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Update on 2017 Medical Marijuana Legislation The first half of the 2017 legislative session involved considerable conversations with legislators and other stakeholders up at the Capitol. The MTCIA has contributed to draft legislation expected to be introduced in March. The MTCIA brought the following provisions to the table: Establishment of a seed-to-sale tracking system Shifting the plants-to-patient model of managing volume to a licensing per square foot cultivated model Mandated testing only if DPHHS could ensure affordability, availability, and standardization. Inclusion [...]

  In these first days of the 2017 Legislative Session, it seems legislators do not have the blood thirst to kill the medical marijuana program that has been evidenced in the past. This is good news. However, there are new and different fronts that require attention and work. Generally speaking, there seems to be some interest in reaping the benefits (revenue, that is) of a recreational program from Montana’s modest medical program. Though most legislators do not appear to be intending [...]

After serving as MTCIA President for the past year, Bob Devine is stepping down from the position. Devine served as President during the one of the most dynamic political cycles since medical marijuana became an option in Montana. It was a time of crisis as the five year lawsuit came to a close with a Supreme Court ruling that the 2011 bill, SB 423, could go into near total effect. It was an “all hands on deck!” moment. We needed strategy. [...]

Get on the Team. Protect Access During the 2017 Legislature.   Within the first 10 days of I-182 going into effect 1300 patients have applied to restore their access to medical marijuana to treat their debilitating conditions. As always, the ability of the MTCIA to protect access was made possible by our donors. We have debts to pay and work to do. We need to protect the progress we’ve made with the initiative during the upcoming 2017 Legislative Session. We need [...]

Designed as a trade association, the MTCIA has been an important tool for getting things done in Montana. The organizational structure was already there in place, if not active, when the crisis of SB 423 happened in 2011. Founder Nathan Pierce could see the crisis for what it was and though the organization was "his baby," he welcomed a set of people onto the board who had the right skill sets to augment the skills of those already on the board [...]

Today, Montana Cannabis Industry Association (MTCIA) attorney, Jim Goetz, filed in Montana First Judicial District Court for a declaratory injunction and an alternative writ of mandamus requesting that the Court direct the Montana Department of Health and Human Services to begin the immediate processing and issuing medical marijuana patient cards. The inadvertent transposition of the numbers in the effective dates is obviously a clerical error, also called a “scrivener’s error.” There is a body of case law recognizing such errors and [...]

Big breath. Pat yourself on the back. Thank the voters who protected access to medical marijuana in Montana. I-182 has passed. Access is restored. The election results must be certified by December 5, at which time I-182 becomes Montana’s new medical marijuana law. We are busy at work remedying the clerical error. The MTCIA is also gearing up for next steps and the upcoming legislative session. In crafting, supporting, or opposing legislation during the 2017 legislative session, the MTCIA will evaluate [...]

Katie Mazurek is doing so much to help the thousands of people in Montana who use medical cannabis to treat their debilitating illness and the symptoms that often accommodate chronic illnesses. Don't let her work for so many be in vain. Don't forget to vote for I-182 to re-establish access to medical marijuana for physician-referred patients in Montana. See her message in the link below.   https://www.youtube.com/watch?v=V63sj8dY3Qs&feature=youtu.be

There will be a statewide MTCIA sponsored meeting on Saturday, October 8 at 6:30 p.m. at the Best Western/Gran Tree in Bozeman. Members of the board of the MTCIA and of the I-182 steering committee will be in attendance.  Patients welcome.

The MTCIA is a supporter of the campaign for I-182 to re-establish medical marijuana access in Montana and create a responsible, accountable system for providing medical marijuana to physician-referred patients. All donations to I-182 go directly to the campaign for I-182. These donations are not donations to the MTCIA. The MTCIA is a contributor to the I-182 campaign and hope you will be one, too. The link below tells you how you can contribute directly to the campaign, and also how [...]

Thousands of patients are about to lose access to a plant-based medicine that eases their pain enough to function; stops their seizures; allows them to sleep; allows them to eat; and more. This is the result of the 2011 legislation, SB 423, a five year old reactionary, punitive, back door repeal of access to medical marijuana. Right now, there are peripheral issues that need to be resolved around the initiative, and they will be. But right now, don’t let questions about [...]

We realize that many people are frustrated and confused by the stories in the press and rumors online. We understand completely, and we certainly share your frustration. However, we also want to make it very clear that removing the section dealing with the 3 patient limit will not have to wait until the legislative session, and certainly not until June of 2017. Worst case scenario, the day after the election, the MTCIA will seek immediate relief from the courts and ask [...]

There is a clerical error in the initiative. A 9 should be a 7 in effective date section. We have documentation that demonstrates our intent in regards to which provisions were to go into effect immediately. We have the draft with section 7 effective immediately. At the last minute, before the draft was moved out of legislative services, we were told two sections needed to be added at the front of the bill. These added sections represented other places in the [...]

With Aug 31 date just days away, we know many patients are beyond concerned. We know many are flat out frightened. We recognize, too, that there are providers who feel committed to these patients. The idea of choosing one person’s pain over another or having to rank suffering and choose only two or three patients for no good reason other than five year old political gamesmanship seems wrong, unfair, foolish, and unnecessarily cruel. We couldn’t agree more. We believe the people [...]

We are sad to report an unfavorable ruling from Judge Reynold’s court. Our stay on the August 31 implementation date has been denied. In Reynold’s letter, he states that the Court granting the stay would interfere with the Montana Supreme Court’s ruling, which already included a delay in recognition of the hardship it could cause patients. The Court further concluded, it was without authority to override this decision of the state Supreme Court and that delaying until the election improperly inserts [...]

Wondering what to do in these uncertain times for medical marijuana in Montana? The MTCIA is committed to continuing the work. Aug. 31 is looming, but with your support and your vote we will pass I-182 come November. The MTCIA is also developing its legislative agenda for the 2017 Legislative Session. Become a member now and become part of the discussion.   http://www.mtcia.org/memberships/

What a week. We get the news I-182 made the ballot. The people of Montana are behind a responsible, accountable medical marijuana law. We extend our thanks to those who supported the effort to bring I-182 to the ballot. On the same day, many providers got letters from the Department of Health and Human Services (DPHHS) notifying them that they must choose their three patients as the provision goes into effect August 31 limiting providers to three registered patients. Patients started getting [...]

It probably won’t be long. Soon, the letters will come from DPHHS telling providers to start scaling down, to choose their two or three patients (depending on whether the provider also provides for him/herself), and get ready for the statute (SB 423) to go into effect August 31.  This is what the Montana Supreme Court has ruled must happen. Our understanding is that a follow-up letter will be sent later to those who do not respond. Patients without providers will not [...]

The MTCIA has been the only entity effectively protecting access to medical marijuana in Montana. The reason it has been effective is because the MTCIA is not the Board of the Directors. It is not any particular personality in any given moment in time. The MTCIA is the people who show up, who have shown up, and know that change in cannabis policy of the proportion we seek is a marathon, not a sprint. The MTCIA is you. In Montana, together [...]

I-182 is now at 11, 780 signatures and counting. We are 1/3 of the way to our goal. We exceeded our weekly goal by 439 signatures.  Thanks to all for stepping up, volunteering, and persevering in the effort to protect access to medical marijuana in Montana and working to establish an accountable, responsible program for the state.

Friday, May 13 Bozeman 6:30 pm, Holiday inn on Baxter   Saturday, May 14, Great Falls 11 am, in the Columbus Center, 1602 2nd Avenue North   Saturday, May 14, Helena 4:30 pm, Elements Design and Consign, 1336 Helena Ave, corner of Roberts and Helena Avenue

Our goal for the week was 3,000 signatures for I-182 and again, the team surpassed it and collected 3,831 signatures. We now stand at 7,089 signatures collected. Field staff will be rounding up petitions, completing signature gatherer affidavits, and shipping petitions to the Missoula office today. We check all petitions for quality and check reported numbers against actuals. Last week, the campaign also held two signature gathering trainings for providers and will be doing another this week. The website is now [...]

