cannabisnews.com: Providing MMJ To Other Caregivers Ruled Illegal
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Providing MMJ To Other Caregivers Ruled Illegal
Posted by CN Staff on April 08, 2011 at 06:22:42 PT
By Gwen Florio of The Missoulian
Source: Missoulian
Helena, MT -- Caregiver-to-caregiver transfers of medical marijuana - a practice widely used by some providers - is illegal under Montana's medical marijuana law" a judge in Missoula ruled this week.The Medical Marijuana Act, passed by voter initiative in 2004, "particularly prohibits a caregiver from providing marijuana to anyone other than a qualifying patient who has registered that specific caregiver," District Judge John Larson wrote in an opinion issued Wednesday.
Larson's opinion backs up the Missoula County Attorney's Office, which issued a memo in August that such transactions run afoul of the law."We were hoping to stop them from doing that," said Chris Lindsey of Missoula, the attorney who pursued the case against Missoula County Attorney Fred Van Valkenburg on behalf of Missoula caregiver Kevin Kerr. Lindsey also is part of a similar suit filed two weeks ago in Flathead County.The suits, said Lindsey, aimed to clarify what he called "a gray area" in the law, which specifies that a caregiver "signs a statement agreeing to provide marijuana only to qualifying patients who have named the applicant as caregiver."The county attorney's stance that the provision outlaws all caregiver-to-caregivers sales or exchanges "creates an impossibility," according to Kerr's complaint.Caregivers have to get plants from someplace, it said."Quite simply, a caregiver can never meet his duty in providing marijuana to his patient(s) if he is never able to come in possession of it," it said.But the county's response termed that argument a "straw man defense," and went on to say that the law "was not established to create a burgeoning industry with large-scale marijuana grow operations providing marijuana to multiple caregivers with no controls as to who eventually receives the product."And it pointed out the fact that the Legislature is scrutinizing outright repeal of the law, or adding significant restrictions to it."Obviously repeal would make all of these debates moot," Deputy Missoula County Attorney Andrew Paul said Thursday.As of Thursday, two medical marijuana bills remained viable in the Legislature. In addition to the repeal bill, a measure hastily amended on Wednesday would limit each provider to a single patient, unless related by blood or marriage. Then a provider could grow cannabis for three patients.Under the present law, a caregiver can grow six plants per patient, with no limit on the number of patients."If the initiatives in the Legislature go nowhere and out of all of this we end up with the same law, this stuff" - that is, the issues raised by the lawsuits - "is going to be just critical," Lindsey said.His Missoula County lawsuit argued that the vast majority of the caregivers in Montana have only a single patient. State Department of Health and Human Services records show that more than three-quarters of Montana's 4,848 registered caregivers have from one to five patients, while only 34 have more than 100.Rick Rosio of CAPS MT (Cannabis Advocacy Patient Services of Montana) in Missoula is one of those."I'm down to a few hundred now," Rosio said. He also said he finally has the room to grow plants for all of them. However, he said, he once had to acquire plants from other caregivers so as to have enough cannabis for all of his patients."My rooms were designed for a smaller operation. We had so many sick people I didn't have a choice," he said.But just because caregivers adopted that practice didn't make it legal, the county attorney's office maintained."Perhaps if caregivers limited the number of patients for which they provide care, they would be able to responsibly manage that care with an uninterrupted supply of medical marijuana, ..." its response said. "Plaintiff's interpretation of the law is not based on patients' well-being but on caregivers' greed."Lindsey said he hasn't filed suits in other counties, but that he might.He's gotten pushback from some in the medical marijuana community about the suits, he said."They don't like the fact that if we get a negative ruling like we just did, we open the floodgates," he said.He said his client is mulling his options about whether to appeal Larson's decision to the state Supreme Court, or whether to file another suit using a different theory."People obviously want medical marijuana," he said. The Legislature "can put roadblocks in. But we're going to see work-arounds ... I'd hate to think that after all this, we end up with an even grayer set of laws than we have now."Source: Missoulian (MT) Author: Gwen Florio of The Missoulian Published: April 7, 2011Copyright: 2011 Missoulian Contact: oped missoulian.comWebsite http://www.missoulian.com/ URL: http://drugsense.org/url/y0VesRNVCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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Comment #22 posted by FoM on April 11, 2011 at 15:22:43 PT
Montana House Backs Medical Marijuana Overhaul
