SCHWEITZER TO LET BILL BECOME LAW WITHOUT SIGNING IT

HELENA - Gov. Brian Schweitzer said Friday he will let a
controversial medical marijuana bill take law without his signature.

He made it clear he's not wild about the bill, but said he can't
support the status quo either. Earlier in the session, Schweitzer
vetoed a bill calling for an outright repeal of Montana's medical
marijuana law.

"So I will hold my nose and allow this to be law until the
Legislature gets back to session (in 2013)," he said. "I'm not going
to sign it."

Schweitzer announced his plans for the bill at a late-afternoon press
conference.

As a result, Senate Bill 423 will become law. It repeals Montana's
2004 voter-passed law that allows some people to use marijuana for
certain medical reasons, will be come law.

Instead, SB423 puts into place a much tougher law with stricter
regulations on the business and is intended to make it much harder
for people claiming "severe chronic pain" to get medical marijuana
cards. Bill supporters have said that will help close a big loophole
that has allowed an many people claiming severe and chronic pain to
obtain cards now.

Under the law, large marijuana growing operations and storefront
medical pot dispensaries must shut down operations by July 1. The
system will transform to one in which people authorized to use
medical marijuana can either grow their own or obtain it without
compensation from a provider who can grow it for up to three people.
It's designed to squeeze any profits out of what's been a booming
industry in Montana.

"Montanan expected more of this 62nd Legislature when it comes to
this issue, and they didn't deliver," Schweitzer said.

Schweitzer hasn't yet received the bill from the Legislature, which
adjourned Thursday night. Because lawmakers have adjourned, he cannot
issue an amendatory veto on a bill suggesting changes.

On Wednesday, Schweitzer called SB423 "unconstitutional on its face"
and on Thursday suggested changes to the Legislature, which adopted
some but not all of them, before it passed the bill for a final time.

So the governor now has three options with the bill: sign it into
law, veto it or let it become law without his signature.

"I guess I could veto it," he said. "I could say that this is a
danged poor bill, and you started out with a good bill (from an
interim committee), and you went downhill for almost 88 days. But I'm
kind of painted in a corner. They painted Montana in a corner. They
accepted some of the language that I believe makes the bill
constitutional. So that is good. Is the bill perfect? Not even close."

Schweitzer went on to say, "But can I veto and allow the Wild West go
on for the next couple of years? I don't think so."

He was referring to the current situation with medical marijuana, in
which the number of people authorized to use it has skyrocketed from
4,000 in September 2009 to nearly 30,000 as of last month. A number
of large growing operations and storefront dispensaries have sprung
up around the state.

Schweitzer said he fully expects that those wanting to repeal the
medical marijuana law will try to get an initiative on the ballot in
2012. A Billings group favoring repeal obtained thousands of
signatures in a week in 2010, but fell short.

Or he said, medical marijuana advocates unhappy with the 2011 bill
might try to put a bill on the ballot to undo some of the changes and
put in their own ideas.

"In the meantime, we have a plan that will probably decrease the
number of people that have access to medical cannabis," he said.

Essmann, meanwhile, said later he was "very pleased" to hear that
Schweitzer will let SB423 become law.

"I think he's done the right thing," Essmann said. "I'll be looking
forward to having the winding down of the storefronts and the large
grow operations over the next couple of months, and legitimate
patients can make a smooth transition to properly registered providers."

Essmann said he's glad that the storefronts will be closing soon and
"reducing the air of legitimacy that encouraged the use by the youth
in our state."

The State Bureau was unable to reach Tom Daubert, an author of the
2004 initiative and a leading advocate of the current law, for comment.