HELENA -- It would be "unprecedented and unwarranted" if a Helena district judge temporarily prevents the 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 473 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 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 445 words]
HELENA - District Judge James Reynolds signaled strongly Wednesday he may temporarily strike down portions of Montana's restrictive new medical marijuana law - if not the entire statute - before it takes effect July 1. The judge expressed particular concern over one key change that requires medical marijuana providers to supply pot to their patients at no cost starting July 1. Under the current law, caregivers sell medical marijuana to their patients. "The state is truly relying on guardian angels to come forward," Reynolds said. He added that the government hadn't told the pharmaceutical industry, "You develop cancer drugs, and you give it away." [continues 550 words]
With Montana's new, more restrictive medical marijuana law taking effect in just 11 days, questions arose in court Tuesday about the product's availability after June 30, confusion over the law and two physicians' future unwillingness to recommend medical pot. The questions came up in the second day of a hearing on an attempt by the Montana Cannabis Industry Association and others to stop the law from taking effect on constitutional grounds. The state attorney general's office disagreed, arguing the law, enacted this year, passes constitutional muster. [continues 696 words]
A former cancer patient and the husband of an elderly woman with serious health problems told a district judge Monday they worry whether they can still obtain medical marijuana if a new law takes effect July 1 and bans commercial growing operations. They, some physicians and others testified during the first day of a hearing in a lawsuit filed by the Montana Cannabis Industry Association and others asking District Judge James Reynolds to issue an injunction to prevent the new law from taking effect July 1. The medical marijuana group contends the law is unconstitutional, while the state attorney general's office said it passes legal muster. [continues 825 words]
HELENA - A former cancer patient and the husband of an elderly woman with serious health problems told a district judge Monday they worry whether they can still obtain medical marijuana if a new law takes effect July 1 and bans commercial growing operations They, some physicians and others testified during the first day of a hearing in a lawsuit filed by the Montana Cannabis Industry Association and others asking District Judge James Reynolds to issue an injunction to prevent the new law from taking effect July 1. The medical marijuana group contends the law is unconstitutional, while the state attorney general's office said it passes legal muster. [continues 827 words]
HELENA - A former cancer patient and the husband of an elderly woman with serious health problems told a district judge Monday they worry whether they can still obtain medical marijuana if a new law takes effect July 1 and bans commercial growing operations They, some physicians and others testified during the first day of a hearing in a lawsuit filed by the Montanan Cannabis Industry Association and others asking District Judge James Reynolds to issue an injunction to prevent the new law from taking effect. The medical marijuana group contends the law is unconstitutional, while the state attorney general's office said it passes legal muster. [continues 820 words]
HELENA -- A hearing begins in District Court here today on a request by the Montana Cannabis Industry Association and others seeking a preliminary injunction to stop implementation of the state's new medical marijuana law. The hearing begins at 8:30 a.m. today (Monday) before state District Court Judge James Reynolds of Helena and is scheduled to last two days. A law passed by the 2011 Legislature and allowed to become law without Gov. Brian Schweitzer's signature repealed Montana's 2004 voter-passed law legalizing the use of marijuana for certain medical reasons. [continues 274 words]
HELENA - A Missoula legislator suggested Monday that the federal government "delist" the regulation of medical marijuana and leave it up to state control, just as was done with the Northern Rocky Mountain gray wolves this year. Rep. Diane Sands proposed the idea in an email sent to some of her Democratic colleagues, and she will send similar notes to Republican legislators and Gov. Brian Schweitzer. She was a leading Democratic legislator on the medical marijuana issue in the 2011 session after chairing an interim committee that studied the issue extensively last year. [continues 604 words]
HELENA - A Missoula legislator suggested Monday that the federal government "delist" the regulation of medical marijuana and leave it up to state control, just as was done with Northern Rocky Mountain gray wolves this year. State Rep. Diane Sands proposed the idea in an email to some of her Democratic colleagues, and she will send similar notes to Republican legislators and Gov. Brian Schweitzer. She was a leading Democratic legislator on the medical marijuana issue in the 2011 session, after chairing an interim committee that studied the issue extensively last year. [continues 490 words]
