Into this mess, we bring two recently elected Presidents:  Barack Obama and Jeff Essman.  The latter, of course, being the new state President of the Senate; who also happened to be the architect behind SB423, the blatantly unconstitutional and unworkable bill our last legislature decided to try calling a law…  Now add incoming Governor, Steve Bullock; who told voters he was going to vote against SB423, in perhaps the most shrewd gesture of them all during this past season’s cut-throat election cycle.  While his former post, the Attorney General’s office, keeps fighting in court to fully implement the doomed law.

According to a recent press release from drug czar Gil Kerlikowske, coming out of the election it is clear the nation is “in the midst of a serious national conversation on marijuana”.  He then said more details would be forthcoming and referred to President Obama’s interview with Barbara Walters as the starting point for this conversation.  An interview clip which, NORML and many others have already pointed out, ends with the president saying there’s more we can do on the health end of the spectrum.

He gives every indication that there’s no justifiable reason for putting someone in prison over marijuana use.  Yet, the prison industrial system keeps on chuggin’ away.  Up next here in Montana, former owner of Big Sky Health Jason Washington stands trial on Monday morning.  There is expected to be a large group of people with signs gathered to show support for Jason and raise awareness of the right of Jury Nullification.  Out of hundreds of raids across the country in the past couple of years, Mr. Washington is only the fifth to actually take their case before a jury.  Chris Williams being another one of those five, giving Montana forty percent of the nation’s total.

While Jury Nullification is a remarkably powerful tool for combating abuse of authority and winning the drug war, our state and federal judges are dead-set against pointing it out to jurors at trial.  As I discovered when attempting to fight my own charge against a personal grow last year, it’s a serious offense to even utter the words “jury nullification” in a court of law these days.

Except in New Hampshire, where they recently passed a law requiring judges to mention the right to jurors.  Below is a quote from an article discussing the new law, which happens to mention the case of “jury mutiny” here in Missoula way back in 2010:

..On June 18, New Hampshire Governor John Lynch signed HB 146, which reads:

“[A] Right of Accused. In all criminal proceedings the court shall permit the defense to inform the jury of its right to judge the facts and the application of the law in relation to the facts in controversy.”

I have the feeling this New Hampshire law will end up having a tremendous effect on the American judicial system as a whole. If enough people start nullifying drug laws in New Hampshire, eventually New Hampshire prosecutors will be forced to stop prosecuting drug offenses in that state entirely. In 2010, a Montana case never even made it to trial because prosecutors could not find enough people who would be willing to convict a person based on drug charges…

http://www.policymic.com/articles/10603/jury-nullification-in-new-hampshire-becomes-reality

Obviously, things have changed a lot in Montana since then; but, there can be no doubt whatsoever that nationally the momentum has shifted to embrace reform.  There is only one small group of people, including former ONDCP staffer Kevin Sabet, who are talking to the press and public about alternatives to legalization.  Even they now appear to be embracing the “harm reduction” philosophy for cannabis use, although they still cling to made-up statistics like ‘one in every five or six users becomes an addict’.  Then go on to explain how pharmaceutical companies are working hard to extract the useful parts out of this ‘dangerous’ plant so we can use them safely (in pill form.)

Nevermind that Marinol (synthetic, pill-form THC) has been shown by no less than the FDA to be lethal in rare cases.  Those kind of statistics aren’t gaining any traction for the pharmaceutical stock in your retirement portfolio, so what’s the point in focusing on death all the time?  Just think of all the jobs our laws against marijuana create:  prison guards, undercover agents, informants, smugglers, dealers, growers, lawyers, cops, judges, medical examiners, morticians, government bureaucrats and ‘educators’ like Kevin Sabet (who actually holds a Ph.D., in social policy.)

Speaking of which, kudos to the University of Montana; for blatantly exposing a process that’s so corrupt your only excuse is that everybody else is doing it:  Environmental Group Questions UMs Objectivity in Coal Studies.

Hopefully, this irony will not be lost on our state lawmakers; as some of them reminisce about getting to become famous movie stars in the documentary shot during the last session, “Code of the West”. Which is scheduled to be released with an update soon, to include more of the carnage and blatant injustices done to Montanans brave enough to provide safe, life-giving medicine in the form of a sustainable industry that had been growing our economy responsibly with great speed.  If you haven’t done so already, you can visit their online shop and purchase a t-shirt with the classic line printed on the back:  NOT EVERY OUTLAW IS A CRIMINAL

This ought to be an entertaining legislative session, with even the White House now admitting we need to have a serious conversation about marijuana. As we find a way off the fiscal cliff, that can only truly come in the form of sustainable industries (particularly hemp, which actually can ween us off petroleum and fracking in the not-so-distant future.)  Once those funding resource extraction and making excuses for our own habitat destruction realize their point of diminishing returns is close at hand, maybe they will have more interest in real science and worthwhile data analysis?

Montana NORML is very pleased to be working with our many local allies and national affiliations toward bringing about positive legislative change in marijuana law this year.  We need your help more than ever, to make sure this vital process of transition is successful and expedient in order to minimize the dangers presented to medical cannabis patients like Lori from our currently unworkable law.

There will be a tool on our website available soon to help you contact your representatives with ease.  Please stay tuned here on our blog and sign up for our newsletter to come directly into your mailbox if you haven’t done so already.  Thanks to all of your support, victory is smelling close (and sweet!)

Essmann a ‘sharper edge’ in Senate president role

BILLINGS REPUBLICAN ASSUMES PIVOTAL LEADERSHIP ROLE

“I think it’s important that we make it clear that we stand for something, and that we’re not just ‘Democrat lite,’ ” says Sen. Dave Lewis, R-Helena, who nominated Essmann for the job…

..“I haven’t seen what (Essmann) wants to do,” says Tutvedt. “We don’t have any idea what his agenda is. Right now there is a void, and hopefully it will be filled by Republicans and not the governor…”

..Essmann says one goal he’ll be emphasizing is a conservative state budget that doesn’t overly rely on federal money, which is 40 percent of the current state budget.

“We are far more dependent on federal money than the typical state,” he says. “That will make us vulnerable going forward when the people in Washington get down to the business of getting our financial house in order, and I hope they do…”

Steve DeAngelo Of Harborside – President Obama Comments On Marijuana, President Appears On ABC News Tonight With Barbara Walters

“I hope the President will show the same regard for medical cannabis patients that he has extended to recreational users of cannabis, and stop the ongoing federal campaign to close state-legal medical cannabis providers.” – Steve DeAngelo, Executive Director of Harborside Health Center, in response to comments about state cannabis laws made by President Obama to ABC News, on air tonight with Barbara Walters…

..”In the past year, U.S. attorneys have forced the closure of over 600 medical cannabis dispensaries in California, and over 1000 nationwide.  Harborside Health Center, the most reputable and legally compliant dispensary in California, will be in court December 20, to defend ourselves against federal efforts to close our doors forever…”

Up here in Montana, we’ve also got numerous court cases unfolding around our currently unworkable marijuana policy.  Most notably, the injunction which is being held in place by a lawsuit from the Montana Cannabis Industry Association(MTCIA.)  That case was back in court last week, with the District Judge expected to give a final ruling in “days or weeks.”  Until then, the law remains partially in place like it has been all along.   The lawsuit has a good shot at winning, but is also in very real danger of going away if the remaining balance owed to the law firm isn’t paid soon.  If you are concerned about the future of medical cannabis in Montana, donating to the MTCIA’s legal fund is a great way to help improve safe access for those who need the herb most.

