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]

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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.

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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

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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!

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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.

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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.

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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.

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Last week, the House Human Services Committee, ignoring the will of the people, took the imperfect S.B. 423 and made it completely unworkable. Committee Chairman Dave Howard called medical marijuana a “scourge” and tried to get the bill as close to repeal as possible. We expect a full House vote as early as Monday, April 11.

So what exactly is going on in Montana? First, there was the initial push for repeal with H.B. 161. That bill stalled in the Senate, but was immediately followed by a rash of federal raids on medical marijuana businesses, which whipped the legislature into a frenzy to do something, anything, about this medical marijuana “scourge.” With full repeal supposedly off the table, S.B. 423 moved forward, which would have restricted the rights of patients severely and eliminated most medical marijuana businesses. When the legislature couldn’t agree on that, the full repeal bill reared its ugly head again. This time, it was approved by both the Senate and the House.

Now, Montana lawmakers are concerned that Gov. Schweitzer might veto the repeal bill, and are pushing an even stricter version of S.B. 423 toward his desk, just in case.

The bottom line is that everything comes down to Gov. Schweitzer. Since it is obvious that the legislature as a whole can’t decide on a humane and reasonable solution to the alleged problems in Montana’s system, we must ask the governor to support the will of the voters, by rejecting repeal of the medical marijuana law and proposing amendments that do not strip it of its substance.

Please ask Governor Schweitzer to veto medical marijuana repeal.

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From today's press release:

The National Cannabis Industry Association, the first national organization dedicated to advancing the interests of cannabis-related businesses, today discussed the federal legislative needs of the industry at an event at National Press Club. Prominent leaders in the industry joined Congressman Jared Polis (D-CO), as well as the manager of See Change Strategy, an independent firm that, on March 23, released the first-ever financial analysis of the legal medical cannabis industry in the U.S. This report, based on interviews with more than 300 individuals involved in the industry, projected the total legal medical cannabis market at $1.7 billion in 2011.

"Coloradans have known the positive economic benefit of the cannabis industry for quite some time," said Congressman Polis. "Thanks to the voters of Colorado and the regulations established by the General Assembly, we have a vibrant new legal industry. Colorado's entrepreneurial spirit is strong and our local and state governments are enjoying both the increased revenues from the taxation of the sale and production of medical marijuana as well as the reduced human and financial cost of fighting crime. This report should serve as an important signal to all states considering reforming marijuana laws as well as to the federal government that in a comprehensive regulatory environment, the cannabis industry — like any other industry — can provide jobs, revenue for government and most importantly keep this substance out of the hands of children and vulnerable populations."

"This is not an industry looking for special treatment but an industry looking to be treated on par with other small businesses,” said Polis. “We in Congress need to ensure that this industry can access banking, be treated like any other business under the tax code and has regulations to ensure the safety and efficiency of the market."

Industry leaders highlighted the unique problems they confront as businesspeople. In particular, they described the looming challenge presented by Section 280E of the Internal Revenue Code, which, according to the IRS, prevents them from deducting legitimate business expenses.

“We do not believe 280E, which was intended to apply to individuals who were clearly engaged in illegal behavior, should be applied to legal, licensed organizations like Harborside Health Center,” offered Steve DeAngelo, the executive director of the dispensary by that name in Oakland, California. “Harborside is not a drug trafficking organization, we are a community service organization. Standards that were intended for street dealers of harmful drugs should not be applied to those easing the suffering of seriously ill patients.”

Another member shared the ongoing ordeal many organizations face as they attempt to secure and maintain accounts at financial institutions fearful of violating federal law.

“To say that it is frustrating having one bank account after another shut down is an understatement,” said Jill Lamoureux, managing member of Colorado Dispensary Services. “Access to banking is crucial for this emerging alternative healthcare industry. The capital-intensive nature of start-ups calls for traditional banking services, including credit facilities and equipment leasing options. And as the State of Colorado implements the first statewide regulatory system for medical marijuana, electronic banking and recordkeeping is essential for audit and tracking purposes.”

Meanwhile, Aaron Smith, the executive director of the National Cannabis Industry Association, touted the economic benefits of the industry and conveyed the mission of the organization.

“The nation's legal medical cannabis market is now worth nearly $2 billion annually and supports hundreds of small businesses and thousands of jobs,” said Smith. “All indications point to significant expansion of this sector of the U.S. economy in the years to come and the National Cannabis Industry Association was formed to provide the industry with a voice on the national stage along side other legitimate business interests.”

Other members of the National Cannabis Industry Association present at the event were Brian Cook, founder and president of Altitude Organic Corporation; Tripp Keber, managing director and sole owner of Dixie Elixirs & Edibles, LLC in Colorado; and Michael Backes, a member of the board of directors of Cornerstone Research Collective in Los Angeles, California.

The mission of the National Cannabis Industry Association is to defend, promote, and advance the interests of the cannabis industry and its members. NCIA publicly advocates for the unique needs of the emerging cannabis industry and defends against those aiming to eliminate the legal market for cannabis and cannabis-related products. For more information, please visit www.TheCannabisIndustry.org.

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Are you a patient with a serious medical condition who might benefit from medical marijuana, a loved one of such a patient, a medical professional, or a member of law enforcement or the clergy who might be interested in speaking out? If so, please contact Noah Mamber, the Marijuana Policy Project’s legislative analyst for Delaware, at (202) 905-2025 or nmamber@mpp.org to learn how you can help pass medical marijuana legislation in Delaware this year. Please also search your personal contacts and if you know someone who falls into one of those categories and might be interested in helping, please also urge them to reach out to us.

Whether or not you are a patient, you can ask your legislators to support this sensible bill, S.B. 17, by visiting this page.

Although we need supporters from all over Delaware, we especially need people in the following areas:

* Western Newcastle county, northeast of Newark, Stanton, Marshallton, Dunlinden Acres, Hyde Park, Arundel, Sherwood II, Greenwood, Northpointe, Mendenhall Village, North Star, Meadowbrook, Milford Crossroads, Chanterelle, Paper Mill Park, Deacon’s Walk, Linden Way

* Southeastern Newcastle county, Newport, Dunleith, Wilmington Manor, Castle Hills, Collins Park, Penn Acres, Jefferson Farms, Newcastle, near Newcastle Airport, Bear

* Southwestern Newcastle county including Middletown, Wiggins Mill, Townsend, Blackbird, Delaney Corner, Clayton

* Dover and areas east, west, and southwest, including Rodney Village, Wyoming, Camden, Chaplecroft, Little Creek

* Northern Sussex county coast: Milford, Slaughter Beach, Argo Corners, Sandy Hill, Harbeson, Cave Colony, Zoar, Mt. Joy, Morris Mill, Long Neck, Hollymount, Fairmount, Angola, Marshtown, Jimtown, Belltown, Nassau, Carpenters Corner, Lewes, Lewes Beach, Green Hill, Broadkill Beach

Delaware’s carefully crafted medical marijuana legislation, S.B. 17, is expected to receive a Senate floor vote on March 31. S.B. 17 would allow the compassionate use of medical marijuana for chronically ill Delaware patients with their doctors’ recommendations. It would include tightly regulated, extremely limited distribution of medical marijuana by licensing three not-for-profit compassion centers, one in each of the Delaware counties.

We have a real chance at passing medical marijuana legislation in Delaware this year, but we can’t do it without your help. Delaware is a very small state where folks know each other. The best way to pass this legislation is to get more Delawareans involved! Delaware legislators need to hear from those whom this compassionate legislation would affect. Please share your stories, experiences, and support today!

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