No legislative session in 2010; medical marijuana legislation likely in 2011
Last update: April 12, 2010
After an active 2009 session, the Montana legislature took a scheduled break in 2010 — under state law it convenes only in odd-numbered years. Still, there was plenty to talk about in marijuana policy developments, and all eyes are on the 2011 session to see what, if anything, the legislature has in store for the state's medical marijuana program.
Marijuana decriminalization
Possession of any amount of marijuana in Montana, even as little as a single gram, can land you in jail for six months. Possesssion of 60 grams or more (2.12 ounces) can result in a sentence of up to five years.
HB 541 was sponsored by Rep. Brady Wiseman (D-Bozeman) in 2009 and would have brought a more commonsense approach to Montana’s marijuana possession laws. It would have made possession of up to 30 grams (about an ounce) a civil infraction, punishable only by a $50 fine. Unfortunately the bill died in committee on a straight party line vote (9-9 tie), with all the Democrats voting in favor and all of the Republicans voting against. If only one Republican on the committee had voted for the bill, it would have gone to the full House for a vote.
We will continue working with activists to pass this legislation in the future. In order to do so, it will be important for the legislature to hear from people who have been negatively affected by the state's harsh marijuana laws. If you have been arrested for simple possession of a small amount of marijuana in Montana, please e-mail state@mpp.org. If you are a lawyer, law enforcement official, or clergy member, or know someone who is, please e-mail state@mpp.org because you could be particularly influential in the lobbying effort.
Medical Marijuana
As you probably know, MPP wrote and campaigned to pass Initiative 148 in 2004. The act protects patients with valid doctors’ recommendations who possess no more than an ounce of marijuana from arrest and allows them to cultivate up to six plants. 2010 saw several local municipalities (Kalispell, Belgrade, Whitefish) enact moratoriums on commercial medical marijuana activity. Given the flurry of activity and interest, 2011 is likely to see legislation offered that would impact the state’s program, patients, and caregivers.
In 2009 we saw several legislators offer proposals to expand or contract the act. For example, Sen. Ron Erickson (D-Missoula) sponsored SB 326, which would have added several serious illnesses to the list of conditions that can qualify a patient for the medical marijuana registry and would have increased the amount of marijuana a patient and his or her caregiver is allowed to possess at any time to 3 ounces. Additionally, it added a provision to clarify the law so that simply being a registered patient is not cause to terminate one's employment or rental agreement, or to modify one's child custody rights.
HB 73, sponsored by Rep. Julie French (D-Scobey), would have allowed nurse practitioners and physician assistants to recommend medical marijuana to their patients. (Although these medical practitioners are allowed to prescribe drugs in Montana, currently only physicians can sign a medical marijuana certification.)
Unfortunately, neither of these very good bills made it through close committee votes. And of course, several legislators have offered unconstructive proposals as well.
Rep. Tom Berry (R-Roundup) introduced a bill that would have amended the law so that no one with a felony drug record could ever become a registered patient — regardless of the person's medical condition or the nature of the previous drug conviction. Additionally, any person convicted of an unrelated drug felony while already registered as a medical marijuana patient would lose medical marijuana rights forever.
And there’s SB 212, sponsored by Sen. Verdell Jackson (R-Kalispell), which would have specified that if a patient has a specific amount of THC in his or her system, the patient would have to prove his or her innocence for driving under the influence, even if there was no objective evidence of impairment. The bill also set a threshold for THC at which patients would be found guilty, even if they could prove they were not impaired! We oppose driving under the influence of marijuana, and Montana's medical marijuana law already forbids it. But the levels set in this bill were so low that patients who used their medicine the day before driving could be criminalized.
Thankfully, the Senate Judiciary Committee didn’t approve of either bill. Stay tuned to this page to see what 2011 has to offer and to get the latest developments.
Marijuana laws in Montana
As we mentioned above, possession of any amount of marijuana in Montana is punishable by up to 6 months in jail, and over 60 grams can land you in prison for 5 years. But, in addition to being draconian, Montana’s stiff marijuana penalties bring about lots of related negative consequences. For instance, the clearance rate (offenses for which an arrest was made) for murders in Montana in 2007 was just 61%, and the clearance rate for rape crimes was an embarrassing 16.9%. And while over 83% of rapes went unsolved, Montana police made over 1,300 marijuana-related arrests, more than triple the number of marijuana related arrests in 2003. Perhaps its time for Montana authorities to reconsider their priorities.
Check out this report for more about the negative consequences of Montana’s marijuana laws.
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