FEDS Thump On Montana

[dustin27]

Senate Bill 423

Senate Bill 423

Montana Senate committee OKs medical marijuana law replacement


HELENA - The Senate Judiciary Committee on Friday approved a bill that will repeal Montana's current medical marijuana law and replace it with a much stricter regulatory system designed to drastically reduce the number of cardholders and squeeze the profits out of the industry.
Senate Bill 423 by Sen. Jeff Essmann, R-Billings, cleared the committee by a 10-2 vote after some major amendments, including the repeal language, and will be heard by the full Senate on Monday. The current law would be repealed July 1, with the bill setting up a transition schedule.
The 49-page bill, written in less than a week by a three-member subcommittee, is on the legislative fast track, at least in the Senate. It received mixed reviews in a hearing earlier Friday.
Sen. Greg Hinkle, R-Thompson Falls, who voted against the bill, said, "I think we've gone way too fast on this thing."
Also opposing the bill was Sen. Larry Jent, D-Bozeman, who favors a repeal.
But Sen. Anders Blewett, D-Great Falls, said, "I think this bill moves us in the right direction. The number of cardholders is going to diminish dramatically. We need to do something about medical marijuana. The people of Montana want us to regulate it."
He said he fears if this bill fails to pass, voters will repeal the 2004 voter-passed law, depriving those people who need medical marijuana of access to the product.
Critics say the industry has reeled out of control since the fall of 2009 and needs to be reined in.
Defenders have criticized lawmakers for repealing a law that 62 percent of the voters passed in 2004. Some people have testified that medical marijuana has helped treat a variety of maladies far better than narcotics prescribed by doctors and without the side effects.
From the start of the subcommittee work, Essmann made it clear his goal is to reduce the number of people with cards authorizing them to use medical marijuana from the current 28,300 people to no more than 2,000 by making it harder for people to get cards for severe and chronic pain. Some legislators believe that is where the current law is being abused the most.
***
To obtain a card for severe and chronic pain, patients would be required to have to an established professional relationship with a primary-care physician that includes at least four visits in six months. A doctor who is a pain management specialist, would have to review the patients' records and concur.
It would ban storefront medical marijuana dispensaries and any forms of advertising or promotions for the product. It also seeks to squeeze any profits out of the system by requiring those growing the marijuana to sell it for what amounts to a cost basis or nonprofit basis only.
Authorized people could grow their own restricted supply of marijuana or use a volunteer assistant. For those living in apartments, nursing homes or hospices who are forbidden to grow their own medical pot, they could obtain it from a nonprofit grower and have it delivered by a licensed courier, who would have to notify law enforcement officials before making deliveries.
HB423 would make the Montana Public Service Commission the licensing agency.
However, PSC Chairman Bill Gallagher, R-Helena, testified earlier in the day that the commission, which regulates utilities and transportation companies, voted 5-0 to oppose being assigned as the licensing and regulatory agency for medical marijuana. The PSC already has has "a full plate of important utility cases," he said.
"This is not a job anyone wants to take on," Essmann said.
If HB423 passes the Senate, it could face a serious challenge in the House, where Speaker Mike Milburn, R-Cascade, favors repeal, not regulation.
At the hearing earlier in the day, Essmann told the committee "the overarching goal of this bill is to repeal a system that is obviously broken, cleanse the system out and then restore the laws of the state of Montana in a fashion that will recognize the intent of Montana voters in 2004, while removing the air of legitimacy that the dispensaries intended to invoke."
His bill would excise the term "medical marijuana" from state laws and replace it with "therapeutic marijuana."
***
At the hearing, representatives of Attorney General Steve Bullock and associations representing county attorneys, sheriffs, police chiefs, Mothers Against Drunk Driving, physicians and businesses generally endorsed the bill, or in some cases wanted some changes.
Among the qualified supporters was Tom Daubert, an author of the 2004 initiative, who called the bill flawed and hastily written but added, "If it will allow just a handful of patients to live better than otherwise, it will have my support."
Opponents included representatives of Safe Community, Safe Kids, a statewide group based in Billings that favors repealing the law altogether.
"We cannot support a middle ground," said the group's Susan Smith of Billings. "We are for repeal."
Other opponents included medical marijuana patients like Barb Trego.
"I'm afraid this bill would cause the black market to flourish," she said. "It would double the price and bring organized crime back in."
She added that this bill is nothing but "50 pages of wasted ink and wasted paper."
In other news Friday, the House Human Services Committee tabled House Bill 429, by Rep. Tom Berry, R-Roundup. At one time, it was thought to be a major tool for the Legislature to use to crack down on medical marijuana.

