The MTCIA wishes to thank US Representative Denny Rehberg for standing up for the traditional Montana value of self determination, and for showing his support for Montana citizens facing the imposition of federal policies that hurt our state. We believe Montanan’s should decide for themselves what is best for their own citizens – not the Obama Administration.

On May 9, the US House of Representatives considered the Rohrabacher-Hinchey-Farr-McClintock Amendment to the appropriations bill.  This important amendment would have defunded federal enforcement of federal laws in medical cannabis states.  This historic proposal did not pass on a vote of 262 to 163, but our own Representative Denny Rehberg supported the amendment. 

Denny is a house-hold name in the state of Montana. He has served as Montana’s Congressman for six terms. He is a proud American and loves his state. Mr. Rehberg is a loving husband, father, rancher, and a former small business owner. Congressman Rehberg understands what his state needs and knows how to get it done. His knowledge and experience is invaluable. Please help Mr. Rehberg in his campaign for US Senator in November. Visit his site at http://www.dennyrehberg2012.org/ and contribute to his campaign.  Support those leaders who support you!

Following our most recent blog post on the costs of the lawsuit, there has been a great deal of speculation that we are prepared to abandon our fight against SB423.  This is not the position of the MTCIA, and we have no plans to give up the fight.  Rather, we are simple asking those who have benefited from the lawsuit to contribute to the cost, and nothing more.

The lawsuit against the state of Montana for its attempts to destroy the industry is a fight worth waging.  If it had not been for the suit, there would effectively be no providers today, and Montana would be the only medical marijuana state in which the state representatives succeeded in rolling back the will of the people.  When the vast majority of patients are either too sick or do not have the resources to grow their own cannabis, the amazingly brave work done by those who continue to help patients demonstrates an extraordinary amount of compassion for those in their care.  These people deserve our vocal and visible support, and we will continue to do that which is within our power to provide that support.  Of course, this battle comes at a steep financial price, but the board of the MTCIA truly believes that Jim Goetz was and still is the right choice to help us lead this fight.  Mr. Goetz has done work of the highest caliber, and he deserves our continued financial commitment.  Simply put, when the fighting gets tough, it is exactly the wrong time to remove one of your best warriors.  Everyone currently in operation today should take note of the fact that he personally fought on behalf of our cause and has done what none other has been able to do – turn back the government’s increasing tendency to favor the will of the federal government over the will of the voters who put our elected officials in office.

There is seemingly no shortage of bad news for medical marijuana providers and patients in our state, and the MTCIA is not about to contribute to it.  Indeed, these are the times that try men’s souls. The fair weather profit-takers have long gone from what is left of the industry, most likely underground, and even committed and caring providers have found it safer to simply leave the fight.  But those who soldier on in this crisis have not shrunk from their service to a cause they know is right.  All those who stand with us now deserve the love and thanks from the citizens of Montana.  Governmental oppression is not easily beaten.  But we have this consolation:  That the harder the conflict, the more glorious the triumph. Life as a caregiver in 2009 and 2010 was easy, and what we obtain too cheaply, we value too little.  It is only when the challenges are hard that we understand a thing’s true value.  Can we put a price on personal liberty or physical heath?  These things are beyond value; truly a priceless things.  The federal government, with its armed and well-trained police force has named us its top priority for nothing more than political purposes.  In so doing, it has trampled on our state laws, the Montana Constitution, and on the rights secured by the nation’s Bill of Rights.   On the state level, our own law enforcement officials have abandoned the state law they are supposed to enforce in favor of taking money from the federal government to prosecute those very citizens they allegedly serve and protect.  If this is not tyranny, then tyranny has no meaning in the US.  We as Americans have a duty to oppose unjust laws, and the MTCIA stands ready to do just that.

We’ve taken some serious hits from the federal government over the last year (on top of the ones delivered by our own state government).  The recent round of federal indictments and raids has had a seriously detrimental effect on what is remaining of Montana’s medical marijuana industry.  Our state law obviously offers no guarantee of protection from federal intrusion and our State Attorney General, as well as every other state-elected official, all continue to remain mum on the harassment and damage being done to their own citizens.  Understandably, providers across the state have been shutting down in an effort of self-preservation.   As the number of providers has dwindled, so have the incoming donations to pay for the lawsuit fighting SB 423.