Three days of signature gathering and I-182 is on-track. 2500 signatures. The average signature gathering campaign has 35% of its signatures tossed out. Our approach - utilizing experience, training, and systems for quality control - historically result in only 18% of signatures failing to qualify. In addition, we have benchmarks and we will always know where we are in reference to signature gathering goals. And we are on-track, right out of the gate. We are methodically phasing in workers, who can train [...]

Montanans believe in being compassionate towards their neighbors. But Montanans also expect each other to be accountable, and responsible. Right now, the 2011 medical marijuana law passed by the legislature to replace the 2004 citizens’ initiative allows Montanans to be none of these things. The implementation date of the worst provisions of the 2011 law is yet to be determined by the court, but it will be implemented and patients will lose access - unless we act, effectively and successfully, and [...]

Building foundations is not glamorous work.  It’s nuts and bolts.  It is hard work.  Just as with building a house, a solid foundation is necessary for the project to stand the test of time. Foundations, while not visible, determine the success of that which is built upon it. Less than 10% of proposed initiatives make it to ballot and are voted on by the people of Montana. The MTCIA and its partners are working hard to create a stable foundation for [...]

On March 11, MTCIA attorney, Jim Goetz, filed a Motion for Reconsideration of the recent Montana Supreme Court decision. The motion requested two things. That the court postpone the effect of its decision until the end of the 2017 Montana Legislative session That the Court reconsider its Opinion upholding the 3 patient limit We’ve requested the first in order to create the opportunity for the MT Legislature to address the issues raised by the Court’s Opinion and remedy the burden that [...]

By: Kate Cholewa   The Proposed Medical Marijuana Initiative: First Steps Twelve years ago Montana voters approved I-148 with 62% of the vote, creating the Medical Marijuana Act and program. I-148 was a simple, basic law meant to implement a new idea. Like all laws, it would need to be adapted as time marched forward. This is the way laws work. They evolve. They get fixed. They catch up to changes in knowledge. But that’s not what happened. Instead of developing [...]

AG Tim Fox files against motion to wind down medical marijuana program slowly. “Patients were hoping for a soft landing following the recent Montana Supreme Court’s decision to allow the legislature’s devastating law undermining the medical marijuana program to go into effect,” said Gregory Zuckert of the MTCIA. “Instead of a soft landing, patients may be in for a crash landing.” Following last week’s Supreme Court ruling, Jim Goetz, attorney for the MTCIA, filed a motion to create a responsible transition [...]

Call To Action: We need everyone to call Montana Attorney General Tim Fox at 444-2026. Fox is forming his response to the MTCIA's motion for a 14 month transition period. He can chose to support our request or fight it. Supporting this transition is the most responsible action Fox can take. We need you, his voters, to encourage him to support this motion for a transition period. This would save thousands of patients from losing access to their medicine. This period [...]

Medical marijuana growers, patients ask for delay on enforcement of new restrictions By Mike Dennison - MTN News CONNECT Marijuana (MTN News file photo) CRIME & COURTS Medical marijuana growers, patients ask for delay on enforcement of new restrictions   HELENA - Medical marijuana growers and patients Friday asked the state Supreme Court to delay for 14 months the enforcement of its recent ruling that upheld tough, new restrictions on the drug – so the 2017 Legislature has a chance to ease [...]

Friday, March 11, 2016     Re: MTCIA files motion to protect patient access to medical marijuana   From: Gregory Zuckert, MTCIA Board member, Public Relations Contact: Kate Cholewa, Organizational Consultant   *****For Immediate Release*****   The MTCIA has persistently and successfully worked through the courts to protect patient’s access to medical marijuana since the passage of the 2011 law that served as defacto repeal of the medical marijuana program. “The recent MT Supreme Court decision has not changed that,” says [...]

Update:   Lawyers for the MTCIA will be filing a Motion for Reconsideration with the court tomorrow. This motion will effectively pause the MT Supreme Court ruling from taking effect for 15 days. During these 15 days, the MTCIA will continue to pursue every available option to make sure patients will continue to have access to critical medicine. We are reaching out to legislators and the Governors office through professional organizations and our own lobbyist. We implore everyone who wishes to be [...]

It has come to our attention here at the MTCIA that there are several active campaigns, formed by various groups, currently seeking both support and funding for their agendas.  The agendas vary from gathering the signatures by a certain date to submit to the Governor to fundraising for vague legal efforts. We want to make it clear that the MTCIA has absolutely no association with these campaigns. We did not structure, organize, or fundraise for these campaigns and we have no [...]

What a difference a day makes. As we are sure most of you already know, the Montana Supreme Court has ruled in favor of the state and against the rights and needs of tens of thousands of Montana citizens. Still, the fight goes on! We know many of you woke up this morning with a sense deep foreboding. Many of you are beyond frustration, many are scared, and some of you I am sure feel like giving up. We understand, and [...]

In order to have a successful ballot initiative in 2016, the MTCIA would like to partner with M+R, a professional consulting and research firm that specializes in ballot initiatives and signature gathering. The following is an introduction, plan of action and estimated budget from M+R. Fundraising is already underway in several local chapters, and state-wide fundraising goals will be posted in the coming days. We need the help of all the providers and patients in the state to make this happen! [...]

The Montana Supreme Court could rule on SB423 at any time. They can rule to permanently enact all, some, or none of the disputed sections. These sections include: A ban on providers accepting payments for their products or services. If enacted, this would would require any remaining provider to give their product away for free. A three patient limit per provider, with no allowance for cohabitation, thus preventing co-ops and multi-provider businesses. If enacted this would prohibit any grow larger than [...]

Dear Members: MTCIA held a statewide meeting in Missoula on the 16th of January. The primary purpose of that meeting was to get acquainted with members in that area and to organize a chapter to provide better representation for those members. Much interest was shown and some industry leaders are currently involved with forming a chapter in Missoula. We currently have MTCIA Chapters in the Flathead area, Butte, Bozeman and Billings. All Chapter Presidents are board members with MTCIA. We would [...]

Dear Members: Much has been happening since our last post. On November 4, I attended the Montana Supreme Court hearing where our legal team presented oral arguments for keeping our injunctions in place on a permanent basis. The Supreme Court Justices seemed much more engaged than they were 2 years earlier. Their questions were more pointed toward the issues raised by the state's attorney. I felt that the answers provided by the state to many of the questions posed by the justices [...]

Dear Members: The Montana Supreme Court has scheduled a court date on November 4, 2015, at 9:30 a.m. in the Courtroom of the Montana Supreme Court, Joseph P. Mazurek Justice Building, Helena, Montana. The purpose of the court date is to hear oral arguments that will ultimately determine whether our permanent injunctions against SB 423 will remain in place. The Attorney General's office will argue that the injunctions should be lifted. If the Montana Supreme Court rules in favor of the state, [...]

Dear Members: Last evening, two very important board resolutions were passed by the MTCIA Board of Directors. The first Board Resolution stated, "MTCIA and it's subordinate chapters shall support, fund and actively pursue a ballot referendum for a workable medical marijuana law in Montana  for the voters to decide upon in 2016". This resolution became the only avenue available for the beleaguered medical marijuana industry in Montana after our efforts to fix the law were flatly rejected by the last three successive [...]

Dear Members: There has been a renewed interest in organizational participation among MTCIA's members since the legislature rejected our last-ditch effort toward fixing the convoluted marijuana law bestowed upon us in 2011. Several members are interested in establishing their own chapters of MTCIA in areas that are not convenient for meetings by the main board of directors. The protocol for establishing a MTCIA Chapter requires a minimum of three officers; President, Treasurer and Secretary. You must send a letter of request to [...]

