cannabisnews.com: Missoula Authorities Work To Establish MJ Protocol Missoula Authorities Work To Establish MJ Protocol Posted by CN Staff on January 04, 2005 at 08:16:00 PT By Colin McDonald of the Missoulian Source: Missoulian A man walks down the steps of a downtown bar smoking a bowl of marijuana. A Missoula police officer spots him and inquires about the pipe. The smoker produces a letter showing he is a "qualifying patient" under the state Medical Marijuana Act. After a few questions, the officer wishes the man a good evening.At least that's how Missoula City Police Chief Bob Weaver describes how a person could be found smoking marijuana in Missoula and not be charged with the misdemeanor of possession. The challenge facing the Weaver, Missoula County Sheriff Mike McMeekin and County Attorney Fred Van Valkenburg is how to move from easily defined scenarios to enforcing a law that's still in its infancy."We are all pretty focused in our commitment that qualifying patients will not be criminalized," said McMeekin. "It's just trying to figure out how to do that is the problem."McMeekin has a list of 26 questions falling under seven different categories about how he and his deputies are to interpret the new law, which went into effect Saturday. The questions include: What will the registration cards look like? Must patients and caregivers possessing pot be Montana residents? Where will the marijuana come from, and how can patients legally obtain seeds?"Our principal rule is to make sure we don't prosecute someone who we are not supposed to," Van Valkenburg said.Until he has answers, McMeekin has issued a temporary order to his deputies saying, "No enforcement action relating to the purchase, possession or use of marijuana by any person claiming or believed to be a qualifying patient or caregiver will be undertaken by any employee of this department without the prior consent of the Missoula county attorney or upon orders by a court of competent jurisdiction."What that means in practice is that McMeekin will trust his deputies to evaluate each situation and take appropriate action. Weaver said he will take a similar approach.If a deputy pulls over a car on the highway because of a broken tail light and discovers a small bag of marijuana in the driver's glove compartment, it will be up to the officer to decide what action to take, McMeekin said.If the driver is not under the influence of the drug, can show proof of being registered as a qualifying patient, and there are no suspicious circumstances, the officer may just record the pertinent information and let the driver go.But if the officer is for some reason suspicious, a ticket will be issued and the driver must plead his or her case in court. Possession of less than 60 grams of marijuana is a misdemeanor."It would be like not having insurance," said narcotics detective Tom Lewis. "You would just go to court to show the paperwork."However, Van Valkenburg said, if someone lies about being on the registry, they could be charged with obstructing an officer. Both he and Lewis expect a rash of such claims and attempts to falsify documents.But until the registry is created, law officers will treat pot possession as they have in the past. As yet, no applications to qualify for medical marijuana have been returned to the Montana Licensure Bureau, which is charged with creating the registry for the state Department of Health and Human Services.As of Monday, the bureau had sent out 92 applications and had 10 more waiting for the afternoon mail. If any of those applications are returned, the bureau will have five days to determine if the individual qualifies and then 15 days to issue a card.Once the cards are issued, the real test of the new law will begin."For the people with the cards, please be patient with us," McMeekin said. "The officers and deputies have the same questions you do."Related Article: OpinionAlas, There's No Free Pot, EitherSummary: Registration fee rankles some medical marijuana proponents, but hardly is unreasonable.Adam Smith famously said there's no free lunch, meaning everything costs something. Were he in Montana today, Smith might add that there's no free pot, either.A story first published in the Dec. 22 Missoulian and since found careening around the world through the Internet quoted a backer of Montana's new medical marijuana law complaining about the registration fee for people signing up to make use of marijuana to alleviate pain and other symptoms from serious illness. That fee is $200."Extortion," declares one participant in the marijuana.com discussion group. "Heartless monsters," writes another. "Why is it every other government program gets a budget, but this doesn't?" questions another.Montana on Nov. 2 became the 10th state to legalize the use of marijuana by patients of certain diseases following passage of Initiative 148. The new law allows certain patients with a doctor's certification of their condition and potential to benefit from the treatment to use marijuana, which remains an illegal drug to the rest of the population. The new law allows qualifying patients and their caregivers to grow and possess limited amounts of marijuana, but it also requires them to register with the state.The initiative didn't include any funding for the program. But, of course, it costs something to administer. Hence the registration fee. Is $200 too much? That's hard to say, since it's all so new. Maybe it's too high. Maybe it's too low. It's likely going to depend on how many people register and how much trouble it turns out to be to ensure its integrity. There tends to be some economy of scale to these things - that is, the more people who pay the fee, the lower the per-person fee. Checking with a couple of other states that have medical marijuana programs up and running, we see Oregon's registration fee is $150 and Colorado's is $110. If the folks in Helena administering the program were bent on extortion, they probably wouldn't have started with fees only marginally higher than other states. In any event, it should be easy enough to monitor Montana's program to make certain the fees charged are sufficient to cover the costs of running the registry but don't generate a surplus.As for the registrants, $200 isn't a trivial sum. Then again, for anyone suffering from (as the law specifies) "a chronic or debilitating disease or medical condition that produces wasting syndrome; severe or chronic pain; severe nausea; seizures; or severe or persistent muscle