Pubdate: Tue, 25 May 2010
Source: Helena Independent Record (MT)
Copyright: 2010 Helena Independent Record
Contact:  http://helenair.com/
Details: http://www.mapinc.org/media/1187
Author: Jennifer McKee

BILL WOULD NIX MEDICAL MARIJUANA LAW

A prominent Ravalli County Republican lawmaker wants to  overturn
Montana's 2004 voter-passed law that legalized  medical marijuana,
saying the current scheme  controlling prescription pot is fatally
flawed.

Sen. Jim Shockley, R-Victor, on Monday requested a bill  to be drafted
for the 2011 Legislature to repeal the  marijuana law. Shockley said
he believes marijuana has  medical benefits and should remain legal,
only in a  much more controlled way.

"It was a good idea, poorly executed," Shockley said  Tuesday. "I
wouldn't want everybody growing  (prescription painkiller) Percocet,
either."

Some 62 percent of Montana voters approved medical  marijuana by
initiative in 2004. It allows Montanans to  get certifications from
doctors to buy up to one ounce  of marijuana at a time from a licensed
"caregiver." The  state has more than 2,700 licensed caregivers,
according to state information, and more than 15,000  citizens with
medical marijuana cards.

The explosive growth in the industry, coupled with a  handful of
violent acts involving medical marijuana  businesses and growers, has
prompted a crackdown on the  industry around the state in recent
months. City  councils across Montana have voted to suspend new
business licenses for medical marijuana businesses, and  the Salish
and Kootenai Confederated Tribes voted to  outlaw medical marijuana
entirely for tribal members on  the Flathead Indian
Reservation.

Shockley said the current system has no controls for  growing
marijuana, dosage and distribution. He said  there's really nothing
stopping cardholders from  abusing their marijuana and seeking
constant refills.

There has "been uncontrolled use of the drug," he said.  "I think it
breeds lawlessness."

Shockley said an appropriate, controlled system of  medical marijuana
was too complicated for the  initiative process.

Tom Daubert, of Helena, who headed the drive to  legalize medical
marijuana and is now part of a  statewide co-op of growers, agreed
Tuesday that the  current system has problems, but said it shouldn't
be  overturned.

"The law doesn't need to be repealed, but it definitely  needs to be
fixed," he said. "I completely agree that  all growing and dispensing
needs to be heavily  monitored by the state."

Daubert said he supports the work of an interim  legislative committee
now looking at ways of regulating  the industry. He said some medical
marijuana promoters,  namely Jason Crist, founder and executive
director of  Missoula's Montana Caregivers Network, are cynically
exploiting flaws in the law.

Crist has been photographed publicly smoking marijuana.  His network
runs traveling clinics where people can get  medical marijuana cards.

Daubert called those a "factory circus clinic" and said  such
"behaviors are nails in the coffin of this law and  disrespecting the
genuine needs of worthy patients."

Crist said the network's clinics have driven up the  profile of
medical marijuana, but he said they are not  a pot
free-for-all.

"What I'm finding is that caregivers are very  conscientious," he
said. Caregivers "really want to do  everything the right way, which I
attribute to the  kindness and compassion of Montanans for fellow
Montanans."

Crist is not a caregiver, but said he has a medical  marijuana card to
control hemorrhoid pain associated  with Crohn's and celiac disease,
both problems of the  gastrointestinal system. 
- ---
MAP posted-by: Jo-D