MARIJUANA REFORM LAW CAUSING CONFUSION

The transition to the state's new medical marijuana law is proving
confusing to some patients and caregivers -- and creating dissension in Helena.

Locally, the impact of the new law is already evident. During the
Columbia Falls City Council's May 16 meeting, city manager Bill Shaw
noted that some medical marijuana shops in town had already closed
their doors. When asked by councilor Mike Shepard how city police
will deal with the transition, including dealing with "basement
operations," Shaw said he doesn't expect any problems.

Officials at the state Department of Public Health and Human Services
announced May 13 they planned to continue issuing medical marijuana
cards, while legislators claim the new law repeals the department's
authority to do so.

Department spokesman Jon Ebelt said Senate Bill 423 is unclear about
cards that have already been issued. The department has a 60-day
backlog of applications and intends to issue cards under the old form
until June 20, he said.

DPHHS supervisor Roy Kemp called the May 14 deadline to stop issuing
cards unreasonable and said patients haven't had sufficient time to
prepare for the new law.

Legislators who supported the reform bill and its more restrictive
regulations say there is nothing ambiguous about SB 423 and called
DPHHS's actions politically motivated. The bill's sponsor, Sen. Jeff
Essmann, R-Billings, said DPHHS would be breaking the law if it
continues to issue cards under the old law to June 20.

DPHHS summarized changes in the state law in a notice recently mailed
out to medical marijuana patients:

Cards held by currently registered patients will remain valid until
the expiration date printed on the card.

Patients may renew cards 30 days before the expiration date, but
anyone with an expiration date later than July 20 must renew under
the new program.

The department will stop accepting the old registration forms on June 20.

Patients who grow their own medical marijuana can continue under the
new limitations: 12 seedlings, four mature flowering plants and one
ounce of usable marijuana.

Patients receiving medical marijuana from a caregiver will have no
caregiver effective July 1. At that time, patients can grow their own
marijuana or find a registered provider who will provide them with
medical marijuana at no cost. Patients who name a provider can no
longer grow their own.

DPHHS provides more information online at
www.dphhs.mt.gov/medicalmarijuana with links for patients seeking
advice on how to grow their own marijuana.

Meanwhile, medical marijuana providers have turned to the courts for
rulings under the old law. But when a caregiver in Missoula filed
suit arguing that caregivers should be allowed to sell marijuana to
other caregivers, Missoula District Court Judge John Larsen ruled
April 6 that the act passed by voter initiative in 2004 specifically
prohibited such transactions.

A similar lawsuit was filed in Flathead County District Court after
caregiver Robin Ruiz and patient Leif Erickson were arrested Feb. 3
with three pounds of marijuana while en route to Great Falls. In a
reply to the lawsuit, Flathead County deputy attorney Tara Fugina
said the matter should be addressed in the Montana Supreme Court
because the issue is of statewide interest.

Two medical marijuana providers have also filed suit in U.S. District
Court in Missoula claiming the federal government violated their
civil rights during a statewide raid on March 14. Twenty-six search
warrants were executed by the FBI, the Drug Enforcement Agency, the
Bureau of Alcohol, Tobacco and Firearms and other federal agencies,
with help from state and local law enforcement.

U.S. Attorney for Montana Michael Cotter said the raids were the
result of an 18-month investigation and weren't aimed at seriously
ill patients who use medical marijuana.

Lawyers for the Montana Caregivers Association and MCM Caregivers say
the raids were unconstitutional, exceeded the government's authority
and pre-empted the state's medical marijuana law in violation of the
U.S. Constitution's 10th Amendment.