MONTANA MARIJUANA LAW GENERALLY CLEAR

Much of the confusion reflected in "The medical marijuana muddle: A
clear decision, a hazy outcome" (March 27) stems from simple
misunderstandings.

Although federal law stands in the way of a perfect distribution
system for medical marijuana, registered Montana patients cannot be
arrested for obtaining their medicine. They have the option of
cultivating their medicine themselves, having a caregiver cultivate it
or continuing to purchase it on the illegal market. While common drug
dealers' conduct is clearly illegal, the patients' "acquisition" of
marijuana is explicitly allowed.

There is also no reason to believe that patients living in drug-free
school zones would be in jeopardy for conduct within their homes. The
law says that they cannot be arrested for the nonpublic use,
possession and cultivation of medical marijuana.

The belief that the DEA could come after doctors is likewise false.
The Ninth U.S. Court of Appeals, which has jurisdiction over Montana,
has ruled that doctors cannot be punished or lose their DEA licenses
to prescribe simply for recommending marijuana. Doctors cannot
actually aid in obtaining marijuana, and they must follow the medical
standard of care.

The most troubling comments were from Yellowstone County Undersheriff
Jay Bell. Contrary to his statement, the law unambiguously states that
registered patients cannot be arrested or prosecuted for possessing
medical marijuana, and their medicine cannot be seized.

Bruce Mirken, Director of Communications Marijuana Policy Project

Washington, D.C.