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." [continues 906 words]
HELENA - A Billings businessman has proposed an initiative for the November 2014 ballot that effectively would ban the possession, use, cultivation, trafficking and transportation of marijuana in Montana. Steve Zabawa submitted the measure this week to Secretary of State Linda McCulloch's office. If approved, it would change state law to say that any drug listed on Schedule 1 of the Federal Controlled Substances Act "may not be legally possessed, received, transferred, manufactured, cultivated, trafficked, transported or used in Montana." Marijuana is listed on Schedule 1 of the Controlled Substances Act. [continues 469 words]
HELENA Medical marijuana advocates are making a final try this legislative session to amend the 2011 law that imposed tighter restrictions on what was then a booming industry here. Sen. Dave Wanzenried, D-Missoula, recently introduced Senate Bill 377 for a group called Montana Association for Rights. No hearing date has been set yet. The bill has been assigned to the Senate Business and Labor Committee, but he hopes to get it moved to the Judiciary Committee. SB377 may face long odds for passage because it expands the 2011 medical marijuana law in some ways. [continues 808 words]
HELENA - So far, the 2013 Montana Legislature appears to be no more receptive to medical marijuana than the 2011 session was. The House Human Services Committee on Friday tabled and almost certainly killed four medical marijuana bills by Rep. Kelly McCarthy, D-Billings. The bills all died on 12-4 votes, with 10 Republicans and two Democrats opposing the bills, while four Democrats backed them. McCarthy's bills were intended to fix the 2011 medical marijuana law, Senate Bill 423, which has been challenged in court. He tried to remove those provisions in the law that District Judge James Reynolds of Helena has twice blocked with preliminary injunctions, most recently in January. [continues 520 words]
HELENA --- So far, the 2013 Legislature appears to be no more receptive to medical marijuana than the 2011 session was. The House Human Services Committee on Friday tabled --- and almost certainly killed -- four medical-marijuana bills by Rep. Kelly McCarthy, D-Billings. The bills all died on 12-4 votes, with 10 Republicans and two Democrats opposing the bills, while four Democrats backed them. McCarthy's bills were intended to fix the 2011 medical-marijuana law, Senate Bill 423, which has been challenged in court. He tried to remove those provisions in the law that District Judge James Reynolds of Helena has twice blocked with preliminary injunctions, most recently in January. [continues 520 words]
Montana Marijuana Advocates Look to Colorado, Washington HELENA A district judge on Thursday temporarily continued to stop the state from enforcing certain restrictions in a 2011 state law aimed at medical marijuana providers. After a two-hour hearing, District Judge James Reynolds of Helena extended his temporary restraining order at the request of James Goetz, the Bozeman attorney representing the Montana Cannabis Industry Association and others. His order continues to block two 2011 restrictions from being enforced one limiting medical marijuana providers to three patients apiece and the other forbidding providers from being paid by patient for pot. [continues 639 words]
Montana voters support the more restrictive medical marijuana law and strongly back a ballot issue requiring girls under age 16 to get parental consent before having an abortion, a new Lee Newspapers poll shows. They also favor another ballot issue that would deny state services to "illegal aliens." Mason Dixon Polling & Research Inc. took the poll Monday through Wednesday for Lee Newspapers, interviewing 625 registered voters who said they were likely to vote in November. The poll has a margin of error of plus or minus four percentage points, although the margin rises with subgroups like gender. [continues 669 words]
VOTERS FAVOR NEW MARIJUANA LAW, 44% TO 31% HELENA - Montana voters support the more restrictive medical marijuana law and strongly back a ballot issue requiring girls under age 16 to get parental consent before having an abortion, a new Gazette State Poll shows. They also favor another ballot issue that would deny state services to "illegal aliens." Mason Dixon Polling & Research Inc. took the poll Monday through Wednesday for the Gazette State Bureau, interviewing 625 registered voters who said they were likely to vote in November. The poll has a margin of error of plus or minus four percentage points, although the margin rises with subgroups like gender. [continues 671 words]
HELENA - Montana voters support the more restrictive medical marijuana law and strongly back a ballot issue requiring girls under age 16 to get parental consent before having an abortion, a new Lee Newspapers poll shows. They also favor another ballot issue that would deny state services to "illegal aliens." Mason Dixon Polling & Research Inc. took the poll Monday through Wednesday for Lee Newspapers, interviewing 625 registered voters who said they were likely to vote in November. The poll has a margin of error of plus or minus 4 percentage points, although the margin rises with subgroups like gender. [continues 669 words]