Well folks, it’s now time for everyone to really consider what this lawsuit means to you.

The MTCIA is saddened to say that we cannot continue with this lawsuit at the rate that donations are flowing in now.  The lawsuit heads back to District Court after oral arguments on May 30 and could easily cost another $100,000 or more.  We cannot in good faith go forward with a lawsuit that we cannot pay for.  To be very clear, when and if that decision is made, it will be made by the industry as a whole due to lack of financial support and not because the MTCIA decided to call it quits.  If donations do not increase significantly, that is unfortunately where we are left standing.

No one should need reminding that this lawsuit is the only thing that has kept this industry alive since SB 423 was enacted as law.  It is safe to assume that most providers would not still exist if SB 423 was in full effect.  Is it unreasonable to expect for everyone that has benefited from this lawsuit to contribute something?  Anything?  Many have given (some much more than others) and we really hope that you can still keep giving.  We also understand that everyone has different financial circumstances that limit what they can contribute.  Yet there are still those out there that haven’t donated a single dime and have still reaped the benefits.   Some are simply not donating because they don’t like what the MTCIA has or hasn’t done or they just don’t like a board member.  It’s a lot like shooting yourself in the foot to have an attitude like that.   The primary reason the MTCIA exists right now is to pay for the lawsuit, the lawsuit that has allowed you to keep serving your patients.  If you can’t support that, then you’re just riding the coattails of those that do.  It really isn’t fair, but there is no way to make anyone do the right thing.

The flip side to all of this is wondering if the lawsuit is really worth it.  Should the MTCIA’s sole existence be to pay for a lawsuit that will not offer any protection whatsoever from the federal government?  Yes, the state law is unjust, but it is the federal intrusion that is hurting us most now.  U.S. Attorney Michael Cotter has made it clear that he will continue to go after all large-scale operations.  Where do they draw the line at for ‘large-scale?  Who does that leave left to support the lawsuit?  Are our extremely limited resources better off used for something else?  These are questions we would like everyone to consider.

In the meantime, we still have a balance with our lawyer and will owe more for the upcoming oral arguments.  Our PayPal donation button is on the top right of the page for your convenience.  If you don’t want to use PayPal, you can mail donations here:  MTCIA, P.O. Box 9085, Missoula, MT 59807.  Regardless of the future might hold, it is still essential to our industry’s public image for all of this to end with a zero balance.  It is the right thing to do.  Anything else will just get used against us in the future.

As you may already know, DPHHS is changing its fees for registrations and renewals.  Both new applications and renewals will change to $75 effect on June 1, 2012.  For the nitty-gritty details, the state has posted a .pdf file here.  We thought we would give you some other pointers to make sure things go smoothly with your applications:

1. If you send in your payment and it is received before May 31, you will get the old rate.  After that, you will have to pay the new rate.  Postdated checks do not change this – it’s about the date received.
2. It is very important for medical marijuana cardholders to know the expiration date on their cards.  When it expires, you have no protection from arrest or prosecution.  When you expire, you expire.  There is no affirmative defense, and no grace period, period.
3. DPHHS does not send out reminders before your card expires.  It is your responsibility to know when you expire and take care of it beforehand.
4. Early renewals received 45 days or less before the expiration date will have the same expiration date, plus one year later.
5. If a renewal is requested and processed more than 45 days prior to the expiration date, the expiration date will be based on the date the card was activated by the state.  In effect, you would “lose” time if you send in your application for renewal really early.
6. The best time to send in your application for renewal is 45 days prior to expiration.
7. When you send in your application, make sure to include a photocopy of your driver’s license or state-issued ID.  It must be legible so that the department can read the numbers on your card.
8. The department cannot accept military IDs, tribal IDs, passports or expired IDs.
9. The department will not accept cash.  Check or money orders are the only acceptable forms of payment.
10. The state requires the original (not photocopied) versions of the physician’s certification.
11.  Keep copies of your paperwork yourself.  DO NOT rely on a provider or someone else to maintain your paperwork for you.
12. The application itself contains a checklist of things to be sure are complete before mailing at the top of the first page.  Double-check that list before you send your application materials in.
13. Keep in mind that DPHHS cannot by law release names of physicians or providers.  It is in fact illegal for them to do so under our current law.
14. The number for the Medical Marijuana Program is 406-444-0596.  DPHHS is getting better at making sure you can talk to a live person when you call.
15. If you have an unusual situation, an excellent person to speak with is Rachael Kynett.  She is the Program Manager for the Medical Marijuana Program and she is very helpful.

