Bill Seeks To Limit Use of Medical Marijuana

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  Bill Seeks To Limit Use of Medical Marijuana

Posted by CN Staff on February 08, 2011 at 20:11:00 PT
By Charles S. Johnson, Gazette State Bureau  
Source: Billings Gazette 

Helena, MT -- A Roundup legislator said Tuesday that he is sponsoring a Republican backup bill that would greatly limit the number of medical marijuana users in the state and squeeze millions of dollars of profits out of the current system.Rep. Tom Berry said his House Bill 429, introduced this week, would come into play only if HB161, by Speaker Mike Milburn, R-Cascade, fails to survive. Milburn's bill, expected to be debated on the House floor later this week, would repeal Montana's 2004 voter-approved law legalizing medical marijuana.
Berry said his bill is patterned off an Alaska law. In Alaska, a state with a 2010 population of about 721,000, only 339 medical marijuana cards had been issued in 2010, according to the state's Bureau of Vital Statistics.Montana, in contrast, has nearly 28,400 medical marijuana cardholders through January 2011 in a state with a 2010 population topping 994,000.A hearing on HB429 is set for 3 p.m. Friday before the House Human Services Committee."The crux of the bill really is to take it down to what the voters asked for," Berry said."The voters allowed medical marijuana, but the voters did not go for all these caregivers and shops, and these big growing operations," he said. "This bill is taking all these big growing operations right out of the formula."A leading medical marijuana supporter, Tom Daubert, expressed disappointment over Berry's bill, while acknowledging that the current law needs fixing because of some unacceptable abuses."He thinks it's important that few people be allowed to be cannabis patients," said Daubert, an author of the 2004 ballot measure and founder of Patients & Families United."My goal, in contrast, is to fulfill voter intent to protect genuine patients without regard to how many that is."Daubert also voiced disappointment that House leaders "don't really want to work on a consensus on fixing the law to meet all concerns by law enforcement, local governments as well as patients.""Instead, they seemed focused on punitive approaches from repeal to near repeal," Daubert said, suggesting they instead ought to take up HB68, by Rep. Diane Sands, D-Missoula, which an interim committee prepared.Here's how Berry's bill would work:"Your treating physician has to validate that you need medical marijuana," Berry said."He's got to validate that he's used other sources of pain medication, which did not work. Then you take that to a district court, and the judge would give you an affidavit saying you are exempt from the banned-substance law for marijuana."Doctors would have to specify the appropriate length of time for patients to use medical marijuana, up to a year, and certify they will continue to serve as their patients' treating physicians.The physicians would have to supervise the patients' use of medical marijuana and "evaluate the efficacy of the treatment."Physicians found guilty of providing false information on affidavits could be face a maximum penalty of 10 years in prison and a $10,000 fine.Patients could grow their own medical marijuana or certify their caregivers, listing the addresses where the caregivers will grow the pot.Caregivers would not be approved by the court if they had been convicted of a felony or were under supervision of the Department of Corrections or a youth court.Caregivers could grow medical marijuana for only one person apiece with a court order, unless they are simultaneously caring for two or more persons who have obtained court orders allowing them to grow medical marijuana and they are related to the patients by blood or marriage.The bill also would forbid the use of telemedicine by physicians to obtain information for patients needed to issue the affidavit.In addition, HB429 would allow law-enforcement officials who suspect people are driving impaired to administer blood tests.Berry also would ban the use of medical marijuana in schools or on school property, or in plain view of the public. Landlords would not be required to allow tenants to use medical marijuana."So what we're doing is we're taking the money factor totally out of this deal," Berry said.Source: Billings Gazette, The (MT)Author: Charles S. Johnson, Gazette State Bureau Published:  February 8, 2011Copyright: 2011 The Billings GazetteContact: speakup billingsgazette.comWebsite: Medical Marijuana Archives 

