MEDICAL MARIJUANA IN MONTANA: RAIDS NO CHANGE IN POLICY

The raids this week on marijuana growing operations and shops does
not mean the Obama administration has abandoned its policy of leaving
legitimate medical marijuana patients and providers alone, the U.S.
attorney for Montana said Friday in Butte.

"The policies of the Department of Justice have not changed," Mike
Cotter, Montana U.S. attorney, told more than 60 lawyers gathered for
a meeting of the state bar.

Cotter's comments came during an all-day update on the status of
Montana's medical marijuana law. The measure, approved by voters in
2004, made it legal for patients with terminal or serious illnesses
to possess and use marijuana, as well as for caregivers to grow and provide it.

But since the measure was approved, many people have complained and
numerous people have made a mockery of the law by faking medical
conditions. And caregivers have sprung up statewide, some with
thousands of patients.

This week federal officials served 26 search warrants on marijuana
producers throughout the state, seizing cash and other items.

Cotter, in his comments, was referring to an October 2009 memo from
Deputy Attorney General David Ogden in which he stated that federal
officials would not put their efforts into cracking down on
legitimate users of medical marijuana. The drug is still against
federal law, but 15 states and the District of Columbia have passed
measures making marijuana legal for medicinal use.

The Justice Department, however, stated clearly that marijuana
remains illegal and it would crack down on growers and distributors
who were abusing medical marijuana laws, said Cotter.

"When the Attorney General visited here in February, he stated
illegal sale of marijuana under the guise of medical marijuana will
be prosecuted," Cotter said. "That is the policy."

But lawyers at the meeting peppered Cotter and two state officials
with questions about how the federal policy affects them. They said
it is clear that marijuana is illegal in the federal government's
view, yet Montana state law allows its use.

Several questioned whether they could lose their legal licenses if
they consulted people involved in marijuana production.

Betsy Brandborg, counsel for the State Bar of Montana, said lawyers
are safe as long as they point out federal law while giving advice
about Montana's medical marijuana statute. She brought up an example
from Oregon in which a lawyer was grossly negligent and had his
license suspended for 90 days, but still wasn't disbarred.

"I would give them a copy of the Ogden memo and say 'I am advising
you that no state can authorize violation of federal law,'" Brandborg said.

But one member of the crowd asked Cotter if leasing property to a
grower could constitute conspiracy to produce drugs, which Cotter
wouldn't answer. Other lawyers questioned whether drafting contracts
for business owners could also be construed as breaking federal law.

John Kauffman, a Bozeman lawyer, said U.S. history is rife with
examples of lawyers using cases to test laws and medical marijuana
should be no different.

"If (we) can't push the envelope to advocate change, then I think
we're doing our professions a disservice," he said.