Montana’s medical marijuana law was designed to drastically reduce the number of medical marijuana providers in the state.  In 2010, there was 1 caregiver for every 6 patients.  Today, that ratio is 1 to 47, and over 45% of the remaining patients have no provider at all according to the Department of Public Health and Human Services.  Because caregivers often assist patients with news and information, today there are few ways for cardholders to learn about the program or current legal requirements under state law.

“The program has been decimated,” says Ed Docter, President of the Montana Cannabis Industry Association (MTCIA), the organization that spearheaded a challenge to the state’s current law.  “I really have no idea how patients can figure out this confusing law.  There are lots of ways people can get in trouble without realizing it.  This seminar is one of the only ways for patients to even know what to do,” he said.  Tom Daubert, founder of Patients and Families United and author of the state’s voter initiative which put medical marijuana on the books agrees.  “Our state law really leaves patients out in the cold.  It is a huge help to have a place where patients can learn about the law and ask questions,” he said.

The seminar is hosted by Chris Lindsey, medical marijuana attorney based in Missoula and board member of the MTCIA.  Lindsey has represented dozens of medical marijuana patients around the state in both criminal cases and in lawsuits against the state and local governments.  He regularly testified at legislative sessions in 2009 and 2011 and served on the Child and Family Services Interim Committee in 2010 seeking improvements to the state’s law.  In addition to legal requirements, Lindsey will also discuss the voter initiatives and signature drives related to medical marijuana and marijuana legalization in the state over the past year.

Tickets for the 3-hour seminar are $40 in advance or $50 at the door, and a portion of the proceeds goes to the MTCIA’s efforts around the state.  Seminars are scheduled as follows:

For more information, a website for the event is at http:/www.cardholderseminars.com/.  The views expressed by the speaker do not necessarily reflect those of the MTCIA.

The most recent round of federal indictments stemmed from the March 2011 raids of Big Sky Patient Care, Montana Cannabis, and MCM as well as the May 2011 raid of Sleeping Giant Caregivers.  This news was a grim reminder of the inherent risks of doing business in this industry as well as the ongoing conflict between state and federal laws.  These indictments carried your typical charges of conspiracy to manufacture marijuana, the manufacture and distribution of marijuana, and possession with intent to distribute marijuana. Some business partners were charged while others were not.  One can only speculate as to how the indictments were handed out.  Some of the people that were indicted have already made deals.  You can’t really blame someone for spilling the beans when they are looking at the rest of their life in a federal prison.

These indictments were obviously very close to home for us.  MTCIA Board Member Chris Lindsey was among those indicted.  As many of you know, Chris was a caregiver at Montana Cannabis for about a year.  He quit working for them in January 2010, 14 months prior to the raid at Montana Cannabis.  Some of charges given to him on Tuesday include conspiracy, marijuana manufacturing, and firearm possession.

Montana Cannabis allegedly had guns seized when they were raided.  Lots of guns.  Chris is looking at a minimum sentence of 690 years and a maximum sentence of 25 consecutive life sentences plus 85 years (yes, you read that right).  This is largely due to the number of guns that were seized during the March 2011 raid, more than a year after Chris quit working at Montana Cannabis.  Each gun carries a mandatory minimum sentence with the first carrying 5 years and each additional gun carrying 25 years.  It doesn’t even matter what kind of gun they are.  Any gun found on premises carries the same penalty, even if it was used for hunting, recreational shooting, or just an antique.