Of course, the law as it is currently being implemented is very far from perfect; but, nowhere nearly as bad as full implementation of SB423 would surely be.  Luckily, we also have an upcoming legislative session where a three-pronged approach to improving our current marijuana law is now under way.  However, the only way any of these efforts will be successful is if enough Montana citizens write a brief letter to their elected state representative.  A list of whom can be found here:

Members of 2013 Montana House of Representatives

There is no need to write anything long or overly formal, but showing your representative a good amount of respect increases the likelihood they will return the favor.  What I’m, personally, going to say begins with the president’s remarks about having more important things to do than worry about recreational users in states where it’s been legalized.  Right now, our government is spending way too much time and money dictating who can use this herb for what purpose.  Cannabis has now been shown to shrink cancerous tumors; meanwhile, people are dropping like flies from prescription drug and alcohol abuse.  Our prisons are so overburdened with housing non-violent drug ‘offenders’, that we no longer have the resources available to properly investigate murders or keep rapists behind bars for anywhere close to the mandatory minimums often attached to drug charges…

These are all points I plan on briefly addressing, but my strongest argument in favor of reforming the state’s marijuana law is far more personal.  If you happen to be reading this little blog post, then I’m guessing you have a personal stake in this battle for medical (and spiritual) freedom as well.  If you can connect to the lawmaker (or member of their staff) on a personal level, it’s far more persuasive than statistics or slogans.  So, briefly state your opinion and kindly ask them to consider becoming a co-sponsor of one of the three different bills now in the works.

In conclusion, I will be mentioning that Montana NORML is presently working with producers of the film “The House I Live In”; in order to bring screenings and panel discussions of the film and drug policy reform to Montana early next year.  We are looking to set up diverse panel discussions, including people from all sides of these important debates.  Thanks to all of the recent media attention on this subject, and specifically to political prisoner Chris Williams along with everybody who’s supporting the update of Code of the West; now our state legislators have a rare opportunity to prove their competence by giving our state a workable marijuana law in 2013.  Or face the specter of more lawsuits and greater scrutiny of their already questionable actions.

If you are interested in helping to fix our state law then MT NORML needs your help to educate our lawmakers and fellow citizens.  Whether that means being in a panel, hosting a screening at your local library, or donating money for advertising and supplies is entirely up to you.  And if your representative happens to send you a reply, we’d be most interested to see what they say and repost it with your permission.

On Tuesday, Dec. 18th; Montana NORML is having a meeting at the Missoula Public Library at 7p.m.

Located in the large meeting room downstairs, the meeting is open to everyone and will center around the upcoming legislative session plus the movie screenings.  If you are unable to attend, please send us an e-mail at norml@montananorml.org telling us where and what you’re interested in doing.  If you’re not sure, that’s fine too.  Thanks to all of our dedicated supporters, cannabis law reform is far from dead here under the big sky.

Onwards!

“This court will not rule that Arizona, having sided with the ever-growing minority of states and having limited it to medical use, has violated public policy,” Judge Michael Gordon of Maricopa County Superior Court wrote.

While the federal government is obviously not subservient to the lower courts of any state, this judge’s humble decision is but one example of a quickly growing trend all over the country and planet.  The crazy notion that we ought to have medical freedom; or sovereignty over our bodies, is taking root everywhere you look.  Most notably among players and owners of the NFL, at the ACLU; and, of course, in the mainstream media.  A fascination those of us in Montana are no longer immune to.  Particularly here at Montana NORML, where we’ve been swamped all week with unprecedented educational opportunities.

For now, let’s focus on celebrating the other big news coming out of Montana and beyond.  Beginning with the Code of the West kickstarter campaign, which succeeded in getting the funds to update the already critically-acclaimed documentary.  The extended version is likely to be released during our state legislature’s upcoming session, starting in early January and ending late April.

Thanks to widespread interest in the film and tireless efforts of its director, Rebecca Cohen, news outlets from every corner of the U.S. and even overseas are writing about the twisted situation here under the big sky.  The unbelievable plight of Chris Williams and his challenge of federal law has taken the media by storm.  If you haven’t seen the brief Op/Doc, featured on The New York Times and all over the web, then click below and prepare to be infuriated:

The Fight Over Medical Marijuana

Now that the film is getting updated and screened at film festivals and college campuses virtually everywhere, it’s impact on the debate over medical freedom in this state and beyond is completely unprecedented.  Yet, it’s also in good company.

As one epic film gets the funding for a serious upgrade, two more well-funded documentaries are hitting theaters and upending the ‘debate’ over our failed drug war.  By showing, in high-definition using countless respected individuals, just how destructive our current policies have become.  Giving plenty of shelter for those wanting to denounce prohibition and sparking the interest of many who don’t (yet).  Making this a very opportune time for our newly re-elected president and other public officials to stand up for the health and basic rights of their constituents.  Because many of their highly respected peers already did, to the unquestionable delight of voters.

Our own Governor-elect Steve Bullock is among those who have gained respect from the majority, by publicly announcing his vote against our 2011 legislature’s unworkable marijuana law.  Which, despite gaining the approval of voters likely confused by its deceptive wording, has still not been fully implemented.  Because the incredible restrictions it places on medical use and distribution of the herb are very obviously unconstitutional.

Such is the basis of an ongoing lawsuit filed by the Montana Cannabis Industry Association(MTCIA).  Quite literally, the only reason our government hasn’t completely undermined safe access to the medicine for all of its officially registered users.  But the lawsuit is in dire need of more financial support to keep going.  A hearing was recently rescheduled for next month to evaluate the case.  Please visit the MTCIA for more information and the chance to help make sure their precedent-setting lawsuit is successful, by donating a little green.

The provision saying people aren’t allowed to exchange money for medicine is clearly absurd, but no match for the part where it says doctors recommending the herb must pay the government to investigate them!  Nevertheless, many of the brutally ignorant and sadly misguided provisions are in force.  Leading to massive amounts of pain and suffering; in some cases, even death.

For those of us who have stood witness over the past two years as our government has regressed further into a lost war with unquestionably vicious and terrible consequences, patience has proven to not always be a virtue.  The very real costs of an unconscionable war are only becoming more glaringly apparent, as the lamestream media focuses in on what’s easily this year’s biggest news story:  the end of cannabis prohibition, which is now well under way!!!

Obama’s Pot Problem

..Obama, the former constitutional-law professor, has relied on the expansive powers of the chief executive when it serves him politically – providing amnesty to a generation of Dream Act immigrants, or refusing to defend the Defense of Marriage Act in court. A one-time pothead who gave a shout-out to his dealer in his high school yearbook, Obama could single-handedly end the insanity of marijuana being treated like heroin under the Controlled Substances Act with nothing more than an executive order.

What the president needs to act boldly, reform advocates believe, is for the rising tide of public opinion to swamp the outdated bureaucracy of the War on Drugs. “The citizens have become more savvy about the drug war,” says Franklin, the former narcotics cop. “They know this is not just a failed policy – they understand it’s also a very destructive policy.” With an eye on his legacy, Franklin says, Obama should treat pot prohibition like the costly misadventures in Iraq and Afghanistan: “This is another war for the president to end.”

