Tie vote blocks bill to expand medical marijuana

HELENA - A bill to increase the amount of medical marijuana patients may possess and expand the list of diseases for which the drug can be prescribed was stalled Friday on a tie vote in the House Human Services Committee.

Senate Bill 326, which passed the Senate with a vote of 28-22, would have increased 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.

In hearings, 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.

But critics, including some in law enforcement, said they feared that an expansion of users would encourage an expansion of the illegal marijuana market as well. Others said the current amount of available medical marijuana was sufficient.

The bill is probably dead, unless 60 members of the House vote to bring it out of committee for a vote.

Medical marijuana bill faces crucial vote Tuesday

By SHANDA BRADSHAW

Community News Service

UM School of Journalism

The Montana Senate voted 25-24 Saturday to increase the amount of medical marijuana a patient can legally possess and expand the list of debilitating conditions that marijuana could be prescribled to treat.

Senate Bill 326, sponsored by Sen. Ron Erickson, D-Missoula (pictured), is scheduled to face a final Senate vote Tuesday.

"There are a great many people out there in pain, and medical marijuana would definitely help them," Erickson said Saturday.

The bill would amend current law to include illnesses such as diabetes, Alzheimer's and post-traumatic stress disorder on the list of illnesses for which medical marijuana could be prescribed.

Erickson said that change is one of the bill's two main goals.

"Number one is to increase access and supply for those people with prescriptions," Erickson said. "Number two is to expand the law to include new diseases and help the people that need it."

Erickson said the bill's opponents were most apprehensive about a section in the bill that aims to protect patients or caregivers that legally possesses medical marijuana from losing their job or being evicted from a rental home solely because of their marijuana possession.

"I told opponents at the hearing that I'm willing to amend this section of the bill when it gets to the House ," Erickson said. "So I think this is no longer a concern, and I expect the bill to pass."

SB 326 would also allow patients to get marijuana from more than one licensed caregiver, which could help patients find the supplies they need.

In addition to increasing the amount a patient can legally possess, the bill would also allow licensed growers to have six mature, budding plants and eight immature plants.

Capitol rally promotes marijuana as medicine

HELENA - Advocates for medical marijuana gathered in the capitol rotunda today to tout the plant's promise as a pain reliever.

Exhibits include live marijuana plants, each belonging to a registered medical marijuana user. Another exhibit showed the many uses of hemp. A crowd filled the rotunda as speakers discussed prescribing and using medical marijuana. Complimentary brownies were served at "high noon."

The rally was in support of Senate Bill 326, which would allow Montanans with prescriptions for the drug to possess up to 3 ounces. It would also expand the lists of illness for which marijuana could be prescribed.

Not everyone was pleased with the show. Rep. Tom McGillvray, R-Billings, questioned the legality of the display and said it should not be allowed.

But House Speaker Bob Bergren, D-Havre, said the marijuana display is covered by the First Amendment right to freedom of speech. Bergren also said Republican opposition to the rally was another example of how Republicans are out of touch with Montanans, because Montanans voted to legalize medical marijuana.

-Story and photo by CNS correspondent Molly Priddy

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