BILL TAKES MONEY OUT OF THE BUSINESS

A reform bill that takes the money out of the medical marijuana
business and aims to sharply reduce the number of Montanans who can
qualify to use medical marijuana has angered both medical marijuana
providers and consumers.

Senate Bill 423 in its final amended version was approved 78-17 by the
Montana House, with Reps. Jerry O'Neil, R-Columbia Falls, and Rep.
Keith Regier, R-Kalispell, in favor. The Senate approved the bill
35-15, with Sens. Ryan Zinke, R-Whitefish, and Bruce Tutvedt,
R-Kalispell, in favor.

The bill limits the number of cardholding consumers that a marijuana
grower or provider of "marijuana-infused" products, such as candies or
baked items, can serve to three. That's the total number whether the
provider is both a grower and a provider of marijuana-infused
products, or if the provider is also a consumer. Currently, some
providers represent hundreds of cardholders.

Registered cardholders are limited to possessing four mature plants,
12 seedlings and one ounce of usable marijuana. A provider is limited
to the same numbers for each cardholder the provider supplies with
marijuana. Opponents say a provider cannot sustain a grow operation
with those numbers.

Providers will no longer be allowed to charge for the marijuana they
supply to cardholding consumers, other than the cost of application
and renewal fees. Medical marijuana also cannot be consumed in public
places or in plain view, and employers can prohibit employees from
consuming medical marijuana at the workplace, the bill states.

Medical conditions that qualify cardholders for medical marijuana use
have been tightened up. Doctors who prescribe marijuana for
cardholders can charge for an examination, but examinations cannot be
conducted over the telephone or Internet.

Gov. Brian Schweitzer earlier vetoed a House bill that would have
repealed the Medical Marijuana Act, which was approved by voters in
2004. Schweitzer, who is not expected to sign the reform bill, agreed
that something needs to be done about the current "wild, wild west"
medical marijuana industry and said he won't veto SB 423.

Concerned, however, that the new bill would limit access for people
who need medical marijuana, and calling the bill "unconstitutional on
its face," the governor presented a number of amendments on April 28
before the legislature adjourned.

A legislative panel accepted Schweitzer's suggestions that two
physicians should sign off on a minor's use of medical marijuana, that
the names of cardholders should not be handed over to local law
enforcement, and that reasonable hours should be set for inspection of
providers' facilities. They rejected, however, Schweitzer's suggestion
that providers should be allowed to supply 25 cardholders instead of
three and that providers should be allowed to charge for medical marijuana.

The bill will go into effect on July 1. Growers and providers of
marijuana-infused products are required at that time to turn in to law
enforcement officials any marijuana they have that exceeds the new
regulations.