Katelyn Baker
Well-Known Member
Now that the Supreme Court has thrown the legal ball on medical marijuana totally back into Montana's court system, the possible impact on over 12,000 patients calls for the immediate application of some good-government common sense.
Earlier this year, Montana's Department of Public Health and Human Services showed the state had 13,640 medical marijuana patients, ranging from 18 to over 90 years old, with an average patient age of 47 years. Those patients were served by 471 medical cannabis providers, ranging from one to over 700 patients. Therein lies the rub and the common-sense challenge.
A Feb. 25, 2016, Montana Supreme Court decision restricted each provider/dispensary to three patients, effective Aug. 31. The most patients the 471 providers in Montana could provide medication to would then be 1,413 patients, leaving 12,227 patients without a provider. Also, many providers will likely have to close down. What business or medical provider could operate with just three legislatively-mandated patients? So, come Aug. 31, the number of unprotected Montanans will likely be even more than 12,227 Montanans - all left hanging, swaying in the wind.
That might be "the way it is," as they say, but there is an intervening fact. Just 70 days after Aug. 31, all Montanans will decide at the ballot box whether or not to to reenact a new and improved, responsible and accountable administration of our medical marijuana program. Backers of Initiative 182 turned in 42,156 signatures to clerks and recorders by the deadline, way more than the 24,175 signatures needed, and it's likely to qualify in 40 to 50 legislative districts (34 districts are required). Based upon history (62 percent voted for medical marijuana in 2004) and current strong current support, it's likely that every one of those 12,000-plus Montanans ruthlessly thrown off their medicines Aug. 31 will be able to sign up for medical marijuana again come November. They would have suffered serious life disruption, but to what purpose?
That's the common-sense challenge. Is this life-altering situation for 12,000 Montanans - jolting them in and out of their important medical regimens for 70-90 days - the best way to handle this technical legal deadline issue? After all, the implementation of this draconian 2011 statute has been in limbo for more than five years. Delaying it another 70 to 90 days to avoid serious disruption in the lives of over 12,000 Montanans seems to be a "no-brainer."
Our courts need to enforce the law, but our system has room for the humane administration of justice. State District Judge James Reynolds, who now has the case, or the Supreme Court itself, should do the common-sense and humane thing and delay the deadline until after the election, when it may become unnecessary, supplanted by a new law. Attorney General Tim Fox should also apply common sense and compassion by not further appealing anything. In fact, he should remove his objection to the current "post-election date" appeal to show some common sense as well as respect and concern for the 12,000 Montanans who need his help.
In this case, justice delayed will not be justice denied. This case can demonstrate compassion and common sense by elected officials who should know what's right. There's no reason to subject 12,000 of our fellow Montanans with cancer and other debilitating diseases to anything but common sense, even if you oppose medical marijuana.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Courts Should Use Common Sense On Cannabis Deadline
Author: Evan Barrett
Contact: (406) 791-1444
Photo Credit: Great Falls Tribune
Website: Great Falls Tribune
Earlier this year, Montana's Department of Public Health and Human Services showed the state had 13,640 medical marijuana patients, ranging from 18 to over 90 years old, with an average patient age of 47 years. Those patients were served by 471 medical cannabis providers, ranging from one to over 700 patients. Therein lies the rub and the common-sense challenge.
A Feb. 25, 2016, Montana Supreme Court decision restricted each provider/dispensary to three patients, effective Aug. 31. The most patients the 471 providers in Montana could provide medication to would then be 1,413 patients, leaving 12,227 patients without a provider. Also, many providers will likely have to close down. What business or medical provider could operate with just three legislatively-mandated patients? So, come Aug. 31, the number of unprotected Montanans will likely be even more than 12,227 Montanans - all left hanging, swaying in the wind.
That might be "the way it is," as they say, but there is an intervening fact. Just 70 days after Aug. 31, all Montanans will decide at the ballot box whether or not to to reenact a new and improved, responsible and accountable administration of our medical marijuana program. Backers of Initiative 182 turned in 42,156 signatures to clerks and recorders by the deadline, way more than the 24,175 signatures needed, and it's likely to qualify in 40 to 50 legislative districts (34 districts are required). Based upon history (62 percent voted for medical marijuana in 2004) and current strong current support, it's likely that every one of those 12,000-plus Montanans ruthlessly thrown off their medicines Aug. 31 will be able to sign up for medical marijuana again come November. They would have suffered serious life disruption, but to what purpose?
That's the common-sense challenge. Is this life-altering situation for 12,000 Montanans - jolting them in and out of their important medical regimens for 70-90 days - the best way to handle this technical legal deadline issue? After all, the implementation of this draconian 2011 statute has been in limbo for more than five years. Delaying it another 70 to 90 days to avoid serious disruption in the lives of over 12,000 Montanans seems to be a "no-brainer."
Our courts need to enforce the law, but our system has room for the humane administration of justice. State District Judge James Reynolds, who now has the case, or the Supreme Court itself, should do the common-sense and humane thing and delay the deadline until after the election, when it may become unnecessary, supplanted by a new law. Attorney General Tim Fox should also apply common sense and compassion by not further appealing anything. In fact, he should remove his objection to the current "post-election date" appeal to show some common sense as well as respect and concern for the 12,000 Montanans who need his help.
In this case, justice delayed will not be justice denied. This case can demonstrate compassion and common sense by elected officials who should know what's right. There's no reason to subject 12,000 of our fellow Montanans with cancer and other debilitating diseases to anything but common sense, even if you oppose medical marijuana.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Courts Should Use Common Sense On Cannabis Deadline
Author: Evan Barrett
Contact: (406) 791-1444
Photo Credit: Great Falls Tribune
Website: Great Falls Tribune
