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

 

Rep. Dave Howard shares his infinite wisdom

The following photo was posted on the Facebook wall of Rep. David Howard (R-HD-60).  I’m not sure any further commentary is necessary.

Marijuana according to Rep. Dave Howard

 

 

 

 

 

 

 

 

 

It was posted along with this letter from Safe Community, Safe Kids.

The Montana Cannabis Industry Association has organized an effort to repeal SB423.THE LANGUAGE FOR THEIR INITIATIVE, I-124, IS CONFUSING ON PURPOSE!! THIS IS TO TRICK YOU INTO VOTING AGAINST, WHICH IS VOTING FOR, AN UNCONTROLLED CRIMINAL ENTERPRISE.

The Legislature did not overturn the will of the people with SB423, instead they took medical marijuana back to what voters initially voted for.SB423 effectively eliminates the FOR PROFIT CRIMINAL MARIJUANA industry that Montanans never voted for and do not want.

SENATE BILL 423 IS WORKING.
Since it’s passing, the number of registered medical marijuana users has dropped from 30,000 to 8,849, the number of providers has dropped from 4,800 to 395, and many of the storefronts are disappearing. With the law imposing additional requirements for minors to obtain cards, there are now only 2 cards holders under the age of 18.

On Initiative 124 vote[X] FOR Senate Bill 423, a bill which repeals I-148 and enacts a new medical marijuana program.

[ ]AGAINST Senate Bill 423, a bill which repeals I-148 and enacts a new medical marijuana program. A vote against Senate Bill 423 will restore I-148.

Stop the Pot Industry
Please SHARE with family and friends.

I know nothing about Howard’s Democrat opponent Jim Dickey, but I would have to guess that there isn’t anyone more ignorant in HD 60 than Rep. Howard.  Please, voters.  Do the right thing.  Get this man out of our legislature.

Not All Outlaws are Criminals: “Code of the West” Film Review

On the eve of the day in which approximately half of all voting Montanans will receive their 2012 primary election mail-in ballots, I dedicated some time to reviewing “Code of the West“, a documentary account of the rise and fall of Montana’s medical marijuana industry, thanks to the Montana Legislature’s obsession with eliminating this “scourge” from Montana.  Directed by Rebecca Richman Cohen, an Emmy award nominated filmmaker, “Code of the West” was a grim but generally accurate portrayal of the events surrounding Montana’s 62nd legislative session.  The footage of our great state was beautiful and the final result was a truly impartial look at medical marijuana in Montana.

Medical marijuana is a contentious issue in Montana and emotions run high on all sides of the topic. Richman Cohen accomplished something I thought was impossible.  While still unlikable, I didn’t despise Cherrie Brady, whose group “Safe Community, Safe Kids” was largely responsible for the rapid decline of legislative support for regulatory marijuana legislation,  nearly as much as I did during the legislative session.  The movie portrayed Brady as someone who was convinced of her beliefs and obviously committed to maintaining the lies behind prohibition.  It seems like many religious people feel they need to remove all temptation and risk from the lives of their children and spouses in order to live a virtuous existence and Cherrie is no exception.  With those thoughts in mind, I have decided she is no longer deserving of my enmity, I’ve decided instead to pity her.  Education is the key to overcoming ignorance, but first we must overcome fear.

I am very thankful that some of the clowns Montanans elected to represent us in our legislature won’t be returning in the 2013 session.  Mike Milburn, Speaker of the House and sponsor of HB 161, the marijuana repeal bill is termed out of the house.  Rep. James Knox, sobbing on cue in the documentary footage as he claimed the repeal was necessary to “save other people’s brothers” from the evils of marijuana, has thankfully moved to Texas.  The entire house of representatives and over half of the senate is up for reelection this June (primary) and November (general election).

Although each election is portrayed as the most important in our lifetime, this election is crucial to Montana’s future.  Marijuana didn’t destroy our state’s rough and tough cowboy image… the blame for that is placed squarely on our elected officials. They are quick to tell the feds to stay out of our healthcare, let us deal with our own wolves, and that they will pry our guns from our cold, dead hands yet when marijuana providers were being raided and robbed by our government, they not only didn’t protest, they welcomed federal intrusion.  Montana isn’t represented by strong, rugged leaders, we have spineless yes-men eager to toe the party line to protect their political future.  It is time we stand up to them and send a serious message on election day, that we are a force to be reckoned with.

Much has occurred since completion of the documentary.  Parts of SB 423, the legislature’s virtual repeal of Montana’s medical marijuana law have yet to be implemented as a result of a temporary court injunction.  Naturally, the state of Montana has appealed that ruling and oral arguments are scheduled before Montana’s Supreme Court on May 30.  Countless Montanans have lost everything they own as a result of asset forfeiture, whether or not they were ever indicted by the feds.  Those who were indicted also lost their freedom to the federal government’s unconscionable war on drugs.  Tom Daubert, one of the film’s primary characters, an indicted co-owner of Montana Cannabis, has cut a deal with the government as have nearly all of those indicted as a result of the March 2011 raids.  So far, nobody has been brave enough to test the government in court and the feds have in most cases offered very attractive deals to cooperative witnesses.  Perhaps though, the tides are changing.  Chris Lindsey, one of Daubert’s former business partners plans to take the case to trial.  Although he essentially faces a mandatory minimum life sentence, he believes in the cause enough to fight for his freedom and thus, for our rights.  As Chris faces a lifetime behind bars, the least we can all do is show up in vast numbers to vote for the candidates who are friendly to our cause.  For more information on those candidates, see the 2012 Montana Cannabis Voters Guide.  As more information becomes available, the guide will be updated.  Primary elections are Tuesday, June 5.

Want to see “Code of the West” for yourself?  Screenings of the film will be shown in cities across Montana May 15 – May 23.  For details on dates, times and locations- as well as information about the discussion panels to follow the screening, check this link.  We realize that this is an emotional issue,  but we would ask that those attending the screening refrain from any negative behavior.  We have the truth on our side, why contribute to the inaccurate image our opposition has painted for us?  Tolerance may not provide instant gratification, but in the end, it will be worth it.

Related articles

• Study Shows Correlation between Medical Marijuana Laws and Lower Traffic Deaths (jdjournal.com)
• Medical marijuana advocate pleads guilty to federal drug charge (billingsgazette.com)
• Marijuana Money Prompts Legal Flap In Colorado (denver.cbslocal.com)
• Medical marijuana cardholder numbers keep falling (billingsgazette.com)
• Connecticut Will Be 17th State To Legalize Medical Marijuana (activistpost.com)
• Absentee ballots to be mailed Monday across Montana (billingsgazette.com)

Pastimes of the Virtuous

                                                                                                                                             

Righteous David Howard, whose is apparently a minister of the Lord, enjoys very interesting videos in his spare time.

Screenshots like this don’t require further commentary.  Thankfully Rep. David Howard, of Montana’s GOP God Squad infamy, has a contested primary June 5.  Republicans may want to check out his conservative competition- Kathy Harman and Dale Milligan.  Democrat Jim Dickey will face the winner of the primary in November to battle for HD 60.

Other than that, I’m pretty speechless.

 

Related articles

• Tampering Jury Pools with Federal “Truth” (montanafesto.wordpress.com)

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.

Related articles

• Warrant Issued For ‘Mountain Man’ (myfoxchicago.com)
• ‘Mountain man’ in biathlete’s notorious abduction seeks parole (mercurynews.com)
• Montana’s Politicians… An Impotent Lot (montanafesto.wordpress.com)

Senator Jeff Essmann’s Taxing History

Jeff Essmann announced tonight that he will GASP be running for Governor of Montana.  In an uncomfortably awkward conference call- townhall meeting, Essmann prosaically  listed his accomplishments, forgetting all about the legislation that provided him essential name-recognition. His fluffer, Senator Jason Priest; assisted with creating some faux passion for the candidate who is generally regarded as the epitome of dull.  As Essmann would launch into another list of accomplishments, occasionally Senator Priest would stop him, exclaiming “I’m sorry to interrupt you, Senator Essmann, but what you just said was pretty exciting! Perhaps you’d like to share more about that with callers.” Repeated themes throughout the “event” included:  resisting the Obama agenda, standing up to federal intrusion in our state, and “Essmann with 2 Ns”.  The callers seemed to be plants- although many cannabis patients and providers on the call tried to ask questions, none of them were able.

My favorite caller was Warren, from Lolo. He is a retired, older gentleman living on a fixed income.  Although he owns his home, he suspects he will soon be forced to sell it as the property taxes are very high.  It is interesting that Warren mentions this issue, actually; he certainly was talking to the appropriate person anyway.  You see, Essmann’s legislation, a re-write of HB 658, was an attempt to mitigate the financial sting of property reappraisals.  The attempt backfired and instead of lessening the blow, Montanans were slapped with the largest property tax increases in their lifetimes… during an economic recession.

So, Warren; does that answer your question? Essmann, a self described “conservative republican” is no stranger to funding government growth with tax proceeds-in fact, he proposed adding a local sales tax as well. As the unpopular candidate struggles to stand out in a like-minded crowd his insatiable appetite for taxes will set him almost certainly set him apart from the pack.  Currently, nine GOP candidates are vying for the position of Governor, all of whom happen to be more interesting and well-liked than Senator Essmann.

Life Lessons Via Montana Politics

Over six months ago, I wrote “the girl without a party”. It was one of the lowest moments of my life politically.  I posted it on my personal blog because I wasn’t yet comfortable associating my name with montanafesto.  Concern about my political reputation and the potential for retribution was quickly outweighed by disdain for the actions of the people I’d helped elect. Ron Paul- supporting Republican cannabis activists aren’t the most popular people in the GOP.  In the last year, I have learned some tough lessons and I’m an infinitely better person as a result.

