Editor:

During Montana's 2011 legislative session, 113 of our elected representatives, in direct contradiction of the expressed will of 62 percent of the people, imposed their personal social agenda on the rest of Montana by approving a repeal of Montana's medical marijuana law.

The lawmakers, after neglecting in several sessions to draft thoughtful reform legislation, approved Sen. Jeff Essmann's 33-page repeal bill and proudly announced to the 276,042 Montana voters who approved the state's original law (Initiative 148) that they were simply fulfilling voter intent.

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Two men accused of an illegal medical marijuana transaction entered pleas of no contest to felony drug charges last week.

Lief Erickson and Robin Ruiz were charged with criminal possession with intent to distribute drugs after law enforcement found three pounds of marijuana and THC-infused honey in their vehicle during a traffic stop in February.

Investigators alleged that Erickson and Ruiz were delivering the marijuana to a medical marijuana provider in Great Falls.

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Today is the half-way point in the fight by proponents of medical marijuana to stop reforms passed during the Montana Legislature this spring that would strictly limit the usage of the treatment.

The reforms were going to take effect on July 1, until Helena District Judge James Reynolds blocked portions of the reforms. Now activists are gathering petitions across the state, ahead of a Sept. 30 deadline, to place a new medical marijuana law on the ballot next year that would replace the existing law. They need many more to actually block the new reform law from taking effect until the election decides medical marijuana's fate.

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Medical marijuana providers in Yellowstone County can no longer have storefronts and face location restrictions under a resolution adopted Tuesday.

The resolution became effective immediately and applies to all unincorporated areas in Yellowstone County.

County commissioners unanimously passed the resolution after a half-hour public hearing that drew support from four people and opposition from five.

The resolution does not stop medical marijuana from being provided, Commission Chairman John Ostlund said. "I think it's a good resolution," he said.

Opponents didn't see it that way.

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The two men whose cases were cited in a medical marijuana lawsuit against Flathead County Attorney Ed Corrigan have opted to plead no contest to felony drug charges.

According to court records, Robin Ruiz and Lief Erickson were arrested Feb. 3 on U.S. 2 near Lake Five Road after law enforcement officials found more than three pounds of marijuana in their vehicle. A search of the vehicle also turned up 300 capsules containing THC, the active ingredient in marijuana, and five vials of suspected THC honey.

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HELENA -- The state on Tuesday appealed to the Montana Supreme Court a judge's ruling that blocked tough new restrictions on medical marijuana in Montana, and will argue there's no constitutional right to sell the drug for a profit.

The state Justice Department will ask the high court to overturn portions of Helena District Judge James Reynolds' June 30 decision, which stopped enforcement of several provisions of a new law passed by the 2011 Legislature to crack down on Montana's burgeoning medical marijuana industry.

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A 35-year-old Whitefish man has pleaded innocent to federal charges related to coordinated raids of medical marijuana dispensaries across Montana in March.

[name1 redacted], former owner of the Black Pearl dispensary in Olney, was arraigned before U.S. Magistrate Judge Jeremiah C. Lynch on Tuesday on charges of conspiracy to manufacture marijuana, conspiracy to distribute marijuana, possession with intent to distribute marijuana, conspiracy to launder monetary instruments and money laundering.

His marijuana operation was among 26 raided by state and federal law enforcement officials in mid-March.

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The Montana Legislature isn't scheduled to meet again till January 2013. But many of those part-time lawmakers will be meeting in the interim, gathering information, and making recommendations that may become legislation at the next regular session.

Montanans can keep track of this off-season legislative activity though the efforts of the Legislative Service Division and its helpful website.

The August edition of The Interim, a monthly newsletter of the Montana Legislative Branch, gives a roundup of committee work plans.

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I am incensed with the real issues surrounding true value of medical marijuana Rx and the abuse of youth whose excuse is "I need to smoke pot, so I don't have to work."

I have but one good hip, seven good discs, I am hyperlipidemic and chronic pancreatic and diabetic. I get up everyday and get to it and support my family and community and personal business as best a chronically ill and disabled man may.

Limited as I am, I will stand to any round muscle who tries to spunk on my family or game. I have litigated in the Federal Court of Canada alone for a number of months now because they said I can't.

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Yellowstone County Commissioners will consider a resolution that will regulate the business of selling marijuana in the county. The regulations will prohibit the sale of marijuana from store fronts and prohibit sales within 1,000 feet of schools, day-cares, churches, etc.

Last week, the commissioners set a public hearing for Aug. 16 at their regular meeting (9:30 am., 4th floor of the county courthouse) at which the public will be able to comment prior to their decision.

County Attorney Scott Twito advised the commissioners on the action, noting that the state legislature (SB 423) gave the authority to local government to set the regulations on businesses selling marijuana. They cannot outlaw the business. Pending litigation on the law will not affect this aspect of it, he said.

