Showing posts with label Medical Marijuana. Show all posts
Showing posts with label Medical Marijuana. Show all posts

Wednesday, March 30, 2011

Medical Marijuana reform in jeopardy

medmjAs I write this the Senate is debating the sole remaining medical marijuana reform bill, Senate Bill 423 by Sen. Jess Essmann, R-Billings.

Please indulge me as I prognosticate about the future of reform…

Due to a procedural snafu the Senate didn’t vote on the bill by Tuesday’s deadline because they didn’t have a fiscal note that outlined the estimated cost of the bill.

The fiscal note was delivered today, and now the Senate will have to suspend rules in order to pass the bill on to the House. Suspension of the rules requires an affirmative vote by a two-thirds majority. Democrats have the votes to block suspension of the rules, but I don’t think that will happen. More on that later…

Senate President Jim Peterson told the Senate GOP caucus this morning that even if they don’t have the votes to suspend the rules, the Senate can still move forward and pass the bill under normal procedures. However, if that happens the House would have to suspend its rules in order to accept the bill.

But I don’t think it’ll come to that. Sources close to the debate tell me that Gov. Brian Schweitzer wants a medical marijuana reform bill on his desk…even if Democrats aren’t comfortable with the restrictions and limitations contained in SB423.

My guess is that Senate Democrats will vote to suspend the rules pass the bill, possibly with some Democrat-friendly amendments. If it then passes in the House, I’m hearing Schweitzer will offer an amendatory veto easing some of the restrictions contained in the bill, particularly as it relates to the use of medical marijuana by chronic pain patients. That could make it more palatable to Democrats and medical marijuana patients while allowing the Legislature to save face on reform.

Reforming the law has been a priority of both parties, and Democrats don’t want to see repeal. If the Legislature passes some sort of reform, I think it’s less likely that voters repeal it at the ballot box. I think that’s part of the calculation Democrats are making as they decide whether to pass SB423.

Then again, if Democrats have the votes to block the bill, it could end up being a powerful bargaining chip for restoring funding for human services in the governor’s budget.

Just some thoughts to keep you guessing as the Legislature nears the end of debate on one of the most contentious issues of the session.

Tuesday, March 15, 2011

U.S. Attorney Cotter: “When criminal networks violate federal laws those involved will be prosecuted.”

U.S. Attorney Michael Cotter said federal agents executed 26 criminal search warrants and four civil seizure warrants in Montana.

According to a three page press release, the raids were “the culmination of an 18-month multi-agency investigation into the drug trafficking activities of criminal enterprises operating throughout the state of Montana.”

According to the U.S. Department of Justice, a total of 26 criminal search warrants were executed on Monday, March 14 at medical premises in Belgrade, Big Sky, Billings, Bozeman, Columbia Falls, Dillon, Great Falls, Helena, Kalispell, Miles City, Missoula, Olney, and Whitefish.

“Twenty-six search warrants were carried out yesterday where there is probable cause that the premises were involved in illegal and large-scale trafficking of marijuana,” Cotter said. “When criminal networks violate federal laws those involved will be prosecuted.”

More to come on The Lowdown and the Great Falls Tribune.

UPDATE: Click here for the complete text of Cotter’s press release:

http://www.greatfallstribune.com/assets/pdf/G1171771315.PDF

Monday, March 14, 2011

Feds raid at least 10 medical marijuana operations in six Montana cities

Editor’s Note: I’ll update this blog as developments surface including additional links, photos and videos. Send tips and information to mtlowdown@gmail.com.

2011-03-14_14-09-39_294Federal and local law enforcement officials raided medical marijuana operations in at least six Montana cities Monday.

According to the Oakland, Calif.-based pro-medical marijuana group Americans for Safe Access, at least 10 raids occurred across the state in Helena, Missoula, Belgrade, Columbia Falls, Bozeman and Billings.

According to a search and seizure warrant served at one of the raided facilities, officials were looking for evidence of illegal drug trafficking offenses in violation of federal law.

Under state law registered patients are allowed to use limited amounts of the drug for certain health conditions, and registered caregivers can grow up to six plants per registered patient.

Federal agents with the Bureau of Alcohol, Tobacco and Firearms, the Federal Bureau of Investigation and the Drug Enforcement Administration were seen clearing hundreds of marijuana plants out of Montana Cannabis' greenhouses Monday as local law enforcement officials stood by outside the building. Montana Cannabis, located just west of Helena, is one of the state's largest medical marijuana operations.

Medical pot raidSeveral employees were also detained for questioning.

According to Chris Williams, one of the owners of Montana Cannabis, one employee was arrested on an unrelated outstanding warrant but no other arrests were made.

According to Williams, agents were executing a warrant signed by U.S. Magistrate Judge Jeremiah C. Lynch of Missoula.

A copy of the warrant served at a different facility and also signed by Lynch states that the warrant was issued on Friday but that officials had until March 24 to execute the search. It is not clear if more raids are planned in the coming days or weeks.

warrantAccording to the warrant agents were authorized to seize everything from marijuana and hashish and Ziploc bags to cell phones, computers and medical marijuana patient lists.

"(Judge Lynch) authorized federal agents to come in and enforce federal law above state law," Williams said "This is a state issue not a federal issue. There shouldn't be federal agents on my ground when we've done everything we can to do this right."

Local officials in Lewis and Clark and Flathead Counties confirmed their agencies' involvement but directed media inquiries to the U.S. Attorney's office.

