Montana

[palmspringsbum]

Medical marijuana law cited in defense

Articles / People and Places
Date: Apr 24, 2006 - 09:44 AM
Associated Press
The Montana Forum

BUTTE - A California man plans to challenge a drug charge using Montana's medical marijuana law as a defense.

Butte-Silver Bow Chief Deputy County Attorney Brad Newman labeled Gary Ashley's dismissal request as frivolous.

"We're not talking about medical marijuana in this case," Newman said. "There was more than four pounds of marijuana found in that house."

Ashley, 58, of Corning, Calif., was arrested in December along with Eugene Bonfiglio, 40, and Lisa M. Cook 38. All are charged with possession of marijuana with intent to distribute. Officers seized 4.25 pounds of marijuana and drug paraphernalia from Bonfiglio's house, court records said.

Ashley seeks dismissal of the charge and says he has a California-issued card that allows him to keep marijuana for medicinal purposes.

Bonfiglio and Cook have pleaded not guilty and are awaiting trial.

The Montana American Civil Liberties Union has filed a brief in the case stating that Ashley is compliant with the Montana Medical Marijuana Act.

Montana became the 10th state to legalize marijuana for medicinal use in November 2004. Under the act, doctors may prescribe marijuana for those suffering from chronic or debilitating disease.

Newman said he will object to the ACLU's brief being entered into the case.

Ashley's trial is set for May 2, but most likely will be postponed while the judge reviews his dismissal request, Newman said.

Newman said he believes this is the first time someone has used the medical marijuana defense in the state since the law was enacted two years ago.

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Defendant in Butte marijuana case wants change of venue

Mat 20, 2006
KTVM


BUTTE A man accused of having more than four pounds of marijuana in a Butte house says his trial should not take place in that city.

Gary Ashley of Corning, California, wants a judge to move the trial, on grounds that news coverage prevents a fair hearing in Butte.

He was arrested in December on charges of possessing marijuana with intent to distribute. Ashley, who's in his late fifties, says he's protected by a Montana law allowing people to have marijuana for medical use. Prosecutor Brad Newman says the quantity of marijuana in the Butte case goes beyond medical purposes.

Ashley has two co-defendants. Both pleaded not guilty and have been awaiting trial.

(APcredit: Andrew Capasso, KTVM)

Copyright 2006 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

[budman]

Legal relief

The Helena Independent Record
By MARTIN J. KIDSTON - IR Features Writer - 07/09/06


Ed Kemp keeps a freestanding computer locked away in his office. It’s not connected to any outside network, server or telephone line. Only he knows the names written on its hard drive.

Names like Ed, a man who suffers from Hepetitis C, a painful disease of the liver. And Richard, a husband who grows marijuana for his ailing wife and two other patients.

While Ed, Richard and Mr. Kemp each lead different lives in different corners of the state, they’re all linked by that single computer — a lone database that tracks anyone registered in Montana’s medical marijuana program.

There are more than 305 names inside that computer. They represent patients, doctors and caregivers who, in some way, believe marijuana can ease the pain of the sick and dying.

“Montana’s registry is healthy,” said Kemp, the licensing bureau chief for the Department of Public Health and Human Services. “My job is to keep that registry. I have no thoughts on whether the state’s program is appropriate or not. The program is the law and the law is very prescriptive.”

Sixty-two percent of Montana voters approved the state’s medical marijuana law two years ago. Eleven states now have similar laws, including Nevada, Colorado, Washington and Oregon.

In Montana, 220 patients are currently registered to use marijuana. That’s up from 206 patients one month ago and 119 patients one year ago. Montana also has 100 physicians in that database; doctors who have recommended marijuana to a patient.

Kemp doesn’t see the numbers as being high, not for a program approaching its second anniversary. When figured per capita, he said, the number of registered patients, caregivers and doctors in Montana remains on a par with states like Colorado, Alaska and Nevada.

“Montana is relatively close to following the trends,” Kemp said. “We’re only a couple of numbers off from our initial projections.”

The steady increase in patients doesn’t surprise Bruce Mirken, director of communications for the Marijuana Policy Project, a group that aims to reduce the harm associated with marijuana by regulating it in a manner similar to alcohol.

Mirken believes the public is growing more comfortable with the program and physicians are more willing to recommend a patient for medical pot.

He cited a national Gallup poll released in November that found 78 percent of voters favored allowing physicians to prescribe marijuana “to reduce pain and suffering.” He also pointed out that Montana reduced its registration fee from $100 to $50; a step he believes will compel more patients to sign up for the program.

“We’re talking about people with chronic and debilitating conditions who are on limited incomes,” Mirken said. “For them, $100 bucks is a lot of money. It could mean chosing between buying grocieries or paying the registration fee to help deal with their pain.”

Despite the program’s successes, some registered patients and caregivers would like what they see as shortcomings within the law addressed, including a larger possession limit and help for patients finding marijuana.

Under Montana law, a registered patient or caregiver can grow six marijuana plants or possess one ounce of usable pot. The state isn’t permitted to give referrals on where to obtain that marijuana, or where to buy the seeds to grow it.

“Where an individual obtains marijuana or how — I have no idea,” Kemp said.

That’s a problem for Ed, who admits to buying marijuana off the street from time to time for lack of other options.

He’s tried growing his own plants — two of them — but the grow-light inflated his power bill to the point that he couldn’t afford to pay it on his limited imcome.

“It doesn’t bother me — pot is pretty easy to get,” Ed said. “People just give it to me. They give me a bud or two here and there and that’ll last me two weeks.”

Ed described the pain from his disease as unbearable; an ache thoughout his body. Some days are worse — days he finds it hard to get out of bed.

The CDC estimates that nearly 30 percent of patients with chronic Hepetitis C will eventually face life-threatening conditions. Ed is aware of that statistic and because of it, he wants the government to decriminalize marijuana for medical patients and make it easier to buy.

“Marijuana is a good thing,” said Ed. “I feel like it takes away my pain and suffering. If I’m going to die and go out of this world, at least I’m not going to go out in pain.”

Ed isn’t the only one who would like aspects of the law changed.

Richard is one of Montana’s 87 registered caregivers, a title that allows him to grow marijuana for patients who sign up with the state, including his wife, who has multiple sclerosis.

The drug saves patients from the lingering effects of heavy narcotics, Richard said. When his wife uses the drug, she doesn’t need other medications to control her discomfort.

“Without the program there would be a lot more suffering,” Richard said. “A lot of people go off their pain medications because of it.”

Yet Richard believes the six-plant limit is too small. Half the marijuana seeds he sows yield male plants which are worthless and must be destroyed. What’s more, he said, a healthy female plant can produce more pot than the state’s one-ounce limit.

Richard equates that to growing a fine tomato plant dripping with fruit, and then being told he can keep just one tomato. The marijuana he’s not permitted to keep could go to a pain patient who needs it, he said.

“You have to start with 12 seeds just to end up with six female plants, and that’s illegal right there,” he said. “And if you’re growing outdoors, six plants can produce quite a bit of pot.”

A single, well-tended plant can yield nearly a pound of marijuana. That sounds like a lot, Richard said, but some patients smoke two to three ounces every month, depending on their condition and level of pain.

One of Richard’s recent patients, a 19-year-old girl who ultimately died of bone cancer, relied on marijuana to control her pain, supress her nausea and stimulate her appetite. Another one of his patients smokes the drug to combat the discomfort associated with his bi-polar disorder.

“I have one patient with multiple sclersis who smokes two ounces a month, every single month, like clockwork,” said Richard. “She would probably smoke three ounces a month, but I don’t have enough to give her.”

Richard grew marijuana in Oregon before moving to Montana. It took him years to learn to cultivate the plant, which he first started growing for his wife.

A single marijuana plant takes more than 120 days to mature. About 45 days into the growing process, he manipulates the light into 12-hour cycles, prompting the plants to flower.

At harvest, he dries the product in a darkened room with 50-percent humity. The product is finally cured in a glass jar for three weeks to ensure it’s completely dry.

“Mold is bad, especially for a cancer patient or an AIDS patient who’s subject to infection,” Richard said. “When it’s all done, there are no seeds and very few stems.”

The tri-combs, or little hairs on the flower, remain intact. It’s those little hairs that contain the THC, the active drug in marijuana. Richard said each strain of marijuana plant affects his patients differently.

“I have one patient who likes a sativa-indica blend,” he said. “Indica is used mostly for pain, but it has a tendancy to put you on the couch.”

The indica strain numbs the patient to the point of inactivity, he said. For an MS patient who needs to exercise, a pure indica strain isn’t the best remedy. Blending indica with a sativa strain masks the pain while allowing the patient to remain active.

“With sativa, you want to get out more. You want to walk around. You want to talk and be social,” he said. “With indica, you’d rather sit there and do nothing at all.”

State law doesn’t allow doctors to “prescribe” marijuana.

Like ecstasy or heroin, Kemp explained, marijuana is classified as a schedule-one drug by the federal government. In contrast, morphine and other pain killers are schedule-two drugs that can be prescribed by doctors.

“It’s not possible for anyone, licensed or not, to prescribe a schedule-one drug,” Kemp said. “Doctors must recommend to me that their patient will benefit from using marijuana, and I put their patient and the physician into my database.”

Of the 220 registered patients in Montana’s marijuana program, 80 suffer from “severe or chronic pain.” It’s the most patients in any one category, followed by “chronic pain and muscle spasms” and, thirdly, “cancer, glaucoma or AIDS.”

Shortly after Montana passed its medical marijuana law, Ed tried the drug with a registered patient. The patient spoke highly of its ability to mask his pain. After trying it for himself, Ed agreed.

“I’ve been smoking it for about a year now and it’s taken away all my body pain,” he said. “It helps me get up and it gets me motivated. My liver functions are back to normal and my enzyme levels haven’t skyrocketed.”

Past doctors had prescribed painkillers like hydrocodone and soma. But with his addictive personality, Ed said, he found himself abusing the prescription. When he asked his doctor about the medical marijuana program, the doctor, whose name is protected by law, “was all for it,” according to Ed.

“I told him I had to be legal in all that I did,” said Ed. “He said, ‘Whatever you think.’ He signed the paperwork for me. It wasn’t a problem at all.”

An amendment to a federal law that would have stopped the Justic Department from arresting patents in the 11 states allowing medical marijauna failed to pass the House last week by a 163-259 vote.

While the amenment was shot down, it received two more supporting votes than the year before. Rep. Denny Rehberg, Montana’s lone congressman, favored the amendment.

“Montana voters passed a medical marijuana law,” said Todd Shriver, a Rehberg spokesman. “He believes that folks in Montana should be able to make decisions for themselves.”

The day Richard put his plants out to grow last year, the area’s drug task force was there to count them. He was within the limit.

“They were cordial and nice about it,” he said. “The only issue is with the federal folks. That kind of scares me.”

Rob Kampia, executive director of the Marijuana Policy Project, said that while the recent House vote killed the amendment, it received more ‘yes’ votes than ever before.

The amendment’s strong showing, he believes, was due to growing conservative support for a change in the law.

“The most significant thing is that the amendment gained votes during an election year,” Kampia said. “It’s also worth noting that every member of Congress who has voted for medical marijuana legislation and run for reelection has won reelection.”

The push for change by advocates may not come soon enough for Richard, who would like to see Montana establish a registry where legal patients can find legal caregivers to supply them with legal pot. He’d also like to see “cannibis buyers clubs” in Montana, like those dispensories appearing in California.