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Comment #33 posted by Hope on February 12, 2011 at 19:23:43 PT
Way to go Canis420!
Maybe you helped shut 'em down. One less bureau of punishers riding the government gravy train!That's good news.
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Comment #32 posted by FoM on February 12, 2011 at 07:24:02 PT
Thank you. I hope your new Governor turns out to be a good one. I find it very hard to have any faith in a Republican. We now have a Republican Governor and my is he doing a bad job already.
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Comment #31 posted by Canis420 on February 11, 2011 at 22:57:04 PT:
Crosses to bare (FOM)
You and Stick stay strong. Runruff has some good advice. Just wanted to add my blessings. A note of positivity, the new republican governor of Fl. did away with the office of drug control policy. Five ppl lost their job including the idiots who answered my letter to the previous guv.
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Comment #30 posted by Sam Adams on February 11, 2011 at 07:09:09 PT
good news
FOM very happy to hear your husband's situation is looking the healthy diet & stuff, I've had to make some serious changes in the last few years. I've found it's a lot easier to make one change at a time and get used to it, then move on to the next change.  Trying to change everything at once is too difficult. i.e. after a few weeks of reducing alcohol it didn't seem hard anymore, then I moved on to reducing salt, then sugar, etc.
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Comment #29 posted by Had Enough on February 10, 2011 at 20:50:13 PT
I’m really-really glad Stick is ok, believe me…I really do.I’ve been thinking of place and the brothers and sisters that make this place what it is, everyday too.I also check in almost everyday but I had some things happen in my life, and didn’t make any posts.It was the Holidays…so I didn’t want to cast a pall upon this special place... at the time.Click here to see…
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Comment #28 posted by FoM on February 10, 2011 at 18:27:15 PT
Museman and Hope
Thank you. I just had a wonderful talk with BGreen. We have good people here on CNews.
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Comment #27 posted by museman on February 10, 2011 at 17:27:29 PT
FoM, Stick,
Good news. Prayers answered.I am happy that the worst was only feared, but not actual.Like runruff said; good food, good exercize, and good herb. No tobacco, alcohol, or refined foods -if possible.Peace and Love.
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Comment #26 posted by Hope on February 10, 2011 at 17:03:25 PT
"stabilized by his medicine"
I'm thankful, too. I know you dreaded him having to have surgery.I'm thankful, too.
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Comment #25 posted by FoM on February 10, 2011 at 16:31:23 PT

No more heart damage but confirms the heart damage from March of 09. Once the heart is damage it always shows up he said. I am mentally exhausted. I am so happy that his condition has at this point been stabilized by his medicine.Gloovins, It's good to see you and thank you.
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Comment #24 posted by Hope on February 10, 2011 at 16:21:33 PT

The news is better... so far...
At least, apparently, there was no heart attack the other day and no damage from it being untreated.That seems like really good news.
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Comment #23 posted by gloovins on February 10, 2011 at 16:16:14 PT

Hope Stick makes it thru ok...sending good vibes his -- and Hope you too -- way from the west coast california...I wish the whole country had our Prop 215 law. It provides access to so many and is really such a good thing. Much peace to all...

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Comment #22 posted by FoM on February 10, 2011 at 15:53:40 PT

We're Back
What a day. The Cardiologist confirmed that Stick has heart damage from the heart attack in March of 09 but he didn't have another heart attack. Thank you for your love and support.Had Enough it is so good to see you. I think about you almost everyday and was worried.
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Comment #21 posted by BGreen on February 10, 2011 at 14:25:06 PT

FoM and Stick
You've been in my thoughts and prayers all day. I'm praying that the news is better than you thought.Bud
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Comment #20 posted by Had Enough on February 10, 2011 at 10:22:55 PT


I hope everything goes well…

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Comment #19 posted by museman on February 10, 2011 at 09:11:38 PT