I learned that sometimes I needed to separate politics from people. Democrat State Senator Kendall Van Dyk and I were friends long ago, early in his political career.  I was even in attendance when he originally announced he was running for the Montana House. Differences in our political ideology created some distance between us and next thing you know, I was campaigning against him in the 2010 election and bashing him publicly.  I’m rather sure I referred to him regularly as a socialist.  Donning my finest liberal looking faux eyeglasses, flat hair and earth tones, I attended a lovely Forward Montana fundraiser in Kendall’s honor.  Certain my disguise was adequate, I brazenly carried on as if I fit right in with the liberals at the event.  Until, that is; that Kendall recognized his old friend and decided to politely but publicly, call out my ridiculous behavior.  I was mortified….. not because it was embarrassing, but because I was WRONG.  My partner in crime was a tea person, actually the founder of Montana Shrugged’s boyfriend and after the awkward situation, we rehashed the night’s events at length.  The overall consensus was liberals suck and KVD deserved the criticism.  I, however; wasn’t convinced that my behavior was justified so I sent Kendall a lengthy and sincere Facebook message apologizing for my heinous behavior.  The rest is history.  During the last legislative session, he was in regular contact with me- asking questions, offering suggestions.  We’ve even found a number of issues we agree on.  Life isn’t always black and white.

I learned to think twice before accepting an invitation to a politician’s holiday dinner.  Last Thanksgiving, I dined with the Representative James Knox family.  I was certain that after Knox tasted my truffles and experienced delightful and intelligent dinner conversation compliments of my honor student middle school daughter and yours truly that he would consider the possibility that Montana’s state-licensed cannabis community wasn’t entirely composed of dangerous criminals.  No dice.  While dinner was lovely, James Knox later invented statements I’d supposedly made at the dinner to use against me with his fan club, Safe Community, Safe Kids.  He sent my personal information, cell phone number, Facebook url, email address, you name it, to the entire email list of SCSK with the instructions to “flood my inbox” with harassing messages.  He threatened to sue me for defamation for posting actual business contracts he’d entered with a prominent local medical marijuana caregiver.  He accused me of photoshopping vicious statements in screenshots that I’d taken from his personal Facebook wall.  I could have forgiven him for most of it, but claiming his brother was “stolen by marijuana” as he cried on cue in legislative testimony….. it was just too much.

I learned to value behavior over beliefs. I never liked Senator Dave Wanzenried’s politics, after all, he’s a yikes, Missoula liberal.  I sure like his character though.  Although I assume he probably answered every email he received, I definitely noticed that he responded to all of mine, all of my father’s, and all of my grandmother’s.  Considering that none of us live in his senate district and none of us are democrats made this especially unusual.  As a result, I paid more attention to his politics and discovered he wasn’t THAT liberal.  Although not at all surprised, I was disappointed he withdrew from the Gubernatorial race.

I cannot respect politicians who will not respect their constituents. I never liked Senator Jeff Essmann’s character and the last legislative session only reinforced my opinion. Prior to the 2010 elections, then RNC chair Michael Steele stopped in Billings for an event on the “Fire Pelosi” bus tour.  I worked the door for the event and directed incoming traffic to one side or another depending on if they had paid for their entrance in advance.  Dutifully, I greeted the smiling Republicans as they entered the event…. until Senator Essmann arrived.  I asked him if he’d paid in advance and I will never forget the look on his face.  He looked me slowly up and down, finally steadying his gaze, as he angrily snarled “Excuse me! I sponsored this event. You’ve got to be kidding me.”  He glared at me and stomped away.  As others in line stared at me, I was certain they were shocked that a lowly nobody like me would dare request that someone as important as dry cleaning millionaire Jeff Essmann pay the family entrance fee of $35.  US Congressman Denny Rehberg…. he paid.  Former Senator Conrad Burns….. he paid.  Gubernatorial candidates….yep, they paid too.  In Essmann’s eyes, I’m apparently a nobody.  I was, at the time; the elections director for the Young Republicans…. nowhere near as important as him. Although that day, I was dirt under Essmann’s shoes, he created plenty of mud in the following months, and I can’t wait to sling it at him.  He plans to announce his run for Governor of Montana soon and I intend to show him some of the love he showed me.

I learned that currently, the only big tent in Montana’s Republican Party is a CIRCUS tent. The tent is big enough for all of the hatred and all of the tea people/extremists/religious zealots but there is only room enough for people like me right around election time when candidates need some help placing signs and knocking on doors.  Sorry boys, this cycle I won’t be helping you, but I’m not going away and neither are the thousands of Montanans who are just like me. We will hold you accountable.

I’m not giving up hope. 

Humble “Public Servant” Jeff Essmann’s Exploratory Gubernatorial Committee Wants Your Input

At last, Montana’s infamous cannabis abolitionist-senator Jeff Essmann wants to clear up some rumors he’s been hearing because you, the voters, “deserve more than rumors”.  He’d like you to know that he is “actively considering a run for Governor in 2012.”  I’ve always considered consideration to be rather passive in nature, but Essmann’s sort is apparently active.   In the following letter Senator Jeff Essmann sent to voters on August 12, he refers to himself as a “public servant“, the shepherd of a conservative balanced budget, chairman of this, leader of that, blah blah blah.  He implies that the other candidates are can-kickers who lack the leadership qualities he epitomizes.  I’ve included images of both sides of this roughly-written letter (note to Essmann:  a speech/letter/legislation writer is in order) so you can enjoy it as much as I.

Jeff Essmann WANTS TO HEAR FROM YOU!!

Here is his contact information.                                                                                       406.534.3345                                                                                              jeff@jeffessmann.com                                                                                                            PO Box 80945                                                                                                                    Billings, MT  59108

Highlights for me:  He never voted for a state budget that increased government spending.  Nope, he increased YOUR spending on taxes.  I don’t know about you, but I just LOVE taxes.  In light of the number of unemployed Montanans Essmann’s legislation created, it warmed my heart to read that his annual coat drive has provided 90,000 winter coats to the needy.  Guess I know where we will be getting our coats this winter.  He mentions that his willingness to take on the toughest of challenges is a trait we need in our next governor.  Let’s see here.  He had four sessions to deal with regulating the medical marijuana industry.  He waited until the very last minute of the very last day of the very last session, when he forced dumped his hot mess, SB-423, on the laps of Montana’s elderly and ill.  Sounds courageous.

“Running on Empty” Speaker Jeff Essmann Runs From Constituents

Earlier this week, I received several invitations to the Billings stop of the “Running on Empty” bus tour by Americans for Prosperity.  Slated to speak at the event were Sen. Jeff Essmann (author of the infamous “black market” marijuana bill, SB423), Rep. Tom McGillvray (who at at an RLCC fundraiser stated that Montana was wasting its money on meth prevention as our real problem in Montana is medical marijuana) and Rep. Krayton Kerns, who pretends to be more constitutional and liberty-minded than he is in reality. The guest speakers were greeted by far more protesters than conservative supporters. Someone in the crowd called McGillvray a “commie”, Kerns was asked if he’d returned his federal farm subsidy welfare check and the cowardly star speaker, Jeff Essmann, couldn’t be bothered to attend. Prior to the event, representatives from the Ken Miller for Governor campaign were overheard calling to warn others of the opposition. Why are so many candidates for governor afraid of their constituents?  Opponents of McGillvray and Kerns outnumbered supporters at least 3 to 1 although some reports indicated that over 100 protesters attended while 20 or so were friendly.

Where’s Essmann?

Essmann may have been home analyzing the results of the recent solicitiation letters he sent to constituents as he explores a potential Gubernatorial bid.  Oddly enough, he omitted authoring SB423 in the lengthy resume’ he included in the letters.  He has repeatedly claimed that droves of his constituents begged and pleaded for a repeal of Montana’s medical marijuana law, so it does seem strange that he didn’t mention let alone herald that particular accomplishment. Perhaps he was using medical marijuana. Oh yes, that’s right, he has never done such a thing…. or has he?    Perhaps Essmann was home proposing legislation for the biggest tax increases in Montanans’ lifetimes.  Oh, never mind.  He already did that! Maybe he was providing statements to police, hoping to ensure a newly unemployed cannabis caregiver would be charged with a violation of the dreaded “privacy in communications act”.  Yeah, he already did that too.  Perhaps Essmann was out looking for Rep. James Knox, word on the street is that he’d like him to be his lieutenant governor.  Unfortunately for Essmann, Knox is apparently planning to leave the state, presumably taking his $733/mo in health benefits, compliments of Montana taxpayers, with him.

Anyway, back to the Americans for Prosperity event.  I wasn’t in attendance, but reports of McGillvray and Kerns being loudly booed were consistent.  One Republican politician- who actually lobbied Essmann and company to abandon plans for repeal in favor of thoughtful legislation during the session- left early because he was uncomfortable with the number of union thugs shouting down the speakers.  He said that he was not there to support the speakers but to support the local effort to elect new leaders who understand the need to live within our means and recognize that over-regulating is not the conservative way. Josh Daniels, an outspoken advocate for patients’ rights as well as a member of Patients for Reform, Not Repeal , said  “Overall it was a sad showing for them.  As a libertarian I do agree with the general concept, but the MT Tea Party is working for a nanny state with the LDS church on cannabis regulation.”  Mr. Daniels held a sign that read “SB423, Welcome Back Blackmarket”.

The Bozeman and Helena stops on the bus tour Thursday afternoon were also attended by a sizable group of protesters.  Friday’s stops include Kalispell, as well as the liberal university city of Missoula.  Similar events in Florida last week drew smaller than expected crowds. Perhaps Americans for Prosperity, a conservative group funded by the libertarian Koch brothers, should do a little research on their prospective speakers. I’m pretty sure that a speech by Republican Representative Mike Miller wouldn’t have drawn such opposition.

Most of those in attendance cited the need for jobs in Montana.  Note:  McGillvray, Kerns and Essmann all voted to eliminate the thousands of jobs in Montana’s medical cannabis industry.  Times certainly have changed since the last conservative bus tour stop in Billings. When then-GOP chairman Michael Steele brought the “Fire Pelosi” bus tour to Billings prior to the 2010 elections, hundreds of smiling and cheering supporters attended the event and I don’t recall seeing even one protester.  If only we had known then what sort of fools we were electing to represent us.