“That would be a good thing,” Richard said. “I’ve talked with people about dispensories as well, where people with the proper ID could get marijuana for medical uses. It would help a lot of people out.”

Reporter Martin Kidston can be reached at 447-4086, or at mkidston@helenair.com

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Initiative gatherers violated the spirit of the law

The Great Falls Tribune
September 17, 2006


Don't like Montana law?

The state's initiative process makes it relatively easy for citizens to craft new laws and put them on the ballot.

Unfortunately, as we're witnessing now, it's also apparently easy to subvert that process.

Supporters of three proposed ballot initiatives hired out-of-state signature gatherers to get their measure on the ballot in November.

But their tactics in gathering those signatures were dubious, at best.

District Judge Dirk Sandefur put the brakes on the process last week by declaring all three petitions invalid for the ballot.

The supporters, predictably squealing about activist judges, are appealing. But it's clear that they violated the spirit, if the not the letter, of the initiative process.

We're not disputing the merits of the three initiatives. There will be plenty of opportunity to examine and debate whether they make sense — if they ever do make it onto the ballot.

What's troubling is that what was crafted as a citizen-driven process was instead co-opted by out-of-state interests who used deceptive practices in gathering signatures.

It's certainly not illegal to use out-of-state money on local causes. But one requirement of state law is those who gather signatures for a ballot initiative must provide a valid Montana address.

Turns out 43 of those people were not Montana residents and gave false addresses.

The out-of-state workers, paid by the number of signatures they gathered, earned some $633,000. That money came from unspecified out-of-state donors.

Sandefur ruled that they "skirted procedural requirements and were evasive and deceptive" in getting the signatures.

One, Marvin King, certified almost 15,000 signatures in a two-week period in Billings. That figures out to more than one signature a minute, 24 hours a day.

Furthermore, 288 of those signatures were from Missoula County residents.

How could this happen? The petition supporters didn't present any explanation.

Another gatherer told residents he was hired by the Montana attorney general to gather signatures because the initiatives were necessary for Montana.

And several gatherers asked people to sign multiple copies of an initiative because they had no carbon paper. In fact, the people actually were signing different initiatives.

Of course people should always read anything they're signing carefully. But when you're caught in a grocery store parking lot with your arms full and a high-pressure signature gatherer approaches (as happened to one of our staff members) it's easy to see how people get distracted.

Our staff member declined to sign the initiatives because she's a journalist, but she was followed to her car and repeatedly urged to sign.

This kind of behavior corrupts the initiative process.

It's also unfairly taints all the hard-working volunteers who are out there fairly gathering signatures for causes they believe in.

Previous initiatives passed by such grassroots efforts range from directing the state how to spend tobacco settlement dollars, to establishing a medical marijuana act, to prohibiting cyanide heap-leach mining, to requiring the state to only recognize marriage between one man and one woman.

While not everyone likes these laws, they were mostly the efforts of Montanans who believed strongly in them.

It's nearly impossible to make that case with the initiatives thrown out last week.

If the Supreme Court does allow them back on the ballot, we need to revamp the initiative process to better reflect the values of Montanans.



Originally published September 17, 2006

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Missoula County Sheriff: Don Morman and Mike McMeekin

Thursday, November 02 2006 @ 09:46 AM MST
by John Q. Murray
The Clark Fork Chronicle

Mike McMeekin and Don Mormon faced off in a campaign for Missoula County Sheriff four years ago.

A lot has changed since then, Sheriff McMeekin said, outlining the challenges for the next term, and he said he expects that the office will change just as much in the next four years.

Some things haven’t changed so much, Morman countered. Just as when he ran against McMeekin last time, there are still serious morale problems in the sheriff’s office. With deputies leaving, the department is short-handed, and just four deputies cover the entire county, he said. And with inadequate staffing, the jail is at risk for a major incident.

The candidates outlined their priorities for the next term and answered questions from incredulous Frenchtown residents about prescriptions for inmates and meals in the jail.

Mike McMeekin: I’ve identified three broad, interrelated challenges: We have to anticipate and accommodate change, we have to keep the checkbook balanced, and we have to integrate our workforce.

We are seeing significant differences in the office now than even three years ago. We have a lot of changes in the laws we have to enforce. Ten years ago, whoever thought we would be working hard to get a task force assigned to Missoula to focus on nothing but Internet crimes against children? But here we are. A lot of us saw meth coming, but didn’t anticipate it to be as big of a thing as it was.

Who would have thought we would be working as hard as we are on recruitment and retention of employees? Retention nationwide is a big problem and that is constantly evolving. So we’re trying to deal with the change we have now, anticipate the change in the future, and be ready for it.

I’m very proud of the fact that in the last four years we’ve eliminated the debt, which was over $300,000. We are now embarking on a program not unlike you and I have at home. If we want something, we’re going to save for it. And when we get enough money saved up for it, we’re going to buy it.

Integration; not a single one of these county offices is a standalone office. One person makes a decision and it affects the rest of us. If we didn’t have great cooperation from the seven, now eight judges—four district court, two justices of the peace, and two municipal court judges—it would be a whole different conversation on jail overcrowding. But all have been very understanding about helping us work with that.

We estimate that 50 percent of our inmates suffer from a mental illness or a behavioral disorder. We spend more than three times as much money on prescriptions as on food in our jail. That’s keeping in mind that we crank out over 1,000 from-scratch meals a day. And as Karen Orzech brought out, we no longer have the inpatient treatment facilities here in Missoula.

Don Morman: Basically folks, the Missoula County Sheriff’s Department has some real morale problems. That’s the first thing that we need to fix. Staffing is at least 10 people short, and because of turnover in the deputies we are short five people on the street. There are an average of four officers per shift keeping you folks safe in Missoula County, for 40,000 people.

We cannot balance our budget by shorting people and do it by vacancy savings. That’s bad for the jail, bad for the people who are there. We need community-oriented policing to get us out into public, into the schools, to get programs going where we listen to the people. We are not effective at all unless you folks call us. We cannot clear these crimes unless people tell us who did it—because basically that’s how it happens.

Question: Some people have asked about putting more deputies into the Frenchtown Valley.

Don: I believe we can fill the openings that we have, and get more officers on the street. There is a certain amount of police structuring that will free up more officers to work here in this area. We can do a certain amount of reorganization, with innovation and problem-solving, where we get together with the officers, ask them what they need, and ask the citizens what they want.

Mike: We could move to Clinton and have this same argument. We just finished having this discussion in Lolo, at Blanchard near Clearwater Junction. We need some discussion like this in Seeley Lake.

The first question is, do you really need more deputies—do the numbers support this. You can have the palliative effect of seeing a black and white car or truck driving down the roads doing preventive patrols, or you can have the effect of deputies actually responding to calls, taking reports and doing all the things that come with the response part of the job.

The county divided into five zones, four of them staffed 24-7 out of Missoula, so at least one deputy per zone, the fifth handled by resident deputies. The issue is one time money versus ongoing expenses. We’re responsible to provide balance to whole county, and we believe it’s a good system— when you call you get personal service. When you need deputies, they’ll be dispatched, but I am not going to put them out here.

Question: What do you think about the marijuana initiative?

Don: As a former narcotics officer and supervisor, talk to any parent, ask if they want their kids to be on marijuana. I believe this initiative is a gateway to medical marijuana, trying to get this throughout the states. I have seen marijuana be a gateway drug for years.

Mike: When you go to the polls and get your ballot you’re going to see a one paragraph summary of this law. Please remember what you’re voting on is not that paragraph. It is four long, very complex, pages of initiative with some very carefully crafted language. So here’s your homework folks: http://www.co.missoula.mt.us is the home page for Missoula County government. Click on “Voting information.” The full body of that initiative is available to you. Please read it a couple times, because it’s sneaky stuff. This has nothing to do with prioritizing how we investigate marijuana offenses and prosecute them. If you do a Google, this is all funded by the Marijuana Policy Project and their objective is the legalization of marijuana, and the nationwide legalization of all drugs. Please find out about this before you make up your mind.

Question: I find it hard to believe that people in jail are receiving prescriptions, and are being fed better than their victims. Is it true that you have to provide vegan meals if they are requested?

Mike: The one class of people in the United States that has a constitutional guarantee to health care is inmates. We work hard with some medical co-pay programs and we inquire about insurance. A lot of people, when they come in, have not taken care of themselves. We call it our “public health moment.” Since we opened in Nov 2000 we’ve had at least one pregnant inmate, and they usually involve high risk pregnancies that are horribly expensive, so you and I are paying that bill.

As far as food, our job is to run that facility in conformity with an awful lot of federal state and local laws and rules. Part of that is nutrition. We’re very carefully regulated on the number of calories, and two years ago we had to start on a heart-healthy diet. It costs us about $4-something a day. Plus if there is a religious need, we have to accommodate that, and if they can show they are vegetarian or vegan, we have to accommodate that.

We have a state-of-the-art kitchen and I’m very proud of our folks. They do an incredible job for not very much money. We’re not talking steak here but we’re talking good quality food and they’re doing a quality job.

Don: I’ve talked to a number of people who felt the amount of money being spent on prescriptions was excessive. If I get in, I will be looking at that efficiency and see if there’s a cheaper way to provide medications because we by law have to provide medications.

On the food, we don’t have an alternative. We are stuck with the laws on the books. We’ll feed these people and we have a very professional group of people who really know the work.

We need to treat people like we want to be treated, with dignity and respect. When you do that they act as humans. You’ve got to treat them right. We provide them a safe place in which to do their time, not punish them. We’re doing the job and that safe place means we need more than 11 guys per shift. I’m sorry. Overseeing that 380-some units needs to change or it’s a probability of a high risk situation happening.

[palmspringsbum]

Claim under marijuana act denied

By RICHARD HANNERS
Whitefish Pilot
Posted: Wednesday, Nov 08, 2006 - 12:47:15 pm PST


A Kalispell man who claimed protection under the state's Medical Marijuana Act after he was caught smoking marijuana at a downtown Whitefish bar will have his day in court later this month.

But he may have to seek another line of defense or appeal to a higher court, now that Whitefish City Court Judge Bradley Johnson has denied the man's motion to dismiss the charge based on the act.

According to court records, on Sept. 8, Flathead County sheriff's deputy Travis Bruyer observed Lucas Venters, 23, of Kalispell, on the upstairs deck at Flanagan's Central Station lighting marijuana in a glass pipe. Venters then allegedly passed the pipe on to Andrew Nuckles, who then allegedly passed it on to Christopher Brann, both of Kalispell.

Bruyer reported that he seized the pipe and a container of marijuana from Venters. Venters told Bruyer his possession and use of marijuana was allowed under the state's Medical Marijuana Act. He was charged with possession of dangerous drugs and drug paraphernalia.

Nuckles and Brann were charged with misdemeanor possession of dangerous drugs. They received deferred sentences in Whitefish City Court and paid a $100 fine.

In a two-page document submitted to city court, Venters claims to have a "debilitating medical condition." He said he has been "in pain every day for the past 10 years due to my spinal, thoracic and neck injuries/conditions," and that he has severe or persistent muscle spasms.

"These spasms limit what type of work I can do, and what types of recreational activities/sports I can participate in," he said. "Some days, just bending my neck downward to tie my shoes, etc. causes my back to spasm quite painfully."

