Voters uphold partial repeal of Montana’s medical marijuana law; new governor may support sensible reforms in 2013
Sadly, in the 2012 general election, Montana voters upheld the legislature’s decision to gut the state’s medical marijuana law by passing IR-124, a ballot referendum identical to S.B. 423, which passed and became law without Governor Brian Schweitzer’s signature in 2011.
Check out this summary of S.B. 423. Some key provisions include stripping the law of its provision that recognized out-of-state cards, adding onerous restrictions for pain patients, changing possession limits to four mature plants, 12 seedlings, and one ounce of marijuana, 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.
Although S.B. 423 passed in 2011, courts have so far prevented some provisions from being implemented. Unfortunately, the passage of IR-124 may result in thousands of patients losing access to medical marijuana, which would be a tragedy for patients and their families.
There is, however, a glimmer of hope on the horizon. Montana’s next governor will be Democratic Attorney General Steve Bullock, an opponent of the legislature’s partial repeal. Legislators and medical marijuana advocates will have an opportunity to start fresh with the legislature in 2013 and work to pass sensible reforms that protect patients and make sure they have safe, legal access to medical marijuana.
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 two dozen people have been indicted, some of whom have been sentenced, on related charges.
One of the raided facilities was Montana Cannabis, whose former co-operator, Tom Daubert, is a political consultant who was instrumental to the success 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 agreed to plead guilty to federal felony charges in 2012 and was sentenced to a hefty fine and five years’ probation.
Unfortunately, some of Daubert’s business partners have been convicted and are facing lengthy prison terms; one elderly caregiver, Richard Flor, died in prison while serving a five-year sentence.
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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