New Montana Laws Go Into Effect on July 1st for Medical Marijuana

May 5^th, 2011 – Montana – The governor of Montana, Brian Schweitzer, has decide to not even sign off on the new medical marijuana bill, which will pass without requiring his signature this month. The new laws will go into place on July 1^st of 2011, and unless Schweitzer vetoes them, which is highly unlikely, this will drastically change how the medical marijuana program in Montana functions.

The law is called Senate Bill (SB) 423 “Repeal Lite” and will have a tremendous impact upon the state’s now flourishing medical marijuana program. As of July 1^st, the 28,000 lawfully biding medical marijuana card holders will now be considered to be illegally using or possessing marijuana if they don’t follow the new laws to be reissued a medical marijuana card in Montana.

The new law, which was designed to reduce the instances of marijuana being used to treat chronic pain, reads as follows:

SEVERE CHRONIC PAIN THAT IS PERSISTENT PAIN OF SEVERE INTENSITY THAT SIGNIFICANTLY INTERFERES WITH DAILY ACTIVITIES AS DOCUMENTED BY THE PATIENT’S TREATING PHYSICIAN AND BY:

(I) OBJECTIVE PROOF OF THE ETIOLOGY OF THE PAIN, INCLUDING RELEVANT AND NECESSARY DIAGNOSTIC TESTS THAT MAY INCLUDE BUT ARE NOT LIMITED TO THE RESULTS OF AN X-RAY, COMPUTERIZED TOMOGRAPHY SCAN, OR MAGNETIC RESONANCE IMAGING; OR

(II) CONFIRMATION OF THAT DIAGNOSIS FROM A SECOND PHYSICIAN WHO IS INDEPENDENT OF THE TREATING PHYSICIAN AND WHO CONDUCTS A PHYSICAL EXAMINATION.

What this means is that patients now have to get MRIs or other tests completed to document pain, and they also must get a second opinion on that symptom from a non associated doctor.

The most impacting part of the law is:

3) (A) (I) A provider OR MARIJUANA-INFUSED PRODUCTS PROVIDER may assist A MAXIMUM OF THREE REGISTERED CARDHOLDERS….

(6) A provider OR MARIJUANA-INFUSED PRODUCTS PROVIDER may not:

(a) accept ANYTHING OF VALUE, INCLUDING MONETARY REMUNERATION, for any services or products provided to a registered cardholder;

(B) BUY OR SELL MATURE MARIJUANA PLANTS, SEEDLINGS, CUTTINGS, CLONES, USABLE MARIJUANA, OR MARIJUANA-INFUSED PRODUCTS;

2) A LOCAL GOVERNMENT MAY ADOPT AN ORDINANCE OR RESOLUTION PROHIBITING PROVIDERS AND MARIJUANA-INFUSED PRODUCTS PROVIDERS FROM OPERATING AS STOREFRONT BUSINESSES.

SECTION 20.  ADVERTISING PROHIBITED. PERSONS WITH VALID REGISTRY IDENTIFICATION CARDS MAY NOT ADVERTISE MARIJUANA OR MARIJUANA-RELATED PRODUCTS IN ANY MEDIUM, INCLUDING ELECTRONIC MEDIA.

This means that all medical marijuana dispensaries in Montana will be closing and that patients will not have a place or person that they can buy their medical marijuana from.

This new law represents a major setback in the once helpful medical marijuana laws in this state. All opponents should make sure to write their state congress and representative asking for a repeal of this damaging law that takes much needed alternative medicine away from patients who are suffering.