Venters claimed that state law allows individuals who suffer from a debilitating medical condition to smoke marijuana, and "that even if a user is not registered with the state Department of Public Health and Human Services, a medical defense may be raised under the Montana Medical Marijuana Act."

In his brief in opposition to Venters' motion to dismiss, Whitefish city prosecutor Clif Hayden set aside the possibility that federal law may preempt the state's Medical Marijuana Act in order to address Venters' case.

Hayden argued that Venters' conduct "does not fall within the parameters of the act" because he did not possess a registry identification card from the Montana Department of Public Health and Human Services.

Such a card may be obtained through application by providing the department with a written certification that the person is a qualifying patient; the name, address and date of birth of the qualifying patient; the name, address and phone number of the qualifying patient's physician; and the appropriate fee, Hayden said.

"According to the MMMA definitions, 'qualifying patient' means a person who has been diagnosed with a debilitating condition by a physician," he said. "In other words, you need an opinion from a licensed physician to register."

Hayden noted that according to the MMMA, evidence must be presented "that a physician has made a determination that the benefits of use of marijuana outweigh the potential harms for a given patient."

"In this case, the defendant offers nothing but his own analysis of how his alleged symptom fits the MMMA definitions," Hayden said. "He has offered no medical evidence, physician's opinion or otherwise that the benefits outweigh the potential harmful effects."

Johnson ruled on Venters' motion on Oct. 25, saying Venters "failed to assert facts that are vital to claiming protected status under the act."

"Recognizing the scrutiny that the act will invite from both state and federal authorities, the standard may require strict compliance by anyone attempting to invoke the act as a shield to prosecution," Johnson said.

Johnson agreed with Hayden that Venters had failed to satisfy the criteria of the act by not being officially designated as a qualifying patient. But Johnson went further, noting how Venters shared his pipe with two others on Flanagan's deck.

"Assuming that the defendant contends that his open smoking of marijuana was within the scope of 'medical use' as defined within section 50-46-102(5), his 'sharing' of his personal-use medical marijuana with others would tend to negate the limited protection granted by the legislature," Johnson said. "His actions would exceed the purpose of merely alleviating his personal symptoms or effects of his debilitating medical condition. Such activity would encompass criminal conduct not protected by the statutes."

Johnson denied Venters' motion and ordered the case to proceed to trial on Nov. 21 at 9 a.m.

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<span class=postbold>See:</span> Missoula Joins Other Western Cities on Marijuana Prioritization

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Published on Sunday, January 28, 2007.
Last modified on 1/28/2007 at 12:03 am

Changes sought for medical marijuana

By MIKE DENNISON
Gazette State Bureau
The Billings Gazette

HELENA - It has been two years since Montana voters approved medical marijuana use by people with debilitating diseases, and about 280 people are signed up to use the drug.

But the program needs some tweaking, its supporters say, and they're asking the 2007 Legislature to make it easier and less risky for patients to obtain and use the drug.

"A program that's already working could reach more people and protect caregivers, and make sure no one is doing anything illegal," said Rep. Ron Erickson, D-Missoula.

Erickson is sponsoring House Bill 311, which would make several changes in the program that allows certain chronically ill patients to use marijuana to ease their pain or medical condition.

On Monday, HB311 comes before the House Judiciary Committee for a hearing at the state Capitol.

Under the current program, a patient can use medical marijuana only after being diagnosed by a physician as having a "debilitating medical condition" and registering with the state. Debilitating medical conditions include cancer, glaucoma, AIDS, severe muscle spasms or chronic pain.

Patients and registered caregivers, who may be relatives or friends, are allowed to possess up to six marijuana plants and one ounce of marijuana.

HB311 would change the law so diagnoses also can be made by nurse practitioners and physician assistants, and so registered patients and caregivers can possess six mature plants and up to 12 ounces of marijuana.

The bill also creates a category of person who can possess the drug: A "transporter," someone who is delivering the drug to a registered patient.

An Eastern Montana man who is a registered patient and who grows marijuana for five other patients says the changes in HB311 make the program more workable.

From 75 to 90 percent of marijuana plant seedlings either die or don't produce the active element of the drug, so being able to possess six "mature" plants makes more sense, he said.

Some patients also may consume one ounce of the drug in a few days, so harvesting 12 ounces at a time is simply more efficient, he said.

"Patients can be threatened with jail for doing what the voters intended they do," he said. "I think the bill would prevent this problem, by allowing patients to grow enough plants to produce the medicine they need and to bring it to their bedside."

The man did not want his name used, saying he's worried about possible harassment by law enforcement or others.

He said the transporter category is needed to protect people who bring the drug to registered patients. He said he knows one patient in an Eastern Montana town whose elderly mother comes to his house to pick up the marijuana.

"She feels a little spooky picking up the medicine," he said. "On the ride home, if she were to get pulled over, she's in possession of something that could send her to jail."

Erickson carried a bill in the 2003 Legislature to legalize medical marijuana, but it was killed. Supporters of the program then took the issue to Montana voters in 2004, through an initiative. It won with 62 percent of the vote.

Erickson noted that the 2004 ballot initiative won approval in 97 of the state's 100 House districts and 48 of its 56 counties.

If lawmakers vote with their constituents on HB311, it should have no trouble passing, he said.

"We have a compassionate population, and I'm hoping we have a compassionate Legislature," Erickson said.

<hr class=postrule>
<center><small>Copyright © The Billings Gazette, a division of Lee Enterprises.</small></center>

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Supporters of medical marijuana want law changed

The Billings Gazette
Monday January 29, 2007


HELENA - The state's 2004 medical marijuana law needs to be changed to let patients grow more plants and posses more marijuana, a key supporter says.

The current law was approved by voters and allows those registered with the state to have one ounce of marijuana at a time, but that should be increased to 12 ounces, said Rep. Ron Erickson, D-Missoula.

He also told a House committee on Monday that the law needs to be changed to allow those registered with the state to have six "mature" marijuana plants, rather than just six plants. More young plants are needed to replace old ones that die, he argued.

Erickson's measure was supported by those behind the 2004 initiative that voters approved with 62 percent of the vote. Paul Befumo said the six-plant, one-ounce limit has turned out to be an impractical combination for keeping a sick person stocked with enough marijuana.

"It's like being told you can have six tomato plants, but only one tomato at any given time," he said.

One opponent showed up, an anti-drug activist from New York, to say medicinal marijuana is supported by special interests who hope to eventually legalize the drug for everyone.

"Their agenda is simple _ legalizing marijuana and using the medicalization of it to get to the end game," said Steve Steiner. "Is it really a medicine?"

The state says about 280 people have registered for the program.

Other changes proposed by Erickson include expanding the law to allow a sick person to designate a "transporter" to legally pick up marijuana for them, and allowing nurse practitioners and physician assistants to prescribe medical marijuana.

Currently, a patient must be being diagnosed by a physician as having a "debilitating medical condition," such as cancer, glaucoma, AIDS, severe muscle spasms or chronic pain.

Erickson carried a bill in the 2003 Legislature to legalize medical marijuana, but it was killed. Supporters then successfully took the issue to the voters the following year.

The House Judiciary Committee did not take immediate action on the bill.

Erickson's bill is House Bill 311.

[palmspringsbum]

Medical marijuana bill shelved

The Billings Gazette

Published on Tuesday, January 30, 2007.
Last modified on 1/30/2007 at 5:06 pm


HELENA - A plan to expand the state's 2004 medical marijuana law was shelved in committee on Tuesday.

Supporters of the provision wanted to let patients grow more plants and posses more marijuana. Voters passed the medical marijuana initiative two years ago after the Legislature initially rejected it.

Republicans on the House Judiciary Committee led an effort to table the bill, sponsored by Rep. Ron Erickson, D-Missoula. They argued the current law has protections built into it to make sure marijuana is not abused.

Erickson argued a day earlier that users of medical marijuana need to be allowed to posses more than one ounce to make sure they always have some available. Other changes Erickson proposed include expanding the law to allow a sick person to designate a ''transporter'' to legally pick up marijuana for them, and allowing nurse practitioners and physician assistants to prescribe medical marijuana.

A patient must be diagnosed by a physician as having a ''debilitating medical condition,'' such as cancer, glaucoma, AIDS, severe muscle spasms or chronic pain, to get medical marijuana.

Erickson's bill is House Bill 311.

[palmspringsbum]

Missoula County officials in quandary over pot initiative

By TRISTAN SCOTT of the Missoulian
February 3, 2007


As Missoula County officials work to revise a recent initiative that deprioritizes adult marijuana offenses, proponents of the measure are decrying the efforts as overzealous.

The countywide measure, dubbed Initiative 2, was approved by about 54 percent of Missoula's electorate in the November election, but also drew its fair share of opponents, including some of Missoula County's top law enforcement officials.


Although the initiative hasn't yet been fully implemented, County Attorney Fred Van Valkenburg has urged the Board of County Commissioners to amend the measure so it excludes felony amounts of marijuana, arguing that voters didn't realize the full range of the initiative when they supported it.

“I think most people in town didn't understand the consequences of adopting this thing,” Van Valkenburg said. “Maybe we didn't do a good enough job of trying to convey our concerns to them.”

Van Valkenburg's principal concern is that voters didn't know the consequences of counting felony marijuana cases as a “lowest law enforcement priority.”

“Before taking that significant step, I think we should find out how people react to treating misdemeanor marijuana cases as a lowest law enforcement priority,” he wrote in an e-mail.

As it stands, Initiative 2 recommends that Missoula County law enforcement and prosecutors make marijuana crimes their single lowest priority, but doesn't include drug use by minors as low-priority offenses.

The measure also calls for a Community Oversight Committee of community members, criminal defense attorneys, a medical marijuana patient and a drug rehabilitation counselor. The oversight committee is charged with the task of investigating marijuana arrests and producing a report on the initiative's effects seven months after its passage.

Angela Goodhope, a spokeswoman for Citizens for Responsible Crime Policy, a group that proposed the measure, has asked county commissioners to leave Initiative 2 in its current form.

“We should allow this to at least crawl before we decide to change or amend it,” Goodhope said.

The measure leans on local law enforcement to make “citations, arrests, property seizures and prosecutions for adult marijuana offenses Missoula County's lowest law enforcement priority.”

Goodhope believes Missoula County's law enforcement resources would be better spent preventing and investigating more serious cimes that threaten people's lives and property, like rape, assault and burglary, while pegging marijuana crimes below even jaywalking or minor traffic offenses.

In a letter to the commissioners, Goodhope discouraged any changes to the initiative, and urged the board to honor Missoula's electorate by accepting their vote.

“The ink is barely dry on our initiative. The oversight committee hasn't yet been appointed and hasn't yet met. Why not relax, leave the voter-passed sentiment as is, and see what happens over the coming year or two?” Goodhope wrote.

According to Barbara Evans, the board's chairwoman, an amendment to the initiative would require the votes of at least two of the three county commissioners. A public hearing to address the topic will be scheduled in the next few weeks, she said, shortly after the formation of the oversight committee.

Evans said the commissioners have almost finished interviewing members for the committee, which is supposed to launch on Feb. 15, and noted that the stringent criteria for committee members has been time consuming.

“We still have a few interviews next week, but we've attracted a good, broad pool of applicants,” Evans said.

