House panel endorses repeal of medical marijuana law

[MediMary]

http://billingsgazette.com/news/sta...cle_e9f11bd0-8110-5465-8350-a3453acd3a54.html

Shitty mcshittsters
HELENA — The House Human Services Committee voted 10-5 Friday to repeal Montana's 2004 voter-passed bill legalizing the use of medical marijuana.
All of the committee's 10 Republicans voted for House Bill 161, by House Speaker Mike Milburn, R-Cascade. All five Democrats opposed it.
The bill now heads to the House floor for debate Tuesday, barring any last-minute scheduling changes.
“I am pleased to see the Human Services Committee supports this incredibly important bill, and I look forward to it passing the full House of Representatives next week,” Milburn said.
The sharply divided committee debated the bill for less than a half-hour before voting.
“This is an initiative that has gone horribly wrong,” said Rep. Cary Smith, R-Billings. “This is not what the people voted for.”
Smith said he was appointed to serve on an ad hoc committee by the Billings City Council to deal with the consequences of the explosive growth of medical marijuana in recent years. The city has faced problems with medical marijuana storefronts located in front of schools and churches, he said.
“We need to turn this thing off and start over,” Smith said.
As of December 2010, more than 27,000 people in Montana have been authorized to use medical marijuana, an increase of 20,000 cardholders from December 2009.
Rep. Pat Noonan, D-Butte, opposed the bill.
“I have a rule that I don't vote against anything that's voted on by the voters,” he said. “If we really want to repeal, I think the voters should do it.”
In 2004, Montana voters passed the initiative by 62 percent to 38 percent.
Rep. Michael More, R-Gallatin Gateway, acknowledged that he had voted for the measure, thinking it would be just to help people with debilitating diseases.
“There was an element of wishful naiveté on the part of those who voted this in,” More said.
But the state has instead had to deal with far-reaching consequences of the initiative, including what More called “an element of licentiousness in the culture” under the law.
Rep. Ellie Hill, D-Missoula, criticized the repeal bill, saying that opponents of HB161 outnumbered its supporters by 3-to-1 at the hearing earlier this week.
“There was a lot of talk that this has increased crime rates,” she said. “I didn't hear anyone with evidence.”
Milburn doesn't accept the fact that marijuana works as medicine, she said, despite legislators hearing from people, including some in wheelchairs, testifying that it has helped treat their health problems.
The Missoula lawmaker said she has heard from thousands of people who support medical marijuana but want the Legislature to enact some sideboards to the bill. She urged lawmakers to instead consider the bipartisan measure approved by a legislative interim committee, House Bill 68, by Rep. Diane Sands, D-Missoula, which would add regulations.
“They don't think the current law is what people voted for,” she said. “They voted for safe access to medical marijuana. They want us to put some training wheels on.”
Tom Daubert, an author and campaign manager for the 2004 initiative, criticized the committee action.
“For legislators who rejected proposals to improve the law in '07 and '09 to now rush to repeal rather than to fix a compassionate policy passed by the people in record numbers is a tragedy for patients and an insult to the Montana values of freedom and democracy,” said Daubert, who heads a group called Patients & Families United. “Consensus solutions to the law's problems exist. But redefining thousands of suffering Montanans as criminals is not a solution, nor is it morally justifiable.”
Besides Sands' HB68, there is another major medical marijuana bill, Senate Bill 154, by Sen. Dave Lewis, R-Helena, that would also set up state licensing and regulation of the medical marijuana businesses. Sands' bill would impose licensing fees to pay for the regulation, while Lewis' measure would levy a tax.

 

[dextr0]

"The city has faced problems with medical marijuana storefronts located in front of schools and churches, he said."

^^^This is seriously a problem people need to look at and do something about. When I see things like this it makes me think that no matter what we do, marijuana is going to be seen as something EVIL.
That line of division has to be erased. I would actually like to see more weed in Schools and even Churches.

