MEDICAL MARIJUANA MESS WARRANTS BIG CHANGES IN LAW

Montana's medical marijuana law needs an extensive makeover. It now
fails to provide the limited patient access to the drug that voters
supported six years ago.

"I would blow the whole thing up and start over," Yellowstone County
Attorney Dennis Paxinos said. "I don't think anyone has a problem with
cancer patients who can't eat to relieve pain and stimulate the
appetite, or people with glaucoma and eye pressure. But now young men
get medical marijuana for Hacky Sack injuries. If you don't start
over, you're just going to keep putting Band-Aids on it session after
session."

Paxinos said the medical marijuana law needs to be a legislative
effort, rather than an initiative law, because the details are critical.

Montana Attorney General Steve Bullock, who has been working on
medical marijuana issues with the Legislature's Children and Families
Interim Committee notes that 90 percent of medical marijuana card
holders are on the registry because of "chronic pain." Bullock said
the law was intended to help seriously ill individuals.

"We need to find that middle ground where that intent is preserved,"
he said. "Let's build a framework under the law so it meets the intent
of the voters," Bullock said.

Whether the law is repealed and a new one is written, as Paxinos
suggests, or the initiative law is heavily amended to provide a better
legal framework, as Bullock recommends, significant change is in order.

What's The Problem?

. 3,380 new card holders registered just last month, according to the
Montana Department of Public Health and Human Services.

. 5,881 people under age 30 have cards.

. 13,291 people have cards for no reason besides "chronic
pain."

. Only 521 people have cards for cancer, glaucoma or
HIV.

. About 50 medical marijuana businesses opened up in Billings
alone.

. 3,438 "caregivers" are growing/transporting marijuana in the
state.

. 786 convicts on probation or parole had medical marijuana cards as
of May, according to the Department of Corrections. That was over 9
percent of the probation/parole population -- five times the rate at
which the general population had obtained medical marijuana cards.

This out-of-control growth should spur the 2011 Legislature to
action.

In Billings, Paxinos expects his office soon will have to bring a case
to test the medical marijuana law against court orders for probation.
Offenders on probation and parole are required to abstain from alcohol
and illegal drugs. Violations of that order result in going to jail or
prison. However, nearly a tenth of all Montana's probation and parole
population has obtained medical marijuana cards, which they claim
legalizes their use of marijuana.

The Children and Families Committee has undertaken a lengthy study of
many issues, which continues at the Capitol on Aug. 12 with another
subcommittee meeting. The committee has requested recommendations from
the Montana Association of Counties and Montana League of Cities and
Towns.

Last month, Bullock furnished the committee with a summary of "major
challenges" the law now poses for Montana law enforcement. In the
document, Mike Batista, head of the Division of Criminal Justice,
included possible solutions, such as:

. Restricting medical marijuana to marijuana actually grown in the
state of Montana.

. Allowing only patients and caregivers, not caregivers' employees, to
transport medical marijuana.

. Amending the law so that nobody with any felony conviction could be
a caregiver or employed by a caregiver. Present law only excludes
people with felony drug convictions from being caregivers.

. Clarifying that only people with valid medical marijuana cards can
legally possess marijuana as patients, not people who later claim that
a doctor said marijuana would be helpful for their health.

To carry out the intent of voters, who overwhelmingly supported the
2004 initiative, lawmakers should amend that law so that it clearly
restricts medical marijuana to seriously ill individuals with certain
health problems. That's how the 2004 initiative was presented and the
reason why so many Montanans supported it. The law was not intended to
create or support medical marijuana businesses.

The law didn't anticipate that parolees would sign up for cards. The
law should forbid anyone with a felony conviction from getting a
medical marijuana card or serving as a caregiver. The law should
forbid anyone on parole or probation from holding a medical marijuana
card.

The law should be more restrictive on issuing medical marijuana cards
for "chronic pain."