Global Ganja Report

The Montana Supreme Court ruled Sept. 11 that there is no fundamental right to cultivation, distribution or use of medical marijuana. Plaintiffs in the case sought to block enactment of a 2011 law, SB 423, a more restrictive measure that repealed an earlier law permitting the use of  medical  marijuana in the Big Sky state. Plaintiffs asserted that the new law violates rights of employment, health and privacy guaranteed by Montana's constitution. But the justices did not agree, with Justice Michael Wheat writing: "In pursuing one's own health, an individual has a fundamental right to obtain and reject medical treatment... But, this right does not extend to give a patient a fundamental right to use any drug, regardless of its legality." 

Richard Flor, a Montana medical marijuana patient and caregiver who was sentenced in April to five years in federal prison on charges of maintaining a drug-related premises, died in federal custody Aug. 29. Flor, who suffered from a lengthy list of serious medical conditions, died in a hospital in Las Vegas, Nev., a day after suffering two heart attacks while in transit to an unknown Bureau of Prisons medical facility, according to his attorney, Brad Arndorfer of Billings. At Flor’s sentencing, US District Judge Charles Lovell recommended that he "be designated for incarceration at a federal medical center” where Flor’s “numerous physical and mental diseases and conditions can be evaluated and treated."

The number of registered medical marijuana cardholders in Montana fell below 12,000 as of March 31 for the first time in two years, the Billings Gazette reported April 13. A total of 11,993 cardholders had registered as of March 31 with the state Department of Public Health and Human Services Marijuana Program—after peaking a year ago at 31,522. In addition, there were 421 medical marijuana providers, previously called caregivers, registered with the state as of March 31—down from 4,848 a year ago. The number of physicians who can recommend the use of medical marijuana to cardholders is also down—to 254 from a peak of 365 as of last June. Activists and patients blame federal raids and restrictive new legislation in the state.

The enactment of state medical marijuana laws is associated with reduced instances of suicide, according to a discussion paper published recently by the Institute for the Study of Labor in Bonn, Germany. Researchers at Montana State University, the University of Colorado, and San Diego State University assessed rates of suicide in the years before and after the passage of medical marijuana laws. Authors of the discussion paper, entitled "High on Life: Medical Marijuana Laws and Suicide," found:

The group Montana First is seeking signatures for a ballot initiative that would legalize cannabis in the state. Constitutional Initiative No.110 (CI-110) would add two sentences to the state constitution: "Adults have the right to responsibly purchase, consume, produce, and possess marijuana, subject to reasonable limitations, regulations, and taxation. Except for actions that endanger minors, children, or public safety, no criminal offense or penalty of this state shall apply to such activities."

A new study postulates a link between states with legalized medical marijuana and a reduction in traffic-related fatalities. The study was conducted by D. Mark Anderson, a Montana State University economics professor, and Daniel Rees, of the University of Colorado Denver. In looking at state-level data from sources such as the National Survey on Drug Use and Health, Anderson and Rees found that states with medical marijuana laws saw an average 9% decrease in traffic deaths. "We were pretty surprised that they went down," Rees told the Denver Post.

The Montana Cannabis Industry Association (MTCIA) says it has received information that the Justice Department has issued a memo with guidelines for the acceptable operation of dispensaries in California, and wants to know if similar guidelines were issued for their own state. Said MTCIA spokesman Ed Docter: "If the federal government wants to propose guidelines fine, we're all for that, we would really enjoy that, we would invite the help but basically we would just like to know what our US Attorney get. What did [Montana US Attorney Michael] Cotter get? I mean we don't know if he got a similar memo." The MTCIA says it will write to Gov. Brain Schweitzer seeking clarification on the guidelines, and what the Montana industry needs to do to prevent more raids. (KPAX, Missoula, Nov. 29)

With signatures due at county courthouses, it appears highly likely a proposed Montana referendum to overturn the restrictive new state medical marijuana law will qualify for the November 2012 election. To make the ballot, a referendum needs the signatures of 5% of the voters in 34 of the 100 state House districts, or at least 24,337 signatures. Secretary of State Linda McCulloch's office has reported tabulating 19,973 qualified signatures so far for Initiative Referendum 124, the proposed medical marijuana measure. It has qualified in 31 House districts. The proposed initiative seeks to repeal the new law that bans for-profit marijuana operations and makes it more difficult to qualify to be a registered user. (AP, Sept. 29; Billings Gazette, Sept. 28)