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.

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.

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.

You have better things to do.

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

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

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

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

• Prevent extremists of any flavor from blowing up innocent people on American soil.
• Chase down domestic murderers and rapists.
• Nail some fraudsters, cheats, thieves, and scammers.
• Monitor registered sex offenders.
• Hold companies responsible for poisoning our environment accountable for their actions.
• Prosecute hate crimes.
• Imprison the leaders of corporate juggernauts who pillage the public good, for their personal profit.
• Go after rich people who break the law to avoid paying taxes.

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

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

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

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

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

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

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

- Thomas Paine

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

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

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

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

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

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

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

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

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

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

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

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

I welcome your thoughtful critique.

Patients

• Your existing card is still valid until it expires (unless you are on probation, in which case your card may offer no protection. The judge suggested that courts decide whether probations should be eligible on a case-by-case basis); eligible patients will be able renew under the new rules.
• The same medical conditions will continue to qualify you, but if your diagnosis is “severe chronic pain”, the new law is much more strict. The pain must be persistent and of severe intensity, and objectively proven by an X-ray or MRI, or a second physician must confirm the diagnosis after a physical exam.
• You must be a Montana resident.
• Once you have your card, if you do not choose a provider, you’ll be able to possess 12 seedlings, 4 mature flowering plants, and 1 ounce of usable marijuana. By choosing a provider, you give up your right to grow for yourself.
• Failure to notify the state of a change of address within 10 days voids your card.
• You must carry your medical marijuana card with you at all times.
• Parents wishing to register their minor children need a second doctor’s recommendation, must submit fingerprints for an FBI background check, and agree that the minor will never smoke marijuana, only use infused products.
• People under department of corrections supervision are not eligible.
• Gardens may not be combined and shared, unless you are relatives by blood or marriage.
• Drivers may be compelled via search warrant to provide a blood sample.  5ng/ml is cause for a DUI charge.
• If your drivers license is revoked for DUI, your medical marijuana card must be surrendered.
• Your out of state recommendation offers no protection.

Caregivers

• Anyone who wishes to grow marijuana for someone else will be subject to a fingerprint background check by the FBI (as of October 1st), as well as a financial background check (unpaid taxes, student loans, child support).
• If you do not get one of the new cards in June, you must bring in all your plants and product to local law enforcement for destruction before July 1st.
• You may choose to register as a “marijuana-infused products manufacturer” instead of, or in addition to, registering as a “provider” (grower).
• If approved, providers will be allowed to grow 4 mature plants and 12 seedlings each for up to 3 unlimited patients.
• Nobody can sell anything to anyone. No money, nothing of value may be exchanged for marijuana, except that the patient may reimburse the provider for the state application fee.
• Infused product manufacturers must use separate cookware from that which they prepare “normal” food, and are subject to local health department food preparation rules.
• You must carry your provider card with you at all times.
• Law enforcement will be automatically notified of the location of your garden. You may have only one. Law enforcement can conduct unannounced inspections during business hours.
• Gardens cannot be combined or shared.
• Must keep a complete set of records showing all transactions with cardholders (by name and ID number), open for inspection by law enforcement at any time during business hours.
• Advertising of any kind is prohibited, including via electronic media (websites, email). This provision is effective upon passage — mid-May.

Doctors

• Must describe in writing the medical condition, why it is debilitating, and the extent to which it is debilitating.
• Must confirm that they have assumed primary responsibility for caring for the patient.
• Must describe the range of other medications and treatments used to treat the condition.
• Must confirm that they have reviewed all other medications and supplements and considered their possible interaction with marijuana.
• Must confirm they have explained the potential risks of marijuana.
• May not affiliate in any way with providers or infused products manufacturers.
• May not examine patients where marijuana is being grown.
• May not offer a discount or incentive to a patient for choosing a particular provider.
• Will be reported to the Board of Medical Examiners if they recommend for more than 25 patients in a year. This will trigger a formal review of the physician’s practices, for which the physician will be responsible for the costs.
• Telemedicine recommendations will constitute “unprofessional conduct” under 37-1-316.

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

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

For example:

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

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

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

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

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

Otherwise

Montana NORML News

Friends,

I put together a free and anonymous one-question survey for caregiver businesses. Click the link to answer, it takes 30 seconds or less.

These have been the most intense weeks of drug policy reform in my 13 year career as a volunteer for Montana NORML. There’s a lot going on, and a lot to cover, so scan the major headings below and read what’s of interest.

Lawsuit News

The MTCIA‘s historic lawsuit (I’m the secretary & treasurer) will be heard in Helena on Monday and Tuesday of next week.   Our side is feeling good about our arguments and I’m optimistic we’ll get some sort of a favorable outcome.  My fellow MTCIA board member Kate penned this overview of what’s happening and what you can do (and not do).

