Archive for the ‘marijuana’ Category

by jhwygirl

‘Cause I’d find that real funny. Especially given that they titled the thing “An Act Establishing the Montana Marijuana Act” when it established nothing and instead destroyed the 2004 citizen’s initiative that brought medical marijuana to Montana.

Medical marijuana advocates have sued the state, challenging the new law as unconstitutional and without merit to state’s legitimate interests. The judge has said that he is having a problem with several provisions in the bill, and has suggested that may grant the full injunction rather than pick and strike problematic aspects.

This is just emblematic of the ineptitude that results when ideology takes over common sense and the real purpose of legislating, which is service to the public good.

We here at 4&20 have written about SB423 and medical marijuana (just use that nifty search there on the right), but Montanafesto really has taken the lead in the Montana blogosphere regarding medical marijuana – you can certainly read our in-the-moment calls on the lunacy as it happened, but I digress….

If our Attorney General and Governor were to have some service to the public in mind – keeping in mind that the public, in this case, includes people who are dying and could benefit immensely from medical marijuana – perhaps they would start directing the Department of Public Health and Human Services to get to work drafting some rules and policies for the law that was in place prior to this legislative masturbation ideological boondoggle.

Our legislature had THREE chances at writing laws to reign in what they really hated, which was the commercialization and industrialization of medical marijuana and its associated dispensaries. They ignored the pleadings of law enforcement and city and county governments, all the while the state government having the ability to introduce rules and policies directed at implement the intent of the original law.

Now’s the time to get at it. Medical marijuana advocates should be advocating for it, just like vote-seekers like Bullock and Bozeman’s Larry Jent.

I will not let this opportunity pass without mentioning that all this lawsuit stuff over an unconstitutional law is costing the taxpayers dearly – and if, indeed, this law is struck down as unconstitutional, the taxpayers will indeed pick up a huge tab in legal bills for the medical marijuana advocates.

And if this medical marijuana bill is having this kind of difficulty you can bet your next paycheck that there are a bevvy of other bills out there that became law that will meet the same future.

It’s starting look like the only jobs created out of the 2011 legislative session were those for attorneys, court reporters and paralegals.

(Addendum: Here’s an example of the repeal talk we’ve gotten from Attorney General Steve Bullock:

(Regarding the judge potentially incinerating the entirety of the 2011 legislature’s medical marijuana repeal law): If that occurs, “the commercial marijuana industry and all the problems associated with it would continue to exist in this state,” according to the legal document from Attorney General Steve Bullock, chief of consumer protection Jim Molloy and Assistant Attorneys General Mark Mattioli and Stuart Segrest.

This is simply not true. With all the supplier-end problems – capitalism gone wild, if you will – that have occurred in the last 3 years, no state agency (or even the Attorney General’s office) has stepped forward to write administrative rules to address the issue in a manner consistent and within the parameters of the original citizen’s initiative.

Repeal of this last legislative session’s bill leaves us with the citizen’s initiative law. There’s still plenty of ways to address the problems that have surfaced in recent years – none of which were the cause of cancer patients, and all of which were the result of the supply end of the situation.

Montana’s government failed its citizens. Time to fix that and do the right thing Steve Bullock.

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by Pete Talbot

Special session?

There are rumors in Helena that this session could end early.  It’s all coming down to the budget, now, and since the Republicans aren’t accepting any amendments or, really, compromising on anything, their budget proposal will head straight to the governor. Schweitzer will veto it.  That pretty much guarantees an early out — I’ve heard April 2 instead of the scheduled April 21 end date — and a special session.  Thanks, GOP, for not reaching across the aisle and getting the people’s business done in 90 days … and costing the state more money in a special session.

Champ is still a chump

They don’t mind spending money on a special session but are loathe to spend money on children, Montana college kids, seniors and the poor.  Republican Champ Edmunds (HD-100) has a letter to the editor today that plays fast-and-loose with the facts-and-figures in explaining the Republican budget.

A more accurate description comes from Democrat Carol Williams (SD-46):

“The Governor’s budget is balanced, funds critical services and maintains the second largest savings account in Montana history.  The Republican budget is balanced on the backs of women, children and seniors.  Republicans took an ax to the budget when we have money in the bank,” she said.  “I had hoped that we would be able to say to Montana’s families: we’re going to take care of your children if they get sick, make sure you put food on your table, and keep your homes warm.  But the Republican majority turned a deaf ear to the pleas of Montanans who came before the committee asking for services to be restored.”