A Missoula legislator suggested Monday that the federal government "delist" the regulation of medical marijuana and leave it up to state control, just as was done with the Northern Rocky Mountain gray wolves this year. Rep. Diane Sands proposed the idea in an email sent to some of her Democratic colleagues, and she will send similar notes to Republican legislators and Gov. Brian Schweitzer. She was a leading Democratic legislator on the medical marijuana issue in the 2011 session after chairing an interim committee that studied the issue extensively last year. [continues 604 words]
HELENA -- A Missoula legislator suggested Monday that the federal government "delist" the regulation of medical marijuana and leave it up to state control, just as was done with the Northern Rocky Mountain gray wolves this year. Rep. Diane Sands proposed the idea in an email sent to some of her Democratic colleagues, and she will send similar notes to Republican legislators and Gov. Brian Schweitzer. She was a leading Democratic legislator on the medical marijuana issue in the 2011 session after chairing an interim committee that studied the issue extensively last year. [continues 606 words]
HELENA - The state's medical marijuana law is not unconstitutional, and those challenging it are not entitled to a preliminary injunction to stop it from being implemented, the state attorney general's office said in a court filing Friday. Attorney General Steve Bullock's office was responding to a lawsuit filed in state District Court last month by the Montana Cannabis Industry Association and seven individuals asking District Judge James Reynolds of Helena to strike down the Medical Marijuana Act as unconstitutional. [continues 689 words]
The state's medical marijuana law is not unconstitutional, and those challenging it are not entitled to a preliminary injunction to stop it from being implemented, the state attorney general's office said in a court filing Friday. Attorney General Steve Bullock's office was responding to a lawsuit filed in state District Court last month by the Montana Cannabis Industry Association and seven individuals asking District Judge James Reynolds of Helena to strike down the Medical Marijuana Act as unconstitutional. [continues 690 words]
HELENA -- The state's medical marijuana law is not unconstitutional, and those challenging it are not entitled to a preliminary injunction to stop it from being implemented, the state attorney general's office said in a court filing Friday. Attorney General Steve Bullock's office was responding to a lawsuit filed in state District Court last month by the Montana Cannabis Industry Association and seven individuals asking District Judge James Reynolds of Helena to strike down the Medical Marijuana Act as unconstitutional. [continues 687 words]
The state health department is still receiving applications, but has issued no new medical marijuana cards since May 13, the day before a tough new law took effect, officials said Tuesday. "We will not issue any cards until June 1, when the next phase of the law triggers in," said Roy Kemp, an official with the Department of Public Health and Human Services. The new applications can't be processed until the new system under the new law is in place, Kemp said. [continues 504 words]
HELENA - The state Health Department is still receiving applications, but has issued no new medical marijuana cards since May 13, the day before a tough new law took effect, officials said Tuesday. "We will not issue any cards until June 1, when the next phase of the law triggers in," said Roy Kemp, an official with the Department of Public Health and Human Services. The new applications can't be processed until the new system under the new law is in place, Kemp said. [continues 503 words]
State Cannabis Association Wants Court to Overturn Sb423 HELENA -- A state district judge in Helena on Friday temporarily ordered the state to not enforce a recently passed ban on all advertising of medical marijuana products, in response to a lawsuit attempting to strike down the entire new law that places new restrictions on Montana's medical-marijuana program. District Judge James Reynolds scheduled a hearing on the initial request for May 27. The Montana Cannabis Industry Association and eight individual plaintiffs want the courts to overturn Senate Bill 423, which the 2011 Legislature passed last month and which Gov. Brian Schweitzer let become law Friday without his signature. [continues 741 words]
A state district judge in Helena on Friday temporarily ordered the state to not enforce a recently passed ban on all advertising of medical marijuana products, in response to a lawsuit attempting to strike down the entire new law that places new restrictions on Montana's medical-marijuana program. District Judge James Reynolds scheduled a hearing on the initial request for May 27. The Montana Cannabis Industry Association and eight individual plaintiffs want the courts to overturn Senate Bill 423, which the 2011 Legislature passed last month and which Gov. Brian Schweitzer let become law Friday without his signature. [continues 745 words]
