MEDICAL MARIJUANA PETITIONERS OFF TO FAST START

In just a week, some 2,000 Montanans have signed petitions to let
voters in 2012 to decide the fate of the more restrictive medical
marijuana law enacted this year, referendum backers said Tuesday.

A group called Patients for Reform -- Not Repeal recently launched a
statewide campaign seeking enough signatures to place Senate Bill 423
on the ballot next year. If it obtains an additional level of
signatures by Sept. 30, the law will be suspended until voters in
November 2012 decide whether to retain or reject the statute

The referendum is part of a three-pronged attack by some medical
marijuana businesses and patients.

The Montana Cannabis Industry Association and others challenged the
constitutionality of the new law in court.

On June 30, District Judge James Reynolds of Helena temporarily
blocked some key parts from taking effect until a full hearing is
held. One enjoined provision would have prevented growers from
charging patients for supplying them with medical marijuana, while
another would have limited the number of patients each provider could
grow pot for.

"The temporary injunction is just that," said Rose Habib of Missoula,
petitioning coordinator for Patients for Reform -- Not Repeal, citing
the need for the referendum.

The third effort is a constitutional initiative, proposed by a
medical marijuana patient, calling for decriminalizing marijuana in Montana.

So far, Habib said she's trained more than 150 "core volunteers," who
in turn have taught 500 more volunteers on how to gather signatures
correctly. More than 1,500 other people have volunteered, she said.

Local election officials must verify that those signing the petitions
are registered voters so they count.

"It's the largest gathering of volunteers I've ever seen in the
20-plus years I've worked on initiatives," said C.B. Pearson, a
Missoula consultant assisting the group.

Speakers said Montanans are upset that the Legislature in SB423
repealed the initiative that 62 percent of voters passed in 2004 to
legalize the use of marijuana for certain medical conditions.

"On the front lines of gathering signatures, I've seen that citizens
are outraged this initiative was repealed," Habib said.

Sarah Baugh, a patient from Helena, said the new law jeopardizes her
safe access to medical marijuana and in turn threatens her health.
Without medical marijuana, she said, she could return to having
several debilitating seizures daily.

"In a situation that screamed for reform, and regulation, we were
given repeal instead," she said.

Sen. Dave Wanzenried, D-Missoula, agreed, saying: "The truth of the
matter is the Legislature has no business second-guessing what the
voters intended."

To qualify the referendum, the group needs signatures of at least
24,337 voters, including those in 5 percent of the voters in 34 of
the 100 state House districts.

Suspending it takes the signatures of 15 percent of the voters in 51
of the 100 House districts. That requires between 31,238 and 43,267
signatures, depending on which districts they use.

In response, SB423 sponsor Sen. Jeff Essmann, R-Billings, defended it.

"Even the district judge recognized the Legislature has the authority
under Montana law to replace a statute adopted by initiative," he said.

Through SB423, the Legislature was trying to fix "the fundamental
problems" with the initiative that the Department of Public Health
and Human Services failed to address, he said. These included abuses
in certifying people claiming severe and chronic pain for marijuana
cards and in allowing 12 physicians to authorize more than 90 percent
the medical pot recommendations to patients over the past year.

Essmann said those in the medical marijuana industry "talk about
tough regulation," but offered none in their so-called "gray bill"
that died in committee.