Thwarting the Tyrannical Minority: IR-124

During Montana’s 2011 legislative session, 113 of our elected representatives, in direct contradiction of the expressed will of the people, imposed their self-righteous puritanical views on the rest of us by approving SB 423. The lawmakers, after refusing to draft thoughtful legislation,approved Sen Jeff Essmann’s 33 page medical marijuana repeal bill and proudly announced to the  276,042 Montana voters who approved the state’s original law (I-148) that they were fulfilling voter intent.  Voters, patients and growers, however; were not convinced and have launched an initiative referendum campaign to refer SB 423 to Montana voters for rejection or approval.  IR-124, depending on the number of signatures obtained; has the potential to suspend SB 423 until November of 2012.

GET INVOLVED! This is an opportunity to assert your rights as a Montana citizen.  Legislators need to be reminded that they work for us and that we the people decide their political futures.  Repealing a citizens initiative sets a dangerous precedent and regardless of how Montanans actually feel about medical marijuana, it is difficult to understand how ANY could argue against empowering voters by allowing them to choose.  If we had trusted the legislature to act on our wishes, we would have never had a medical marijuana program in Montana yet a resounding 62% voted to approve it.  Time will tell whether this was or wasn’t what Montanans voted for.

If you are interested in helping with the effort to place IR-124 on the ballot, we’d love to hear from you. Visit our website, Patients for Reform, Not Repeal.  Training is required prior to gathering signatures so contact a zone coordinator or trainer and we will reserve a spot for you in one of our training sessions.

CONTACT INFO FOR PETITION TRAINERS:

SW Zone, Missoula/BRoot: Gabe McMurray at Sweetwater Caregivers at gabertoothtiger@gmail.com , phone number: 541-0420, Sweetwater also on Facebook

 NW Zone, Flathead area: James Blair, at jimmy1@neverhaulwateragain.com​ , also on Facebook as Jimmy   NC Zone, Great Falls area: Jessica Johnson mylittlebuggaboo@hotmail.com , 564-2667, and Grant Grenfell, here2headbang69@hotmail.com

SE Zone, Billings area: Elizabeth Springman at Elizabeth_Springman@yahoo.com 697-1810, and James Haneyheavenscentcannabis@gmail.com 670-0143

SCentral, Livingston, Big Sky, or Bozeman: Monica Blanchard in Livingston at ccofmt@gmail.com, 333-2622, or Charles Gaillard in Big Sky atjoinergroup@aol.com, 386-931-9334 ,and Dante Bonanin in Bozeman at bonusattheboz@hotmail.com

Central, Helena/Butte: Barb Trego at BarbsGoats@aol.com, 459-6247, and in Butte: Tawnya LaFond at TKiliayaRose1@aol.com 490-4273

Eastern Zone, Havre, Plentywood, Miles City, Glendive, Terry, Jordan, Circle, Glasgow, Wolf Point, Sidney, Broadus: Nicole French at NicoleFrench88@gmail.com 208-0204 and on Facebook.

Please consider making a financial contribution or give us a few hours of your time….the September 30 deadline for obtaining the necessary signatures is looming.

Saint Essmann: The Innocence of Malignant Narcissism

Thanks to Montana Cowgirl for picking up my slack…. Senator Jeff Essmann stammered while attempting to answer a question on Aaron Flint’s Voices of Montana this morning.  That question?  “Senator Essmann, have you ever smoked marijuana?” reminded me of the time Rep James Knox (RWNJ-Billings Heights) was asked if he’d ever sold drugs.   Unfortunately, I’m far too busy coordinating the eastern side of the state in the Patients for Reform, Not Repeal quest to actually fulfill voter intent by allowing the actual voters to decide whether Jeff Essmann’s baby, SB 423 is a hot mess or a brilliant piece of legislation.  Hypocrisy reigns in the prohibition crowd….

I don’t really care if Essmann has smoked marijuana nor did I really care if President Clinton was receiving extra-curricular blowjobs, but I don’t appreciate liars- especially those who feed at the public trough. On the other hand, maybe Essmann is just that much of a dork. He could in fact be the only adult human being I’ve ever met who hasn’t tried marijuana… but I doubt it.

Smaller Government Advocates Wasting Our Money

Once again, I’m going to put out a call to Montana’s Republicans to stop embarrassing me.  This is a conservative blog and I’m tired of ranting about the actions of those on my own side. Former GOP Chair Jake Eaton and Billings City Council hopeful Jennifer Olsen have lost their vital complaint against Senator Kendall Van Dyk for allegedly violating campaign finance and practices laws by posting…… GASP……… a photo of his own completed absentee ballot.   Olsen, who is a co-founder of Montana Shrugged, a group of factually challenged tea people; often screams for “SMALLER GOVERNMENT” yet apparently felt it would be acceptable use of taxpayer dollars to investigate this dreadful alleged crime.  Jake Eaton and Jennifer Olsen…. they actually make quite a team.

Montana’s Office of Political Practices is reportedly understaffed and overworked… one would think that smaller government advocates would refrain from wasting limited resources on petty complaints, but then again, we are talking about Eaton and Olsen.  Olsen  filed to run in a thankfully contested race for Billings City Council ,Ward 5 shortly after being soundly defeated in a bid to become vice-Chair of the Republican Party.

Trouble in Senator Essmann’s Bubble

Despite Essmann’s confident assertion that his new black market marijuana law is entirely constitutional, Judge Reynolds today issued a ruling today temporarily striking nearly all of the components of the law the MTCIA  considered unconstitutional, overly burdensome, or entirely unreasonable. The ruling places patient access and provider ability somewhere in the murky area between fully upholding Montana’s new medical marijuana law, SB423 which was set to take effect July 1 and temporarily nullifying the legislation in its entirety. Available here, the ruling in favor of the medical marijuana industry, successfully enjoined several provisions. Three of those provisions were voluntarily ceded by the state during the  legal proceedings last week (patient limits, warrantless searches, and the ban of advertising).  The others are as follows:

The Good

• Providers can thankfully still charge patients for their medicine. SB 423, cannabis donation legislation, required that providers receive no compensation of any sort.  The judge found this expectation unprecedented.   “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.
• No board of medical examiners investigations for physicians recommending cannabis to 25 or more patients in a 12 month period. SB 423 required doctors to pay for their own mandatory investigations after recommending 25 or more patients in a year.
• Unannounced searches:  This component was ruled unconstitutional and providers and patients will not be subject to the warrantless searches required by SB 423.
• Advertising ban: This was ruled unconstitutional and will not take effect July 1.  Caregivers/providers are still able to advertise.  I wouldn’t advertise at this point, however; as I believe laying low is rather important during this transition period.
• Patient limits: This component has been stricken.  Providers are free to have as many patients as  they desire. (SB 423 called for 3 patients maximum)

The Bad

• To those on probation:  Probationers’ cards apparently are now void until we are able to obtain the signatures to repeal this law.  The faster we accomplish this feat, the more quickly we can suspend ALL of SB 423, not just the components ruled unconstitutional today.  If you have the resources, I’d suggest looking into a lawsuit to ensure the same health care access as other Montanans.  Keep in mind, I’m not an attorney however and cannot give legal advice.

The Ugly

Here is the real problem….unfortunately, we have a glitch in the transition period between being “caregivers” under I-148 and “providers” under SB 423.

• There is no current provision in the law protecting cultivators from arrest as of midnight tonight.  It does appear, however; that the judge intends for commercial activity, legal cannabis commerce to commence and essentially this appears to be a bureaucratic oversight. But…. we don’t know.  We are hopeful this legal limbo period will be cleared up by the Department of Health and Human Services, but of course; this isn’t a guarantee.  We cannot tell you that you won’t be arrested.  Some activists are suggesting providers arrive in Helena tomorrow to sign up to become a “provider” rather than a “caregiver”.  Please be very careful in the meantime.
•   Another wrinkle is that the new law requires “providers” be named as such, meaning there is a possibility that we won’t be able to transition to the new status until patients actually NAME us as their provider, but we are hopeful that the DHHS will assist in any way possible.  There is an allowance for a short transition period in the new law which allows “providers” to bypass the FBI background check and fingerprint requirements if they are accepted as “providers” prior to October.  Anyone intending to become a provider is encouraged to avoid these requirements, unless of course; you feel comfortable essentially sending the federal government notification that you intend to break their laws as well as an address to locate you for arrest. But that’s just me….

What Now?

I’m very confident that we will obtain the signatures required to overturn SB 423 completely but it won’t be easy, especially in a state the size of Montana. We have to do so by September 30. We need all of the help we can get, so if you haven’t yet; please sign up at mtcia.org.  We need assistance at every level- from those only willing to sign the petition to those who will serve as county or house district captains.

Keep in mind, there are MANY Montanans who are neither patients or providers helping with this effort.  Our state government sought to overturn the will of Montana voters (62% of us voted to approve the medical use of cannabis back in 2004) and every Montanan should be concerned about this.

*Participating in this important process does not brand you as a marijuana user/proponent/grower/millionaire (ha).  In fact, I’m not currently a patient or caregiver/provider. I stand to gain nothing from overturning SB 423, yet I’m coordinating the entire Eastern zone (which doesn’t even include the county in which I reside), assisting with management and coordination of gatherers in my county and house district, participating in my area MTCIA committee, running Montanafesto, and mothering my beautiful 13 year old mini-me political activist daughter.  None of us are being paid for our efforts and we are working our asses off to ensure patients have safe consistent access as I believe we all (yes, even Republicans) have a responsibility as human beings to help our disabled and infirm.  We are also working to ensure cultivators have a livelihood, so consider helping us help you. *

 You may not care about marijuana, but what about your second amendment rights?  How will you feel if the government decides to enact onerous legislation restricting your use or possession of firearms?  What if your industry is deemed “immoral” or “not what Montanans voted for”?  How will you feel then? If our legislature can overturn a citizen’s initiative passed by so many voters, what sort of message are we sending our already apathetic youth?  It is high time that Montanans start defending our rights, defending our constitution, and defending those of us who aren’t able to defend ourselves.

