The state’s Attorney General’s office responded to the MTCIA’s motion for rehearing by filing its “Objection to Petition for Rehearing” yesterday, October 9. According to the Supreme Court’s online docket, it now considers the matter officially submitted for determination. We are unable to say how long it will take the Court to render its decision.
The arguments between the MTCIA and the Attorney General are fairly technical. The MTCIA argued that it was simply speaking to the issue on appeal: whether or not “strict scrutiny” applied as the appropriate basis for the constitutional analysis used by the district court in issuing the injunction. The Montana Supreme Court said that it did not, but went further by saying that another level of scrutiny, called “rational basis,” was the proper analysis under the circumstances. Our attorney argued that concluding that “rational basis” applied in our case went beyond what the Supreme Court was asked to do, and limited our options for a different type of analysis, called “middle tier,” when we get back to the district court. That argument, which was the basis for the Petition for Rehearing, was filed on September 25.
The Attorney General’s argument in response was that the MTCIA did not make its argument in support of “middle tier” analysis sufficiently clear enough in its pleadings and oral argument and effectively conceded that it did not apply at all. Our response was that we didn’t need to – the only issue before the Court was whether or not “strict scrutiny” applied and nothing more. It isn’t our job to anticipate every possible argument, but rather to deal with what is before the Court, and the Court should not have gone beyond what it was asked to do in the course of making the appeal. This issue is now up to the Supreme Court to decide.
If the decision is made before the Election on November 6, and it is unfavorable, the injunction will be modified. That means that well over 5,000 patients around the state will no longer have a provider. Patients left out in the cold will have to start growing marijuana in their homes or apartments, or find a new provider who is able to cultivate marijuana for them for free. Ironically, the legislature’s attempt to repeal the medical marijuana act by making it difficult for patients will likely create thousands of new marijuana grows as the patients who benefit from the use of cannabis will have to find new ways of obtaining it.
A far simpler solution is for the voters to overturn this terrible law. The legislature ignored the will of the people and overturned it without taking the matter back to the voters. Instead they created a system that makes it as hard as possible on our state’s most vulnerable citizens to comply with the state program – repeal in disguise. The current law is bad for patients and bad for Montana. Vote AGAINST SB423!
Lets not forget that patients who are renting will have to get the property owners permission before being able to grow, and then will have to spend close to $1000.00 to obtain the proper equipment needed for growing. This whole thing is ridiculous and so sad…………..I am confused though, how can we be voting against SB423? Isnt it to late for that now. Shouldnt we instead be voting in favor of IR 124??? Is my thinking here correct????
Voting for SB 423 repeals our old medical marijuana law and replaces it with SB 423. Voting against SB 423 repeals SB 423 and takes us back to the old law. We definitely want to vote against. Check out the ballot language. That may clear it up for you. http://sos.mt.gov/Elections/Archives/2010s/2012/Initiatives/IR-124.asp
Kimberly – IR-124 gives voters a chance to accept or reject the current medical marijuana law, SB423. We want voters to vote against SB-423. Another way of saying the same thing is to vote No on IR-124. It gets us back to I-148, which, even with its flaws, is better for patients. We will not really ever see the mythical days of the “wild wild west” return (if they were ever really as bad as some claimed) because the Montana Supreme Court has recently ruled on a lot of the provisions in I-148 that were cause for concern among our opponents.
Even though a ‘no’ vote will technically return the law to the original I-148 (aka the wild wild west), it should be noted that the legislature meets less than SIXTY DAYS LATER and will be hard at work to create new regulatory legislation, right away. So, even if it ever existed in the first place, the Wild, Wild West (WWW) will not ever have a chance to return.
SB423, in reality, did nothing to tame the WWW. Local court cases and the Federal intrusion are what stomped the marijuana program into the ground, SB423 had little or nothing to do with it, as it was never really fully implemented.
So, true, Rose, and let us hope that the Supreme Court will take that into consideration and stop this off and on. They do not even give DPHHS enough time to put the regulations in place. I have personally never witnessed anything so crazy! No one seems to make sense!
rose, if ir124 or sb423 wins in the november election, (by voting yes) the medical marijuana community will have no leverage in the upcoming legislative session. it is important to have this leverage in order to create a workable solution. it is true that the federal government has hurt the medical marijuana program, but it hasn’t stopped other states from progressing forward. i want trailblazers…. not sheep for leaders. we shouldn’t make laws based on fear. isn’t that what the federal government is doing ? either you stand up for your rights and beliefs, or you loose them. i voted for medical marijuana and sb423 in NO WAY represents that vote. i signed the petition to repeal sb423 and will vote NO on 124/423 in november regardless of what big brother wants.. passive people don’t make or change history
Well Said @ Steve! Everyone needs to get out and VOTE AGAINST IR-124/SB423 so the patients and doctors and DPHH can make a workable law for all. We’ve come too far to get lazy now. It’s an important time in the movement. Stay strong……and VOTE AGAINST IR-124/SB423. IT’S JUST THE RIGHT THING TO DO.