Victoria Francis, assistant U.S. Attorney for the District of Montana, declined to comment on the raids other than to say that the U.S. Attorney's office would be issuing a press release in the coming days. Officers at the scene also refused to comment.

Williams told reporters that agents showed up at the greenhouse west of Helena around 10 a.m. Monday without warning. Williams said armed agents burst into the business with guns drawn and ordered employees to get down on the ground. At least eight hand-cuffed people could be seen through the chain link fence that surrounds the facility. Several employees were released after questioning.

2011-03-14_14-09-29_579Federal agents donning paper masks, respirators, and what appeared to be oxygen masks attached to large yellow tanks, were seen through the large glass windows of the greenhouse pulling plants from their black plastic pots and removing them from the building.

Medical marijuana supporters were outraged at the timing and scope of Monday's raids as lawmakers at the state Capitol continue to debate the future of Montana's medical marijuana law.

Tom Daubert, one of the lead authors of the 2004 marijuana law and founder of the pro-medical marijuana group Patients and Families United, condemned Monday's raids, calling them "calculated and political on the part of the federal government."

"Montanans have now spent nearly a year defining problem areas and proposing solutions to our law," Daubert said. "We are now at the height of the process of evaluating those choices and decisions and making those choices and decisions. I think all Montanans, regardless of our agreement or disagreement on medical marijuana, should unite in condemning the federal government for intruding in this way at this critical decision-making moment."

Until November Daubert was a part owner of Montana Cannabis. Daubert said he no longer has a financial stake in any medical marijuana caregiver operations.

As the raids were underway, lawmakers on the Senate Judiciary Committee were in the process of voting on a measure to repeal the 2004 voter-approved Medical Marijuana Act. The panel failed to pass the measure on a 6-6 vote.

2011-03-14_14-25-18_621Barb Trego, a medical marijuana patent and the mother of one of the Montana Cannabis employees who was detained, arrived at the scene from the Capitol in tears. Trego said word that the raids were underway spread via text messages as she was sitting in the committee room listening to lawmakers debate the repeal measure.

Trego said she believed some of the senators who voted for repeal of the state's medical marijuana had advance notice of the raids.

"Those smug senators that voted against it were sitting there laughing because they knew all of this was going on," Trego said. "Even though the vote didn't go their way they were all smiling at us."

Here’s what the interior of Montana Cannabis’ greenhouse looked like in December 2009:

faldc5-5saq55eq22uao9149vo_layout

Here’s what it looked like an hour after federal agents went to work removing the plants:

2011-03-14_14-25-57_754

UPDATE: I’ve uploaded another video from today’s raid. Listen to patient Barb Trego’s take on the events of the day (sorry about the wind, not much I can do about that):

Wednesday, June 23, 2010

Patients sue over Great Falls' medical marijuana ban

(UPDATE: This post now contains new info, links and a copy of the complaint.)

Three medical marijuana patients are suing the City of Great Falls over the city’s recent ban on medical marijuana caregivers.

According to a lawsuit (which you can download here) filed Tuesday in Cascade County District Court, Great Falls medical marijuana patients Algy Thain, David Sears and Kraig Jackson say the city commission’s June 1 decision to ban any land use for the purposes of medical marijuana unlawfully prohibits them from growing their own medical marijuana and causes “substantial hardship” by making it difficult to obtain the drug.

Under the state’s medical marijuana law patients can grow up to six marijuana plants for personal use and name a caregiver who can grow an additional six plants for the patient.

The plaintiffs argue that that the City of Great Falls is “attempting to interfere with the ability of qualifying patients to receive their legal medication.” The lawsuit seeks an injunction prohibiting the city from enforcing the new ordinance banning medical marijuana within its borders.

“The main argument is that the local city government is a vassal of the state and has a duty to enforce state laws, not federal,” said Carl Jensen, the Great Falls attorney representing the three plaintiffs in the case. “The (city commission) has overreached its authority, inhibiting my clients’ access to their medication.”

The ban is set to go into effect July 1.

A group called Montanans for Responsible Legislation said Tuesday’s lawsuit is the “first of many” to be filed in the state.

“Our most ill, the very people this law intends to protect, can no longer wait for equitable treatment and justice,” Douglas Chyatte, of Montanans for Responsible Legislation, said Wednesday.

According to the complaint, Thain and Sears suffer from HIV and Jackson suffers from joint degeneration that inhibits his mobility.

Great Falls City Attorney James Santoro was out of the state Wednesday and could not be reached for comment. City Manager Greg Doyon, who said city officials had not yet been served with the lawsuit, declined to comment.

The Montana Medical Marijuana Act, which voters overwhelmingly passed through a 2004 ballot initiative, has become one of the hottest issues facing lawmakers as hundreds of new patients sign up each month. The state has seen a fivefold increase in new medical marijuana cardholders in the past year. The number of registered patients now exceeds 17,000.

As a result of the boom in medical marijuana card holders, municipalities across the state have instituted bans or moratoriums on medical marijuana caregiver shops. Lawmakers are considering ways to reform the law in the next legislative session. State Sen. Jim Shockley, R-Victor, has proposed an outright repeal of the law that allows chronically ill patients to use marijuana.

Groups on both sides of the issue agree that the current law is overly broad and needs to be modified, but Montanans for Responsible Legislation said patients should not be forced to forgo medical marijuana in the meantime.

“While it is not our intent to create an acrimonious or adversarial relationship with the elected officials of Great Falls, we realize many of our ill do not have the luxury of waiting for the wheels of the bureaucracy to churn slowly towards a solution,” Chyatte said.