Cannabis News NORML - It's Time for a Change!
  Foes of Medical Marijuana Bill Look To Schweitzer
Posted by CN Staff on May 03, 2011 at 19:20:42 PT
By Charles S. Johnson, Gazette State Bureau 
Source: Billings Gazette 

medical Helena -- Medical marijuana advocates are launching a three-pronged strategy -- veto, sue and suspend -- to stop the recently passed bill that would impose far greater restrictions on the industry and make it harder for people to qualify for medical pot use.

First, they are trying to convince Gov. Brian Schweitzer to change his mind and veto Senate Bill 423, by Sen. Jeff Essmann, R-Billings. Schweitzer said Friday he wouldn't veto the bill, but instead would hold his nose and let it become law without his signature. It has not become law yet.

The groups also may file lawsuits to challenge the future law, which would put medical marijuana growers and caregivers out of business by July 1.

Finally, they want to stop the law in its tracks by mounting a referendum to suspend it before it takes effect and let voters decide the its fate on the November 2012 ballot.

"We're still hoping the governor reconsiders his position and reconsiders," said Jim Gingery, executive director of the Montana Medical Growers Association. "The governor's very unpredictable."

Tom Daubert, founder of Patients & Families United, a medical marijuana advocacy group, added: "No question the priority at the moment and the sole focus at the movement is to try to persuade the governor to change his mind."

Montana NORML, which advocates for legalization of marijuana, is organizing a rally Thursday morning in Whitefish, where Schweitzer will speak to the Chamber of Commerce. The group is calling for "a mass of people, dressed in their Sunday best, politely holding 'Veto SB423' signs," its newsletter says.

Schweitzer reiterated Tuesday that he has no intention of vetoing the medical marijuana bill.

He said he has already made his opinion known about SB423 in the amendatory veto he issued last week. A legislative conference committee adopted some but not all of his changes.

Schweitzer said there were only 17 House votes and 15 Senate votes against SB423 for a combined total of 32 votes. He would need 51 votes -- 34 in the House and 17 in the House -- to uphold a veto on any bill.

"The numbers are not there," he said. "That's the end of it."

The second approach is a lawsuit.

"We're going to certainly going to look at legal alternatives to stop the bill from being enacted on a legal basis," Gingery said.

Daubert agreed, saying: "I've certainly asked some of the most experienced attorneys I know to take a hard look at the bill."

John Masterson of Montana NORML said in an email newsletter that "the right legal action, launched in the right jurisdiction, could prevent or delay implementation of SB423."

"My gut feeling is that there are probably 10-plus big growers out there, with a bundle of cash and a top-shelf lawyer ready to do this -- but, please, you guys, slow down and consider this: If multiple suits are launched in different jurisdictions that argue some of the same points, it's possible the suits could be combined to be heard in one court -- which might be the worst court we could be in."

Jason Christ of Missoula, founder of the Montana Caregivers Network, who signed up thousands of medical marijuana cardholders, said in an email that he's preparing a lawsuit against the state and will post it on his website.

"Keep checking back for the documents," he said on his website. "You will be able to use them for court action against the state of Montana. Montana State Constitution says that we can sue the s— out of our government." He cited the right of privacy.

The final option is to obtain enough signatures to put SB423 on the ballot as a referendum in 2012, or, if with signatures, to suspend SB423 before it takes effect. That effort can't begin until SB423 becomes law.

Gingery said the groups are in the process of preparing a referendum so people can begin gathering signatures at the right time. Daubert called this "a natural thing to think of, too."

Montana NORML said the effort may take 100,000 signatures so some 1,000 signature gatherers must be recruited.

It was unclear from the secretary of state's office Tuesday exactly how many total signatures are needed.

A simple referendum requires at least 5 percent of the registered voters in the state to sign the petitions, including those from at least 33 of the state House districts.

Suspending a law passed by the Legislature requires at least 15 percent of the voters in at least 51 of the House districts.

Source: Billings Gazette, The (MT)
Author: Charles S. Johnson, Gazette State Bureau
Published: May 3, 2011
Copyright: 2011 The Billings Gazette
Contact: speakup@billingsgazette.com
Website: http://www.billingsgazette.com/
URL: http://drugsense.org/url/gfsyvXbR

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Comment #14 posted by FoM on May 05, 2011 at 10:07:52 PT
Joseph
I am sorry too about your business but jail is far worse and you can rebuild it all in time when this is all ironed out.

[ Post Comment ]
 
Comment #13 posted by Hope on May 05, 2011 at 09:46:22 PT
josephlacerenza
I'm sorry about your business, too, josephlacerenza. I was so hoping it would be saved.

[ Post Comment ]
 
Comment #12 posted by dongenero on May 05, 2011 at 07:34:27 PT
comment #10
What I take from your comment josephlacerenza, is that Montana is destroying jobs that were created, destroying the value of small businesses that were created and destroying the investments of entrepreneurs who tried to fill this market need and did so in good faith. All while limiting access for he ill, access that had been provided them by voter referendum.

Sorry for your business.

(In all sarcasm now) But, just imagine the jobs that will be created, and the economic boom that will ensue from legalized blackjack of HB423! Joe, you could have been in the business of verifying dice and poker chips imported from China! You're just not in a humanitarian enough mindset. It's not about the sick, it's about maybe hitting it big at the casino!!!

It's all too silly to do anything but mock the legislature, sigh.

[ Post Comment ]

 
Comment #11 posted by Hope on May 04, 2011 at 17:35:13 PT
Comment 4
Sounds like you guys are over it.