Dear Members: Once again, the medical cannabis industry in Montana stands at a crossroad poised to take a new direction. Over the past three legislative sessions, our Republican lawmakers have demonstrated their unwillingness to work with the cannabis industry toward fixing any of the problems associated with SB 423. Instead, they are forcing our industry into the court system by appealing Judge Reynolds' decision to uphold the injunctions on the unconstitutional provisions of the law. The Republican lawmakers are counting on the Montana Supreme Court [...]

Dear Members: For the third consecutive session, the Montana Legislature has killed the medical cannabis industry's attempt at fixing the convoluted, schizophrenic marijuana law that was inflicted on us by the 2011 Legislature. SB 406, sponsored by State Senator Robyn Driscoll, D-Billings, was killed on a party line vote on Thursday, March 26. That action forces the issue into the appeal process before the Montana Supreme Court. You will recall that the last time this issue was heard by the Montana Supreme Court, [...]

Dear Members: In view of the recent court ruling by District Court Judge James Reynolds, MTCIA is scheduling a statewide meeting in Bozeman on Tuesday, January 13, at the Holiday Inn, 5 Baxter Lane. The meeting agenda will include the following issues: 1. Updates on the legal aspects of the recent court ruling. Attorney James Goetz will be in attendance to       answer your questions. 2. Updates on our legislative agenda. 3. Discussion on our advertising campaign. Please forgive the short notice. MTCIA was not [...]

Dear Members: A court ruling by Judge Reynolds relative to our motions for summary judgment on several medical marijuana issues was issued on Friday, January 2. That ruling caused a tsunami of phone calls with more questions than I have answers at the moment. I will attempt to provide a synopsis of the judge's ruling. The following provisions have been permanently enjoined; 1. The ban on advertising by marijuana businesses. 2. The provision that forbade registered medical marijuana providers from profiting from legal sales of [...]

Dear Members:   The meeting in Butte on the 6th was well-attended with more than 25 members present. A winter storm in the Flathead area prevented a larger attendance. There were two presentations given by guest speakers from Billings-based advertising companies. Those two entities were invited, by our board, in an effort to bring new options to the table ahead of the upcoming legislative session. As you will recall, the previous two legislative sessions were disastrous for our industry. Certain lawmakers within the Montana Legislature have [...]

Dear Members: The statewide MTCIA meeting which was originally scheduled for November 29, has been re-scheduled for the following Saturday, December 6, at the Holliday Inn at 2609 Harrison Avenue, Butte, Montana. The reason for the re-scheduling was that several providers could not attend the meeting on the 29th due to family obligations related to Thanksgiving Holiday. The staff at MTCIA tries to accommodate our members in every way possible, giving the greatest consideration to family issues. It is impossible to schedule [...]

Dear Members: There will be a statewide MTCIA meeting at the La Quinta Inn in Butte at 1:00 pm on Saturday, Nov. 29. This will probably be the last MTCIA meeting before the legislature convenes. There is much information to disseminate and some very important choices to be made that will affect the outcome of our legislative strategy. Please RSVP with the number in your group if you plan to attend. We plan to have guest speakers in attendance. If you are a medical marijuana [...]

Dear Members: As most of you are undoubtedly aware, Tuesday's mid-term elections brought surprises on many levels. Overall, it was a devastating day for Democrats on both state and national levels. Republicans will control both houses in Congress and, once again, will control both houses in the Montana Legislature. Three ballot initiatives legalizing recreational use of marijuana passed. Oregon, Alaska and the District of Columbia will join Washington and Colorado in legalizing the use of marijuana for their citizens over the age of twenty [...]

Dear Members: Today is the final day to cast your vote in the mid-term elections. Statistically, people from the highest income levels in the U. S are more likely to vote than those from lower income levels. It is a very sad commentary when only 30% of all Americans are making decisions that affect the lives of the other 70%. This is the reason that rich, out-of-touch politicians get elected and pass laws that disenfranchise the working class. If you are one of [...]

Dear Members:   With the mid-term elections less than a week away, we feel compelled to remind our members that the single-most important contribution that you can make to our industry is to vote. We realize that this is the busiest time of the year for medical marijuana providers, however, voting is more than a constitutionally-guaranteed privilege. Your vote is crucial to the candidates that support our industry. We should remember that the Democratic Party has added support for medical marijuana [...]

Dear Members:   Please forgive the rather lengthy sabbatical. As many of you are aware, my family suffered a recent loss of a loved one due to cancer. I would like to personally thank the members for their support and well wishes we received during this very trying time. MTCIA has been working feverishly throughout the summer to gain community support for the bill that we will present during this upcoming legislative session. We will be utilizing media outlets more frequently [...]

Dear Members:   The MTCIA statewide conference scheduled for September 27, has been cancelled due to a family death. We will reschedule the meeting in a later posting for a date in October. Thank you for your patience and continued support.   Yours in Solidarity,   Mort Reid, President, MTCIA

Dear members:   There will be a statewide MTCIA Conference in Butte at the LaQuinta Inn at 1:00 pm on Sept. 27.  The agenda will include updates on our legislative work, membership drive and fundraising for our legislative efforts. We will also be discussing legislative strategies and community support projects. Our last statewide conference was held on Aug. 23, and was very well-attended. There were providers and patients from all parts of Montana at the conference. Due to the length of the [...]

Dear Members, The statewide conference on  August 23  will not be open to the general public. It will be for dues-paying members only. If you are currently a medical marijuana provider, it is highly recommended that you attend this meeting. We will choose the direction this industry will go by selecting the business model that will shape the future of medical marijuana in Montana. MTCIA  is currently engaged in talks with Montana Legislators that will impact EVERY MEDICAL MARIJUANA PROVIDER in the [...]

Dear Members:   In my last post, I mentioned that the U.S. House of Representatives passed an amendment defunding the DEA's raids on medical marijuana establishments in states where it is legal under state law. That provision could be voted on in the Senate today. I am urging all members and their friends and family members to call Senators Tester and Walsh and ask them to support SA 3289. Also, please ask them to support SA3285. This amendment was introduced by [...]

Dear Members:   On Friday, the US House of Representatives passed an historic amendment to defund DEA raids on medical marijuana establishments in states that have medical marijuana laws. This was a bipartisan vote with several Republicans, including House Representative, Steve Daines from Montana, joining the effort to rein in the DEA. The fate of the amendment now lies with the Senate, where, if passed, goes to the desk of the President for his signature. Now would be a good time to place a call [...]

Dear Members: The MTCIA meeting previously scheduled for May 26th has been RESCHEDULED for SATURDAY, JUNE 7, at the LaQuinta Inn in Butte. The meeting time will be at 1:00 pm. This change occurred by popular demand and is being made to accommodate the greatest number of providers who will be attending the meeting. We hope this new schedule will allow members, whom travel from distant towns, to attend without incurring an overnight stay in Butte. We would like to receive [...]

Dear Members: There will be a statewide MTCIA-sponsored meeting scheduled for Monday, May 26, at the La Quinta Inn at 6:00 pm. in Butte. This is a very important informational and planning meeting designed to prepare the medical cannabis industry for the upcoming legislature. The topics for discussion will be: A. Reorganization of MTCIA B. Legislative bill draft items We have 1 hour allotted for discussion of agenda items followed by 1 hour of Q & A. If you are a medical cannabis provider, your future [...]

MTCIA meeting may 15 th 6pm clock tower inn 2511 1st ave. north billings mt.

Dear Members:   There is a meeting for medical marijuana providers scheduled in Bozeman Thursday, May 8 at the Residence Inn by Marriott, 6195 E. Valley Center Road, 6:30 pm. We are in the process of scheduling a MTCIA meeting in Billings on Thursday, May 15. The time and place will be announced in a later posting. . With the primary elections approaching, we have much work to do in preparation for the upcoming legislature. We will avail ourselves for meetings in [...]

