REFERENDUM TAKING ON CANNABIS LAW FILED

The Montana Cannabis Industry Association filed legal papers with the
secretary of state's office Thursday to start a signature-gathering
effort to let Montanans vote in 2012 on a soon-to-be medical marijuana
law it opposes.

The paperwork was delivered to Secretary of State Linda McCulloch's
office late Thursday.

"We're moving forward on all fronts," said Kate Cholewa, spokeswoman
for the group. "The people want what they voted for and what the
Legislature did is not it."

The association had said it would try to persuade Gov. Brian
Schweitzer to veto Senate Bill 423, which the 2011 Legislature passed.
Schweitzer has already said he will let it become law Friday without
his signature.

The group plans to sue the state over SB423, contending it is
unconstitutional. The association raised $50,000 in five days to
retain the services of Jim Goetz, a prominent Bozeman lawyer who has
won a number of major lawsuits involving such issues as stream access
and school funding.

The association has said it will mount a signature-gathering campaign
to place SB423 on the November 2012 ballot as a referendum so voters
can decide its fate. The group also wants to get an additional bunch
of signatures to suspend the law and prevent it from ever going into
effect.

Here is the proposed statement of purpose that would appear on the
petitions that people will sign:

"In 2004, 62 percent of Montana voters passed I-148 to create a
medical marijuana program for certain patients. SB423 repeals that
voter initiative entirely and creates a new program that requires
doctors to pay the costs of being investigated for every
recommendation made to more than 25 patients; requires pain patients
to see two doctors if they lack proof of their pain's etiology;
requires providers to produce marijuana free to patients regardless of
cost and to provide their fingerprints to the FBI and Department of
Justice; and provides no legal way to obtain cannabis seeds and plants."

The petition asks people whether they are for or against Senate Bill
423, "which repeals I-148, becoming law."

The proposed petition must be reviewed by several state agencies,
which may suggest changes, before the association can begin collecting
signatures.

To place a referendum on the ballot requires the signatures of 5
percent of the registered voters in 34 of the 100 state House
districts and 5 percent of the total votes cast for governor in 2008
or 24,337 votes.

To suspend a law passed by the Legislature, backers must get the
signatures of 15 percent of the voters in 51 of the 100 House
districts. They will need to obtain between 31,238 and 43,247
signatures, depending on which state House districts they use.

In response, Sen. Jeff Essmann, R-Billings, the sponsor of SB423, said
he will be in Helena Friday and wants to visit with officials in the
secretary of state's and attorney general's offices about the petition
process and Goetz's forthcoming lawsuit.

"I think there's a lot of hysteria that's being raised by the large
growers in the state who see a very profitable but illegal business
model slipping away" Essman said. "There's no reason for any
legitimate patient who's been certified by a reputable doctor to be
denied access to the product. I would hope that people don't sign the
petition because it's unnecessary, unless they're interested in
promoting the sale of marijuana on a cash basis."

The Montana Cannabis Industry Association was able to file the initial
referendum papers even though SB423 hasn't become law yet.

Harper Lawson, chief deputy secretary of state, said the Montana
Constitution refers to "any act of the Legislature" and doesn't
mention when it becomes law or when the governor takes action on it.

"In this case, the Legislature has already "acted" on SB423 when they
passed it," Lawson said.

In addition, nothing prohibits the group from filing the petition
paperwork, he said.

"If the governor were to veto the bill, the process would become
moot," Lawson said. "The process takes some time and petitions cannot
be distributed for signature gathering until the process is complete.
That process will take longer than the time left for the governor to
veto the bill, sign it, or allow it to become law without his
signature."