In a surprising move (surprising to me at least), Montana Governor Brian Schweitzer called Senate Majority Leader Jeff Essmann’s SB 423, “unconstitutional on its face”. He expressed his intention to issue an amendatory veto on the legally defective legislation as he doesn’t believe it could survive a court battle in its current form The legislation, which passed Montana’s House and Senate earlier this week has been nicknamed the “black market bill” by opponents who believe eliminating the medical cannabis industry will invite dangerous criminal elements engaged in drug activity to again control the supply of marijuana in Montana.
In an interview with Lee Newspapers State Bureau, Schweitzer was highly critical of the GOP-led 2011 Legislature, expressing his disgust for their “squandering” of Montana’s 90 day biennial legislative session. He asked,
“Why don’t you just pass something that works, that’s constitutional and that can survive the test of time?” he asked.
A bipartisan interim committee, after months of work, inspired HB 68, sponsored by Diane Sands (D- Missoula). While nowhere near perfect legislation, it is difficult if not impossible to find patients or growers who would prefer Essmann’s bill to HB 68, which was tabled in committee. A re-written version of SB 154, a gray bill sponsored by Republican Dave Lewis (and largely preferred by patients and growers) also received little support from the repeal-driven prohibitionist Republicans. Referring to HB 68, Governor Schweitzer said ,
“They threw that in the garbage and now they’re going to send me this (SB) 423, which everybody’s who’s read it says, ‘Oh yeah, it’s unconstitutional,’ ” he said. “The bill as written is not going to survive the courts.”
Montana’s governor, who recently was featured in national news stories for calling Republicans in the state legislature “Bat-crap crazy” and for registering a “VETO” cattle brand with the state (with which he last week ceremoniously killed bills he considered foolish or unconstitutional) isn’t fond of a requirement in Essmann’s bill that requires Montana’s medical cannabis patients to carry their state licensing card with them at all times, regardless of whether or not they are in possession of marijuana. Patients are also subject to warrantless searches of their homes at any time and names and addresses of those in the program are provided to local law enforcement officials. Schweitzer believes such provisions to be violations of the 4th amendment, which protects Americans from unlawful searches and seizures as well as the federal Health Insurance Portability and Accountability Act, or HIPAA.
“if you’re taking OxyContin or penicillin or for God’s sake, even aspirin, that is your own personal health care records,” he said. But HB423 is “demanding” that the fact that someone is using medical marijuana and “be turned over to law enforcement in every town.”
Schweitzer too acknowledged the black market appeal of the legislation,
“There’s another problem with it, and I think it’s a fundamental problem,” Schweitzer said. “Under this bill, I will guar-an-dang-tee-you, that there will be more illegal marijuana (that) makes it to the alley under this proposal than we currently have because now you’re going to have 4,000, 5,000, 6,000 people growing their own. It’s not possible to monitor all of them.”
“I mean does someone with a straight face think you can have 5,000 people growing their own and none of it makes it to high schools or to college dorm rooms?” he said.
A severability clause was included in the bill, which ensures that, in the event of a court ruling striking components of the legislation, other parts of the bill remain viable. Because of its inclusion, Schweitzer believes that Essmann and other Republicans are well aware that the bill is unconstitutional.
“Why don’t you just pass something that works, that’s constitutional and that can survive the test of time?” he asked.
That sounds far too easy for the TEA people-inspired Montana GOP, however. This shouldn’t be about politics, it should be about doing the right thing for the segment of the population who Montana’s original medical cannabis law was designed to protect. In efforts to eradicate all state-sanctioned medical use of cannabis, Montana’s GOP lawmakers for the past 90 days have resorted to tears, lies, and dramatic stories intended to convince the legislative body and public that our state is now considered a “source nation, like Columbia” our youth are prostituting themselves for cannabis, and that caregivers are selling marijuana in middle and high schools across the state. Oddly enough, there have been no arrests made for any of those particular crimes.
Sponsor of the bill, Jeff Essmann cited recent correspondence with federal officials who “clarified” federal policy in his bid to save our state from the evils of cannabis. No word on whether he used such correspondence to ensure Montana is in compliance with federal law regarding wolves or implementation of federal health care reforms however. We are all aware that the federal government knows best anyway, right?
“Reefer makes darkies think they’re as good as white men.”
– Federal Bureau of Narcotics Chief Harry J. Anslinger, 1929
Republicans in Montana have been hammered by those on the right this session as well as the typical lefty critics after various testimonies in reference to blow-dart murders, appropriate state prison sentences for gay recruitment, and the dangers of punishing DUIs were publicized on numerous news programs. While Republicans across the nation- including several GOP presidential nomination hopefuls- are advocating sweeping marijuana law reforms, Montana’s Republicans are determined to move backwards as they promote their dangerously myopic “morality” agenda.