Here are some of the facts:

* $206.2 million in cuts to the Montana families, kids, students, and seniors

* $49 million eliminated from Medicaid which would result in 4,084 babies losing coverage.

* $34.9 million cut from SNAP/Food Assistance impacting 53,000 kids, 30,000 seniors, and 42,000 adults who would go without food benefits for two months.

* $35 million rejected in healthcare information technology for 47 critical access hospitals in rural areas across the state.

* $26 million slashed from Healthy Montana Kids that would boot 5,000 children off of health insurance.

* $9.6 million removed from LIEAP that will force 12,000 families to go without heating assistance the next two winters.

* $4.7 million cut from family services eliminating services used by over 27,000 Montana families every year for healthcare, screenings and reproductive care.

* $32 million in cuts to higher education, which will result in a tuition increase of 26% over the next two years.

Williams added that with the $174.2 million in cuts to the Health and Human Services budget, Republicans turned back over $80 million in federal money, which could go to other states.  She also noted that the Bureau of Business and Economic Research at the University of Montana estimates that for every $10 million cut in healthcare, about 144 jobs are lost.  These cuts could result in a loss of over 2,508 healthcare jobs.

The tale of two headlines

I’ve been visiting the Magic City of Billings and reading the Billings Gazette. Here was the Front Page, above the fold, headline on Sunday:

Poll: Tightening up medical marijuana law preferable to repeal

When I checked my hometown paper, the Missoulian, here was its Front Page headline:

Most Favor Repeal

And it had a subhead that read: Lee Newspaper poll shows that 52 percent support dumping law.

Here’s the story, and while the Missoulian headline is technically correct, if you read the entire piece you’ll notice that if not given any other choice, yeah, Montanans would be in favor of a repeal. But, if given the option, 57 percent backed stricter regulations and licensing requirements, while 31 percent wanted to repeal the law and 11 percent favored keeping the current law intact.  So basically, 68 percent don’t favor repeal.

The Gazette got it right.  Missoulian: that’s lazy headline writing.

Molnar screws Missoula

I was pleasantly surprised when two of the three Republicans on the PSC voted to allow the Clark Fork Coalition “intervenor status” in the review of Mountain Water’s sale to the Carlyle Group, a private global investment firm.  Republicans Bill Gallagher and Travis Kavulla joined Democrats Gail Gutsche and John Vincent in the votes.  Volatile Republican Brad Molnar voted against CFC in intervening on behalf of Missoula water drinkers saying, “it’s a purchase issue and they don’t have standing.”  Thanks, four out of five, for voting (initially at least) in Missoula’s interest.  The Garden City needs all the friends it can get while battling this international conglomerate.

Some newspaper kudos

I’m one of the first to throw brickbats at our state’s newspapers. We are, however, extremely fortunate to have veteran Lee Newspaper reporters Mike Dennison and Chuck Johnson covering the state capitol.  An unscientific poll over at LiTW (you’ll have to scroll down a little) has blogs being the first source for information on the Montana Legislature — among bloggers, naturally.  That’s a nice ego stroke but I still continue to turn to seasoned reporters as my first source for news and analysis. Then I go to the blogs.  (I particularly respect anything Dennison writes on health care issues.  His Montana perspective on the effects of the national health care debate has been Pulitzer Prize calibre IMHO.)

John Adams of the Great Falls Tribune has done some outstanding legislative reporting although I don’t follow him as much.  There just aren’t enough hours in the day.  Same with Montana Public Radio.  Thank you, all, and keep up the good work.

by jhwygirl

In a post titled “Profiting from Hypocrisy“, blogger montanafesto exposes the troubled hypocrisy of Rep. James Knox and his pro-repeal medical marijuana stance. First the video:

Read montanafesto’s post. Rep. James Knox offered his services to a medical marijuana business, at a greatly discounted price because his business “was slow.”

There’s more – montanafesto takes Knox on in Facebook…and now, apparently, an email has been removed from the website because Knox was threatening his lawyers.

