OBLIGED TO OBEY

I read with interest the article reporting the Department of Public
Health and Human Services' intention to continue issuing medical
marijuana cards despite the Legislature's revocation of its authority
to do so. As an attorney for over 37 years and a former Montana
assistant attorney general, I recommend that Mr. Kemp, who made that
decision, as well as the governor (since he has supervisory control
over the department) consider ? 45-7-401, MCA, which makes it a
criminal offense (official misconduct) for a "public servant" to
"knowingly perform an act in an official capacity that the public
servant knows is forbidden by law." Recipients of such cards should
also consider the fact that the cards may be invalid and provide them
no protection, even under Montana law.

Mike McCarter

Helena