medical marijuana

Montana Marijuana Law to be Tested

By Dana Green, 4-24-06

A California man is trying to use the Montana medical marijuana law as a defense, after being busted with more than four pounds of pot. But medical marijuana law proponents say he’ll have to prove it was really for medicinal purposes.

Last year, Montana voters became one of 11 states allowing medical use of marijuana under a registry system. The man, who was arrested in Butte, claimed to be a patient using medical marijuana in California. Bruce Mirken, spokesman for the Medical Marijuana Project, the national organization that helped pass the Montana law, said Montana does recognize ID cards from other states.

But the Montana law limits possession to one ounce of usable marijuana or six plants, Mirken said.

“He is well in excess of (that),” Mirken said. “He’s going to have to prove he’s a legit patient, and that he legitimately needed that much.”

The amount used by patients across the country, largely for easing pain or nausea, has varied. For some, “a few puffs when they’re taking their pills is all they need,” Mirken said. But others in chronic, severe pain have been prescribed up to 10 ounces a month.

“It’s not unusual in that condition to go through several pounds a year,” he added.

Medical marijuana has been hot in the news lately – after the Supreme Court declared state laws did not protect patients from federal prosecution, In response, Congress will vote in June on the Hinchey amendment, which would stop federal agents from going after patients using in states with medical marijuana laws. Sen. Conrad Burns announced his support for the Hinchey amendment. [End of article]

Comment By Montana NORML, 4-24-06

We spoke with this patient. He's a veteran living on disability benefits, and spent 3 months in county lockup saving his money for bail. When the cops arrived on the day of the bust, the patient told us he immediately offered up his personal stash (far less then the pounds that have been cited in news reports -- the host with whom he was staying supposedly had the larger quantity) and showed his California card, which must, by Montana law (http://data.opi.mt.gov/bills/mca/50/46/50-46-201.htm), be recognized by Montana law enforcement officers.

The Montana medical marijuana law also provides for an affirmative defense, which means any person charged with "any" marijuana crime may claim that the reason for the 'crime' was medical in nature, and if a physician confirms this, the authorities are obligated to drop the charges. (http://data.opi.mt.gov/bills/mca/50/46/50-46-206.htm)

Also, to quibble with terminology used in this and many other articles -- medical marijuana cannot be "prescribed" anywhere in the US. A prescription implies FDA approval and pharmacy supply; these condtions do not exist currently.

Comment By mellisa, 4-25-06

what i think about marijuana is crazy because i don't know why people want to mess up there lives with drugs i don't understand why thwey do it what is this drug going to get you in life what is this drug doing to make you who you are what is so special about this drug that everybody wants to do it also I think that if you do, do this drug or sell the drug and you are caught with it that you should go to jail for a long time and also if you don't the cops who are the people that are selling the drug that you should get life sentencve because this is reniung peoples lives for a stuip piece of drug

Comment By richard hawley, 4-25-06

why does everbody dont marijauna if you havent tried it then dont say anything about it. you want to know something right now if the govenrment was to legalize pot i would got anti meth thats wat we should worring about that drug has killed families and i have seen it so next time you say pot is the problem with this world. pull your head out and look at the facts. meth kills. the only reason people arent getting busted is because are government isnt smart enough to bust the crack heads.

Comment By aLs, 4-25-06

Well Melllisa, many people use marijuana because they are in chronic pain or suffer some other sort of medical problem and have been unable to find relief with other drugs. Medical marijuana isn't about getting stoned, it's about treating serious medical problems.

Another way to look at this problem is, who are you to tell people they don't have a right to treat whatever medical problems they have?

Comment By John Roman, 4-26-06

"Well Melllisa, many people use marijuana because they are in chronic pain or suffer some other sort of medical problem..."

Well aLs, they can legally use Marinol.

http://www.usdoj.gov/dea/ongoing/marinol.html

Comment By Heather Masterson, 4-27-06

Do you really believe it makes sense to use our federal resources on busting patients some of whom are dying, just because they have found that a natural plant that alleviates their pain and suffering? I'd much rather this money be spent on other things such as our schools that are desperately under-funded or perhaps alchohol/drug treatment and health education programs. This "War on Drugs" has become a War on Patients. No drug works for every person - including marijuana. But it works for some people and I think that's all that matters.

Like every drug, Synthetic THC (Marinol) works for some people but not everyone - it's NOT the same as cannabis. Not to mention some people are so sick and nauseated that they can't even keep the pill in their stomach. Cannabis been used by civilizations for thousands of years to treat a variety of conditions where prescription medications such as Vioxx or Marinol were tested likely for less than 10 years. Definately not thousands of years since the FDA has only been around since around 1930. Prescription drugs are dangerous and kill people and there has never been a single report of anyone overdosing from cannabis.

Are you aware that there are seven patients that receive regular legal Medical Marijuana from the U.S. government? If marijuana truly had no benefit, why does our government continue to send these patients their medicine? How are these seven patients any different than a patient in Montana or anywhere else in our country? The government talks about how they don't want to send "mixed messages" to the kids by legalizing medical marijuana but talk about a mixed message!

I can understand you not supporting recreational marijuana. But this is about patients and I think we and our government should have compassion for these people that are suffering.

Comment By michael reid, 5-02-06

the truth is that alcohol is legel for recreational use, and that is a poison.And many of are own people die from there own over indulgence. why aren,t the same people who have the energy to down marijuana [recreationally,or medically.]doing something about the real drugs thats destroying culture. like alcohol,meth,and the drugs that the fda allows.why? Well I will tell you why. MONEY any way that you look at it its the same thing.third entrest. like the foreign goverments that have marijuana as a main source of income for their families.I want to know who got the kick backs{money} to make sure that pot stays illegle in this country,becauce the goverment knows that once it is legel for meds it will be for rec az well. and that would mean someone or organization will have to come up with alot of money.so why do you wast your time fighting with marijuana when there is a list of other drug out there that really do harm you and you children. besides the is amirica the land of the free. why or you telling people how to live their lives when you yourself cannot destigush the defference bettween a good drug and a bad drug. if alcohol is legel so should marijuana .put your money where we need it not where the goverment says. take back our country and are rights....... michael

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