HELENA -- There is no fundamental right for patients to use any drug, particularly one like medical marijuana that's illegal under federal law, the Montana Supreme Court ruled Tuesday, in reversing a lower court decision. In a victory for the state, the Supreme Court's 6-1 decision reversed a District Court's temporary injunction that blocked enforcement of part of a 2011 state law that sought to restrict access to medical marijuana. "In pursuing one's health, an individual has a fundamental right to obtain and reject medical treatment," Justice Michael Wheat wrote for the majority. "But, this right does not extend to give a patient a fundamental right to use any drug, regardless of its legality." [continues 706 words]
HELENA -- The number of medical-marijuana cardholders registered with the state rose slightly in August, new statistics from the state registry showed. As of last Friday, 8,849 Montanans had medical-marijuana cards, an increase of five people from the previous month, according to the registry kept by the state Department of Public Health and Human Services. The July total of 8,844 medical-marijuana cardholders was the first time since May 2011 that the number of cardholders had increased. The number of Montana medical-marijuana cardholders, formerly called "patients," peaked at 31,522 in May 2011. [continues 536 words]
HELENA - For the first time in more than a year, the number of registered medical marijuana cardholders in Montana increased last month, although slightly. As of July 31, Montana had 8,844 registered medical marijuana cardholders, according to the Medical Marijuana Program in the state Department of Public Health and Human Services. That's 163 more than the 8,681 registered at the end of June. It's the first monthly increase in medical marijuana cardholder numbers since May 2011, when the monthly totals rose to 31,522 from 30,609. [continues 706 words]
HELENA - For the first time in more than a year, the number of registered medical marijuana cardholders in Montana increased last month, although slightly. As of July 31, Montana had 8,844 registered medical marijuana cardholders, according to the Medical Marijuana Program in the state Department of Public Health and Human Services. That's 163 more than the 8, 681 registered at the end of June. It's the first monthly increase in medical marijuana cardholder numbers since May 2011, when the monthly totals rose to 31,522 from 30,609. [continues 623 words]
Montana Supreme Court justices on Wednesday wrestled with the legal issue of whether people have a fundamental, constitutional right to sell medical marijuana, which is legal under state law, but illegal under federal law. A state attorney urged the Supreme Court to reverse a lower-court ruling that struck down part of the law, passed by the 2011 Legislature, that in essence banned the commercial sales of medical marijuana. Assistant Attorney General James Molloy said state District Judge James Reynolds of Helena used the wrong legal standard in blocking that part of the law that forbids any payment to those growing medical marijuana. [continues 748 words]
HELENA Montana Supreme Court justices on Wednesday wrestled with the legal issue of whether people have a fundamental, constitutional right to sell medical marijuana, which is legal under state law, but illegal under federal law. A state attorney urged the Supreme Court to reverse a lower-court ruling that struck down part of the law, passed by the 2011 Legislature, that in essence banned the commercial sales of medical marijuana. Assistant Attorney General James Molloy said state District Judge James Reynolds, of Helena, used the wrong legal standard in blocking that part of the law that forbids any payment to those growing medical marijuana. [continues 749 words]
HELENA - The Montana Supreme Court will hear oral arguments Wednesday on separate appeals filed by a medical marijuana industry group and the state of Montana. They are appealing separate portions of a 2011 District Court decision that temporarily blocked parts of a much stricter 2011 state law from being implemented. The court will hear the case of Montana Cannabis Industry Association and others against the state at 9:30 a.m. in the court's chambers on the third floor of the Justice and State Library Building, 215 N. Sanders. [continues 641 words]
The Montana Supreme Court will hear oral arguments Wednesday on separate appeals filed by a medical marijuana industry group and the state of Montana. They are appealing separate portions of a 2011 District Court decision that temporarily blocked parts of a much stricter 2011 state law from being implemented. The court will hear the case of Montana Cannabis Industry Association and others against the state at 9:30 a.m. in the court's chambers on the third floor of the Justice and State Library Building, 215 N. Sanders. [continues 642 words]