Breaking the Taboo is an hour long documentary narrated by Morgan Freeman and featuring a wide array of respected political figures talking candidly about our failed drug war.  Bill Clinton, Jimmy Carter and billionaire Sir Richard Branson are but a few of the names involved (Branson’s son runs the main production company, Sundog Pictures.)  The film debuted, for free, on YouTube this morning; it’s also practically everywhere you look for news, with not a soul defending the brutal policies of our continued prohibition.  Not even the famed drug war defender Kevin Sabet, who suddenly appears very open to accepting the reality that our criminalization of a health problem isn’t doing anybody one ounce of good.

Breaking the Taboo wants to turn Youtube views into political change

..According to Breaking the Taboo, the international war on drugs is a failure, and the existence of those poppy fields a continent away from their usual home is proof. If there’s money in a drug, that drug will be produced regardless of law enforcement action. But where there are drugs in Colombia, there are the cartels, and violence. Andrade continued: “When we got back, someone said to us that a battle started there between the Farc and the government exactly where we were, and that that tribe no longer existed. People died. We escaped within a matter of hours. It was a very isolated place. They don’t even sell Coca-Cola there…”

Here at Montana NORML, we are also very happy to be working with producers of the film The House I Live In to bring screenings of their explosive and award-winning documentary to communities across Montana.  We’re talking about hosting events at public libraries, college campuses, churches, and other small venues.  Our goal is to help spread education on this most urgent crisis to our fellow citizens.  Including our state lawmakers and elected officials, who we are reaching out to for their assistance in having an honest public debate and discussion of possible solutions to these appallingly unacceptable violations of basic human rights.

Comprehensive in scope, heart wrenching in its humanity, and brilliant in its thesis, Jarecki’s new film grabs viewers and shakes them to their core. The House I Live In is not only the definitive film on the failure of America’s drug war, but it is also a masterpiece filled with hope and the potential to effect change. This film is surely destined for the annals of documentary history.

If you are interested in helping us bring this film to your community, please contact us at norml@montananorml.org and give us an idea of what you’ve got in mind.  We greatly appreciate your continuing efforts and patience as we iron out the details of our various new projects.  Anyone who’d like to help us out during these times of great opportunities, please drop us a line; let us know what you’re interested in doing and where.

Those of you in or around Missoula on Dec. 18th are invited to join us at the public library; 7pm, in their large meeting room downstairs.  A digital meeting of some type is also in the works, but we need your input to figure out what technologies and times works best.  For now, here’s a preview of The House I Live In:

Even as some states move to lessen penalties or decriminalize the possession of marijuana, a D.C. Council committee voted Thursday to strengthen city laws against synthetic forms of the drug…

Former Microsoft executive plans premium pot business

Jamen Shively, a former Microsoft executive, plans to spend the next year researching and building a retail marijuana business that he hopes will bring legitimacy to a long-illegal industry.

Shively said he brainstormed the idea after a few bong hits…

..Shively believes that others states will eventually legalize marijuana as well.

“The buzz is in the air,” Shively said. “This is a new industry in the making, and it’s going to be a giant industry and the state of Washington is going to lead the way. What Kentucky became for bourbon, the state of Washington is becoming for marijuana. It’s going to be a huge boost to the economy…”

Legalizing marijuana in Indiana, Whitesell’s comments get little support

..Whitesell’s comments add credibility to arguments that the state’s marijuana laws need to be changed, said Robin Alexander, a board member for the Indiana chapter of NORML, a group that advocates legalization of the drug.

“He’s right, he’s absolutely right, and he’s been on the force long enough to know what’s real,” Alexander told WRTV of Indianapolis. “The penalties are much too severe, and they have been for a very long time…”

Washington set to legalize marijuana use without Justice Department guidance

Adults in Washington state will be able to smoke marijuana legally when it is officially decriminalized Thursday, even though the Justice Department has offered no guidance on the conflict with federal drug laws…

..Like their counterparts in Washington, Colorado prosecutors have begun throwing out hundreds of misdemeanor marijuana cases…

..The schools rely on millions of dollars in federal funding, and officials say they are worried that failure to abide by federal marijuna laws could jeopardize the money. The federal Controlled Substances Act prohibits the production, possession and sale of marijuana and classified it as a Schedule 1 drug, putting it in the same category as LSD and heroin…

..Mexican President-elect Enrique Peña Nieto also said he is waiting to see how Justice responds to the conflict between state and federal laws. In an interview with Time magazine last week, he called for a rethinking of drug policy and the war on drugs after the legalization of marijuana in the two states

Peña Nieto’s top adviser, Luis Videgaray, has said that legalization “changes the rules of the game in the relationship with the United States” in regard to anti-drug efforts…

Medical marijuana providers unsure of what future holds

Legal marijuana may give NFL a headache

Bob McNair, owner of the Houston Texans football team, resembles an outsize caricature of a 21st century pro sports boss. He’s a 75-year-old Republican Party mega-donor who made his fortune by selling his energy corporation to Enron in 1999 (give him credit for timing). That’s what’s made McNair’s comments last week all the more interesting. After saying he would never have a “persistent user of drugs” on his beloved Texans, McNair made a point to add, “I’m not talking about someone who smoked marijuana…”

..The NFL is trying to nip this – pardon the expression – in the bud. NFL spokesman Greg Aiello didn’t even let the election-night confetti fall to the floor before he told USA Today, “The NFL’s policy is collectively bargained and will continue to apply in the same manner it has for decades. Marijuana remains prohibited under the NFL substance-abuse program. The Colorado and Washington laws will have no impact on the operation of the policy.” In addition, NFL.com’s Gregg Rosenthal made it even more crystal clear: “Broncos and Seattle Seahawks have been warned. ‘It’s legal’ won’t be a valid excuse.”

Aiello’s statements sound very iron-clad. The problem is that even by the NFL’s own guidelines, they are not actually true. As Mike Florio on profootballtalk.com pointed out, “The policy prohibits only the ‘illegal use’ of marijuana. While players may not abuse legal substances like alcohol, legal drugs and alcohol may be used…” (emphasis is my own, for reasons detailed below)

..One active NFL veteran who lives in a state where there is legal medicinal marijuana said to me, “A part of me always wanted to be the first player to test positive, then be able to present (NFL Commissioner Roger Goodell with) a prescription from my physician and dare him (to do something)..”

Meanwhile, the mainstream media is finally turning their attention to the case of Chris Williams and many others who’ve been severely mistreated at the hands of our corrupt government.  “The game” I referred to in the title was not our failed drug war, but the corruption which has allowed it to survive for so long at our collective expense.  Now that “big money” and conservative Republicans are standing up for basic human rights, there is no debate left to be had or proverbial stone left for prohibitionists to hide under.  But that doesn’t mean our corrupt political system is going to fix itself, we obviously have a lot of work left to be done here in Montana and across the nation.

Also on the national level is another monumental shift on government that is bound to have great impacts on the future of our law here in Montana.  A bipartisan committee of U.S. representatives has filed legislation aimed to protect individual rights from the unfortunately persistent interference of our federal government’s misguided actions.  Our state and local politicians can either join the winning side, or get left even further behind a shocked public obviously fet up with the brutal costs of this pointless war against humanity…  Here’s the latest from NORML’s national website, which includes links and a pre-formatted letter for sending to YOUR representatives!

Congressional Lawmakers Introduce Legislation To Halt Federal Interference In State Marijuana Laws

Friday, 30 November 2012

Urge your House members to respect the will of the electorate!

