Pubdate: Tue, 24 May 2011 Source: Missoulian (MT) Copyright: 2011 Missoulian Contact: http://www.missoulian.com/ Details: http://www.mapinc.org/media/720 Author: Charles S. Johnson, Missoulian State Bureau MONTANA HEALTH DEPARTMENT SAYS IT STOPPED ISSUING CARDS HELENA - The state Health Department is still receiving applications, but has issued no new medical marijuana cards since May 13, the day before a tough new law took effect, officials said Tuesday. "We will not issue any cards until June 1, when the next phase of the law triggers in," said Roy Kemp, an official with the Department of Public Health and Human Services. The new applications can't be processed until the new system under the new law is in place, Kemp said. "There are no new applications, no new cards, no renewal cards, no loss replacement cards, whatsoever," Kemp said. Department spokesman Jon Ebelt concurred, saying, "The department is in compliance with the law, and we're not processing applications." "That's great news," said Senate Majority Leader Jeff Essmann, R-Billings, sponsor of the new law, Senate Bill 423. "I wish their website indicated it. It still has got that they're continuing to process them until June 20. "If they are complying with SB423 and suspending issuance of cards and do not intend to resume issuance until June 1, I'm happy with that." There has been some confusion over implementation of the law since the Legislature passed Essmann's bill, and Gov. Brian Schweitzer let it take law without his signature. The Associated Press last week quoted Kemp as saying it wasn't feasible to stop issuing medical marijuana cards while the state shifts to the more restrictive new law. As a result, he said then, the agency would continue to process hundreds of applications for medical marijuana cards. On Tuesday, Kemp said the agency hadn't issued any cards since the law took effect May 14. His comments quoted by the AP raised some eyebrows among some people. In a legal opinion written May 19 for Lewis and Clark County Attorney Leo Gallagher, Deputy County Attorney Jeremy Gersovitz said, "In conclusion, after spending one hour on this matter, I can find no authority in SB423 for DPHHS to continue to issue medical marijuana cards unless they have proceeded under emergency rules." Kemp said the department will issue cards again once the emergency rules are in place. The department was given emergency rulemaking authority under the law, but hasn't adopted rules yet. The new law repeals and overhauls the state's 2004 voter-passed that legalized the use of marijuana for certain medical purposes. SB423 is intended to greatly restrict the availability of medical pot by banning growing facilities and requiring cardholders to either grow it themselves or obtain it from a provider who cannot charge for it and can only grow for up to three people. In addition, the law imposes much stricter provisions for people to be authorized to use medical marijuana for "severe chronic pain," which is by far the most the most common medical reason claimed by those obtaining cards. The number of medical marijuana cardholders in Montana shot up from about 4,000 in September 2009 to more than 30,600 today. Meanwhile, federal authorities have raided a number of large medical marijuana growing operations around the state. The recently formed Montana Cannabis Industry Association has mounted a two-pronged attack on the law. It has filed a lawsuit seeking to have the law declared unconstitutional. The group also is planning to mount a signature-gathering effort aimed at suspending the new law until Montanans can decide its fate in a referendum November 2012, if they get enough signatures. - --- MAP posted-by: Richard R Smith Jr.