Pubdate: Sat, 19 Mar 2011
Source: Montana Standard (Butte, MT)
Copyright: 2011 Montana Standard
Contact:  http://www.mtstandard.com/
Details: http://www.mapinc.org/media/609
Author: Nick Gevock
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

MEDICAL MARIJUANA IN MONTANA: RAIDS NO CHANGE IN POLICY

The raids this week on marijuana growing operations and shops does 
not mean the Obama administration has abandoned its policy of leaving 
legitimate medical marijuana patients and providers alone, the U.S. 
attorney for Montana said Friday in Butte.

"The policies of the Department of Justice have not changed," Mike 
Cotter, Montana U.S. attorney, told more than 60 lawyers gathered for 
a meeting of the state bar.

Cotter's comments came during an all-day update on the status of 
Montana's medical marijuana law. The measure, approved by voters in 
2004, made it legal for patients with terminal or serious illnesses 
to possess and use marijuana, as well as for caregivers to grow and provide it.

But since the measure was approved, many people have complained and 
numerous people have made a mockery of the law by faking medical 
conditions. And caregivers have sprung up statewide, some with 
thousands of patients.

This week federal officials served 26 search warrants on marijuana 
producers throughout the state, seizing cash and other items.

Cotter, in his comments, was referring to an October 2009 memo from 
Deputy Attorney General David Ogden in which he stated that federal 
officials would not put their efforts into cracking down on 
legitimate users of medical marijuana. The drug is still against 
federal law, but 15 states and the District of Columbia have passed 
measures making marijuana legal for medicinal use.

The Justice Department, however, stated clearly that marijuana 
remains illegal and it would crack down on growers and distributors 
who were abusing medical marijuana laws, said Cotter.

"When the Attorney General visited here in February, he stated 
illegal sale of marijuana under the guise of medical marijuana will 
be prosecuted," Cotter said. "That is the policy."

But lawyers at the meeting peppered Cotter and two state officials 
with questions about how the federal policy affects them. They said 
it is clear that marijuana is illegal in the federal government's 
view, yet Montana state law allows its use.

Several questioned whether they could lose their legal licenses if 
they consulted people involved in marijuana production.

Betsy Brandborg, counsel for the State Bar of Montana, said lawyers 
are safe as long as they point out federal law while giving advice 
about Montana's medical marijuana statute. She brought up an example 
from Oregon in which a lawyer was grossly negligent and had his 
license suspended for 90 days, but still wasn't disbarred.

"I would give them a copy of the Ogden memo and say 'I am advising 
you that no state can authorize violation of federal law,'" Brandborg said.

But one member of the crowd asked Cotter if leasing property to a 
grower could constitute conspiracy to produce drugs, which Cotter 
wouldn't answer. Other lawyers questioned whether drafting contracts 
for business owners could also be construed as breaking federal law.

John Kauffman, a Bozeman lawyer, said U.S. history is rife with 
examples of lawyers using cases to test laws and medical marijuana 
should be no different.

"If (we) can't push the envelope to advocate change, then I think 
we're doing our professions a disservice," he said.
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MAP posted-by: Jay Bergstrom