The number of medical marijuana cardholders in Montana continues to plummet, while the number of legal marijuana providers is a fraction of its peak, as the industry faces an uncertain future here. The 2011 Legislature passed of a much more restrictive law, Senate Bill 423, which has reduced these numbers. Then there were several dozen federal raids of medical marijuana growing operations, along with the arrests and convictions of some owners. The combination of the new law and the federal raids has put a damper on the once-booming industry here, officials say. [continues 1309 words]
HELENA-The number of medical marijuana cardholders in Montana continues to plummet, while the number of legal marijuana providers is a fraction of its peak, as the industry faces an uncertain future here. The 2011 Legislature passed of a much more restrictive law, Senate Bill 423, which has reduced these numbers. Then there were several dozen federal raids of medical marijuana growing operations, along with the arrests and convictions of some owners. The combination of the new law and the federal raids has put a damper on the once-booming industry here, officials say. [continues 1310 words]
HELENA -- The number of medical marijuana cardholders in Montana continues to plummet while the number of legal marijuana providers is a fraction of its peak, as the industry faces an uncertain future here. In 2011, the Legislature passed Senate Bill 423, a much more restrictive law that reduced the number of cardholders. Then there were several dozen federal raids of medical marijuana growing operations, along with the arrests and convictions of some owners. [continues 1044 words]
HELENA - Jason Christ, the Missoula businessman who signed up thousands of Montanans for medical marijuana cards through "cannabis caravans," has filed a lawsuit challenging the 2011 state law that makes it harder to get medical pot. Christ, who owns the Montana Caregivers Network, sued the state last week in state District Court in Missoula. Acting as his own attorney, Christ asked District Judge Ed McLean to strike the law as unconstitutional on several grounds and prevent the state from enforcing it. [continues 727 words]
HELENA - Jason Christ, the Missoula businessman who signed up thousands of Montanans for medical marijuana cards through "cannabis caravans," has filed a lawsuit challenging the 2011 state law that makes it harder to get medical pot. Christ, who owns the Montana Caregivers Network, sued the state last week in state District Court in Missoula. Acting as his own attorney, Christ asked District Judge Ed McLean to strike the law as unconstitutional on several grounds and prevent the state from enforcing it. [continues 726 words]
HELENA - A gun group and medical marijuana advocates expressed outrage Tuesday over a new federal policy clarifying that it is illegal for medical marijuana cardholders to buy firearms and ammunition and for dealers to sell these products to them. Gary Marbut, president of the Montana Shooting Sports Association, and Kate Cholewa and Chris Lindsey, board members of Montana Cannabis Industry Association, separately blasted the Sept. 21 letter sent by the Bureau of Alcohol, Tobacco, Firearms and Explosives of the U.S. Justice Department to federally licensed firearms dealers. [continues 646 words]
HELENA -- Law enforcement officials and a criminal defense attorney said at a conference Tuesday that they find the Montana medical marijuana law ambiguous and leaving a lot open to legal interpretation because of conflicting federal law. Conference moderator Lee Banville, a University of Montana professor, asked the panelists if law enforcement had the tools "that help you sort of navigate this water between the complicated space between a federally illegal product and a state-sanctioned system." Blue Corneliusen, a deputy Cascade County sheriff and president of the Montana Sheriffs and Peace Officers Association, said law authorities have tried to figure out how to take Montana voters' mandate to legalize medical marijuana in 2004 and "put it in the scope of still fighting crime." [continues 478 words]
HELENA - The number of medical marijuana cardholders continues to drop under a strict new state law, but an industry official said many ex-patients are turning instead to the illegal black market, a legislative committee heard Monday. As of Aug. 31, Montana had about 25,500 medical marijuana cardholders, down nearly 16 percent from the 31,500 registered last May 31, according to a report presented to the Children, Families, Health and Human Services Interim Committee. The number of providers who sell medical marijuana to patients has plummeted by a far faster clip, from 4,650 on May 31 to just 285 on Aug. 31, or nearly 94 percent. Providers were known as caregivers under the previous law. [continues 585 words]
