What exactly IS AG candidate Pam Bucy’s position on medical marijuana? UPDATED WITH BUCY’S RESPONSE


The following collection of statements from Montana Attorney General Candidate Pam Bucy (D) indicates her position on medical marijuana is confusing at best.

From Q2 News:  As Montana’s top law enforcement official, how do you plan on enforcing the state’s medical marijuana law while balancing federal law which says marijuana is illegal?

“I support the people’s right to pass law by initiative, and I will enforce Montana’s medical marijuana law to ensure that the patients who need this therapy have access without fear of prosecution.

One of the issues Montana has faced in regard to our medical cannabis law is a lack of clarity on how the federal government will enforce their laws. As attorney general I’ll work with other attorneys general in the country to get clarification from the federal government on their enforcement strategy. This will allow us to have a clear picture of how we can enforce the law in a way that will protect patients while ensuring that law enforcement have no question about the law and are supported in their enforcement of the law as passed by the people of Montana.”

Bucy, while representing the Police Protective Association in 2011 Legislative hearings, opposed SB326, which expanded the list of  the list of diseases treatable by medical marijuana to include diabetes, hepatitis C and post-traumatic stress disorder. Bucy said

“We respectfully disagree with proponents that this is in line with what the voters of Montana agreed to.”

And the latest twist in the Bucy flip-flopping saga is the following email sent from a reader (name and email address removed).

Yet, in the Lone Tree Lookout, Bucy said the following in response to the question “What’s your perspective on citizen created ballot initiatives?”

To be honest, I love the process. It’s such a grassroots way for people to participate in making policy. It is direct legislation by the people. It is refreshing and you don’t find that everywhere. I really do support it but it allows some reactionary issues to make their way to the ballot. Because some of them haven’t been necessarily well vetted, there are often problems. But, I spent a lot of my time in the Attorney General’s office defending citizen initiatives, and I will continue to do that because I think it’s an important role in Montana, to make sure people continue to have direct access to legislating.

If we are to believe Bucy’s own words, we are rather confused on her stance.  She supports the right to pass legislation by initiative yet she opposes I-148, an initiative passed by 62% of Montanans. She opposes SB-423, the ridiculous stealth repeal that Sen. Jeff Essmann sponsored and passed right before the ending bell of the 2011 Legislative Session but she also opposes opposes allowing Hepatitis C patients access to medical marijuana.  I recently took some heat from the medical marijuana community for refusing to note Bucy as cannabis-friendly in the montanafesto 2012 Cannabis Voters Guide.  I stand by my assessment- she is listed as neutral as the jury is still out of Pam.

Hopefully Pam’s campaign will clarify her position on this important issue.  Her opponent, Tim Fox has a significant lead according to the most recent polling data.

10/29/2012:  Bucy’s response is as follows:

I strongly support the citizen’s right to initiative, and I support I-148.  I oppose efforts to repeal initiatives as passed by the citizens of the state of Montana. I voted against IR-124. While on the road, I mistakenly responded to an email where I mixed up the initiative numbers. This was a typo, not a switch in position.  In my work with law enforcement, we strove to implement this law in a way that stayed true to the spirit of the initiative. As you know, there is a fundamental conflict of law with the federal government which has made patients fearful of prosecution. As Attorney General, I will work with the federal government and with other states who have passed this initiative to find a workable solution to ensure patients get the therapy they need.

Please continue to reach out to me if you have further questions about my positions on these important issues.– Pam

 

Tampering Jury Pools with Federal “Truth”


Today Montana’s headlines blare “Federal Warrant Issued for 1980′s Montana Mountain Man” after federal indictments of former partners of the now-defunct medical marijuana business, Montana Cannabis Inc. were unsealed.  Montana’s media offers a sensational headline as well as a dramatic, emotional story to match- that is, if you are willing to buy the federal government’s version of the truth.

You may recall the story of the Nichols duo, Don and his son Dan, who kidnapped world class biathlete Kari Swenson while she was training in the mountains near Big Sky, Montana.   The notorious Montana “mountain men” also murdered one of Swenson’s friends after he stumbled upon their hideout in the woods.  Kari Swenson’s lung was punctured after Dan Nichols accidentally shot her during an armed standoff. She survived the injury and went on to win a bronze medal in the world biathlon championships after being rescued.  Dan Nichols was released in 1991 after serving six years in prison for the crimes.  His father is still in prison but is up for parole April 27.

Dan Nichols has been charged as an indicted co-conspirator with Chris Williams as well as Chris Lindsey, a Missoula attorney who actually left Montana Cannabis in January of 2010.  What is so outrageous about the indictment is the bizarre conspiracy that the government has invented.  First of all, Chris Lindsey, to the best of his knowledge, has never laid eyes upon Dan Nichols, nor has he heard of him.  He was apparently brought on board by Chris Williams, who remained with Montana Cannabis until March of 2011, when federal raids shut down the business.

