Herb Fellow
New Member
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.
Source: The Helena Independent Record
Copyright: 2008 Associated Press
Contact: MATT GOURAS - Associated Press
Website: Helena Independent Record
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.
Source: The Helena Independent Record
Copyright: 2008 Associated Press
Contact: MATT GOURAS - Associated Press
Website: Helena Independent Record
