MTCIA Still Working for Clarity Following Ruling

Posted By on Jul 1, 2011 | 13 comments

Urgent Update: Get your patients to fill out the form to make you a provider NOW.

Updated 12:27 pm

Need help understanding process to switch patients from you as “caregiver” to “provider”? MTCIA member Bob Cypers is willing to help: 406- 459-3104

A message from Bob:

Morning all,

I’m more that happy to answer any questions as they pertain to the provider
paperwork.  I can’t answer “legal” questions like plant count, husband wife
grows et la.  Here is the condensed version of how we did it this morning.

1. We had 10 patients fill out change forms and name me as the provider.
The patient fills out the top, you fill out the bottom, you do not have a
provider/MIPP # yet so leave blank.  You MUST have a patient name you to
become a provider.

2. Mail, or to expedite, take to DPHHS at 2401 Colonial Helena.  If you
deliver they will hand you a provider form to fill out.  No finger prints
required.  You have to have a money order or check for $50 made out to
DPHHS/MMP.  If you snail mail they will send you a provider form and you do
the above.  You are NOT LEGAL until you do this!!!!!!

DPHHS is VERY helpful.  If you have any questions please feel free to call #




Judge Reynolds’ ruling was a partial victory. The new law slated to go into effect yesterday would have essentially ended access to medical marijuana in Montana.  Access has been preserved. However, given that it was a partial injunction, many provisions are still going into effect. For a comparison of what the law would have done without the injunction compared to the situation with the injunction, go here.

In terms of functionality, the biggest issue is that caregivers were eliminated as of midnight. Yes, growers can still have medical marijuana businesses, but they must be registered as “providers” as per the requirements of the new law. So, according to the letter of the law, if you had 15 patients yesterday as a caregiver, you would be operating against the law if you were serving them today. You must undergo the paperwork to become a provider. The patients must name you as such.

 This, of course, temporarily breaks down the entire system. Yet, it was clearly the judge’s intention to allow commercial activity.

 The judge’s ruling came out at the end of business hours yesterday. Little could be done last night to seek clarifications. No guarantees, but the MTCIA and their attorneys are working to see what might be done about this transition.

And don’t forget, the new law can still be stopped in its entirety through the referendum process.

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