Jacob Redmond
Well-Known Member
Helena - Marijuana once again will be an issue at the Legislature, with a number of bills anticipated, from possibly decriminalizing the possession of small amounts of pot to banning medical marijuana.
"I wanted to do a legalization of marijuana bill, but I don't have the energy," Sen. Mary Caferro, D-Helena, said.
Caferro said she's more likely to sponsor legislation to decriminalize possession of small amounts of marijuana.
Asked why she supports these approaches, Caferro said: "Because our prisons are full of people that don't belong there."
On the other end of the spectrum, Sen. David Howard, R-Park City, has a bill that would effectively ban medical marijuana in Montana. It would make illegal in Montana any drugs listed in Schedule I of the Federal Controlled Substances Act, as marijuana is.
"It should pass because marijuana is a Schedule I drug," Howard said.
Passage of his bill would overturn the 2004 election when 62 percent of Montana voters backed an initiative to legalize medical marijuana. It is similar to a proposed ballot measure by SafeMontana, a group that opposes legalization of marijuana, that failed to qualify for the ballot in 2014.
"What we're trying to do is just give clarity to our doctors, our teachers, our law-enforcement officers and our judges," said Steve Zabawa, a Billings car dealership owner and director of SafeMontana.
Between these approaches, a bipartisan group of legislators will meet soon next week to see if they can agree on how to fix the current law, Senate Bill 423, which passed in 2011. Earlier this month, District Judge James Reynolds of Helena permanently blocked a number of its key provisions from being enforced.
Compromise bill
Meeting to discuss a compromise bill will be Sens. Robyn Driscoll, D-Billings; Chas Vincent, R-Libby; and Diane Sands, D-Missoula, and Rep. Jeff Essmann, R-Billings, who was the lead sponsor of the 2011 law.
Driscoll said she hasn't heard that anyone is outraged by Reynolds' decision. She said she's trying to quietly form coalition to get people behind a compromise bill.
Before Reynolds' decision came out, Driscoll already was working on a bill with the Montana Cannabis Industry Association to modify the strict 2011 medical marijuana law.
Door-to-door meetings with constituents convinced her of the need for changes.
"It was elderly people that are really concerned about the law, before the court decision, but many of them were already using medical marijuana and they know that they can't grow their own," Driscoll said. "They know that they don't have the skill, just even the ability to do any type of grow operation, and so they were concerned that the providers would not be there."
A lot of people who don't now have medical marijuana cards told Driscoll they want it available in case they ever do need it because they don't ever want to have to take opiates (prescription painkillers).
"We want to get a workable bill," said Mort Reid, president of the Cannabis Industry Association and a medical marijuana provider in Billings. "(SB)423 is not a workable bill. 423 is basically a repeal bill. It served to cut off legal access to people who had debilitating illnesses."
In early January, Judge Reynolds permanently blocked enforcement of provisions of the 2011 law banning advertising of medical marijuana and forbidding the commercial sale, for profit, of medical pot.
Another part enjoined by Reynolds restricted a medical marijuana provider from helping more than three medical-marijuana cardholders obtain legal pot. The judge also blocked a section of the law requiring an automatic review, by the state Board of Medical Examiners, of any physician certifying 25 or more patients for medical marijuana in any year.
AG to appeal decision
Attorney General Tim Fox intends to appeal Reynolds' decision to the Montana Supreme Court, spokesman John Barnes said last week.
"We aren't introducing any bills on this issue," Barnes said. "We are defending the law as passed by the 2011 Legislature. Given that it will be appealed, we don't think it would be appropriate for Judge Reynolds' decision to serve as the basis for any legislative changes at this point in time."
Driscoll said her bill doesn't seek to go back to the "wide-open" medical marijuana days here before SB423 passed.
"When 62 percent of the people of Montana voted for recognizing medical marijuana as something that can be used positively to treat people, I think we owe it to them to come up with a workable solution, and 423 was not a workable solution," Driscoll said.
Her bill with the industry group still would give communities to power to decide whether to allow or ban medical pot storefronts and allow for inspections of businesses selling medical pot.
It would allow medical marijuana providers to be paid for their services, remove the three-patient per provider limit, allow providers to hire staff and would make it clear marijuana testing laboratories are legal. It also would drop the automatic investigation of physicians who recommend medical marijuana for patients.
Driscoll's bill would ask post-traumatic stress syndrome to the list of health conditions for which medical marijuana can be recommended.
Rep. Rae Peppers, D-Lame Deer, said she's heard from a number of "wounded warriors" whose PTSD is giving them nightmares. She wants to add that condition to those to obtain medical marijuana.
Rep. David "Doc" Moore, R-Missoula, is sponsoring HB173, which would take effect only if Montana voters decide to legalize marijuana, as states such as Colorado and Washington have.
If Montanans legalize pot, his bill provides it would be up to the Legislature, not state government agencies, to write the rules to implement the law. Moore said this would include rules regarding taxation, banking and law enforcement.