Dear Members:   Yesterday,  a hearing was held in Judge Reynolds' Courtroom regarding motions that were filed for partial summary judgments in our lawsuit against the State of Montana. Judge Reynolds heard oral arguments from plaintiffs and defendants as they related to key provisions of SB 423. Those provisions included: 1. Limit on number of cardholders a provider could serve (3) 2. Warrantless searches by law enforcement 3. Providers not receiving compensation for services rendered 4. Doctors being investigated by Montana Board of Medical [...]

Dear Members: There have been many recent inquiries regarding the status of the current MTCIA lawsuit and the hearing scheduled for May 20. We are still on-schedule for the upcoming hearing and are very well-positioned for a favorable ruling from Judge Reynolds on our injunction. We are in the process of transferring our website management from Modwest in Missoula to Zee Creative in Billings. When we complete that transfer, we will post the PDF files of the complete record of the [...]

Dear Members: It has been too long since we have had good news to report. Our funding drive in Bozeman and Butte-Silver Bow Counties has netted a total of $31,000 toward our legal fund. This is a victory for MTCIA and the medical marijuana providers and patients that we serve. Since the 2011 attempt by our legislature to shut down the industry, we have demonstrated our perseverance and determination by collecting over $380,000 in donations which were paid to our legal [...]

Dear Members: I have just recently received a notice from the Goetz Law Office informing me that MTCIA is now in arrears of $28,000 due to a high volume of legal activity in the month of December. You will recall that in May of last year we were given an estimate of the legal costs which would take us through the hearing in May of this year. That estimate was $50,000. We have paid that amount to the law firm that [...]

It's been nearly 2 weeks since we returned from the DPA Conference in Denver. Much has changed since our return. The events drew our organization to a philosophical crossroad. Some board members favored a ballot initiative for legalization, while some members favored trying to affect a fix to our existing law through the upcoming legislature. The issue became very contentious and ultimately led to the resignations of four of our board members who all favored pursuing a ballot initiative for legalization. [...]

Dear members: My name is Mort Reid and I am the newly-elected President of the Montana Cannabis Information Association (MTCIA). As some of you are aware, there is a renewed interest on the part of the Attorney General's Office to resume scheduling of a trial relative to the injunction of several provisions of SB 423. MTCTA's lawsuit and subsequent injunction has been the ONLY saving grace for the medical marijuana community since the 2011 legislature attempted to kill the industry with [...]

The board of the MTCIA welcomes and congratulates Mort Reid to serve as president of the association.  “I am thrilled at the opportunity and look forward to the challenge,” said Mort, who has been an active and staunch advocate for medical marijuana patients and providers in Billings for several years.  The board vote was unanimous, and Mort officially took the position May 3.  He wasted no time and conducted a meeting and fundraiser in Bozeman earlier this week. Mort follows two [...]

The MTCIA is receiving credible reports from supporters in the Miles City area that the State's Drug Task Force is conducting warrantless "compliance checks" on providers in the area. Please be aware this is going on, and if you know providers in that area, please reach out and let them know. Warrantless searches are currently illegal under SB-423. While the law itself allows for them, that provision of the law has been blocked in the MTCIA case by Judge Reynolds. If [...]

Questions on the status of the MTCIA lawsuit and next steps? Join us for a state-wide call on Tuesday, March 5 at 7:00 p.m. The dial in number is 559-726-1000, code is 1030827#. See you there!

This is a long post folks, but an important one.  Last week we received the following comment which expresses deep concern about SB423.  I wanted to offer a formal response and go into some detail: "If the injunction does not become permanent through law.. the State will  appeal.. And when the supreme court rules against the district court( and they MOST CERTAINLY WILL!!!) again Medical Marijuana in Montana could be devastated ! That is why we must act now! It is clear that [...]

Senator Dave Wanzenreid is working on LC0250, which is a bill that would add PTSD to the list of qualifying conditions for a medical marijuana card in the state. We need your help to support this important bill. We are looking for supporters who are willing to send email messages to their own state representatives. We are also looking for veterans who may be able to testify on behalf of this bill when it is before the committee. If would like [...]

For the the background of HB242, see the post below. Suffice it to say HB242 did not do well at the hearing this morning. While the MTCIA did not take a public position on the bill for the reasons previously discussed, plenty of others did, and it wasn't favorable. The opponents greatly outnumbered the proponents. The primary complaint is that for many (most?) employers, the current law works, and this proposed change would create a lot of unknowns and potentially get [...]

House Bill 242 is being considered today in front of committee. This bill would make changes to the law related to drug and alcohol testing in the workplace. For those watching marijuana-related issues at the Capitol this year, the key change is that the definition of "dangerous drug" would be amended from "a dangerous drug, as defined in 49 CFR, part 40, except a drug used pursuant to a valid prescription or as authorized by law" to "any substance defined as [...]

At least you aren't in Connecticut. According to proposed rules just released by the State of Connecticut, applications could run as high as $100,000, the state is only required to issue one dispensary license for the entire state, and applicants have to be licensed pharmacists. Cultivation centers (separate from dispensaries) have to place $2 million dollars in an escrow account directly accessible by the state if the business runs into problems. Both dispensaries and cultivation centers have to submit detailed business [...]

I just sent this to Goetz, Baldwin & Geddes P.C., the law firm who represents the MTCIA in our suit against the state: I am now a few days overdue thanking you for the outstanding work on this case. As an attorney, I can appreciate just how challenging it has been to beat the oddsmakers on overcoming a rational basis test standard, and you guys nailed it. You have quite literally helped thousands of patients around the state and, singlehandedly, saved [...]

Impaired driving is stupid and dangerous, and protecting Montanans from impaired driving is a good idea. But not all approaches are equal, and some, while good intentioned, can cause more harm than good. House Bill 168 was up for public comment today at the Capitol. This bill, introduced by Republican Rep. Doc Moore of Missoula, would establish a per se form of DUI that is specific to detectable amounts of THC in the bloodstream. There are two types of DUI offenses. [...]

The jury returned a verdict late today finding Jason Washington, former owner of a dispensary in Missoula, guilty on two of three counts against him in federal court. He was found guilty of conspiracy to manufacture and distribute marijuana and possession with intent to distribute marijuana. The jury found him not guilty of the third charge, possession of a firearm in furtherance of drug trafficking crime. Jason was not taken into custody, and he was allowed to leave the courthouse on [...]

Representative Kelly McCarthy, (D) Billings, is in the process of assembling four key bills for medical marijuana patients and providers. Mr. McCarthy has crafted a series of bills that would permanently change our current medical marijuana law and bring it into conformity with the injunction Judge Reynolds put in place. Each one, in turn, removes the limitation on the number of patients per caregiver, allows them to receive (gasp!) compensation for their services, relieves recommending physicians from the threat of an [...]

The association's efforts to make positive change in our state laws are now underway at the Capitol. Board member and physician Pat Pardis has kindly taken on the responsibility of lobbying on our behalf. Pat has a great deal of experience working in government and he is a real asset to our effort. He plans on being at the Capitol 3 or 4 days each week to meet with legislators as needed. There are dozens of bills we are currently watching, [...]

Some of you may have noticed our logo recently changed to the Montana Cannabis Information Association, removing the term "industry" from out name. There are several reason we made this change. First and foremost, it is because the only marijuana "industry" in our state is the ever-successful and thriving black market. The handful of individual medical marijuana providers working for patients in our state are simply not an industry by any stretch of the term. There are still some mom-and-pop small [...]

In a decision handed down late today, Judge Reynolds in MTCIA et al., v. State of Montana, ordered that a preliminary injunction should again be in place in order to protect medical marijuana patients from irreparable harm. This means that medical marijuana providers may (1) have more than 3 patients and (2) receive compensation for their service. The specific parts of the current medical marijuana law that have been BLOCKED by the court order are as follows: 50-46-308, MCA (3) (a) [...]

