Pubdate: Mon, 09 May 2011
Source: Missoulian (MT)
Copyright: 2011 Missoulian
Contact:  http://www.missoulian.com/
Details: http://www.mapinc.org/media/720
Author: Charles S. Johnson, Missoulian State Bureau

MEDICAL MARIJUANA GROUP HIRES PROMINENT LAWYER TO FIGHT NEW LAW

HELENA - The new Montana Cannabis Industry Association said Monday it
raised $50,000 in five days to hire prominent Bozeman attorney James
Goetz to challenge the recently passed medical marijuana law if Gov.
Brian Schweitzer lets it become law on Friday.

Schweitzer has said he will let Senate Bill 423, passed by the 2011
Legislature, become law without his signature.

"We raised it with phone calls, electronic networking and community
meetings," said Kate Cholewa, a board member of the Cannabis Industry
Association. "People care deeply about this."

She said the association is overwhelmed by the support it is receiving
to fight the bill.

"It's about more than marijuana now," Cholewa said. "It's about
democracy, the constitution, health care and the fulfillment of
compassionate voter intent. This is big."

She said the 2011 Legislature didn't fix the state's medical marijuana
law, but made it worse for everyone.

"The people of Montana aren't going to take the decimation of
Montana's medical marijuana law lying down," Cholewa said. "And people
clearly understand that SB423 was designed to obstruct what voters
intended, make it impossible for patients to obtain physician
recommendations and to obstruct access to safe cannabis, regardless of
a person's medical need and necessity."

The law repeals the current law and imposes new provisions, such as
requiring the state Board of Medical Examiners to investigate any
physician who has made more than 25 referrals for patients to get
medical marijuana in a 12-month period.

The physician under review would have to pay for the costs of the
investigation.

"This alone does extraordinary damage," Cholewa said. "Doctors have
told us they will no longer make referrals under the new law, no
matter how severe a patient's condition."

***

The group said last week it wants Goetz to delay the new law's
implementation and then get a court to strike it down entirely. This
delay will give the association time to collect the necessary
signatures needed for a referendum to suspend the law and keep it from
being implemented. Then voters in November 2012 would vote whether to
keep or reject SB423.

SB423, sponsored by Senate Majority Leader Jeff Essmann, R-Billings,
would repeal the 2004 voter-passed law that lets certain people in
Montana to use marijuana for medical purposes. It would put in place
more restrictions on the industry, including some aimed at making it
harder for people to obtain medical marijuana cards.

In response to Cholewa's comments, Essmann said, "The law was intended
to deal with abuses. If they want the abuses to continue, they have
every right to go to court. I'm hopeful that the attorney general will
provide a strong defense of the law that was passed by the
overwhelming support of the Montana Legislature."

As for the reviews of physicians, Essmann said state statistics show
that 85 percent of the Montana physicians who have recommended medical
marijuana for patients have done so for less than 20 patients apiece.

The bill requires that those patients claiming "severe chronic pain"
must obtain either objective proof from a physician or an opinion from
a second physician confirming it.

"We did so because of the strong suspicion that the tens of thousands
of cardholders under 40 with severe chronic pain diagnoses may not be
legitimate," Essmann said. 
- ---
MAP posted-by: Richard R Smith Jr.