Pubdate: Tue, 27 Apr 2010
Source: Billings Gazette, The (MT)
Copyright: 2010 The Billings Gazette
Contact:  http://www.billingsgazette.com/
Details: http://www.mapinc.org/media/515
Author: Mike Dennison, Gazette State Bureau

MANY DRUG OFFENDERS ON PROBATION HAVE MEDICAL-MARIJUANA CARDS

Medical pot gets full airing with panel

HELENA -- From police to physicians to patients, a  legislative panel
Tuesday got an earful on the problems  -- or possible fixes -- that
face the state's  medical-marijuana scene, which has seen an explosion
in  the number of users.

Law-enforcement, school and city officials said the  huge growth in
patients certified to use medical  marijuana in Montana has exposed
numerous legal  dilemmas, as they try to balance the state law
allowing  its use against antidrug laws and efforts.

Lewis and Clark County prosecutor Mike Menahan of  Helena said most of
the felony drug offenders on  probation or parole in his county have
medical-marijuana cards, essentially allowing them to  use drugs in
violation of the terms of their release.

"I see that as a terrible problem and a huge loophole  in the law,"
said Menahan, who is also a legislator.

Even some of the strongest supporters of Montana's  medical-marijuana
law said Tuesday it needs some  changes to protect against its abuse.

Yet supporters also told the Children, Families, Health  and Human
Services Interim Committee that people with a  legitimate medical need
for marijuana need to be able  to obtain the drug without fear of
being arrested or  harassed by law enforcement.

"This law is about compassion, liberty, health and  patient's rights,"
said Tom Daubert, director of  Patients and Families United, a group
representing  medical-marijuana users. "I think it's very important
that we make it work."

Montana voters enacted its medical-marijuana law in  2004 by passing
Initiative 148, with 62 percent in  favor.

It allows people with a "debilitating medical  condition," as
certified by a physician, to obtain a  state registry card allowing
them to possess up to one  ounce of marijuana for medical use.
Patients with a  card can designate a "caregiver" who can legally
supply  marijuana to one or more patients.

Since June 2009, the number of registered patients in  Montana has
jumped from nearly 3,000 to more than  12,000. Businesses growing and
supplying medical  marijuana have sprung up around the state, and some
  have organized trav-eling "clinics" at which people can  line up to
see physicians to become certified as  patients.

Rep. Diane Sands, D-Missoula, who chairs the interim  committee, said
Tuesday it wants to hear all sides of  the issue so it can "bring some
order to the chaos at  the moment" and recommend proposed changes to
be  forwarded to the 2011 Legislature.

Marijuana growers and their representatives testified  that the law
does create ambiguities on what's legal  and what's not. But they said
medical marijuana has  become a legitimate industry in the state, with
  "secondary service providers," like chemists, bakers  and couriers,
and that most of those involved are  trying to follow the law.

"Take the time to come and look," said Rick Rosio of  Montana Pain
Management in Missoula. "Our doors are  open to you. Our growing
operations are open to you."

Daubert, however, said voters who passed I-148 didn't  think they were
voting for "open smoking or public use  of cannabis," traveling
clinics or large growing  operations in residential
neighborhoods.

Sen. Jim Shockley, R-Victor, asked whether supporters  would object to
registering marijuana-growing sites  with the state, listing the
patients served by  caregivers, requiring records of all marijuana
transactions or a list of physicians certifying  patients.

Jim Gingery, executive director of the Montana Medical  Growers
Association, indicated that most of those  changes might be
acceptable, as long as the privacy of  patients is preserved.

Powell County Attorney Lewis Smith suggested that the  program be
regulated by the Department of Labor and  Industry, by a professional
board appointed by the  governor, so it could react more quickly to
problems  rather than waiting for the Legislature to address  things
every two years.

Much of Tuesday's testimony focused on how the law can  create
conflicts with other laws or policies, such as  those forbidding drug
use at schools.

Aaron Bouschor, an attorney with the Montana School  Boards
Association, said questions are being raised  about whether students
who have a medical-marijuana  card can participate in extracurricular
activities,  which forbid drug use by participants, or whether they
can use medical-marijuana products during the school  day.

"We are still in the Wild West, figuring out just what  the scope is
with medical marijuana," he said.

And some came to testify that the law needs to be  tightened to
prevent its abuse by people who clearly  don't need marijuana for
medical purposes and who are  abusing an illegal drug.

Kay Parmiter of Missoula noted that many recently  certified patients
are people between the age of 21 and  30, and she doubts they have
legitimate "debilitating  conditions" that need medical marijuana. She
said her  22-year-old son is a "marijuana addict" who obtained a  card
so he can legally obtain the drug.

"Close the loopholes for our youth," she said. "Stop  people from
profiting from our youth." 
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