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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  1. I wrecked my bike on 08-30-2008 with no helmet on & got mass brain damage because of. Forget all the broken bones it gave me or the ribs in both lungs. Or me dying 3 times in life flight getting me to hospital from oxygen deprevation. It’s the brain damage that took my memories away! Through cannabis eating it has let the cannabinoids in it combine with mine to connect rout until new are made. That is why I say that stroke victoms should be eating canni-pills as soon as can swallow !

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  2. I see in the new provider form under “In signing this form, I attest” section i. “I will not accept anything of value, including money, for any services or products provided to a registered card holder…..” I was under the impression the judjement let us continue to accept payment. Before returning this form should one put a line through that section?

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  3. makes sense to cross it out (though this isn’t legal advice)
    you are correct that payment is allowable.

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  4. Kate,
    Thanks, I see they already deleted it on their site.

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  5. Are you kidding me? Patients have to pay another $50 to re-sign with the same caregiver that they already had? Thats just ridiculous.

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  6. It only cost the new provider. There is no charge to name or change a provider in the new paperwork. They were awesome at Dphhs in Helena with plenty of stoked folks getting legit. If nothing else I do have a new sense of belief in our state. Keep up the great work mtcia! Enjoy your 4th everyone.

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  7. Is it a fact if you are a patient and choose a provider you may not grow your own?

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  8. Question:

    When the law (SB 423) is halted after the signatures are gathered, do we go back to the old law? And if that is the case I-148 is what will preside over the current cannabis patients, correct? If this occurs will patients be able to resume their former relationship with their named caregivers prior to SB 423 taking affect? Am I making sense? Help?

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  9. DPHHS is super helpful, they are on our side. I felt really pleased when I left there today. Don’t forget to thank them for their help! Remember they are not the bad guys!

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  10. James, if u choose a provider, u cannot grow. John, if we go back… We go back. Keep after it you all!

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