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Senate Judiciary Ok's Therapeutic Marijuana Act

By Kacey Drescher

The “Montana Therapeutic Marijuana Act,” drafted at the last minute by a Senate-subcommittee, comes forward as an attempt to reduce the number of medical marijuana card-holders from almost 30,000 down to under 2,000 and strictly regulate the industry. That nearly 50 page bill had its first hearing in the Senate Judiciary Committee Friday morning.

“Pretty sure we’re going to be guaranteed that not every body’s going to be happy,” says Senate Bill 423 Sponsor Senator Jeff Essmann (R – Senate District 28.)

Whether it’s called therapeutic or medical, the controversy surrounding marijuana continues… “Government is not responsible for providing the people with pot,” says a mother from Billings in opposition.

Despite the House’s push for repeal, Senate Bill 423 is the Senate’s last-ditch effort to overhaul Montana’s medical marijuana law. “We must resolve this in order to deal with the public safety issue that’s been raised, it’s evident we know it. This bill is our best attempt to offer,” adds Senator Essmann.

Senator Essmann’s proposal even has supporters saying, “this bill is horribly flawed,” says proponent Tom Daubert with Patients and Families United. Daubert has been a key advocate for medical marijuana throughout the Legislative process and helped the Interim Committee on Health and Human Services while they drafted their own proposal.

The bill that goes to great lengths to limit the number of patients, shuts down all storefronts, growers and manufacturers on July 1st of this year.

“We believe this bill goes a long way to, in getting, probably reducing the number of cardholders from 30,000 significantly down,” says proponent Jon Bennion, Montana Chamber of Commerce Government Relations Director.

“Everything, there’s nothing left, there’s not a seed, there’s nothing. Where does the first seed come from to begin growing again? We know that the seed was given by God in the first place but I don’t know how to call him down to have him drop one in my backyard so I can start growing,” says opponent Executive Director for Montana Medical Growers Association, Jim Gingery.

Growing operations would not be allowed to make a profit. “Get the money out really is get the patients out,” says another opponent.
While supporters say any attempt at regulation is a good first step, the Public Service Commission, appointed as the state licensing authority in the bill, rose in opposition. “The commission has a full plate of utility regulatory issues with numerous important cases either before us now or expected in the near future. Adding the role of state licensing authority as contemplated in this bill would distract the agency from its core mission,” says Bill Gallagher, PSC Chairman.

But not distracted from its purpose is Senate Bill 423, which is to repeal and cleanse the current system and then strictly regulate a new one which would begin on October first. “I am confident that we’ll arrive at a solution because we must arrive at a solution,” adds Essmann.

While other measures proposed to tackle the issue have been tabled or stuck in committee Senate Bill 423 seems to be the leading reform bill left before lawmakers. The Senate Judiciary Committee gave the green light to Senate Bill 423 late Friday afternoon with a vote of ten to two, the measure will hit the Senate floor on Monday.



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Bob Petersen said on Tuesday, Mar 29 at 1:18 PM

I was just thinking-we should require a Breathalyzer before Legislators are allowed to cast their votes: Then we could tell whether they were drunk on power and profit or Jack and Koch. Ha Ha. I made a pun!

Anonymous said on Sunday, Mar 27 at 6:13 PM

How can Montanans stand in support of a state govt. that does not listen to the majority vote of the people? Me and all 100 or so of my friends were too young to vote back in 2004 for MMJ. We will ALL be voting in 2012 NOT to repeal, that is if it is on the ballot. Go Saints!

Anonymous said on Sunday, Mar 27 at 5:56 PM

Govt. and big pharma run hand and hand. Anyone see how many CVS and walgreens there are in helena now? If people startmedicating themselves, govt and big pharma both lose. Do not repeal this bill.

Anonymous said on Sunday, Mar 27 at 7:59 AM

This is a poorly drafted and proposed bill. I hope the Gov does not sign this into law. These businesses have brought much needed revenue and medical help to our state. It is just pandoring. The people who say it keeps pot out of the hands of kids are just dumb. If they want it they will get it always have always will. What about the bars that sell to underage people should we close them down and have the PSC deliver booze??I am always amazed how the few rule the many. I have said before many times I am grateful to the caregivers who made my dads last months more bearable. Come senate do not passs this bogus and bad written bill let's fix it without taking away jobs and medicine.

