CAPITOL LETTERS

Dear Folks,

Marijuana bills bring emotional debate -- Senators bared their souls
this week, debating two marijuana bills with some very personal
stories. There's agreement the status quo has become untenable. The
Missoulian recently referred to the current permissive law that "many
medical marijuana advocates term so vague as to have allowed for abuse."

Repeal/Reform Dem "deal" revealed -- Because the transmittal deadline
had passed, Senate Majority Leader Essman's SB 423 Repeal/Reform bill
needed a two-thirds vote in the Senate to get it voted on third
reading and off to the House. The minority pushed back, using a
funding bill they wanted passed as a political bargaining chip.
Instead of voting their conscience, the Democrat caucus dealt a ploy.
(It was widely publicized.) We watched as the tally on SB 423
displayed the shortage of green votes. President Peterson's face fell,
and it took us all a moment to regain our composure. This meant that
the bill was dead unless the House would vote a two-thirds majority to
accept the bill, and time was running out. I admit, after our
exhausting Thursday evening debate, vote and uncertainty, I sat in my
car and cried for the future of Montana.

House rallies around Repeal/Reform -- The House rallied Friday with a
unanimous vote to accept the Repeal/Reform bill. Friday the Senate
passed Milburn's total repeal bill, so now both bills are alive. It
looks like the Governor will get two choices: total repeal; or
repeal/reform which allows medical use of marijuana to sufferers with
documented illness and need.

You can imagine the volume of input we receive on both sides of this
emotional issue. For 72 legislative days, we heard from industry, law
enforcement, county attorneys, health care providers, users,
caregivers, teachers, counselors and principals, insurance providers,
sheriffs, the Montana Highway Patrol, the clergy and hospitals. Each
presses us to address the impact the 2004 citizen's medical marijuana
initiative has had on Montana and its proud, self-reliant reputation.

Medical malpractice reforms -- Other important bills passed that
should start lowering medical costs. We passed HB 408 limiting the
statute of limitations on medical malpractice claims from three years
to two; HB 405 limiting a physician's liability for choosing not to
perform extra diagnostic tests which reduces the expenses of
"defensive medicine;" and HB 464 that could make it feasible to hire
pediatric and geriatric specialists in Montana. Right now, 40 percent
of Medicaid pediatric payments go to a children's hospital in Denver;
this could capture that segment of medical care and keep patients
closer to home.

Wolf management returns to Montana control; other bills filling our
week were closing voter registration on Friday before elections;
interim study of eminent domain for just compensation for private
property takings; parental permission prior to school sex education
classes, and civil fines for failure to deal with noxious weeds.

I counted 89 bills for third reading voting in our Senate during this
six-day week. That doesn't count the bills we heard in our daily
committee meetings. It's a high-energy environment, and it's so
rewarding working with 149 other people with enormous collective
experience and regard for one another and our great state. I value
your input carminemowbray@gmail.com.