Pubdate: Sun, 18 Jan 2015
Source: Montana Standard (Butte, MT)
Copyright: 2015 Montana Standard
Contact:  http://www.mtstandard.com/
Details: http://www.mapinc.org/media/609
Author: Charles S. Johnson

MARIJUANA BILLS WAFTING INTO LEGISLATURE

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.
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MAP posted-by: Matt