Pubdate: Wed, 08 Jun 2005
Source: Casper Star-Tribune (WY)
Copyright: 2005 Casper Star-Tribune
Contact:  http://www.casperstartribune.net/
Details: http://www.mapinc.org/media/765
Author: Jennifer McKee, Lee News Service
Cited: Gonzales v. Raich ( www.angeljustice.org/ )
Cited: Marijuana Policy Project ( www.mpp.org )
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/topics/Raich ( Raich v. Gonzales)

MEDICAL MARIJUANA STILL LEGAL IN MONTANA

HELENA -- Montanans who smoke doctor-recommended marijuana can be
prosecuted on federal drug charges, the U.S. Supreme Court ruled
Monday, although Montana's top law enforcement officer said
pot-smoking ill Montanans wouldn't face state charges.

The nation's top court ruled 6-3 Monday that state-passed medical
marijuana laws, like Montana's, don't protect users from federal
prosecution or federal prison time.

Montanans overwhelmingly passed Initiative 148 to legal medical
marijuana last November by a 62-38 percent margin.

Attorney General Mike McGrath said Monday that law is still valid and
the 119 Montanans who have since registered with the state to lawfully
use medical marijuana will not be prosecuted. McGrath further said
that state officers, even if they were funded with federal dollars,
would not go after lawful medical pot smokers in the state.

"We still have a valid law and certainly that would be a defense to
any state prosecution," McGrath said. "I'm quite sure no county
attorney would consider filing a (marijuana) case under these
circumstances."

McGrath said he didn't think local authorities would investigate
medical marijuana cases. Even if they did, he said, "Once they found
out the person was following the provisions of I-148, we will advise
our drug investigators that that's the end of it."

Still, McGrath said Montanans face a conundrum: While those who are
registered with the state to lawfully use marijuana for medical
reasons wouldn't face hard time at the state prison in Deer Lodge,
they could be prosecuted federally and end up in a federal prison
because of the U.S. Supreme Court decision handed down Monday.

"I'm not sure I have any advice," McGrath said for Montanans caught in
the bind.

The court's majority opinion held the federal government has the right
to enforce its own drug laws even if they run counter to state law
because medical marijuana laws could affect illegal drug trade between
states. The court further ruled that Congress could clear up the
confusion by creating an exemption in federal drug laws for medical
marijuana.

Currently, 10 states, including Montana, have legalized medical
marijuana.

Bruce Mirken, director of communications for the national Marijuana
Policy Project, called the ruling a "disappointment, but not a
setback" in a telephone interview Monday.

"This essentially leaves things as they've been," Mirken said. "State
medical marijuana laws, such as Montana's remain in full effect and
all protections they provide marijuana patients are in place."

Mirken urged Congress to pass an exception to the nation's Controlled
Substances Act that would allow states to make up their own minds on
medical marijuana.

U.S. Attorney for Montana Bill Mercer said the decision allows his
office to again prosecute people who use medical marijuana. Federal
law enforcement in many Western states stopped prosecuting such cases
in December of 2003. That's when the 9th U.S. Circuit Court of
Appeals, which oversees Montana, ruled federal drug laws
unconstitutional when they ensnare people who are lawfully using
marijuana grown and used within the borders of a state that has
legalized medical marijuana.

Mercer went on to say that while his office now can prosecute such
people, medical marijuana is not tops on his priority list.

"Our priorities are (drug) production, manufacture and trafficking,"
he said.

When asked if he would seek the list of 119 Montanans registered with
the state to legally use medical marijuana under the state's law,
Mercer reiterated his agency's top priorities. He did not say either
way if he would seek the list.

Mirken said congressional clarification of the issue could come soon.
He expects two representatives next week to propose a change to a
pending law that would forbid federal authorities from spending money
on chasing people lawfully using medical marijuana.

U.S. Sen. Conrad Burns, R-Mont., said he would give a "hard look" at
any legislation that preserves the state's rights to make its own decisions.

"Regardless of my thoughts on medical marijuana, the voters in Montana
and these others states have spoken their intent and we should honor
that," Burns said in a prepared statement.

U.S. Sen. Max Baucus, D-Mont., didn't take a position on the
issue.

"The court has ruled, and in our system of checks and balances, we
must respect that decisions," Baucus said. "Should this issue come
before the U.S. Senate, I will review it closely and act in the best
interests of Montana."

Rep. Denny Rehberg, R-Mont., could not be reached for comment. 
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