1 LAST CHANCE TO REIN IN MEDICAL MARIJUANA

Last month, The Gazette State Poll conducted by a professional
polling firm found that more than half of Montanans (57 percent)
wanted the state's seven-year-old medical marijuana law revised with
stricter regulations, compared with 11 percent who said they would
choose to leave the law as it is and 31 percent who wanted to repeal
the voter-enacted law.

In the final days of the 2011 Montana Legislature, lawmakers have
crafted one last bill that would rein in the legal use of medical marijuana.

Senate Bill 423, as approved last week by a House-Senate conference
committee, addresses all the concerns raised in a March 22 Gazette
opinion. It would:

Bar individuals on probation, parole or under any court supervision
or in any correctional facility from obtaining a legal marijuana card
or becoming a legal marijuana provider.

Give local government authority to regulate and inspect legal
marijuana providers.

Cut down on abuse of the law by banning the use of telemedicine or
Skype consultations for the physician recommendation to use
marijuana. Also, all physicians recommending medical use of marijuana
would have to follow usual standards of medical care as prescribed by
the Montana Board of Medical Examiners.

Ban use of legal marijuana on any school property, school bus, public
transportation, the property of any church or synagogue, other public
places and "in plain view of or in a place open to the general public."

Clarify that employers may restrict employees from using marijuana on the job.

HB423 would replace the voters' 2004 law with a host of restrictions
that still allow certain individuals to use marijuana as medicine but
probably would shut down the business of legal marijuana in Montana.

Under HB423, a marijuana cardholder could possess up to four plants
or designate a provider, who couldn't be compensated for providing
marijuana. Providers could serve only one cardholder who isn't a
second-degree relative. Relatives included, a provider could furnish
marijuana for up to three cardholders.

Among the 4,848 medical marijuana caregivers registered with the
state Department of Public Health and Human Services at the end of
March, slightly over half (2,434) had only one patient. An additional
1,046 had two or three patients. Thirty-four had more than 100 patients.

The conference committee bill also would require the Board of Medical
Examiners to review the practices of any physician who recommends
marijuana for more than 15 patients in 12 months. Furthermore, the
bill would require the physician to pay the cost of the board's
review. That provision apparently wouldn't apply to the majority of
the 360 Montana physicians who have recommended marijuana to their
patients. According to DPHHS data, 274 physicians have signed
recommendations for only 1 to 10 patients and 29 physicians have
signed for 11-20 patients. On the upper end of the scale, 32
physicians have recommended marijuana for more than 100 patients.

The 22-page bill, sponsored by Sen. Jeff Essmann, R-Billings, is
scheduled for second reading Tuesday in the House and Senate.

It is concerning that this bill was extensively rewritten in
committee in the final days of the session. The conference committee
added nearly 160 amendments last week. This rush may indeed result in
unintended consequences. However, it's clear that the current law has
serious loopholes that most Montanans want closed. SB423 is the only
legislation still alive that could control the burgeoning medical
marijuana industry and create a program that "provides legal
protections to persons with debilitating medical conditions who
engage in the use of marijuana to alleviate the symptoms of the
debilitating medical condition."

That's what Montanans voted for in 2004. We urge lawmakers to support
the restrictions in SB423.