Despite being disappointed with the language of the bill, it appears that Montana Governor Brian Schweitzer is not upset enough to veto the final version of S.B. 423, which would destroy the burgeoning medical marijuana industry, force patients to go to the illicit market, and make it extremely difficult for patients to qualify for the program.

On April 30, Gov. Schweitzer announced that while he was not pleased that the legislature had ignored most of the amendments he suggested when he first sent the bill back to them, he felt that it would be better to pass S.B. 423 than leave the status quo. He said he will let the bill become law without signing or vetoing it. He still has time to change his mind, however.

Under S.B. 423, larger marijuana-growing operations and all dispensaries must shut down by July 1. Patients will have to grow their own or obtain it for free from a provider who can grow for up to three people. In addition, doctors who certify 25 patients will have to pay for an investigation into their practices.

Patients and Families United plans to launch a statewide referendum campaign soon and will need help from far and wide. If enough signatures are gathered with the required geographic distribution, S.B. 423 might be prevented from taking effect prior to putting it before voters in November 2012.

Gov. Schweitzer should be commended for vetoing the bill to completely repeal the medical marijuana law and for attempting to get the legislature to amend the current bill in a reasonable fashion. He shouldn’t give up now. S.B. 423 is bad for patients, doctors, and businesses. It will put many Montanans out of work and many more sick people back in pain. And instead of creating a regulated, controlled system for distribution, it will have the opposite effect from what the legislators intended, specifically driving patients into the hands of illicit drug dealers.

Once again, federal law enforcement is cracking down on medical marijuana businesses. On Thursday, just as Gov. Chris Gregoire was considering a veto of a bill that would establish the legality of medical marijuana dispensaries in Washington, federal agents raided several Spokane dispensaries.

Technically, these actions were in step with the Ogden memo, since Washington’s medical marijuana law does not explicitly allow and regulate dispensaries. Earlier this month, however, U.S. Attorneys warned Gov. Gregoire that they could still prosecute any medical marijuana businesses, even if they were allowed under the proposed bill. This prompted the governor to threaten a veto of the bill.

As if to illustrate their point, the DEA decided to start raids at a critical legislative juncture, which can only serve to compound the fears of nervous lawmakers and the governor.

Legislators should not allow this intimidation to affect their judgment. Several states have established licensed medical marijuana industries without seeing the type of aggression we are witnessing here. The key point to remember is that there is still no indication that the feds will go after medical marijuana businesses in states that have already established their legality. This means we need to pass laws protecting safe access as soon as possible!

Please contact Gov. Gregoire and ask her to stand up patients’ rights, and her state, by passing SB 5073.

The Oklahoma Legislature just passed a bill that would make manufacturing hash a felony punishable by up to life in prison! You read that right – life in prison for a substance that has never caused an overdose death.

Ask Governor Fallin to veto this ridiculous bill!

This is costly – if five people are convicted under this new provision and spend just 10 years in prison, the result is a bill of over $1 million to taxpayers. It’s also just plain stupid. Here are some other crimes and their maximum punishments under Oklahoma law:

* Domestic abuse – 1 year

* Drinking and driving with a child in the car – 4 years

* Aggravated assault resulting in “great physical injury” – 5 years

* Assault with intent to kill – 5 years

* Kidnapping a child – 5 years

* Second degree rape – 15 years

* Sexual battery of a child – 20 years

Apparently, the Oklahoma Legislature thinks that making hash, a concentrated form of marijuana, is deserving of more punishment than all of these crimes that involve actual victims who have suffered actual harm.

Please talk some sense into Governor Fallin and ask her to veto HB 1798.

Governor Brian Schweitzer stood up for the voters, medical marijuana patients, and their caregivers Wednesday when he declared his intent to issue an amendatory veto for SB 423. This bill would have drastically hindered the ability of seriously ill patients to become qualified for the program and would have eliminated the bustling legitimate medical marijuana industry, forcing patients to grow their own or resort to the illicit market. Schweitzer said he will send the bill back with amendments that allow strictly licensed commercial growing and distribution, as well as protect the privacy of patients.

The governor stated that the bill, as written and passed by the House and Senate, is unconstitutional. He also expressed disappointment in the legislature for wasting nearly the entire session trying to thwart the will of Montana voters by passing bills that are nothing but repeal in disguise.

From Missoulian:

Schweitzer said he doesn't believe the bill will survive a legal challenge.

"I'm kind of disgusted right now," he said...

