Montana’s voters will for the first time in ten years vote on a law enacted by the Montana State Legislature. I-124, also known as the “repeal” of SB 423, will be on the ballot in November 2012.

SB 423 passed the legislature in the waning moments of the 2011 winter legislative session effectively repealing I-148, the law voted in place in 2004 by greater than 62% of the Voters of Montana.

An unsuccessful attempt to subvert the will of the Montana Voter by means of HB 161(which repealed the Medical Marijuana Program COMPLETELY) was ultimately vetoed by Governor Schweitzer.

SB 423 was drafted and presented as “legislation” and the regulatory option. Most “common sense folks” that took the time to read and review the legislation were left scratching their heads in disbelief that this unworkable legislation was actually drafted and sponsored by Sen. Jeff Essmann. What was this legislator thinking?

Throughout the many weeks that followed, the draft legislation snowballed into a repeal Bill in disguise. The Legislation imposed un-defined fines and costs on Physicians who provided “recommendations” to more than a dozen or two patients, and limits on “providers”. For the first time in Montana’s history citizens & businesses were told that this one particular industry would have to provide services free of charge to its clients. Depending on which version of the SB 423 you were reviewing there was more than enough nonsense to go around.

Around the end of March or early April 2011 the activities and progress of SB 423 slowed, ultimately having been declared legislatively dead. Rising from the ashes, SB 423 was brought back to life in a rarely executed procedural vote in the Senate subcommittee late in the game. The degree of reversal on the fundamental issues, by individuals on the Committee, was a clear sign that “common sense” was just not an issue with these Legislators.

What was ultimately passed by both Houses of the Montana State Legislature in SB 423, in veto “proof” numbers was Un-Constitutional. District Judge Reynolds’s subsequent injunction blocked certain parts of SB 423 from taking effect when the law became effective on July 1st, 2011; however the Judges order is a temporary order.

Governor Schweitzer, to his credit, pointed out to Montana Citizens in the days prior to SB 423 becoming law; ”there are many parts of this law that are not constitutional”. The Governor’s hands were tied with regard to SB 423; the Bill had passed BOTH Houses with veto proof margins.

Individuals throughout our great State of Montana were taken back by the action of these legislators. The citizen response, all across Montana, was similar; How can the legislature, take away a law put in place by voter initiative? In 2004, Montana Citizens voted in favor of Initiative 148 by 62.4%. This margin is considered an overwhelming victory in politics.

I will provide you with a brief timeline of the history of Medical Cannabis in Montana.

Since the historic vote in November 2004, Legislative sessions have come and gone, yet the State Medical Marijuana Program operated quietly in the shadows with little regulation.
In 2007, the Montana State Supreme Court ruled (State V. Nelson) that Medical Marijuana (Cannabis) was “medicine”, and would be treated as Medicine, given all rights as granted to prescription drugs dispensed by Pharmaceutical Companies and Pharmacies. This ruling provided protection to patients from others that do not agree with the form of treatment and medicine of the individual. SB 423 repeals this protection for patients.

The situation changed in the fall of 2009 with the publication and release of the memo from Department of Justice official Mr. Ogden. The “Ogden memo” states the Medical Cannabis (Marijuana) should be of the lowest priority in the Federal prosecution of individuals violating the Controlled Substance Act of 1972. “Individuals following state law in which they are registered as medical marijuana patients & providers should not be a priority to the Department of Justice”.

It was at this time that the flood gates opened. Hundreds, and at times, thousands of patients stood in line for 8-10 hours or more to see a doctor in hopes of obtaining a MMP (Medical Marijuana Program) “recommendation”. These travelling clinics or “caravan doctors” as they were known on the street provided a much needed service for these patients. For many, this was the only opportunity to obtain the needed “recommendation” that was required by the State Department of Health and Human Services to obtain the “green card”. The State’s registered patient list grew from several thousand to 30,000 patients. What had happened was the “coming out”, as I coined it.

Citizens that had been using “black-market” Cannabis for years touted its medical benefits and were thankful that common sense was now being instituted and implemented on the state and federal level of government and society.

The stereotypical marijuana user, we have all seen in movies the likes of “Cheech and Chong, Dazed and Confused, and Homegrown”. Yet, the true Cannabis user is you and me; well maybe not you and me, but it is our family members, our fellow church members, our sons, our daughters, our sisters, our neighbors, and so on; you get the point. The Cannabis user is ingrained in society, just as Cannabis is part of the history of Humanity.

For thousands of years Cannabis has been a much relied on renewable resource for medicine (dates back to china 2000 years ago first use), fiber (paper & rope), as well as 25,000 other uses including fuel and energy.

In the 1930’s Popular Mechanics had written an article in which it proclaimed that Cannabis was unique in that it provided a natural, sustainable, and renewable source of raw material that could be useful in 25,000 products from paper and fiber, to clothing, fuel, and 5,000 cellulose products.

Yet, in 1937, Industrial Hemp and Cannabis Remedies were outlawed when the “Cannabis Stamp Act” became the law of the land. Cannabis remained under the radar for many years, until the early 1970’s when Richard Nixon’s Controlled Substance Act was passed and the Drug Enforcement Agency was created. Some would argue that President Nixon created this law so that police could arrest protesters protesting the Vietnam War and Society’s ills. Police could not “constitutionally arrest people for protesting” so they created another means to do so, as some would argue, including myself.

Since that time, we as a society have imprisoned and negatively altered the lives of millions of Americans and other nationalities in the “War on Drugs”. We have made governments around the globe susceptible to corruption from the money and power that the “black market illegal drug trade” generates.

We now have CCA (Corrections Corporation of America) private prisons profiting from Americans use of Cannabis and our governments unrealistic and clearly “dug in” position on the issue. We are the only country in the World that legislates and condones for profit prisons.

We have the duty as Montana Voters to make our voices heard, especially to the few that seem hell bent on controlling the many.

I believe and publically request, on behalf of all State of Montana Citizens that are enrolled and registered in the Department of Health and Human Services, Medical Marijuana Program, that Mr. Steve Bullock, the Montana State’s Attorney General, formally request in writing to the Department of Justice, Attorney General Eric Holder, and the DEA requesting that Cannabis be rescheduled from Schedule–I (Which is classified as “having no medical use”) to a Schedule-II drug (which is classified has “having medical use and value”). Rescheduling Cannabis as “having medical value” seems like common sense, right?

The Rescheduling of Cannabis would “right” the many conflicts between States Rights under the 10th Amendment of the US Constitution and the Federal laws with regards to Cannabis use, possession, manufacture, delivery, sale, and other issues such as revenue, expenses, and IRS deductions and tax filings. This could be resolved with a Presidential Executive Order; or the DEA could simply look that the situation under our Constitution and do the “right” thing, reschedule Cannabis to be in the same Classification as drugs like Cocaine. Yes, according to the DEA, and I would agree, Cocaine does have medical uses, as does Cannabis.

In November, 2012 the choice with regard to
Medical Marijuana will once again be placed
before the Montana Voter, as I-124.

We should all make our voices heard again, regardless of the position.

Constitutional Initiative CI-109 is currently gathering signatures to place on the 2012 ballot; which provides a Constitutional Amendment to the Montana Constitution that will restrict and prohibit the legislature from changing or altering voter initiatives voted into law by the citizens of Montana.

Stonewall Thomas is a Free-Lance Writer. Check out his website www.RealSolutionsforAmerica.org or email him at stonewall@stonewallthomas.com