There are currently 4 states that have legalized recreational marijuana, 23 states that allow medicinal use, and 11 additional states that have passed CBD-only laws. (CBD - Cannabidiol is one of the active cannabinoids identified in cannabis.) It would appear the days of marijuana prohibition are numbered, but not in Montana. The Treasure State’s medical marijuana (MMJ) program could be taking a giant leap backwards while the rest of the country moves ahead.

Passed as a voter’s initiative in 2004, Montana’s original MMJ law was vague and left it to the legislature to design a regulatory system. This duty was ignored during the 2005, 2007, and 2009 legislative sessions. A total repeal of the law was attempted during the 2011 legislative session, citing abuses that could have been prevented by regulating it in the first place. The repeal bill passed, but was vetoed by Governor Schweitzer.

After the repeal failed, the legislature responded with SB 423. Sponsored by Senator Jeff Essmann (R), it was touted as the ‘grow your own bill’ because they thought patients should be able to grow plants for themselves. The new law still allowed for providers, but they could only provide MMJ to three patients. They also weren’t allowed to accept any monetary compensation, not even to cover costs. If patients were unable to grow for themselves, they would have to find someone willing to do it for free.

The Montana Cannabis Industry Association immediately filed a lawsuit to challenge portions of SB 423 that they viewed as unconstitutional. Two doctors and a few providers and patients joined the lawsuit as well. A temporary injunction was granted by Judge Reynolds in June 2011 that blocked those parts of the law from being enjoined. The injunction was made permanent in January 2015.

The State of Montana is currently appealing the injunction to the Montana Supreme Court. If the State succeeds, MMJ access will become extremely limited. Even Montana Attorney General Tim Fox has acknowledged that SB 423 was essentially designed to shut the program down. “Fox and his colleagues argued that Reynolds erred by assuming ‘access’ to marijuana was a purpose of the state law.” (Missoulian 5/7/15).

Isn’t safe access the purpose of any medical marijuana law? Even the staunchest opponents in legislature stated that people with conditions such as MS or cancer deserve to use medical marijuana. Unfortunately, those people are the ones that will suffer the most under a fully enjoined SB 423. People just like Mark, Miles, and Patricia.

Mark Driscoll suffers from MS. His prescription drugs nearly killed him, which resulted in Mark being placed in a nursing home long before retirement age. After he was well enough to leave the nursing home, he knew he needed a safer alternative. In 2001, Mark became a medical marijuana (MMJ) patient in Washington and is now licensed in Montana. Cannabis, as he prefers to call it, gave him his life back. Mark says it has preserved physical abilities he was losing to the disease and that he is now in remission. Despite being bed-ridden, his brain still works well because his cognitive skills are not diminished by prescription drugs. He’s even gone back to work as a salesman for ‘off-road’ motorized wheelchairs. Mark has become a vocal MMJ proponent and fears losing his current MMJ provider. He’s incapable of growing for himself and doesn’t have anyone to do it for him for free. Without MMJ, he would grudgingly go back to his prescription drugs. Doing that would sacrifice the quality of life MMJ has given back to him. Mark’s not sure he can do that, but he may not have a choice.

Miles Erickson has liver cancer. He says MMJ helps with his pain some, but he uses it primarily as an appetite stimulant. Miles has lost 65 pounds during the course of his cancer treatment. Like many cancer patients, he doesn’t have an appetite. Miles has regained 11 pounds since he starting using MMJ. He isn’t capable of growing for himself and doesn’t know anyone that would grow it for him for free. As a result, there’s a good chance he may lose access to MMJ by year’s end. Without a MMJ provider, Miles believes that his wasting disease will kill him before his cancer does.  

Patricia Sampson had breast cancer 11 years ago that metastasized to her liver last year. As she was preparing to begin her second round of chemotherapy, she knew she had to try something else. Patricia’s intuition led her to MMJ. Her oncologist agreed to sign off on Patricia becoming an MMJ patient, but was unable to make any recommendations in regards to using it. Patricia’s naturopath has been able to help her with MMJ dosing in addition to prescribing other supplements. Patricia initially used MMJ to help her sleep, not really knowing how else it would help her. Since her last round of chemotherapy ended in December, her liver tumors have continued to shrink. She’s not in remission, but her breast cancer markers have continued to decrease and are currently in the normal range. She’s not certain that it’s all due to MMJ, but she’s not willing to give it up. Patricia is lucky because her MMJ provider has offered to provide to her at no charge if the law changes.  

The patients are the ones that will suffer the most under SB 423, but our communities are going to be affected as well.  

SB 423 would restrict MMJ providers to only providing for three patients and they cannot accept any kind of compensation (not even to cover production costs). As of June, there were 2,434 patients and 62 providers in Gallatin County. Under SB 423’s limits, we would need nearly 500 providers to accommodate all of those patients just in this county alone. Instead of concentrating the growing operations in commercial or industrial locations, SB 423 would push them to your neighbor’s garage or basement closet.

It’s extremely naïve to assume that these kinds of regulations won’t just push some people to the black market. Recent studies have shown that marijuana use by teens has decreased in states where it has been well regulated. Proponents of SB 423 claim they want to keep MMJ out of the hands of kids, but their efforts may produce the exact opposite.

Two-thirds of the patients in Montana qualify under the chronic pain category and their primary reason for choosing MMJ is to avoid using prescription drugs (It’s worth noting that their average age is 46). We all know someone that has either been addicted to painkillers or that has been affected by addiction in some way or another. It’s also no secret that Montana has a serious prescription drug abuse problem. Attorney General Tim Fox’s office calls it an invisible epidemic. The following text is from his web site:

“…Each year, prescription drug abuse contributes to the deaths of more than 300 Montanans making prescription drug abuse 15 times more deadly than meth, heroin and cocaine combined. Our kids report the third-highest rate of prescription drug abuse in the country and more than half of them say prescription drugs are easier to get than street drugs...”

Recent studies have shown that prescription painkiller deaths decrease by nearly 25% in states where they have legalized MMJ. Considering that, shouldn’t MMJ be offered as an alternative to prescription drugs? Other studies show that suicide rates also fall in MMJ states. Montana’s annual suicide rates are often the highest in the nation. Limiting MMJ access seems ludicrous in light of those kind of statistics.   

The lawsuit isn’t the only thing seeking to change the current MMJ law. There are three marijuana-related ballot initiatives that have been submitted to the Secretary of State. Ballot Issue #6 seeks to ban any drug that is not federally legal. That’s just another way of saying you want to ban MMJ completely. Ballot Issue #7 seeks to legalize recreational use for adults 21 and over. Ballot Issue #8 seeks to remove certain limits from MMJ. This one is a back-up plan of sorts if the Supreme Court reverses Judge Reynolds’ injunction. These petitions must collect the required number of signatures before they can be placed on the 2016 ballot.  
Only time will tell how it will all turn out. Medical marijuana is inevitably going to be legalized nationwide in one form or another. Recreational may not be far behind. It’s not a matter of if, but when. Let’s hope Montana can do the same. People like Mark, Miles, and Patricia deserve it.   

Erin Bell has been a medical marijuana advocate for the last 5 years. She was born in Idaho, but considers Montana home.