OFFICIALS SEE FLAWS WITH MEDICAL MARIJUANA

According to the Montana Department of Public Health and Human
Services, in December 2008 there were 1,577 patient card holders for
medical marijuana. A year later in December 2009, 7,339. By June there
were 19,635, and as of Sept. 1, there were 23,187 card holders. It's
those numbers that make officials concerned about flaws in the Montana
Medical Marijuana Act that was passed in 2004.

During a Kiwanis meeting Thursday, local officials discussed the
problems they face with the law and some of the changes they'd like to
see.

Bob Burnison, Sidney assistant police chief, said like many voters, he
believed the law was geared toward those who have serious illnesses,
such as cancer, and who haven't found any relief with the pain. "They
were thinking about somebody who is very sick...and they just haven't
found anything," he said.

Burnison listed several issues law enforcement faces from such a vague
law and included some of the following:

* Doctors don't write prescriptions because of the federal government,
which still recognizes the drug as an illegal substance. Doctors
instead write a recommendation, and some are out of control, writing
100 in a day. "They're just writing them out," he said.

* The definition of "chronic pain" in the Montana law needs to be
defined clearly.

* When it comes to selling medical marijuana near schools, it's up to
individual cities' law enforcement to decide how to handle it, and it
can be different in every city or town.

* Law enforcement runs into problems outside of the hours of 8 a.m. to
5 p.m. Mondays through Fridays when checking medical marijuana cards
or caregiver cards. When officers need to verify persons without their
cards, they call the DPHHS, but they can only do it during business
hours. "We'd like to see something automated," he said, much like they
do when running drivers' license.

Specifically, Burnison said he'd like to see legislators get rid of
"gray areas" in the law. He'd also like to see the law require at
least two doctors' recommendation for the drug but is doubtful that
would happen. "I can tell you right now it will never fly," he said.

By Sept. 1, Richland County had 85 patients, 82 enrolled and 12
caregivers. Dawson County recorded 102 patients, 92 enrolled and 19
caregivers. The counties with the highest number of patients were
Missoula with 3,376, Gallatin at 3,106 and Flathead with 3,064.
Missoula County had the highest caregivers with 621.

Outspoken in his opinion of the law, Sen. Don Steinbeisser, R-Sidney,
said he'd like the bill to disappear "entirely." "I feel the
Legislature has to do something," he said. Fourteen other states have
their own medical marijuana laws, and some states' pot growing
industries are steadfastly becoming the largest. "We're becoming a
nation of pot smokers it looks like," he said.

Seventh Judicial District Court Judge Katherine Irigoin said the
medical marijuana act interferes with the Montana Clean Air Act when
it comes to public spaces. Caregivers, therefore, have resorted to
selling "baked goods or vaporizers." The law also says card holders
don't have to be Montana residents, only that they must be 18 (or have
a parent's consent if under) and have a qualified medical physician's
recommendation.

The law neglects to address if a patient must tell an employer before
submitting to a drug test or tell the landlord they are using medical
marijuana. Nor does it address possessing guns while having a card.

There are still more issues when it comes to schools. Superintendent
of Sidney Schools Daniel Farr says the Drug Free Zone Act prevents the
use of drugs on school grounds. Possession or distribution within
1,000 feet of the schools is also illegal, although those with
caregiver cards can be less than 1,000 feet.

Farr also said there are concerns with the phrase "under the
influence" - what it means and how to check. The drug, he said, does
the opposite of stimulants: it lessens focus and creates memory loss.
Students and employees of schools aren't required to notify school
authorities of their use of the drug, either, which is disconcerting
when teachers and students are in potentially dangerous situations
(like in shop or chemistry class). Farr also mentioned bus drivers
also don't have to notify the schools. "This is just an issue where we
are starting to see the tip of the iceberg," he said. "It's a negative
all around."

While Burnison said he'd like to see the Legislature "tax the hell"
out of medical marijuana, Irigoin said she'd like to see law makers
consider a "hybrid marijuana."

That would involve removing the drugs which make its users "high" and
only the medicinal part remains. She said lawmakers need to define
what medical marijuana is and its properties. It would take some
testing, Irigoin said. "But that would be a way to control it for its
intended purpose."