Source: http://missoulian.com/news/state-and-regional/article_2332e2fc-572d-11e0-99cd-001cc4c002e0.html

The actual Bill
http://missoulian.com/news/state-and-regional/article_2332e2fc-572d-11e0-99cd-001cc4c002e0.html

 

[hurdy gurdy man]

Change you can believe in.

 

[dustin27]

Current Bill Progress: Transmitted to Second House

 

[CreepyJr.]

the problem was jason christ and his disrespect. it was that fucker that kept harassing the state by smoking bowls outside the capitol building and blowing his hits in the governor's face. If you obtained your card in montana, chances are your a faking little bitch...sick of seeing these fucking kids outside my window smoking a bowl every morning in front of god and his dogs. if you are a part of these ignorant few, go to california where your not raping the people with real medical conditions out of having their medicine. FUCK you if your jaw clicks when you eat...you dont need your fucking card for that assholes.

 

[thingshappening]

the problem was jason christ and his disrespect. it was that fucker that kept harassing the state by smoking bowls outside the capitol building and blowing his hits in the governor's face. If you obtained your card in montana, chances are your a faking little bitch...sick of seeing these fucking kids outside my window smoking a bowl every morning in front of god and his dogs. if you are a part of these ignorant few, go to california where your not raping the people with real medical conditions out of having their medicine. FUCK you if your jaw clicks when you eat...you dont need your fucking card for that assholes.

I know. Damn assholes wanting to live in a free society and indulge in their intoxicant of choice without fear of prison rape and life with a felony.

Burn em all, I say.

 

[decarboxylator]

the problem was jason christ and his disrespect. it was that fucker that kept harassing the state by smoking bowls outside the capitol building and blowing his hits in the governor's face. If you obtained your card in montana, chances are your a faking little bitch...sick of seeing these fucking kids outside my window smoking a bowl every morning in front of god and his dogs. if you are a part of these ignorant few, go to california where your not raping the people with real medical conditions out of having their medicine. FUCK you if your jaw clicks when you eat...you dont need your fucking card for that assholes.

great first post. nice to meet you too!

god has dogs? awesome.

is this guy really blowing hits in the governor's face. I would think he would be arrested for that. You can't even smoke cigs downtown where I live. But then again, Cali is crazy.

 

[decarboxylator]

Okay, get your reading glasses on cause I've got something worth reading. From the exec director of ASA:

Hello everyone,
The MT development is frightening and should not be ignored. I was in MT
organizing against the repeal a few weeks ago and was there when the DEA
raids happened. The following is my assessment of what happened, lessons we
can learn from the situation, and suggested next steps for MT, the medical
cannabis movement, and its allies.

The Montana Situation:

Putting a repeal bill on the Governor’s desk may be a better solution than
the “fix it” bill that the Senate committee developed. The Governor may
find the process appalling and may have felt more pressure to sign a fix it
bill. There is still a real possibility that the voters will be asked to
vote on a repeal bill (the house is planning to put it on the ballot through
referendum). Even though polling is good for support of medical cannabis, MT
is dealing with some major issues on how they want to move forward and there
will need to be a major effort to retain the law.

In order to develop successful campaigns in MT and to avoid a spread of this
situation, we need to take a good look at what got us here. The
proliferation of dispensaries raised very real community concerns that were
mostly ignored by our community. So, those community concerns got louder and
louder until they were heard by the State legislature and more importantly
medical cannabis’ opposition namely CNOA and Partnership for Drug Free
America.

I do not have “smoking gun” evidence of their involvement but the group most
responsible for the repeal, Safe Communities Safe Families, was well
organized and their efforts included a lobbyist that CNOA hired for the
anti-Prop 19. Their messages were measured and rationale. They did a great
job finding the right messengers for their message. This is not the only
place we are seeing our opposition strengthen. SCSF has also been negligent
in filing proper lobbing forms which raises suspension of funds.

