TIME FOR LEGISLATURE TO ADDRESS MEDICAL MARIJUANA

The upcoming Montana Legislature has a lot on its plate. The budget
will undoubtedly be the focus for many legislators as falling tax
revenue in a difficult economy means every belt needs tightening. One
area they should not overlook however is the increasingly problematic
issue of medical marijuana.

The medical marijuana act was passed back in 2004 by a voter
initiative with 62 percent of voters supporting it. Since that time,
the medical marijuana industry has grown substantially in Montana.
Caregivers grow marijuana for multiple patients and there are
travelling doctors to assist patients in acquiring their medical
marijuana card.

The law is simply too open to misuse. Nearly anyone can get a card
allowing them to purchase and consume marijuana. All one needs to do
is claim to be in constant pain and find a doctor willing to sign
their form. From there they pay a minimal fee of $25 and wait for the
state to process their application.

The law doesn't even provide age restrictions. A minor can obtain a
medical marijuana card with their parent's permission and a doctor's
recommendation.

Tighter regulation and a better definition of chronic pain could help
alleviate the gray areas in the law. This could cut down on the
number of people attaining cards that don't truly need medical marijuana.

There should also be tighter regulation on caregivers. The caregiver
industry is responsible for providing a quality product to their
patients. Unfortunately, current laws don't ensure the quality or
safety of medical marijuana products. Many dispensaries offer
marijuana in baked goods but those establishments are not subject to
inspection like other food production facilities.

At the very least, the Legislature should increase fees associated
with medical marijuana, either through increasing application fees or
imposing a sales tax on the product. A small sales tax would likely
have minimal impact on an industry bringing in cash hand over fist,
but it could increase state coffers substantially - something to
consider with the current budget shortfalls.