United States Representatives have introduced bipartisan legislation in Congress — House Bill 6606, The Respect States’ and Citizens’ Rights Act of 2012 — to amend the US Controlled Substances Act to provide that federal law shall not preempt state marijuana laws.

The measure is sponsored by Rep. Diana DeGette of Colorado, and is co-sponsored by Reps. Blumenauer (OR), Coffman (CO), Cohen (TN), Farr (CA), Frank (MA), Grijalva (AZ), Lee (CA), Paul (TX), and Polis (CO). It has been referred to Referred to the House Committee on the Judiciary.

“I am proud to join with colleagues from both sides of the aisle on the ‘Respect States’ and Citizens’ Rights Act’ to protect states’ rights and immediately resolve any conflict with thefederal government,” said Rep. DeGette in a prepared statement. “In Colorado we’ve witnessed the aggressive policies of the federal government in their treatment of legal medicinal marijuana providers. My constituents have spoken and I don’t want the federal government denying money to Colorado or taking other punitive steps that would undermine the will of our citizens.”

Added Rep. Polis, “The people of Colorado and Washington voted in overwhelming numbers to regulate the sale of marijuana. Colorado officials and law enforcement are already working to implement the will of Colorado voters, and I look forward to continuing to work with my colleagues in Congress and officials in the administration to deliver clear guidance that ensures the will of the people is protected.”

House Bill 6606 states, “In the case of any State law that pertains to marihuana, no provision of this title shall be construed as indicating an intent on the part of the Congress to occupy the field in which that provision operates, including criminal penalties, to the exclusion of State law on the same subject matter, nor shall any provision of this title be construed as preempting any such State law.”

While it is unlikely that members of Congress will address this measure in the final days of the 112th session, it is anticipated that Representatives will reintroduce the measure in 2013. Nonetheless, it is important that you begin getting in touch with your House members now and that you urge them to respect the will of the electorate. A pre-written letter in support of HR 6606 will be sent to your member of Congress when you visit NORML’s Take Action center here:

http://www.capwiz.com/norml2/issues/alert/?alertid=62198956

Sincerely,
The NORML Team

Yet, it’s hard to argue with critics and public officials who keep pointing out that none of our state laws matter so long as our federal government says the plant is illegal.  Something Chris Williams likely knows all too well, sitting in a prison cell despite his well-documented efforts to follow state law to the letter.  As do war veterans, city employees and countless others who live in the state but are employed by companies who feel entitled to drug test their workers because federal law says its okay.  Insurers also fail to recognize the plant as medicine because it is still classified as a “schedule I narcotic” by the federal government and, subsequently, our state’s own drug scheduling (which is essentially a mirror of the federal law, much like our state’s constitution is a mirror of the original.)

Now that two states have successfully legalized marijuana for all adults, most people involved with NORML and other drug policy reform advocacy groups are convinced the solution is to keep pushing the case through the court of public opinion and changing laws in individual states through ballot initiatives.  Yet, this is guaranteed to take a huge amount of concerted effort and (obviously) a lot of time.  But, so I’ve been told more times than I care to count, this is the way it must be done.  If, for no other reason, because that’s how alcohol prohibition was finally overcome.  My conclusion, however, is that we are missing out on a much simpler, faster and more just way of fixing our laws; both on a local and federal level.

The key here, believe it or not, is the federal government’s own Controlled Substances Act (CSA); which presently classifies marijuana as a “schedule I narcotic” and is what drug warriors invariably use to defend these misguided policies.  Specifically, what I’m referring to are the guidelines painstakingly laid out in the CSA that explain what is to be done if a substance (in this case, marijuana) is found to have medical use.  The intent of the law is clearly NOT to prevent the herb from being used as medicine simply because it is classified as “schedule I”; as it has been falsely construed by those seeking to defend the current policies.  Rather, it says that any substance being recommended by physicians and proven not to meet the strict qualifications for being deemed “schedule I” is to be re-evaluated on a scientific basis by the Attorney General and either reclassified to an appropriate schedule or removed from the scheduling process altogether (like alcohol and tobacco.)

Obviously, A.G. Eric Holder, Jr. isn’t exactly chomping at the bit to properly address the glaring contradiction of the plant’s widespread medical use and outdated status as a dangerous narcotic.  But, the mainstream press is finally paying close attention to this ongoing battle over medical freedom and advocacy groups including Montana NORML are helping to shape the exponentially increasing public debate.  Leaving the defenders of prohibition with no place left to hide, if we play our cards right and start working with each other for a change.  This “us versus them” mentality, where we ask people to choose between a failed prohibition or a relatively untested “legalization”, has created a false paradigm that neglects basic facts and massive human rights violations.  Something that’s become all the more urgent and apparent now that the United Nations’ drug czar has called on President Obama to prevent Colorado and Washington from following the obvious will of their citizens.  Ironically enough, at the same time as many Latin American leaders are using these votes and increased media scrutiny to call for a drastically improved approach to our international drug war.

In a recent speech, President Obama said of the impending ‘fiscal cliff’ and potential for tax hikes among the middle class that “It’s too important for Washington to screw this up.”  He’s also encouraged the public to bum rush Congress with Twitter hashtag #my2k, in an apparent nod to the ever increasing power of social media to influence policy decisions.  My suggestion is that the vast legions of people working to reform our marijuana laws need to follow his lead and use social media networks to reshape the conversation now unfolding practically everywhere you look.  This new direction may not fit easily into a hashtag, but it can be broken down simply enough to where our representatives will have no excuse for ignoring it.

Over 80% of the country now supports people’s right to use marijuana as medicine, so why does our government insist on classifying it as more dangerous than cocaine and methamphetamine?  It’s not a question of whether or not we should be legalizing marijuana, it’s a question of why our government still refuses to accept the undeniable reality that marijuana has medical uses and is far safer than practically anything the pharmaceutical companies have ever derived from mother nature.

State lawmakers here in Montana will have the opportunity to address these glaring contradictions in their upcoming legislative session; which is something that both the democratic and republican parties acknowledged as a priority in their official platforms prior to the election.  We also have an incoming Governor who happens to be the current Attorney General and came out publicly in favor of repealing the infamous SB423.  It is not only imperative these people work together and come up with a real solution to this ongoing trainwreck of wasted resources and ruined lives, it is OUR job as their constituents to make sure they finally get it right and start leading the way forward.  Send a brief letter to the editor, contact your local representatives and help educate your friends about the facts; particularly on the relative safety of medical cannabis, pot, marijuana, ganja, or whatever else you want to call it.  The time for reform is now; and, like it or not, we are each responsible for making it happen.

Last week, 4-year-old Cash Hyde died following a lengthy battle with brain cancer.  He had previously sent the deadly disease into remission twice; but, after the law changed here in Montana last year, it became very difficult to procure the high-CBD cannabis oil which had helped him beat the odds in the past.  As the story continues getting more and more press coverage, many have speculated that our state legislature’s regression into legal insanity was largely to blame for his death.  In spite of herculean efforts from his family and legions of supporters, he had gone over two months without access to his medicine; and many more with a severely rationed supply, due to the irrational restrictions our lawmakers put on his father and “registered provider.”  His remarkable legacy lives on, thanks to the Cash Hyde Foundation and their much appreciated dedication to spreading the truth about this plant’s vast medical benefits.