The messages from our community focused on two areas Patients who need
access and economic benefits of this new industry. Our messengers included
patients, doctors, dispensary owners, growers and a mayor (he was not at the
hearing I attended but I was told that he testified on behalf of
dispensaries at a previous hearing).

The political situation also created an invitation for the Federal
government to come in and intercede. This happened without any public
outcries from MT elected officials.

What we can learn from this situation:

1) In the post-Prop 19 era our opposition is raising funds quickly and with
the public announcements of the Legalization movement’s plans to put
legalization on the ballot in several states they garnering diverse support.

2) Our opposition knows that medical cannabis is not a stepping stone for
legalization, but that it is the cornerstone of US drug policy reform. They
are using the legalization debate to intensify their efforts and they are
focusing their battle on medical cannabis.

This is an observation. I am not suggesting that the legalization movement
change course. However, I do urge allies to be mindful of the situation and
to keep their efforts as separated from medical cannabis as possible. This
means not putting out the messages that legalization will solve all of
medical cannabis patients problems and that medical cannabis is a stepping
stone for legalization. It also means avoiding ballot language that builds
on the infrastructure that patients have built.

3) While economic arguments are good talking points and make for interesting
conversations, they are not a winning message. The general public does not
want to put America back to work though selling medical cannabis.
Furthermore, the economics have been greatly exaggerated with the exception
of a few new reports. Our opposition is a moral opposition, they can not be
bought.

4) Public policy requires implementation and public review. Access models
have risen up in a public policy vacuum that did not address access.
Patients have found away to fill that vacuum and brave individuals have
stepped up to help that model by committing state and federal civil
disobediences.

In order for this type of model to be successful it requires community
support and buy-in. This has only worked in areas where communities have
embraced them. This didn’t just happen because of tolerant communities. It
happened though patient advocacy. Though patients meeting with elected
officials explaining why they need these centers, showing up at community
meetings, reaching out to other community organization, thoughtfully
responding to community concerns with data and reports, and developing a
diverse group of spokespeople.

6) Following raids our community always speculates that people must have
been doing something wrong. I don’t understand this, but as someone who has
been monitoring federal interference for 9 years, raids usually have more to
do with the political environment than with the individuals involved. When
the feds see an opportunity, they take it.

Suggestions on moving forward:

1) In MT, if the repeal measure moves to the Governors desk, a campaign must
start immediately for his veto. This should include not only our community
but reaching out and mobilizing other communities that will baulk at this
process. ASA has created the following flyer for broader outreach and has
reached out to other organization that have passed initiatives in MT and
national organizations that support ballot projects
http://www.safeaccessnow.org/downloads/MT Letter Lawmakers are Consi
dering.pdf

2) Engage Governor Schweitzer to create regulations for access through
administrative channels and pass more city regulations. These two projects
will take the hysteria out of the debate which will be crucial in winning a
ballot campaign.

3) As a movement and allies of the medical cannabis movement we must
strengthen our messaging. Debates are healthy but false statements about
medical cannabis and our movement are detrimental. For example:

A) There are some really amazing, compassionate individuals providing
medical cannabis patients medicine. I have personally visited close to a
thousand of the facilities. It is not helpful to have allies say that these
are all just a bunch of people swinging weed or to have allies repeat the
messages of our opponents. It blows my mind that movements that know that
police lie and that the media gets it wrong most of the time would embrace
these stories and worse, repeat them.

B) It is true that some of the most visible supporters for medical cannabis
are people who are just “getting legal”. This group may be the first to try
to become a part of the programs. Furthermore, this group is most likely the
group that interacts with drug policy reform organizations. But this group
is a minority of people participating in the program. Numbers do not lie.
The average age of people participating in the programs are in their 40s and
the conditions for which they are qualify are very real.

Repeating assertions that everyone or a majority of those participating in
medical cannabis programs are just people getting legal is false and
offensive. Patients are dealing with real issues outside of the criminal
justice system and these assertions are exacerbating discrimination. Child
custody battles, loss of public housing, insurance and healthcare issues,
employment issues… When the public, employers, landlords and policy-makers
believe that these people are just getting legal the impact on the lives of
patients is detrimental.

