Global Ganja Report

Federal prosecutors pursuing drug charges against Montana medical marijuana operators want to keep jurors from hearing any evidence at trial about the state law approving such operations, or whether the defendants were complying with it. US Justice Department attorneys have made motions in at least two cases stemming from federal raids on dozens of medicinal cannabis operations this spring, asking judges to bar any testimony or evidence about medical marijuana.

Montana's Medical Marijuana Act does not allow for cannabis transactions between caregivers, Flathead County District Court Judge Stewart Stadler ruled July 21. Ruling in a civil lawsuit brought against the Flathead County Attorney, Stadler said state law limits registered caregivers to providing marijuana only to "qualifying patients." The plaintiffs were identified in court documents as the Medical Marijuana Growers Association, two anonymous couriers and three anonymous caregivers. Stadler granted the county attorney’s motion for summary judgment. (Hungry Horse News, July 26)

Jim Squatter was already a longtime veteran of the squatting, anti-nuclear and anarchist movements before a devastating accident turned him into a medical marijuana user—and a fighter for the right to medicinal cannabis.

A former cancer patient and the husband of an elderly woman with serious health problems told a district judge in Montana June 20 of their concerns about whether they can still obtain medical cannabis if a new law takes effect July 1 to ban commercial growing operations in the state. The testimony came in the first day of hearings in a lawsuit filed by the Montana Cannabis Industry Association and others asking Judge James Reynolds to issue an injunction to stop the law from taking effect. 

On May 10, two Montana medical cannabis providers—Montana Caregivers Association and MCM Caregivers—filed suit against the federal Department of Justice, Attorney General Eric Holder, and the US Attorney for Montana Michael Cotter in US District Court in Missoula. At issue are the federal raids that occurred across the state in March. The plaintiffs say the feds both violated their constitutional rights in the raids, and attempted to improperly abrogate Montana's medical marijuana law. "The federal government has made clear its intent to threaten and eventually eliminate any business or enterprise related to the medical use of marijuana," they charged in a prepared statement. (420 Times, AP, May 12)

Patients and their supporters rallied at the Justice Department in Washington DC on May 2 to protest increased federal interference in medical marijuana states. More than 200 supporters also rallied in Sacramento for medical marijuana patients Dr. Mollie Fry and her husband Dale Schafer as they surrendered to federal authorities to serve out five-year prison terms. Last week, the DEA raided several distribution centers in Spokane, Wash., as a state bill to license such facilities was vetoed the next day by Gov. Christine Gregoire. The Spokane actions are the latest in a string of more than 100 aggressive SWAT-style federal raids carried out since President Obama took office.

Montana's Gov. Brian Schweitzer said April 29 that he will let a restrictive new medical marijuana bill take law without his signature. With the legislative session about to end, procedure allows unsigned bills to take effect until the new session in 2013. "So I will hold my nose and allow this to be law until the Legislature gets back to session," Schweitzer said. "I'm not going to sign it."

Gov. Brian Schweitzer on April 13 vetoed a bill that would have repealed Montana's medical marijuana law, calling it draconian and contrary to the will of the state voters who approved it in by 62% in 2004. "There were many people out there who said there is a medicine out there that is not currently legal," Schweitzer said at a veto ceremony in the governor's reception room at the Capitol.