Montana Medical Marijuana letter 1 Nov 09

[morel]

[Because we continually update our e-mailing list, this may be your first edition of our periodic news/update about medical marijuana and pain-treatment issues in Montana.]

“Montana Medical Growers Assn” Forming – Public Meeting, Nov. 8th
Top Ways to Undermine Patient-Rights in Montana – Please Avoid!
PFU’s Role in Defeating Rx Drug-Monitoring – an Issue Now Returning
Billings to Adopt Zoning Regs for De Facto “Dispensaries”
“Truth in Trials” Legislation Would Address Major Federal Injustice – Urge Montana’s Delegation to Support HR 3939

“MT Medical Growers Assn” Forming – Nov. 8 Meeting Planned

A “Montana Medical Growers Association” is now forming, and its core organizers will hold a public meeting in Bozeman on Sunday evening, November 8th.

The meeting will take place at the Days Inn in Bozeman, 1321 North 7th Avenue, starting at 5 pm and ending around 7 pm.

The new association seeks to make it easier for growers to help each other – but also to establish professional and ethical standards intended to help patients make smarter and more successful choices when registering a caregiver. The group’s promotional flyer for the early November meeting notes that “our mission is to provide a voice for medical marijuana cultivators, support superior patient care and product quality, and promote the lawful and ethical conduct of our members.”

A charter associate membership fee has been set at $50 per year.

For more information about the November 8th meeting and plans for a Montana Medical Growers Association, call 800-518-9113.

Top Ways to Undermine Patient-Rights in Montana

The subject of medical marijuana has been highly visible in Montana newspapers over the past week, complete with illustrative photos of healthy-looking young people seemingly flaunting the act of smoking marijuana in public (see links in the Recent Montana News section below).

In our judgment, some of this news coverage has been dramatically unhelpful to the future of public and legislator support of the Montana medical marijuana law. In fact, the coverage serves primarily to reinforce the negative stereotypes that the law’s most ardent opponents have used effectively against patients in the halls of the state Legislature and the executive branch of government. These negative images may be inaccurate, but they remain exceedingly powerful – and there is no benefit to aiding and abetting the persistence of these stereotypes!

Patients & Families United was formed three years ago, and has been directed ever since, by the same folks who helped write the Montana law, who led the campaign for it, and who have led all the law’s defenses as well as attempts to improve it. We offer the following heartfelt advice to people who are choosing now to jump noisily into the subject area without the benefit of a thorough grounding in both Montana’s political culture and the law’s intent and history.

Let us respectfully suggest that these “Top Ways to Undermine Patient-Rights in Montana” illustrate the kinds of things that don’t help our cause, that actually threaten the law’s future and thus the medical welfare of thousands of Montana patients.

Top Ways to Undermine Patient-Rights in Montana
Smoke marijuana in public or in front of a police station. (Do diabetics adminster their insulin shots in public? What treatments for serious medical conditions have you witnessed in public settings?)

Obtain a physician’s recommendation from a clinic that provides only a few minutes for actual physician contact, with no medical records even necessary. (Quite frankly, without medical records and/or a physical exam and medical assessment, sometimes requiring additional tests, a medical marijuana recommendation may not be proper under the terms of Montana’s law. Anything less invites a growing presumption that our law is a joke, allowing patients to register without proper medical justification.)

Tell patients that it’s legal for them to obtain medical cannabis as soon as they have a doctor’s recommendation. (It isn’t. A patient may – may – be able to successfully defend him/herself – but is clearly vulnerable to arrest/prosecution unless first in possession of a DPHHS registry card. Patients who take risks should do so only by personal choice, when accurately informed!)

Sign up to be a caregiver to numerous patients when you possess no garden and may never yet have grown cannabis of any sort, much less of medical quality. Rushing to become a caregiver to as many patients as possible when you have no experience or capacity is a gross disservice to patients, and makes a mockery of our compassionate law’s true and serious purpose.

Pretend that it’s possible to “teach” novices – for $20 and in a half-day’s time – how to grow medical-grade cannabis. Odds are that anyone naïve enough to pay $20 to become a worthy producer of medicine remains years away from having the experience needed to grow medicine that meets the standards Montana patients need and deserve. Nearly 1,500 Montanans already are registered to produce medical cannabis, and what is most needed is for patients to have easier access to information about who they are and how their experience, quality and trustworthiness compare.