The continuation of these stigmas also makes it hard for patients and their
families to speak out; making it difficult to organize patients that aren’t
associated with broader legalization. It makes it harder for the medical and
scientific communities to fully embrace the science and clinical data
publicly. And it makes it harder for organizations with shared
constituencies to join our movement.

C) Repeating our oppositions’ assertions that CA or any other medical
cannabis state figuring out access are out of control. These are experiments
in democracy and they take time. The impact of these misconceptions is
leading to reactive policy-making that is threatening patient access
including a frightening trend toward the elimination of patient cultivation.
When these issues get confirmed by our own community, our opposition takes
note. Case in point, quotes from this community are being used in DEA
lobbying materials and reports. ASA would be happy to work with any of our
allies to craft more helpful talking points. We must be strategic, if our
opposition is already condemning safe access, aren’t there better messages
our allies can come up with?

D) References to medical cannabis being a stepping stone for legalization
are harmful and false. While support for medical cannabis may be a part of
your legalization strategy, the legalization movement did not make cannabis
medicine. The proper implementation of medical cannabis is showing the
nation that this plant can be regulated. This will certainly help those
campaigns but patients, providers, policy-makers and voters do not see
their efforts for the last 15 years as being pawns in a greater plan. If the
public is going to support legalization, it will have to be on its own
merits.

E) Bring back the patient focus to the medical cannabis issue. Talking about
the industry separately from the patients is backfiring. The political
ground we have won on this issue has come from the public’s sympathy and
empathy with patients, scientific support of those patients experiences and
their growing distrust of the US healthcare system’s ability to address the
health needs of Americans (38% of Americans are using complimentary and
alternative medicines). Economic arguments are interesting and are good
talking points but they do not create the level of support we need to create
policies that protect patients.

The passage of ADA in 1990 created thousands of jobs in construction,
government bureaucracies and legal industries. These industries were no
doubt a part of the behind-the-scene lobby that ultimately passed this
historic, comprehensive legislation but they were not the face of that
movement. This does not mean that there is not a role for industry to play
in the medical cannabis movement and certainly media coverage that
demystifies the industry, illustrates innovation and highlights
self-regulation help to take away stigmas. But it does mean bringing the
stories back to individual patients.

4) Take community concerns head on. Addressing community concerns can only
happen by reaching out to community members and finding a space for their
concerns. This means being a part of the communities where access is being
provided. And most importantly it means self regulating. The public doesn’t
follow the nuances of our movement, nor do they go looking for a second
impression. We must be mindful and help members of the community (whether we
like them or not) come into compliance. Looking the other way is not helping
and neither is admonishing them in public forums.

5) Providers need to organize their patient-base. Providers are committing
federal civil disobediences for their patients and their patient base needs
to know this. They need to be asked to support facilities in the case of a
raids and in civic meetings. Patients wouldn’t protest the raid of a CVS or
Walgreens. It is important to engage members and not simply treat them like
customers. The feds have only prosecuted a small precentage of the
individuals that have been raided. Community outrage has undoubtedly played
a role. ASA has several tools to help providers with this.

6) Focus on real Federal solutions. I would love to write a book called the
lies my marijuana told me. On the top of the list would have to be the
misconception that federal cannabis laws will never change because of
Pharmaceutical, Big Tobacco, and Alcohol beverage lobbyists. ASA is on
capitol hill every week and we have never seen or heard of any such efforts.

The real problem is that our movements are not meeting with Congress at
home. The only reason a member of Congress will stand up for these issues is
if we ask. Since ASA opened its office in DC, members of Congress from
medical cannabis states have told us repeatedly that they are not hearing
about our issues from their constituents. At first I thought this was a
gross exaggeration so I started asking crowds that I was speaking to how
many of them had met with their Congressional reps, to my shock and dismay
constantly only about 5-15 percent raise their hands.

It is good to have lobbyist, but lobbyist are more effective when their is a
constituency supporting them. The Congressional Management Foundation in a
recent report found that visits from Congressional constituents have a
greater impact on their decision making than lobbyists
http://www.cmfweb.org/

But their are people lobbying against us. The DEA, partnership for Drug Free
America, and police lobbies all have active and effective lobbying
campaigns. If you are not meeting with your reps then the only information
they are getting on these issues is coming from our opposition.