HELENA - A state district judge in Helena on Friday temporarily ordered the state to not enforce a recently passed ban on all advertising of medical marijuana products, in response to a lawsuit attempting to strike down the entire new law that places strict restrictions on Montanans' medical marijuana use. District Judge James Reynolds scheduled a hearing on the initial request for May 27. The Montana Cannabis Industry Association and eight individual plaintiffs want the courts to overturn Senate Bill 423, which the 2011 Legislature passed last month and which Gov. Brian Schweitzer let become law Friday without his signature. [continues 743 words]
HELENA - A state district judge in Helena on Friday temporarily ordered the state to not enforce a recently passed ban on all advertising of medical marijuana products, in response to a lawsuit attempting to strike down the entire new law that places restrictions on medical marijuana in Montana. District Judge James Reynolds scheduled a hearing on the initial request for May 27. The Montana Cannabis Industry Association and eight plaintiffs want the courts to overturn Senate Bill 423, which the 2011 Legislature passed last month and Gov. Brian Schweitzer let become law Friday without his signature. [continues 745 words]
HELENA -- The Montana Cannabis Industry Association filed the legal papers with the secretary of state's office Thursday to start a signature-gathering effort to let Montanans vote in 2012 on a soon-to-be medical marijuana law it opposes. The paperwork was delivered to Secretary of State Linda McCulloch's office late Thursday. "We're moving forward on all fronts," said Kate Cholewa, spokeswoman for the group. "The people want what they voted for and what the Legislature did is not it." [continues 647 words]
HELENA - The Montana Cannabis Industry Association filed the legal papers with the secretary of state's office Thursday to start a signature-gathering effort to let Montanans vote in 2012 on a soon-to-be medical marijuana law it opposes. The paperwork was delivered to Secretary of State Linda McCulloch's office late Thursday. "We're moving forward on all fronts," said Kate Cholewa, spokeswoman for the Montana Cannabis Industry Association. "The people want what they voted for and what the Legislature did is not it." [continues 654 words]
HELENA - Medical marijuana advocates preparing to mount a signature-gathering effort to suspend a soon-to-enacted law restricting the industry won't need to collect nearly as many names as they initially believed. They will need to obtain between 31,238 and 43,247 signatures, depending on which state House districts they use, but they don't need to gather a total of 73,010 signatures as some originally believed. Once Gov. Brian Schweitzer lets Senate Bill 423, by Sen. Jeff Essmann, R-Billings, become law without his signature, they can take the initial steps needed to launch a signature-gathering effort. Suspension backers first must file documents with the secretary of state's office, which triggers a review by several state offices. [continues 229 words]
The Montana Cannabis Industry Association filed legal papers with the secretary of state's office Thursday to start a signature-gathering effort to let Montanans vote in 2012 on a soon-to-be medical marijuana law it opposes. The paperwork was delivered to Secretary of State Linda McCulloch's office late Thursday. "We're moving forward on all fronts," said Kate Cholewa, spokeswoman for the group. "The people want what they voted for and what the Legislature did is not it." [continues 657 words]
The new Montana Cannabis Industry Association said Monday it raised $50,000 in five days to hire prominent attorney James Goetz of Bozeman 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." [continues 475 words]
HELENA -- Medical marijuana advocates preparing to mount a signature-gathering effort to suspend a soon-to-enacted law restricting the industry won't need to collect as many names as they initially believed. They will need to get between 31,238 and 43,247 signatures, depending on which state House districts they use, but they don't need to gather a total of 73,010 signatures as some originally believed. Gov. Brian Schweitzer has said he will let Senate Bill 423, by Sen. Jeff Essmann, R-Billings, become law without his signature. Once that happens, medical marijuana backers can launch a signature-gathering effort. They first must file documents with the secretary of state's office, which triggers a review by several state offices. [continues 562 words]
Medical marijuana advocates preparing to mount a signature-gathering effort to suspend a soon-to-enacted law restricting the industry won't need to collect nearly as many names as they initially believed. They will need to obtain between 31,238 and 43,247 signatures, depending on which state House districts they use, but they don't need to gather a total of 73,010 signatures as some originally believed. Once Gov. Brian Schweitzer lets Senate Bill 423, by Sen. Jeff Essmann, R-Billings, become law without his signature, they can take the initial steps needed to launch a signature-gathering effort. Suspension backers first must file documents with the secretary of state's office, which triggers a review by several state offices. [continues 576 words]
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." [continues 476 words]
HELENA -- The new Montana Cannabis Industry Association said Monday that it raised $50,000 in five days to hire prominent attorney James Goetz of Bozeman 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." [continues 474 words]