Van Valkenburg said he will soon submit a formal request urging the commissioners to amend the measure so it makes exceptions for marijuana sales and possession of quantities exceeding 60 grams.

“I intend to put it out there, but it's completely up to them to amend the existing law,” Van Valkenburg said.

Missoula County Sheriff Mike McMeekin said his department has developed interim policies to track marijuana cases, but can't implement a permanent policy until after the oversight committee is formed.

McMeekin said he believes an amendment to the initiative “would be a prudent move.”

And while Van Valkenburg has already instructed prosecutors in his office to deprioritize marijuana offenses, McMeekin said he refuses to second guess his deputies' judgment of the law.

“I have not and will not advise them. (Marijuana) is still illegal and priorities are set according to public safety and that will not change. Not on my watch anyway.”

But despite Van Valkenburg's cooperation with the initiative, he maintains that it's naive, ill-conceived and counterproductive.

“You could have a very serious marijuana case that takes the cops only a short while to process, but it might take our office two years to resolve because of the court system,” he said. “Marijuana is against the law and it fits into the whole picture of crime. When you're trying to unravel crime, you can't just ignore certain instances where people are breaking the law, whether it's a burned-out tail light or a joint of marijuana. By following those offenses, you'll find your way to bigger crimes.”

But Goodhope wonders why Van Valkenburg doesn't have more patience for the initiative.

“We're really excited to start the implementation process with the oversight committee,” Goodhope said. “We were under the impression that if this did pass we would work cooperatively, so I'm eager to get over this hump.”

Reporter Tristan Scott can be reached at 523-5264 or at tscott@missoulian.com.

[palmspringsbum]

Defendant claims marijuana act doesn't work

By RICHARD HANNERS - Whitefish Pilot
Posted: Thursday, Feb 08, 2007 - 08:07:17 am PST

A Polson man who claimed protection under the state's Medical Marijuana Act after he was caught smoking marijuana at a downtown Whitefish bar recently pleaded guilty to possession of drug paraphernalia.

Luke Venters, 24, claims he has a "debilitating medical condition," that he was "in pain every day for the past 10 years due to my spinal, thoracic and neck injuries/conditions," and that he has severe or persistent muscle spasms.

State law allows individuals who suffer from a debilitating medical condition to smoke marijuana, Venters initially claimed in court documents, and "even if a user is not registered with the state Department of Public Health and Human Services, a medical defense may be raised under the Montana Medical Marijuana Act."

Whitefish City Court Judge Bradley Johnson, however, denied Venters' motion to dismiss the charge based on the act. Johnson agreed with city prosecutor Clif Hayden that Venters was not officially designated as a qualifying patient under the act.

But Johnson went further, noting that Venters shared his pipe with two others on the balcony at Flanagan's Central Station on Sept. 8. Those two individuals later pleaded guilty to misdemeanor possession of dangerous drugs and paid a $100 fine.

Venters pleaded guilty to misdemeanor possession of drug paraphernalia on Jan. 30. Whitefish City Judge Bradley Johnson gave Venters a one-year deferred sentence and ordered him to pay a $100 fine and an $85 surcharge.

Venters said he's proud of how he defended himself in court, saying the marijuana was not his but the pipe was.

"I'm not hurting anyone -- I'm a person in chronic pain," he said. "I wanted the possession of dangerous drugs charge dropped because having that on your record can stop a person from getting financial aid, and I plan on continuing my education."

Venters explained to Johnson the difficulties he has faced trying to get registered under the state law.

"Sixty-two percent of Montana voters approved the medical marijuana bill, but that doesn't mean 62 percent of doctors approve of the law," Venters told the Pilot. "They've washed their hands of it. Many of them are afraid of federal action against them."

Venters said he's tired of being fearful of government and is still trying to get registered under the Montana law.

"There're too many hoops to jump to get registered," he said. "The state should provide a list of doctors who will work with patients. Otherwise, the program just won't work."

In a Nov. 20 brief, Venters told Johnson that "marijuana is a medicine" and a drug.

"How many drugs do we take every day?" he asked. "Coffee? Cigarettes? Alcohol?"

He cited the prevalence of legal drugs promoted on prime-time television, from anti-depressants to weight-loss pills, many of which have side-effects.

"I found myself being thankful to have been blessed with the plant cannabis," he wrote. "I have found more relief for my nerves, stressed-out and sore muscles, and spasming and aching thoracic from using marijuana than I ever have from taking pain killers."

Support for the state's Medical Marijuana Act continues in the legislature. Rep. Ron Erickson, D-Missoula, recently proposed changes that would help patients seeking use of marijuana. The proposal is House Bill 311.

Erickson told a House committee Jan. 29 that the amount of marijuana registered individuals should be allowed to possess should be increased from one ounce to 12.

He also said registered individuals should be allowed to possess six "mature" marijuana plants, not just six plants, because young plants are needed to replace old ones that die.

[palmspringsbum]

County to hold public hearing on Initiative 2

By TRISTAN SCOTT of the Missoulian
February 13, 2007


Having assembled a committee to monitor Missoula County's new marijuana deprioritization initiative, the board of commissioners has scheduled a March 21 public hearing to discuss amendments to the measure.

In December, County Attorney Fred Van Valkenburg urged the commissioners to amend the measure so it excludes felony marijuana offenses. Van Valkenburg argues that voters didn't understand the full scope of the initiative when they supported it in November, and said the consequences of counting felony marijuana cases as a “lowest law enforcement priority” will be more serious than people realize.


The countywide measure, dubbed Initiative 2, was approved by 54 percent of Missoula's electorate, but could be changed if a majority of Missoula's three county commissioners agree to Van Valkenburg's proposed amendments.

As it stands, the measure recommends that Missoula County law enforcement and prosecutors make adult marijuana crimes their single lowest priority (the measure doesn't include drug use by minors as low-priority offenses).

The initiative is a mere suggestion to law enforcement, and not a law, but calls for a nine-member Community Oversight Committee to assess Missoula County law enforcement's implementation of the initiative. The committee has officially been intact since Feb. 7 and consists of three community members, two criminal defense attorneys, a drug rehabilitation counselor, a medical marijuana patient, a harm reduction advocate and a civil liberties advocate. Their first meeting is on Feb. 23 in Room 201 of the Missoula County Courthouse.

But Angela Goodhope, a spokeswoman for Citizens for Responsible Crime Policy, a group that proposed the measure, has asked the commissioners to leave Initiative 2 alone.

Goodhope, who was recently seated on the new oversight committee, believes Missoula County's law enforcement resources would be better spent preventing and investigating more serious cimes that threaten people's lives and property, such as rape, assault and burglary, while pegging marijuana crimes below even jaywalking or minor traffic offenses.

In a letter to the commissioners, she discouraged any changes to the initiative and urged the board to honor Missoula's electorate by accepting their vote.

And while Goodhope doesn't want to see any changes in the initiative, she's willing to compromise. She's proposed an “independent policy statement” that would preface Initiative 2, providing clearer direction to law enforcement without altering its language.

“I'm not going to be content with any changes, but this way they wouldn't be amending the language of a citizens' initiative,” Goodhope said.

Commissioners Barbara Evans and Bill Carey have both expressed interest in an alternative to Van Valkenburg's proposed amendments, but said they'll discuss the specifics of such a proposal more thoroughly at the hearing in March.

“We may try to find another way to deal with this as opposed to amending it,” said Evans, the board's chairwoman.

“Personally, I'd love to find some alternative to changing the wording of Initiative 2 that would still differentiate between misdemeanors and felony offenses.”

However, Van Valkenburg said a policy statement would only create additional conflict between the county attorney's office and law enforcement officers over how marijuana cases should be handled.

“I don't think a policy statement, which lacks the force of law, is helpful at all,” he wrote in an e-mail. “In fact, it will only add to confusion and uncertainty.”

Van Valkenburg has balked at the measure because it makes offenses involving even very large quantities of marijuana a “lowest law enforcement priority.”

In Montana, the possession of more than 60 grams of marijuana is a felony offense. However, felony offenses can also arise if a person is found to be growing, trading or selling marijuana, even if the amount is less than 60 grams.

According to Scott Furois, director of the Montana Board of Crime Control's Statistical Analysis Center, Missoula authorities made 542 marijuana-related arrests during 2005 and 2006. Of those arrests, 26 were strictly felony possession offenses. Meanwhile, 388 arrests involved misdemeanor amounts for which the primary arrest offense was the marijuana violation. In the remaining 128 arrests, the marijuana charge was a secondary offense, meaning the primary arrest offense was not related to marijuana - mostly DUIs and liquor law violations, which include citations to minors for possession of alcohol. The amount of marijuana seized was less than a single gram in 101 of the total arrests.

“The ballot language was clear, and applied to all adult marijuana offenses, not just misdemeanors,” Goodhope said in an e-mail. “Keep in mind that having a single seedling several inches high is a felony offense, giving a marijuana cigarette to a friend is a felony, and Missoula County voters just recommended making those kinds of offenses a lowest priority.”

[palmspringsbum]

Medical marijuana law needs work

By Teresa Michalski - 02/14/07
The Helena Independent-Record

<span class=postbigbold>Your Turn</span>

My son, Travis, died on Dec. 5, 2003, at the age of 29. He was a successful chef by trade, a family man with his own eight-year-old son. Travis was diagnosed with Hodgkin’s Lymphoma, a blood cancer, in January of 2003. He immediately started chemotherapy. This chemo made him deathly ill. He couldn’t keep anything down: not food, pain killers, Marinol, or any other medications.

Travis went on the Internet, did some research, and read information about medical marijuana. We were sitting in the dining room when Travis came in and asked us if it was OK if he smoked marijuana in the house. We knew that would put all of our lives at risk. If we were busted, we could lose our house and possessions. Our daughter could lose her scholarship at MSU.

But, we knew that, with marijuana, Travis was able to eat and keep down his food and medications. In fact, his using marijuana eliminated the need for more narcotic drugs. So, the whole family got behind Travis and supported him.

I still feel the presence of my son daily. That is why I supported the Medical Marijuana Policy Project of Montana, the grassroots organization that drafted, gathered signatures for, and campaigned for Montana’s medical marijuana initiative, I-148, approved overwhelmingly in 2004 by 62 percent of Montana voters.

I didn’t want any other family to live through the fear that we had lived through. We’re law-abiding citizens, but we saw what marijuana did for Travis. Of all the prescriptions Travis took, marijuana was the least invasive one. Most importantly, with marijuana, Travis could keep his food down.

House Bill 311 is legislation needed to fine tune Initiative 148 and help hundreds of patients. In rural areas, nurse practitioners and physician assistants are peoples’ primary care givers. These medical professionals need legal standing to recommend marijuana, just as they currently do with any other drug. Secondly, we need to make legal the transportation of medicine from legal caregivers to legal patients.

Montanans are compassionate toward those with debilitating illnesses, such as cancer, multiple sclerosis, and chronic pain. I think everyone wants the program to work for patients in need.

Legislators need to remember Montanans’ compassion. These legislators didn’t get 62 percent of the vote.

We need 51 votes to bring House Bill 311 out of committee. Please encourage your legislators to support House Bill 311. Thank you.

Teresa Michalski is spokesperson for Montana Medical Marijuana Patients and Families United.