The current medical cannabis landscape is built on sand until we change
federal laws. While there has been a 40% drop in raid activity since the
Obama Administration was seated, this admin has introduced new tactics which
are much more difficult for us to fight including banking closures and IRS
audits. We have to intensify our national efforts.

7) Focus on building broader support from state officials by creating
workable programs they want to protect: We will need states behind us to
ultimately change federal laws. This will only happen if state and city
representatives support our laws and feel compelled to protect them. Proper
implementation engages elected officials and makes medical cannabis programs
a part of the community they represent.

Conclusion:

We have a lot of work to do. I hope this information is helpful. I am hoping
it can be used to foster much needed discussion and action among our
movements.

Sincerely,

Steph Sherer
Executive Director
Americans for Safe Access

 

[rckymtnthuglife]

Thank you for that post Steph, I believe I met you or one of your counterparts in Bozeman if front of the courthouse.

Anyhow to follow up I gave Schweitzer a call on Friday. His number is 406-444-3111.

The secretary told me HB161 or HB423 will likely be on his desk sometime this week. He has ten days to veto it or it becomes law. This simple call will get your name on a petition showing your support for a veto.

Thanks Rocky

 

[decarboxylator]

Thank you for that post Steph, I believe I met you or one of your counterparts in Bozeman if front of the courthouse.

Anyhow to follow up I gave Schweitzer a call on Friday. His number is 406-444-3111.

The secretary told me HB161 or HB423 will likely be on his desk sometime this week. He has ten days to veto it or it becomes law. This simple call will get your name on a petition showing your support for a veto.

Thanks Rocky

I posted that, not Steph. But great post with that number!

 

[rckymtnthuglife]

Honestly I'm trying not to worry about it but it's impossible. It's all I think about. Insomnia is at an all time high. This entire legislative process coupled with the raids has been like a roller coaster ride of emotions lately.

I WILL NOT BE AFRAID ANYMORE!!!!!! We must overgrow the government if need be. Can they arrest all 28,000 of us our entire population is less than a million.

 

[dustin27]

Honestly I'm trying not to worry about it but it's impossible. It's all I think about. Insomnia is at an all time high. This entire legislative process coupled with the raids has been like a roller coaster ride of emotions lately.

I WILL NOT BE AFRAID ANYMORE!!!!!! We must overgrow the government if need be. Can they arrest all 28,000 of us our entire population is less than a million.

I feel the same way since the day the raids went down. I'm just a med user, and grow my own, but the fact that my name is on that list has me scared for my freedoms. I hate peeking out my window every time the wind blows.

 

[dustin27]

Montana?

Montana?

4 days ago-

http://www.kpax.com/news/medical-marijuana-repeal-passes-mt-senate/

Medical marijuana repeal passes MT Senate HELENA- The Montana Senate has passed a bill which repeals the Montana Medical Marijuana Act. The measure was sent to the Governor's desk to be signed after clearing the chamber on a 28-22 vote on Friday.

However another medical marijuana bill is still in play after the Montana House voted unanimously to suspend its rules and accept Senator Jeff Essmann's bill which regulates the industry.

Essmann's bill will be heard on the floor next week and if the measure passes the House, then coordinating language will need to be put into the two bills before sending them to Governor Schweitzer.

http://www.kulr8.com/news/local/Marijuana-Repeal-Heads-to-Governor-119091909.html

April 1st Marijuana Repeal Heads to Governor BILLINGS - The Montana Legislature Friday passed a bill to repeal the state's medical marijuana law. The legislation now goes to the desk of Governor Brian Schweitzer, where he can either sign it into law or veto it. The democrat has hinted that he would be unlikely to support any measure to repeal the voter-approved law.

Montana voters overwhelmingly approved the initiative that legalized medicinal marijuana in 2004. Schweitzer has said he feels Montanans support reforming the system, but not a full repeal. Meantime, a bill to impose certain new regulations on the industry is still alive. A vote in the House is expected soon.

Back to the repeal bill, it is expected to arrive on the governor's desk by Tuesday. He then has 10 days to either sign or veto it.

So thats what I pulled from google....I dont watch TV.So.. I guess that's whats going on right now in MT. I guess were waiting on the governor...hope he doesnt repeal. I havent found any news more recent than what i just posted though. Ill keep my eyes open and post what I see/hear around.

