Bill would decriminalize possession of marijuana

HELENA – In what supporters say is an attempt to refocus law enforcement on more serious crimes, lawmakers heard a bill today that would reduce penalties for possessing 30 grams or less of marijuana.

House Bill 541, sponsored by Rep. Brady Wiseman, D-Bozeman, would make possession of 30 grams or less of marijuana a civil infraction instead of a misdemeanor crime. The fine would be up to $100. Currently, any marijuana possession can garner a $500 fine and six months in jail.

Wiseman said if the bill passes, it will allow law enforcement to focus time and resources on more dangerous crimes, such as assault and rape.

“Our purpose here today is not to condone or to advocate for the use of marijuana,” Wiseman said. “The policy we have today employs a large number law enforcement resources to work on a problem whose actual harm is quite small and leaves far more serious crimes against person and property going unsolved.”

Wiseman brought a 31 gram jar of spices to as a prop to give lawmakers an idea about the proposed amount, saying that most arrests are made for two grams or less. He said removing the misdemeanor charge would lighten the load for overburdened prosecutors.

Supporters for the bill said current marijuana laws are outdated and cause more damage than good.

“We are not talking about drug kingpins here,” said John Masterson, an advocate from Missoula. “These arrests happening everyday in Missoula County alone are almost always a young person with a very small amount of marijuana.”

These people are arrested and labeled as users, giving the federal government cause to take away their gun rights, student loans and veteran disability benefits, Masterson said.

Angela Goodhope of the Citizens for Responsible Crime Policy said “reefer madness” has caused a social stigma on marijuana. She also said if marijuana laws had been enforced 100 percent, Presidents Obama, Bush and Clinton would have been branded criminals.

But opponents to the bill said any lax measures on marijuana would undo the anti-drug work law enforcement has done.

“The decriminalization of marijuana in possession of any amount sends a message statewide that marijuana is not considered to be a harmful drug,” said Jeff Jergens of the Montana Narcotics Officers Association. “Is that the message we want to send?”

Jesse Slaughter of the Montana Police Protective Association said records of marijuana arrests can be helpful to law enforcement further down the road when those same offenders are charged with more serious crimes.

Slaughter also said law enforcement is not prepared for the potential consequences if the bill passes.

Several lawmakers on the House Judiciary Committee voiced concern over the bill’s lack of language concerning how teenagers should be charged. Wiseman said he intended the bill to only apply to legal adults and would be open to amending it.

- by CNS correspondent Molly Priddy

Senate gives final OK to medical marijuana bill

The Montana Senate gave its final approval today to a bill that would increase the amount of medical marijuana patients may possess and expand the list of diseases for which the drug can be prescribed. Senate Bill 326 passed with a vote of 28-22.

The bill would increase the legal amount of medical marijuana a patient can possess from 1 ounce to 3 ounces. It would also expand the narrow list of diseases for which the drug can be prescribed to include diabetes, post-traumatic stress disorder, hepatitis C and Alzheimer's, among others.

The bill's sponsor, Sen. Ron Erickson, D-Missoula, said he aimed to ease more people's pain and expand access to the drug for those who already have prescriptions.

"This bill would significantly help the 1,600 people who currently hold medical marijuana cards," Erickson said.

The bill now heads to the House.

- by CNS reporter Shanda Bradshaw

Critics argue that marijuana DUI bill is unfair

HELENA – Montanans who legally use marijuana as medicine are protesting a bill that would ask them to submit to bloods tests if police suspect them of driving under the drug's influence.

Senate Bill 212, sponsored by Sen. Verdell Jackson, R-Kalispell, would allow police officers to confiscate a suspect's medical marijuana permit if they do not comply with testing. State health officials could then decide if a permanent revocation is necessary.

The bill also would create a legal limit for THC, the active ingredient in marijuana, much like the blood-alcohol limit for driving under the influence of alcohol.

Rebecca Sturdevant told the Senate Judiciary Committee Tuesday that she supported the bill because it would help keep drivers safe. “People should not drive on our highways under the influence of any drug that causes impairment,” she said.

But the bill's critics said that while they, too, worry about driver safety, singling out medical marijuana patients is unfair and would deny patients access to their medication.

“We’re identifying people on the basis of a condition,” said Chris Lindsey, a Helena defense attorney. “On the spot, you lose your card.”

Lindsey said the bill is unfair in that other drivers suspected of driving under the influence of marijuana would not be asked for blood tests because they are not registered as patients.

Jessica Williams, a nurse from Helena, said a positive test for THC doesn't necessarily prove someone was driving impaired because the drug can remain in the bloodstream for as much as 48 hours after someone uses it.

"We are not looking at marijuana as a vice, we are looking at it as a medication,” Williams said.

Eric Billings, who said he uses marijuana for pain associated with HIV/AIDS, told lawmakers he appreciated the opportunity to use marijuana as medication and would not jeopardize his certification. “I am offended by it,” Billings said of SB212.

Committee members asked Jackson and Sturdevant about allowing police to confiscate a suspect's driver’s license instead of the medical marijuana certification card. Jackson said he thought it could be a possible amendment to the bill.

In 2004, Montanans voted overwhelmingly to allowing certain patients with specific medical conditions to use marijuana under medical supervision.

- by CNS correspondent Molly Priddy