[palmspringsbum]

Published on Thursday, April 12, 2007.
Last modified on 4/12/2007 at 1:15 am

<span class=postbigbold>DEA agents seize medical marijuana</span>
The Billings Gazette

MISSOULA - A Missoula woman worries that she will be forced to buy marijuana from street dealers after federal agents seized a package of medical marijuana that was being delivered to her.

"I don't know how many times I have to fight for this before I can get some peace and not violate any laws," said Robin Prosser, who said medical marijuana is the only thing that helps her manage the pain from a lupus-related immunosuppressive disorder.

Patients and Families United, a Montana group of medical marijuana patients, relatives and friends, on Wednesday called on the state's congressional delegation "to take decisive and forceful action to stop the federal government's persecution of suffering medical marijuana patients in need."

The Montana Medical Marijuana Act, passed in November 2004, allows patients to use marijuana if they suffer from diseases like cancer, glaucoma and HIV, or if they have chronic pain. Those who are prescribed medical marijuana can grow their own or designate a caregiver to grow or obtain marijuana for them.

A package containing 20 grams of marijuana - less than an ounce - being sent to Prosser from her caregiver was seized by the federal Drug Enforcement Agency on March 30 even though the DEA verified with the Department of Public Health and Human Services that Prosser and her caregiver were registered with the state.

"I don't see how they can deny me a thing that saves my life," Prosser said. "I can't eat without it."

Jeff Sweetin, special agent in charge of the DEA's Rocky Mountain Field Division, said his agency was required to investigate after it received a complaint.

"From the DEA's standpoint, it's not medical marijuana, it's just plain marijuana," Sweetin said.

A UPS driver, apparently noting a strong odor of marijuana, flagged the package as "suspicious," and the company's security officer called 911.

Although Sweetin said Prosser almost certainly won't face federal charges, the DEA is more inclined to prosecute caregivers, many of whom provide marijuana for more than one patient.

"Is she in violation of federal law? Absolutely. Will she be prosecuted? No," Sweetin said. "But if you're a caregiver shipping marijuana all over Montana, you stand a relatively good chance of experiencing federal prosecution."

That's a harsh reality for Prosser, who says it has become increasingly difficult to find caregivers willing to risk federal charges. Her only alternative is to obtain marijuana from dealers on the street, which costs more and makes it impossible to settle on a consistent strain of the drug.

"I need a consistent, steady supply of the same strain," Prosser said. "But it's so hard to find a caregiver when the minimum punishment for growing and cultivating is five years under federal law."

Prosser said she had been with her current caregiver less than two months before to the DEA seizure, and she isn't sure where she'll turn next.

"It was the first time I was able to find a consistent supply, so I don't have to fear running out," Prosser said.

Prosser said she has tried growing her own marijuana but was unsuccessful.

[palmspringsbum]

The Billings Gazette

Published on Wednesday, June 13, 2007.
Last modified on 6/13/2007 at 12:02 am

<span class=postbigbold>Letter: Medical marijuana can be grown legally</span>

I am the country boy who lived in Dawson County and challenged Montana law over my use of medical marijuana treating my multiple sclerosis in December 1999.

I was an indoor grower who grew only enough for myself and did 19 months in the Montana State Prison for the crime of taking care of my health the best way that I knew.

I grew illegally until I went to prison. Since prison, I have grown legally in the states of Washington and Oregon.

I cannot understand why the medical-marijuana growers are so afraid of the federal government if they are legitimate, as the 9th District Court of Appeals allow medical necessity as a defense. Have you noticed? Robin Prosser was not and will not be prosecuted. I have never heard of nor seen the feds bother any individual growers growing within the state laws.

I am still able, with minimal help, to maintain my pharmacy. I think that most of Montana's medical-marijuana patients could do the same if they were taught the joy of indoor gardening. As a legal patient, and before, I have always received a lot of satisfaction knowing that I can control the quality, always have my medication without depending on someone else or taking the chance on the quality or availability, and without supporting the black market.

I would love to be able to return to Montana and teach medical-marijuana patients how to depend on themselves to provide for their own medication.

Larry J. Rathbun
Silverton, Ore.

[palmspringsbum]

The Billings Gazette

Published on Saturday, July 28, 2007.
Last modified on 7/28/2007 at 1:31 am

<span class=postbigbold>Guest Opinion: DEA thwarts Montana's medical marijuana law</span>

By ROBIN C. PROSSER

Five years ago, I starved myself to bring attention to the plight of the sick in Montana that need medical marijuana. Two years later, I worked hard on the campaign for our state medical marijuana initiative, which passed with more support than any other.

Two years after that, Missoula voters passed the low-priority law, which directs law enforcement to put the lowest priority on marijuana. When city commissioners wanted to put restrictions on the amounts possessed, citizens lined the aisles to voice complaint.

Four months ago, my medicine was seized in transit by the Drug Enforcement Administration. I've repeatedly asked Gov. Brian Schweitzer, Attorney General Mike McGrath, Rep. Dennis Rehberg and our U.S. senators for their help, for their protection. All defer to the DEA, who say they can't comment on an ongoing investigation.

Ongoing? I'm 50 years old, low-income and sick. I spend most days in my apartment in bed, with no air conditioning, unable to go outside because I can't tolerate the sun. I had a designated caregiver, as our state medical marijuana law allows, but since the DEA interference, I can no longer have my medicine shipped to me. This means I must find a way to drive four hours twice monthly just to get the medicine that saves my life. I've no reliable transportation. I have to beg for rides.

I've had my medical marijuana confiscated by Missoula County sheriff's deputies, even though I had my registry card in hand at the time. It was never entered into evidence, I was never reimbursed.

Where are my fellow citizens now? How do we allow the DEA to persecute the sick? What about our state rights?

I feel immensely let down. I have no safety, no protection, no help just to survive in a little less pain. I can't even get a job due to my medical marijuana use - can't pass a drug test. But in order to be able to function, get up and work, I must have the only medicine that helps me.

I wish I were able to tolerate morphine, OxyContin or fentanyl. Then I'd be left alone. Then I'd be able to get a job.

Give me liberty or give me death. Maybe the next campaign ought to be for assisted-suicide laws in our state. If they will not allow me to live in peace, and a little less pain, would they help me to die, humanely?

Robin C. Prosser of Missoula uses marijuana to treat her lupus, a chronic autoimmune disease. The U.S. House of Representatives is expected to vote soon on an amendment intended to stop the federal Drug Enforcement Administration from taking action against people who are using marijuana in accordance with state or local laws.

[palmspringsbum]

The Billings Gazette

Published on Friday, October 26, 2007.
Last modified on 10/26/2007 at 4:29 pm

<span class=postbigbold>Medical marijuana advocate commits suicide</span>

By The Associated Press

MISSOULA - A Missoula woman who was an outspoken advocate for the medical use of marijuana has committed suicide.

Robin Prosser, who went on a 60-day hunger strike in 2002 to raise awareness of the issue and campaigned for Montana's medical marijuana law in 2004, died on Oct. 18, said Tom Daubert with Patients and Families United, a support group for patients who use medical marijuana.

The Montana Medical Marijuana Act, passed in November 2004, allows patients to use marijuana if they suffer from diseases like cancer, glaucoma and HIV, or if they have chronic pain. Those who are prescribed medical marijuana can grow their own or designate a caregiver to grow or obtain marijuana for them.

In late March, a package containing less than an ounce of marijuana that a caregiver shipped to Prosser via UPS was seized by the federal Drug Enforcement Agency, even though the agency verified that both Prosser and her caregiver were registered with the state.

"I don't see how they can deny me a thing that saves my life. I can't eat without it," said Prosser, who said marijuana is the only thing that eases the pain caused by a lupus-related autoimmune disorder. She has said she can't tolerate some prescription pain relievers and others don't work.

In late July, The Billings Gazette ran a guest opinion written by Prosser, who said the DEA seizure forced to her beg for rides to Kalispell twice monthly to pick up her medical marijuana.

"I feel immensely let down. I have no safety, no protection, no help to survive in a little less pain," Prosser wrote. "I can't even get a job due to my medical marijuana use - can't pass a drug test. But in order to be able to function, get up and work, I must have the only medicine that helps me."

Her letter concluded: "Maybe the next campaign ought to be for assisted-suicide laws in our state. If they will not allow me to live in peace, and a little less pain, would they help me die humanely?"

[palmspringsbum]

The Billings Gazette

Published on Friday, November 02, 2007.
Last modified on 11/2/2007 at 10:23 am

<span class=postbigbold>Livingston men open medical marijuana business</span>

By The Associated Press

LIVINGSTON - Two Montana medical marijuana patients have started a marijuana-growing business that supplies several patients across the state.

Dave Minnick and Rick Rusio operate what they call Caregivers Montana. They even have a Web site at www.caregiversmontana.com.

"I could have stayed hidden and done this, but it wouldn't make it any more right," Minnick said Thursday. "Many people who need this are scared."

Three years ago, Montana voters approved an initiative to allow people with certain medical conditions to alleviate their symptoms through the use of marijuana. State law allows doctors to recommend marijuana for specific conditions, such as chronic pain, severe nausea, seizures and severe or persistent muscle spasms.

Patients must register with the state as do the "caregivers" who grow marijuana.

The Montana Department of Public Health and Human Services has issued what users call "green cards" to 468 people whose doctors have decided that cannabis can help them. It also has issued "caregiver" cards to 167 people who can grow up to six plants for each patient, said Roy Kemp, who runs the medical marijuana registry program for the state health department.

Minnick and Rusio are among the 23 "caregivers," who legally grow and sell medical marijuana to multiple patients. Minnick said he started his medical marijuana business four months ago for two reasons: to help sick people and to make some money.

Right now, he's got more demand than he can supply, and he's looking for a larger space so he can take on more patients.

"Our issue is providing access in a safe, comfortable manner," he said. "It's about providing a necessary service at a reasonable price."

The partners wouldn't reveal the price of their product, but said they sell it for much less than the street price of $300 an ounce or more.

Minnick said he urges everybody involved with medical marijuana to follow the laws.

"This is a privilege given us by the people of Montana," he said. "It's important that people obey the law and not abuse the system."

They know that marijuana can't cure severe illness, but say it can make it easier to tolerate.

"It makes me get up and go and function every day," said Rusio, who is HIV positive and said marijuana eases the nausea caused by his medication and soothes the arthritis pain in his back.

Minnick has a green card allowing him to use marijuana to treat pain from an old back injury. His wife uses it to treat an eye disease related to diabetes.

"As long as he's operating in compliance with the law, he's legal, and I guess we'll act accordingly," Livingston Police Chief Darren Raney said of Minnick's marijuana business.

The federal government could be another issue. Officials have cracked down on medical marijuana operations in California and on a patient in Missoula who obtained marijuana through the mail, but so far haven't busted any Montana caregivers.

But Minnick said he feels confident he'll be all right as long as he complies with state law.

"I feel it's everyone's right," he said. "I honestly believe it works. I'm dealing with the sick and needy."

[palmspringsbum]

The Billings Gazette

Published on Saturday, November 03, 2007.
Last modified on 11/3/2007 at 2:33 am

<span class=postbigbold>Guest Opinion: A tragic casualty in federal war on medical marijuana</span>

By TOM DAUBERT

The nation's Drug Enforcement Administration agents can sleep a little easier tonight. They now have one less medical-marijuana patient to worry about policing.

That's because Montana's leading medical marijuana patient-activist took her own life two weeks ago, a direct result of DEA actions earlier this year. Every patient in the state and all their relatives and friends grieve the loss of Robin Prosser.