"There's so many places that are affected, we can't hand it off to agencies," Moore said.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Marijuana bills wafting into Legislature
Author: Charles Johnson
Contact: editor@mtstandard.com
Photo Credit: None Found
Website: MTStandard.com - Butte, Montana
"I wanted to do a legalization of marijuana bill, but I don't have the energy," Sen. Mary Caferro, D-Helena, said.
Caferro said she's more likely to sponsor legislation to decriminalize possession of small amounts of marijuana.
Asked why she supports these approaches, Caferro said: "Because our prisons are full of people that don't belong there."
On the other end of the spectrum, Sen. David Howard, R-Park City, has a bill that would effectively ban medical marijuana in Montana. It would make illegal in Montana any drugs listed in Schedule I of the Federal Controlled Substances Act, as marijuana is.
"It should pass because marijuana is a Schedule I drug," Howard said.
Passage of his bill would overturn the 2004 election when 62 percent of Montana voters backed an initiative to legalize medical marijuana. It is similar to a proposed ballot measure by SafeMontana, a group that opposes legalization of marijuana, that failed to qualify for the ballot in 2014.
"What we're trying to do is just give clarity to our doctors, our teachers, our law-enforcement officers and our judges," said Steve Zabawa, a Billings car dealership owner and director of SafeMontana.
Between these approaches, a bipartisan group of legislators will meet soon next week to see if they can agree on how to fix the current law, Senate Bill 423, which passed in 2011. Earlier this month, District Judge James Reynolds of Helena permanently blocked a number of its key provisions from being enforced.
Compromise bill
Meeting to discuss a compromise bill will be Sens. Robyn Driscoll, D-Billings; Chas Vincent, R-Libby; and Diane Sands, D-Missoula, and Rep. Jeff Essmann, R-Billings, who was the lead sponsor of the 2011 law.
Driscoll said she hasn't heard that anyone is outraged by Reynolds' decision. She said she's trying to quietly form coalition to get people behind a compromise bill.
Before Reynolds' decision came out, Driscoll already was working on a bill with the Montana Cannabis Industry Association to modify the strict 2011 medical marijuana law.
Door-to-door meetings with constituents convinced her of the need for changes.
"It was elderly people that are really concerned about the law, before the court decision, but many of them were already using medical marijuana and they know that they can't grow their own," Driscoll said. "They know that they don't have the skill, just even the ability to do any type of grow operation, and so they were concerned that the providers would not be there."
A lot of people who don't now have medical marijuana cards told Driscoll they want it available in case they ever do need it because they don't ever want to have to take opiates (prescription painkillers).
"We want to get a workable bill," said Mort Reid, president of the Cannabis Industry Association and a medical marijuana provider in Billings. "(SB)423 is not a workable bill. 423 is basically a repeal bill. It served to cut off legal access to people who had debilitating illnesses."
In early January, Judge Reynolds permanently blocked enforcement of provisions of the 2011 law banning advertising of medical marijuana and forbidding the commercial sale, for profit, of medical pot.
Another part enjoined by Reynolds restricted a medical marijuana provider from helping more than three medical-marijuana cardholders obtain legal pot. The judge also blocked a section of the law requiring an automatic review, by the state Board of Medical Examiners, of any physician certifying 25 or more patients for medical marijuana in any year.
AG to appeal decision
Attorney General Tim Fox intends to appeal Reynolds' decision to the Montana Supreme Court, spokesman John Barnes said last week.
"We aren't introducing any bills on this issue," Barnes said. "We are defending the law as passed by the 2011 Legislature. Given that it will be appealed, we don't think it would be appropriate for Judge Reynolds' decision to serve as the basis for any legislative changes at this point in time."
Driscoll said her bill doesn't seek to go back to the "wide-open" medical marijuana days here before SB423 passed.
"When 62 percent of the people of Montana voted for recognizing medical marijuana as something that can be used positively to treat people, I think we owe it to them to come up with a workable solution, and 423 was not a workable solution," Driscoll said.
Her bill with the industry group still would give communities to power to decide whether to allow or ban medical pot storefronts and allow for inspections of businesses selling medical pot.
It would allow medical marijuana providers to be paid for their services, remove the three-patient per provider limit, allow providers to hire staff and would make it clear marijuana testing laboratories are legal. It also would drop the automatic investigation of physicians who recommend medical marijuana for patients.
Driscoll's bill would ask post-traumatic stress syndrome to the list of health conditions for which medical marijuana can be recommended.
Rep. Rae Peppers, D-Lame Deer, said she's heard from a number of "wounded warriors" whose PTSD is giving them nightmares. She wants to add that condition to those to obtain medical marijuana.
Rep. David "Doc" Moore, R-Missoula, is sponsoring HB173, which would take effect only if Montana voters decide to legalize marijuana, as states such as Colorado and Washington have.
If Montanans legalize pot, his bill provides it would be up to the Legislature, not state government agencies, to write the rules to implement the law. Moore said this would include rules regarding taxation, banking and law enforcement.
"There's so many places that are affected, we can't hand it off to agencies," Moore said.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Marijuana bills wafting into Legislature
Author: Charles Johnson
Contact: editor@mtstandard.com
Photo Credit: None Found
Website: MTStandard.com - Butte, Montana