 

[ibTheMan]

thats bull shit how a couple of dumb fuckn, pepole that grew up rich and have NO IDEA of the REAL WORLD. "they think "Weeds Bad" but driven around in ah $70000 car with ah fuckn $4000 dog in there lap, and ah $800 bottle of scotch and illegal $100 each cigars is fine, and they can say" So the people voted this in, Forget what they what". there worthless pieces of shit, that are by far worse most any Legal Marijuana Smoker. THEY DONT KNOW SHIT, BUT WHAT THEY WANT TO KNOW!

 

[ScuzyRoach]

I'm not sure how Montana's laws read regarding the repeal of a voter "proposition" and a state "senate bill". Here in California they can't change a proposition through a state bill. This has been why all cases have been won by defendants in regards to possesion limits and plant numbers. Only the people can change Prop. 215 through another vote. The only parts of SB 420 still in effect are those portions which have'nt been challanged in court.
Any legal experts out there?

 

[MTgrower]

I really hate republicans. What is going to happen to all those people who opened storefront businesses and built huge grows to service hundreds of patients. That is going to suck for them. I hope our laws are like Cali. Otherwise, my prices just doubled.

 

[sky high]

Wow. I wish you folks well up there.

here in CO the voters made Amendment 20 a part of our Constitution in 2000. This designation, we were told, meant that the law was set in stone and could only be changed by a vote of the people.

Enter 2009...greed..dispensaries...and lotsa unregulated sales.... and UNFORTUNATELY, our Amendment and the will of the People has been dismantled and is now merely a model of GREED. Sadly, I see now that other States (HI for one) are going to adopt similar "licensing" schemes...taking MMJ from the hands of the average patient and placing it solidly in the hands of big money and big Gov't regulation.

I hope you don't see a similar fate, but all factors are indicating that extreme taxation, regulation, and a loss of patient privacy may very well be where this is all headed in the States that are looking at WTF to do with those folks who seem to think this is all an invite to go commercial and set up shop wherver they please without thought to discretion or what anyone else might think.

best of luck MT,

s h

 

[sanvanalona]

This is a really bad situation. On many levels the idea of repealing a voter initiative is wrong. I highly doubt that this will be passed by the governor, he is a lame-duck at this point so he has nothing to lose by not signing or vetoing the law. I believe that all this will do is essentially keep everything the same way that it is now, the republicans have spent too much time on the idea of the repeal, and if Schwietzer vetos then no regulations will have been passed in this legislative session. I also think that we will see the repeal in the form of a voter initiative in 2012, but it will lose horribly and that will be the last talk of this ridiculous idea. Funny thing that republicans argue so strongly for smaller government and more individual autonomy yet are so supportive of this notion in our state!

 

[Seamaiden]

I'd have to say over-regulation, especially when done with complete and total disregard for the intent of the original legislation. We need smaller government that interferes less, not larger government that interferes more.

I'm not sure how Montana's laws read regarding the repeal of a voter "proposition" and a state "senate bill". Here in California they can't change a proposition through a state bill. This has been why all cases have been won by defendants in regards to possesion limits and plant numbers. Only the people can change Prop. 215 through another vote. The only parts of SB 420 still in effect are those portions which have'nt been challanged in court.
Any legal experts out there?

The legality of legislature changing a bill that's been voted on depends specifically on what type of proposition we're talking about. 215 was a constitutional amendment, IIRC, and therefore cannot be changed by a legislative vote, whereas something like 19 was not, it was a statutory proposition, and thus could be changed via legislative vote. This is spelled out in each state's constitution.

 

[MTgrower]

This is a really bad situation. On many levels the idea of repealing a voter initiative is wrong. I highly doubt that this will be passed by the governor, he is a lame-duck at this point so he has nothing to lose by not signing or vetoing the law. I believe that all this will do is essentially keep everything the same way that it is now, the republicans have spent too much time on the idea of the repeal, and if Schwietzer vetos then no regulations will have been passed in this legislative session. I also think that we will see the repeal in the form of a voter initiative in 2012, but it will lose horribly and that will be the last talk of this ridiculous idea. Funny thing that republicans argue so strongly for smaller government and more individual autonomy yet are so supportive of this notion in our state!

