MEDICAL MARIJUANA BILLS STALL BUT NEW DIALOGUE OPENS

HELENA--Despite efforts by members of both parties to reform the
state's Medical Marijuana Act, the law passed by voters in 2004 will
remain unchanged.

Four bills this session aimed to either liberalize or add
restrictions to the law that allows registered patients to legally
use marijuana to treat the symptoms of chronic pain and certain
illnesses. A fifth bill would have reduced the penalty for simple
marijuana possession from a misdemeanor to a civil infraction.

All of the bills stalled in committee.

Tom Daubert of Patients and Families United--the group spearheading
the pro-medical marijuana bills--said even though the group
experienced some legislative setbacks, the medical marijuana
movement made gains this session.

"I think that our effectiveness and persistence at the session will
open doors with the law enforcement community that we have tried in
the past to open without success," Daubert said.

Under the existing law, a registered patient may grow and possess up
to six marijuana plants and one usable ounce of marijuana.

Senate Bill 326, sponsored by Sen. Ron Erikson of Missoula, was the
most ambitious of the pro-medical marijuana efforts. The bill would
have increased the amount of marijuana that patients could possess
from one ounce to three ounces, and would have added to the list of
chronic or debilitating medical ailments the drug could be used to treat.

Supporters of the measure said the bill was necessary to give
patients access to a reasonable amount of the drug they need.

To the surprise of many observers, the measure cleared a
Republican-controlled Senate but then died in the evenly divided
House Judiciary Committee on a party-line vote with opponents saying
they were concerned that licensed growers would sell the drug to
recreational users.

"I would say we are deeply disappointed to have come so close to
improving the law so that it can truly work for patients as voters
had intended, but we're really proud of how much statewide
involvement we generated for patients and their supporters all
over," Daubert said. "I think all legislators know a whole lot
more than they did before."

Craig Campbell of the Montana Narcotics Officers Association opposed
changes to the existing law. Campbell said that while law
enforcement community has accepted the fact that voters in Montana
have approved the use of medical marijuana for certain patients,
they are wary of expanding the law without more "unbiased empirical
data" on its medical uses.

"Since the Montana voters said it should be allowed to be used with
a medicinal card, then we will certainly allow that. We just didn't
want the amount to be upped and have people try to subvert the law
even more," Campbell said.

Campbell said that most marijuana patients are probably staying
within the limits of the law approved by voters, but others are
abusing it. He said documented cases of registered patients or
caregivers growing more marijuana than the law allows have put many
law enforcement officials on edge.

"To me, that seems like there's some arrogance involved in growing
more than what they were supposed to, or using the medicinal
caregiver or patient designation as a guise in order to grow
marijuana," Campbell said. '"I don't want to say that everyone does that."

Daubert and Campbell agree that this session was unprecedented in
the way it brought patients and law enforcement together discuss the
merits of medical marijuana.

"I got to meet a lot of nice people that I think are probably doing
it right," Campbell said. "There was some education. I think
whenever two parties come together and have open dialogue, I just
think that there's going to be more empathy and there's going to be
a lot more learning on the side as opposed to just going into it blindly."

Campbell said he's willing to continue to talk with Patients and
Families United during the interim.

Daubert said most patients are gratified that they came so close to
improving the law, but he said others are "disgusted" by the
"continuing ignorance" of those opposed to medical marijuana.

"I would say there's a rising sentiments among patients that it's
probably as important to change all marijuana policy as it is to
perfect the medical marijuana policy," Daubert said. "One of the
biggest obstacles patients face is social prohibition -- not just
ignorance about the medicinal realities."

Daubert said medical marijuana advocates are already putting what
they learned this session to use as they prepare for 2011.

"I think it's fair to predict that we'll be back in the next
session, proposing some of the same stuff as well as some new
ideas," Daubert said.