There is also an abundance of evidence that both our state and federal governments’ lack of respect for the medical utility of cannabis led directly to the shockingly brutal death of Richard Flor on August 30th.  Less than one month after U.S. District Judge Charles Lovell had stated that Flor’s injuries were under control and that the prison facilities could manage his health requirements.  Mr. Flor’s attorney and family unequivocally blame the justice system for failing to provide adequate medical care.  Plans are now in motion to file suit; meanwhile, the story of his terribly inhumane suffering has been spread far and wide.  Thanks to the enormous reach of drug policy reform networks, both here and abroad.

Another case here in Montana which keeps making headlines, plus helping sell lots of newspapers and online advertising dollars is the escalating public outcry for the immediate release of Montana Cannabis co-founder Chris Williams.  There is way too much coverage for me to list it all here, but a quick rundown includes:   two online petitions started in the last several days which have already accumulated over 18,000 and 19,000 signatures; an in-depth piece by the British newspaper the Guardian asking Will Obama’s second term see an end to the failed ‘war on drugs’?; plus multiple popular articles featured on AlterNet and Reddit.  He was also featured in a recent Op/Doc video and article at the New York Times by Rebecca Richman Cohen, Director of “Code of the West”; who happens to be well on her way to funding the campaign on kickstarter.com that’s going to extend the film to include discussions of the continuing insanity we now face.  For more information and the latest updates on Chris’ battle, please visit our friends at Free Chris Williams.

Montana’s legislature and our ongoing battle over basic human rights is quickly becoming an international news sensation!  Whether the Milburns and Essmans of the world like it or not…  A development which is also hopefully going to keep shedding more light (and funding) on the critical lawsuit still being championed by the Montana Cannabis Industry Association which has been preventing the full brunt of SB423 from taking effect since it was inexplicably allowed to become law last year.

Meanwhile, the staggering death toll from pharmaceutical concoctions is also getting lots of attention in the media; even from outfits like CNN, who apparently is still oblivious of the deep connection between the tragedy detailed below and our failed prohibition of cannabis.  Which I, sadly, didn’t see mentioned anywhere in the article, video or in the thousands of comments left discussing the brutal dangers of using opiates as our primary means of serious pain relief.  Leaving me to wonder if the ‘news’ organization is actively censoring their comments to prevent rational discussion of solutions, or if their dwindling number of followers are really still that ignorant of reality.

Accidental Prescription Drug Overdoses [CNN 11-16-12] — youtube.com

Is Obama trying to escalate this into a full-blown Civil War?

Perhaps the most disturbing thing about what’s happening here in Montana is that it’s far from an isolated case.  All across the country, even in other states where their medical laws at least have some semblance of rationality, people are suffering and dying because doctors feel safer prescribing dangerous opiates than an herb which has never killed anybody.  Likely because insurers are still failing to acknowledge widespread proof of the herb’s remarkable efficacy and safety profile.  While alcohol producers continue funding much of the propaganda being spread across our mainstream media pretending that “stoned” drivers and people who merely use the herb for responsible recreation are an unacceptable threat to society that warrants a continuation of the policies virtually everyone agrees have failed miserably.  Just like they did with alcohol, a substance proven to be far more dangerous to both the individual and society on every level imaginable.

The reality is that science doesn’t lie (most of the time) and practically all public servants have integrity.  But, sadly, many of our local police departments and other civil services rely on federal tax dollars for significant portions of their funding.  Something those of us who remember the days of “reasonable and prudent” speed laws here in Montana know all too well.  But, do you know how much of an effect the blackmail our government pulled back then had on the speed of drivers here under the big sky?  Zero.  The average highway speed before, during and after our laws went back and forth stayed right at 72mph.  Notably below the 75mph encouraged by a federal government who appears completely ignorant of how changing conditions here effect the safety of our highways.

While the Seattle police department has released a wildly popular guide to getting legally stoned and the governors of both the lucky states have agreed to uphold the will of the people, there are still people like Spokane’s Chief of Police Frank Straub.  Who recently said this:  “We’re going to have to be careful because the last thing we want to do is end up with the Spokane Police Department… sued by the federal government.”  And this:  “It’s going to be very difficult for the state and the city to act contrary to federal law enforcement.”

Straub’s comments seem to echo the sentiment I have personally encountered by the various people in our justice system who I’ve had the pleasure of dealing with locally.  Thanks to a ‘manufacturing’ felony that I recently got handed for growing medical cannabis after the law was changed and it became virtually impossible to find a doctor or provider willing to operate in the state under our impossibly dysfunctional new law.  Maybe fear has simply become their knee-jerk reaction to any conflicts with the dreaded federal bureaucracy, or maybe they’ve already gotten a memo that Obama’s administration hasn’t bothered mentioning to the press yet.

The point is, our newly re-elected leader’s inability to deal with reality has set the stage for what guarantees to be an epic showdown over state’s rights and the lack of accountability in our government.  If he doesn’t wise up real quick, and maybe even take a few puffs while he ponders these most critical issues at a pivotal point in our nation’s history; then, all I can say is it’s going to be fun watching his critics destroy his already questionable reputation in the media.  Not that I want to see him fail, quite the opposite; but, if he still doesn’t have the courage and fortitude to side with the overwhelming majority of the public against this bloody, unjust and fruitless war then he doesn’t deserve any respect whatsoever.  Neither do the laws he keeps hiding behind, despite surely knowing how future historians will view their blatant contradictions.

Perhaps he would like to start by explain why the Controlled Substances Act clearly is intended to prevent accepted medicines from being labeled “schedule I” drugs and not the other way around; in this parallel universe, where our lawmakers have the right to tell us what we can or cannot use as medicine.  Which, as anyone in Montana or anywhere else on this continent likely understands is a gross misuse of power that no government should ever employ against its sovereign citizens.  Least of all a Montana legislature who had the gull to pass the now infamous “Code of the West” BILL last year alongside the garbage which has already destroyed far too many lives in this precious state of ours.

Our legislature has a unique opportunity to correct their past mistake while under the media spotlight

In the wake of the recent election, many things remain uncertain; but some interesting facts have become glaringly obvious.  Here in Montana, we just elected our sitting Attorney General to the highly coveted seat of Governor; a battle he narrowly won, myself and others speculate due to his outspoken opposition to the legislative sham known as SB423.  And that video of now President Obama talking about the failures of our drug war back in 2004 is not going away any faster than his record of campaigning on the promise not to “waste” taxpayer funds going after people legally using cannabis for medical reason in states where it has been legalized.  If our state’s legislature continues to ignore these obvious facts and does not fix our cannabis laws properly, then our state will unfortunately remain the laughing stock and brutal tragedy of ineptitude which it is today.

So, as it turns out, we have the opportunity right now to actually start leading the way forward in meaningful drug policy reform for a worldwide audience that has every indication of continuing its exponential rise.  In light of these facts, Montana NORML will be working with our many allies to compose a bill to be presented to our state representatives in hopes that they will take their responsibilities seriously and do what’s necessary to end the longest and most counterproductive war our country has ever waged.  They can even do so in a fashion which President Obama may find acceptable, because it doesn’t require the “legalization” of anything.

Please note that I am not a lawyer or claim to understand all of the legal underpinnings of our state and federal governments.  With that being said, here is the route that countless hours of research over the past several years has led me to conclude is the “proper” way to end our failed prohibition of cannabis in Montana and the United States of America:  follow the protocol explicitly described in the Controlled Substances Act (CSA) on the federal level — and our state’s echoing laws — by removing the herb from the scheduling system altogether.  Give it a legal status modeled after our present dealings with alcohol and tobacco.  Surely our Governor-elect (and sitting Attorney General) can work together with President Obama (who also happens to be a former Constitutional law professor at Harvard, where his fellow alumni include Rebecca Richman Cohen and the greatly respected author Lester Grinspoon) to finally put a stop to this bloody war.

