Montana medical marijuana law change: hurting everyone


medical marijuana symbolAbout seven years ago, I was diagnosed with lymphoma and given a 50/50 chance of survival. Within a matter of days, I had started chemotherapy and monoclonal antibody treatments. At that time, medical marijuana had not yet been legalized in Montana, so I used the legal medications: dangerous addictive narcotics for the pain and expensive experimental drugs for nausea and appetite stimulation. Comparing notes with cancer sufferers who used marijuana showed that their solution was cheaper, more effective, and had fewer side-effects.

When Initiative 148 (warning: PDF file) made medical marijuana legal in Montana, I was pleased to see the progress. An overwhelming majority of Montana voters said that patients should get the best medication for their ailment, even if the Federal government didn’t support it. Last month, lawmakers in Montana showed their total disdain for the people who elected them by gutting the medical marijuana program. This astounded me. Why would they do such a thing? Marijuana is safer than narcotics (heck, it’s safer than alcohol!), and the Montana state constitution is very clear on the subject.

Section 1. Popular sovereignty. All political power is vested in and derived from the people. All government of right originates with the people, is founded upon their will only, and is instituted solely for the good of the whole.

Our state senators and representatives do not have the legal right to overturn the will of the people. Yet they did it anyway! The new law is capricious and mean. It hurts almost everyone involved. Most of the time, you can ferret out the impetus behind legislation by following the money; by seeing who benefits from the bill. Let’s give that a try here by looking at everyone affected by changed to Montana’s laws:

  • Patients lose. No, it’s worse than that. Patients are screwed! Instead of being able to purchase tinctures, edibles, raw plants, and other forms of marijuana, they are forced to grow their own. Someone diagnosed with cancer today has to wait six weeks to get a card, then acquire a seedling, grow the plant, learn how to harvest it, and figure out what to do with the marijuana they harvest. By the time they have usable medication, their treatment is completed. Instead of having an experienced caregiver that can recommend different strains based on symptoms, they’re on their own. If they can’t figure out how to process the marijuana into edible form, they’ll end up smoking it: not a good thing for a sick person’s lungs. Instead, they’ll turn to prescription narcotics.
  • Caregivers lose. These people set up businesses that were 100% legal. They signed leases, purchased inventory, bought insurance, installed security systems, purchased office furnishings, and in general made a significant financial commitment to their business. Under the new law, caregivers must provide services for free (and only to family members), so they’re out of business and they’ve lost their investment.
  • Law enforcement loses. The illegal drug dealers who will set up shop to replace the caregivers are not licensed. They are more likely to break other laws; to commit other crimes. A friend of mine who used to be a narcotics officer told me there have been cases of violence between caregivers/dispensaries in Montana. Just wait and see how much better it is when they’re operated by a drug cartel instead of a small businessman.
  • The state government loses. License fees and taxes from caregivers and dispensaries are being replaced with higher enforcement costs and the costs of incarceration for newly-created criminals.

So who wins? Only two groups of people: illegal drug dealers and the drug companies who manufacture the narcotics that replace medical marijuana.

I contacted my state Senator, Jason Priest, before the bill was passed and urged him to vote against it. He responded:

The status quo is not going to work. After looking at the original ballot language it is clear that the voters approved a compassion model, not the legalization of mj. While I agree SB 423 is an ambitious regulatory model, it is better than the status quo.

I’m confident that those who need mj will be able to get it. Frankly, I think those who want it from the black market won’t have any troubles getting it. If legalized mj is the goal, that needs to be presented fairly to the public.

In other words, he’s encouraging sick people to seek out illegal drug dealers. The response from Representative Joanne Blyton is even more telling.

On the medical marijuana issue, overwhelmingly the messages are to repeal. Second to that is support for 423, reform and sideboards.  If my personal feelings were considered, I would give it back to the voters to take a re-look.  But my decision has to be for the betterment of the whole state.  

While some prefer what is currently taking place in our state, it is NOT what the voters thought they voted for and they will tell you that.

To paraphrase, she thinks that the voters (that would be you and me) were not smart enough to understand the wording of the initiative we voted for. She believes it’s better for the whole state if smart people like her figure out what to do for us instead of letting the voters make our own decisions. I am thoroughly insulted.

Now I understand. People like Senator Priest and Representative Blyton have sold us out. They have violated the state constitution, overridden the will of the people, hurt thousands of cancer and glaucoma patients, taken money from the state coffers, and put a new burden on our state’s law enforcement — all to benefit drug dealers and pharmaceutical companies.

We have been betrayed.

About Gary D. Robson

Gary Robson: Author, tea guy, and general manager of the Billings Bookstore Cooperative. I've written books and articles on a zillion different subjects, but everyone knows me for my "Who Pooped in the Park?" books.

Posted on 1 June 2011, in Blog and tagged , , , , . Bookmark the permalink. 6 Comments.

  1. The constitution was created so the Federal Government could not specifically trump any state. So, that if the federal government got out of hand, the states could if needed bind together to overthrow our soon to be Communist Federal Government. The constitution was built to protect us. But it’s protection within the last 40 years has been battered and broken. Meaning it no longer is supported. Just us low level civilians can pretend to have its powers backing us. In years to come this once American country is doomed for failure.

  2. Wow ! well thought out .Follow the money, The war on drugs is a war on the people.Thx Gary

  3. Brian Donahue

    More shots fired in the phony War On Drugs. No government on Earth has ever succeeded in stopping the people from whatever substances they wanted to use. It’s the height of arrogance to assume this government is any different.

    You have to ask; what use is a federal drug policy that has cost untold billions of dollars and locked up untold millions of people like this. And how has the government fared in the War On Drugs? Well drugs are cheaper now and more readily available then they have ever been. The whole thing is a sham to shuttle money to the public and private security apparatus and to get politicians re-elected (mostly Republicans).
    It’s time to throw in the towel; we tried the War On Drugs and the drugs won. Time to admit defeat and reserve prison space for the REAL criminals.

  4. I have heard the argument about Federal law trumping state law. I have also read the Tenth Amendment to the Constitution of the United States of America: ‎”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.”

    I think the Constitution trumps any attempt by the Federal government to pull this issue away from the states.

  5. I’m sorry about that.

    Over here in California, use of marijuana for medicinal purposes was legalized. My family voted for it. See, both my parents are pharmacists and they know the medicinal uses of this plant. But despite that, law enforcement agencies are trying to stop the sale, saying that federal law banning sale of marijuana trumps state law. Fortunately, authorities are now more lenient, and they have in fact already given licenses so people can sell marijuana legally.

  1. Pingback: The Marijuana Exercise Prescription | Emerald Wellness Co-op 1-509-294-6943 Spokane WA.

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