Import medical marijuana from other states. Our law is clear in allowing only medicine grown here, by registered Montana patients and caregivers.

Provide marijuana to a patient who hasn’t registered you as caregiver. It may be defensible in some circumstances, but the letter of our law requires that a caregiver only provide medicine to his or her own registered patients, and to no one else. Other actions leave both parties vulnerable to the costly and exhausting processes of arrest/prosecution.

How do these kinds of actions undermine patient-rights?
They foster an inaccurate and counterproductive image – that medical marijuana is unprofessional, unserious, unscientific and medically illegitimate. They flirt with both the letter and spirit of our medical law. They flaunt the potential for “abuse” of the law by medically unworthy patients and by unsavory caregivers. They invite powerful, determined backlash that could seek to repeal or curtail medical marijuana freedoms.

For all its serious flaws, the Montana law as it stands now is too important and too beneficial to be undermined in these ways. The Montana law is precious to the lives of patients – and it deserves to be respected and honored as is. Work smartly to improve it, yes. But try to work around it, noisily? Please, no.

Meanwhile, let us emphasize that the vast majority of the people we encounter – and certainly all who participate actively in Patients & Families United – have been working steadfastly and successfully to behave with maturity, honor and full adherence to the letter and spirit of Montana’s law. As always, we congratulate, encourage and thank you for your sincerity.

PFU’s Role in Defeating Rx Drug-Monitoring

Proponents of a system to monitor all drug prescriptions in Montana have fired their first shot in preparation for the 2011 session of the Legislature. Patients & Families United was the proposal’s sole opponent at the hearing held at the 2009 session, mostly for the reasons mentioned in the article linked below. But the most important reason (not mentioned in the article) is that the funding for the monitoring program would come entirely from the US Justice Department – and we simply don’t trust that the sole purpose of monitoring would be to “improve healthcare,” as proponents claim… rather than to feed a whole world of new personal information about patients to law enforcement agencies.

The prescription drug monitoring concept will be considered again at the 2011 session – and it will have legions of highly organized support behind it.

Montana lawmakers have twice rejected prescription monitoring – Billings Gazette, 10/31/09 http://billingsgazette.com/news/stat...cc4c03286.html

Billings to Adopt Zoning Regs for De Facto “Dispensaries”

The city council in Billings will soon adopt a zoning ordinance governing the acceptable location and other aspects of de facto medical marijuana dispensaries. The move is indicative of pending and imminent local government responses to the increasing visibility of “entrepreneurial” activity relating to medical marijuana. Some of this naïve and overzealous activity – mentioned in this news/update’s first segment, above -- is inviting negative regulatory-minded responses from government authorities.

The Billings city council will hold a public hearing on a proposed emergency ordinance, which mirrors the city’s regulations for “adult” stores, on Monday, November 9. Over time, city staff will draft a proposed permanent zoning ordinance.

“Truth in Trials” Bill Introduced – Urge MT Delegation Support
A long-standing federal unfairness, which bans all mention in federal court of state medical laws and medical use of cannabis, would be overturned by HR 3939, a “Truth in Trials” bill introduced in Congress last week.

The proposal would plug a gaping loophole left completely unaddressed in the recent justice department directive on medical marijuana.

The justice department directive called on US Attorneys to investigate and prosecute medical cases only when the individuals involved may be in violation of local medical marijuana law. But if federal courts continue to ban all medical-related defenses, a defendant’s compliance with local law can’t be judged fairly – which is why the ‘Truth in Trials’ legislation is so important.

You can use this link to send messages easily to our delegation -- please take a moment to urge Montana's senators and congressman to help patients by supporting HR 3939:

http://salsa.democracyinaction.org/o...aign_KEY=28007

For background on HR3939, here’s a news release Patients & Families United issued last week:

Patient-Support Group Calls on Montana Delegation to

Support HR 3939, “Truth in Trials” Legislation to

Protect Montana’s Medical Marijuana Patients
“Truth in Trials” Needed to “Plug Gaping Loophole” Ignored by Last Week’s Medical Marijuana Directive from US Department of Justice

Montana’s public education and support group for medical marijuana and pain patients today called on the state’s congressional delegation to support H.R. 3939, a “Truth in Trials” bill introduced in Congress yesterday, in order to “plug a gaping loophole” in last week’s federal directive on medical marijuana.