It's time for our federal government to end its anti-scientific and brutal war - a war not on drugs, but on sick people like Robin.

For 22 years, Robin suffered the ravages of systemic lupus, a chronic condition that causes the autoimmune system to attack one's own organs and tissues. For Robin, lupus meant a life of unrelenting pain and diverse, horrific side effects. She was allergic to most of the prescription drugs her physicians tried. Only medical marijuana brought her the relief and comfort that made living bearable.

In 2002, Robin made national news by conducting a hunger strike to protest her inability to acquire and use marijuana legally. In 2004, she played an active role in Montana's medical marijuana initiative campaign, appearing in TV and radio ads and writing letters to newspapers about the initiative's importance.

Also in 2004, she attempted suicide. She had run out of medical marijuana and couldn't find any. Plunged again to the depths of her body's medical misery, Robin preferred death to the nightmare of ceaseless pain. Amazingly, Missoula police at the time helped her doctor save her life - and then promptly charged her with the "crime" of possessing a pipe with some marijuana residue staining its insides.

<span postbold>Montana initiative</span>

Several months later, 62 percent of Montanans - the highest percentage ever obtained in a public vote on the subject - made medical marijuana legal for patients like Robin. Today, people from more than half the state's counties are legally registered patients in the program, based on recommendations from 130 physicians.

But the overpowering strength of Montana's vote - more than voted for Bush, for our governor, for our congressman - wasn't enough to resolve Robin Prosser's predicament. While physician recommendations are confidential and fully protected by law and by court decisions, the federal government persists in its persecution of patients. Earlier this year, the DEA intercepted a shipment of legal medicine that was on its way to Robin. Since then, the living hell of her body's condition reawakened, as many registered caregivers in Montana became too afraid of the government to supply her with medicine. Several began growing the strain of medical marijuana that worked best for her, but it takes months of careful work to produce it - time that Robin, in the end, couldn't endure.

This is a states' rights issue, and Montana voters deserve to have their policy honored. This is also a science issue, and Americans deserve a federal government that is intellectually honest enough to acknowledge the existence of hundreds of scientific research reports published in peer-reviewed professional journals over the last several decades, documenting the remarkable medicinal effects of marijuana.

<span class=postbold>The Missoula study</span>

And we in Montana have a special ax to grind, even without Robin Prosser's passing. That's because the only serious study of long-term medicinal use of marijuana is commonly called "The Missoula Study," because its lead author happened to live in Missoula at the time it was conducted.

Dr. Ethan Russo is widely regarded as one of the world's leading experts on cannabis and its use as medicine. His "Missoula Study," published in 2002, reported on the experience of patients who had received and used eight ounces of medical marijuana every month since the 1980s. The patients got (and still get) their monthly marijuana from -are you ready for this? - the federal government, the same government that seized Robin Prosser's medicine. Dr. Russo's research documented that medical marijuana relieved all the patients' suffering better than "traditional" alternatives, and allowed sharp reductions in their need for more expensive, riskier drugs at the same time.

It's progress, at least, that all the Democratic presidential candidates and two of the Republicans have gone on record promising to end federal attacks on medical marijuana patients. And it's important progress that Montana's Rep. Denny Rehberg has supported this same position ever since his constituents adopted a compassionate state policy.

But we've had enough tragedies. Let Robin Prosser be the last casualty of the federal war on medical marijuana.

Tom Daubert of Helena worked on Montana's medical marijuana initiative campaign and helped create Patients & Families United ( www.mtmjpatients.org ).

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Testing Montana medical marijuana users and the law

by Paul Peters , Missoula News
October 4th, 2007


A Kalispell man may be the first in the country to test an employer’s right to fire workers who use state-sanctioned medical marijuana.

According to Flathead District Court documents, Mike Johnson tested positive for marijuana use during a random drug screening at the Columbia Falls Aluminum Company (CFAC) in July of 2006.

In August of that year, according to court documents filed by CFAC, the company gave Johnson a chance to come back on the condition that he submit to, and pass, more drug tests. Johnson declined and was fired, ending 25 years of employment at the Columbia Falls smelter.

Johnson has since filed a wrongful discharge suit against the company, alleging he was fired without just cause.

Johnson, his lawyer, and lawyers for CFAC declined to speak with the Independent about the case.

The court has set a pretrial conference for Oct. 22. Should Johnson’s suit pitting medical marijuana laws against company drug policies go to trial, it will apparently be the first case of its kind, says Dan Bernath of the Marijuana Policy Project—the group which supported the ballot initiative that legalized medical marijuana in Montana.

But Bernath notes that earlier this year the Oregon legislature considered four separate bills on the subject—two that allowed employers to fire medical marijuana users, and two that prohibited such actions.

All four laws died in committee.

Bernath’s group strongly opposes what he calls “discrimination” against medical marijuana users.

“It doesn’t make any sense to us that a worker could be discriminated against for using medicine that is completely legal,” says Bernath. “I find it shocking that this even comes up. It seems pretty clear to us that this ought to be treated like any other medicine. If the state law protects it, there shouldn’t even be a question about it.”

Bernath believes allowing employers to fire workers for use of state-sanctioned medical marijuana is an end run around the will of Montana’s voters, 62 percent of whom passed the state’s medical marijuana law in 2004.

Should Johnson’s case go to trial, Bernath says it could be an important test case that decides how protective Montana’s medical marijuana law is.

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Protected to Death

by Jacob Sullum, Reason Online
November 1st, 2007


Last March, when the Drug Enforcement Administration seized less than half an ounce of cannabis that Robin Prosser, a Missoula lupus patient and medical marijuana activist, had been sent by her caregiver, the special agent in charge of the DEA's Rocky Mountain Field Division said it was "protecting people from their own state laws." Last week, unable to find a reliable supply of the only drug that relieved her pain without causing unacceptable side effects, Prosser killed herself. Although the use of medical marijuana is legal in Montana, friends say suppliers were spooked by the DEA. Writing in the Helena Independent Record, activist Tom Daubert calls Prosser's death "a direct result of DEA actions."

About a month ago I debated drug policy on the Dallas PBS station with a former head of the local DEA office, who insisted that marijuana was not a big priority for the agency. When I pointed out that his former employer was continuing to raid medical marijuana growers and dispensaries in California and other states, he said it couldn't very well sit back and allow that sort of thing. To which my response was: Why not? It is hard to understand, even from the DEA's point of view, how half an ounce of pot can be such a threat that it's worth risking an outcome like this one.

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Corrections proposes medicinal marijuana ban for state parolees

By MATT GOURAS - The Helena Independent-Record - 1/4/08


A Department of Corrections proposal to prohibit all people on parole or probation from obtaining medical marijuana, drinking alcohol or gambling brought stiff resistance from several groups at a rules hearing Thursday.

An attorney for the American Civil Liberties Union of Montana called the proposed ban on medical marijuana “flawed in nearly every aspect.”

It is contrary to current state law, sentencing rules, and runs up against the Montana Constitution, said Elizabeth Griffing.

“It’s almost as if the Department of Corrections is trying to obliquely regulate medical marijuana,” she told a hearings officer. “This is just an overreaching of your authority and jurisdiction.”

Sentencing judges can ban convicts from drinking, gambling or most anything else — if they find a connection between the activity and the crime, the lawyer said.

But the agency says it needs to take the extra step of banning certain behavior for everyone under its supervision. And an addiction counselor said it makes sense to ban gambling because it can create problems.

Public defenders and medical marijuana advocates also oppose the new rules, saying such prohibitions should continue to be made on a case-by-case basis.

As more states have adopted medical marijuana laws, it has created friction with federal authorities who police the drug. Alsbury cited the federal stance as a factor in adopting the rule.

The agency said alcohol and drug use causes higher recidivism rates. And since marijuana is considered illegal by the federal government in any situation, confusion is created for those on probation or parole.

Medical marijuana was legalized by Montana voters in 2004 and the agency has no business siding with the federal government in the ongoing issue and can’t unilaterally change state law, medical marijuana advocates argued. If a doctor prescribes marijuana, the agency has no business saying its use is unwarranted.

“I just want to emphasize that under state law it is not illegal. And the department is a state agency,” said Tom Daubert, who worked on the statewide initiative and now is with a medical marijuana advocacy group called Patients and Families United.

The agency can change the proposal based on the comments, or move ahead as planned. And an interim legislative committee can step in, if it chooses, to review the proposed rule before the agency adopts it.

There are 572 people in Montana registered to receive medical marijuana, according to the state. The state does not track how many parolees are on the list.

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Guest Opinion: DOC sets legal, reasonable rules for parolees


The Billings Gazette
By PAM BUNKE
Department of Corrections
January 17, 2008


The Department of Corrections is not trying to ban the use of medical marijuana by offenders on probation or parole, as some have asserted. The proposed administrative rule change for these offenders does not blindly forbid such use. Rather, as with all standard restrictions placed on probationers and parolees, it allows for exceptions.

The department wants to revise its standard rules of supervision to address concerns over the effect of marijuana use on public safety and the rehabilitation potential for offenders. The department developed these rules in order to maintain an effective system of probation and parole.

Probationers and parolees are individuals who, because they committed crimes, are subject to restrictions in exchange for being allowed to live in the community. They are criminals - some coming from prison - serving sentences for their crimes, and they do not share all the freedoms that ordinary citizens enjoy. That is necessary to provide a level of public safety that Montanans deserve.

Existing rules already mandate, among other things, that offenders report to a probation and parole officer on a regular basis, stay employed, don't move without permission, are subject to search, cannot possess weapons and obey all laws. A judge or the Board of Pardons and Parole may exclude an offender from any of these standard conditions if the offender makes a good case. If "no medical marijuana" is added as a standard rule, an offender can be exempted if he or she presents a compelling case.

An estimated nine out every 10 offenders have some kind of substance-abuse problem and that presents a serious problem for probation and parole officers charged with supervising them in the community. Without assurance that access to medical marijuana is appropriate and justified, these offenders can suffer severe setbacks in their efforts to be productive, law-abiding citizens. That sometimes means more crime and more victims.

The department's proposed rule merely reflects Montana law by striving to ensure that only appropriate people are allowed to use this drug. Under the proposal, a probationer or parolee still can use medical marijuana. All he or she must do is present the case to a judge or the parole board. This is a reasonable requirement.

The judge or parole board does not substitute its decision for that of a physician. The judge or board ensures the physician recommending marijuana use is aware of the offender's legal status and substance abuse or addiction history. The physician then assures the judge or board that, considering all these factors, marijuana is the right drug for the offender and will not hinder rehabilitation.

The department has a legal and moral obligation to help rehabilitate offenders. If they are able to smoke marijuana without a simple review of the merits, accountability is absent. This is not a "one-size-fits-all" rule, and it is no ban. It simply says that medical marijuana for offenders is an issue that should be reviewed on a case-by-case basis so that the best interests of an offender - medical condition, addiction risks and rehabilitation needs - can be balanced with public safety.

Pam Bunke is administrator of the Adult Community Corrections Division of the Department of Corrections in Helena.

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Published on Tuesday, January 22, 2008
The Billings Gazette

Letter: Marijuana essay fell short on facts

I am a member of the board of directors of Patients & Families United (www.mtmjpatients.org), a support group for medical-marijuana patients regardless of their medical condition and for pain patients, whether they use medical marijuana or not. As a result, I am very familiar with the ban on medical marijuana that the Department of Corrections proposes for the small number of patients who happen to be on probation.