HELENA -- Medical marijuana advocates are launching a three-pronged strategy -- veto, sue and suspend -- to stop the recently passed bill that would impose far greater restrictions on the industry and make it harder for people to qualify for the medical pot. First, they are trying to convince Gov. Brian Schweitzer to change his mind and veto Senate Bill 423, by Sen. Jeff Essmann, R-Billings. Schweitzer said Friday he wouldn't veto the bill, but instead would hold his nose and let it become law without his signature. It has not become law yet. [continues 680 words]
HELENA - Medical marijuana advocates are launching a three-pronged strategy - veto, sue and suspend - to stop the recently passed bill that would impose far greater restrictions on the industry and make it harder for people to qualify for medical pot. First, they are trying to convince Gov. Brian Schweitzer to change his mind and veto Senate Bill 423 by Sen. Jeff Essmann, R-Billings. Schweitzer said Friday he wouldn't veto the bill, but instead would let it become law without his signature. It has not become law yet. [continues 667 words]
HELENA -- The new Montana Cannabis Industry Association is raising money to hire a top Montana lawyer, James Goetz of Bozeman, to file a lawsuit challenging the medical marijuana bill soon to become law without Gov. Brian Schweitzer's signature. Goetz is a prominent attorney who has won cases before both the U.S. and Montana supreme courts. In the early 1980s, he was the lead attorney on cases that established the rights of recreationists to have access to Montana's streams. In 1989, he was the lead lawyer in the lawsuit that overturned Montana's school funding law. [continues 638 words]
Medical marijuana advocates are launching a three-pronged strategy -- veto, sue and suspend -- to stop the recently passed bill that would impose far greater restrictions on the industry and make it harder for people to qualify for medical pot. First, they are trying to convince Gov. Brian Schweitzer to change his mind and veto Senate Bill 423, by Sen. Jeff Essmann, R-Billings. Schweitzer said Friday he wouldn't veto the bill, but instead would hold his nose and let it become law without his signature. It has not become law yet. [continues 677 words]
HELENA - The new Montana Cannabis Industry Association is raising money to hire a top Montana lawyer, James Goetz of Bozeman, to file a lawsuit challenging the medical marijuana bill soon to become law. Goetz is a prominent attorney who has won cases before both the U.S. and Montana supreme courts. In the early 1980s, he was the lead attorney on cases that established the rights of recreationists to have access to Montana's streams. In 1989, he was the lead lawyer in the lawsuit that overturned Montana's school-funding law. [continues 640 words]
HELENA - Medical marijuana advocates are launching a three-pronged strategy - veto, sue and suspend - to stop the recently passed bill that would impose far greater restrictions on the industry and make it harder for people to qualify for medical pot. First, they are trying to convince Gov. Brian Schweitzer to change his mind and veto Senate Bill 423 by Sen. Jeff Essmann, R-Billings. Schweitzer said Friday he wouldn't veto the bill, but instead would let it become law without his signature. It has not become law yet. [continues 669 words]
HELENA -- The new Montana Cannabis Industry Association is raising money to hire a top Montana lawyer, James Goetz of Bozeman, to file a lawsuit challenging the medical marijuana bill soon to become law without Gov. Brian Schweitzer's signature. Goetz is a prominent attorney who has won cases before both the U.S. and Montana supreme courts. In the early 1980s, he was the lead attorney on cases in the early 1980s that established the rights of recreationists to have access to Montana's streams. In 1989, he was the lead lawyer in the lawsuit that overturned Montana's school funding law. [continues 634 words]
The new Montana Cannabis Industry Association is raising money to hire a top Montana lawyer, James Goetz of Bozeman, to file a lawsuit challenging the medical marijuana bill soon to become law without Gov. Brian Schweitzer's signature. Goetz is a prominent attorney who has won cases before both the U.S. and Montana supreme courts. In the early 1980s, he was the lead attorney on cases that established the rights of recreationists to have access to Montana's streams. In 1989, he was the lead lawyer in the lawsuit that overturned Montana's school funding law. [continues 641 words]
HELENA -- Medical marijuana advocates are launching a three-pronged strategy -- veto, sue and suspend -- to stop the recently passed bill that would impose far greater restrictions on the industry and make it harder for people to qualify for medical pot use. First, they are trying to convince Gov. Brian Schweitzer to change his mind and veto Senate Bill 423, by Sen. Jeff Essmann, R-Billings. Schweitzer said Friday he wouldn't veto the bill, but instead would hold his nose and let it become law without his signature. It has not become law yet. [continues 677 words]
Gov. Brian Schweitzer said Friday he will let a controversial medical marijuana bill take law without his signature. He made it clear he's not wild about the bill, but said he can't support the status quo either. Earlier in the session, Schweitzer vetoed a bill calling for an outright repeal of Montana's medical marijuana law. "So I will hold my nose and allow this to be law until the Legislature gets back to session (in 2013)," he said. "I'm not going to sign it." [continues 656 words]
