MONTANA HOUSE VOTES TO REPEAL MEDICAL MARIJUANA LAW

HELENA - On a mostly party-line vote with Republicans in favor, the
Montana House voted 63-37 Thursday to repeal the voter-passed 2004 law
that legalized the use of marijuana for medical purposes, as GOP
lawmakers labeled it a "scourge" that is corrupting Montana.

"Today, we're not talking about medical marijuana," said House Speaker
Mike Milburn, the sponsor of House Bill 161. "We're talking about
marijuana. It has gotten so far out of hand. We're talking about a
totally uncontrolled epidemic by the drug trade industry. It's
starting to undermine the very fabric of our state that we so greatly
cherish."

After endorsing the repeal, the House sent the bill to the House
Appropriations Committee to examine the financial impacts of repealing
the law. HB161 then will return to the House for a final vote before
going to the Senate.

The final vote Thursday had 62 Republicans and one Democrat voting for
HB161, while 31 Democrats and six Republicans opposed it.

Milburn, from Cascade, quoted a narcotics officer who estimated that
medical marijuana is a $1 billion unregulated industry here, with
Montana now considered "a source country" for marijuana, along with
Mexico and Colombia, and other parts of South America.

He quoted a school principal who said children are "prostituting their
own selves to gain access to drugs."

"It's time to take back the state and its culture," the House speaker
said.

In 2004, 62 percent of Montana voters supported the ballot measure
legalizing the use of marijuana for medical purposes, while 38 percent
opposed it.

Rep. David Howard, R-Park City, a retired FBI agent, told of how the
drug industry had corrupted Chicago politics and could do the same
here if its huge profits are spent to elect a governor and attorney
general, he said.

Howard said he fears for children and the state of
Montana.

"They have no idea of the tsunami that's coming," he said. "There's
only one way to get rid of this scourge."

The number of people getting cards authorizing them to use medical
marijuana has skyrocketed the past year. As of last month, Montana now
has more than 28,300 people who have been authorized to use medical
marijuana, up from more than 7,300 in December 2009.

But opponents such as Rep. Diane Sands, D-Missoula, urged a vote
against the repeal bill. She said the Legislature has never repealed a
voter-passed ballot issue before.

"All of us who have been dealing with this issue the last couple of
years understand this is a very serious issue and it is in need of
legislative attention," she said. "I want to suggest there are more
appropriate options for dealing with the situation than repealing a
voter-passed initiative."

Sands pointed to HB68, which she is sponsoring on behalf of an interim
legislative committee that investigated the issue, and SB154, by Sen.
Dave Lewis, R-Helena. Each impose licensing and regulatory structures
for the industry. Both bills, she said, enjoy the strong support of
law enforcement and local governments.

The problem, she said, is that the 2005, 2007 and 2009 legislative
sessions failed to deal with the medical marijuana issue and impose a
regulatory and licensing system.

"Temperance and prohibition does not work," Sands said, referring to
the national effort to ban alcoholic beverages from 1920-33.
"Marijuana has been in our communities for years. It is not going
away. It does have legitimate medical use."

Rep. Pat Noonan, D-Butte, questioned why the House Republicans are
pushing the repeal bill and not taking up good bipartisan bills. He
chided Republicans for rejecting attempts in past sessions to enact
legislation to regulate the industry.

"It's not the initiative's fault that this industry grew so fast," he
said. "It's not the voters' fault."

He urged colleagues not to go against the voter-passed initiative and
instead govern and regulate the industry.

House Majority Leader Tom McGillvray, R-Billings, criticized what's
happened in Montana since the ballot measure passed.

"Do we want the drug cartels of Mexico to be now in place in Montana?"
he asked. "I think not. Do we want drug wars in our cities and towns
and communities? I think not. Do we want our schools infiltrated with
this harmful, addictive drug? I think not. Our culture is being
corrupted. Our children are being exploited."

All Republicans voted for the repeal bill except for Reps. Steve
Gibson of Helena, Austin Knudsen of Culbertson, Mike Miller of
Helmville, Jerry O'Neil of Columbia Falls, Sterling Small of Busby and
Bob Wagner of Harrison.

Rep. Bob Mehlhoff of Great Falls was the only Democrat to vote for
HB161.

If Milburn's bill passes, the repeal would take effect July 1.