Jacob Bell
New Member
The transition to the state's new medical marijuana law is proving confusing to some patients and caregivers – and creating dissension in Helena.
Locally, the impact of the new law is already evident. During the Columbia Falls City Council's May 16 meeting, city manager Bill Shaw noted that some medical marijuana shops in town had already closed their doors. When asked by councilor Mike Shepard how city police will deal with the transition, including dealing with "basement operations," Shaw said he doesn't expect any problems.
Officials at the state Department of Public Health and Human Services announced May 13 they planned to continue issuing medical marijuana cards, while legislators claim the new law repeals the department's authority to do so.
Department spokesman Jon Ebelt said Senate Bill 423 is unclear about cards that have already been issued. The department has a 60-day backlog of applications and intends to issue cards under the old form until June 20, he said.
DPHHS supervisor Roy Kemp called the May 14 deadline to stop issuing cards unreasonable and said patients haven't had sufficient time to prepare for the new law.
Legislators who supported the reform bill and its more restrictive regulations say there is nothing ambiguous about SB 423 and called DPHHS's actions politically motivated. The bill's sponsor, Sen. Jeff Essmann, R-Billings, said DPHHS would be breaking the law if it continues to issue cards under the old law to June 20.
DPHHS summarized changes in the state law in a notice recently mailed out to medical marijuana patients:
- Cards held by currently registered patients will remain valid until the expiration date printed on the card.
- Patients may renew cards 30 days before the expiration date, but anyone with an expiration date later than July 20 must renew under the new program.
- The department will stop accepting the old registration forms on June 20.
- Patients who grow their own medical marijuana can continue under the new limitations: 12 seedlings, four mature flowering plants and one ounce of usable marijuana.
- Patients receiving medical marijuana from a caregiver will have no caregiver effective July 1. At that time, patients can grow their own marijuana or find a registered provider who will provide them with medical marijuana at no cost. Patients who name a provider can no longer grow their own.
DPHHS provides more information online at Department of Public Health & Human Services - Montana Medical Marijuana Program with links for patients seeking advice on how to grow their own marijuana.
Meanwhile, medical marijuana providers have turned to the courts for rulings under the old law. But when a caregiver in Missoula filed suit arguing that caregivers should be allowed to sell marijuana to other caregivers, Missoula District Court Judge John Larsen ruled April 6 that the act passed by voter initiative in 2004 specifically prohibited such transactions.
A similar lawsuit was filed in Flathead County District Court after caregiver Robin Ruiz and patient Leif Erickson were arrested Feb. 3 with three pounds of marijuana while en route to Great Falls. In a reply to the lawsuit, Flathead County deputy attorney Tara Fugina said the matter should be addressed in the Montana Supreme Court because the issue is of statewide interest.
Two medical marijuana providers have also filed suit in U.S. District Court in Missoula claiming the federal government violated their civil rights during a statewide raid on March 14. Twenty-six search warrants were executed by the FBI, the Drug Enforcement Agency, the Bureau of Alcohol, Tobacco and Firearms and other federal agencies, with help from state and local law enforcement.
U.S. Attorney for Montana Michael Cotter said the raids were the result of an 18-month investigation and weren't aimed at seriously ill patients who use medical marijuana.
Lawyers for the Montana Caregivers Association and MCM Caregivers say the raids were unconstitutional, exceeded the government's authority and pre-empted the state's medical marijuana law in violation of the U.S. Constitution's 10th Amendment.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: flatheadnewsgroup.com
Author: Richard Hanners
Contact: Contact Us
Copyright: Hagadone Corporation
Website: Marijuana reform law causing confusion
Locally, the impact of the new law is already evident. During the Columbia Falls City Council's May 16 meeting, city manager Bill Shaw noted that some medical marijuana shops in town had already closed their doors. When asked by councilor Mike Shepard how city police will deal with the transition, including dealing with "basement operations," Shaw said he doesn't expect any problems.
Officials at the state Department of Public Health and Human Services announced May 13 they planned to continue issuing medical marijuana cards, while legislators claim the new law repeals the department's authority to do so.
Department spokesman Jon Ebelt said Senate Bill 423 is unclear about cards that have already been issued. The department has a 60-day backlog of applications and intends to issue cards under the old form until June 20, he said.
DPHHS supervisor Roy Kemp called the May 14 deadline to stop issuing cards unreasonable and said patients haven't had sufficient time to prepare for the new law.
Legislators who supported the reform bill and its more restrictive regulations say there is nothing ambiguous about SB 423 and called DPHHS's actions politically motivated. The bill's sponsor, Sen. Jeff Essmann, R-Billings, said DPHHS would be breaking the law if it continues to issue cards under the old law to June 20.
DPHHS summarized changes in the state law in a notice recently mailed out to medical marijuana patients:
- Cards held by currently registered patients will remain valid until the expiration date printed on the card.
- Patients may renew cards 30 days before the expiration date, but anyone with an expiration date later than July 20 must renew under the new program.
- The department will stop accepting the old registration forms on June 20.
- Patients who grow their own medical marijuana can continue under the new limitations: 12 seedlings, four mature flowering plants and one ounce of usable marijuana.
- Patients receiving medical marijuana from a caregiver will have no caregiver effective July 1. At that time, patients can grow their own marijuana or find a registered provider who will provide them with medical marijuana at no cost. Patients who name a provider can no longer grow their own.
DPHHS provides more information online at Department of Public Health & Human Services - Montana Medical Marijuana Program with links for patients seeking advice on how to grow their own marijuana.
Meanwhile, medical marijuana providers have turned to the courts for rulings under the old law. But when a caregiver in Missoula filed suit arguing that caregivers should be allowed to sell marijuana to other caregivers, Missoula District Court Judge John Larsen ruled April 6 that the act passed by voter initiative in 2004 specifically prohibited such transactions.
A similar lawsuit was filed in Flathead County District Court after caregiver Robin Ruiz and patient Leif Erickson were arrested Feb. 3 with three pounds of marijuana while en route to Great Falls. In a reply to the lawsuit, Flathead County deputy attorney Tara Fugina said the matter should be addressed in the Montana Supreme Court because the issue is of statewide interest.
Two medical marijuana providers have also filed suit in U.S. District Court in Missoula claiming the federal government violated their civil rights during a statewide raid on March 14. Twenty-six search warrants were executed by the FBI, the Drug Enforcement Agency, the Bureau of Alcohol, Tobacco and Firearms and other federal agencies, with help from state and local law enforcement.
U.S. Attorney for Montana Michael Cotter said the raids were the result of an 18-month investigation and weren't aimed at seriously ill patients who use medical marijuana.
Lawyers for the Montana Caregivers Association and MCM Caregivers say the raids were unconstitutional, exceeded the government's authority and pre-empted the state's medical marijuana law in violation of the U.S. Constitution's 10th Amendment.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: flatheadnewsgroup.com
Author: Richard Hanners
Contact: Contact Us
Copyright: Hagadone Corporation
Website: Marijuana reform law causing confusion
