CLOSE MEDICAL MARIJUANA LOOPHOLES

Yet another astounding loophole in the Montana Medical Marijuana Act
was uncovered last week: it turns out you don't even have to live in
Montana to get a "green card."

The state Public Health and Human Services Department had planned on
implementing a new requirement for medical marijuana card applicants
that they show a state driver's license or official identification
proving that their permanent residence is in Montana. Unfortunately,
it turns out that the state law making medical marijuana legal in
Montana has no provision requiring residency, meaning the department
most likely has no legal standing to enforce such a
requirement.

We have said this before, but it bears repeating that this legislation
is fraught with loopholes that need to be closed - and the sooner, the
better. Add to the growing list of needed fixes a requirement that
patients should be residents of Montana in order to obtain a medical
marijuana card from the state of Montana.

Who would have thought that such a requirement would even be
necessary? Back when the legislation was approved by voters in 2004,
we pictured a relatively small number of people with debilitating or
terminal illness applying for the legal right to use marijuana to ease
their suffering. Quietly. Privately.

What we have instead is plenty of evidence that a lot of perfectly
healthy people just want to smoke dope - often in public places, no
less. It is increasingly obvious that these folks are using the
Medical Marijuana Act in a way it was never intended to be used.

Since the Obama administration announced it would not pursue medical
marijuana cases in states that have legalized its use, the number of
registered patients with the state Public Health and Human Services
Department has ballooned to roughly 23,500 - with nearly 4,000 of them
signing on over the period of a single month.

Has an ever-growing number of our state's population suddenly been
afflicted with debilitating disease? Somehow we doubt it. It's far
more likely that people are simply taking advantage of an opportunity
to smoke pot and avoid prosecution.

This should both sadden and anger all Montanans, because this
willingness to exploit loopholes in the law is ruining it for the
truly ill. Not only are more legal restrictions needed, but increasing
demand for medical marijuana serves to drive up prices as well.

People who live outside Montana should not be eligible for a medical
marijuana card. Residents of Montana who do obtain their "green cards"
should not toke up at airports, neighborhood parks, courthouse lawns
or other public places.

And one of the first things the 2011 Legislature should do is amend
the Montana Medical Marijuana Act so that it can only be used by those
whom it was originally intended to help.