Panelists Monday night for different reasons criticized the federal government for its handling of the medical marijuana issue. Former U.S. Attorney William Mercer of Billings, and state Reps. Gary MacLaren, R-Victor, and Diane Sands, D-Missoula, discussed the tensions of changing federal policy on medical marijuana and its effect on Montana. Voters here, by a wide margin, had approved an initiative in 2004 to legalize the use of marijuana for certain medical reasons. The panel discussion kicked off the conference, sponsored by the Burton K. Wheeler Center, on medical marijuana in Montana. It continues today at the Red Lion Colonial Hotel. [continues 704 words]
The number of medical marijuana cardholders continues to drop under a stricter, new state law, but an industry official said many ex-patients are turning instead to the illegal black market, a legislative committee heard Monday. As of Aug. 31, Montana had about 25,500 medical marijuana cardholders, down nearly 16 percent from the 31,500 registered as of May 31, according to a report presented to the Children, Families, Health and Human Services Interim Committee. What's more, the number of providers who sell medical marijuana to patients has plummeted by a far faster clip, from 4,650 on May 31 to 285 on Aug. 31, or nearly 94 percent. Providers were known as caregivers under the previous law. [continues 578 words]
HELENA -- Panelists Monday night for different reasons criticized the federal government for its handling of the medical marijuana issue. Former U.S. Attorney William Mercer of Billings, and state Reps. Gary MacLaren, R-Victor, and Diane Sands, D-Missoula, discussed the tensions of changing federal policy on medical marijuana and how its effect on Montana. Voters by a wide margin had approved an initiative in 2004 to legalize the use of marijuana for certain medical reasons. The panel discussion kicked off the conference, sponsored by the Burton K. Wheeler Center, on medical marijuana in Montana, It continues Tuesday at the Red Lion Colonial Inn. [continues 703 words]
The divisive medical marijuana issue is set for a discussion Monday night and Tuesday at a conference in Helena sponsored by the Burton K. Wheeler Center. The conference, "Medical Marijuana: Thoughtful Questions, Responsible Answers," will be held at the Red Lion Colonial Hotel. The registration deadline is at 5 p.m. today for a $35 fee that covers a breakfast, lunch and materials. People may register at http://www.wheelercenter.org/#conferences_events . So far, about 70 people have signed up. "What the Wheeler Center hopes always to do is choose an issue that is of critical importance to the state of Montana," said Julie Hitchcock, its associate director. "And we certainly have that in medical marijuana. It most assuredly will be before the Legislature in 2013 and quite possibly before the electorate next fall." [continues 431 words]
HELENA- A Billings woman has proposed changing the Montana Constitution so that voters would have to approve any attempts by the Legislature to amend or repeal a ballot measure previously enacted by Montanans. Michelle Hutsell, part of a group known as the Montana Coalition for Rights, last week submitted a proposed constitutional initiative to Secretary of State Linda McCulloch. That in turn triggers a review of the proposed ballot language by several state agencies before backers of the measure can begin gathering signatures. [continues 320 words]
HELENA - A medical marijuana advocacy group has made an urgent plea for money to pay its legal bills for challenging a new law and to help a separate committee cover its consulting fees for its signature-gathering referendum campaign. "We need at least 1,000 people to donate $25 or $50, and we need at least 50 storefronts to donate at least $1,000 THIS WEEK," the Montana Cannabis Industry Association's spokeswoman Kate Cholewa wrote on its website Aug. 15. [continues 934 words]
A medical marijuana advocacy group has made an urgent plea for money to pay its legal bills for challenging a new law and to help a separate committee cover its consulting fees for its signature-gathering referendum campaign. "We need at least 1,000 people to donate $25 or $50, and we need at least 50 storefronts to donate at least $1,000 THIS WEEK," the Montana Cannabis Industry Association's spokeswoman Kate Cholewa wrote on its website Aug. 15. She added, "We cannot count on a few large donors to fund these necessary efforts. Bottom-line, the progress we've made will unravel without support now." [continues 907 words]
In just a week, some 2,000 Montanans have signed petitions to let voters in 2012 to decide the fate of the more restrictive medical marijuana law enacted this year, referendum backers said Tuesday. A group called Patients for Reform -- Not Repeal recently launched a statewide campaign seeking enough signatures to place Senate Bill 423 on the ballot next year. If it obtains an additional level of signatures by Sept. 30, the law will be suspended until voters in November 2012 decide whether to retain or reject the statute [continues 529 words]