Monday, April 11, 2011 Helena -- The House is backing a Senate proposal to overhaul Montana's medical marijuana law after making major changes to the measure.Senate Bill 423 carried by Senate Majority Leader Jeff Essmann is aimed at significantly reducing the marijuana industry in the state. The measure was supported on a 77-23 in the first floor vote on Monday.The bill has been amended and rewritten several times. The House revisions include requiring growers to provide medical marijuana at no cost.Lawmakers from both chambers likely will have to resolve the differences between their overhaul proposals.Also Monday, the Senate Judiciary Committee stopped a referendum to repeal Montana's medical marijuana law. Legislators already sent an outright repeal bill to the governor's desk.Copyright: 2011 Associated Press
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Comment #21 posted by josephlacerenza on April 11, 2011 at 07:25:55 PT
I had no Idea
I had no idea how to react. This guy, in my mind, is a big a Jack Herer. These people, true visionaries, made it possible for me to even think about doing what I do. I am truly standing on the shoulders of giants!!! I hope they know how much I appreciate their tensity, their never quit attitude.Ed, was actually REALLY nice!! I mean REALLY!! Celebrity can go peoples heads, not Ed's!!! That is awesome!! I hope he at least tries the kit!! I got a pic with Ed, but it was not on my camera, so I may have to wait a bit, but I will have PROOF :)Senator David Wanzenried was AWESOME!! I will try to find the speech at the expo. It was put up on the internets, just have to find it.B Green, Montana Biotech will be opening satellite labs in Oregon, and Washington State!! Thanks for the well wishes all!!
Grow Buddy™ Montana Biotech designed an at Home THC testing Kit
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Comment #20 posted by BGreen on April 10, 2011 at 20:52:51 PT
That's too cool, Joseph
Ed and I have some mutual friends but I've never met him before. I hope he is able to help your business thrive.The Reverend Bud Green
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Comment #19 posted by FoM on April 10, 2011 at 19:55:52 PT
Joseph
This night sound silly but dreams sometimes do come true.
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Comment #18 posted by josephlacerenza on April 10, 2011 at 18:36:01 PT
It blew my mind
I wanted to meet him soo bad, and I got to!!
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Comment #17 posted by Hope on April 10, 2011 at 16:24:51 PT
josephlacerenza comment 15
That is so cool!
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Comment #16 posted by FoM on April 10, 2011 at 14:58:43 PT
Joseph
That's wonderful to read! I bet that made your day!
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Comment #15 posted by josephlacerenza on April 10, 2011 at 14:23:07 PT
OMG I have to tell someone!!
Ed Rosenthal came by my exhibit and bought one of Montana Biotech's Grow Buddy. He actually came by to buy one!!!
Grow Buddy at Home Cannabinoid Testing Kit
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Comment #14 posted by josephlacerenza on April 10, 2011 at 11:35:51 PT
Hi Hope, Another Day in Missoula!
Another day at the Garden City Cannabis Expo!! Senator David Wanzenreid will be speaking on behalf of the Medical Marijuana industry here in Montana. He will be running for Gov in 2012! I hope he maintains his support of our industry.
Senator David Wanzenreid to Speak at the Garden City Cannabis Expo
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Comment #13 posted by FoM on April 10, 2011 at 06:14:55 PT
Joseph
Keep up the good work.
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Comment #12 posted by josephlacerenza on April 09, 2011 at 20:35:18 PT
Great Day at the Garden City Cannabis Expo!
FoM, it was a great day, the vibe was up lifting. We all seem to be looking to the future. WE actually think there still is one here in Montana. Speaking of the future, Montana Biotech debuted a NEW product, an at home THC testing kit. Please check it out here:http://tinyurl.com/3txmen7I hope everyone is doing well out there on planet Earth!
Grow Buddy™ by Montana Biotech
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Comment #11 posted by Hope on April 09, 2011 at 20:32:06 PT
josephlacerenza comment 8
:0)
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Comment #10 posted by FoM on April 09, 2011 at 18:31:43 PT
Cannabis Expo Comes To Missoula
By Erin Schermele (KPAX News) April 9, 2011Missoula -- Medical marijuana businesses around the state set up booths at the University of Montana today for a cannabis expo. The purpose of the event was to educate the public about medical marijuana and businesses associated with it. People were able to visit booths and listen to discussions regarding the current state of medical cannabis. Currently in the legislature there is a possibility of a repeal of the medical marijuana act. Hiedi Handford, editor of Montana connect magazine and medical marijuana advocate, fears what the impact of a repeal could have on jobs."This is supposed to be a job session. They want to take jobs away from me and caregivers across the state, hard working Montanans. I grew up here. This is where I live. I'll stay here and fight and there's a lot of us who are going to stay and fight too."The cannabis expo will continue from 10:00am to 6:00pm Sunday. Senator Wanzereid will be speaking at 1:30.Copyright: 2011 KAJ18.comURL: http://www.kaj18.com/news/cannabis-expo-comes-to-missoula/
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Comment #9 posted by FoM on April 09, 2011 at 18:27:43 PT
Joseph
I'm glad you are having a good time.
