BILLS LOOK TO REFORM MEDICAL MARIJUANA IN MONTANA

HELENA - With the Legislature nearing its halfway point, three
different approaches to addressing Montana's booming medical marijuana
are in play, but it's unclear which will ultimately pass.

One would repeal the medical marijuana law altogether on July
1.

Another would to tighten the law to such an extent that only a
fraction of the current 28,300 cardholders could qualify for medical
pot in the future. This also would put many caregivers and legal
marijuana growers out of business.

The third approach is to acknowledge that the medical marijuana
industry exists in Montana, crack down on some past abuses and
establish for the first time a comprehensive licensing and regulatory
system for the industry.

No one is certain yet which, if any, approach can make it through both
the legislative houses and get Gov. Brian Schweitzer's signature.
Schweitzer isn't taking any position until the bills reach his desk.

The repeal approach received a significant boost last week. The House
voted 63-37 for House Bill 61 by House Speaker Mike Milburn,
R-Cascade, to repeal the law. It went to the House Appropriations
Committee and is expected to return on the House floor for final
approval, possibly this week. It will then go to the Senate, where the
prospects are uncertain.

Milburn said he's encouraged his bill is "gaining momentum every day"
from lawmakers from both sides.

But Rep. Diane Sands, D-Missoula, who led the opposition to Milburn's
bill, said there's a real possibility the Senate will reject the
repeal bill because they don't want to override the will of the 62
percent of the voters who supported legalization of medical marijuana
in 2004.

The second approach is to really clamp down on who's eligible for
medical marijuana cards, thus also choking off the numbers of
caregivers and growers. Backers believe this would return the law to
what people in their districts thought they were voting for in 2004 -
a limited means to help only terminally and very seriously ill people.

One bill is HB429, by Rep. Tom Berry, R-Roundup, which he hopes would
restrict the number of medical marijuana cardholders to a several
hundred patients statewide. He would require physicians to validate
they have used other sources of pain medicine on these patients
without success, and district judges to issue affidavits. These
patients could grow their own medical marijuana or have caregivers
grow it for them. But caregivers couldn't grow medical pot for more
than one patient unless they're raising it for patients who are relatives.

HB429 is expected to be voted on by the House Judiciary Committee
Wednesday. House Republicans regard it as a backup in case Milburn's
repeal.

SB170, by Sen. Jeff Essmann, R-Billings, awaits a vote in the Senate
Judiciary Committee. It would tighten restrictions on those obtaining
medical marijuana cards for severe and chronic pain by requiring a
three-physician team to endorse the original doctor's recommendation.
Patients claiming extreme and chronic pain now account for more than
74 percent of all cardholders or 21,000 patients.

Finally, there are the bills that acknowledge medical marijuana is a
business or industry in Montana and would erect the regulatory and
licensing sideboards that are now lacking. Supporters say this is a
realistic and necessary approach, while opponents say it
institutionalizes medical marijuana, like gambling, and makes it hard
to get rid of.

Sands' HB68, the product of an interim legislative committee, is
expected to have a vote this week in House Human Services Committee.
It proposes a comprehensive licensing and regulatory system that is
supported by law enforcement, local governments and some in the
medical marijuana industry.

Sen. Dave Lewis, R-Helena, has SB154, which originally was a measure
to regulate the industry and levy a 10 percent tax on growers. After
funding regulatory costs, Lewis' bill would have split the
considerable proceeds between local governments and programs for the
elderly.

However, his bill underwent a strange metamorphosis at a hearing
Friday. Lewis let the state medical marijuana growers' association
completely rewrite his bill to insert its own recommendations, along
with portions of Lewis' and Sands' original bills in what was called
"a gray bill." It dropped the tax, leaving considerably less money for
seniors and local governments.

Lewis told the Senate Judiciary Committee, "My guess was that the
committee would be struggling with trying to merge from the interim
committee, and I wanted to make this available."

Lewis' surprise move split the various elements of the medical
marijuana industry and left legislators perplexed.

"I'm totally opposed to Lewis' bill as rewritten," Milburn
said.

"With 63 in the House voting for a total repeal, I think it's very
unlikely that a bill like the gray bill that was presented that
institutionalizes the business model is going to have any prospect of
passing there," Essmann said.

So what happens if there's an impasse and no bills can pass both
chambers and be signed by Schweitzer?

Milburn said it's possible that a subcommittee or special committee
will be formed to work on the issue. Another possibility is that a
conference committee will have iron out House and Senate
differences.

Another possibility, he said, is HB175, by Rep. Keith Regier,
R-Kalispell, which would submit a repeal of the medical marijuana law
to voters in November 2012.

And there is the Billings group, Safe Communities, Safe Kids, whose
leader has vowed its members will put a repeal measure on the ballot
in 2012 if they don't like what the Legislature does. The same group
collected more than 19,000 signatures for a 2010 repeal initiative in
a week last year, but fell 5,000 names short.

What, if anything, will happen with medical marijuana this session is
hazy at this point.