 

[rckymtnthuglife]

How to recall an elected official in Montana

How to recall an elected official in Montana

I need help in this process. I called the Secretary of State and learned that it takes 15% of registered voters to recall a State legislator and 10% to recall the governor. There is a list of reasons that an elected official may be recalled for. My top three were violating oath of office, incompetence, or being mentally unfit.

As an example Larry Jent (D) senator in HD32 which is 180miles surrounding Bozeman voted for repeal which helped send HB161 to Schweitzers desk. There are only 17,000 registered voters in this district. There are approximately 2,600 patients in this district. We need 2,550 votes to get Larry recalled.

Like I said before I NEED HELP. I want to get active. I've been hiding for so long it ain't easy. Can anyone point me in the right direction.

Norml?
Americans for Safer Access?

Any petition that is to be signed must first be approved by Secretary of State.

Help

Rcky

 

[rckymtnthuglife]

So HB161 has been on Schweitzers desk for a couple days now. He has ten days to decide. For the first time in Montana state history the legislature passed a bill that overturned a voter approved initiative. We call that Democracy???? I forget the exact quote but when a law is unjust it is the duty of citizens to break that law.

 

[slojoe]

judge lynch is deffently one of "the good ol boys" ought to be lynched . i dont think he has lost a loved one to cancer. what he did was WRONG .

 

[Bobo Bolinsky]

Hiya fellow activists. I'm kinda in the middle of this shit as well. Our group met with Steph S couple days before the big raid. ASA is a great organization, and Steph stayed around to help us fight the power. Thanks Steph. I ran into the raid as it was happening at our local shop/grow store/med referral office. They got em all.. Good news is I think ALL are back up and running.
Today, Mon 18th the Drooling Grotesques are in session to reconcile the bill that will put the boots to MMJ here--SB 423. It will either be 1 patient/caregiver, (House version) or 25 patients/caregiver (Senate Version) Whatever they decide on will go to the Gov. The fate of MMJ rests with him. He has advocated for restrictions and restrictions he will get-in spades. will he be backed into the corner and feel obligated to sign? Amendatory veto? I have heard from a good friend legislator this is the most likely outcome. He adds his changes and it is take it or leave it in the Legislature.

However this plays out, believe me other assholes in other states, not to mention the benevolent Feds ARE WATCHING. Serious crackdowns could well follow if it is shut down here.
We are SO SICK OF THIS SHIT HERE I can't tell you.

Anyway nice to be here in a forum where such things can be discussed and vented on!

 

[Hydrosun]

keep up the good fight!

 

[dustin27]

Thanks for that info Bobo, good stuff. As much as I learned: the repeal bill failed after governor vetoed it. So now they are re working the other bill, the tighter regulation bill, it sounds like? Atleast our medical program is still in existence, for now.

Its good to know there are other Montanans on this forum fighting the fight.

 

[Bobo Bolinsky]

Good to see you dustin ya its - med program- still here, but who knows how long? What I've heard today sounds like not a surprise, they are leaning to the no storefront, no money "we are taking the money out of the industry"! changes hands, 1 patient/caregiver model. These delusional morons have apparently not yet heard of the Black Market i.e. M-O-N-E-Y changing hands.Not to mention the re-ramped up Criminal Justice Industry. Putting the money back into that I guess is ok there.

 

[rckymtnthuglife]

So S.B. 423 will likely be on Schweitzer's desk tomorrow. This fight will be long and ugly regardless of if he signs this shit or not. He already worked a deal with Republicans and money has already been set aside in the budget for MM regulations. Doesn't look good. Looks like the loophole in this law is to dump all your patients if your a caregiver and claim your not growing any cannabis. Your card will still be good till it expires and you will face a $500 fine and up to 6 months in jail if they get ya.

Looks like this is my best bet till I can get the cash up to move out of the last best place. Im sure I could post bail and get the fuck out.

Theres a provision in this bill where if an officer thinks your driving under the influence he can take your blood. Not to mention they want fingerprints and mention the FBI and Department of Justice. If you have any drug convictions at all you wont be able to get a card. Yeah that's right if ya got busted with a joint in '74 ya can't get your card.

I moved here 15 years ago because of all the freedom we enjoy in Montana. Looks like they are turning the last best place into the last worst place. It will be a sad day if this bills passes.