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Comment #8 posted by josephlacerenza on April 09, 2011 at 14:31:08 PT
Ed Rosenthal oin Missoula!!
He is here!! I am listening to him speak right now!! He did stop by my exhibit! That was great!!
Garden City Cannabis Expo, Missoula
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Comment #7 posted by FoM on April 08, 2011 at 15:57:00 PT
runruff
We are having a nice day today. It's starting to get green around here so Spring must have finally arrived. We have had a very sick dog this past week but she is better now. Tell Linda hello from the both of us.
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Comment #6 posted by runruff on April 08, 2011 at 15:40:20 PT
Hi FoM, thank you.
I was trying to make a play on words for ha ha sake. I hope you and Stick are having a great spring day!
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Comment #5 posted by FoM on April 08, 2011 at 13:50:57 PT
runruff
You lost me. You are appreciate so much. Please explain.
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Comment #4 posted by runruff on April 08, 2011 at 13:33:54 PT
I was noticing...
...how people do not seem to mind if I do not have anything to say...so long as I don't take too long to say it!
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Comment #3 posted by dongenero on April 08, 2011 at 08:00:51 PT
Greed?
Greed is Wall Street hanging America out to dry. Greed is spending millions on lobbyists to pave the way for your company to be subsidized by tax payers, or to work your way around environmental laws in order to pollute and thus garner more profit.Growing small business aggressively, while creating jobs, tax revenue and filling market needs, without cheating others out of their money or livelihood, is capitalism in it's finest form and realization.Small business is also the kind of bottom up economic growth that his country requires in order to recover economically.It is astounding to hear conservatives and republicans speak so negatively about free enterprise, while attempting to install authoritarian, anti-freedom, anti-capitalist, big government, legislative interference.That particular brand of greed, is greed for power and control.
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Comment #2 posted by Sam Adams on April 08, 2011 at 07:55:45 PT
Cancer news
Here is some interesting news on the widely prescribed SSRI anti-depressants - they cause cancer. Nice contrast with the recent NCI posting of cannabis anti-tumor properties:Researcher urges review of cancer link to antidepressantshttp://www.boston.com/lifestyle/health/articles/2011/04/08/researcher_urges_review_of_cancer_link_to_antidepressants/NEW YORK — Scientists should more closely examine whether antidepressant drugs increase the risk of breast and ovarian cancer, according to a researcher affiliated with Harvard whose review of 61 studies suggested a link.The risk of cancer increased 11 percent on average for patients taking the medicines, according to a report that analyzed previous data and was published in Wednesday’s issue of the peer-reviewed journal PLoS ONE.The researchers found that 20 of the studies identified a link. The connection was stronger in cases of the most widely used of the drugs, selective serotonin reuptake inhibitors. Of 16 studies that looked at this class of drugs, which include Paxil, 15 detected a higher chance of cancer, according to the paper.
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Comment #1 posted by runruff on April 08, 2011 at 07:12:15 PT
..."caregivers' greed."
Wait just a minute here!Greed is what this is all about in the first place. I mean-going back to the DuPont pushed "Assassin of Youth" scare.Even now it is a war for profits in the medication market. I don't know if these professional mouth pieces really know what they are talking about or if they just parrot everything they are told to say? The supporters of prohibition all seem to have a similar vibe about them. It is a kind of ,"Stepford Wives" look in their eyes and, their canned responses ridiculously make no sense. The scary thing is, to me , is how they don't seem to care if we believe them or not. They don't seem to care how ridiculous they sound. I feel like I am being told, "This is reality, this fact, believe it or get over it. It all boils down to, Might Makes Right, in their eyes.Wanna talk about care givers greed? Pill pushers have killed and maimed {?} people in the last 50 years? They are still passing out legal poison at insanely inflated prices.
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