We are sorely in need of financial assistance as this was only the beginning of this battle.  We have an incredible legal team, but that sort of representation is very expensive. Due to anxiety over the new law, we’ve had a difficult time fundraising the past few weeks.  Now that we have a partial victory, please consider donating to our cause.  We currently owe our legal team a large sum of money. Click on the “donate” tab at mtcia.org- even if you can only spare a few bucks.  If anyone has any fundraising ideas, non-monetary donations, etc, feel free to contact any member of the mtcia board or to leave a message for me here (montanafesto@live.com). Thanks so much to those who have donated not only financially but with their time and talents.  This is a team effort and we are all making history.  Prohibition has a long history of failure, which side of history are you on?

Any questions?  I will do my best to answer queries in the comments or via email.

RAIDS: **warning**

There are rumors that federal raids will be occurring through the first week in July. I cannot confirm the validity of these claims, but please be careful.  Assert your rights as American citizens.  Barring presentation of a valid warrant, don’t allow law enforcement to enter your premises. 

There is, as I write, a federal and state raid occurring in Montana right now, reportedly in Missoula.  There is reportedly nothing atypical about it- plants are being seized, as well as inventory and equipment.  Don’t regard these growers are criminals- it could just as easily be any one of us.  In fact, it appears the most visible and compliant growers have actually been the ones raided.  There is, however; no pattern to the raids.  Some small growers have been raided because of connections to larger growers.  Most are dispensaries, but some were delivery only.  Don’t think for one moment that you are safe- you aren’t.  

Maintaining a total plant limit of under 100 may be beneficial. Please use common sense…. Be as close to invisible as possible.  No newspaper ads emblazoned with marijuana images, no Jason Christ-like tactics like smoking from a massive water bong on the Capitol lawn.  We are a professional but controversial industry so acceptance requires compromise.  

America’s Enemy Protectors

Whenever I think that America is by and large too intelligent to accept our federal government’s propaganda, another Facebook friend will remind me that I’m mistaken.  Last week, Ron Paul and Barney Frank introduced HR 2306, legislation to remove marijuana from federal regulation,  allowing individual states to create their own laws governing the plant’s use, cultivation, and sale.  The bill is obviously rather controversial and my Facebook news feed indicated that I had plenty of close-minded pals who were content to accept what ever current truth the government was peddling.

It’s illegal! It is a schedule I substance! It is a gateway drug! It is dangerous and addictive! It is immoral! I find it absolutely abhorrent that anyone places their trust in government.  Are you aware…..

• that the US government used well-known foreign and domestic journalists to publicize propaganda? Don’t even consider believing everything you read.  Always question.
• intentionally mislead and denied treatment to poor black men suffering from syphilis as recent as 1972?
• of the Church Committee? Did you know the CIA utilizes weapons that create heart attacks?  Sounds outrageous, huh?
• that our federal government (CIA) utilized universities and other institutions to conduct illegal and dangerous experiments on unwitting American citizens?

Your government lies to you.  Period.  Regardless of political affiliation, our government serves to feed itself, certainly not to protect us.  We need to stop the partisan bickering and realize that our own government is the enemy.  We are overcriminalizing to justify expansion of law enforcement and tax increases while losing the fundamental liberties our nation was founded upon…. and yet Americans accept it.  Where is the public outcry?

Every 30 seconds another American is incarcerated for a cannabis “crime”.  Yet, in legislative hearings and court proceedings, so many of us blindly accept the words of narcotics officers as truthful.  Mark Long, for instance; is Montana’s Narcotics Bureau Chief.  Although that is his official fancy title, he often testifies on behalf of the Montana Narcotics Officers Association, a non-profit organization of law enforcement officers who aren’t even required to reside in Montana whose mission includes the statement “It is imperative that we, as law enforcement officers, have a better communication network than that of the people we deal with.” I suppose that is referring to criminals? Can we really trust that Mark Long would be honest? Especially considering the likelihood that a large portion of his friends, members of the association he represents would be unemployed as a result of rescheduling or decriminalizing cannabis?  If cannabis providers aren’t seen as credible witnesses because of their “profit-driven industry”, why are officers like Mark Long? Don’t we all protect our own interests?  Doing so, however; under the guise of public safety is inherently wrong and shouldn’t necessarily provide any appearance of truth in a courtroom- or anywhere for that matter.  Working for the government should not make anyone a more credible witness.

Mark Long recently spoke to the Gallatin County Republican Women about the rise in crime rates since Montanans approved the use of medical marijuana in the state in 2004.  A short time later, a preliminary injunction hearing was held on Montana’s new medical marijuana law, SB 423.  In testimony,Long clarified the statements he’d made to the Republican women, which were blatantly false.  He claimed that he was only referring to the increase in medical marijuana crimes in Montana since 2004.  Considering medical marijuana didn’t exist prior to that time in Montana….. hmm. OK.  Mark Long’s postition provides him immediate credibility with a bulk of Montana’s voters, but why is that?

Stockholm Syndrome. The abusive are masterful. They are doing this for our own good, who knows better than the almighty federal government?  The government is addicted to its own bloated budgets.  The self-righteous hypocrites trample the US Constitution while shouting that they are upholding it. In a world where alcoholics and pill addicts thrive, cannabis users are criminals.  The people least able to defend themselves, the ill; are forced to live in fear of their own protectors. The government propaganda machine is so refined that even highly intelligent individuals are lulled into surrendering their rights. Question authority.  It isn’t unpatriotic, it is American.  When we accept  what “authority” claims to be true without demanding proof, we betray not only ourselves, but all of mankind.

Pardon me, media…. your bias is showing

Thomas Jefferson once said,

“The man who reads nothing at all is better educated than the man who reads nothing, but newspapers.”

Jefferson’s assessment certainly rings true in Montana, especially when regarding the growing controversy of Montana’s medical marijuana industry and the 62nd legislature’s de facto repeal of a citizen’s initiative legalizing medical use of cannabis.  Irresponsible and disrespectful newspaper headlines continue to read “Medical pot industry group asks judge to halt law“, “Arguments to conclude in medical pot hearing“, We didn’t elect GOP to ax medical pot“, you get the hint.   Is it so difficult to call it “cannabis”? I can’t recall seeing headlines in the same publications crying “Mr. Smith arrested for slinging oxy/dillies/percs/80s/beans/ludes” or “Dr. Doe raided after shooting smack in surgery”.  Regardless of how the media FEELS about cannabis, their job is to report the news, not exhibit incredible bias.

The media also continues to mislead readers with posts like the following, which was taken from KULR8’s Twitter account.

 

 

 

 

State Senator Jeff Essmann, known for passing the biggest tax increases in Montana history; continues to assert that his legislation removed the profit from the industry, effectively portraying the medical cannabis industry as profit mongering.  Suggesting that the new law makes cannabis providers non-profit entities is a blatant misrepresentation.  The new law essentially eliminates all providers by economically crippling them.  Providers are unable to accept any sort of renumeration for their service.  This means that providers are forced to give away their product, wisdom, time, etc.  Growers cannot be reimbursed for costs incurred with growing (electricity, security, etc), supplies, or equipment. This isn’t a non-profit marijuana law, this is  compulsory NO PAY, medical cannabis donation legislation.This isn’t an attempt to remove the profit, it is a bid to entirely eliminate medical use of cannabis in the state.

From failure to report the actual amount of money seized in federal raids of cannabis providers (in one case, the total was $600 compared to the $1.2 million listed on the warrant) to using slang terms and outright lying to Montanans, our lawmakers and media are complicit and should be held accountable. Do your own research, always question and never blindly accept the media’s version of truth.

Overcriminalization and Montana: Marijuana Mecca?

A couple of weeks ago, I accompanied a friend to a local trial.  She’d been charged with a violation of Montana’s Privacy in Communications statute.  Never heard of it?  Join the club.  Here is an overview of my friend’s “crime”:  Late last year, “Jane” was enduring a difficult pregnancy and was on physician-ordered bed rest when she received paperwork detailing her 8 year old son’s father’s intent to sue her for full custody.  Considering the case was filed out-of-state and the father had not once seen his son since his birth, she was understandably upset.  After leaving messages with several attorneys, she decided to call the local courthouse to ask about the legal procedures involved with such a case.  The clerk of court told Jane that she was unable to provide legal advice, but Jane assured her she wasn’t looking for any- she simply wanted to understand the process.  The clerk told her in no uncertain terms- at least four times- that she COULD NOT PROVIDE LEGAL ADVICE.  Jane, sensing a communications disconnect, asked to speak with anyone else in the office.  The clerk asked if she was referring to her “boss”, to which Jane replied “well, sure… I suppose.  I’d just like to speak with someone else”.  The clerk proceeded to inform Jane that she had no boss because she was an elected official.  Considering the circumstances leading to this conversation, Jane was already rather upset and the clerk’s bully-like behavior sent her over the edge.  She asked “Am I supposed to kiss your ass because you are an elected official?”  The conversation ended soon after and Jane received a call later that day that the police would like her to drive into town to collect her citation for violation of the privacy in communications statute.  She retained an attorney and was confident the charge would disappear.  It didn’t.  After an afternoon at the courthouse, she was convicted of the charge.  She was fined $600, given ten days in jail (although suspended) and ordered to anger management classes at her own expense.  She had no criminal record whatsoever.  Although I have no idea what these officials are paid for their work, I silently began estimating the cost to taxpayers.  The judge, city attorney, clerk of court, two deputy clerks of court, and a police officer were all present for the entire trial- which lasted nearly four hours…. all to prosecute my friend.  It occurred to me that the local government was exploiting justice to justify their employment and fund the bureaucracy.