Thank you, on behalf of Lori's family, for the outpouring of support after her passing yesterday. For those who can offer a small donation to help the family with expenses, the family would be most grateful. Donations can be sent to: The Burnam Family 103 West Cooper Lane Hamilton MT 59840 Checks should be made payable to Trevor Burnam. Thank you everyone. Chris

I am very sad to report that Lori Burnam passed yesterday at 2:20 p.m. She was surrounded by loved ones when she had to go. Lori was a bright light and a joy to be around. Was a warrior who fought for what she believed in despite the toll it took on her. At over 60, she took the task improving the medical marijuana laws in our state as her personal responsibility and had a very real impact on our state [...]

I just heard that Lori Burnam's health has taken a bad turn, and family and friends fear it is a turn for the worst. Please keep her in your thoughts and prayers during this difficult time. Lori Burnam is one of the most recognized medical marijuana patients in Montana. She was featured in the film Code of the West and she also testified in the initial hearing in the MTCIA lawsuit over a year and half ago. Most recently, she made [...]

According to news reports, Chris Williams, a Montana medical marijuana caregiver who was charged and convicted of 8 felony counts related to his work at Montana Cannabis has reached a rare "post-conviction" agreement with the US Attorney's office Helena. According to a report on CBS affiliate KBZK, the government will drop six of the eight counts and Chris will receive a sentencing recommendation of 5 years in prison. In addition, the government will drop the forfeiture proceeding against his business, Montana [...]

Today the MTCIA had its day in court to determine if District Court Judge Reynolds will set up a new injunction under the standard required by the Supreme Court. The judge is taking the matter under advisement and has extended the Temporary Restraining Order until he issues his ruling. No matter which way he decides, this will not be an easy decision for him to make. Our attorney, Jim Goetz had a big challenge: prove that the we need an injunction [...]

For a real time updates on the progress of the hearing, visit the MTCIA Facebook site. http://www.facebook.com/mtcia

Jim Goetz has done an outstanding job defending the rights of providers and patients around the state and has, almost single-handedly, kept the program functional. For all the petitions and PR efforts to overturn SB-423, it is has only been through the legal battle that we have seen the program survive every attempt of the legislature to undermine it. We owe him a huge debt of gratitude for his hard work. We also owe him for his attorneys fees. Our bill [...]

In pretrial proceedings, there can be a great deal of back-and-forth that happens with the two sides are arguing.  We filed a Brief in Support of a Preliminary Injunction a few weeks ago, and you can find a summary of it and the document here.  We just received a copy of the AG's office's reply to that brief, which I summarized below.  Following the AG's document, we got the final say filed today, and I also summarized that below.  Links to [...]

Our attorney Jim Goetz contacted the MTCIA today to inform us he would like to host a meeting on the upcoming hearing this week. He will meet anyone interested at his office in Bozeman on Wednesday at 10:00 a.m. The purpose of the meeting is to talk about the legal arguments, implications and the current disposition of the case. This is a great opportunity to talk with our attorney before the hearing if you have any questions! There will be a [...]

Most of you are probably already familiar with Rebecca Richman Cohen's award-winning documentary CODE OF THE WEST. You probably also know that one of the main stories in the film is about Chris Williams. Since shooting wrapped up, Chris has since gone to trial and he has been found guilty of 8 felonies. According to the mandatory minimum sentencing for his various charges, he faces at least 85 years in federal prison. Another partner, Richard Flor, recently died in custody on [...]

We have received our attorney’s brief in support of a new injunction in our case and I wanted to provide a summary of the main arguments here. This injunction seeks to block (again) the provisions of the current medical marijuana law that prohibit any form of compensation, limit providers to no more than 3 patients, and require investigations into a doctor’s medical practice when he or she makes more than 25 recommendations in a calendar year. Recall that the Supreme Court [...]

Our attorney received word from the court that our hearing on a new injunction has been rescheduled for December 13, 2012 from 2:00 p.m. to 5:00 p.m. The Temporary Restraining Order has been extended to that date as well. This means that we are still in exactly the same position, legally, as we have been since this unconstitutional law was put in place in June of last year and our attorney secured the original injunction. PLEASE DONATE to keep this fight [...]

As most of you know, the hearing originally scheduled on the restraining order has been vacated and will be scheduled late this month or in December.  Obviously, we want to insure that the Temporary Restraining Order will be extended until that date.  Due to Veterans Day yesterday, the courts in Montana were closed. I spoke with Jim Goetz' office this morning, and they have not heard officially that it has been extended, but Jim believes it will not be an issue. [...]

I just spoke with the Goetz Law Firm and they have been informed that the date for our hearing is changing. The judge had a conflict and could not hold the hearing as originally scheduled. Jim Goetz, the MTCIA attorney, has responded that the only way we will agree to a change in the schedule is if the Temporary Restraining Order is extended. I understand he does not believe that will be a problem, but we have not gotten confirmation from [...]

We will have a conference call at 7pm Thursday night for a post-election debriefing as well as to discuss the next steps with the lawsuit. Chris is currently on the road to the National Marijuana Business Conference in Denver or we would have scheduled it tonight. Same number and code as usual. Number: 559-726-1000 Access Code: 1030827

The following press release was just issued by Patients for Reform: Bob Brigham, campaign manager for the No on IR-124 campaign, issued the following statement upon the apparent adoption of SB 423: "With IR-124, the politicians won and patients lost," Brigham said. "Montanans are clearly sick and tired of debating medical marijuana, when the conversation should be about when and how we're going to end prohibition, just as two states did tonight. "Medical marijuana is complicated because of prohibition. But we [...]

Some preliminary voting results on IR-124 have been posted on the Secretary of State's website, but as of 9:00 p.m., the numbers are still too partial to tell us the direction of the vote. Stay tuned, and I will post a follow up as more information comes in.

Patients for Reform just sent out the following message on the status so far today: With the polls closing in six hours, we wanted to give you an update on what we're hearing from our volunteers across Montana. * Turnout has been brisk, but the lines haven't been that long. However, if past elections are any guide, the earlier people vote the less time it will take. * Our volunteers who have been on the phones have been getting great feedback, [...]

The journey that began in 2004 -- when 62% of Montana voters allowed patients safe access to medical marijuana -- continues tomorrow at a polling place near you. Tonight offers one last, great chance for you to connect with friends and family to urge them to reject SB 423 by voting NO on IR-124. One way to reach out to them is with the tools we’re offering here, to help you ensure that your friends do vote. Montana Secretary of State [...]

Absolutely nothing. Many have seen recent poll results published by a right-wing polling company called Mason-Dixon Polling & Research Inc., based out of Washington, D.C.  Several Lee Enterprises newspapers in Montana recently published poll results that suggest we are behind in our race to repeal SB423. Mason Dixon is a nearly useless pollster, and provides misinformation based on bad polling questions to news outlets that like to hear their version of reality. It should come as no surprise to Montanans that Lee [...]

The following message went out to the email list maintained by Patients for Reform earlier today: With the crucial vote on Tuesday, we don't just need you to repeal SB 423 by voting NO on IR-124, we need you to connect with your friends, too. Take some time tonight, call your friends and family in Montana. You know your friends and how best to persuade them to Vote NO on IR-124. And how best to make sure they turn out to [...]

Social media is an outstanding tool to get the word around quickly among friends and family. Show your opposition to our broken medical marijuana law by posting and sharing these images with your friends on Facebook or other social media site.

Success! District Court Judge Reynolds issued a Temporary Restraining Order late today, as requested by the MTCIA through their attorney Jim Goetz. The provisions of SB423 which limit providers to no more than 3 patients and prohibit patients from providing anything of value to providers are now temporarily blocked from enforcement by the State. This effectively undoes the effect of the Supreme Court's decision earlier in the week which overturned these provisions in the original injunction. As a result, DPHHS will [...]