We have the Comprehensive Crime Control Act of 1984 to credit for that outrageous and absurd sentencing.  This Act was initially created to eliminate the disparity of sentences that happens from one judge to another.  In reality, this Act stripped judges of their ability to use discretion during sentencing by creating mandatory minimum sentences for drug-related offenses.  Under this Act, a drug offense involving a man trying to feed his family must be treated the same as a drug dealer preying on the poor and vulnerable to get rich.  A judge must treat the possession of guns in a medical marijuana operation the same as it would if you were running a drug cartel dealing cocaine and heroin.  Considering the level of gun ownership in Montana, this poses a major threat to the medical marijuana providers that are also gun owners – especially those operating out of their homes.  Just because your guns are not involved with your operation doesn’t mean you cannot be criminally charged for their presence.  In Chris’s case, they didn’t even have to be his guns.

Chris would have liked to have made a statement here himself, but was advised against it by his lawyer for obvious reasons.  Chris firmly maintains his innocence in regards to his abiding by state law and nothing he was charged with suggested otherwise.  He wants this to go to trial and it could be the first case in the state to do so.  Chris is choosing to stand solidly behind his principles.  Some of the plea bargains that have taken place recently demonstrate just how just how hard that can be.

We have heard through the grapevine that some people think that Chris may have deserved this.  He’s a real easy person to point a finger at these days.  It’s also an easy way to make some people feel better about their own actions.  You might also say that this was just part of the inherent risk of doing business in this industry since marijuana is still federally illegal.   If that’s how you choose to see it, then you’re refusing to see the big picture.  It’s time to refocus.

Where is your outrage that Chris could spend more time in prison than murderers and pedophiles?  Where is your outrage that he is being charged with possession of an assortment of guns seized 14 months after he quit working at Montana Cannabis (guns that were never his in the first place)?  Does the father of an eight-year old boy deserve to miss out on the rest of his son’s life for a federal crime that doesn’t even qualify as a crime under our state law?

Where is the sense in that?

There is none, but that’s the War on Drugs for you.    Total nonsense.

I’ve been telling a lot people about Chris lately.  Everyone has had the same reaction – disbelief.  Even if they don’t support medical marijuana, even if they think marijuana should remain illegal, they still can’t understand how someone could spend that much time behind bars for something so benign.  Not a single person I’ve talked to has been aware that this is standard practice with regards to the federal government and marijuana, regardless if it is medical or not.  We live in the United States of America after all, not some third world country.  Sadly, our drug penalties don’t reflect that and have helped the United States achieve the number one incarceration rate in the world.  Go USA.

It is time to wake more people up and help them see the full extent of the reefer madness.  Change can only happen when the validity of ‘what is’ comes into question. You can play a small part in facilitating that change by sharing this story.  There is always a story behind a law getting changed.  This could definitely be one of them.

And to all of the remaining providers out there, we strongly suggest you familiarize yourself with the federal mandatory minimum sentencing guidelines and the Comprehensive Crime Control Act of 1984.  There is no wiggle room, no gray area, even when you are abiding by state law.

Please play it safe.

The Missoula MTCIA Meeting has been rescheduled for next Wednesday April 18 at 7:15pm. The meeting will be hosted at 2935 Stockyard Rd. Suite K5, Jerry Spurlock’s space.

On April 19, Jonathan Janetski will learn how long he will be spending in federal prison.  He is looking at 30 to 36 months behind bars.  Janetski’s tenants were among the medical marijuana providers that were raided in March 2011.  It appears that the federal government is making good on their threat to go after those peripheral, but not directly involved in the medical marijuana industry.

According to media reports, we know that Jenetski knew his tenants were medical marijuana providers and that he had consulted with a lawyer and with the state prior to renting to them.  He also reviewed statements that U.S. Attorney General Eric Holder made while in Missoula in February 2011.  At that event, Holder said that he had made a decision early on that the scarce federal resources would not be used in going after the people who used marijuana according to their state’s laws.

We do not have all of the facts.

We do not know if state laws were broken.

We do know that marijuana is still federally illegal.