cardholder said on Sunday, Mar 27 at 12:16 AM

I hate the pills... this m.m. works for me. My wife is my caregiver, together we have 12 plants in our home..no children in the home.. i am the only one in the household using m.m. i need this.. from the back pain,to the nausea from my ulcers, and NOW EVEN MORE ANXIETY. i cant afford to buy other peoples m.m. and i prefer to grow.my own. im hearing stories of 2 or more doctors needing to be seen... well just one doctor visit about broke me ..so im screwed there. now also keep in mind ..in my situation .i make no money off m.m..... this is my medicine... i dont sell it.:...what do i do if this passes.. what about us small home growers that have no money for the extra doc bills. all i did was find a medication , that works for me, and i can grow it cheaply... this will be a major step backwards for alot of montana's health

Confused&Fearful said on Saturday, Mar 26 at 12:18 PM

Not one comment was in favor of this bill. And can you imagine if we heard everyone's voice. The CPA's, the Dr's, the lawyers, the people who must walk carefully for fear of social backlash. Imagine what the numbers would be like then. I am one of those. I am a Financial Professoinal who must keep my mouth shut in public for fear of losing all my clients and business. This is ridiculous. Is this not America?

Anonymous said on Saturday, Mar 26 at 10:21 AM

I just want to know, if they take the profits away from providers, are they going to make it illegal for Big Pharma to make profits...?

ananymous said on Saturday, Mar 26 at 10:07 AM

This problem is just going to continue, they made it much worse, sales will be driven back into the black market, crime will increase, and the lies will continue. This problem will never end untill the people we put in charge wake up and realize this is an amazing plant with countless beneficial properties. These fools still don't realize that while the innocent sits in jail, the criminal still roams free. Big pharma and Cartels will always be a problem untill this drug is sanctioned, correctly defined in the public eye and protected.

Anonymous said on Saturday, Mar 26 at 9:37 AM

this is bad in all of these posts i have not seen one in support of what they are doing where is this so called support that they have been receiving where are the e-mail lists i don't think that they there are any all i see is opposition to what they are doing even the people that supported reform of the bill are saying that this is a bunch of bull

Anonymous said on Saturday, Mar 26 at 8:34 AM

this bill is stupped you cant grow a 12 inch plant and get any thing off it this bill is good for you narrow minded people like jeff essman and our senaters the youth are going to get this MEDICAL MARIJUANA thats what it is weather you like it or not.you are going to push us back to the black market and there is no reason to get nwe cards under this billit wont work for us . so you tell my kids you cant talk to grandma any more because she will be on pill and can talk because she cant control the pills that will kill her soon.

Anonymous said on Saturday, Mar 26 at 8:30 AM

This is wrong and not what the people want we want reform not repeal. With this biil it all ends in july it will take them how long to get set up starting in Oct. from july to Oct. we must be on our own and buy underground again.This will cost the patients to much money and take to long to put into place.

Dennis Preston said on Saturday, Mar 26 at 8:14 AM

So let me get this straight, instead of keeping $ in state, we either give $ to drug co back east, or $ to MMJ growers in CA? Or move to CA for non-addictive, low side effect medication?

anonymous said on Saturday, Mar 26 at 7:54 AM

marijuana will always be medicine, regardless of legal status, and will be used as such by people who's medical need trumps state and federal laws. it should be a constitutional right to be able to seek medicine that can make you feel better. basically the government wants to take away the right to be able to treat yourself of any illness. they want you to waste your money on crappy human made medicines with all the side effects, to replace GOD-GIVEN marijuana. stand up for your rights!

Anonymous said on Saturday, Mar 26 at 2:22 AM

"This bill is our best attempt to offer,” adds Senator Essmann. How is this the best attempt you have? I mean really? Therapeutic??? So... how much do you think my medicine will cost, with this 'non profit' organization, the licensed delivery and letting the police know when I order my meds... How much is this going to cost me? You ignorant sorry soul.

nobody said on Friday, Mar 25 at 11:21 PM

This bill is a joke for a number of reason. First off you are doing the same things the federal government did with the stamp act against medical marijuana. In other words you are trying to railroad my vote and over 65% because of somebodies else ideology that is less than 30% is wrong. You are saying this is what the people want but The way the medical marijuana act was written the way it was to give the power back to the people not government the drug companies or law enforcement or some bodies religion. Some thing that is this important should not be repealed or replaced. By taking 26000 Montana's and tell them that that can no have medical marijuana is morally wrong. You table a sex abuse bill which would have been more productive than trying to steal the peoples vote. The Jesuits or Catholic church had its third largest court settlement 600 million, 198 million and today 166 million. Where are the laws to expose the sexual and physical abuse by the church. Protect my granddaught

Anonymous said on Friday, Mar 25 at 10:43 PM

WOW! What a stupid idea. Now the state will have about 28000 less users that they can easily inspect. Now they can spend tax payer money fighting these re-criminals that they have all of the info on. Does anyone know where the medecine these 28000 use will come from

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