In Montana, where the state legislature all but repealed the state’s medical marijuana laws this spring, the court battle has begun –as has the battle for public opinion . The Montana Cannabis Industry Association filed suit to block implementation of the law. Now, the state has responded with court filings of its own.
“„The attorney general’s office said the new provisions are intended to be faithful to the original intent of the ballot measure, “while correcting and reining in the unintended and undesirable abuses and problems that have undeniably occurred.”
“„At issue is Senate Bill 423, a heavily debated bill passed by the 2011 Legislature and allowed to become law without Gov. Brian Schweitzer’s signature. It repealed the 2004 referendum and imposed more restrictions on a medical marijuana industry that a majority of legislators believed has reeled out of control. The law also made it harder for patients claiming “severe chronic pain” to qualify for a medical pot card.
“„The law will ban major medical marijuana growing operationsand replace them with a “grow-your-own” system or let a provider grow for up to three patients, but for no charge.
“„Montana now has than 30,000 medical marijuana cardholders, up from 4,000 in September 2009. Thirty percent of them fall within the 18-30 age group. More than 80 percent of cardholders got their cards after claiming “chronic pain” or “severe or chronic pain or muscle spasms,” classifications that some legislators considered to be the major loopholes.
“„The lawsuit filed by the Montana Cannabis Association and others said the new law violates their constitutional rights to equal protection, privacy, dignity, freedom of speech and due process. It also mentioned their right to pursue life’s basic necessities, including personal health, and their right against unreasonable searches and seizures.
“„In response, the attorney general’s office said the law follows the intent of the 2004 initiative, which carved “a narrow exception from criminal sanctions for the controlled purpose and use for medical purposes.”
“„The initiative was never intended to create a commercial growing system, but envisioned a “grow-your-own system” to allow people to have their own “personal supply,” the attorney general’s office said, quoting from the 2004 Voter Information Pamphlet.
“„The temporary regulations involve added complexity for patients and marijuana providers to be a registered member of the state’s new pot industry.
“„Growers can only provide marijuana for up to three patients under the new rules, they could previously provide for an unlimited number.
“„Also, growers can now only register to be a provider if a patient has already applied to the department with an application that names the grower.
“„Once the department accepts that application, the grower is sent an application packet. If the grower’s application is accepted, the patient is given a new marijuana card naming their provider.
“„Patients will have new complexities to navigate as well. They have to choose between three different physician forms in their application for a marijuana card: chronic pain, a debilitating condition or a separate form for minors.
“„Critics of the previous system said chronic pain was a vague condition abused by cardholders who didn’t need the drug. Now, an applicant who claims chronic pain must provide either physical proof, like an X-ray, or a second doctor’s confirmation of the diagnosis.