Mark Gibbons had a Uhaul truck full of marijuana plants Thursday evening when he learned that a judge had made an 11th hour ruling that blocked enforcement of a new law barring commercial production of the plant.

"I'm sitting here with the nippers in hand just ready to cut into the first one," Gibbons said around 6 p.m. as he prepared to take the plants to the Butte-Silver Bow Police Dept. "This changes everything."

Gibbons had said earlier in the day that he intended to abide by the new law. He had scheduled to bring in more than 200 plants to police around 7 p.m.

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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.

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"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Some might argue that the U.S. Constitution delegates powers to the feds to arrest medical marijuana providers because of the schedule 1 status of cannabis in the Controlled Substance Act.

However, the CSA's schedule 1 requirements are: "1) Schedule I. A) The drug or other substance has a high potential for abuse. B) The drug or other substance has no currently accepted medical use in treatment in the United States. C) There is a lack of accepted safety for use of the drug or other substance under medical supervision." Clearly, cannabis doesn't qualify on B and C, and the Merck Medical Manual of Diagnosis and Treatment clearly states that cannabis is not physically addictive, so it doesn't meet criteria for A either.

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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.

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Three Helena men were arraigned in federal court in Missoula Thursday on 25 counts, including charges of manufacturing, distributing and possessing marijuana, as well as money laundering and conspiracy.

Jason Burns, 38, Joshua Schultz, 38, and Jesse Leland, 40, were indicted by a grand jury this week and face a mandatory minimum of five years in prison, and up to 40 years, as well as up to a $5 million fine, if convicted of the charges. A trial date is set for Aug. 8 in Helena in front of U.S. District Court Senior Judge Charles Lovell.

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The Bozeman City Commission tonight will consider permanently capping the number of medical marijuana businesses in town at 20.

The commission will meet an hour earlier than usual, at 5 p.m.

City Attorney Greg Sullivan is recommending that commissioners re-evaluate the city's marijuana ordinances as planned despite uncertainty over what will happen with the industry.

Montana legislators this spring passed a strict overhaul of the voter-approved law that initially allowed medical marijuana. The new law, due to go into effect July 1, will ban commercial operations, but a marijuana industry group is challenging it as unconstitutional.

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On March 5, I sent the following suggestion to my district legislator Tom Burnett:

It would be a sad mistake to repeal medical cannabis.

Although I've never once used it I'll be 75 years old tomorrow and reckon that someday in the not-todistant future I may be glad to ease the aches and pains of aging with this benign plant. Here are some suggestions to effective regulation I offer for dealing with the conceived abuses of the current law:

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In response to Richard Begeman on May 28: He said medical marijuana was a farce or fairy tale. There are a lot of bad drugs out there, but marijuana is not one of them. As to a fairy tale, in 1974 there was a study at the Medical College of Virginia which showed anti-cancer effects. This study was published in the Journal of the National Cancer Institute in 1975. The DEA quickly shut down the study. President Ford ended all research except pharmaceutical companies trying to make a synthetic but they were unsuccessful.

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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.

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Editor:

The lawsuit against Senate Bill 423 is an insult to the intelligence of thousands of Montanans.

This lawsuit goes against the separation of powers as stated in and by the Montana Constitution, our Montana legislators, the Supreme Court, the Food and Drug Administration, federal law and the U.S. Congress.

A supermajority of the legislators voted for SB423. In 2001, the Supreme Court unanimously ruled against the legality of medical marijuana. Federal law prohibits the possession, manufacture and distribution of marijuana.

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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.

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The lawsuit against SB423 is an insult to the intelligence of thousands of Montanans.

This lawsuit goes against the separation of powers as stated in the Montana Constitution, our Montana Legislators, the Supreme Court, the FDA, the Federal Law and the Congress.

A supermajority of the Legislators voted for SB423. In 2001, the Supreme Court unanimously ruled against the legality of medical marijuana.

Federal law prohibits the possession, manufacture, and distribution of marijuana. The FDA hasn't approved smoked marijuana for any condition or disease.

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Representative (Jeff) Essman (R-Billings) is indeed in the hands of big "pharma." How noteworthy that he has no problem if the active ingredient is supplied by them does he. Is he going to to see to it that they supply the pill at no profit as well?

Of course not. Just one more member of the finest legislation money can buy. We don't need his moral directives. Is he worried about the economy? Well, judging by all the vacant real estate once occupied by registered caregivers? I guess not. Or by the business that supplied all things related to growing, and there's a lot. Or the lost advertising revenue by the no-longer-existing providers.

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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.

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These are existential times for Montana's medical marijuana industry.

Will its businesses be legal as of July 1, or won't they? Or will some aspects be legal and some not?

The legal wranglings over the 2011 Legislature's drastic curtailment of the industry have practical ramifications, too.

Do marijuana growers and providers keep their plants and product in the expectation that District Judge James Reynolds in Helena will strike down the new law? Or destroy them in case he doesn't?

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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.

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With restrictive state regulations set to go into effect July 1, the medical marijuana industry seems to be making headway in its lawsuit to block the new law. Meanwhile, three medical marijuana providers whose businesses were raided this spring were arraigned in federal court in Missoula.

In an effort to block the new medical marijuana laws, the Montana Cannabis Industry Association sued the state in district court in Helena claiming the law violates patients' right to pursue good health.

from making a profit or being reimbursed for their expenses.

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Bozeman will continue to cap the number of medical marijuana storefronts allowed in town, but city officials will revisit the rule in one year, hopefully when state law is ironed out.

"There is so much of this that is still up in the air," Commissioner Cyndy Andrus said.

The City Commission on Monday voted unanimously in favor of capping the number of business licenses the city can issue to medical marijuana storefronts at 21.

Last year, the commission decided to cap the number of brick-and-mortar storefront licenses at 20 for one year to see how it worked. The city also issues licenses for cannabis delivery services and grow operations.

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As a state judge mulls a law that would shut down Montana's medical marijuana industry, one area caregiver said he is closing his business and laying off 40 employees for fear of federal prosecution.

"I'm buckling to federal pressure," said Rob Dobrowski, owner of Area 420, which operated four storefronts in Montana. "I'm scared, and I'm going to stop because the (Drug Enforcement Administration) are acting like a bunch of thugs and destroying people's livelihoods and putting people in prison for creating something that is good, something that helps the economy, helps patients."

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