MEDICAL MARIJUANA FIX NEEDED

It's understandable why Montana Speaker of the House Mike Milburn is
pushing legislation that would repeal the state's medical marijuana
law.

The law has become an indisputable train wreck, and lawmakers in
Helena have been getting an earful recently on just how much of a mess
it is, which helps explain why Milburn's bill passed out of committee
on a 10-5 vote.

But that doesn't mean the law should be outright repealed. Remember,
61 percent of Montana voters supported it in 2004. That is a hefty
margin, and the will of the people should be respected when it comes
to the initiative.

But on the other hand, this would not be the first time that a law
needed to be amended or clarified -- whether originally passed by the
Legislature or by the people in a ballot initiative.

So it is entirely appropriate for legislators to heed the concerns of
voters back home. And one thing that is increasingly apparent is that
the way Montana's medical marijuana law has been implemented thus far
does not reflect the will of most voters.

The initiative, as advertised before the election, was intended to
allow people with serious medical problems to choose marijuana as a
means of relief. The campaign and the news coverage typically focused
on people with cancer or other severe health problems.

The campaign certainly didn't promise that there would be 24,000
medical marijuana users and nearly 5,000 licensed marijuana growers.
Voters didn't know they would have "dispensaries" set up in their
neighborhoods. They didn't know that medical pot would become a
bug-money business, with illegal exports from the state. They didn't
know most licensed marijuana users would be between 18 and 30 years
old, an age bracket not known for being plagued with health problems.
They didn't know the law would put employers and law enforcement in
difficult positions and they didn't know the law would become
completely unenforceable.

Voters wanted sick people to have marijuana as an option, and
genuinely sick people that use pot are still out there. They lined up
to testify last week in the Capitol about how marijuana has helped
them with ailments such as multiple sclerosis, paralysis and epilepsy,
and many told lawmakers how marijuana helped them avoid powerful
prescription medications.

Even though many legislators think medical marijuana is a lost cause,
the Legislature should do everything it can to tighten the law in a
fashion that reflects voter intent to help those with genuine medical
problems. And if that can't be done effectively, then outright repeal
of the law should be advanced as a referendum to the voters so they
have a chance to reject or approve the results of their initial decision.