The department's opinion essay on this issue, published in the Jan. 17 Gazette, is a bold attempt to mislead the public. I can find nothing in it that is true at all. Contrary to what this "opinion" essay claims, the department's rule would be a total ban, with no specified procedure for making exceptions.

Furthermore, in truth, the department already has been imposing this rule that it hasn't even adopted. And it is doing so without regard to a patient's medical condition, without regard to the physician's opinion. It has told no probationer of his or her right to appeal the ban. And it has imposed this ban even when the treating physician has protested to the department. In other words, the department already has been doing precisely what Pam Bunke claims it never would do!

For Bunke to mislead Gazette readers on this is an insult to patients who suffer severe medical conditions. I find it very disturbing that taxpayers have now paid for the department, in addition, to write an opinion essay that so clearly misrepresents the facts.

Richard Flor
Miles City

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Published on Thursday, January 24, 2008

Letter: State should follow law OK'd by voters

The Billings Gazette

I testified at a recent public hearing in opposition to a proposal by the Department of Corrections to ban medical marijuana for patients who are on probation. After reading the opinion essay by Pam Bunke in the Jan. 17 Gazette, I reread the department's proposed rule. I can find not a shred of truth in Bunke's essay. Contrary to all her claims, the department's rule is a blanket ban that offers no routes for appeal and makes no exceptions in respect to a doctor's professional opinion.

The department has already been imposing this rule even though it hasn't adopted it. Patients on probation have been denied access to the medical marijuana their doctors recommend. This has happened in spite of protests by the doctors, and never has the department advised any of the patients that there might be any possibility of an exception. At best, patients have been told that their only recourse is to first dare to violate the department's ban and then take their chances in court.

I find it unconscionable that the Department of Corrections is so blatantly violating Montana's medical-marijuana law. This is an absurd waste of taxpayer dollars. Right now, people with serious medical conditions are suffering because of this. Keep in mind that our law's approved "qualifying conditions" for medical marijuana - like multiple sclerosis, cancer, glaucoma and chronic pain resulting from varied awful circumstances - occur in the lives of all kinds of people, including Democrats, Republicans and, yes, even people on probation or parole.

Angela Goodhope,
field director
Citizens for Responsible Crime Policy
Missoula

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Medical marijuana group blasts Dillon drug bust


Associated Press - February 17, 2008 1:34 PM ET

DILLON, Mont. (AP) - A pro-medical-marijuana group says a large-scale marijuana bust this month, that law officers in Dillon touted as a major success, was instead the persecution of a terminally ill man, who needed the drug to help ease his suffering.

Patients and Families United, based in Helena says the police action won't stand up in court, thanks to Montana's 3-year-old Medical Marijuana Law.

The group criticized law officers for making a terminally ill man's last days miserable, because of the worry that he would end up in prison.

Tom Daubert (doh-BAIR') is founder and director of the medical marijuana group. He says they will help with the legal defense for the man, whose name has not been released by officials.

Blair Martinson is regional director for the Southwest Montana Drug Task Force. He says officials are pushing ahead with prosecution; and says authorities will make their response in court.


Information from: The Montana Standard, http://www.mtstandard.com

Copyright 2008 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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ACLU provides forum on pain and marijuana

By LORI GRANNIS of the Missoulian
March 1, 2008


A previously unidentified Dillon man, whose trailer was raided by Drug Enforcement Administration agents last month, spoke on behalf of medical marijuana Saturday at the DoubleTree Hotel as part of the American Civil Liberties Union Montana chapter's annual conference.

The seminar, called “Pain as a Civil Liberties Issue,” aimed to raise awareness among patients, physicians and the Missoula community about the fear and legal issues doctors and patients face when considering the use of marijuana to manage pain.

Scott Day, who is terminally ill, was front and center at the conference just one month after the DEA's Southwest Montana Drug Task Force raided his home and reported they confiscated 96 marijuana plants. Day has not been charged in the incident.


For the last 12 years, Day said, he has managed unthinkable chronic pain - the result of a degenerative congenital condition called mucopolysaccharidosis - with marijuana.

“It's debilitating,” Day said. “It hurts so much and right now I'm without access to pain management that was working,” he said.

The 34-year-old Day said he suffers arthritis, muscle spasms, joint inflammation and pain, disintegrated spinal discs, cataracts and glaucoma as a result of the disease that often proves fatal in childhood.

“Without marijuana my muscles hurt. Everything hurts,” Day said of the weeks he's spent without marijuana since the bust.

Tom Daubert, founder and director of Patients & Families United, said the group was invited to put on the seminar by the ACLU.

Patients & Families United helped draft legislation that became Montana's Medical Marijuana Act back in 2004. Voters approved by a wide margin the law that allows people to use marijuana to relieve the pain of qualifying medical conditions.

Daubert said there are about 634 Montanans in 34 counties in Montana who are registered medical marijuana patients, based on recommendations from 145 physicians statewide.

However, Scott Day said he never registered out of fear of persecution.

Current Montana law doesn't require a medical marijuana user to register with the state, but paves a smoother road for those who do, Daubert said.

Daubert said he thinks Day will be protected under the law if he is charged with a crime, because of the way the law is written. “With a legal problem, all you need is for a doctor to agree that your condition existed prior to any arrest, and that the benefits outweigh the risks,” he said.

However, the U.S. Supreme Court ruled that even in states that had legalized the use of medical marijuana, drug agents could arrest sick people. About a year ago, DEA agents seized less than a half-ounce of marijuana sent by a registered Flathead County caregiver to Robin Prosser of Missoula. Prosser was never charged in the case.

Prosser killed herself in October, saying she couldn't tolerate the pain of her immunosuppressive disorder.

“These are the only patients required to break federal law every day and make their own medicine. They need to be left alone,” Daubert said.

People can successfully argue that the amounts they possess are the amounts they need, despite the law allowing users possession of just six marijuana plants and one ounce of harvested product, Daubert said. People don't realize that there are “infinite varieties” of marijuana plants that treat different symptoms, he said.

Scott Day said what frustrates him is that all his plants represented 12 years of research, growing and cultivating strains of cannabis that addressed individual symptoms of his particular disease. Now, they're gone.

“Contrary to what they believed,” Day said, “I wasn't producing a cash crop, I was producing a medicinal crop.”

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Growers keep pot for medicinal use

The Montana Standard
By Nick Gevock - 03/26/2008

<table class=posttable align=right width=185><tr><td class=postcell><img class=postimg src=bin/day_summer.jpg alt="Summer Sutton Day and Scott Day"></td></tr></table>DILLON — A judge Tuesday allowed a couple accused of growing marijuana for sale to keep using it for medicinal purposes while they’re awaiting trial on a host of criminal charges.

District Judge Loren Tucker said although prosecutors assert that Scott Harris Day and Summer Dawn Sutton-Day were growing 96 marijuana plants to deal the drug, a doctor’s approval that they get to use the drug to help alleviate pain from a variety of ailments justified their continued use of it. He rejected a request from Beaverhead County Attorney Marv McCann that the couple be denied any access to marijuana.

“They may utilize whatever the M.D. prescribes for them,” Tucker said Tuesday in Dillon district court.

Day, 34, and Sutton-Day, 29, are facing felony charges of production, possession and intent to distribute dangerous drugs. The couple’s home on Webster Lane north of Dillon was raided last month following and investigation by state and local officials.

Law officers assert they found an elaborate growing operation that included lights, a ventilation system and other hydroponics equipment, court records said. Officials also allege they recovered scales, Baggies and other items that show the couple’s intent was to sell marijuana.

But Day and Sutton-Day have said they were producing the marijuana for medicinal purposes and are registered with the state as legitimate users of the plant. Day suffers from a rare degenerative disease that is terminal and says the marijuana provides relief from pain, while Sutton-Day has said marijuana helps with her chronic pain from a car wreck, anxiety and other ailments.

Tucker entered not guilty pleas on all the charges after Jon Moog, a state public defender representing the couple, said he’d like more time to review the charges. The judge also agreed with McCann’s recommendation that the couple be released on their own recognizance.

McCann argued while the couple is not likely to be a flight risk, they should not be allowed to use marijuana while the case is pending. And he disputed that the couple couldn’t find relief from their symptoms without marijuana.

“Their conduct in operating a lab and marijuana grow is a threat to public safety,” McCann said. “Any type of benefit that they can receive from the marijuana, they can address with their doctors address with their doctors and receive other prescription drugs for.” But Moog said the couple needed the drug and were registered with the state as legal users. He said it wasn’t a surprise that the defense would be based on the state’s recently passed medical marijuana law.

He rejected McCann’s analogy to a person allowed to drink alcohol but then committing a crime by driving drunk.

“Alcohol doesn’t have any medicinal purposes,” Moog said. “Here they have a doctor saying they need the marijuana for medicinal purposes.” Tucker agreed and said despite McCann’s request, the couple could continue to possess and use marijuana even while the case is being prosecuted.

“It’s pretty clear the state doesn’t want your clients to have any marijuana at all,” he said.

— Reporter Nick Gevock may be reached at nick.gevock@mtstandard.com

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By KFBB News Team
Story Published: Mar 10, 2009 at 6:11 PM MDT

Marijuana Law- Does the Punishment Fit the Crime?

In Montana, a higher percentage of marijuana possession cases result in arrest than cases of aggravated assault, vehicle theft, and rape. Supporters of House Bill 541 believe that reducing penalties for possession of small amounts of marijuana would allow law enforcement to focus on more violent crimes, and reduce the burden on overcrowded court systems and jails. They believe that criminalizing individuals and forcing them to live with the stigma of arrest and incarceration is damaging, and that the punishment does not fit the crime.

If the bill passes, possession of marijuana in the amount of 30 grams or less would result in seizure and a $100 fine. Opponents warn that this is too risky, and they are concerned that this leniency would alter public perception and send the message that marijuana is not a big deal.

Proponents of HB 541 want to make it clear that they are not advocating marijuana use, but attempting to revise a policy that they believe is harmful, ineffective, and expensive. Opponents caution that passing this bill would send the state on a slippery slope, and urge legislators to keep this in mind.

In the past three decades, eleven other states have passed similar laws to reduce the penalties for possession of small amounts of marijuana.

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March 11, 2009


Bill to lower penalties for marijuana

By JOHN S. ADAMS Tribune Capitol Bureau

HELENA — Supporters of a bill to decriminalize possession of small amounts of marijuana told a House panel that it's time to bring the punishment in line with the crime.

House Bill 541, introduced by Democratic Rep. Brady Wiseman of Bozeman, would make "simple possession" of less than 30 grams of marijuana an offense punishable by a $50 fine.

Existing law makes possession of 60 grams or less of marijuana a misdemeanor crime punishable by a fine of up to $500 and up to six months in jail.

Wiseman said supporters of HB 541 are not advocating or condoning marijuana use, but are instead proposing a change in how the state enacts its marijuana policy.

"For many years, Montana has engaged in the arrest, handcuffing and prosecution of those who possess small amounts of cannabis," Wiseman said. "We intend to show this policy is a failure in that it has not reduced the incidents of possession among our people. Instead, the policy we have today employs a large number of law enforcement resources to work on a problem whose actual harm is quite small, and leaves far more serious crimes against persons and property going unsolved."