This is a travesty
How do you stop 'other people' (not in the club) from getting empowered? Legislate their rights and privilege into hoops and hurdles that consume so much time and energy, only the ones who have money and connection can implement the liberties.So the people vote in a law for their own sake, what do you do to negate their efforts?Act like they are all stupid, and should never had any rights to begin with. Hold legislative sessions that they can not attend, rebut, or challenge in any significant way, and just simply rewrite the 'law' to favor whatever your Status Quo pleasure might be.And yet, it seems to me that they may be right, in their assessment of the people; If after all the pillaging, destruction, wars, and theft of liberty and rights that has happened in the past few decades (comparatively speaking) by this 'class' of amerikans, the people continue to vote for the same ilk, over and over again, I dare say the people may be stupid after all.The catch 22s' they have set up all around the valiant efforts of honorable people still trying to make the system work, are woven so thick and pervasive in the setup to make sure lawyers (and their uber-wealthy class masters) rule and every one else serve that rule, that to change it is impossible without taking down the infrastucture that supports it; namely Capitalism, Materialism ("Mammon"), and propriety.Travesty continues, even as we struggle to get out from under the thumb of these monsters.As for liberty; A bird in hand is worth two Bushes, a Clinton, or the entire Government and its attempts to lie, cheat, steal, and murder its way into perpetuity.Take it, use it, or lose it.LEGALIZE FREEDOM
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Comment #18 posted by Graehstone on February 10, 2011 at 08:10:58 PT

Family Feud Answer
Don't know if anyone saw this, but I loved it.
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Comment #17 posted by aslader on February 10, 2011 at 07:39:32 PT:

down with berry
It disgusts me to know that the fine state of Montana is still home to cunts like Rep. Berry. His contrast of our states medical marijuana laws to that of Alaska's is fallacious and ignorant. Alaska decriminalized minor possession for adults years before our act even saw the 2004 ballot. we do not need legislators in our state deciding who gets what medicine. that's a job theyre unqualified for, and their flaming incompetence is polluting the entire capitol..I can smell it 200 miles away.
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Comment #16 posted by FoM on February 10, 2011 at 06:30:05 PT

Thank you. It is going to be a very long day. The hospital is about 140 miles one way. Since his C&P said on January 18th when we got the report on the 3rd of February that he was having another heart attack during the nuclear stress test (they stopped the test) we just don't know what is ahead. We know it could wind up being By Pass Surgery. It's time to go now.Stick said Good Morning and thank you very much.
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Comment #15 posted by runruff on February 10, 2011 at 06:05:54 PT

FoM, tell stick for me;
He can come out the other side of this better than he has been in a long time. Just do the right things, no alcohol, tobacco, eat right [mediterranean] and walk one hour every day without fail and I will personally predict that in one year he will be very good to good as new!I am with my fellow veteran in spirit, all the way!
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Comment #14 posted by FoM on February 10, 2011 at 05:43:57 PT

Just a Note
Hopefully by later in the day we will know what is going on. I would be very surprised if they don't admit Stick for a minimum of a heart cath. As far as capitalism goes it is a heartless way to run a country. The VA system is far from perfect but I am grateful that disabled Veterans have the service available and get seriously annoyed when any politician tries to cut the funding. If the shoe was on their foot they would change their views quickly.Say a little prayer that all goes well for us please. PS: I have a little time to look for news and will post an article before we go if I find one.
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Comment #13 posted by runruff on February 09, 2011 at 22:44:36 PT

It is the bottom line that matters... this capitalist society. Bean counters never confront the faces behind the numbers where their only religion is the "bottom line"!I read a book "The Sociopath next door" written by a PhD. His research showed him that about 25% of Americans are sociopath personalities and are concentrated in certain jobs and professions. You can probably sort them out your own self?Lawyers, politicians and cops are a concentrated cesspool of sociopaths.
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Comment #12 posted by Hope on February 09, 2011 at 21:20:54 PT

Not wanting to help our own veterans
that were hurt by Agent Orange is obscene, to me.It's just obscene to think that there are Americans that do not support caring for our own war wounded. Integrity and honor are important. 
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Comment #11 posted by FoM on February 09, 2011 at 20:10:39 PT