Apparently, in the eyes of the feds, if you are EVER involved with a “criminal enterprise”, you are not allowed to quit.  You are also responsible for all  crimes that are committed by any subsequent partner or employee of said “criminal enterprise” for eternity.  Fourteen months prior to the 2011 federal raids, Chris Lindsey left Montana Cannabis after disputes over the manner in which the business was being operated.  Apparently that isn’t good enough for the feds.  He is now being lumped in with a kidnapper and murderer who he has never met, never spoken to, never even heard of.  Why?  Because sexy stories sell newspapers and when people read them, they believe them.  The feds know that prohibition is on shaky ground in the US, jurors across the nation are not only expressing reluctance to convict marijuana “criminals”, many consider prosecution of these people, especially in states that have legalized medical use of marijuana, to be a colossal waste of taxpayer funds.   Fortunately for the feds, the media is easily manipulated.  We already know the truth doesn’t matter to US federal government as marijuana wouldn’t be illegal if they were interested in science or any factual evidence.  They continue to promote their failed policies by utilizing fear.  Americans are afraid of crazed, murderous mountain men who would dare kidnap a world-class athlete.  Dan Nichols is considered armed and dangerous.  I certainly wouldn’t approach him, that fear is most likely warranted.  Chris Lindsey, on the other hand, is someone I would trust to watch my daughter.  He is a kind, compassionate intellectual.  He is an educated professional.  He isn’t a firearm enthusiast and he isn’t the least bit violent.  The actual truth isn’t nearly as scandalous though, so the feds will do their best to ensure Chris Lindsey’s story is suppressed.  It appears that the indictment of the exciting “mountain man” was necessary to substantiate the sentences Chris Lindsey is facing for spending 10 months as in-house legal counsel for Montana Cannabis, if convicted of the federal crimes in which he is accused- mandatory minimum sentences total 690 years.

Another former partner of Montana Cannabis, Tom Daubert, who authored Montana’s original medical marijuana law, is scheduled to offer a guilty plea to a federal charge of “conspiracy to maintain a drug-involved premises” on May 3.  Like Lindsey, Daubert divested his interest in Montana Cannabis long before the raids.  Why he wasn’t also indicted with Williams, Nichols, and Lindsey is unclear at this time.

The recent indictments as well as sentences handed down to others charged and convicted (via plea deals) as a result of the March 2011 raids have indicated that Montana’s state law umbrella offers zero protection from federal prosecution, whether the accused was operating in “clear and unambiguous compliance with state law” or not. One can only wonder why Montana’s DPHHS employees, legislators who pretended to deliver created regulatory legislation, and electric companies (the only REAL marijuana millionaires in the state) are not also indicted co-conspirators.

The Facade of Federal Justice


Leniency for corruption

Former Butte Montana city judge, Steven Kambich, convicted of bribery in federal court was sentenced this week to paying $5000 in restitution, far less than even the total of the bribes he accepted, and five years of probation.  He faced fines of $250,000, a prison sentence of up to 10 years and 3 years of supervised release.  Kambich offered guilty pleas in January for accepting bribes in excess of $13,000 in exchange for dismissing traffic tickets and other citations.  He was accused of a variety of other corrupt practices unbecoming of any human being let alone an elected official.

In a January 13, 2012 press release related to the case, U.S. Attorney Michael Cotter said:

“There are few positions in the law more powerful than that of a judge. Judges have the authority to change individual lives with their actions. Former Silver Bow County City Judge Steve Kambich pled guilty today in Federal Court to accepting bribes – usually in the form of cash or checks – for dismissing traffic and other misdemeanor tickets. The prosecution of Kambich sends a strong message that public corruption will not be tolerated and when detected it will be prosecuted.”

Chris Lindsey faces up to 25 consecutive life sentences for adhering to state medical marijuana laws.

Sounds more like a slap on the wrist to me, especially when the punishment is contrasted with sentences facing former medical marijuana caregiver Chris Lindsey.  Although he has not been accused of breaking any state laws, the Missoula attorney is facing federal mandatory sentences ranging from 690 years to 25 consecutive life sentences with an additional 85 years for good measure.

What ever happened to the guidelines contained within the infamous Ogden memo? In the memorandum, the Department of Justice said that it was committed to the “efficient and rational use” of its resources and that prosecuting patients and distributors who are in “clear and unambiguous compliance” with state laws did not meet that standard.

Lindsey may indeed have been in “clear and unambiguous compliance” with Montana’s medical marijuana laws, but we may never hear about that in court as evidence indicating adherence to state laws is inadmissible in prosecutions for violating federal laws.

Bribery by a corrupt judge warrants a more lenient sentence than those that medical cannabis providers receive? In what sort of world is the dismissal of charges in exchange for cash a lesser crime than advising a medical marijuana business of their rights and responsibilities under state law?  Even monsters like Charles Manson have parole opportunities periodically.  This isn’t the case in federal cases where inmates serve 85% of their sentences at minimum.

Life presents us with many injustices and often reforms are only possible after exhausting struggles.  Familiarize yourself with jury nullification at http://www.fija.org.  Education is the answer.  Please share this story in any way possible-  via social media, telling everyone you know, writing a letter to the editor, however you see fit. A tyrannical federal government affects us all.  The oppressive muscle of the fed knows no bounds- now it is medical marijuana, but what is next?  Guns?  Healthcare?  Education?  Whether you use medical marijuana or not, please don’t be so naive as to believe that this doesn’t affect you.  I am haunted by this injustice.  Law enforcement is in theory a comforting sight.  Good people aren’t supposed to fear federal agents yet when I see anyone with a badge, I am faced with the reality that one day I could be in a similar position as Chris.  Although I am not a marijuana user nor am I a marijuana provider, simply discussing becoming one is a federal crime.  Most of us commit federal crimes every day without even realizing it.  Chris is your neighbor, your friend, your mentor, your brother, your father, your husband, he is me and he is you.

There is no crueler tyranny than that which is perpetuated under the shield of law and in the name of justice.”          –Charles de Montesquieu