Fight awful Montana SB 212 (Lifetime MedMJ Ban for DUII)
Monday, January 19th, 2009 at 9:00 am | By: Radical Russ
Montana Stashers, get on the phone NOW and call your State Senators to oppose SB 212 (details below). Montana Patients and Families United reports this bill would mandate blood testing for any patient suspected of DUII, sets the blood threshhold so low no patient could pass, the requires lifetime loss of the patient’s medical marijuana privileges.
SB 212 – Hearing Next Tuesday Morning, Jan. 20th
Can you come to Helena very early next Tuesday – and stay until late afternoon or evening the following day?
We need help next Tuesday morning to oppose a terrible bill – SB 212 – that just moments ago was scheduled for hearing that morning. (Info about SB 212 below.)
Hearing: Senate Judiciary Committee, Room 303 of Capitol Building (“old Supreme Court chambers”)
When: 9 am, Tuesday, January 20
You can read SB 212 here: http://data.opi.mt.gov/bills/2009/billpdf/SB0212.pdf <http://data.opi.mt.gov/bills/2009/billpdf/SB0212.pdf>
SB 212 would require THC blood-testing of any registered patient/caregiver found or thought by law enforcement officials to be driving “under the influence” (which already is illegal under the law). Meanwhile, the THC threshold specified in the bill is extremely low – so low that most bona fide patients would fail the blood test even if they hadn’t medicated for a day or longer. And the bill’s penalty for failing the THC blood test – loss of patient privileges for life.
This bill violates privacy (and other constitutional) rights, and would carry penalties that are truly unprecedented.
Consider: A person guilty of multiple drunk-driving incidents can lose his/her driver’s license – and might even serve time in jail – but would NOT permanently be forbidden to drink alcohol. A person who committed driving violations while under the influence of too many prescription pain relievers might similarly lose driving rights for a period of time – but would NEVER lose the basic human right to receive needed prescription medicine from a physician.
Patients & Families United will strongly oppose this bill, as you might imagine.
Senate Judiciary Committee
Please call your friends and relatives and ask them to help us defeat SB 212. Everyone who cares about the welfare of patients should call to leave messages for members of the Senate Judiciary Committee urging a “Do Not Pass” committee vote.
The number to call to leave messages for legislators is: 406-444-4800.
Committee members who should receive messages are:
Sen. Gary Perry, chairman (R-Manhattan)
Sen. Jim Shockley, vice-chair (R-Victor)
Sen. Aubyn Curtiss (R-Fortine)
Sen. John Esp (R-Big Timber)
Sen. Greg Hinkle (R-Thompson Falls)
Sen. Larry Jent (D-Bozeman)
Sen. Carol Juneau (D-Browning)
Sen. Jesse Laslovich (D-Anaconda)
Sen. Dan McGee (R-Laurel)
Sen. Lynda Moss (D-Billings)
Sen. Terry Murphy (R-Cardwell)
And if you can stay in Helena for an extra day, there is HB 73 which you can lend your support to:
Topics: driving, driving under the influence, DUII, Helena, MontanaHearing on Wednesday, Jan. 21 on PFU’s HB 73
Next Wednesday, January 21, the first of two medical marijuana improvement bills that Patients & Families United has developed – HB 73 – will be heard by the House Human Services Committee.
See the news/alert we sent last night for more detailed information.
You can read HB 73 here: http://data.opi.mt.gov/bills/2009/billpdf/HB0073.pdf
Details on the hearing:
Time: 3 pm, Wednesday January 21
Where: Room 157, ground floor of capitol building
Patients & Families United will host a lunch in Helena for those who can join us for the hearing. The lunch will begin at 11:30 am and end by 1:30 pm, leaving us plenty of time to get to the capitol and “take charge” of the hearing room before legislators arrive. More info on the lunch location as the day approaches.
Again, the members of the committee who need to receive phone messages urging a “Do Pass” recommendation for HB 73 are:
House Human Services Committee
Arlene Becker, chairperson (D-Billings)
Mary Caffero, vice-chair (D-Helena)
Pat Ingraham, vice-chair (R-Thompson Falls)
Bill Beck (R-Whitefish)
Julie French (D-Scobey) – our bill’s sponsor!
Tim Furey (D-Milltown)
David Howard (R-Park City)
Chuck Hunter (D-Helena)
Dave McAlpin (D-Missoula)
Michael More (R-Gallatin Gateway)
Pat Noonan (D-Ramsay)
Ken Peterson (R-Billings)
Diane Sands (D-Missoula)
Cary Smith (R-Billings)
Ron Stoker (R-Darby)
Jeff Wellborn (R-Dillon)To leave a message for these legislators, call: 406-444-4800.
It seems like it would be a problem to have such a law applied to a single prescription medication, as there are many other prescription medications that will mess with your driving ability way more than marijuana. It would make much more sense for them to pull your driver’s license. The legislature has a legitimate interest in managing the safety of the public roadways. They do not have a legitimate interest in prohibiting citizens from access to their prescribed medications. But, the law should be applied to all who abuse their right to drive by driving while impaired. And, I think a lifetime ban is unjustifiably severe. Counseling is indicated in these situations, though there may be exceptional cases that should be dealt with harshly. Repeat offenses should be dealt with more harshly, including possible imprisonment, if necessary. But, the government should never prohibit the citizen from using his prescribed medication. That is between the patient and his medical professionals.
-ED