If you are right about the Govenor, it sounds like a good situation. I'm fine with no changes. Maybe we'll see a voter initiative to just legalize in 2012. That would be fine by me too.

Perhaps by then people will have pulled their heads from up their asses.

 

[FLB]

I believe our good ol gov has a medical card himself so I think your right about a veto.....if it even makes it that far. This piece-a-shit Milburn is head of house comittee and is his bill. It's no wonder it passed, he compares I-148 to hurricane katrina. What a toolbag. The only thing I have seen from all of this is job creation for Montana.

 

[MTgrower]

I believe our good ol gov has a medical card himself so I think your right about a veto.....if it even makes it that far. This piece-a-shit Milburn is head of house comittee and is his bill. It's no wonder it passed, he compares I-148 to hurricane katrina. What a toolbag. The only thing I have seen from all of this is job creation for Montana.

No doubt. Montana would be utterly fucked if the marijuana industry weren't carrying the entire economy along.... barely. I never saw the comment about Katrina. That is infuriating. What disrespect to the victims and survivors of that tragedy.

Hell the entire country would be totally fucked without the herb.

 

[zlessley]

I'm honestly a bit worried about the whole thing... you see, one of the up and ups in the house is married to the head of the "safer communities, safer kids" or whatever that bullshit is called.

I'm not going to let it stress me out too much but I will be there to protest and do everything I can to stop this moronic bill. Also, I'm worried because it seems that the entire panel voted on political lines, dems voted no, reps voted yes, so it seems that the people's word is trumped by politics :confused0054: ... yeah.. not that shocked.

Anyways, if any of y'all are heading up there to speak your mind and the like (which you should because if this passes, we're back to square one) hit me up either on here or through my site (Reclining Buddha in Bozeman) and maybe we could share some genetics or just some bud and good conversation!

I also welcome anyone interested in a solely MT medical forum to contact me because we'd love to have some more input, especially with things heating up in legislature.

Zack : Reclining Buddha :rollj:

 

[sky high]

saw this:

In Montana, A Bid to End Medical Use Of Marijuana

By KIRK JOHNSON
Published: February 10, 2011


HELENA, Mont. — The Montana House of Representatives voted Thursday to repeal the state’s six-year-old medical marijuana law.

The 63-to-37 vote, largely along party lines in the Republican-controlled chamber, pushed Montana to the front lines of a national debate about social policy, economics and health as medical marijuana use has surged in the 15 states and the District of Columbia that allow its use.

“We were duped,” said the House speaker, Mike Milburn, a Republican and sponsor of the repeal bill, who said he thought that the arguments about medical use had been a pretext for encouraging recreational use and creating a path to full legalization. He said he feared gang drug wars in Montana’s cities and debilitation of its youth.

“This bill says, Shut down everything — it’s gone way too far,” Mr. Milburn told the chamber before the vote.

The State Senate, also controlled by the Republicans, will also consider the measure, and House members will have an opportunity to vote on it again as early as Friday before sending it there. If passed by the Senate it would face an uncertain fate on the desk of Gov. Brian Schweitzer, a Democrat.

Mr. Schweitzer has said he believes the laws need to be tightened, but he has not taken a position on repeal. His spokeswoman, Sarah Elliott, said in an e-mail, “The business has gotten out ahead of the regulatory environment, and we need to build some boundaries.”

But in the voices of the lawmakers on Thursday, the weight and passion of the issue were evident.

“We tried prohibition,” said Representative Diane Sands, a Democrat. “Marijuana has been in our community for years; it is not going away,” she added. “We have to deal with that fact.”

Other states and cities are also wrestling with the question of what medical marijuana is, or should be. New Mexico’s new Republican governor, Susana Martinez, expressed interest in repeal this year. Colorado is formulating some of the most detailed rules in the nation for growing and selling. Lawmakers in New Jersey have jousted with the governor over regulation.

And although party line positions have defined the issue in Montana, with Republicans mostly lined up in favor of restriction or repeal, there is widespread agreement among legislators and residents that medical marijuana has become something very different than it was originally envisioned to be.