… Schweitzer criticized the Legislature for managing to "squander away" most of the 90-day legislative session before sending him the bill. He said lawmakers already know it's unconstitutional, which is why they put a "severability clause" in it, saying if a court strikes down part of the bill, the rest stands. Severability clauses are common in complex bills.

"Why don't you just pass something that works, that's constitutional and that can survive the test of time?" he asked.

If the legislature does not transmit the bill in time for an amendatory veto, Gov. Schweitzer will be forced to either veto it outright or allow it to become law. From his statements, it’s not hard to guess which way he’s leaning.

In addition, it appears that the governor of Montana did not overreact to recent statements from U.S. Attorneys in Washington that the federal government could prosecute medical marijuana businesses and state employees involved in licensing them. Unlike Gov. Gregoire, he probably looked at the absence of such prosecutions in states like Rhode Island, Maine, Colorado, and New Mexico, all of which have state-licensed dispensaries. Just because the Department of Justice says they can go after marijuana businesses does not mean that they will, and the experiences of these states suggest that they are not likely to do so, particularly in states that have clear regulations allowing dispensaries.

Let’s all reach out and thank Governor Schweitzer for treating medical marijuana in a rational, principled, and compassionate manner. If he keeps standing up for the will of the people of Montana, his re-election is “guar-an-dang-teed!”

[caption id="attachment_4007" align="aligncenter" width="400" caption="Montana Gov. Brian Schweitzer breaks out the "veto brand" on bad bills. - Associated Press photo"][/caption]

On Friday, April 22, police at a checkpoint in Connecticut stopped Rhode Island House Minority Leader Robert Watson. Representative Watson cooperated with the police, agreeing to a Breathalyzer that resulted in a 0.05 reading (0.08 is legally impaired). During the stop, police also uncovered a small amount of marijuana and a pipe. Rep. Watson has since stated that he uses marijuana for medical purposes, but that he decided not to become a registered medical marijuana patient in Rhode Island out of confidentiality fears.

This unfortunate situation lends itself to serious contemplation of our current draconian marijuana laws. In Connecticut, as well as in Rhode Island, the possession of even a small amount of marijuana is considered a crime. Criminal convictions haunt individuals as a mark on their records, even if jail time is avoided. Many people will have a difficult time obtaining gainful employment, college admission or loans, and housing because of their record. Are these drastic results really justified for something as simple as possessing a small amount of a substance proven safer than alcohol?

Legislators in both Rhode Island and Connecticut have the opportunity this year to end the heavy-handed practice of labeling anyone a criminal for possession of a small amount of marijuana. Both states have bills pending that would decriminalize small amounts of marijuana, replacing the current criminal penalties with a more rational civil fine.

Finally, I would like to commend the minority leader for his subsequent bravery and honesty in addressing his entire chamber about this issue. He explained that prescription medications have caused severe side effects, and that marijuana alleviated bouts of pancreatitis, which put him into a coma for five days last November. I am glad he has found a medicine that helps alleviate his pain. Protecting patients, such as Rep. Watson, is why we worked so hard to pass Rhode Island’s medical marijuana law. Rhode Island’s law, for which Rep. Watson voted, includes protection from conviction for unregistered patients who have doctors’ recommendations, as well as protection from arrest for those who register.

Our summertime fundraiser at the Playboy Mansion just got even more exciting. The Marijuana Policy Project and GreenLife Medical Systems present to you the Liberty Belle Ball where freedom is beautiful and victory is our goal.

Join us on July 7, 2011, as we proclaim our liberty from propaganda and blind acceptance of the status quo. We'll rally together to declare independence from our government’s shameful bias against cannabis as a medicine, an industrial fiber, and an alternative to alcohol.

The Liberty Belle Ball is a celebratory show of force for common sense marijuana laws. Get your tickets to the Ball today, before the price increases on Monday, May 16. Visit www.mpp.org/pb2011 for more details.

Part of the price of each ticket is tax-deductible, and 100% of the net proceeds will benefit our work to end marijuana prohibition in the U.S.
 
In other words, this is a win/win/win situation: You attend an unforgettable party, you receive a tax deduction, and you help change our nation's absurd marijuana laws.

In addition to the Mansion's famous attractions, the Ball will also feature a major music act, burlesque performances, patriotic body painting, a silent art auction featuring classic Marilyn Monroe pinup photographs, and many other delights.

Guests are encouraged to dress to impress. Those dressed as “liberty belles” will be eligible to enter a drawing for fabulous prizes.

Do the patriotic thing – join us at the Liberty Belle Ball on July 7!

