Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
Fifteen states and the District of Columbia have medical marijuana laws. The Montana Medical Marijuana Act was voter initiated in November 2004 by 62 percent of Montana voters. The act permits the "qualifying patient or caregiver" to "acquire, possess, cultivate, manufacture, deliver, transfer, or transport marijuana not in excess of 1 ounce per patient and six plants per patient."
The patient must have a "qualifying medical condition" as deemed by a physician in order to obtain a card. The patient obtains his or her medical marijuana from caregivers. A caregiver may receive "reasonable compensation" to help with administering medical marijuana. Currently 30,000 people in Montana have medical marijuana cards; the majority of cardholders are between the ages of 18 to 35. As of Feb. 1, 11 caregivers and 145 cardholders were registered in Richland County.
The challenge with medical marijuana is that medical marijuana is marijuana. Marijuana is a Schedule I drug. The federal government has made Schedule I drugs illegal. Both federally and in Montana, Schedule I drugs cannot be prescribed; however, the federal government will not prosecute cardholders or caregivers for possessing the correct amount of marijuana or relevant marijuana paraphernalia. The U.S. Justice Department has stated federal agents will only target medical marijuana distributors when they violate both federal and state law. The Medical Marijuana Act does not "allow or prevent" criminal prosecution of a caregiver who uses marijuana or paraphernalia for personal use. These contradictions make applying local laws and probation statues challenging. "Unless the state gets iron clad guidelines, medical marijuana is a problem for the state and Richland County," City Judge Gregory Mohr said.
The main problem for Mohr and the justice system is that most of the laws in effect today have been in place for hundreds of years. The newest law, besides the most recent Medical Marijuana Act, was put into effect in 1986. The Supreme Court hands down motions every week that change the way Mohr deals with cases. The Medical Marijuana Act allows medicinal use of an illegal drug, and Mohr has to honor that act. Yet the act is clear on one thing. It "does not permit any person to operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marijuana."
The act raises some challenging issues for probation and parole officers. Offenders must obey city, state, and federal laws while on probation, and marijuana is illegal, but the card allows smoking the drug. "The Department of Corrections will allow medical marijuana cards, but these cards can be void if imposed as a condition of probation," Probation and Parole Officer Lloyd Dopp said. But the card is not a perfect solution. It is a misdemeanor if a person knowingly or purposely fabricates or misrepresents a registry identification card to a law enforcement officer. And as Mohr reiterates, "the card is tied to the patient's address."
As far as local law enforcement is concerned, the Medical Marijuana Act does not make it mandatory for caregivers to register with local law enforcement. This adds to the perception of marijuana moving from marijuana as a drug to marijuana as a prescription. Undersheriff Dennis Palmer said, "The law needs to be changed. The simple labeling of marijuana as "medical" started a perception that marijuana must be OK. This perception is incorrect as marijuana still has more carcinogens than tobacco. The act sends our youth a terribly mixed message. Any drug use does impact a community negatively such as criminal activity, domestic disputes and financial problems." In reference to those concerns, recently the city of Sidney passed Emergency Ordinance 510, which extended the previous Ordinance 450. Emergency Ordinance 510 will "prohibit any property in the city of Sidney to be used by a caregiver, as defined by the Montana Medical Marijuana Act, to grow manufacture, pro! duce, or distribute marijuana for a period of 90 days."
NewsHawk: Jim Behr: 420 MAGAZINE
Source: Sidney Herald Leader (MT)
Copyright: 2011 Sidney Herald Leader
Contact: sherald@midrivers.com
Website: Sidney Herald - Sidney, Montana
Details: MapInc
Author: Becca Todd
The patient must have a "qualifying medical condition" as deemed by a physician in order to obtain a card. The patient obtains his or her medical marijuana from caregivers. A caregiver may receive "reasonable compensation" to help with administering medical marijuana. Currently 30,000 people in Montana have medical marijuana cards; the majority of cardholders are between the ages of 18 to 35. As of Feb. 1, 11 caregivers and 145 cardholders were registered in Richland County.
The challenge with medical marijuana is that medical marijuana is marijuana. Marijuana is a Schedule I drug. The federal government has made Schedule I drugs illegal. Both federally and in Montana, Schedule I drugs cannot be prescribed; however, the federal government will not prosecute cardholders or caregivers for possessing the correct amount of marijuana or relevant marijuana paraphernalia. The U.S. Justice Department has stated federal agents will only target medical marijuana distributors when they violate both federal and state law. The Medical Marijuana Act does not "allow or prevent" criminal prosecution of a caregiver who uses marijuana or paraphernalia for personal use. These contradictions make applying local laws and probation statues challenging. "Unless the state gets iron clad guidelines, medical marijuana is a problem for the state and Richland County," City Judge Gregory Mohr said.
The main problem for Mohr and the justice system is that most of the laws in effect today have been in place for hundreds of years. The newest law, besides the most recent Medical Marijuana Act, was put into effect in 1986. The Supreme Court hands down motions every week that change the way Mohr deals with cases. The Medical Marijuana Act allows medicinal use of an illegal drug, and Mohr has to honor that act. Yet the act is clear on one thing. It "does not permit any person to operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marijuana."
The act raises some challenging issues for probation and parole officers. Offenders must obey city, state, and federal laws while on probation, and marijuana is illegal, but the card allows smoking the drug. "The Department of Corrections will allow medical marijuana cards, but these cards can be void if imposed as a condition of probation," Probation and Parole Officer Lloyd Dopp said. But the card is not a perfect solution. It is a misdemeanor if a person knowingly or purposely fabricates or misrepresents a registry identification card to a law enforcement officer. And as Mohr reiterates, "the card is tied to the patient's address."
As far as local law enforcement is concerned, the Medical Marijuana Act does not make it mandatory for caregivers to register with local law enforcement. This adds to the perception of marijuana moving from marijuana as a drug to marijuana as a prescription. Undersheriff Dennis Palmer said, "The law needs to be changed. The simple labeling of marijuana as "medical" started a perception that marijuana must be OK. This perception is incorrect as marijuana still has more carcinogens than tobacco. The act sends our youth a terribly mixed message. Any drug use does impact a community negatively such as criminal activity, domestic disputes and financial problems." In reference to those concerns, recently the city of Sidney passed Emergency Ordinance 510, which extended the previous Ordinance 450. Emergency Ordinance 510 will "prohibit any property in the city of Sidney to be used by a caregiver, as defined by the Montana Medical Marijuana Act, to grow manufacture, pro! duce, or distribute marijuana for a period of 90 days."
NewsHawk: Jim Behr: 420 MAGAZINE
Source: Sidney Herald Leader (MT)
Copyright: 2011 Sidney Herald Leader
Contact: sherald@midrivers.com
Website: Sidney Herald - Sidney, Montana
Details: MapInc
Author: Becca Todd
