. Or they may do nothing (whether due to inaction or gridlock).

The federal government may pressure state leaders to not create any sort of regulatory infrastructure. If our legislators bow to that pressure, there will be no defined limits or rules aside from what’s implied in the measure itself.

On the other hand, the legislature may craft a regulatory system for legal marijuana, possibly including personal possession and plant limits (or garden sizes, a more reasonable measure of production capacity), licensing, taxes, and so forth. What they come up with is anyone’s guess, but we’ll all have a chance to assist in the process, if we get involved. This makes it especially important to elect legislators who are willing to work with us.

If the marijuana prohibition laws stay on the books, then it’s possible that state law enforcement officials may still conduct marijuana arrests, despite CI-110. If that happens, it’s possible that judges will throw marijuana cases out at first appearance, and the law enforcement agencies may face liability for wrongful arrest and/or due process.

Medical marijuana will still be on the books (either some form of SB 423, or I-148, if the people so choose). However, any adult will have a constitutional right to grow their own cannabis garden, and/or buy cannabis from another adult.

None of this protects Montanans from federal law enforcement agents. However, ending state prohibition of marijuana sends a powerful message to federal authorities that Montanans will no longer participate in their war on people who choose cannabis. This is an important step in the process.

 

How You Can Help

To put CI-110 on the ballot, signatures must be obtained from 10 percent of the total number of qualified voters in Montana, including 10 percent of the voters in each of 40 legislative house districts (a total of 48,674 valid signatures for the 2012 ballot). They must be collected, submitted, and validated prior to June 22nd, 2012.

That’s a lot of signatures, twice as many as the recent referendum campaign needed. This will require an army of volunteers and professional management.  In the fall, there will need to be a voter education campaign in the media to defuse criticisms and get out the vote.  This campaign will require substantial donations of time and money to succeed.

Montana NORML has committed $1000 to help Montana First kick things off, and will continue to offer financial help as we’re able.

Whether an adult uses marijuana as serious medicine,  herbal preventative, social relaxant, or spiritual sacrament, such use should be of no concern to government authorities, absent harm to others. CI-110 will enshrine that principle as a constitutional right, and end marijuana prohibition in 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.