MANY DRUG OFFENDERS ON PROBATION HAVE MEDICAL-MARIJUANA CARDS

Medical pot gets full airing with panel

HELENA -- From police to physicians to patients, a legislative panel
Tuesday got an earful on the problems -- or possible fixes -- that
face the state's medical-marijuana scene, which has seen an explosion
in the number of users.

Law-enforcement, school and city officials said the huge growth in
patients certified to use medical marijuana in Montana has exposed
numerous legal dilemmas, as they try to balance the state law
allowing its use against antidrug laws and efforts.

Lewis and Clark County prosecutor Mike Menahan of Helena said most of
the felony drug offenders on probation or parole in his county have
medical-marijuana cards, essentially allowing them to use drugs in
violation of the terms of their release.

"I see that as a terrible problem and a huge loophole in the law,"
said Menahan, who is also a legislator.

Even some of the strongest supporters of Montana's medical-marijuana
law said Tuesday it needs some changes to protect against its abuse.

Yet supporters also told the Children, Families, Health and Human
Services Interim Committee that people with a legitimate medical need
for marijuana need to be able to obtain the drug without fear of
being arrested or harassed by law enforcement.

"This law is about compassion, liberty, health and patient's rights,"
said Tom Daubert, director of Patients and Families United, a group
representing medical-marijuana users. "I think it's very important
that we make it work."

Montana voters enacted its medical-marijuana law in 2004 by passing
Initiative 148, with 62 percent in favor.

It allows people with a "debilitating medical condition," as
certified by a physician, to obtain a state registry card allowing
them to possess up to one ounce of marijuana for medical use.
Patients with a card can designate a "caregiver" who can legally
supply marijuana to one or more patients.

Since June 2009, the number of registered patients in Montana has
jumped from nearly 3,000 to more than 12,000. Businesses growing and
supplying medical marijuana have sprung up around the state, and some
have organized trav-eling "clinics" at which people can line up to
see physicians to become certified as patients.

Rep. Diane Sands, D-Missoula, who chairs the interim committee, said
Tuesday it wants to hear all sides of the issue so it can "bring some
order to the chaos at the moment" and recommend proposed changes to
be forwarded to the 2011 Legislature.

Marijuana growers and their representatives testified that the law
does create ambiguities on what's legal and what's not. But they said
medical marijuana has become a legitimate industry in the state, with
"secondary service providers," like chemists, bakers and couriers,
and that most of those involved are trying to follow the law.

"Take the time to come and look," said Rick Rosio of Montana Pain
Management in Missoula. "Our doors are open to you. Our growing
operations are open to you."

Daubert, however, said voters who passed I-148 didn't think they were
voting for "open smoking or public use of cannabis," traveling
clinics or large growing operations in residential
neighborhoods.

Sen. Jim Shockley, R-Victor, asked whether supporters would object to
registering marijuana-growing sites with the state, listing the
patients served by caregivers, requiring records of all marijuana
transactions or a list of physicians certifying patients.

Jim Gingery, executive director of the Montana Medical Growers
Association, indicated that most of those changes might be
acceptable, as long as the privacy of patients is preserved.

Powell County Attorney Lewis Smith suggested that the program be
regulated by the Department of Labor and Industry, by a professional
board appointed by the governor, so it could react more quickly to
problems rather than waiting for the Legislature to address things
every two years.

Much of Tuesday's testimony focused on how the law can create
conflicts with other laws or policies, such as those forbidding drug
use at schools.

Aaron Bouschor, an attorney with the Montana School Boards
Association, said questions are being raised about whether students
who have a medical-marijuana card can participate in extracurricular
activities, which forbid drug use by participants, or whether they
can use medical-marijuana products during the school day.

"We are still in the Wild West, figuring out just what the scope is
with medical marijuana," he said.

And some came to testify that the law needs to be tightened to
prevent its abuse by people who clearly don't need marijuana for
medical purposes and who are abusing an illegal drug.

Kay Parmiter of Missoula noted that many recently certified patients
are people between the age of 21 and 30, and she doubts they have
legitimate "debilitating conditions" that need medical marijuana. She
said her 22-year-old son is a "marijuana addict" who obtained a card
so he can legally obtain the drug.

"Close the loopholes for our youth," she said. "Stop people from
profiting from our youth."