Tom Daubert, founder/director of Patients & Families United, said that legislation like HR 3939 is “vital to protecting patients and to fulfilling the spirit of the Department of Justice’s historic directive to US Attorneys, issued last week.” The memo last week urged federal prosecutors to avoid wasting time and money on medical marijuana cases that involve patients and providers whose actions are legal under local law in states like Montana.

Daubert noted that the new Obama administration policy represents a “significant and very welcome shift” from past federal policies that sought to obstruct completely all compassionate state-level medical marijuana laws. “But the new federal policy still fails to address some of the most egregious and anti-science unfairness in federal policy,” he reported. “The ‘Truth in Trials’ legislation introduced in Congress yesterday would plug one of these gaping loopholes.”

One of the most offensive remaining federal policies on medical marijuana concerns the inability of any patient or provider to even mention state medical marijuana laws in federal court, Daubert explained. “No matter how professional and conscientious you are, adhering fully to all state and local laws, a patient currently is forbidden any opportunity to even mention that in federal court. HR 3939 would end this gross injustice that requires federal courts to pretend there is no such thing as medical marijuana that is entirely legal and medically appropriate under state law,” he said.

Daubert noted that last week’s Department of Justice directive called on US Attorneys to investigate and prosecute medical cases only when the individuals involved may be in violation of local medical marijuana law. “But if federal courts continue to ban all medical-related defenses, a defendant’s compliance with local law can’t be judged fairly, which is why this ‘Truth in Trials’ legislation is so important,” he emphasized.

HR 3939 would simply “bring fairness and truth into federal courts on medical marijuana cases,” Daubert said.

Patients & Families United called on Montana Congressman Denny Rehberg to sign on as a cosponsor of HR 3939, to help fulfill the intent of Montana voters, who passed the state’s compassionate medical marijuana law in 2004 with 62% support. And the group urged Senators Baucus and Tester to develop and promote companion legislation in the Senate.

The federal government’s anti-science prohibition of medical marijuana continues to complicate the lives of suffering Montana patients, Daubert noted. Numerous federal policies and regulations contribute to the problem. HR 3939 would address only one of these issues, and “it is unconscionable for federal courts to completely ban a defendant’s right to even explain things. The current policy guarantees injustice, and HR 3939 would bring fairness to these situations for the first time.”


Recent Montana News
Medical marijuana group barred from civic center – Billings Gazette, 10/29/09 http://www.billingsgazette.com/news/...cc4c002e0.html

Civic center bars group from next events – Great Falls Tribune, 10/29/09 http://www.greatfallstribune.com/art...om-next-events

First license issued to Montana hemp grower – Missoulian, 10/27/09 http://www.missoulian.com/news/state...cc4c002e0.html

More WTF? – Electric City Weblog, 10/27/09 http://electriccityweblog.com/?p=6344

WTF? – Electric City Weblog, 10/24/09 http://electriccityweblog.com/?p=6297

Popular clinics register medical marijuana patients – Bozeman Chronicle, 10/24/09 http://www.bozemandailychronicle.com...s/200dopin.txt

Marijuana on full display near Montana police station for those seeking medical cards – LA Times, 10/24/09 http://www.latimes.com/news/nationwo...,6827611.story

Clinic aims to register patients for medical pot, provide information – Great Falls Tribune, 10/21/09 http://www.greatfallstribune.com/art...de-information

News/Web Items of Interest
A bit of reality on drug use from the new drug czar – Chicago Tribune, 10/30/09 http://www.chicagotribune.com/news/o...2775642.column

Pot is more mainstream than ever – so why is legalization still taboo? – AlterNet, 10/29/09 http://www.alternet.org/rights/14357...on_still_taboo

The case for marijuana legalization and regulation – AlterNet, 10/28/09 http://www.alternet.org/drugreporter...and_regulation

Push to legalize marijuana gains ground in California – New York Times, 10/27/09 http://www.nytimes.com/2009/10/28/us...nsnNzWNtDTGSOw

“If you really want to go after the Mexican drug cartels, you’d legalize marijuana” – Reason, 10/26/09 http://reason.com/blog/2009/10/26/if...nt-to-go-after

Pot prohibition’s ultimate absurdity – Web Log of Dr. Tom O’Connell, 10/25/09 http://www.doctortom.org/archives/20...itions_ul.html
States pressed into new role on medical marijuana – New York Times, 10/25/09 http://www.nytimes.com/2009/10/26/us...a.html?_r=2&hp