Following the Supreme Court ruling yesterday, our case is now back before district court in Helena. Our attorney Jim Goetz filed a motion for a Temporary Restraining Order this morning to keep the state from enforcing SB423's limit of 3 or fewer patients for providers and the ban on any form of compensation for back-end agricultural costs and overhead. He also asked for a new injunction which would reinstate the portions of the injunction overturned by the Montana Supreme Court. The [...]

(October 23, Helena) The Montana Supreme Court today denied a motion filed by the Montana Cannabis Industry Association in its constitutional challenge of the state’s medical marijuana law. The motion asked the Supreme Court to reconsider a recent decision overturning significant parts of a lower court’s injunction against the law. As a result of the September 11 ruling overturning the injunction, the provisions in the current medical marijuana that limit providers to no more than 3 patients and prohibit them from [...]

As many of you know, the recent Montana Supreme Court decision in the MTCIA lawsuit challenging the constitutionality of the current medical marijuana law is now being reconsidered by the Court. Our attorney, Jim Goetz, filed a Petition for Rehearing on September 25. The state’s Attorney General filed a response on October 9. The matter is now being reconsidered by the Supreme Court, and we do not know when a decision will be rendered. While it is possible a decision may [...]

The following was posted on the Patients for Reform website earlier today: Don't Let Lazy Press Mislead You On SB 423 October 15, 2012 Here's is how the Billings Gazette is defining the decision over SB 423: "Voting 'for' means supporting the changes that have curbed medical marijuana businesses over the past year. Voting 'against' means going back to the original, voter-approved 2004 law that allowed medical marijuana businesses to flourish." Here is how Montana Public Radio is defining the decision [...]

Drug policy reform continues to make national headlines, but reasoned, bipartisan dialogue on the issues is increasingly rare. Now, CODE OF THE WEST captures the human story behind the legislative process of state-level marijuana policy reform, revealing with nuance and compassion the fight for and against medical marijuana legalization in Montana. Now you can watch the film online for $5! Purchase a individual stream of the film at http://www.newdaydigital.com/Code-of-the-West.html (scroll to the bottom of the page for the $5 individual stream [...]

The first annual National Marijuana Business Conference is an event focused on business, financial and legal concerns for medical marijuana industry professionals. There will be keynotes from Rob Kampia of the Marijuana Policy Project, Steve DeAngelo from Harborside Health Center and lots of break-out sessions by speakers from across the country. The conference will be held on the 8th and 9th of November in Denver. Topics range from infused products, new mmj products, best practices, testing labs, and overviews on legislation [...]

The state's Attorney General's office responded to the MTCIA's motion for rehearing by filing its "Objection to Petition for Rehearing" yesterday, October 9. According to the Supreme Court's online docket, it now considers the matter officially submitted for determination. We are unable to say how long it will take the Court to render its decision. The arguments between the MTCIA and the Attorney General are fairly technical. The MTCIA argued that it was simply speaking to the issue on appeal: whether [...]

This went out earlier today from Patients for Reform. HELENA, Oct. 10 – No poll shows IR-124 with majority support, and the new law now faces two new hurdles to approval by the voters this year. Patients for Reform, Not Repeal has begun its second radio advertising campaign with a new spot, entitled “Running Away,” which points to the measure’s weak voter support and even opposition from the Montana Republican Party. The spot notes that Sen. Jeff Essman, sponsor of SB [...]

I thought it was about time to follow up on my previous post about Chris Williams' trial. The decision to plead guilty, and ultimately be compelled to testify, came down to a few key factors for me, and I relied on several family members and friends during the course of the last year to help me in make this decision. Here are a few things that tipped the scale in my mind, in no particular order. 1. One of the hallmarks [...]

The group Safe Communities, Safe Kids was the strongest supporter of complete repeal of the voter-approved medical marijuana law during the last legislative session, and worked against all forms of regulation and a workable system for Montana citizens. When complete repeal became impossible, they encouraged legislators to get as close to repeal as possible. 62% of voters passed the law in 2004 -- and in early 2011, polls showed that 76% supported reform rather than repeal. Their efforts succeeded, and the [...]

Chris Williams was found guilty on all counts related to his work at a state-licensed medical marijuana caregiver organization, which was the subject of a federal raid in March of 2011. The verdict was reached by the jury shortly after 5:00 p.m. today and Mr. Williams was taken into custody by law enforcement officers. Chris faces mandatory minimum sentences which run into decades, and could be as high as 85 to 90 years. Maximum sentences run for several lifetimes. “It’s a [...]

The jury is currently deliberating the fate of Chris Williams, the single hold-out in the Montana Cannabis case being tried in Helena and the first medical marijuana defendant to go to trial in federal court in Montana. His attorney moved for a mistrial based on comments made by the prosecutor during closing arguments, but the judge denied the motion. Read more here: http://helenair.com/news/williams-trial-defense-attorney-requests-mistrial/article_43bc4c32-08c7-11e2-919b-001a4bcf887a.html

Earlier today the Missoula Independent published a memo written by U.S. Attorney Michael Cotter to federal law enforcement officials in Montana. The memo discusses plant counts and weights in what appear to be threshold amounts as a basis for prosecution.  Please take a moment to read both the article and the memo. We encourage you to pay particular attention to the comments by Diane Sands, which are quoted in the news story. It is tempting to read this memo as a [...]

This is the petition for rehearing that was sent to the Clerk of the Montana Supreme Court yesterday: Appellees' Petition for Rehearing

As many of you know, I was charged with several federal offenses related to work I did while at a company called Montana Cannabis. All of the original partners in Montana Cannabis have pled guilty to various federal charges related to medical marijuana activity except for Chris Williams, and his trial started today. I and several others related to the business were subpoenaed to testify today and did so in Helena. Chris’ attorney may yet call me back to testify further. [...]

Many providers are rightfully concerned about the upcoming changes to the injunction the MTCIA obtained on our current medical marijuana law. Unless you have been living under a rock for the past couple of weeks, you likely know that the Montana Supreme Court issued a decision that requires that the injunction be changed, and ordered the lower court to reconsider the basis for issuing it. The injunction blocked several of the worst provisions of the current medical marijuana law. The state’s [...]

Check out this statement issued by Patients for Reform earlier today.  To hear the ad, go to http://www.patientsforreform.org/radio-ad/. (September 18, 2012 – Helena, MT) A radio ad airing statewide beginning today uses the voice of state Senator Larry Jent (D-Bozeman) to urge voters to reject Senate Bill 423, the new “repeal and destroy” medical marijuana law passed by the 2011 Montana Legislature, it was announced today. In the ad, Jent admits that the Legislature’s final vote in the 2011 session was [...]

This statement was just sent to the MTCIA by the Department of Public Health and Human Services, and now appears on the Marijuana Program website for the department: "The September 11, 2012 Decision of the Supreme Court in Montana Cannabis v. State, 2012 MT 201, effectively lifts the injunction imposed by District Court Judge James Reynolds, as to the enforcement of §§ 50-46-308 (3), (4), (6)(a), and (6)(b), MCA. However, the decision of the Supreme Court does not take effect until [...]

Unfortunately, as of this moment, we do not know. DPHHS is considering this question and will post information on its website later today. There have been no official statements by the state's attorney general's office. It is a complicated answer for a number of reasons and full of uncertainty. The Court's ruling says the judge's decision is "reversed and remanded." Does the word "reversed" mean the injunction automatically goes away? It is simply not clear. Add to this the fact that [...]

In lieu of our usual monthly meetings, we will be holding a statewide conference call this Wednesday night at 7pm.  We think that it is important to keep everyone informed, but it isn't really cost-effective for Chris to travel around the state.  We also know there are a lot of you unable to attend the meetings for one reason or another. Everyone is welcome to join us.  Chris will lead the call and the primary topic of the discussion will be [...]

As many of you know, Richard Flor passed away on August 30th while in federal custody.  Flor was the first registered caregiver in the state of Montana.  Flor, along with his wife and son, were serving time in prison as a result of their involvement with Montana Cannabis.  He suffered from many ailments that included dementia and diabetes.  He also broke several bones while falling out of bed onto the concrete prison floor.  Despite the Federal Bureau of Prisons having provisions [...]

