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.

Federal 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.

Several 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.

According 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.

Federal 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.

Barb 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:

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

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):

The Lowdown : News and notes from the Montana capital. http://www.mtlowdown.com http://www.greatfallstribune.com

GOP Rep’s “Cattle” comment draws ire of female lawmakers

Three female senators have demanded a public apology from Rep. Keith Regier, R-Kalispell, for comments he made comparing women to livestock and property during testimony on a bill that would criminalize offenses involving death to an unborn child.

Senate Majority Leader Carol Williams, Minority whip Kim Gillan, and Sen. Lynda Moss, all Democrats, sent a letter to Republican leaders Tuesday saying that Regier’s comments were “offensive, unacceptable, and embarrassing to our Legislature.”

Regier made the comments several times throughout the session in support of House Bill 167, saying that under Montana law the state recognizes the value of unfinished houses and pregnant cows, but does not recognize the value of unborn babies:

“Ranchers refer to cows as either preg-tested or open,” Regier told the House Judiciary Committee in January. “A preg-tested cow is a cow that has been tested by a veterinarian and confirmed to be pregnant. Open cows are not pregnant.  Preg-tested cows bring a higher value than open cows. Why? Because the the calf the cow is carrying has a value even though it isn’t complete yet.

“If unfinished buildings and unborn calves have value in Montana, shouldn’t unborn children have a value? Your support of HB167 will show support to all pregnant women in Montana.”

Regier made the same comments on the House floor in January and  again in the Senate Judiciary Committee on Tuesday.

The three Democratic female lawmakers said the comments “disrespect the hard work of our female legislators and constituents,” and they asked Senate President Jim Peterson and House Speaker Mike Milburn to censure Regier under joint House and Senate rules.

“We do not place price tags on women in the same way that we do on cattle—and a woman’s worth is not valued based on whether or not she is pregnant,” the female lawmakers wrote.  “Today is the 100th Annual International Women’s Day. Women in Montana make up a majority of our constituents and play an important role in our state. Representatives Regier’s remarks have gone too far.”

The letter also requests that GOP leaders direct Regier to “apologize to the Senate, House, and the women of Montana.

“Representative Regier’s analogy was offensive, an insult to all female legislators, to all women in Montana, and to the decorum of our body,” they wrote.

UPDATE: Chris Shipp, spokesman for the House Republicans, issued the following statement in an e-mail late Tuesday:

“Unfortunately Senate Democrats are more concerned with slinging mud and misrepresenting the statements of fellow legislators. Republicans remain focused on creating opportunities for more jobs in Montana and passing common-sense legislation such as HB 167. This leaves us little time to get in a war of words.
Next thing you know, Senate Democrats are going to issue a statement condemning our state's greatest female legislator, Republican Jeanette Rankin, for saying ‘Women remind me of the cows on our ranch in Montana. A cow has a calf and after a while a man comes along and takes the calf away.’”

Tea party’s armed “Constitution Rally” a flop

The March 4 “bring your guns to the capitol” rally was more or less a bust. A good number of the tea party Republicans in the House and Senate spoke to just a handful of armed demonstrators. Most of the people in attendance at the rally were members of the media and curious onlookers. As far as actual demonstrators go, I counted 17 including two children.

The rest of the attendees were board members of the Lewis and Clark Conservative Tea Party and  Tim Ravndal’s core supporters, many of whom defected from the Big Sky Tea Party Association after Ravndal was ousted from that group last summer for making offensive comments about gays on Facebook.

Advance apologies for the poor cinematography.

RAW VIDEO: Schweitzer meets with GOP leaders

Gov. Brian Schweitzer met with House Speaker Mike Milburn, R-Cascade, and Senate President Jim Peterson, R-Buffalo, Thursday morning.

The three men discussed the state budget and revenue estimates, eminent domain and workers’ compensation reform. I’ve posted video of the entire meeting below. A scanned version of the chart referenced at the 6:45 mark is posted below the video.

Be sure to check out the Great Falls Tribune for a report on the meeting and other news.

March social calendar

Is here.

Frivolous use of the term “frivolous lawsuits”

According to an online legal dictionary, a frivolous lawsuit is defined as:

…one without any legal merit. In some cases, such an action might be brought in bad faith for the purpose of harassing the defendant. In such a case, the individual bringing the frivolous suit might be liable for damages for Malicious Prosecution.

USLegal.com defines a frivolous claim as:

… lawsuit or motion in a lawsuit motivated by an intent merely to harass, delay or embarrass the opposition. In order to be found frivolous, the claim must have no arguable basis in law or fact.

I’m no legal scholar, but my attorney friends tell me that frivolous lawsuits are serious business. Judges don’t take kindly to people wasting courtroom resources, time and money on lawsuits that have no merit. In fact, people who bring frivolous lawsuits can be heavily sanctioned under state and federal laws.

At the Legislature, supporters of weakening the state’s environmental laws have been throwing the term “frivolous lawsuit” around like candy in a homecoming parade as they push a bevvy of bills aimed at increasing development of Montana’s extractive industries.

According to their reasoning, Montana’s economy is struggling and unemployment rates are high not because of Wall Street’s high-risk mortgage schemes that sparked the worst economic decline since the Great Depression, but because of “frivolous lawsuits” brought by “environmental extremists.”

Take, for example, today’s GOP blast from party director Bowen Greenwood about “jobs bills.” According to Greenwood, House Bill 533 by Tom Berry, R-Roundup, would  (emphasis mine):

…create jobs in Montana by allowing a coal lease to be extended if the project has to content (sic) with an environmental lawsuit. Our natural resource industries are hampered by frivolous lawsuits from environmental extremists.

Or this blog post on the GOP’s “Rotunda Report” by Jon Bennion,  government relations director for the Montana Chamber of Commerce:

In response to the overwhelming support for increased responsible resource development, the Senate has acted on two bills that will create jobs and add more revenue in the future for schools. SB 233 (Keane – Butte) and SB 317 (Vincent – Libby) attempt to remove the ability of obstructionist environmentalists from filing frivolous lawsuits to block responsible development.

The thing is, Montana law already forbids frivolous lawsuits. So does federal law.

My point is that just because somebody doesn’t a like the outcome of lawsuit doesn’t make it “frivolous” in the legal sense of the word. 

Accusing “environmental obstructionists” of filing “frivolous lawsuits,”  is essentially accusing them of breaking the law.

That’s not to say frivolous lawsuits don’t happen in Montana. In 2002 a Hot Springs man named Jack Ass (that’s not a joke), sued Viacom, MTV’s parent company, for defamation of character. Don’t believe me? Check it out. Seems Mr. Ass was displeased with the hit MTV show featuring Johnny Knoxville and the gang performing bone-splintering stunts and gross-out gags.

I would be curious to see a list of environmentalists’ lawsuits that judges found to be frivolous. My guess is it’s a pretty short list.

If there are any attorneys out there I’d welcome your thoughts on this subject in the comments section.