Sixty-two percent of voters approved the use of medical marijuana in a statewide referendum in 2004. But the real explosion of growth came only in the last year, after the federal Department of Justice said in late 2009 that medical marijuana would not be a law enforcement priority.

Since then, the numbers of patients have quadrupled to more than 27,000 — in a state of only about 975,000 people — and millions of dollars have been invested in businesses that grow or supply the product.

Here in Helena, at least 16 other bills in addition to the repeal measure have been filed or drafted since the legislative session began last month, calling for everything from a marijuana tax to another voter referendum.

“I’ve lobbied every session since ’81, and I’ve never seen an issue as fluid as this,” said Tom Daubert, an advocate for medical marijuana and an author of the 2004 ballot measure. “It changes by the minute, by the hour, by the day.”

But in a huge, mostly rural state where a libertarian, keep-government-off-my-back spirit runs deep, the debate is also different in temper and geography than in other states. Marijuana, many people here say, has intensified suspicions between the two Montanas that are zipped together by the Rocky Mountains — conservative ranching and agriculture country to the east, liberal college towns and tourist communities to the west.

The change in the pattern and scale of medical marijuana use across Montana has coincided with a seismic change in politics here, where Republicans surged from a 50-50 tie in the House before last November’s election to a 68-to-32 majority now. Republicans have a 28-to-22 majority in the Senate.

Several House members who spoke against repeal said the Legislature, by declining in past years to take up bills that would have regulated or controlled medical marijuana when its use was not so widespread, had only itself to blame.

“We had many years to regulate something that 62 percent of Montanans wanted, and we chose to do nothing,” said Representative Pat Noonan, a Democrat. “Don’t vote against the citizens.”

 

[MediMary]

republicans*assholes
Who cares what the voters want we make the laws!

 

[KennyPowers]

This sets a bad precedent for other states imo. Things are blowing up just as fast if not faster here in MI. Hopefully we hold it together. Fingers crossed.

 

[Luck Dragon]

I sure don't believe for one minute they are going to pass the repeal bill. It is already out of the bag and it is never going to go back in no matter what these politicians try to change it always boils down to the lining of certain peoples pockets with cash and incentives we are just not in the loop.In this case they are in a state were the citizens are heard and can actually implement bills of this such nature.Now there are over 27,000 of us we can put up any initiative we want to as a whole and we can certainly vote in and out who we want. It is a very impressive thing to have an 80 to 20 percent turn out in opposition to a bill like this and politicians can say all they want how people" didn't know what they were voting for" because we can use that to our advantage saying "do these politicians really know what we want we are not IDIOTS we know how to read!!!"There was a 62 percent turn out do honestly think that even more people are going to turn out for the voting in a private booth. Its one thing to stand up in public and announce for some people than it is to do in private we just need to stand together as a whole and if shit does hit the fan so what you don't think were gonna do this again in 2 years and again and agin after that. The people here have spoken and will again always in favor of Medical Marijuana! Or at least me and my peps will be!

 

[JeromeGarcia]

Sorry to hear about the goin downs in Montana..

The nerve of the Legislators - attempting to over ride the expressed will of the people.

Hang'em high boys - hang'em high with their own actions come election day.

~Much love from Colorado. Don't give up the fight.

 

[JeromeGarcia]

Here's an idea.

Make a campaign contribution of $4.20 to House or Senate Members who you think may be a deciding vote.

Money talks BS walks.

A $4.20 campaign contribution would send a UNMISTAKABLE signal where you stand. While being very affordable........


* I do not live in Montana, so I do not know is this is legal, or whatever..... just tossing in my $4.20....

 

[hotRod]

come on people !!!!!!!!! speak out
I hope the 27,000 card holders are sending emails, letters, phone calls etc to these polititions

I have sent several emails and letters
Milburns office won't respond to me

 

[Seamaiden]

And you're registered to vote...? That's pretty bad. Even Dan Lungren responds to me every time. Look up his name in association with Proposition 215. Last year my husband got him to admit that, on a Constitutional level, on a basic rights level, keeping cannabis illegal is wrong. Fecking pols.