HELENA - In just a week, some 2,000 Montanans have signed petitions to let voters in 2012 decide the fate of the more restrictive medical marijuana law enacted this year, referendum backers said Tuesday. A group called Patients for Reform - Not Repeal recently launched a statewide campaign seeking enough signatures to place Senate Bill 423 on the ballot next year. If it obtains an additional level of signatures by Sept. 30, the law will be suspended until voters can decide whether to retain or reject the statute. [continues 588 words]
HELENA -- In just a week, some 2,000 Montanans have signed petitions to let voters in 2012 decide the fate of the more restrictive medical marijuana law enacted this year, referendum backers said Tuesday. A group called Patients for Reform - Not Repeal recently launched a statewide campaign seeking enough signatures to place Senate Bill 423 on the ballot next year. If it obtains an additional level of signatures by Sept. 30, the law will be suspended until voters in November 2012 decide whether to retain or reject the statute. [continues 529 words]
HELENA - In just a week, some 2,000 Montanans have signed petitions to let voters in 2012 decide the fate of the more restrictive medical marijuana law enacted this year, referendum backers said Tuesday. A group called Patients for Reform - Not Repeal recently launched a statewide campaign seeking enough signatures to place Senate Bill 423 on the ballot next year. If it obtains an additional level of signatures by Sept. 30, the law will be suspended until voters can decide whether to retain or reject the statute. [continues 531 words]
HELENA - The status of medical marijuana in Montana remains somewhat unsettled, despite a Helena district judge's decision last month to temporarily block some more onerous restrictions of a 2011 state law. The attorney general's office may appeal parts of Judge James Reynolds' June 30 order. The opposing lawyer for the Montana Cannabis Industry Association doesn't plan an appeal, but voiced concern over part of the decision. The judge will set a hearing, probably later this year, on whether to grant a permanent injunction. [continues 1219 words]
The status of medical marijuana in Montana remains somewhat unsettled, despite a Helena district judge's decision last month to temporarily block some more onerous restrictions of 2011 state law. The attorney general's office may appeal parts of Judge James Reynolds' June 30 order. The opposing lawyer for the Montana Cannabis Industry Association doesn't plan an appeal, but voiced concern over part of the decision. The judge will set a hearing, probably later this year, on whether to grant a permanent injunction. [continues 1223 words]
HELENA--The status of medical marijuana in Montana remains somewhat unsettled, despite a Helena district judge's decision last month to temporarily block some more onerous restrictions of the 2011 state law. The attorney general's office may appeal parts of Judge James Reynolds' June 30 order. The opposing lawyer for the Montana Cannabis Industry Association doesn't plan an appeal, but voiced concern over part of the decision. The judge will set a hearing, probably later this year, on whether to grant a permanent injunction. [continues 1220 words]
HELENA -- An East Helena medical marijuana patient who had worked in law enforcement wants to amend the state constitution by initiative in 2012 to decriminalize all pot here and treat it like alcohol. "Let us end the pointless battles," Barb Trego wrote state officials in submitting her idea. "Let us stop treating medical marijuana and nonmedical marijuana differently. Let us stop treating alcohol and marijuana differently. "We are far better off as a state, and as a society, if the people who wish to participate in the purchase, production or consumption of either product are subject or regulations and taxation, not prohibition." [continues 603 words]
An East Helena medical marijuana patient who had worked in law enforcement wants to amend the state constitution by initiative in 2012 to decriminalize all cannabis here and treat it like alcohol. "Let us end the pointless battles," Barb Trego wrote state officials in submitting her idea. "Let us stop treating medical marijuana and nonmedical marijuana differently. Let us stop treating alcohol and marijuana differently. "We are far better off as a state, and as a society, if the people who wish to participate in the purchase, production or consumption of either product are subject or regulations and taxation, not prohibition." [continues 597 words]
HELENA - An East Helena medical marijuana patient who had worked in law enforcement wants to amend the state constitution by initiative in 2012 to decriminalize all pot here and treat it like alcohol. "Let us end the pointless battles," Barb Trego wrote state officials in submitting her idea. "Let us stop treating medical marijuana and non-medical marijuana differently. Let us stop treating alcohol and marijuana differently. "We are far better off as a state, and as a society, if the people who wish to participate in the purchase, production or consumption of either product are subject or regulations and taxation, not prohibition." [continues 596 words]