Neither here nor there, now…the Billings Gazette has picked up the story.

Wonder if Knox has threatened to sue them, too?

~~~~~~~
So all this insane personal intrusion schizophrenic state-rights/anti-state rights Montana Republican party-led legislating has me now more than just barely pondering: What is it these guys and gals are doing up there? Rep. Warburton is obsessed with making my vagina a crime scene….Rep. Kristin Hansen wants to treat LGBTQ human beings as something less than such, and now we have Knox falling all over himself to provide discounted services to the medical marijuana community.

What is it they say? People in glass houses should not be throwing rocks?

What else is there to explain this regressive hate-filled legislation? There’s a ton of it out there.

Kuddos to you, montanafesto!

by jhwygirl

Montana Agriculture Department has issued the state’s first industrial hemp production license – the first since approving it into law in 2001.

Federal Law requires a special permit to grow hemp.

Laura Murphy, who works for a Bozeman medical marijuana business, plans to lease some land near Ennis and grow the crop. She has no intent of obtaining the federal permit.

Interestingly, last week the Obama administration announced a new no-prosecute policy towards medical marijuana in states where medical marijuana has been made legal.

Clearly there are some significant distinctions between hemp and medical marijuana. Hemp has thousands of beneficial uses – medical marijuana, on the other hand, is a waste if you don’t put it up in smoke, so to speak.

It’s an interesting case on state’s rights, though – Montana even reaffirmed its committment towards industrialized hemp this past legislative session when it passed a joint resolution urging congress to legalized the production of hemp.

Both of those bills, btw – the 2001 law and the 2009 resolution – had overwhelming support in both the house and the senate.

Will the Obama administration take the same hand with hemp as it plans with medical marijuana?

I also ponder the parallels of this issue another 2009 legislative session law, Rep. Joel Boniek’s HB246, a bill to exempt Montana-made firearms and ammunition from commerce clause.

Disclosure: I am not fan of Rep. Joel Boniek.

Now – aside from the sheer lunacy of a state writing into law (or a legislator voting for, or a governor signing into law) a bill that is simply titled “AN ACT EXEMPTING FROM FEDERAL REGULATION UNDER THE COMMERCE CLAUSE OF THE CONSTITUTION OF THE UNITED STATES A FIREARM, A FIREARM ACCESSORY, OR AMMUNITION MANUFACTURED AND RETAINED IN MONTANA; AND PROVIDING AN APPLICABILITY DATE,” the bill was intended to directly challenge state’s rights via the every powerful-and-easy-to-scare-up-tons-of-both-press-and-cash on media magnet: Guns.

Exempting from federal regulation? Under the Constitution of the United States? Really? How do you take an oath of office to uphold the laws of Montana and the United States….oh, never mind.

2001’s hemp law, on the other hand, took the approach of not only legislating an affirmative defense for anyone who obtains the state’s hemp-growing license, it requires the state to petition the federal government for a change or waiver.

As the Missoulian article points out, the state did apply in 2002 to the feds for recognition of the (then new) state law. Montana was denied. The Ag Department is currently considering whether to reapply now that they have issued a license – but points out it will administer the law.

Maybe our delegation should step in here and ask for a statement from the Administration regarding hemp production? Given it not only had overwhelming support, that support in Montana has been long and was just recently reaffirmed.

by Pete Talbot

Not really. But Ward 3 Councilman Bob Jaffe employed his wry wit to kick off a serious discussion of Missoula’s marijuana laws.

This morning we started the day at 8:00 am with alcohol and marijuana. First we approved the purchase of a bunch of field sobriety kits, motorcycle and in-car video camera systems, and funding for the underage drinking prevention program … “

Jaffe then went on to explain that Initiative 2, which was passed by Missoula voters in 2006 and was meant to make possession of small amounts of marijuana a low priority for law enforcement, didn’t affect city (or university) police.

And he gave a well-reasoned explanation as to why this initiative should also apply to city law enforcement. First, his entire comment is below the fold. Second, at the end of his comment, he has a cool map you can click on that shows how Missoula’s precincts voted on this initiative. Third, and I don’t know how many times I’ve said it, if you’re interested in Missoula politics, you have to subscribe to this site (which covers city council committee meetings and other city business).

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