Inevitably, we must address the question of how and when to tax the herb.  My suggestion, which is definitely open for debate and reconsideration, begins with the belief that medicine should not be taxed.  However, I also have seen first-hand the ways a system of regulations gives preferred status to those who can afford to jump through all of the necessary hoops of becoming a certified “medical marijuana” patient.  Luckily, I am also well aware of the unprecedented opportunities for helping our ailing economy and environment that this humble plant offers us in this time of great need.  Because I am in the midst of developing a business centered around turning medical cannabis “waste” into high-quality organic fertilizer and a myriad of products, starting with paper and canvas.  Eventually it’ll be used for making clothes, automobiles, buildings and lots of other cutting-edge technological wonders.

This may sound hard for many people to believe, I know it’s personally taken me literally decades to comprehend how much of an impact this one plant can have on our society and planet.  But, the potential is very real and incredibly tantalizing in the eyes of an “underemployed” mechanical engineer who would like nothing more than to someday be following in the footsteps of Henry Ford in his quest to “grow our transportation” using hemp-based technologies.  Which can, thankfully, be bootstrapped with the help of necessary infrastructure my current business venture is going to provide.  More details on this project will be available very soon.

If you are interested in helping us to craft the legislation outlined above and get it discussed by our state’s upcoming legislative session then please do the following:  leave us a comment below or send us an email at norml@montananorml.org, include your preferred means of contact and mailing address (or just your name and legislative district, if you prefer.)  Here’s a map.  We are going to compile the information and begin contacting your representatives in as many of the state’s 100 districts as we can find constituents willing to put your names on “a list.” Please also include any suggestions, criticisms or whatever else you’d like to add to the discussion.

Finally, I’d just like to say thank you to everybody who continues to support this most worthy of causes.  Your hard work and dedication is already helping our great state to lead the way forward through these difficult times.  It may not always feel like it down in the trenches of battle, but we really are winning this bloodiest of wars.  For any doubters out there, which is perfectly understandable given what our state has endured over the last year, please consider the following insightful article and countless others like it finally coming to the attention of our mainstream media and politicians struggling to comprehend the magnitude of what this humble plant actually means to the future of our society and endangered planet.

Media Ignored Expert’s Shocking Findings That Marijuana Helps Prevent Lung Cancer: Now It’s Med-School Material

The bill’s author, Senator Jeff Essman, has been documented as saying he wanted to get the number of legal medical cannabis users below 2,000 for the entire state.  An obviously arbitrary number based on his personal feelings regarding those who prefer natural medicine to notoriously dangerous pills.  Yet, the way this legislation was presented to voters unquestionably left many under the impression a vote “for” IR-124 was a vote affirming their support for medical use of the herb.  Probably because the description of SB423 indicates qualifying patients are permitted “to grow marijuana or designate a provider…”

If I hadn’t personally been involved with efforts to overturn the horrible bill, it would have been all too easy for me to read that one provision and falsely cast my vote in favor of this garbage.  Exactly like, I’d wager to bet, tens of thousands of Montana voters accidentally did.  In spite of extensive grassroots efforts across the state to educate voters on the subject, which largely fell on ears deafened by the constant stream of attack ads from Karl Rove and the various out-of-state interests wrestling for control of our government offices.  A stark reminder of the power money has over all facets of life under the big sky and everywhere else.

Yet, judging by what happened across the rest of the country this past week, the influence of capitalism is not always evil.  Colorado, Washington and Massachusetts successfully improved their cannabis laws precisely because of the political influence money buys.  Leaving all of us poised for more sane drug policy, thanks to the greedy desires of various large corporations looking to take advantage of the golden age of cannabis-related products and businesses.

Some people are deathly afraid that legal cannabis will translate into being forced to purchase an inferior product from the likes of Wal-Mart; however, this scenario neglects a basic understanding of how capitalism functions.  Large retailers undoubtedly want a piece of the pie, but that’s not going to stop local growers from offering a superior product for the discerning consumer.  The threat of pharmaceutical companies limiting our choices to the pills concocted in their labs is yet another paper tiger, so long as the legions of cannabis freedom fighters keep their focus on basic human rights and the failings of prohibition.  Which shouldn’t be difficult, given the amount of carnage our failed drug policy keeps producing despite the billions of dollars we continue shelling out for the endless war…

Private prisons, urinalysis experts and others dependent on the current system are not simply going to disappear overnight or give up fighting anytime soon; yet, their influence over lawmakers is waning as legal cannabis producers and consumers keep gaining stature in our quickly evolving culture.  Dick Cheney and friends may not like it, but the smart money is now focused on sustainable industries rather than incarcerating more and more people for use as slave labor.  Apparently, it is much more profitable in the long run to offer people something they want than it is to feed, clothe and house them in exchange for stamping license plates and digging trenches on the government’s ever-more-scrutinized tab.  Wells Fargo’s recent decision to drop their investments in Geo Group, the nation’s second-largest private prison company, by 75% (a difference over $150,000,000) is a prime example of the sea-change now occurring beneath our feet.

Obviously, these ongoing changes have not given Montanans safe access to cannabis or gotten Chris Williams and the countless other non-violent ‘offenders’ out of prison yet.  However, they do provide a great platform for displaying the vast benefits of establishing sane drug policies.  Giving us important leverage for convincing our state’s legislators that it behooves them to stop dictating who gets the freedom to choose their own medicine, recreational tool, divine sacrament or whatever else you want to call it.  Once our representatives understand where the real money and societal benefits are coming from, Mike Milburn and Jeff Essman won’t be getting much traction with their old prohibitionist rhetoric.  Particularly since our embattled state is no longer at the forefront of an imminent showdown with the federal government over states rights.  On this issue, anyway.

Civil War Gives Way to Better Government, Better Food, Better Health and Unlimited Prosperity

Throughout history, wars have often been the catalysts for major technological innovations and the drug war has been no different.  We’re not talking about the submarines used for smuggling cocaine or the proliferation of night-vision equipment among local police departments.  It’s rather the social networking and various communication tools which have been developed extensively by those working to end prohibition that hold unimaginable power to improve far more than our country’s drug policies.

We are fundamentally restructuring the entire government, by laying the groundwork for a much more transparent and accountable form of representative democracy.  In addition to pioneering the increasingly widespread use of direct democracy to override legislative incompetence and/or corruption.  Both of which are serious underlying problems that are responsible for allowing the drug war to last as long as it has.  And both of which are largely responsible for all of the other major failings within our state and federal governments.  Meaning our work is clearly not done after prohibition has finally been dismantled, but we ought to have plenty of allies willing to pitch in and help us now that the general public is far more aware of the real problems we face and how they can be overcome.  Or, more precisely, how we can “overgrow” the government; as Marc Emery has been patiently explaining for decades.

