Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
When it comes to medical marijuana in Montana, it's easy to stir up a hornet's nest of controversy, although advocate Tom Daubert says that shouldn't be the case on a bill he and others are supporting this week.
"It's as uncontroversial as a bill with the word 'marijuana' in it can be," he said of House Bill 73, which would allow not only physicians but also nurse practitioners and physician assistants to prescribe marijuana for medical use in Montana.
The same probably can't be said about another marijuana-related bill up for hearing this week, which will face vocal opposition from supporters of Montana's medical-marijuana program.
Senate Bill 212, sponsored by Sen. Verdell Jackson, R-Kalispell, said that if a medical-marijuana patient or caregiver is involved in a traffic accident or traffic stop by police, the police can demand a blood test of that person.
If the person refuses, his or her medical-marijuana registration card can be revoked, and if the test shows the patient has a certain level of marijuana residue in the bloodstream, the card can be revoked for life.
Jackson said he's concerned about the high number of Montanans who are killed or injured by impaired drivers.
"I consider this a special situation," he said. "If they are taking marijuana and ( driving ), that's very serious."
Daubert, who represents the medical-marijuana group Montana Patients and Families United, said he has seen no indication of any problem with medical-marijuana patients or their caregivers driving under the influence. A "caregiver" is someone legally designated to supply patients with marijuana.
The two bills are among several affecting medical marijuana this Legislature, from both sides of the issue. Others yet to be introduced include a proposal to make it easier for patients to possess the amount of drug they need and one to close an alleged loophole arguably allowing caregivers to use the drug.
For now, however, the focus is on the two introduced bills.
HB78 will be heard before the House Human Services Committee on Wednesday afternoon; Jackson's bill is before the Senate Judiciary Committee on Tuesday morning.
Rep. Julie French, D-Scobey, the sponsor of HB73, said she has heard complaints against her bill, but that opponents often want to argue a point already settled: the legality of medical marijuana.
Montana voters made medical marijuana legal in 2004 by passing Initiative 148 with 62 percent in favor. As of last month, nearly 1,600 patients in 42 Montana counties have been approved as medical-marijuana users, usually to alleviate pain caused by chronic diseases such as cancer and multiple sclerosis.
French said her bill simply puts rural patients on an equal footing with urban Montanans when it comes to finding a health care professional who could prescribe medical marijuana.
Current law allows only a physician to designate someone as eligible for medical marijuana. As physicians become scarce in rural Montana, severely ill patients who might need the drug would have to travel hundreds of miles to see someone they don't even know, she said.
HB73 also would allow someone with an incurable medical condition to renew his or her medical-marijuana registry every three years instead of every year.
"As with any other medicine we prescribe, we don't go out of the way to make life hell for ( the patient )," French said.
French and Daubert say HB73 is fairly innocuous, and hope it can overcome any opposition from those who don't like the fact that medical marijuana is legal in Montana.
As for Jackson's SB212, Daubert said it could penalize medical-marijuana patients who aren't driving under the influence. Elements of marijuana stay in one's system for days after using it, and the user could fail the blood test and then lose his or her medical marijuana registration card, even if not driving while impaired, he said.
"There's no scientific basis for the standards ( in the bill ) for impairment," Daubert said. "Those who medicate with marijuana would be pretty much guaranteed to fail the test."
Jackson said that if it's true that medical-marijuana patients aren't driving much at all, let alone under the influence, then they shouldn't be worried about his bill. "But if they are out there driving around, and they kill someone, it would be pretty hard to convince the family members ( of the victim ) that it wasn't a problem," he said.
Still, Jackson said he'll look forward to Tuesday's hearing to listen to arguments against his proposal.
"I want to use the public process to see if we have a problem in this area," he said.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Billings Gazette, The (MT)
Copyright: 2009 The Billings Gazette
Contact: speakup@billingsgazette.com
Website: BillingsGazette.com ::
Author: Mike Dennison
"It's as uncontroversial as a bill with the word 'marijuana' in it can be," he said of House Bill 73, which would allow not only physicians but also nurse practitioners and physician assistants to prescribe marijuana for medical use in Montana.
The same probably can't be said about another marijuana-related bill up for hearing this week, which will face vocal opposition from supporters of Montana's medical-marijuana program.
Senate Bill 212, sponsored by Sen. Verdell Jackson, R-Kalispell, said that if a medical-marijuana patient or caregiver is involved in a traffic accident or traffic stop by police, the police can demand a blood test of that person.
If the person refuses, his or her medical-marijuana registration card can be revoked, and if the test shows the patient has a certain level of marijuana residue in the bloodstream, the card can be revoked for life.
Jackson said he's concerned about the high number of Montanans who are killed or injured by impaired drivers.
"I consider this a special situation," he said. "If they are taking marijuana and ( driving ), that's very serious."
Daubert, who represents the medical-marijuana group Montana Patients and Families United, said he has seen no indication of any problem with medical-marijuana patients or their caregivers driving under the influence. A "caregiver" is someone legally designated to supply patients with marijuana.
The two bills are among several affecting medical marijuana this Legislature, from both sides of the issue. Others yet to be introduced include a proposal to make it easier for patients to possess the amount of drug they need and one to close an alleged loophole arguably allowing caregivers to use the drug.
For now, however, the focus is on the two introduced bills.
HB78 will be heard before the House Human Services Committee on Wednesday afternoon; Jackson's bill is before the Senate Judiciary Committee on Tuesday morning.
Rep. Julie French, D-Scobey, the sponsor of HB73, said she has heard complaints against her bill, but that opponents often want to argue a point already settled: the legality of medical marijuana.
Montana voters made medical marijuana legal in 2004 by passing Initiative 148 with 62 percent in favor. As of last month, nearly 1,600 patients in 42 Montana counties have been approved as medical-marijuana users, usually to alleviate pain caused by chronic diseases such as cancer and multiple sclerosis.
French said her bill simply puts rural patients on an equal footing with urban Montanans when it comes to finding a health care professional who could prescribe medical marijuana.
Current law allows only a physician to designate someone as eligible for medical marijuana. As physicians become scarce in rural Montana, severely ill patients who might need the drug would have to travel hundreds of miles to see someone they don't even know, she said.
HB73 also would allow someone with an incurable medical condition to renew his or her medical-marijuana registry every three years instead of every year.
"As with any other medicine we prescribe, we don't go out of the way to make life hell for ( the patient )," French said.
French and Daubert say HB73 is fairly innocuous, and hope it can overcome any opposition from those who don't like the fact that medical marijuana is legal in Montana.
As for Jackson's SB212, Daubert said it could penalize medical-marijuana patients who aren't driving under the influence. Elements of marijuana stay in one's system for days after using it, and the user could fail the blood test and then lose his or her medical marijuana registration card, even if not driving while impaired, he said.
"There's no scientific basis for the standards ( in the bill ) for impairment," Daubert said. "Those who medicate with marijuana would be pretty much guaranteed to fail the test."
Jackson said that if it's true that medical-marijuana patients aren't driving much at all, let alone under the influence, then they shouldn't be worried about his bill. "But if they are out there driving around, and they kill someone, it would be pretty hard to convince the family members ( of the victim ) that it wasn't a problem," he said.
Still, Jackson said he'll look forward to Tuesday's hearing to listen to arguments against his proposal.
"I want to use the public process to see if we have a problem in this area," he said.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Billings Gazette, The (MT)
Copyright: 2009 The Billings Gazette
Contact: speakup@billingsgazette.com
Website: BillingsGazette.com ::
Author: Mike Dennison
