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It's easy to blame Montana voters for approving a poorly written state medical marijuana law in 2004, said attorney Tom Singer of Billings.
But, added the moderator of a State Bar of Montana panel Friday at the Great Falls Holiday Inn, "that Obamacare (health) bill is just as bad," to chuckles from the crowd.
"The beauty of our system is we can try to fix it," Singer said.
Lawyers at the attorney group's 2010 annual meeting in Great Falls cited a litany of concerns and questions about the marijuana law from marijuana patients and caregivers to business owners, landlords and police officers.
Singer cited an incident in which a trash collection company he represents got a call from one of its drivers. A customer left a trash can containing regular garbage, plus a box full of cannabis next to the can.
The driver wanted to know whether to pick up the marijuana.
"I said, 'Leave it there,'" Singer related. He reasoned it would probably be OK to pick up marijuana left in a trash can, but not if it's in open view.
A state of Montana attorney, Mike Fanning, jokingly theorized it would be OK to pick up the marijuana, but "it should have been disposed of by incineration, a gram at a time." Montana's medical marijuana law allows a patient to carry one gram of marijuna at a time.
Attorneys at the meeting appeared to agree the marijuana law could stand to be revised. State legislators and staffers, along with some members of Montana's fledgling medical marijuana industry, have been working in advance of the 2011 Legislature to tighten up the law. Some critics want the law repealed outright.
At the Friday afternoon session, four panelists discussed marijuana incidents.
Fanning played the role of prosecutor for the State Board of Medical Examiners in a case in which a doctor was disciplined for failing to provide a minimum standard of care to patients seen during an October marijuana clinic in Great Falls.
Dr. Patricia Cole of Whitefish saw about 150 patients in 14 1/2 hours and later was fined $2,000 for providing substandard care to patients. Fanning said he personally would welcome marijuana complaints, after an attorney in the audience said the state should be more aggressive seeking out cases.
Tammy Plubell, a Department of Justice assistant attorney general, gained attention in a marijuana case the state of Montana lost. She said a man who was arrested for numerous drug offenses pleaded guilty to one charge, then obtained a medical marijuana card before he was sentenced. The Montana Supreme Court later ruled it could not interfere with the right of a person on probation to use medical marijuana. Plubell said she later was inundated with calls from people asking advice about various medical marijuana issues.
"For a while, it was insane," Plubell said.
Shane A. Vannatta, a lawyer in Missoula, said marijuana businesses can sign business contracts, but Montana has a statute that "a contract for an illegal object is void in Montana." Marijuana may be allowed by city and state law, but possession of it remains illegal under federal law.
Vannatta said interest in medical marijuana jumped about a year ago when U.S. Attorney General Eric Holder said enforcing federal marijuana laws would be a low priority in states like Montana that allow use of marijuana for medicinal purposes.
Alanah Griffith, a Bozeman attorney who represents some landlords and some medical marijuana businesses, said unanswered questions are many, including the definition of "a useable ounce" of marijuana; whether baggies of medical marijuana should contain warning labels about side effects, and whether a commercial kitchen license is needed to cook up a batch of marijuana brownies. She said landlords rightly are concerned their property could be raided if tenants grow medical marijuana.
Vannatta said the state marijuana law, approved by a roughly 3-2 margin by voters, did not appear to contemplate the creation of large marijuana businesses. Instead, it expected patients to grow their own pot, or find a caregiver to grow it for them. The law also did not appear to anticipate a caregiver acting as a middleman in obtaining medical marijuana for a patient.
Just like other Montanans, the attorneys hope the Legislature will help to clarify many questions about marijuana that pop up every week around the state.
NewsHawk: MedicalNeed:420 MAGAZINE
Source:greatfallstribune.com | Great Falls Tribune | Great Falls news, community, entertainment, yellow pages and classifieds. Serving Great Falls, Montana
Author:RICHARD ECKE
Contact: greatfallstribune.com | Great Falls Contact Us | Great Falls Tribune
Copyright: 2010 GreatFallsTribune.com
Website:State Bar panel points out flaws in medical marijuana law | greatfallstribune.com | Great Falls Tribune
But, added the moderator of a State Bar of Montana panel Friday at the Great Falls Holiday Inn, "that Obamacare (health) bill is just as bad," to chuckles from the crowd.