It is hard to believe the election is just over 2 months away.  We worked extremely hard last year to get IR-124 on the ballot, but that was not the end of our efforts.  We need to join forces once again to help people understand that they need to vote NO on IR-124.  There is a lot of confusion about whether people should vote no or yes, even among medical marijuana supporters.  It is imperative for us change that. On Tuesday, [...]

The following press release will be sent out tomorrow morning: CANNABIS ORGANIZATION TAKES ITS CAUSE TO BILLINGS AREA BILLBOARDS Ongoing Debate over Will of the People Continues Appears on Montana Avenue A billboard reading “Welcome to Yellowstone County, Where the Will of the People Doesn't Count” now appears on Montana Avenue in Billings.  The billboard was put up by the Montana Cannabis Industry Association, best known its legal challenge to the current medical marijuana law.  The new law repealed the popular and controversial voter initiative [...]

In a recent string of cases, the Montana Supreme Court has taken a harsh stand against protections and provisions contained in the former medical marijuana law.  If SB423 is repealed in the upcoming general election on November 9, the legal landscape will be remarkably different for those who attempt to operate under I-148 in previous years. These decisions also directly affect anyone who is currently or may eventually be charged for violating the former law.  Under Montana law, anyone charged with [...]

The lucky patcher is a unique app, and through it, you can perform some extra task on your device. It helps you to modify or patch the apps installed on your device and also helps you to remove the license check. This application can remove the boring ads generated by Google or others apps on your device. But due to some problem regarding the interface, some people don’t want to use this app. For this reason, they are searching for some [...]

As many of you know, an organization called Montana First is passing around petitions to end marijuana Prohibition in Montana, called CI-110.  This protection will apply not only to medical marijuana patients, but also eliminates marijuana crimes for all responsible adults.  While the MTCIA supports a better regulatory approach for medical marijuana, CI-110 presents the best possible solution at the state level - a Constitutional amendment that would protect everyone from criminal penalties.  Just as important, a Constitutional amendment would prevent [...]

Today the Montana Supreme Court heard arguments from both sides of the controversy in our case.  Jim Molloy represented the State of Montana and Jim Goetz represented the MTCIA and the other plaintiffs. The State of Montana argued that Judge Reynolds in the district court should not have used the standard he used in the process of issuing the injunction.   The State asked the Montana Supreme Court to send the injunction back to the lower court with an order to [...]

Providers who registered between July 1 and October 1 will have a bit of a grace period on their renewal date because DPHHS did not require fingerprints until October 1.  Providers’ expiration dates are based on the date of the last fingerprint background check.  DPHHS will do a mailing to providers to tell them how to renew (which will also include new fingerprint cards) about 4 weeks before their renewal is due.   By way of example:  Say a provider signed up [...]

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As many of you have heard, Ed Doctor’s year-long tenure as the president of the MTCIA has come to an end.  Ed has taken the MTCIA’s cause and made it his personal responsibility, and that commitment has made the organization what it is today.  His leadership, insight and humor will be missed.  Ed also resigned his position as a board member so that he can do the important work of starting a Political Action Committee.  The most fundamental change we can [...]

The MTCIA wishes to thank US Representative Denny Rehberg for standing up for the traditional Montana value of self determination, and for showing his support for Montana citizens facing the imposition of federal policies that hurt our state. We believe Montanan’s should decide for themselves what is best for their own citizens – not the Obama Administration. On May 9, the US House of Representatives considered the Rohrabacher-Hinchey-Farr-McClintock Amendment to the appropriations bill.  This important amendment would have defunded federal enforcement [...]

Following our most recent blog post on the costs of the lawsuit, there has been a great deal of speculation that we are prepared to abandon our fight against SB423.  This is not the position of the MTCIA, and we have no plans to give up the fight.  Rather, we are simple asking those who have benefited from the lawsuit to contribute to the cost, and nothing more. The lawsuit against the state of Montana for its attempts to destroy the industry is [...]

We’ve taken some serious hits from the federal government over the last year (on top of the ones delivered by our own state government).  The recent round of federal indictments and raids has had a seriously detrimental effect on what is remaining of Montana’s medical marijuana industry.  Our state law obviously offers no guarantee of protection from federal intrusion and our State Attorney General, as well as every other state-elected official, all continue to remain mum on the harassment and damage [...]

As you may already know, DPHHS is changing its fees for registrations and renewals.  Both new applications and renewals will change to $75 effect on June 1, 2012.  For the nitty-gritty details, the state has posted a .pdf file here.  We thought we would give you some other pointers to make sure things go smoothly with your applications: If you send in your payment and it is received before May 31, you will get the old rate.  After that, you will [...]

Montana’s medical marijuana law was designed to drastically reduce the number of medical marijuana providers in the state.  In 2010, there was 1 caregiver for every 6 patients.  Today, that ratio is 1 to 47, and over 45% of the remaining patients have no provider at all according to the Department of Public Health and Human Services.  Because caregivers often assist patients with news and information, today there are few ways for cardholders to learn about the program or current legal [...]

The most recent round of federal indictments stemmed from the March 2011 raids of Big Sky Patient Care, Montana Cannabis, and MCM as well as the May 2011 raid of Sleeping Giant Caregivers.  This news was a grim reminder of the inherent risks of doing business in this industry as well as the ongoing conflict between state and federal laws.  These indictments carried your typical charges of conspiracy to manufacture marijuana, the manufacture and distribution of marijuana, and possession with intent [...]

The Missoula MTCIA Meeting has been rescheduled for next Wednesday April 18 at 7:15pm. The meeting will be hosted at 2935 Stockyard Rd. Suite K5, Jerry Spurlock's space.

On April 19, Jonathan Janetski will learn how long he will be spending in federal prison.  He is looking at 30 to 36 months behind bars.  Janetski’s tenants were among the medical marijuana providers that were raided in March 2011.  It appears that the federal government is making good on their threat to go after those peripheral, but not directly involved in the medical marijuana industry. According to media reports, we know that Jenetski knew his tenants were medical marijuana providers [...]

The following was presented by Chris Lindsey at the Children, Family, Health, & Human Services Interim Committee Meeting in Helena on March 30, 2012. Madam Chair, ladies and gentlemen of the committee, my name is Chris Lindsey, and I am here on behalf of the MTCIA. If the purpose of SB423 was to encourage people to leave the system, the current law has been a tremendous success. If the purpose was to regulate medical marijuana in a way that can help [...]

The recent federal raids of state legitimate medical cannabis providers in Yellowstone County have people across Montana concerned for many reasons. Patients are worried about having safe access to cannabis. While their legal providers are federally raided and being forced to shut down, these patients are left with nowhere to turn for safe, legitimate access to their medicine. State compliant providers still existing under SB423 are worried about having their businesses shut down and their lives ruined because of federal intrusion [...]

We just published a new page here on the site that is an FAQ on the law as it currently stands.  It is on the lengthy side, but well worth your time if it helps ensure that you are adhering to state law.  Check it out here.  For future reference, there will be a permanent link to the FAQ at the top of this page. Read it, then read it again.

As many of you know, more federal raids took place in the Billings area on Wednesday, February 28th.  We are saddened that the federal government continues to harass people who are attempting to abide by a law created and adopted by our own state legislature.  The U.S. Attorneys Office has released that searches were completed in at least four medical marijuana businesses.  The MTCIA has only been able to confirm two of those searches – one storefront and one warehouse.  Despite [...]

As many of you already know, the MTCIA initiated a constitutional challenge to the current medical marijuana law in the state last summer. Here is a recap on what has happened so far and where we are today. In order to prevent the more offensive parts of the law from going into effect, the MTCIA and the other plaintiffs in the case asked the judge to place injunction on the new law in order to protect patients, providers and physicians. After [...]