[ Post Comment ]
 
Comment #10 posted by josephlacerenza on May 04, 2011 at 14:43:39 PT
Thanks dongenero
Typos happen, SB vs HB, I was just typing too fast!! Did you get the intent of what I was trying to get across?

[ Post Comment ]
 
Comment #9 posted by dongenero on May 04, 2011 at 12:09:48 PT
Montana SB423
It's on this page....SB423, there are several iterations. The last seems to be May 2. It's a senate bill, not house bill.

http://data.opi.mt.gov/bills/2011/sb0499/

Look at it this way, chronic pain sufferers. You can now play black jack without fear of prosecution.

[ Post Comment ]

 
Comment #8 posted by dongenero on May 04, 2011 at 12:00:54 PT
Stopping advertising, democracy and freedom5/13/11
However, the link in comment #7 is for the Montana legislature's hilarious legalization and regulation of the "black jack" gambling game. Not the right house bill but, this is pretty funny one to see.

Legislators....what a job. What a joke. sigh

Gambling?....yes. Democratic voter initiatives? .....unacceptable.



[ Post Comment ]

 
Comment #7 posted by josephlacerenza on May 04, 2011 at 11:25:46 PT
Stopping Advertising in Montana Friday the 13th
You can not be a registered card holder and advertise for you services or business!!

Here in a link to SB 423:

http://data.opi.mt.gov/bills/2011/billpdf/HB0423.pdf

Section 20 is what you are looking for with regards to advertising. The whole thing is a mockery of what we had!

I had sent this email to some of you recently, “…To whom it may concern,

I, Joseph Lacerenza, sole owner of Montana Biotech, do here by sell my company, Montana Biotech, to Steven Graham for the total sum of $1.00, paid in full May 1, 2011. The change in ownership is active immediately….”

I want to explain this move at Montana Biotech to get in front of any rumors that may spring up from this type of drastic move! We all know SOMETHING is coming with regards to medical marijuana in Montana and SB423 if Governor Schweitzer does not VETO. We can look forward with fear or see a vision for tomorrow!



[ Post Comment ]
 
Comment #6 posted by Sam Adams on May 04, 2011 at 08:34:24 PT
Runruff
yes, I see that the Feds are spending $3.7 trillion on revenue of $2.2 trillion - and of course, they're about to vote to allow themselves to borrow even more!

Kind of makes the witchhunt against potsmokers ridiculous! Washington, DC is the world capital of irresponsibility.

Also today I see that sea levels are going to rise by 5 feet in 2100. that will put a nice coda on our crazy, selfish civilization.

[ Post Comment ]

 
Comment #5 posted by dongenero on May 04, 2011 at 07:32:36 PT
Democracy in Montana
Ironic that 100,000 verified citizen signatures are required to overcome this legislation but, only 300 some people expressing opposition to MMJ in a Gazette telephone poll is sufficient to prompt the repeal legislation to begin with.

Democracy is on a sliding scale it seems.



[ Post Comment ]

 
Comment #4 posted by josephlacerenza on May 04, 2011 at 07:01:26 PT
Montana NORML News 5-3-2011
Friends,

This has been a crazy week, and things show no sign of slowing down. The work that countless activists are doing, in something resembling harmony, to preserve safe and legal cannabis access, is truly impressive, inspirational.

Here are some ways you (yes, you) can help us in the next few days:

Volunteer Signature Gatherers: While we continue encouraging the governor to veto SB 423, our coalition is also working on a petition to stop it. We need a small army organized in the next 2 weeks and we still need another 500 volunteers. If you think you can gather 20+ signatures, please step up by emailing your name, city/county and phone number to: norml@montananorml.org -- if this newsletter has been forwarded to you, mention whether you'd like to subscribe.

Go to this silent vigil in Whitefish on Thursday 5/5 at 11:00AM. If you're not on Facebook, the event is at the Whitefish Performing Arts Center, where the governor will be addressing the chamber of commerce. The big idea: hundreds of peaceful demonstrators dressed in their Sunday best with simple black and white signs saying "please veto sb423".

Double check that you are registered to vote here. Forward that link to everyone you know.

Caregivers: Make a plan, but don't shut down, yet. Focus on organizing your patients -- make sure they're all registered to vote and willing to gather a few signatures if needed. Use freeconferencecall.com to organize folks in your area. And take your advertising down by Friday the 13th, as the bill requires. (see section 20 and 40)

Write a letter to the editor: Lots of ideas for things to write about here. For the next few days, at least, the general idea should be that SB 423 is repeal in disguise, and should be vetoed by the governor! Politicians read letters to the editor, get it done if you can. Donate Money. More on this soon.

We'll have much more to say in the coming days. Please stay tuned, and let us know what you're hearing out there.

-- John Masterson Montana NORML - Working to reform marijuana laws in Montana.

Web: http://montananorml.org

Blog: http://blog.montananorml.org

Facebook: http://www.facebook.com/pages/Montana-NORML/178715305628

Twitter: http://twitter.com/mtnorml



[ Post Comment ]

 
Comment #3 posted by runruff on May 04, 2011 at 05:33:04 PT
You can't tell the players without a program.
I want all of my friends to have this handy guide to reference whenever they need to find out who they are dealing with.

http://www.opensecrets.org/

[ Post Comment ]

 
Comment #2 posted by runruff on May 04, 2011 at 05:24:03 PT
The senior tsunami has arrived.
As you read this, someone in America is turning sixty-five every eight seconds.

[ Post Comment ]
 
Comment #1 posted by runruff on May 04, 2011 at 05:21:56 PT
The numbers for March are in.
The fed borrowed six billion dollars per day during March.

[ Post Comment ]

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