Wiseman also appealed to the pro-gun sensibilities in the room, noting that being arrested for marijuana possession can have longstanding implications on a person's right to own a gun.

Nine proponents of the bill, including a defense attorney and a former police officer, testified that passage of the measure would streamline the criminal justice system, reduce state and local law enforcement costs, and free up police officers to pursue more serious crimes.

Opponents of the measure included representatives from the Montana County Attorneys Association and several law enforcement groups. They argued that the bill would roll back years of drug-use-prevention efforts.

"We believe that decriminalization of marijuana in any amount sends a message statewide that marijuana is not a harmful drug," said Jeff Jergens of the Montana Narcotics Officers Association.

Jesse Slaughter, a Great Falls Police officer and representative of the Montana Police Protective Association, said, if passed, the bill would complicate DUI situations in which marijuana is involved.

"You can argue that it's harmless, but we've also proved that it impairs your ability to drive," Slaughter said.

Supporters of the measure said DUI laws already make driving under the influence of any drug — including prescription medication — illegal.

Supporters, who added they were not advocating marijuana use, said the exiting law is unduly harsh, given the nature of the crime.

John Masterson, a member of the Missoula Marijuana Initiative Oversight Committee, said decriminalization of possession of small amounts of marijuana is "good public policy."

"I have come to the conclusion that our current policy toward adult use of marijuana is an expensive government program that hurts people and is ineffective," Masterson said.

The bill's fiscal note indicates that the measure would save the state Office of the Public Defender about $44,000 annually in legal costs. Supporters said state and local governments probably would save substantially higher amounts of taxpayer dollars than the fiscal note indicates because law enforcement and court costs associated with marijuana possession would be drastically reduced.

The committee is expected to take action on the bill later this week.

<hr class=postrule>

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Bill could lessen marijuana penalties

Story by Molly Priddy | March 11, 2009
Montana Kaimin

HELENA — In what supporters say is an attempt to refocus law enforcement on more serious crimes, lawmakers heard a bill Tuesday that would reduce penalties for possessing 30 grams or less of marijuana.

House Bill 541, sponsored by Rep. Brady Wiseman, D-Bozeman, would make possession of 30 grams or less of marijuana a civil infraction instead of a misdemeanor. The fine would be reduced to a maximum of $100. Currently, anyone in possession of marijuana can recieved a $500 fine and six months in jail.

Wiseman said if the bill passes, it would allow law enforcement to focus time and resources on more dangerous crimes, such as assault and rape.

“Our purpose here today is not to condone or to advocate for the use of marijuana,” Wiseman said. “The policy we have today employs a large number law enforcement resources to work on a problem whose actual harm is quite small and leaves far more serious crimes against person and property going unsolved.”

Wiseman brought a 31-gram jar of spices as a prop to give lawmakers an idea about the proposed amount, saying that most arrests are made for two grams or less. He said removing the misdemeanor charge would lighten the load for overburdened prosecutors.

Supporters for the bill said current marijuana laws are outdated and cause more damage than good.

“We are not talking about drug kingpins here,” said John Masterson, an advocate from Missoula. “These arrests, happening every day in Missoula County alone, are almost always a young person with a very small amount of marijuana.”

These people are arrested and labeled as users, giving the federal government cause to take away their gun rights, student loans and veteran disability benefits, Masterson said.

Angela Goodhope of the Citizens for Responsible Crime Policy said “reefer madness” has caused a social stigma on marijuana. She also said if marijuana laws had been enforced 100 percent, Presidents Obama, Bush and Clinton would have been branded criminals.

But opponents to the bill said any lax measures on marijuana would undo the anti-drug work law enforcement has done.

“The decriminalization of marijuana in possession of any amount sends a message statewide that marijuana is not considered to be a harmful drug,” said Jeff Jergens of the Montana Narcotics Officers Association. “Is that the message we want to send?”

Jesse Slaughter of the Montana Police Protective Association said records of marijuana arrests could be helpful to law enforcement further down the road when those same offenders are charged with more serious crimes.

Slaughter also said law enforcement is not prepared for the potential consequences if the bill passes.

Several lawmakers on the House Judiciary Committee voiced concern over the bill’s lack of language concerning how teenagers should be charged. Wiseman said he intended the bill to apply only to legal adults and would be open to amending it.

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House committee kills medical-marijuana bill

the Helena Indepenent Record
By MIKE DENNISON - IR State Bureau - 03/28/09

A bill to give medical-marijuana patients better access to the drug stalled in a House committee Friday and is likely dead, deadlocking on a party-line vote.

All eight Republicans on the House Human Services Committee voted against Senate Bill 326 and all eight Democrats voted for it.

SB326, sponsored by Sen. Ron Erickson, D-Missoula, would increase the amount of marijuana that a state-licensed patient or “caregiver” can possess, from one to three ounces. It also increased the number of plants a licensed grower can have and listed additional diseases that can be legally treated with marijuana.

Supporters of the bill, which sought to change Montana’s medical-marijuana program enacted by voters in 2004, said patients often can’t get enough of the drug they need under the law’s current limits.

“There are problems with access for people who have a legal right to have the drug,” said Rep. Arlene Becker, D-Billings, who chairs the committee.

But Republican committee members said people on the program already are “pushing the envelope” on marijuana use and possession, and that the expansions in SB326 would continue that trend.

“I just don’t see the need to expand something that doesn’t really have the sideboards on it,” said Rep. Pat Ingraham, R-Thompson Falls. “We can’t even keep tabs on it now.”

Rep. Ron Stoker, R-Darby, said a mature plant under the care of an experienced grower could produce seven ounces to a pound of marijuana, which is more than enough for medicinal use. Most patients need one ounce per week, he said.

He also said he wants to prevent the licensed grower from “back-dooring” extra amounts of the drug for sale to recreational users: “That’s where I think all of this is headed.”

After the vote, Tom Daubert of Patients and Families United, the main group pushing the bill, said Stoker’s last comment is a “gross insult” to patients who are chronically ill and dying. None of them is seeking to make more marijuana available for recreational use, he said.

Daubert also said many patients need more than an ounce a week, especially if they ingest it, and that the best Montana growers can’t get much more than an ounce of marijuana from a single plant.

“It’s very frustrating to hear a legislator who has never been a supporter (of the program) purport to be a growing expert, and he’s completely wrong on everything,” Daubert said of Stoker.

Unless a Republican on the panel decides to change his or her vote, the bill remains locked up in committee. Any attempt to remove the bill from committee would need 60 votes from the full House.

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Montana Supreme Court rules against fired medical-marijuana user

The Great Falls Tribune
By LEN IWANSKI • Associated Press Writer • April 3, 2009

HELENA — The state's Medical Marijuana Act does not protect an employee from being fired for using marijuana, the Montana Supreme Court ruled.

The court dismissed a lawsuit by a Kalispell man fired by Columbia Falls Aluminum Co. because of his state-sanctioned use of medical marijuana.

In July 2006, Mike Johnson tested positive for marijuana in a random drug test. The company said the 25-year employee could return to work if he submitted to additional drug tests and passed them. He refused and was fired.

Johnson filed a wrongful discharge suit and the District Court in Kalispell ruled against him.

He appealed and, in a ruling filed Wednesday, the high court said the medical marijuana law specifically provides that it does not require employers "to accommodate the medical use of marijuana in any workplace.''

Johnson's attorney, John M. Wagner of Kalispell, had argued that to "accommodate'' means the company would have to do something affirmative, such as provide a place for a worker to smoke marijuana during the day if his medical condition required it.


"In my view, the company didn't have to do anything to 'accommodate' him. ... They weren't required to do anything, and that wasn't addressed in the opinion. They glossed over that,'' Johnson said Friday.

The court also said that Johnson was covered by a collective bargaining agreement, and that claims he raised involving the agreement are a matter for federal, not state, courts.

The state's Medical Marijuana Act was enacted by voters in 2004.

Thirteen states now have a medical marijuana law in place and several others are considering such a law this year, said Bruce Mirken of the Marijuana Policy Project, a national advocacy group that helped draft the 2004 Montana initiative.

Along with Montana, states with a medical marijuana law include Hawaii, Alaska, California, Oregon, Washington, New Mexico, Nevada, Colorado, Michigan, Rhode Island, Vermont and Maine, Mirken said.

Under the Montana law, doctors can prescribe marijuana for those suffering from chronic or debilitating disease.

A bill to give medical marijuana patients better access to the drug died in the Montana Legislature last month after stalling in a House committee on a party-line vote.

The bill, sponsored by Sen. Ron Erickson, D-Missoula, would have increased from one ounce to three the amount of marijuana that a state-licensed patient or "caregiver'' could possess.

It also sought to increase the number of plants a licensed grower could have and to list additional diseases that could be legally treated with marijuana.

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Council tables medical-marijuana ordinance

MATT HAGENGRUBER | The Billings Gazette | Posted: Monday, November 9, 2009 11:15 pm

After a passionate public hearing Monday night, the City Council stepped back from imposing restrictions on the city's budding medical marijuana industry.

The council voted 10-0 to table an emergency ordinance that would have limited where medical marijuana businesses can locate, but a refined ordinance will return to the council at an upcoming meeting.

Two weeks ago, Councilman Denis Pitman recommended an emergency ordinance that would have kept medical marijuana businesses away from residential zones and public places such as schools, churches, parks and day-care centers.

The six-month ordinance would have given the city time to work on permanent rules. The proposed rules would have subjected medical marijuana businesses to limits faced by some adult businesses.

But medical marijuana activists showed up Monday night in opposition, saying the rules would limit where they could conduct a legal business. More than one speaker threatened the city with a lawsuit within 48 hours if the council passed the ordinance.

"You cannot include medical marijuana in the category of adult businesses, or it will get you in legal trouble," said Mariah Eastman, who said she was an attorney.

City Attorney Brent Brooks noted that the recent state law legalizing medical marijuana is vague on how such businesses should be run, and Billings seems to be the first city to address the issue. He suggested toning down talk of lawsuits.

"Work with us, not against us," Brooks said.

But one activist, Doug Medina of Billings, accused the council of laughing at medical marijuana patients. Medina's son, also named Doug Medina, said that 44,000 potential medical marijuana patients live in the Billings area.

"All of you are laughing," the senior Medina told the council. "You're so naïve. You don't realize that there are sick people out there."

After hearing the testimony, the council decided to give city staff more time to come up with rules on where medical marijuana businesses could operate. Council members said they didn't want to classify medical marijuana with adult businesses.

City staff pointed out that selling medical marijuana from a home is already illegal, as are most other home-based retail businesses.

The other contentious issue on the agenda was the Billings Bypass project, also known as the Outer Belt Loop. The proposed highway would link Interstates 90/94 with Highway 3, providing a northern route around the city for truck traffic.

The project is estimated to cost up to $250 million and take 25 years to build, so the council voted to recommend building the roadway in phases. The city's representative on the regional Policy Coordinating Committee will take that recommendation to today's PCC meeting. The four-person PCC has final say over the project.

The project is in the environmental review stage, and no final route has been determined. Still, landowner Janice Linn is convinced that the road will plow through her property along Highway 3. As she has at other recent meetings, she railed against the project Monday night.

"The government entity that seizes my land will have to send armed men to take it from me," she said. "They'll have to shoot me."

Contact Matt Hagengruber at mhagengruber@billingsgazette.com or 657-1261.