Katelyn Baker
Well-Known Member
Helena – A bill to correct a drafting error that delayed when the three-patient provision for medical marijuana providers was repealed passed out of the Senate State Administration Committee on Monday on a 6-2 vote.
Sen. Fred Thomas, who carried Senate Bill 131, asked for quick consideration, saying it was the will of voters who approved Initiative 182 in November.
In 2011 the Montana Legislature passed Senate Bill 423, which severely limited the use and distribution of medical marijuana in the state, most notably limiting providers to only having three patients. I-182, which passed with nearly 58 percent of the vote, reversed that and a requirement the state review any doctors who prescribe medical marijuana to more than 25 patients a year.
But due to a drafting error, the part of the initiative that allowed for more than three patients per provider was not set to take effect until July 1, 2017.
After the election, the Montana Cannabis Industry Association filed a lawsuit in Lewis and Clark County District Court over the start date and District Court Judge James P. Reynolds issued a ruling in December removing the three-patient limit.
Thomas' bill also admonishes the court for issuing the ruling, saying it violated the Montana Constitution's provision for separation of powers.
"The district judge seemed to exceed their authority granted in the (state) Constitution," he said. "It had the direct effect of re-writing legislation."
Thomas said it's the role of the Legislature to write laws and the court's job to determine whether what the legislature and executive branch is constitutional or not and interpret meaning. He said that in the case of situations such as a drafting error in the language of an initiative, a special session of the Legislature is the proper venue to make a correction.
Sen. Sue Malek, D-Missoula, objected to the section and brought an amendment, which failed, to remove the language. The other no-vote was Sen. Lea Whitford, D-Browning.
"I would hope we would not go so far as to accuse a court of violating the Montana Constitution," she said.
Sen. Doug Kary, R-Billings, supported the section. I think we do need to leave this in if we want to be an equal and separate branch."
Sen. Nels Swandal, a former district court judge, said he agreed Reynolds' ruling violated the Constitution.
"It had no business to go in and change language that was clearly written," he said. "What the court should have done was direct the parties to go to the Legislature and get it changed."
The bill will now move to the Senate floor for consideration.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Bill Would Fix Start-Date Of Medical Marijuana Initiative
Author: Holly Michels
Contact: (800) 877-1074
Photo Credit: None Found
Website: Montana Standard
Sen. Fred Thomas, who carried Senate Bill 131, asked for quick consideration, saying it was the will of voters who approved Initiative 182 in November.
In 2011 the Montana Legislature passed Senate Bill 423, which severely limited the use and distribution of medical marijuana in the state, most notably limiting providers to only having three patients. I-182, which passed with nearly 58 percent of the vote, reversed that and a requirement the state review any doctors who prescribe medical marijuana to more than 25 patients a year.
But due to a drafting error, the part of the initiative that allowed for more than three patients per provider was not set to take effect until July 1, 2017.
After the election, the Montana Cannabis Industry Association filed a lawsuit in Lewis and Clark County District Court over the start date and District Court Judge James P. Reynolds issued a ruling in December removing the three-patient limit.
Thomas' bill also admonishes the court for issuing the ruling, saying it violated the Montana Constitution's provision for separation of powers.
"The district judge seemed to exceed their authority granted in the (state) Constitution," he said. "It had the direct effect of re-writing legislation."
Thomas said it's the role of the Legislature to write laws and the court's job to determine whether what the legislature and executive branch is constitutional or not and interpret meaning. He said that in the case of situations such as a drafting error in the language of an initiative, a special session of the Legislature is the proper venue to make a correction.
Sen. Sue Malek, D-Missoula, objected to the section and brought an amendment, which failed, to remove the language. The other no-vote was Sen. Lea Whitford, D-Browning.
"I would hope we would not go so far as to accuse a court of violating the Montana Constitution," she said.
Sen. Doug Kary, R-Billings, supported the section. I think we do need to leave this in if we want to be an equal and separate branch."
Sen. Nels Swandal, a former district court judge, said he agreed Reynolds' ruling violated the Constitution.
"It had no business to go in and change language that was clearly written," he said. "What the court should have done was direct the parties to go to the Legislature and get it changed."
The bill will now move to the Senate floor for consideration.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Bill Would Fix Start-Date Of Medical Marijuana Initiative
Author: Holly Michels
Contact: (800) 877-1074
Photo Credit: None Found
Website: Montana Standard
