November referendum on gutting Montana’s medical marijuana law; Montana Supreme Court considers challenge
On May 14, 2011, Montana’s “repeal in disguise” bill, S.B. 423, became law without the governor's signature. District Judge James Reynolds put parts of the law on hold, in a decision that was appealed to the state Supreme Court. In addition, voters will have a chance to reject the harsh law: The Montana Cannabis Industry Association qualified a referendum petition for the November 6, 2012 ballot.
Check out this summary of S.B. 423. Some key provisions that are not on hold include stripping the law of its provision that recognized out-of-state cards, adding onerous restrictions for pain patients, and changing possession limits to four mature plants, 12 seedlings, and one ounce of marijuana. Provisions that are on hold include a ban on advertising, a ban on providers receiving compensation, a ban on providers serving more than three patients, and requiring doctors who recommend to 25 or more patients to pay to be investigated.
Feds Raid, Prosecute Montana Medical Marijuana Providers
On March 14, 2011, the same day a state Senate committee rejected a bill to repeal Montana’s medical marijuana law, federal agents made a mockery of Obama’s campaign pledge not to circumvent state medical marijuana laws by raiding more than 20 medical marijuana locations, with no warning. Since then, more than 25 providers have been indicted and 12 have been sentenced.
One of the raided facilities was Montana Cannabis, whose former co-operator Tom Daubert is a political consultant who was instrumental to the successful of the 2004 medical marijuana campaign. Tom invited local law enforcement and legislators in for tours, including while being filmed for the documentary film, Code of the West. Never in any of these tours did state and local law enforcement leaders express anything but admiration and support for the ways the dispensary’s approach surpassed both the spirit and letter of the state law. But, perfect compliance with a state medical marijuana law is no defense in federal court. Tom recently agreed to plead guilty to a federal medical marijuana charge. One of his former partners, Richard Flor, was just sentenced to five years of incarceration, despite severe medical conditions. Another former operator of Montana Cannabis, Chris Lindsay, is facing charges that carry mandatory minimums totaling 690 years. The potential sentence is largely due to firearms that were allegedly found in the raid after Chris stopped being associated with the venture.
Please write Pres. Obama and your Congress member to ask them to stop these outrageous attacks on medical marijuana providers.
Montana’s marijuana laws; efforts to change them
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.
In 2006, Missoula County, Montana voters made marijuana possession law enforcement officers’ lowest enforcement priority. Unfortunately, last year the legislature passed a bill designed to prevent localities from passing similar initiatives. The sponsor maintained that it would nullify the Missoula County initiative, but we believe it should only apply to future initiatives.
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 vote.
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