HELENA - Gov. Brian Schweitzer said Friday he will let a controversial medical marijuana bill take law without his signature. He made it clear he's not wild about the bill, but said he can't support the status quo either. Earlier in the session, Schweitzer vetoed a bill calling for an outright repeal of Montana's medical marijuana law. "So I will hold my nose and allow this to be law until the Legislature gets back to session (in 2013)," he said. "I'm not going to sign it." [continues 657 words]
HELENA - Calling the newly passed bill overhauling the state's medical marijuana law "unconstitutional on its face," Gov. Brian Schweitzer said Wednesday he wants to issue an amendatory veto to fix the parts he considers legally defective. "I'd like to amend it, that's what I would like to do, and we'll see what it looks like when it gets here," Schweitzer said in an interview with the Missoulian State Bureau. "The bill as written is not going to survive the courts." [continues 760 words]
HELENA -- Calling the newly passed bill overhauling the state's medical marijuana law "unconstitutional on its face," Gov. Brian Schweitzer said Wednesday that he wants to issue an amendatory veto to fix the parts he considers legally defective. "I'd like to amend it, that's what I would like to do, and we'll see what it looks like when it gets here," Schweitzer said. "The bill as written is not going to survive the courts." His comments came after the Senate approved Senate Bill 423, by Sen. Jeff Essmann, R-Billings, by 33-17. The House approved it 70-30. SB423 now will be sent to Schweitzer, who earlier vetoed House Bill 161, by Speaker Mike Milburn, R-Cascade, that would have repealed the 2004 voter-passed medical marijuana law. [continues 866 words]
The U.S. Justice Department will prosecute individuals and organizations involved in the business of any illegal drug, including marijuana used for medical purposes permitted under state law, Michael W. Cotter, U.S. attorney for Montana, said in a letter to top legislative leaders Wednesday. In another development on marijuana Wednesday, Gov. Brian Schweitzer said he will likely make some amendatory vetoes suggesting changes to the medical-marijuana bill moving through the Legislature. Senate Bill 423, by Sen. Jeff Essmann, R-Billings, is the last-surviving bill to repeal Montana's medical marijuana law and enact a new one that would impose far stricter regulations and make it much tougher for people to obtain cards to use medical marijuana. [continues 461 words]
When lawmakers return to work this week, one of the remaining major issues they will face is the bill to tighten down Montana's booming medical marijuana industry and greatly restrict the product's availability to patients. In what's likely their final week, legislators appear ready to pass Senate Bill 423, the "repeal and regulate" measure by Sen. Jeff Essmann, R-Billings. It's the last surviving major bill to address medical marijuana after Gov. Brian Schweitzer vetoed House Bill 161, by House Speaker Mike Milburn. The speaker's bill would have repealed Montana's 2004 voter-passed initiative that legalized the use of medical pot here. [continues 1238 words]
HELENA - When lawmakers return to work this week, one of the remaining major issues they will face is the bill to tighten down Montana's booming medical marijuana industry and greatly restrict the product's availability to patients. In what's likely their final week, legislators appear ready to pass Senate Bill 423, the "repeal and regulate" measure by Sen. Jeff Essmann, R-Billings. It's the last-surviving major bill to address medical marijuana after Gov. Brian Schweitzer vetoed House Bill 161 by House Speaker Mike Milburn. The speaker's bill would have repealed Montana's 2004 voter-passed initiative that legalized the use of medical pot here. [continues 1213 words]
HELENA -- The U.S. Justice Department will prosecute individuals and organizations involved in the business of any illegal drug, including marijuana used for medical purposes permitted under state law, Michael W. Cotter, U.S. attorney for Montana, said in a letter to top legislative leaders Wednesday. In another development on marijuana Wednesday, Gov. Brian Schweitzer said he is likely to make some amendatory vetoes suggesting changes to the medical marijuana bill moving through the Legislature. Senate Bill 423, by Sen. Jeff Essmann, R-Billings, is the last surviving bill to repeal Montana's medical marijuana law and enact a new one that would impose far stricter regulations and make it much tougher for people to obtain cards to use medical marijuana. [continues 463 words]
HELENA -- A committee passed out a much-amended bill Tuesday to repeal Montana's medical marijuana law and enact a far stricter law that would close growing and dispensing operations, squeeze profits out of a booming industry and make it harder to get a marijuana-user card. A Senate-House conference committee unanimously endorsed the amended version of Senate Bill 423, by Sen. Jeff Essmann, R-Billings. It will go to the Senate and House floors for votes later this week. [continues 658 words]