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The first participant in the new Treatment Court in Helena sobbed as she signed her contract. The judge dabbed away a few tears as well.

Much time, effort and planning has gone into the Treatment Court, which will be used for defendants with alcohol- and drug-related felony offenses.

A team of officials from various agencies traveled down to Denver in April to receive a week of grant-funded training. They have been meeting every week since then in preparation.

District Court Judge Jim Reynolds officially appointed a treatment coordinator, a probation and parole representative, a deputy county attorney, a public defender and a law enforcement representative prior to hearing the first case on Wednesday afternoon.

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STEVENSVILLE - The Stevensville Police Department has a new set of wheels, thanks to a local businessman.

On Thursday, police chief James Marble was in Hamilton getting temporary tags for the newest addition to his fleet, a 2005 Ford Crown Victoria. But this is no luxury automobile; it was a police interceptor that used to belong to the Missoula Police Department.

It was a gift to the department but not from fellow brothers-in-blue. It came from Mike Halvorson, who owns M&M Auto and Trailer in Stevensville, and not a moment too soon, said Marble.

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At least something isn't ambiguous about Montana's medical marijuana law.

Flathead County District Judge Stewart Stadler recently ruled that the law clearly limits caregivers to providing marijuana to "qualified patients" in a case involving caregivers providing marijuana to one another. A Missoula judge issued a similar ruling earlier this year.

The plaintiffs in the case tried to argue that the law is ambiguous, but Stadler found that "no such ambiguity exists; rather, the clear and unambiguous language of the Act permits caregivers to provide marijuana only to qualifying patients who have named the applicant as caregiver."

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In response to the article in The Gazette regarding the recent confusion behind the medical marijuana situation, I have to ask what is the goal behind this legislation?

After reading the fiscal notes attached to the bill, I wonder if the sponsor is on something. The cost involved for changing the law is ridiculous at best, and what is the goal? To wipe out an industry of medical marijuana? This undercover repeal of a voted-in law reminds me of how in the '80s Reagan days, the war on drugs was hyped up with billions of appropriated funds to fight the uncatchable criminals, which later, not hyped to the public, was cut by more than 50 percent in less than a year.

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A District Court judge has scheduled a hearing for Aug. 5 to consider the validity of an emergency ordinance passed by the city of Billings that prohibits the storefront sales of medical marijuana.

Judge Gregory Todd set the hearing after granting a temporary restraining order requested by William M. Reid, who with other unnamed medical marijuana providers filed a lawsuit against the city earlier this month.

The temporary restraining order prevents the city from enforcing the emergency ordinance passed by the City Council on July 1.

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When Sen. [Jeff] Essmann discovered that there might be people holding cannabis cards who did not have excruciating pain or a terminal illness, he thought he had better take cannabis away from everyone, possibly especially the sick people. They were saying that cannabis helped them to tolerate various conditions that had not responded well to prescription medications. Can't have sick people going around advocating the use of a pain killer that does not cause strokes, heart attacks, sudden, fatal internal bleeding, or an intense addiction.

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Flathead County District Judge Stewart Stadler has ruled that the Montana Medical Marijuana Act does not allow for transactions of marijuana between caregivers.

Thursday's ruling in the civil lawsuit brought against Flathead County Attorney Ed Corrigan has implications for the criminal cases against two men who were charged with felonies after a February traffic stop that yielded three pounds of marijuana.

Stadler granted Corrigan's motion for summary judgment, saying that the Montana Medical Marijuana Act clearly states that caregivers may provide marijuana only to "qualifying patients."

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The public will get to weigh in on whether Yellowstone County should ban storefront sales of medical marijuana.

During a discussion meeting Monday, commissioners followed the advice of County Attorney Scott Twito to hold a public hearing before voting on a proposed resolution.

A public hearing and vote on the resolution are set for Aug. 16.

Twito briefed commissioners about a section of Senate Bill 423 that gives local governments the option to ban medical marijuana storefronts to protect public health, safety or welfare.

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'Gathering Clause' One of Big Issues

Kalispell school officials are still trying to rework the district's chemical use policy after an incident last fall proved the rule indefensible in court.

School board members reviewed the policy for the third time in recent months at their regular meeting Tuesday.

One of the major issues deals with the policy's so-called "gathering clause," which says students not only must refrain from using drugs, alcohol and tobacco, but also must not be present anywhere illegal drugs are being used.

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HELENA -- Opponents of the 2011 Legislature's strict new medical marijuana law said Tuesday that they are well on their way to gathering enough signatures to put the measure before voters in the 2012 general election.

Representatives from the state's medical marijuana community and the once-thriving caregiver industry held a news conference at the Secretary of State's Office Tuesday, where they announced the launch of Initiative Referendum 124. The campaign seeks to gather enough signatures from registered voters to put the controversial Senate Bill 423 before voters next year.

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