Brought to you by:

For information on group ticket sales or sponsorship opportunities, please contact Lindsay Robinson at lrobinson@mpp.org or 415-515-0450

If you are one of the many people that showed your friends, co-workers, and family the video of Columbia, Mo. SWAT officers raiding the home of Jonathan Whitworth and shooting his dogs immediately after kicking in the door, then you helped make a real difference for the people of Columbia and elsewhere.

According to Ken Burton, police chief of Columbia, the public outcry that followed the release and viral spread of this disturbing video forced his department to make major changes to the way in which it uses its SWAT teams. The direct result of this has been that “dynamic entry” of the sort that led to the tragic events in the video has not been used for drug enforcement once in 2011!

This is a wonderful example of how information-sharing and public pressure can have a direct impact on the unjust and violent policies of the war on drugs. We have the power to change things for the better, and we have to use it. Simply sharing videos is not enough, however. We need to consistently engage anyone and everyone on the issues arising from the prohibition of marijuana, and keep doing so until the truth is impossible to ignore. This is a good start!

I’m starting to sound like a broken record. Yesterday, the DEA, assisted by local law enforcement, raided several Michigan medical marijuana businesses and arrested the owners. No information has been released since the investigation is ongoing.

This sounds awfully familiar. Last month, federal authorities cracked down on medical marijuana facilities in Montana and California. According to all available information, those raided were in compliance with state law and were legitimate businesses.

It seems that the DEA is going to continue taking an active role in investigating and prosecuting medical marijuana patients and caregivers, regardless of Justice Department direction to the contrary. While they are legally allowed to enforce federal law in states where medical marijuana is permitted, the current policy directs them to only do so if state law is being broken.

I’m left wondering why the DEA is involved if the people and organizations being targeted are operating within state law. If these “criminals” are not following state law, why is it necessary to call in the feds? One would think local law enforcement is perfectly capable of enforcing their own state’s laws and wouldn’t want anyone nosing in on their jurisdiction. Could it be that some law enforcement and certain politicians see this as a way to impose extreme penalties on a group of people with whom they have personal and ideological problems?

Or is the DEA simply taking it upon themselves to interpret state law, storming in when someone is operating within a legal gray area?

Either way, the DEA has no business going after medical marijuana businesses in the states. This is a state issue that is best dealt with through debate and regulation, not with assault weapons and battering rams.

Please sign this petition asking President Obama to keep his promise and end the raids.

In a great show of respect for the will of the voters in Montana, Gov. Schweitzer vetoed H.B. 161, the bill that would have repealed Montana’s medical marijuana law. That law, which was approved by a large majority of voters in 2004, has come under criticism lately, and overzealous lawmakers are doing everything they can to gut or eliminate the program.

While this is a wonderful sign of support from the governor, medical marijuana patients and businesses are still at risk. The legislature is currently considering another bill that would seriously damage the ability of patients to access their medicine, and would destroy the legitimate medical marijuana industry that has emerged in Montana. S.B. 423, and especially the House version of the bill, would add to the already staggering unemployment rate in Montana and would effectively send patients back to criminal organizations to get their medicine. It would also severely limit the number of patients for whom a caregiver can grow marijuana.

Hopefully, the Senate will reject the House’s version of “repeal lite” and insist on a more compassionate proposal. Even if the Senate rejects the House’s unworkable bill, though, the Senate version was also too onerous and unworkable, especially for pain patients. Patients will likely need to rely on the governor to see the error in this bill as well, and suggest reasonable regulations for Montana’s medical marijuana industry that do not hurt patients or their caregivers.

Montana residents, please ask your senators to reject House amendments to S.B. 423.

The Maryland Legislature passed a bill this week that will help protect some patients from conviction if they can prove that their marijuana use was medical. The bill allows patients charged with possession to have their cases dismissed if they can show that they have a diagnosis of a debilitating medical condition from a doctor with whom they have an ongoing relationship. Lesser protections are also included that reduce the penalty in the case of non-debilitating conditions if patients can prove that their use was medical.

In addition, this bill would create a study panel of policy and health experts to look into the best ways to implement a comprehensive medical marijuana program in Maryland in the future.

While the overall bill is less than what we hoped for, it is definitely a step in the right direction. After all, anything that can help keep a patient out of jail is a good thing. The creation of the study panel bodes extremely well for all the medical marijuana patients in the state as well. It is certainly an indicator that lawmakers are willing to work with us on this issue, and are being responsive to the overwhelming support for such a program in Maryland.

The bill is now awaiting Gov. Martin O'Malley's signature, which he has already promised.