Some states, like California; are making laws to avoid jail for non-violent offenders but in Montana, selling marijuana can get you a life sentence.  Homosexuals who recruit others to become homosexuals can spend 10 years in prison for that offense.  In 1970, there were fewer than 200,000 people in jail or prison in the United States.  Currently, there are between two and three million and our incarceration rate- nearly 800/100,000 is the highest documented rate in the world.  The size and scope of criminal law- on all levels- has exploded yet the quality of the law has deteriorated.  While traditional law focused on inherently wrong behavior, today we see countless examples of economically or socially beneficial laws under the guise of “justice”.

While my friend’s behavior was not respectful of the clerk of court’s position, was it really a CRIME?  Should we feel safer knowing that Jane, instead of investing in her new business or paying off medical bills after a difficult pregnancy is paying the city court because she said the word “ass” on the phone?

An elderly orchid gardener was raided by a SWAT team after failing to obtain the proper forms and documents necessary when importing orchids.  Although the orchids were legal, he is now a federal criminal.  The United States imprisoned an elderly diabetic for two years because of paperwork inadequacies.

In another case, an elderly grandmother faced a high-profile court battle after being cited because two bushes in her yard were over two feet tall. In addition to a fine, she faced significant jail time after her bushes had grown beyond acceptable height while she battled cancer.

98% of all statistics are made up.  ~Author Unknown

In today’s Bozeman Daily Chronicle, Mark Long, head of the state’s US Justice Department Narcotics Bureau, makes the assertion that crime in Montana is up because of medical marijuana although statistics in every other publication claims that crime rates are down.

“All marijuana used to come from Mexico and Canada,” he said. “Now it’s Montana, Mexico and Canada.”….. Mark Long

Newsflash!! California, Montana has surpassed you in quantity and quality.  It is obviously a well-kept secret considering BC, Humboldt, and other areas famous for growing cannabis have faced little challenge, from Montana the Marijuana Mecca.  It seems that Mr Long is more upset that he isn’t able to prosecute medical marijuana crimes anymore…. because they are no longer crimes.  These abuses of power are all connected. Create more laws, create more criminals.  That equals job security for Mark and his law enforcement friends.

Repealing the “Black Market” Bill: A Preliminary Guide to Process and Procedure

Confused about the status of SB 423, Senator Jeff Essmann’s bill to eliminate safe access to medical cannabis in Montana? The following provides background into Montana’s initiative, referendum, and repeal process.

SB 423 Monitoring: Montana Marijuana Act Initiative Referendum to Overturn Law Prepared for the Children, Families, Health, and Human Services Interim Committee

Background

Within days after the 2011 legislative session ended, opponents of a bill that repeals Montana’s Medical Marijuana Act and replaces it with new provisions announced that they would try to place the new law before the voters in November 2012. The effort centers on a little-used practice in which Montanans may try to gather enough signatures from registered voters to place a law enacted by the Legislature on the ballot. If they succeed, voters then decide whether to retain or reject the law. At issue in this case is Senate Bill 423, which replaces the existing Medical Marijuana Act with more stringent provisions for individuals who use marijuana for debilitating medical conditions, the physicians who provide written certifications involving such use, and the individuals who grow or manufacture marijuana and related products. The Montana Cannabis Industry Association (Association) is sponsoring the proposal. The group hopes to gather enough signatures to not only place the law on the ballot, but also to suspend its implementation until the November 2012 election. How the Process Works The Montana Constitution allows for both an initiative process and a referendum process. Most voters tend to think of an initiative as an idea generated by a private group, which then gathers signatures to place the proposed law on the ballot. For example, three initiatives qualified for the November 2010 ballot — one to reduce interest rates charged by so-called “pay-day lenders”, another to prevent the imposition of a real estate transfer tax, and a third to change how some hunting licenses are granted. On the other hand, voters tend to think of referendums as a law that the Legislature passes but puts before the voters before it goes into effect, to make sure voters agree with the law. But the Montana Constitution also allows for a process in which voters may place an act of the Legislature on the ballot as a referendum if interested parties submit a petition that is signed by at least 5% of the registered voters in at least 34 House districts and by 5% of the voters statewide. The total number required is based on the number of votes cast for governor statewide and by House district in 2008. The proposal must go through the review process required for all ballot measures, including:                                                                                                                                   • submission of the proposed ballot statements and text to the Secretary of State;                • review of the ballot statements and text by the Legislative Services Division;                      • rejection, acceptance, or modification of the Legislative Services Division recommendations by the sponsor;                                                                                          • the sponsor’s submission the final ballot statements and text to the Secretary of State;    • review of the proposed ballot language by the Attorney General’s Office, including an opportunity for public comment; and                                                                                       • final issuance of the petition by the Secretary of State after the Attorney General’s Office has completed its review and found that the petition is “legally sufficient”. After those steps are completed, the sponsor may begin collecting signatures. An act referred to the ballot through the initiative process remains in effect until the election is held unless enough signatures are obtained to suspend it. That would occur if the Secretary of State certifies that at least 15% of the registered voters in each of at least 51 House districts signed the petition.

Timeline for the SB 423 Petition

The Secretary of State accepted the petition from the Association on May 12, starting the clock ticking on the various timelines for review.

. To date, the following events have occurred:

• May 26: The Legislative Services Division completed its review of the ballot statements and text and provided the sponsor with suggested changes.                                                 • May 31: The sponsor responded to the Legislative Services Division comments.               • June 1: The sponsor submitted the revised ballot statements and text to the Secretary of State.                                                                                                                                        • June 2: The Attorney General’s Office received the ballot language and text for review.    • June 6: The Attorney General’s Office asked the Governor’s Office of Budget and Program Planning to estimate the fiscal impact of SB 423. The Budget Office has 10 days to prepare a fiscal note. The Attorney General’s Office must complete its review by July 5. If it approves the proposal, the proposed ballot issue will be returned to the Secretary of State. That office will then provide the approved petition to the sponsor, who may begin gathering signatures at that time. Signed petitions may be submitted to county election officials until September 30. The county officials must certify the signatures and file the signed petitions and certified totals with the Secretary of State no later than October 28. If enough verified signatures have been gathered, the Secretary of State will certify to the Governor that the initiative referendum will appear on the November 2012 ballot and/or has been suspended. Petition sponsors must gather and submit 24,337 verified signatures, including signatures representing 5% of the registered voters in each of at least 34 House districts, to place the measure on the ballot. If they meet that threshold, they may then attempt to gather additional signatures to suspend the law until the November 2012 vote. Anywhere from 31,238 to 43,247 signatures are needed to suspend the law, depending on the House districts in which the signatures are gathered. If sponsors meet the requirements for either step sooner than Sept. 30 and enough verified signatures are on file with the Secretary of State’s Office before October 28, the measure could be certified for the ballot or be suspended before those deadlines occur.

To read legal filings thus far, click here.

To donate to this endeavor, visit the MTCIA‘s website.  Funding is critical as our legal dream team isn’t cheap.

Become the change you want to see: Sign up to help here.  Whether you are interested in being a county or house district captain, a signature gatherer, a notary, even if you simply would like to sign the petition, we would appreciate your help.  Our board, zone coordinators and committees are donating their already scarce  time and could use assistance.

I’m coordinating the Eastern Zone and personally need some help in the following countes:  Valley, Carter, Powder River, Prairie, Dawson, Garfield, McCone, Petroleum, Phillips, Fallon and Carbon.  Also in House Districts: 30,32,35,38,39, and 41. Please contact me ASAP if you can assist.  

Senator Essmann’s Insatiable Appetite for Taxes

“Now, more than ever, Montana needs leaders who understand that more government doesn’t mean more prosperity,” said Sen. Jeff Essmann, R-Billings. “Montana needs leaders who know that higher taxes don’t lead to more jobs … and who understand that environmental obstructionism doesn’t put food on the table for struggling families. …

In 2009, Montana’s economy was struggling.  Unemployment had nearly doubled while the quality of jobs had declined.  Nationally, the mortgage crisis, bank bailouts and healthcare reform all contributed to the erosion of opportunity in the Treasure State.

While Republicans typically oppose tax increases and reject virtually all new taxes, Jeff Essmann regularly defies party principles in attempts to boost the tax burden to fund government growth. Although such legislation is typically carried by Democrats, during the 2009 legislative session Essmann proposed implementing a local option sales tax. Regarding this additional tax, the senator said “Everybody talks about property tax relief, no one does anything about it – this is my attempt to do so.”  Opponents criticized the legislation as increasing taxes on not only tourists, but potentially all Montanans and the bill eventually died.

Maybe Essmann was only trying to prepare Montanans for the impending fiscal shock of their lifetimes. The senator rewrote HB 658, to mitigate the impact of Montana’s property tax reappraisals which are mandated every six years. The previously revenue neutral legislation was sponsored by Rep. Mike Jopek (D) who actually voted against the bill after Essmann and his committee dramatically modified the piece.  The unpopular legislation passed on the  last day of the session, eliminating the possibility of an amendatory veto and it became law without the signature of Governor Schweitzer.  As a result of the bill, property taxes for many Montanans skyrocketed during this difficult financial time and Essmann conveniently placed responsibility for his own legislation on Governor Schweitzer and Revenue Director Dan Bucks. Essmann compassionately suggested that Montanans utilize reverse mortgages to cope financially, effectively placing the burden on their heirs.

Now it appears Essmann, the owner of a water vending business,  is poised to announce his run at the 2012 GOP Gubernatorial nomination. Montanans- especially Republicans- need to seriously consider whether they are comfortable with the possibility, albeit a remote one; of a tax-lover like Essmann governing the state.  The campaign cycle will no doubt be brutal as the race is already very crowded, already featuring a number of other declared candidates – three more from Yellowstone County alone and rumors of others soon to join.