A Helena district judge on Thursday temporarily blocked from taking effect today some of what the medical marijuana industry deemed the most onerous parts of the more restrictive law passed by the 2011 Legislature. However, District Judge James Reynolds refused to temporarily block implementation of the entire law as the Montana Cannabis Industry Association and other plaintiffs had sought. Reynolds temporarily struck these major provisions of the law and in so doing, returned the law to what it had been before: [continues 617 words]
Reactions were mixed Thursday to a district judge's ruling temporarily blocking parts of a 2011 medical marijuana law from taking effect today. Those in the medical marijuana business were pleased that District Judge James Reynolds of Helena issued a temporary injunction blocking parts of the new law. However, they warned that the decision leaves them in a no-win situation during the transition. Caregivers go out of existence at midnight Thursday and become providers under the new law. They had been seeking to temporarily block implementation of the entire law. [continues 803 words]
HELENA - A Helena district judge on Thursday temporarily blocked some of what the medical marijuana industry deemed the most onerous parts of the new law that takes effect Friday. However, District Judge James Reynolds refused to temporarily block implementation of the entire law as the Montana Cannabis Industry Association and other plaintiffs had sought. Reynolds temporarily struck several major provisions of the law from taking effect and in so doing, returned the law to what it had been before: Forbidding medical marijuana providers (formerly called caregivers) from charging patients for medical pot as they could previously. By his ruling, providers can continue to charge patients for medical marijuana. [continues 596 words]
HELENA - The sponsor of the controversial new medical marijuana law defended it Friday, warning of "unfortunate consequences" if a judge temporarily blocks its implementation. Voicing his strong support for the 2011 law, Senate Majority Leader Jeff Essmann, R-Billings, said he hopes District Judge James Reynolds doesn't enjoin Senate Bill 423. We need to remember we had a bipartisan group of legislators that came together in the end in that conference committee that returned the law to what voters intended - a small program for truly ill individuals, a limited number of individuals," Essmann said in an interview. [continues 449 words]
HELENA - It would be "unprecedented and unwarranted" if a Helena district judge temporarily prevents the new, more restrictive Montana medical marijuana law from taking full effect July 1, the attorney general's office said. If District Judge James Reynolds temporarily halts implementation of the full law, the state acknowledged that Montana law would revert to what it was before parts of the new law took effect May 13, a memorandum filed Thursday said. If that occurs, "the commercial marijuana industry and all the problems associated with it would continue to exist in this state," according to the legal document from Attorney General Steve Bullock, chief of consumer protection Jim Molloy and Assistant Attorneys General Mark Mattioli and Stuart Segrest. [continues 472 words]
It would be "unprecedented and unwarranted" if a Helena district judge temporarily prevents the entire new, more restrictive medical marijuana law from taking full effect July 1, the attorney general's office has said. If District Judge James Reynolds temporarily halts implementation of the full law, the state acknowledged that Montana law would revert to what it was before parts of the new law took effect May 13, a memorandum filed Thursday said. If that occurs, "the commercial marijuana industry and all the problems associated with it would continue to exist in this state," according to the legal document from Attorney General Steve Bullock, Chief of Consumer Protection Jim Molloy and Assistant Attorneys General Mark Mattioli and Stuart Segrest. [continues 468 words]
The sponsor of the controversial new medical marijuana law defended it Friday, warning of "unfortunate consequences" if a judge temporarily blocks its implementation. Voicing his strong support for the 2011 law, Senate Majority Leader Jeff Essmann, R-Billings, said he hopes District Judge James Reynolds doesn't temporarily enjoin Senate Bill 423. "We need to remember we had a bipartisan group of legislators that came together in the end in that conference committee that returned the law to what voters intended -- a small program for truly ill individuals, a limited number of individuals," Essmann said in an interview. [continues 395 words]
