MT: Call Special Session To Address Medical Marijuana

Robert Celt

New Member
Dear Gov. Steve Bullock, Montana Senate President Debby Barrett, House Speaker Austin Knudsen, Senate Minority Leader Jon Sesso and House Minority Leader Chuck Hunter:

On behalf of Montana Families United, I am writing urging you to call for a one-day special session! Due to the implications of Senate Bill 423's patient provider restriction (the only one like it in all 25 other medical marijuana states) and the recent Supreme Court ruling, it appears to set Montana and its medical marijuana patients up for a catastrophic event on Aug. 31 without legislative intervention.

SB 423 requires providers to terminate relationships with patients in direct violation of HIPAA laws. While some may argue medical marijuana patients have no protection under HIPPA laws because doctor certifications are not prescriptions, they cannot deny the patient's constitutional protections under due process. No patient, regardless of prescribed/certified medicine, should be dislocated from their medicine on an arbitrary date without a medical evaluation. It is simply unconscionable.

It would seem the 2011 Legislature failed to provide a legal path (for doctors) to evaluate patients and work with providers to identify a priority high-level need list of patients who must have their medication or some type of alternative step-down or replacement medication option. Requiring providers to terminate a patient's certification for medication without any information relating to the patient's health is not only irresponsible but very dangerous.

I plead on behalf of Montana medical marijuana patients for a call of a special legislative session in July or early August to prevent this unnecessary suffering and hardship. I look forward to answering any questions or working with all who wish to find a reasonable and safe alternative to an arbitrary three-patient market-choke mechanism.

I propose a couple legislative solutions for consideration:

1. Remove the patient/provider restriction and cap patients at current levels until the 2017 Legislature has a chance to take up the issue.

2. Provide the Department of Public Health and Human Services with adequate employees to properly administrate and process the doctor patient/provider relationship termination requirement while providing the constitutional protection for due process, and delay the effective date until DPHHS can do so.

These are simple and straightforward and can be done in short order. Thank you in advance for your time and careful consideration of this important request.

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News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: MT: Call Special Session To Address Medical Marijuana
Author: Daniel C. Fuchs
Contact: Missoulian
Photo Credit: Eliza Wiley
Website: Missoulian
 
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