 And just when I thought I’d recovered from enduring hours of Essmann the Senator’s pompous,dry, slow speech patterns….  I cannot imagine the level of arrogance he’ll display in his attempts to convince Montanans to hire him as the state’s CEO.

 Although a formidable opponent in the bragging department, Rick Hill’s campaign has been plagued by sleazy revelations about his personal life that gained national exposure.  Hill’s “Mermaid-Gate” was responsible in part for Politico raising the rating of the 2012 MT Governor’s race, which is now considered the most competitive in the nation.

Corey Stapleton, a former naval officer who served as Montana’s Senate Minority Leader was recently called the “future of the Republican party” by former US Congressman Ron Marlenee.  Perhaps best known for sponsoring Otter Creek coal development legislation and saving taxpayers millions by replacing the Montana Department of Revenue’s failed POINTS computer system, Stapleton has thus far managed to avoid most criticism.

Ken Miller, who ran unsuccessfully for governor in 2004 (who came in third in a four-way primary, ironically placing only ahead of a democrat), believes we should “reject federalism when harmful to state’s rights” and that “we should stand with AZ Governor Jan Brewer”. The TEA party favorite, Miller lacks the support of mainstream Montana Republicans.

Neil Livingstone has the most interesting resume, but is largely unknown to Montanans.  Rumors have circulated that he is only using this race to increase name recognition for a 2014 run, but sources in his camp deny this. Jim O’Hara, a Chouteau County Commissioner, is an advocate of wind farms and other renewable sources of energy. He is passionate about world hunger and resource management and also lacks statewide name recognition. Keith Winkler, another Yellowstone County Republican, is largely unknown even in Billings, where he resides.

 

 

 

A Montana Medical Cannabis Patient’s Introductory Guide to the Black Market

Montana is, as of June 1, 2011; issuing medical marijuana patient cards and renewals under emergency rules written by the DPHHS until July 1 when new regulations under SB 423 take effect. A troubling muddle of statements, clarifications, and retractions, Montana’s medical cannabis program is as confusing as ever and patients are looking for answers. Barring successful legal intervention prior to the new law’s inception, all patients will lose their current caregiver.  The patients who aren’t currently growing cannabis (I-148 allowed patients to grow their own in addition to selecting a caregiver to grow 6 plants on the patient’s behalf) will be forced to suffer needlessly until they either locate a altruistic nanny-approved grower (growers cannot be paid, all product is free) approved by the state or successfully complete the growth cycle of the plant (up to 6 months).

As transparency in the cannabis trade ends, illegal drug dealers across the state are expected to benefit from the new regulations. They are silently celebrating, raising prices, and preparing to retrieve the market share previously lost to the state’s legal medical cannabis industry. Many patients will inevitably turn to this segment of the population out of desperation and necessity.  Some already have after federal agencies began raiding Montana caregivers March 14, 2011. Stoners often find that locating a reliable and trustworthy black market purveyor of illegal substances is challenging so imagine the difficulty for Montana’s average stage IV elderly cancer patient.  Doing business with someone who operates in the illicit underworld presents many challenges which inspire me to offer the advice listed below. Note: Authorities in Montana have most likely provided confidential patient records/information to federal agencies.  At the very least, the state has failed to protect patients when federal agents have seized such records.  The federal government has been very inconsistent regarding marijuana policy and fewer patients are willing to expose themselves to the increased risk involved with becoming a cardholder. 

• Contribute to MTCIA.  Hopefully someday, as a result of the group’s work, you won’t be forced to conduct clandestine transactions in dark alleys.  Considering you are suffering from a debilitating disease, you may be dead by that time, unfortunately.
• Be discrete. If you absolutely must use the telephone, always operate on the assumption that it is tapped.  Don’t text or leave incriminating voice mail messages and don’t save the dealer’s number in your phone as “weed boy”.  If you must include “weed boy” in your contact list, consider using a legislator’s phone number for that contact.
• Be polite.  Don’t complain about the price, you aren’t buying a used car. Blame prohibition, Montana’s 62nd legislature, or specifically, Senator Jeff Essmann for inflated prices.  Don’t be demanding.  Although Montana’s marijuana dealers aren’t typically murderous thugs, there are always exceptions and it is in your best interest to be friendly.
•  Transactions require cash unless alternate arrangements have been made. Have exact change. No money back guarantees, no returns.  Trading for sex isn’t typical in the marijuana world, contrary to the testimony of Montana’s legislators.  When you prostitute yourself for cannabis, you are simply a slut.  Period.
•  If you find a prompt, accommodating dealer who provides a good quality product at an acceptable price, consider yourself fortunate.  Tipping isn’t customary nor is it expected although it could definitely contribute to a copacetic (for some reason many dealers use that word) relationship with your new friend.
• Lower your expectations.  Your experience will be nothing like a visit to your old dispensary.  Your dealer will probably not be punctual, so be patient. You will have fewer, if any; strain choices.
• You may want to invest in a digital scale.  Ideally, the dealer will weigh the quantity in your presence, but if nothing else, weigh it when you get home.
• If you are desperate, one-time transaction drug dealers can be located at jam band (Widespread Panic, The Allman Brothers, etc) shows and festivals.  Vendors often sell delicious medibles (cannabis cheesecake, anyone?) in addition to medicine and cool stoner accessories.  Arrive early (and I’m talking HOURS early) to hang out on the lot prior to the event.  Listen for  the words “nuggets”, “kind bud” , “phatty nugs”, “headies”, etc.  This may be difficult if you are elderly or disabled due to your disease.  Perhaps you could ask a legislator to assist, if this is the case.
• Although possession of larger quantities carries the risk of higher penalties, the fewer transactions you have with a dealer, the better. Except in cases like this.  Often the price is significantly lower in bulk as well.  Montana’s cartel members who have amassed a surplus choose to bury it in a van in their backyard.
• Don’t deal with anyone under 18.  Ever. No matter what he/she is willing to do for just a taste of your medicine.

This is by no means a comprehensive or exhaustive list and should not be considered an endorsement of illegal activity. 

Shrugging off the Tea Party Takeover of Montana’s Republican Party

Apparently the  tea people takeover of the Yellowstone Central Committee wasn’t quite enough for the Queen of the Tea People, Jennifer Olsen, the Ken Miller for Governor Campaign Facebook Administrator and founder of Montana Shrugged, Tea Party Patriots.  Check out a recent post from Ms. Olsen:

VOTE for me! for vice-chair of the state republican central committee in June!

So…..I have decided to run for vice-chair of the state republican central committee. I have a lot of ideas that can help unify conservative voters across the state of Montana and I would appreciate your vote at the convention in Butte in June…

So…..I have decided to run for vice-chair of the state republican central committee. I have a lot of ideas that can help unify conservative voters across the state of Montana and I would appreciate your vote at the convention in Butte in June. As one told me, the job is what you make of it, and I’d like to see the Republican party of Montana do BIG things. Including of course, winning every seat up in 2012. Who’s with me?Working on my slogan…..but it’ll be good!  

No matter what my slogan…..I want to win in 2012!  Not just for me but for the future of our state…..and our country.  

You can count on me to be a ‘doer’.  I would appreciate your vote in June!

 

Remember this though?  Eric Olsen, In February of this year, co-founder of Montana Shrugged and Jennifer’s father; said “We are equal opportunity haters.  We don’t like Republicans, we don’t like Democrats.  We are Americans working on American issues.” It does certainly seem odd that nearly every core member of Montana Shrugged is now an officer in the Yellowstone County Republican Central Committee, but perhaps it is only a coincidence. Always controversial, the group seems thrives on publicity, whether positive or not.

Although Ms Olsen sends out mass emails from Montana Shrugged, she also claims that her personal opinions aren’t necessarily those of Montana Shrugged’s. Considering she is a co-founder of the organization, one may assume she aligns herself with the same values, and after all, she was using the organization’s email address, not her personal one.   A complaint filed against the group for their partisan campaign and election activities was dismissed late last year due primarily to media exceptions in Montana law.  The Office of Political Practices is keeping a close eye on the group, according to sources.

Many of Montana’s most recent session’s freshman lawmakers are sympathetic to the tea people’s cause and although they consider this year’s session to be a resounding success, some of their own party disagree.

“You are scaring the you-know-what out of them with this kind of talk,” veteran Republican lawmaker Walt McNutt said. “This needs to stop and stop now. Stop scaring our constituents and stop letting us look like a bunch of buffoons.”

It is also worth noting that approval ratings of the 2011 legislative session hovered below the 15% mark, so legislators who consider it a success were apparently using completely different criteria than mainstream Montana.   Perhaps accomplishing thoughtful draconian marijuana reform repeal contributed to the legislature’s confidence in themselves. After all, there was Senate Majority Leader Jeff Essmann’s strange speech at Yellowstone County’s Lincoln Reagan dinner….  after an extensive introduction befitting of a king, the arrogant and aloof Essmann read a letter from a medical marijuana patient who essentially told Essmann that the senator had failed Montanans and succeeded only in destroying an industry.  Essmann’s response, naturally; was “Mission Accomplished”.  Evidently, job killing is now a tea people-approved activity.

Good luck to Jennifer Olsen in her quest to take over the Montana GOP. Perhaps readers would like to suggest some pithy campaign slogans for Ms. Olsen.  Should you require some inspiration, I’ve included a few screenshots from her freedom-loving Facebook account.

Should the screenshots not provide quite enough material to choose from, an automated slogan generator is located here.

The Comforting Embrace of the Government Nanny

 Montana’s 62nd legislature, led by a healthy Republican majority, sought repeatedly to overturn citizens initiatives and impose new moralistic standards upon its citizens.  As a result, the hypocritical right; who profess a dedication to smaller, more localized government and less intrusion, is being criticized state-wide by its own members. The left generally looks to the government to solve whatever problems we face but most Montanans are already aware that the government’s solutions are generally more destructive than than any problems presented to us. What ever happened to this? Montana is widely known for its libertarian bend and traditionally has had no problem in the past saying no to the federal government.  Real ID, wolves, firearms…. we generally prefer to rule ourselves.