Legalized marijuana? We may already be on the way – ABC News, 10/25/09 http://www.nytimes.com/2009/10/26/us...ory?id=8912772

Growth in medical marijuana demand fuels Colorado land rush – Denver Post, 10/25/09 http://www.denverpost.com/news/ci_13636549

If it’s on the shelves, it’s off the streets – Washington Post, 10/25/09 http://www.washingtonpost.com/wp-dyn...102303457.html

What two super-jocks can tell us about the disastrous war on pot – AlterNet, 10/23/09 http://www.alternet.org/drugreporter...us_war_on_pot/

How are some middle-class families coping with the recession? Growing pot – AlterNet, 10/22/09 http://www.alternet.org/drugreporter..._growing_p ot

From Obama, sanity on marijuana policy – Chicago Tribune, 10/22/09 http://www.chicagotribune.com/news/c...2653951.column

“Medical marijuana” is a Trojan horse – Washington Post, 10/22/09 http://voices.washingtonpost.com/pos..._a_trojan.html

DEA “cartel” claims lack facts – Huffington Post, 10/21/09 http://www.huffingtonpost.com/erin-r..._b_328626.html

Medical pot’s highs and lows – USA Today, 10/21/09 http://blogs.usatoday.com/oped/2009/...-and-lows.html

2009 UN world drug report – Boston.com, 10/21/09 http://www.boston.com/bigpicture/200...ug_report.html

Sign of the high times: Obama’s decision not to prosecute medical marijuana patients and sellers suggests the war on drugs is ending – Guardian, 10/21/09 http://www.guardian.co.uk/commentisf...juana-drug-war

Medical cannabis victory: a textbook case of organizing and resistance – The Field, 10/20/09 http://narcosphere.narconews.com/the...and-resistance

Good sense on medical marijuana – New York Times, 10/20/09 http://www.nytimes.com/2009/10/21/op...ml?ref=opinion

The logic of legalization – Daily Dish, 10/20/09 http://andrewsullivan.theatlantic.co...alization.html

Marijuana legalization support now at record high – Outside the Beltway, 10/20/09 http://www.outsidethebeltway.com/arc...t_record_high/

A federal misstep on medical marijuana? – Christian Science Monitor, 10/20/09 http://www.csmonitor.com/2009/1020/p08s01-comv.html

A new course on medical marijuana? – New York Times, 10/19/09 http://roomfordebate.blogs.nytimes.c...cal-marijuana/

Gateway drug policy: will Obama’s new medical marijuana directive actually change anything? – Slate, 10/19/09 http://www.slate.com/id/2232915/

Holder’s baby step on medical marijuana – Huffington Post, 10/19/09 http://www.huffingtonpost.com/chris-..._b_326603.html

Marijuana and state budgets: now what? – US News, 10/19/09 http://www.usnews.com/money/blogs/ca...-now-what.html

Maine medical marijuana dispensary initiative ahead in November election campaign – Stop the Drug War, 10/16/09 http://stopthedrugwar.org/chronicle/...ensary_measure

Lebanon man had bag of marijuana stuck to his head, police say – Pennsylvania Local News, 10/15/09 http://www.pennlive.com/midstate/ind...f_marijua.html

Detective says “legalize drugs” – ask him why – Citizens Opposing Prohibition, http://www.citizensopposingprohibition.org/

[Founded in early 2007, Patients & Families United works to support Montana’s medical marijuana patients, regardless of their medical condition, and pain patients, whether they use medical marijuana or not. If you don’t want to be on the mailing list for these periodic updates, please email to tell us at info@mtpfu.org. Visit our website for background and information of use: www.mtpfu.org. We welcome feedback of any kind, including stiff, honest criticism, but we reserve the right to remove from our mailing lists anyone who makes a habitual practice of sending threatening or irrational “flames.”]

© 2009 by Patients & Families United

Patients & Families United
PO Box 1471
Helena, MT 59624

www.mtpfu.org



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[ResinRubber]

Thanks Morel.....good stuff there. Might want to condense it a little....but still good stuff.

cheers,

[SirStynkalot]

highly informative... i read about half of it and will come back to it once i'm stoned enough to sit still for that long.

thanks bud!