"The beauty of our system is we can try to fix it," Singer said.
Lawyers at the attorney group's 2010 annual meeting in Great Falls cited a litany of concerns and questions about the marijuana law from marijuana patients and caregivers to business owners, landlords and police officers.
Singer cited an incident in which a trash collection company he represents got a call from one of its drivers. A customer left a trash can containing regular garbage, plus a box full of cannabis next to the can.
The driver wanted to know whether to pick up the marijuana.
"I said, 'Leave it there,'" Singer related. He reasoned it would probably be OK to pick up marijuana left in a trash can, but not if it's in open view.
A state of Montana attorney, Mike Fanning, jokingly theorized it would be OK to pick up the marijuana, but "it should have been disposed of by incineration, a gram at a time." Montana's medical marijuana law allows a patient to carry one gram of marijuna at a time.
Attorneys at the meeting appeared to agree the marijuana law could stand to be revised. State legislators and staffers, along with some members of Montana's fledgling medical marijuana industry, have been working in advance of the 2011 Legislature to tighten up the law. Some critics want the law repealed outright.
At the Friday afternoon session, four panelists discussed marijuana incidents.
Fanning played the role of prosecutor for the State Board of Medical Examiners in a case in which a doctor was disciplined for failing to provide a minimum standard of care to patients seen during an October marijuana clinic in Great Falls.
Dr. Patricia Cole of Whitefish saw about 150 patients in 14 1/2 hours and later was fined $2,000 for providing substandard care to patients. Fanning said he personally would welcome marijuana complaints, after an attorney in the audience said the state should be more aggressive seeking out cases.
Tammy Plubell, a Department of Justice assistant attorney general, gained attention in a marijuana case the state of Montana lost. She said a man who was arrested for numerous drug offenses pleaded guilty to one charge, then obtained a medical marijuana card before he was sentenced. The Montana Supreme Court later ruled it could not interfere with the right of a person on probation to use medical marijuana. Plubell said she later was inundated with calls from people asking advice about various medical marijuana issues.
"For a while, it was insane," Plubell said.
Shane A. Vannatta, a lawyer in Missoula, said marijuana businesses can sign business contracts, but Montana has a statute that "a contract for an illegal object is void in Montana." Marijuana may be allowed by city and state law, but possession of it remains illegal under federal law.
Vannatta said interest in medical marijuana jumped about a year ago when U.S. Attorney General Eric Holder said enforcing federal marijuana laws would be a low priority in states like Montana that allow use of marijuana for medicinal purposes.
Alanah Griffith, a Bozeman attorney who represents some landlords and some medical marijuana businesses, said unanswered questions are many, including the definition of "a useable ounce" of marijuana; whether baggies of medical marijuana should contain warning labels about side effects, and whether a commercial kitchen license is needed to cook up a batch of marijuana brownies. She said landlords rightly are concerned their property could be raided if tenants grow medical marijuana.
Vannatta said the state marijuana law, approved by a roughly 3-2 margin by voters, did not appear to contemplate the creation of large marijuana businesses. Instead, it expected patients to grow their own pot, or find a caregiver to grow it for them. The law also did not appear to anticipate a caregiver acting as a middleman in obtaining medical marijuana for a patient.
Just like other Montanans, the attorneys hope the Legislature will help to clarify many questions about marijuana that pop up every week around the state.
NewsHawk: MedicalNeed:420 MAGAZINE
Source:greatfallstribune.com | Great Falls Tribune | Great Falls news, community, entertainment, yellow pages and classifieds. Serving Great Falls, Montana
Author:RICHARD ECKE
Contact: greatfallstribune.com | Great Falls Contact Us | Great Falls Tribune
Copyright: 2010 GreatFallsTribune.com
Website:State Bar panel points out flaws in medical marijuana law | greatfallstribune.com | Great Falls Tribune