spasms," or suffering from cancer, glaucoma or AIDS, and looking to marijuana to provide relief that no other medicine can, well, the $200 probably will seem money well spent.Complete Title: Missoula Authorities Work To Establish Medical Marijuana ProtocolSource: Missoulian (MT) Author: Colin McDonald of the MissoulianPublished: Monday, January 3, 2005Copyright: 2005 Missoulian Contact: newsdesk missoulian.com Website http://www.missoulian.com/ Related Articles & Web Site:Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmMarijuana Law Creates Tangle of Legal Issueshttp://cannabisnews.com/news/thread20077.shtmlMedical Marijuana Registry Fee Angers Patientshttp://cannabisnews.com/news/thread20059.shtmlPatients Can Now Register for MMJ Treatmenthttp://cannabisnews.com/news/thread20056.shtml Home Comment Email Register Recent Comments Help Comment #8 posted by global_warming on January 04, 2005 at 16:25:16 PT Some Thoughts Some deep writing that might help. http://www.awakeninthedream.com/georgew.htmlDankhank, I have no children, mostly by choice, I do have a bunch of animals, and with each of those dumb creatures I cry as they pass. This world, that we all share in, and walk in, is the flesh of God, there are so many mysteries, so many broken hearts, have you ever considered, life and death are all protected under the cover of the infinite blanket that protects us.The vast unknowns of our world, remain firmly in the mystery of Gods comfort, it would be better to know and try to understand our place in this grand creation, for we would suffer less, and be happy to know that just beyond our understanding, just beyond our delights, there is a greater paradise.Peace [ Post Comment ] Comment #7 posted by FoM on January 04, 2005 at 15:09:56 PT Dankhank You're welcome and I really do care. That's my purpose. The lyrics are beautiful but I don't recognize the song. I'll go try to find a short part of the song at Amazon to hear it. I turned on the Moody Blues at Royal Albert Hall that I bought my husband for Christmas. He introduced me to the Moody Blues and I've loved them every since. The concert is beautiful and I recommend it. The music and the colors are out of this world just like the Moody Blues are to me. [ Post Comment ] Comment #6 posted by Dankhank on January 04, 2005 at 14:52:06 PT Music Without music I would surely die ...I have loved the Moody Blues since the beginning. They performed much of the music to my younger life. I especially love that song.Here is one of what we played at Damien's service.http://www.lyricsfreak.com/l/lennon-john/82425.htmlThank you for caring ... [ Post Comment ] Comment #5 posted by FoM on January 04, 2005 at 13:49:11 PT Dankhank This song was one I played over and over again after my son passed away. I hope you appreciate the lyrics like I still do.http://www.azlyrics.com/lyrics/moodyblues/iknowyoureouttheresomewhere.html [ Post Comment ] Comment #4 posted by FoM on January 04, 2005 at 13:37:01 PT Dankhank Thank you. I don't know what to say except I really am sorry. This is how I look at this issue. We all have a purpose. Some die younger then others and they have achieved their purpose. You're son lives on in your heart by sharing what you do about him and his life. Death is not an enemy but a part of life. We fear and question death but should we? I don't feel more alone because my parents and son are gone. I feel they are still here too. I don't mean a ghost or anything like that but their spirit lives on. We share with others their lives and that keeps them alive in our hearts. That's our purpose. It's to keep the circle of life going. [ Post Comment ] Comment #3 posted by Dankhank on January 04, 2005 at 13:15:10 PT: Messed up me... FoM, thanks for the kind words ...My personality seethes just below the boiling point most of the time. Having been on this planet for 5 decades I find little patience with those who so blithely cage their fellow citizens for so little.I celebrate while mourning. My oldest son is buried in Kallispell, MT, killed by a drunk driver four years ago this April. This medical Cannabis law was for him.Damien Scott Baca believed God gave us Cannabis and was so articulate that he once had his pipe returned to him by a Texas State Patrol Officer. He was stopped once by the Florida State Patrol on I10 in that dreaded stretch of west Florida. They tore his van apart and then left it on the highway, confiscated his tuition money he was taking to his Culinary School in Talahassee. I talked to the arresting officer by phone and he was still marveling at the non-stop lecture he received from my son the entire length of the search. We got the money back. While driving his van full of kitchen, fellow Rainbow Family and dogs in St Louis, he talked Crack dealers into donating money to feed their "clients," suggesting that it was a good thing to help them stay alive.I rescued Damien from the infidels in NW Alabama once ... made the authorities back off of a possession, paraphanelia, and bogus driving charge once.Damien was born with a slight curvature in his spine, and used Cannabis for that.At the time of his death he had two jobs, saving for some land, a beautiful wife and a daugter that is now 4 and so much like him it's clear he is in her.The world is the poorer for his passing and the why of it eludes me.From earlier posts some may know that one of my three best friends, David Allen was killed in VietNam, my father was killed by ALS at age 52 in 1982. Mother-in-Law taken by lung cancer in 1999. Another of my best friends, Gregory Allen Foster at age 52 a couple of years ago. Just me and David Peck left. My mom's second husband Ross Walters this year, Brain Tumor. So much death surrounds me that I wonder why I am still here and what I'm supposed to do.FoM, you're the tops. I don't tell this stuff to many.I grieve for your loss, also.Peace to all of us ... [ Post Comment ] Comment #2 posted by FoM on January 04, 2005 at 09:46:57 PT Dankhank I just wanted to say that I really like you. You always seemed scary to me years ago but not anymore. Thank you for hanging around here. I really appreciate it. [ Post Comment ] Comment #1 posted by Dankhank on January 04, 2005 at 08:36:45 PT Great idea... What planet did Missoula City Police Chief Bob Weaver come from?Where did he learn his common sense attitude re: Medical Cannabis users?Contrast his compassion with the attitude of many if not most LEOs in California.God Bless you, sir...Peace to you Common Sense [ Post Comment ] Post Comment