I agree with you. It costs a lot of money to help the Veterans but the war in Vietnam cost a lot of money too. The thing is like the old song says.***There's plenty good money to be madeBy supplying the Army with the tools of the trade***Damaged soldiers don't make any money for the powers that be.
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Comment #10 posted by BGreen on February 09, 2011 at 17:55:31 PT

How much it costs to treat Veterans?
If only they gave a damn about how much the actual wars cost that they send these young men and women into.Bud
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Comment #9 posted by FoM on February 09, 2011 at 17:13:53 PT

Senator Webb is seriously disliked by Vietnam War Veterans. He was concerned about how much money it would cost if IHD even though proven was connected to Agent Orange. The research was extremely detailed and he stalled it for awhile but lost in the end. He was in Vietnam and that was a low blow.
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Comment #8 posted by Hope on February 09, 2011 at 16:35:31 PT

Prison and sentencing reform
I had great hope for such, too... but obviously... the haters... like Grassley, who vowed, viciously, to fight reform efforts, still have the power to overwhelm anyone who tries to give people back their freedom and to diminish the power of the prison industrial complex.Very disturbing.
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Comment #7 posted by FoM on February 09, 2011 at 10:11:58 PT

OT: Senator Webb
He won't be running again. I had such hopes for him caring about prison reform and then he had to fight Vietnam Veterans that had IHD and stall the process. How many Veterans died while waiting? I don't care what he was trying to do for our causes after what he tried to to these very sick Vietnam Veterans and thank goodness he didn't succeed.
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Comment #6 posted by Hope on February 09, 2011 at 10:10:30 PT

How can they hate cannabis and the people
that use it so badly?

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Comment #5 posted by FoM on February 09, 2011 at 08:59:24 PT

I am so very sorry to read what happened to you.
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Comment #4 posted by Hope on February 09, 2011 at 08:41:06 PT

I'm so sorry. 
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Comment #3 posted by museman on February 09, 2011 at 07:56:33 PT

We were all dreaming - until we woke up. Unfortunately those still able to maintain their comfort zones, seem unaware of the fascist state of america.Reminds me of Nazi Germany just before they stopped messing around and just got down to extermination.And yes this has been going on for a long time, all over this country. Some people think because they aren't 'hippies' or black people, or poor, that this corruption known as 'government' is actually on their side!Rude awakenings in the forecast.LEGALIZE FREEDOM
Cops Of Amerika
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Comment #2 posted by por1 on February 09, 2011 at 07:24:09 PT

That happens many times every day in every state.This is to protect the "good" population [sheeple].They will not be happy untill everyone who dissagrees is locked away.Dont you feel secure?
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Comment #1 posted by rchandar on February 09, 2011 at 03:42:39 PT:

An Experience, Recent
Hello--I thought I'd share an experience with all of you. It happened recently.I was driving on I-95 and thought of visiting a friend of mine. He told me to meet him outside a restaurant down the street from him. As I was reading text messages on my cell, a sheriff pulled up. I told him that I was just using my cell phone to check e-mails.He put on his lights and "pulled me over." Then he instructed: "get out of the car. Put your butt on the car."And he handcuffed me right there. No justification.In the ensuing hour, he and three other cops tried to extract the information: that I was going to buy drugs from this "friend." Searched my car. Read me my Miranda, and told me that, with a pipe that I said was an old relic, they could put me in jail for three years. Finally after an hour they let me go.As I stood there with my hands cuffed and looking down, I mumbled a few prayers. I couldn't believe the insinuation that got me cuffed: "loitering." They joked: "you could scrape the resin off his thumb and get high."I grew up in this country. And believed she was a "free" country where people "had rights." In the hour of questioning, there was only one point: they wanted to know who the seller was. Aside from being horrified by the outrageous brutality of these people, I just wanted to let you all know that the police are horrible individuals who don't care about your rights or the citizens. I had eaten at this restaurant, but that didn't matter. I could've parked my car just to get some rest from driving, that didn't matter. Such outrageous tactics and scare-driven behavior.America is not a free country. Good luck, everyone.rchandar
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