Montana citizens suffered a major setback when SB423 gained official voter support, even if much of it was unintentional.  Yet, it is critical to remember we don’t live in a bubble and nobody really wants to be on the wrong side of history.  As the Executive Director of national NORML recently stated:  “the die for major cannabis law reforms is now cast…The proverbial light at the end of the tunnel is before us all.“  Our job now is to get this message across to the representatives across our great state and remind them of how Montana helped lead the nation away from alcohol prohibition in exactly the same way Colorado and Washington have just ended cannabis prohibition.  The major difference here are the countless benefits of embracing a symbiotic relationship with both the medicinal and industrial varieties of this plant.  Which has been the backbone of most advanced societies throughout history, including our own country for well over one hundred years before it was relegated to empowering the black market.

Getting our lawmakers to craft reasonable policies surrounding this plant during their upcoming legislative session (which starts January 7th) is not going to be an easy task.  But, particularly in light of the hardships which have befallen those in our state who have tried their best to follow an ever-changing and contradictory set of laws, it is necessary and within our reach.  Just like with everything else in life, our success or failure here will depend largely on what we allow ourselves to believe is possible and the amount of concerted effort we are willing to put forth.

Montana NORML looks forward to working with our many allies to help our legislature implement cannabis law reform that will be beneficial for us all.  We also strongly encourage the citizens of Montana to stand up with us and help educate their representatives on the advantages of creating workable laws that respect our inalienable human rights and freedom to choose our own medicine.  Please take the time to send your representatives and local media outlets a brief, respectful letter explaining why you support meaningful reform of our failed cannabis policies; medical and otherwise.  If you can afford it, please also consider donating to Montana NORML so we can increase our media presence and bring truth to power at this critical juncture.

Now is the time for us to make history.  For more information on how to get involved and what needs to be done, here’s an extremely informative piece from the “Prince of Pot” himself:  Marc Emery’s Advice for Aspiring Activists.  There is no doubt many people across this state have put in lots of effort this past year which has not exactly paid off yet, but we are much closer than you might think to ending this senseless war.  Thank you all for your hard work and dedication.  And remember, it’s always darkest just before dawn…

Code of the West, Official Trailer | vimeo.com

If voters reject the farce of SB423, our state could be on the fast-track to developing the best medical cannabis laws in the nation. This is due to a variety of reasons, most notably that both major parties have made “fixing” our medical cannabis law a priority for the next legislative session. Which starts in January, two months after two or three other western states will most likely have legalized the herb for all responsible adults. As upwards of twenty states will continue grappling with the impossible duality of enforcing two very different laws — depending solely on whether or not a person has the means, economic and otherwise, to obtain a state-sanctioned license for medical use of the herb.

However, this by no means is a suggestion that our state needs to follow the legalization methods of Colorado, Washington or anywhere else. It will do us far more good to learn from their mistakes and implement a system which eliminates the problems their contradictory policies (like our current ones) only serve to feed.  Problems that have led to the deaths of far too many Montana citizens and continue subjecting tens of thousands to cruel and unusual suffering because some of our legislators feel they have the right to play God.

Anyone who doubts that our insane drug laws are killing innocent people needs to think again.  Here are just a few of the more tragic cases here in Montana over the past few years:

Scott Day died in September 2008, shortly after his home was raided by the federal drug task force:
http://missoulanews.bigskypress.com/missoula/the-impact-of-scott-days-death/Content?oid=1138669

Robin Prosser committed suicide in October 2007 because she didn’t have access to the strain of medical cannabis she used to manage her immunosuppressive illness.  This is a Letter to the Editor she wrote 3 months prior to her death:
http://billingsgazette.com/news/opinion/guest/guest-opinion-dea-thwarts-montana-s-medical-marijuana-law/article_2767cb76-7f00-5da9-8b27-6665fe16fc10.html

Richard Flor passed away in August 2012, while in police custody; due to serious medical neglect because the medicine he’d been using to treat his many serious ailments was scoffed at by our ‘justice’ system:
http://news.nuggetry.com/medical-marijuana/montanas-first-medical-marijuana-caregiver-richard-flor-passes-away-in-prison/

Regardless of what happens on Nov. 6th in Montana and elsewhere, the need for our state and country to address our failed drug war will only become more urgent. As illustrated by the other new documentary film by an award-winning director, “The House I Live In”; which also happens to have been produced by Brad Pitt, Danny Glover and a list of other highly respected names.  Montana NORML is presently working with the film’s distributors to bring a series of screenings to the state.  If you are interested in helping bring the film to your community, please contact us at norml@montananorml.org.  Here’s the official trailer:

The House I Live in Official Trailer #1 (2012) Drugs Documentary HD — YouTube

On a fundamental level, the problem is very simple: it is patently absurd to treat the same plant as “evil” or as medicine, depending upon the papers one might possess. All of our problems with drug enforcement and, consequently, with the inability to successfully combat other (real) crimes, stem from this fundamental problem; combined with the misguided notion that treating addiction like a violent crime is doing anybody any good. Which it is not, even with respect to the prison guards; unless they have already put in almost enough time to draw a decent pension.  Highlighting the need for those in law enforcement and other affected industries to embrace reality and entertain serious discussions on how to go about dismantling this counterproductive, expensive and brutal war.

If our state’s and others’ citizens vote in support of people’s right to use this plant for various purposes; then, our elected officials will have an undeniable mandate to stand up and protect our freedoms against the tyranny of an unaccountable federal government. Something which we will be happily reminding them of in coming months, even if the vote somehow doesn’t come out in our favor.  Because there is no longer any doubt the public favors an end to our country’s war against cannabis users and growers altogether.  It is now only a matter of how…

We live in a world of increasing transparency and interconnectedness, where atrocities such as the continued persecution of Chris Williams here in Montana are receiving LOTS of public attention.  Just how much attention?  Enough to reportedly get a negative reaction from the judge originally scheduled to preside over his release hearing, which has since been rescheduled with a different judge on November 7th, 9:00am in Great Falls.

Supporters are encouraged to send both Judge Strong and Judge Christensen letters urging the release of Mr. Williams pending appeal. If you can be in Great Falls on the seventh, please consider respectfully showing your support at the courthouse that morning at 9:00am.

send your letters to:

The Honorable Judge R. Keith Strong
U.S District Court – Great Falls
125 Central Avenue West
Great Falls, MT 59404
FAX: (406) 727-7648

The Honorable Judge Dana Christensen
U.S. District Court – Missoula
201 E. Broadway
Missoula, MT. 59802
FAX: (406) 542-7284

More information can be found at Free Chris Williams, including a sample.  It is also likely the judge’s decision could be influenced by the results of Tuesday’s vote concerning IR-124.  Even if they continue keeping any discussion of state law away from the jury, they simply cannot ignore the growing dissatisfaction of the public with the continued brutalities of this failed war on personal freedom.  But, this is only likely to happen if cannabis supporters all across the state make their voices heard by voting AGAINST IR-124(SB423.)  And by supporting candidates who support our medical freedoms, as outlined nicely in the Montana Cannabis Voting Guide.  That way we might end up with some representatives capable of implementing real, effective change in our government.

It is also important to note that the Montana Cannabis Industry Association continues waging the battle against SB423 in the courts.  Successfully preventing the entire law from going into effect and completely undermining safe access by not allowing providers to be compensated for the extensive efforts of growing quality medicine.  There are many other frustrating pieces of insanity built into SB423 which the courts have already allowed to go into effect, meaning a successful vote against SB423 will have great benefits for many thousands of people with serious ailments who are presently unable to obtain a state license (because the bill in question was specifically engineered to prevent people from having safe, legal access to the medicinal herb.)

