PANEL MAKES PROGRESS TO FIX MEDICAL MARIJUANA LAW

We're encouraged by last week's legislative action moving the process
forward to tighten Montana's medical marijuana regulations.

Granted, this is just a little step in what will be a long legislative
effort that could bring more restrictions to the state's medical marijuana
program that voters placed into law in 2004.

The Children, Families, Health and Human Services Interim Committee voted
7-1 Tuesday to have a bill drafted and prepared for introduction before the
2011 Legislature convenes in January.

All this is in response to the unexpected growth of medical marijuana users
and businesses. A year ago, the state had fewer than 4,000 marijuana
patients. Now, almost 23,000 people have a medical marijuana card.

Reports of abuses and questionable practices surround this industry, which
continues to give us pause. An Aug. 22 Gazette story recounted our
reporter's eight-minute, six-question interview with a doctor over the
Internet that yielded approval for a medical marijuana card. A Friday story
described the wrongful-discharge lawsuit that three former employees of a
Missoula medical marijuana business have filed accusing their boss of
ordering the falsification of hundreds of cards.

The proposed bill supported by the committee outlines these provisions:

- - Medical marijuana patients would have to be Montana residents. Current
law contains no such requirement.

- - Physicians certifying patients for marijuana use must meet a detailed
"standard of care" that includes a physical examination, maintaining of
patient records and monitoring response to the treatment.

- - Patients seeking a medical marijuana card to treat "chronic pain" must
get a recommendation from at least two physicians, not one. Nearly 70
percent of cardholders obtained a card after being diagnosed with chronic pain.

- - Medical marijuana "caregivers," who now can have an unlimited number of
patients for whom they provide and grow marijuana, would be limited to five
patients and reclassified as "providers."

- - New categories of marijuana "dispensaries" and "growers" would be
created, must be licensed by the state and could grow marijuana tied to
specific patients who sign up with a dispensary or provider. The businesses
would provide quarterly reports on their amount of customers and marijuana
grown and distributed.

- - Licensed providers, growers and dispensaries would have to undergo a
fingerprinting and background check by state officials. Convicted felons
could not get a license, and people on parole or probation with the
Department of Corrections could not get a medical marijuana card.

- - The Department of Revenue would handle licensing of growers, dispensaries
and providers.

- - Smoking medical marijuana in "plain view of or in a place open to the
general public" would be prohibited.

- - Counties and cities would be allowed to use zoning regulations to
restrict, but not prohibit, marijuana businesses.

We believe most Montanans support more controls on this wide-open industry.
The 2004 initiative received overwhelming support because voters believed
its intent was to help seriously ill individuals with certain health
problems. No one anticipated the explosion in the number of medical
marijuana cardholders and businesses to supply them.