According to U.S. Code, it is also illegal to “knowingly open, lease, rent, use, or maintain any place, whether permanently or temporarily, for the purpose of manufacturing, distributing, or using any controlled substance.”  In other words, it is still illegal under federal law to rent to medical marijuana providers regardless of any state law.   In California, U.S. Attorney Melinda Haag has sent letters out to landlords to warn them to stop the sale of medical marijuana within 45 days or face the possibility that their property will be seized and they will be sent to prison.  Unfortunately, that privilege has yet to be extended to landlords in Montana.  Not surprisingly, landlords across the state have started giving eviction notices to medical marijuana providers since this story made the news.  One can’t really blame them under these circumstances.

Who will be the next to be charged?  DPHHS employees?  Northwestern Energy employees?  Only time will tell.  Fear is a powerful tool.  One can see how the black market would seem more safe and certain these days.  As usual, those that suffer the most from this are the ones the feds said they would leave alone – the patients.

The following was presented by Chris Lindsey at the Children, Family, Health, & Human Services Interim Committee Meeting in Helena on March 30, 2012.

Madam Chair, ladies and gentlemen of the committee, my name is Chris Lindsey, and I am here on behalf of the MTCIA.

If the purpose of SB423 was to encourage people to leave the system, the current law has been a tremendous success. If the purpose was to regulate medical marijuana in a way that can help the sick people who need it the most, the current law almost entirely misses the mark.

While DPHHS does a good job of managing a registry of participants, that is exactly the limit of DPHHS’s involvement in the program. No one in government is paying attention to the production, distribution, and use of marijuana as medicine. And that lack of control is a disservice to those sick people this system was established to serve.

Rather than address quality standards, testing, labeling requirements and financial controls, the current law is really about building barriers to participation:

• The law says that patients can grow their own, but makes it illegal for patients to obtain plants or seeds.
• If two unrelated patients live together and one needs to grow, it is illegal for the other person to continue living there.
• Probationers cannot participate in the program no matter what, regardless of what their PO, doctor or the sentencing judge thinks about it.
• We have a system in which law enforcement not only verifies a person is in the registry, they make that determination for EVERY traffic stop in the state, regardless of the purpose for the stop. What is the likelihood that the nature of the stop changes for those who are ID’d as being in the registry? Is that fair, or even what was intended?
• We have a system that makes it harder to obtain a recommendation from a physician (and therefore more expensive for patients), but then removes the word “medical” from the entire Act.

But when it comes to who produced what, what chemicals or agents went into it, how much was consumed, and where the money went, we can’t even begin to tell.

The lesson we should get from SB423 is that restriction is not the same thing as regulation.

The issues that are central to the MTCIA lawsuit are obviously important to the organization, but they are only part of the story here, and frankly not the most important part. This law was originally created for the patients. They are the beneficiaries of a well regulated system, regardless of the outcome of that case. The system we have now is dysfunctional with or without the help of the courts.

The black market should not be the better option for participants in the program, but that is effectively what we get. Unless a patient is wealthy enough to purchase all the growing equipment, and unless he or she is healthy enough to grow marijuana, unless he or she is smart enough to be able to keep enough on hand but never more than an ounce at a time, and unless he or she is lucky enough to live in a location that can accommodate a marijuana grow, the black market stands ready to provide. The patient may not know what’s in it, how it was made, or what state or country it came from, but it will always be there.

Medical marijuana is not going away because marijuana is not going away. You can choose to ignore it, hope and wish and pray for the federal government to figure out something. Or you can get involved in managing the system that will be there regardless of whether or not the government chooses to get involved.

It is nice that various parts of our government are talking with law enforcement about implementation, but is anyone talking to the people for whom the law was created?

SB423 was a law created by those who were morally opposed to its very existence. It is designed to hinder, frustrate, and turn away participants and ignores the system it claims to regulate. The law is damaged goods and the MTCIA does not believe it can be amended into something functional. We would be far better off taking a fresh approach by taking the lessons we learned in putting together HB68, regulating other substances in our state, and determine what lessons can be learned by the experience in other states and create our own regulatory approach.

Or we can continue to ignore the presence of marijuana in our society except for law enforcement purposes, and hope that it will simply go away.

Good luck with that approach.