Late last month, the state of Montana filed its appeal of the temporary injunction against provisions in SB 423 secured last summer in the MTCIA vs. the State of Montana. Highlights of the state’s argument against the injunction: The right to pursue employment is limited to lawful activities and commercially selling marijuana is illegal under Montana and federal law. There “is no right to pursue health free of government regulations.” The “right to privacy encompasses the right to make medical decisions [...]

Medical cannabis patients are often forced to emphasize their vulnerabilities in order to prove their worthiness to access a botanical that offers them relief. Their “worthiness” is measured by legislators' perceived degree of patient suffering rather than whether or not cannabis is effective for their condition.  This requirement to emphasize a vulnerability, however, belies patients’ strength, courage, and power. Patients were the front lines for challenging the myths and lies on which the marijuana prohibition industries were built. Currently, in Montana, if [...]

Meetings will run from 7:15 p.m. till 9:00 p.m. unless otherwise noted. In recognition of the holidays, this month's gatherings are social and open to non-members.  Helena member meetings to begin early next year. Kalispell Monday, December 12 Glacier View VFW 330 1st Ave This month's meeting will begin at 7:30 PM. It will be a Christmas party with a pot luck and white elephant gift exchange ($5 limit if you'd like to participate). The party will also have an ugly sweater contest with a [...]

Montana’s population is less than a million. In 2008, we had a 74% election turnout. Fewer than 250,000 votes won a statewide race, or with the same turnout would win a statewide referendum. Are there 250,000 votes in Montana to toss out the unconstitutional wreck of a law (SB 423) passed by the 2011 legislature meant to dismantle medical cannabis access in the state? Are there 250,000 votes to end prohibition of the adult use of cannabis in Montana? Start looking [...]

The MTCIA extends its thanks to all those who participate in the effort to bring the truth about cannabis to light in society. We thank the patients willing to share their stories in order to educate the public. Thanks to all those on the front lines as providers, risking much for the sake of their patient-consumers, and also risking much for a principle and for what is right. Thanks to all the advocates and to all the family members and friends [...]

As our members know, we’ve been talking about a single-issue voter campaign since August and have surveyed members as to whether or not they think they will be single issue voters in the next campaign. We’ve initiated steps to educate people on what single-issue voting means, created materials, and took them with us to the Drug Policy Alliance conference in Los Angeles. We’re encouraged to see support for such a campaign in Montana. Because we see advocates picking up the idea,  running with [...]

The MTCIA has been on the road for community meetings during yet another intense week in Montana. More federal raids. (We had some incorrect information that A Kind Caregiver was local law enforcement, not feds. This was incorrect.) The law passed by the legislature, SB 423, was essentially repeal of medical marijuana in Montana. Our challenge to the law, the MTCIA vs. the State of Montana, resulted in having several provisions of the legislation temporarily enjoined and allowed for continued access [...]

Meetings will run from 7:15 p.m. till 9:00 p.m. Any changes in time or location will be announced in advance. These meeting are for MTCIA members. If you are not currently a member and would like to become one, please arrive at 7 pm to sign up. Kalispell Monday, November 14 Glacier View VFW 330 1st Ave West Missoula Tuesday, November 15 Top Hat, 134 West Front St.   Bozeman Wednesday, November 16 Best Western 1325 North 7th Avenue Billings Thursday, November 17 [...]

We all recognize the need for change in cannabis-related laws at the federal level. See the links below to sign on to petitions on the White House server. Release all known beneficial information regarding cannabis (hemp, marijuana) and its derivatives. Stop denying the medical value of cannabis (marijuana.) Remove it from schedule one of the controlled substances act. Remove Marijuana from the Schedule 1 list of drugs in the Controlled Substances Act Allow United States Disabled Military Veterans access to medical marijuana to [...]

Tomorrow, Monday, September 19, the Children and Families Interim Committee meets at 9 a.m in room 137, at the Capitol in Helena. They will discuss the medical marijuana program from 9:05 a.m. - 9:40 a.m. Go here to watch or listen online. Then, Monday evening, The Wheeler Conference begins. The conference, “Medical Marijuana: Thoughtful Questions, Responsible Answers”, will be held at the Red Lion Colonial in Helena. The cost for the conference is $35.00 and includes breakfast and lunch on the 20th. Their objective [...]

Hempfest is happening today in Missoula at Cara Park under the bridge. MTCIA President Ed Docter will speak at 4 p.m. The MTCIA is sponsoring the after-party at the Top Hat at 10 pm. $5 at the door. Music by Last International and Voodoo Horseshoes. Giveaways. And now a little business - A rumor that’s been floating around is that the injunction on SB 423 secured by MTCIA attorney Jim Goetz expires on September 30. This is not true. If signature [...]

(from Chris Lindsey) There are several cases underway that affect Montana’s medical Cannabis community.  The main case, the one run through Jim Goetz’s office, is being financed by the MTCIA.  Others are private actions in different parts of the state, but are key cases for the community and we are watching them closely.  Here is a quick summary. 1.      The MTCIA’s case to challenge the constitutionality of SB423 continues.  Late in June, Judge Reynolds declared that several provisions including [...]

Upon hearing from so many of you affected by SB 423's ban on people on probation from participating in the state medical marijuana program, MTCIA contacted the Goetz Law Firm to request a document asserting that provision's unconstitutionality. Many department of corrections employees probably realize the moral and legal aspects involved in aggressively enforcing their interpretation of this new prohibition, but we have heard that some probation officers are demanding the surrender of medical marijuana cards and metabolite-free urine samples. We [...]

The referendum campaign is being directed by Patients for Reform, Not Repeal.  Rose Habib is coordinating the training effort. There are over 1000 people signed up to get the training to collect signatures. Training is happening in waves. Districts captains are just receiving their training now. District captains in each region will be contacting volunteers as training sessions are scheduled.  Thank you for your patience and your impatience. The eagerness is appreciated.

We’ve heard a rumor. The MTCIA has changed course (flip-flopped is the word we’re hearing) and is now pushing for marijuana legalization. The truth: In Montana, medical marijuana is permitted for qualified patients. However, that right means nothing for qualified patients if there’s no way to access the cannabis. The MTCIA is working on behalf of creating an access system for the patient-consumer that is safe, functional, and respectful of our communities. A functional system requires that patients have the right [...]

 First we have the federal government repressing research on cannabis while patenting one of its active ingredients,  CBD. The feds continue to be very protective of their “ace the hole” – marijuana prohibition – to lock up nonviolent, ordinary citizens, as needed. In Montana, they’ve busted down doors and pointed guns at children to protect exactly who from what? At the state level, we have a legislature willing to pass a law riddled with unconstitutional provisions that override the will of [...]

SB 423, our new medical marijuana law in Montana, prohibits individuals  under the supervision of the department of corrections from being registered cardholders. This was one of several onerous provisions of the bill that our lawsuit sought to have enjoined. While were victorious on many levels, the judge did not agree to that particular portion of our request. However,  he did offer some helpful guidance in his decision (500KB PDF): "While the state may not disregard the health conditions of those [...]

Urgent Update: Get your patients to fill out the form to make you a provider NOW. Updated 12:27 pm Need help understanding process to switch patients from you as "caregiver" to "provider"? MTCIA member Bob Cypers is willing to help: 406- 459-3104 A message from Bob: Morning all, I'm more that happy to answer any questions as they pertain to the provider paperwork.  I can't answer "legal" questions like plant count, husband wife grows et la.  Here is the condensed version [...]

 Some have expressed that they believe the word “industry” in this organization’s name doesn’t serve the cause. Some feel it makes it sound as though the group is all about business and money, rather than patients. Also, the fact that the group openly discusses the impact of the new law on Montana jobs also has led some to critique that it makes the group look money-oriented rather than patient-oriented. It is true that we are stepping forward as a representative of [...]