Forget political ideology, Montanans should be dropping labels and stereotypes and embracing each other in the battle our own federal government is waging against us. Instead we are divided, selectively enforcing components of the constitution to meet political needs.

Gonzales v. Raich, the Tenth Amendment, and Controlled Substances Act

Gonzales v Raich essentially ruled that even intra-state marijuana activity was subject to federal jurisdiction via the Commerce Clause. Federal intervention falls under the category of “powers delegated to the United States by the Constitution” (Article I, Section 8, Clause 3).

While condemning Republicans for their anti-liberty actions regarding Montana’s medical marijuana industry, I’ve noticed frightening inconsistencies in both sides of the political spectrum.  With great frequency I wonder how the left is able to justify their support of national healthcare reform (Obamacare) considering the very decision- Gonzales v. Raich -that made such a mandate possible is also utilized in federal intervention in medical marijuana states.  On the other hand, many conservatives advocated the federal government’s limitless reading of the commerce clause to fight the war on drugs, but now denounce the use of such power to enforce Obamacare…. selective application.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The Constitution provides that the powers of the federal government are limited and specifically defined. Because the Constitution did not give Congress the authority to regulate alcohol, prohibition required a constitutional amendment.  If we are taking a principled stand on limiting the scope of the federal government, we need to do so consistently.  Medical marijuana or socialized medicine, we need to ask ourselves whether allowing the federal government to regulate anything and everything is acceptable to us.  The Commerce Clause is a double-edged sword.

How many Republicans would be willing to enforce the Tenth Amendment when the issue is marijuana? How do Democrats justify involving the federal government in healthcare but not in regulating cannabis?

IRS

New tax mandates and penalties included in Obamacare will cause the greatest expansion of the Internal Revenue Service since World War II, as 16,500 agents will be hired to enforce the law.  The IRS is also harassing medical marijuana dispensaries.  According to Section 280E of the Internal Revenue Code, no deductions or credits can be claimed by businesses “trafficking in controlled substances”. So, medical marijuana dispensaries across the state are being audited and disallowed all  business deductions (e.g., buying marijuana, hiring staff, paying for office space, etc.), essentially taxing businesses out of existence.  Using the IRS to enforce health care reform sounds ridiculous, nearly as crazy as involving federal agencies like the EPA, ICE, DHS, or OSHA in medical marijuana raids.

FDA

The Food and Drug Administration wants to hold your hand as well, they essentially believe in no health freedom at all. From the FDA in a dismissal notice filed in Iowa by the Farm-to-Consumer Legal Defense Fund:

“There is no ‘deeply rooted’ historical tradition of unfettered access to foods of all kinds.”

“Plaintiffs’ assertion of a ‘fundamental right to their own bodily and physical health, which includes what foods they do and do not choose to consume for themselves and their families’ is similarly unavailing because plaintiffs do not have a fundamental right to obtain any food they wish.”

The FDA believes that it is the only entity granted the authority to decide for you what you are able to eat and drink. The government nanny, in other words, may override your food decisions and deny you free access to the foods and beverages you desire.  This is of course, the same entity that gave us Thalidomide, Vioxx, Phen-fen, and a host of other unsafe pharmaceuticals that were eventually pulled from the market after killing and maiming countless Americans.  Naturally, the FDA has also “definitively established” that marijuana has no medical use or value.

Under the guise of public safety, our populace has been conditioned to believe, despite the overwhelming oppositional evidence, that our government is acting in the name of public safety.  Bans on smoking, including toys with children’s high calorie meals, circumcision, salt, and cell phone use while driving, as well as laws requiring seat belt use can all be easily justified by the sheep.  In reality, they are all affronts to liberty.  Adults should be able to make their own choices, free of government instruction or guidance.   Sure, we all want affordable healthcare- but don’t tell me the federal government has a right to force us all to purchase a product while you claim they have no right to regulate our use of banned substances.

This isn’t about Republicans, it isn’t about Democrats. This isn’t about health care or medical cannabis, this is about liberty.  This is our future and we can’t have it both ways.  We need to forget partisan politics and defend the constitution.  Where is the Tea party now?

Debunking the Debunker: Jeff Essmann

Montanans this year have been subjected to extraordinary deception by their elected officials. The following bit of dramatic, nanny government style propaganda appeared in Wednesday’s Billings Gazette.  It was written by chief prohibitionist Republican Senator Jeff Essmann.  Debunks of his debunks appear in red.

There has been much media coverage lately of the legal challenge to Senate Bill 423, the new Montana Marijuana Act recently enacted with strong bipartisan support of 113 of 150 Montana legislators. A legal action was filed by the highly paid, hired gun of the millionaire marijuana growers to prevent them from losing their very profitable business model on July 1. A variety of claims have been circulated by those wishing to retain the “Wild West” situation developed under the ambiguous language found in the original act, which set up a system for people to access a product that is still illegal under federal law. It is time to debunk those claims.

“The point of prohibiting compensation to registered providers was to divorce the cash from the privilege of transporting marijuana around the community.”

First, the proponents for retaining the current mess argue that eliminating the storefront model, which allowed a “caregiver” to provide marijuana to hundreds of registered cardholders, will effectively eliminate all access to the product, as the cardholders will be forced to grow their own, which they are alleged to be incapable of, or be aided by a provider that is limited to a maximum of three cardholders, the “small provider” model.  No, actually, we call this the no-provider model.  No providers of services are willing to do so for zero compensation and a significant financial loss.  Cardholders WILL then be forced to grow their own as access will disappear.  Just in case a few independently wealthy marijuana philanthropists slip through the cracks to utilize this “privilege”, the legislature ensured they could only provide their charity for a maximum of 3 patients.  God forbid a do gooder do too much good. While the old model indeed allowed providers to serve hundreds of patients, an overwhelming majority of caregivers had a very small number of patients- typically only one.  If Montana’s caregivers were forced to become non-profits, they’d be elated.  Profits weren’t an issue in most cases anyway and in non-profit agencies, at least expenses can be paid.  Under SB 423, the caregiver must donate all equipment, nutrients, seeds, etc to the cause – the patient cannot reimburse the grower for their services, time or wisdom. 

Of the 14 states that have approved the use of marijuana by chronically sick or terminally ill people, five states including Alaska, Nevada, New Jersey, Vermont and Washington currently use the small provider model. I am not aware of any evidence that shows that the model used in these other states has denied access to the truly ill.  Montana’s medical marijuana laws, thanks to Essmann’s SB 423 is known as the worst marijuana law in the nation. OK, let’s examine this comparison state by state:

 Alaska: possession of less than an ounce of marijuana is actually LEGAL in the state.  Possession of less than 25 plants is protected under Alaska’s constitutional “right to privacy”.  

Nevada:  First and second offenses of small amounts of marijuana are treated as minor traffic violations.  Affirmative defense is admissible as well. 

New Jersey: Growers are non-profit agencies, not NO pay agencies. Because of its very recent inception, we have no way to know whether NJ’s laws will work. 

Washington: Although caregivers can only serve one patient, they can be reimburse and can GASP! even profit. Affirmative defense is admissible. 

Delaware:  Delaware became the 16th medical marijuana state only less than 2 weeks ago and is in the process of a one year regulatory licensing period before cultivation can proceed.  Using Delaware as an example is ridiculous.

SB423 does not prohibit a card holder who grows his own from paying for assistance so long as the adviser is not a registered marijuana provider, and the advice does not include the act of “cultivation” prohibited by other criminal laws. The point of prohibiting compensation to registered providers was to divorce the cash from the privilege of transporting marijuana around the community, for obvious reasons. Reasonable access and assistance are still permitted.  All “cultivation” is prohibited by other criminal laws, so this is obviously a ridiculous justification.  I find it interesting that Essmann claims that patients can pay for advice though… from anyone other than someone who actually grows marijuana.  I don’t think I’d take FREE advice from a non-grower.  As for those “obvious reasons”, what are they, Jeff? 

There is no constitutional right to access marijuana, although the plaintiffs’ pleadings can be read to make that reach. If the court finds that unregulated access to marijuana is required by the Montana Constitution under the “pursuit of life’s necessities” provision it contains, we may soon see similar claims for other controlled substances such as methamphetamine, cocaine, and improperly used prescription drugs. After all, the argument will go, whose job is it to decide what is medicine and for whom? Prohibition of alcohol required a constitutional amendment, so it could also be argued that there is no constitutional prohibition of marijuana either.  I’d hardly call it a “reach”. Marijuana kills 0 people/year.  Prescription drugs kill far more people than illegal drugs combined.  Whose job IS it to decide what is medicine and for whom, Mr. Essmann?  Since you took on the feat yourself, I assume you think it is your job- as a lawyer or a legislator?  I prefer to make those decisions with my physician, but attorneys are smart too.  Perhaps I will ask my physician for advice if I decide to get divorced.  

As of May 1, a group of 33 doctors in Montana has certified 28,959 patients, or an average of 877 each. Therefore, SB423 prohibits financial relationships between doctors and marijuana growers and requires the Montana Board of Medical Examiners to review whether doctors certifying more than 25 patients a year are following the board’s adopted protocols. There can be no interference in a doctor-patient relationship if a valid relationship does not exist. Of course, nobody cares how many opiate or stimulant prescriptions physicians write, after all, they are big Pharma certified. Don’t forget to mention that the law also discourages physicians from writing recommendations because they automatically trigger investigations at their own expense after 25 patients.  Sounds like as much fun as an IRS audit.  

SB423 dismantles the “Montana cannabis industry” but preserves reasonable access for legitimate cardholders to a substance that, I must remind everyone, remains illegal to possess and distribute under federal law.  I guess our definitions of reasonable differ.  I’ve suggested to my patients that they seek the advice of black market drug dealers who operate in dark alleys to protect them from our oppressive government.  After all, when state authorities cannot legally arrest medical marijuana growers, they simply hand over all relevant information to federal agencies. Don’t believe me?  Just wait until you read about the raids Lee Enterprises has yet to publish… or just wait for a knock at your door.  The feds have patient records in hand now.  Blame legislators like Jeff Essmann.  