On a personal note, the defeat of SB423 will mean a great deal to my future health and career goals.  In part, because I intend to start recycling medical cannabis stalks into useful products and organic fertilizer once the legal industry gets back on its feet again.  More details on this project will be available soon, please contact me via gonzo0013@gmail.com if you’d like to help.  The reason I need safe access to medical cannabis is simple:  I have a deadly allergy to opiates and suffer from severe joint pain in my right knee, the fault of an old sports injury which resulted in the loss of most of my cartilage at the age of sixteen.  My only other options are expensive, experimental pharmaceutical drugs or alcohol; both of which come with serious, even deadly side-effects.

Right now, I’m facing a felony and three years supervised probation (with loss of medical freedom if SB423 stays in place); because I failed to stop growing a personal amount of the herb last year after my card expired and the new law — plus the federal crackdown — made it impossible to find a willing doctor for many months.  So, I had the pleasure of being raided by roughly half a dozen state drug task force officers; none of whom seemed particularly eager to defend their unconstitutional actions.  Other than to say they were just doing their jobs, while admiring the plants and eagerly inquiring about the particular strains.  The same careless sentiment being displayed across the board from government employees all over the nation.

Even I am guilty of playing along with their games, by taking a plea bargain in order to keep myself out of prison; rather than trusting my would-be jurors to know about jury nullification and exercise that right, in spite of directions from the judge which oddly seem to suggest otherwise.  Perhaps this is why I feel that bringing public scrutiny to the ongoing case against Chris Williams is of such importance to the future of cannabis laws and enforcement in Montana and beyond.  And why I feel it is so important for us, as responsible citizens, to voice our disapproval of SB423 at the polls.

Obviously, no one person can singlehandedly “win” the drug war; which vast legions of dedicated citizens have been fighting against for many decades.  Yet, the trial of Chris Williams is poised to take center stage in the legal unraveling of this insane war on medical cannabis users and providers.  It seems the idea of a candid, up front and honest business man doing almost ninety years in prison for supplying medicine in compliance with state law doesn’t even sit well with the prosecuting attorneys anymore.

“Unorthodox” is the term used by attorney Michael Donahoe to describe the recent offering of a plea agreement to his client.  In twenty-eight years of being in the profession, he’s never seen prosecutors offer to withdraw roughly 86% of a convicted felon’s sentence for giving up the right to appeal.  Now, Judge Dana Christensen is going to hold a hearing on November 1st in Great Falls to decide if Williams should be released on bail while awaiting his appeal.  A rally is scheduled that day, at 9:00am in front of the courthouse, to help the judge make the right decision.

Meanwhile, over in California, their high courts are setting new precedent by acknowledging the rights of medical cannabis users and providers to use state laws as a defense in court.  Exactly what, many of us know all too well, was prevented from happening in Chris Williams’ case and would have been done if anybody else had chosen to fight rather than accept a plea bargain.

For some reason, Montana’s high courts have continued to take a very hard line approach against recognizing the medical utility or legal use, cultivation and sale of this plant.  However, in light of what Montana’s own Attorney General and candidate for Governor Steve Bullock has recently said combined with everything else that’s happening in the state and across the nation, this stance appears bound for change.  Which has apparently just begun, in the form of a temporary restraining order granted by Judge Reynolds that is now keeping the full effects of SB423 from going into effect.

At the same time all of this is going on, two other major cases are unfolding through our federal court system.  What this all means for the future of cannabis in the U.S. is still very much up in the air; yet, it may well be the overwhelming blowback from efforts to destroy Montana’s medical cannabis program and upstanding citizens that finally settles this issue in court.  To some degree anyway, by following the precedent set recently in California’s 4th District Court of Appeals decision to protect the rights of medical cannabis users to participate in legitimate trade of the substance and, as mentioned above, use of compliance with state law as a defense in court.  Leaving prosecutors without anything but an empty threat, which more and more judges are getting sick of wasting their precious time and resources with.

If this all seems too good to be true, as it did when I first read various articles on these cases; then, think again.  In what most are reporting as a somewhat unrelated incident, Wells Fargo has just caved to public pressure and pulled the majority (75%) of their investments away from private prisons.  Not to minimize the extensive efforts which hundreds, or more likely thousands, of people went through to pressure the company; but, at the very least, it’s a savvy business move in the wake of a decision that will have a huge impact on prisons in Califoronia and beyond.

Given that so many wealthy bank executives are somewhat likely to spend time in the treasure state, it’s not unreasonable to conclude the negative press regarding the criminal treatment of the late Richard Flor in a private prison in Shelby, MT; had a little something to do with Wells Fargo’s decision as well.  Likewise, with how much press and outside interest his tragic death has already generated; there is also little doubt the courts in California were aware of his brutal treatment and the public outrage it continues to fuel.  But, at this point, we can only speculate on whether or not they had the ongoing case against Chris Williams in mind when ruling that compliance with state law is a legitimate defense in court.

This situation is obviously going to take a while to play out before anything really gets settled; yet, it seems certain to improve substantially for those of us here in Montana and numerous other states very soon.  Like, in a couple weeks; regardless of how much ignorance our state’s Supreme Court continues to display, as long as we successfully defeat SB423(IR-124).

On the federal level, we have an Attorney General who is not saying a word about the medicinal herb; while two out of three states are likely to legalize the plant for use by all adults.  It has been widely reported that all of the former drug czars are calling on AG Eric Holder to issue threats, however none have been forthcoming.  My personal speculation is that he doesn’t want to further deny the medical utility of cannabis out of fear of future prosecution.  Ironically, a notion that only seems plausible because Republicans have been using every means at their disposal to attack the AG for political reasons…

In yet another related case, the DEA’s own judge ruled “in favor of removing the government obstruction to medical cannabis research in the United States.“  Which, to the best of my knowledge, means removing it from the status of a “schedule I narcotic.”  If this is not a recognition of the current medical use of cannabis in the United States, I don’t know what it’s lacking.  Perhaps some lawyer or DEA agent out there would be kind enough to provide some insight?  Either way, it does also have the effect of bringing the scientific results of cannabis research back into the court system where it belongs.

Getting back to the situation here in Montana, we are set to find out on Thursday if Chris Williams will be set free pending his appeal.  Judge Christensen will hold a hearing on November 1st, at the same time Judge Jim Gray will be giving a speech about the failings of our drug war on the University of Montana-Western campus in Dillon.  He is the Libertarian candidate for Vice President, a member of Law Enforcement Against Prohibition and author of the book, “Why Our Drug Laws Have Failed and What We Can Do About It.“  Judge Gray will be giving a speech and answering questions on October 31st at the Montana State University campus and will be at the U of M in Missoula 6:00pm on Thursday.  According to his facebook page, he is also scheduled to be back on campus the following day, Nov. 2nd, at 11:00am.  In the University Center’s third-floor ballroom.

Judge Christensen is also hopefully going to be influenced by all of the letters currently being sent on Chris’s behalf and an online petition which has already collected over five hundred signatures in roughly a day.  Click here to add yours.  For now, I’ll leave you with a few words Chris Williams sent to the Helena Independent Record reporter, Eve Byron; who’s been kind enough to give his case some of the attention it deserves:

“I have decided to fight the federal government, because for me not defending the things that I know are right is dishonorable,” Williams wrote. “Every citizen has a responsibility to fight for what is right, even if it seems like the struggle will be lost.

“It is the power of the people to control this government that is supposed to protect us. If we shun this struggle, this government will control us instead of protecting us.”