“Repeal in disguise" is now law, judge blocks part of it; referendum campaign underway

On May 14, 10 days after S.B. 423 was transmitted to Gov. Brian Schweitzer (D), Montana’s “repeal in disguise” bill became law without his signature. The Senate initially passed an imperfect but far more sensible version of S.B. 423. The House then amended it and passed its unworkable version, 77-22. Gov. Schweitzer issued an amendatory veto with proposed changes on April 28, but the legislature rejected almost all of his amendments and sent the bill back again with no time left on May 3.  Previously, Gov. Schweitzer vetoed H.B. 161, full medical marijuana repeal, on April 13.

Under S.B. 423, larger marijuana-growing operations and all dispensaries must shut down by July 1, and caregivers must instead register as providers starting June 1. Patients will have to grow their own marijuana or obtain it for free from a provider who can grow for only three people. A garden may not be shared, except for by close relations, and law enforcement may conduct unannounced inspections. Possession limits will be four mature plants, 12 seedlings, and one ounce of marijuana, and everyone must always carry an ID card. Patients’ existing ID cards are valid until expiration, but invasive new rules will apply to renewals. Doctors who certify 25 patients will have to pay to be investigated. Check out this summary for more details.

Thanks to all who contacted Gov. Schweitzer and your legislators this year, and to Tom Daubert and Patients and Families United for their continued lobbying and organizing efforts.  The Montana Cannabis Industry Association has filed a referendum petition to place S.B. 423 on the November 2012 ballot and is trying to get signatures to get the law suspended before its worst provisions go into effect on July 1. It is also suing to stop implementation of the law in several courts, and has already had its first victory.

With the help of MPP, Montana voters passed I-148 into law on Nov. 2, 2004, with an impressive 62% of the vote. After the Obama administration’s October 2009 “hands off” memo that it would no longer target those in clear and unambiguous compliance with state law, the number of registered Montana patients increased. Unfortunately, others saw this as an opportunity to make a profit, and their actions stirred up opposition.

Marijuana Decriminalization

In 2009, Rep. Brady Wiseman (D-Bozeman) sponsored H.B. 541, which would have decriminalized marijuana and made possession of up to 30 grams a civil infraction, punishable only by a $50 fine. Unfortunately, the bill died in committee after a 9-9 tie vote.

Learn about Montana's marijuana laws

In Montana, possession of even a single joint for non-medical purposes can land you in jail for six months, while possession of 60 grams or more (a little over two ounces) can result in a sentence of up to five years. These stiff marijuana penalties cause related negative consequences. In 2007, the Montana clearance rate for murders was only 61%, and the rape clearance rate was an embarrassing 16.9%. Meanwhile, Montana police spent their time making more than 1,300 marijuana-related arrests, more than triple the 2003 total. Check out this report by Jon Gettman, Ph.D, for more about the negative consequences of Montana’s marijuana laws.

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