Judge blocks portions of new marijuana law
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On June 30, Helena District Judge James Reynolds temporarily blocked portions of Montana’s new medical marijuana law that took effect last Friday.
Reynolds blocked provisions of the law that made it illegal for medical marijuana suppliers to charge customers and advertise and promote their services.
The legal jargon of “caregiver” was also changed to “provider” to clear up any confusion as to whether or not patients could be charged for medicinal marijuana.
In 2004, Montana’s medical marijuana law allowed cardholders to designate a “caregiver” to provide medical marijuana to them. There were no limits to a number of patients a caregiver could have. Under Senate Bill 423, providers would have been limited to just three patients.
Reynolds maintained that limiting medical marijuana providers to just three patients was unlawful.
“The court is unaware of and has not been shown where any person in any other licensed and lawful industry in Montana — be he a barber, an accountant, a lawyer or a doctor — who, providing a legal product or service, is denied the right to charge for that service or is limited in the number of people he or she can serve,” Reynolds wrote in his 15-page ruling.
Reynolds is allowing local and state law enforcement officials to make unannounced inspections of medical marijuana growing operations.
He also upheld the portion of Senate Bill 423 that allows for physicians who recommend medical marijuana for more than 25 patients in a 12-month period, to be subject to automatic review by the state’s Board of Medical Examiners at their cost.
“We are in transition. I still feel the Essman bill was reasonable,” Senator Carmine Mowbray of Polson said of Senate Bill 423.
As passed by the 2011 session of Montana’s state legislature, Senate Bill 423 made it illegal for medical marijuana providers to charge for or advertise their product. The bill also limited providers to just three patients.
“The judge blocked the most controversial parts of the bill,” Mowbray said.
“(But) we are pushing the envelope,” she added of medical marijuana’s status as a legal drug.
The temporary injunction of parts of the bill will stand until the court has a hearing to decide whether or not to issue a permanent injunction. In order to suspend the new law, supporters must gather signatures from five percent of the total number of qualified voters in Montana, including five percent of the voters in each of the 34 legislative house districts. This means they must collect a total of 24,337 signatures and turn them into county election officials by Sept. 30.
Last week Montana's Attorney General and Secretary of State approved the petition to block senate bill 423 which will allow medical marijuana advocates to gather signatures to let voters decide the issue.
Though the Montana Cannabis Industry Association and others who filed the injunction were seeking to have the entire bill blocked, Mowbray said voters might still have the opportunity to decide in 2012.
The Montana Medical Grower’s Association, lead by Executive Director Jim Gingery, is one of the organizations that intends to collect signatures for the cause.
“People lost jobs and patients are terrified and concerned,” Gingery said. “The laws need to be changed to help providers and patients.”