What’s next? The lawsuit could result in one of the following outcomes by the end of the month:

1. The judge could rule against us, and SB 423 becomes law on July 1st. If MTCIA has the funds available (donate today, please), we’d appeal.
2. The judge rules totally in our favor, and SB 423 is struck down in its entirety. The state (we presume) would appeal such a decision.
3. The judge could strike portions of SB 423 as unconstitutional, but allow the rest to become law on July 1st. Depending on the details, either or both sides could appeal.
4. The judge could conclude that irreparable harm would occur if the law goes into effect, and also that the constitutional issues are important but complicated, and so order a delay of implementation of SB 423 for weeks or months.

We don’t know what will happen, but my personal opinion is that #4 is most likely. We’ll see. Cross your fingers.

Petition News

The Montana Attorney General’s office contacted Montana NORML today to let us know that they’d made some adjustments to the proposed petition language. This is an important step in the process, and we’re hopeful we could have the petition approved in its final format before the end of the month. We’ll see — they are allowed by law to take their time until July 5th.

In the meantime, a network of hundreds of volunteers statewide has been developing the systems required to gather the maximum number of valid signatures in all the right places, as quickly as possible. It’s a thing of beauty, watching a large group organize around a shared goal, pouring in their passions, talents, and free time.

If you’d like to get involved, go here: http://www.mtcia.org/referendum/

Currently, we particularly need volunteers and leaders in the Missoula area. So, get to it, and spread the word.

Email our Volunteer Coordinator Rose at petition@mtcia.org with any questions.

Events & How YOU Can Help

June 17-18: Ryan Creek Meadows east of Missoula, Love Your Mother Earth Festival, MTCIA reps are there, look for Ed and Kate at the big RV, and stop by to donate and hear the latest.

Friday, June 17th: The 40th Anniversary of the War on Drugs. Today, tell Senator Jon Tester what you think about the federal government’s war on Montanans who use cannabis: http://tester.senate.gov/Contact/index.cfm

Saturday, June 18th: Butte, Silverbow Cannabis Coalition Fundraiser for MTCIA, 12PM-8PM at the Eagles Lodge.

Monday, June 20th: Helena, the Children, Families, Health, and Human Services Interim Committee of the Montana Legislature will meet and discuss medical marijuana beginning around 10:45AM in room 137 of the State Capitol. You can watch or listen live. (If you attend, please let me know how it goes.)

Tuesday, June 21st: Helena, the Law and Justice Committee of the Montana Legislature will meet and discuss medical marijuana beginning around 2:45PM in room 152 of the State Capitol.  (If you attend, please let me know how it goes.)

Tuesday, June 21st: Missoula, Forward Montana will host “Weed Whacked! The Future of Medical Marijuana in Montana” at 143 W. Broadway starting at 5PM. I’ll be there.

Wednesday, June 22nd: Statewide, MTCIA public conference call about the lawsuit, petition, and more. Submit questions in advance to <questions@mtcia.org> and join the e-list to get call-in details: http://www.mtcia.org/e-list/

Thursday, June 23rd: Missoula, MTCIA Mixer and Fundraiser at the Doubletree starting at 6PM.

Saturday, June 25th: Billings, MTCIA event, details TBA.

Thursday, June 30th: Statewide, caregivers drop off truckloads of dirt and trim and stalks at local law enforcement. Or, they hold victory parties.  MTCIA holds a statewide public conference call. Details TBA.

Saturday, July 9th: Flathead Battle of the Bands, an MTCIA fundraiser.  Thanks, Flathead organizers!

Saturday, July 23rd: Ryan Creek Meadows, east of Missoula, Marijuana Aid: Cannafest Destiny. This is going to be big. Email ed@mtcia.org if you want to volunteer.

There’s a lot more in the works, stay tuned. Forward this to a few friends, will you?

Montana Marijuana News

• SB 423: Let the Law be on Trial, Not Us
• Montana NORML survey: Caregivers, how are you preparing for SB 423?
• Diane Sands: Treat medical marijuana like wolves?
• Crime up because of medical pot, state official says
• Caregivers converting to consultants under SB 423
• Repealing the “Black Market” Bill: A Preliminary Guide to Process and Procedure
• Video: Montel talks MS, medical marijuana
• Garden Supply Sales Down Following Marijuana Reform
• Cannabis Policy: Keeping It Vague
• Billings City Council delays action on medical marijuana sales ban

Finally, I’m looking for an assistant volunteer in Missoula to help with some administrative tasks like answering email and voicemail, preparing care packages, going to the post office, and so forth. If you’re passionate about the cause, computer-competent, and in Missoula, hit reply and let me know.

Whew.

Onwards!

They have no such right under the current law. They are wrong and abusing their power.

SB 423 provides for inspections of licensed providers in section 14, but that part of the law does not go into effect July 1st, 2011, and only if the legal efforts of the MTCIA are unsuccessful. The new law has a totally different and onerous licensing scheme for growers, which has not been implemented yet, and so there are no licensed providers, and no inspections.

Caregivers should consult their attorneys for advice on how exactly to handle a request for inspection of their gardens. Absent a search warrant, you are under no obligation to allow Montana law enforcement officials to inspect your premises. In fact, you are under no obligation to answer any questions about your activities, or even to answer the door.

Just say no to warrantless searches.

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.