Thank You Missoula, Butte, & Now We Wait on Injunction

Posted By on Jun 24, 2011 | 5 comments

Many thanks go out to those who organized the Missoula MTCIA fundraiser. Special thanks to Rose Habib for on-the-ground organizing, and to Terry Betschart and Gabe McMurray for their donation of silent auction items. We also received the anonymous donation of a grow tent for auction. (MTCIA board member Ed Docter did a pretty hilarious job in the role of auctioneer). Thank you out there, anonymous one. Belated thanks to Butte, too, who by all accounts put together a Butte-style, rock it out, jam of a fundraiser. (Thanks Silverbow Coalition, Jeremy Irons, Mile High Caregivers, Tanya Lafond, Terry Betschart, and Fist in Your Face for great music.)

Senator Ron Erickson also attended the Missoula fundraiser and addressed the group. Senator Erickson has been involved with the medical marijuana issue longer than most. Before I – 148 was an initiative, it was a bill presented to the Montana legislature (’03) carried by Erickson. When the legislature failed to pass it, it went on to become what we know of as I – 148. Erickson encouraged the group to move forward on all fronts: the lawsuit, the referendum, and supporting and electing better people who are going to support the will of Montana citizens.

And now we nail-bite and wait for Judge Reynolds’ opinion. If some provisions are enjoined and some are not, it’s hard to say what the net result will be, bad or good, workable or not, for patients and providers. Best outcome, the entire law is enjoined. Worst outcome, SB 423 goes into effect. But given all the unconstitutional provisions, which even the state concedes to, that seems unlikely.

Provisions the state has indicated they would accept being enjoined:

– advertising ban

– 25-recommendations trigger physician review

– unannounced searches

– ban on payment for service (after Judge Reynolds indicated he thought it was an issue)

But this still leaves us with onerous-to-impossible standards for patient certifications, three-patient limits for providers, and an array of other provisions that interfere with patient service.

It’s pretty messed up that indictments from the March 14th raids got served Wednesday night, right on the heels of a hearing where the outcome for us was looking positive. It’s sad that it was predictable. As we saw when the Senate Judiciary tabled the repeal bill and the March raids were launched, the feds have no problem using police action to pressure state decision-making and makers.

Gives one the willies.

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  1. Check out Lamar’s responses to “hippies” calling him and stating it is BS that he is trying to squash the Federal Legalization bill because he is the head of the Judiciary Committee….

    EVERYONE should be calling him and blowing up his email! It truly is BS this one person can interfere with the legitimate debate about cannabis.

    Lets Roll!

    CALL NOW!!


    Demand a public hearing and that he stop impeding progress towards realistic approach to cannabis – LEGALIZATION!

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  2. The severability clause of SB423 would allow the rest of the bill to become law, minus what the judge may rule as unconstitutional. However, there is a “stand alone” judicial concept that after all objectionable provisions of the bill are removed, it must be able to
    stand alone after the deductions. I don’t think SB423 could pass the mustard after all the “dumb” provisions are removed. There would be nothing left to enact into law.

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  3. After I read about the indictments, it struck me that MT has been singled out for this type of federal strong arm action. Why? I can only conclude that there is someone within the state pushing this agenda. The timing of the federal raids has repeatedly been too coincidental. I’d really like to find out who this person(s) is, and bring the story to light. What kind of representation do we have when it’s the citizens against the feds, aided by people elected by the citizens? I can hardly wait for the details to become public so we can give these traitors a bit of their own medicine. These are lives we’re talking about here. Property stolen and men facing prison. MT is being run by a police state and is at war with its citizens.

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  4. When election time rolls around again a clear message needs to be sent to the Republican party, especially Milburn, Essmann, etc. who have tried repeatedly to represent their own personal agendas in oposition to the voting public. We need representation in the state of Montana, not opression and domination. Represent the people and do their biding or get the hell out! Let’s all work together and take back our state from these self righteous, self serving “Rulers of our legislature.”

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  5. Our top state government are letting us down also. Starting with Schweitzer and Bullock. Schweitzer pretended to be our friend for awhile but not sure we need any friends like that. We must not forget when its time to go vote!

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