State Sen. Jeff Essmann,

R-Billings, served as Senate

majority leader and primary sponsor of SB423.

The Federal Government’s War on America

The line between the “war on terror” and the “war on drugs” is blurring in our state as well as our nation. Only a few miles away from massive flooding, widespread devastation, and the impoverished Crow Indian Reservation residents who had nothing yet  lost everything ; our federal government is waging war on yet another state-licensed  medical marijuana caregiver.   Native Americans called  into radio shows yesterday to inform the outside world that several  communities have no clean drinking water and many residents haven’t had food in two days yet our tax dollars are instead supporting unconstitutional seizures perpetrated by a dangerous gang of economic terrorists, commonly known as our own federal government.

US House and Senate leaders have reportedly reached a bipartisan agreement to extend the Constitution-shredding Patriot Act after conducting shady back room meetings devoid of public input.  Although the votes were largely symbolic, both Montana’s senators voted no on Patriot Act cloture which passed 74-8. America massacred our boogeyman and through that process proved that we are capable of capturing and killing our enemies without trampling on the rights and privacy of our own citizens. Perhaps when Americans realize that the Patriot Act has been used primarily to rob and imprison American drug dealers instead of terrorists,  they will protest. Any doubt over which war the Patriot Act is actually fighting is erased after reading that in fiscal year 2008, 65% of all “sneak and peek” requests were drug cases and out of the total number (763) that year, only THREE of them involved terrorism.  The “War on Terror” was nothing but the vehicle for invasive policy changes to escalate our nation’s failed “War on Drugs” and 9/11 was the excuse.  No wonder the truth movement exists.

For those of you who don’t use marijuana and thus don’t care about what is happening in your country and your state as long as it involves cannabis, you may want to consider briefly what Ben Franklin said about sacrificing liberty for the sake of security. Someday it won’t be marijuana, maybe it will be your religion or God forbid, your firearms, but someday, YOU may hear a knock at the door from a heavily-armed team of friendly law enforcement officers who shoot your children’s pets, all in the name of public safety.

We currently  have a President who promised his administration would stop raiding medical marijuana facilities in states where medical cannabis is legal yet is on track to substantially exceed the number of such raids under the previous administration. Don’t expect such customary procedures as being able to read a warrant presented to you either- after all, you are guilty until proven innocent and will be treated as a serial killer until you are convicted- if you are ever even charged with a crime.  If you aren’t, no worries; the federal government will smash and grab as much as they possibly can, seizing every asset connected to you.   That way, you will have no way of hiring an attorney in your defense if the feds change their mind about charging you.

Montanans currently have a governor who “held his nose” to allow a bill (SB 423) he considered “unconstitutional on its face” to become law, thus expanding Montana’s black market drug market and eliminating safe cannabis access for our state’s ill.  Knowing the flawed legislation would likely be caught up in legal battles does not justify the governor’s inaction.  This battle will be long, difficult and expensive.

Montana’s legislature, whose members bragged about deleting the emails of cannabis proponents before even opening them sought to overturn the will of Montana voters countless times in the 2011 session.  Legislators scolded us for being in bad crowd, told us we were wrong in 2004 and declared that the use medical marijuana was similar to combining valium with arsenic .  Our leaders seized any opportunity to compare Montana’s medical marijuana industry to the  natural disaster du jour (Hurricane Katrina, Japan Tsunami) Our state is now faced with its own natural disaster.

Speaker of the House Mike Milburn: “We’re not talking about the dikes holding back the water anymore, we’re talking about how do you rebuild the city.”  This time, we aren’t talking about medical marijuana and we aren’t talking about Hurricane Katrina.  We are talking about Montanans in need- something Milburn doesn’t seem to care about.

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And then they came for…..

 Editor’s note: This post was written by Elizabeth Pincolini of New Frontier Patient Care. With the exception of her use of the word  “democracy” , we enthusiastically endorse her message.  We will save the discussion of the evils of democracy for a later date. 

Democracy is under attack in Montana and we need everyone’s help to stop it!

This year in Montana, for the first time in our state’s history, our state legislature voted to overturn a voter Initiative. Int. 148 was voted in 2004 with 62% of voters voting for it. Keep in mind 62% is approximately 270,000 votes, in a state with less than 1 million people. That is a significant achievement and a true example of democracy and the will of the people at work!

Do you believe in the democratic process? Do you believe your state legislature has the right to supersede the will, intention and votes of the people in your state or any other? How do you feel about personal choice? Or the right to privacy? Do you believe people should be free to live their lives free from government intrusion?

Will any of those beliefs change when I tell you Int. 148 was Montana’s Medical Marijuana Act?

Our law was attacked by outside special interest groups based out of California. Politically timed federal raids, suspiciously coinciding with legislative votes, were deployed. Our state law was under attack and our legislators were helping to lead the charge. Senators and their wives, as well as State Representatives, chaired and ran this group that was opposing our rights and our votes. Their connections allowed them what seemed like unlimited access to lobby throughout the capital all session, without the constraints and the rules and processes the “regular” lobbyists needed to follow.

While our governor vetoed an outright repeal bill, we were left with a law that would essentially leave legitimate patients without safe access to their medicine, or even to a doctor’s recommendation. A bill that make providers provide medical cannabis for free, for no more than 3 people, after they are made to identify themselves to the FEDERAL Government as a provider, via fingerprint and background check submitted to the FBI. ( Yes, you read that correctly – to provide free medical cannabis in Montana you would need to tell the FEDERAL government you will be doing so)
(The full version of SB423 can be read here http://data.opi.mt.gov/bills/2011/BillPdf/SB0423.pdf )

To help fight this horrible legislation and the blatant attack on Montana’s democratic process, the Montana Cannabis Industry Association emerged. http://www.mtcia.org/
This is a grassroots organization fighting for the rights of patients, providers and voters across the state. The battle will now be waged in the courts and through a voter referendum signature-gathering petition. This is once again, the will of the people at work, trying valiantly to preserve “…by the people, for the people…”

It is for this reason I am writing. We urgently need financial backing from all supporters of democracy.
Even if you do not live in Montana, the outcome of this battle may very well affect your state laws.
If we are defeated in our attempts to stop the overturning of a law the PEOPLE saw fit to put into place for themselves, it opens the door for this assault on state’s rights to be waged in your state as well.

This battle is not just about medical cannabis and a patient’s right to choose what they put into their own bodies. It is about democracy. It is about the will of the PEOPLE to make their own laws in the states in which they live. It is about stopping those in Legislative power from changing the will and intent of the people in favor of their own personal beliefs or those of special interest groups. It is about taking back our rights as individuals and as Americans.

Whether you live in Montana or elsewhere, please consider going to http://www.mtcia.org/ and donating. Help take a stand for democracy, personal freedom, personal choice, and the right of the people to enact their own laws and govern themselves.

Thank you,
Elizabeth Pincolini
Billings MT

Montana Raided Again by Obama’s Anti-Cannabis Thugs, Schweitzer and Bullock Silent

The federal government once again has invaded our state to enforce the  unconstitutional Controlled Substances Act, perpetrating a raid on Sleeping Giant Caregivers in Helena today.  Notably but not surprisingly, Governor Schweitzer and Attorney General (Gubernatorial hopeful) Steve Bullock have again remained silent, caring more about saving their political future than defending Montana’s ill.  Federal intervention is apparently acceptable to them, as long as it only hurts one of their  non-crucial voting blocs.

A search and seizure warrant signed Thursday by U.S. Magistrate Judge Jeremiah Lynch of Missoula authorized federal agents to seize items that are “evidence of the commission of drug trafficking offenses,” including marijuana and hashish, weapons, transaction records and other documents and paraphernalia as well as up to 1.2 million dollars in the business’s account at Mountain West Bank.  Naturally, the case has been sealed, no other details are known.  Let me guess, the government will destroy the plants, keep the money and continue on to the next assault on America’s freedoms.

View News 5’s exclusive video here.

Watch the following clip, anyone recall Obama’s stance pre-election?  How do all of you pro-cannabis democrats like your “badass” President now? He’s on track thus far to FAR surpass the number of Bush administration raids which numbered just over 200 in 8 years.  The Obama administration has raided well over 100 facilities already with almost almost 2 years left in his first term. So much for those campaign promises. So much for that Ogden memo.

Across the nation, the federal government continues its attempts to intimidate elected officials in hopes of influencing state policy.  I wonder why it even tries considering laws made by states obviously matter very little to this gangster government.  Remember the last series of raids in Montana?  They occurred shortly before a hearing on HB 161 on March 14.  According to the public record (although it wasn’t correct), a hearing was scheduled for 1:30pm in Lewis & Clark County regarding MTCIA’s injunction against SB 423.  Today’s raid occurred just prior to 1:30pm.  I’m sure these are just coincidences though.

Regardless of your stance on medical marijuana, this concerns all Montanans and all Americans as all of our rights are at risk. Call Governor Brian Schweitzer at 406.444.3111 and Attorney General Steve Bullock at 444.2026 today to ask them to condemn the federal intervention and assault on freedom.   Governor Schweitzer has no problem standing up to the federal government when wolves are concerned, ask him why he’s been completely silent about protecting Montana’s ill.  Steve Bullock wants to be your next governor, I suggest you focus your attention on him.  Montana needs a governor who isn’t afraid to do the right thing.  If Bullock ignores the Montanans who are unable to help themselves now, how will he treat them AFTER he has their vote?

This guy wants to govern Montana. He won't defend ill Montanans who use medical cannabis, what makes you think he will defend you?

If you care about your rights and are able to attend,  I will see you tomorrow night in Billings- not at the Yellowstone County Republican Lincoln Reagan dinner, but at a fundraising and networking event held by the MTCIA.  Event details can be found here.