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1. Montana Judge Rules On States Protection for Providers
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A judge on Friday has ruled that Montana’s medical marijuana law does not protect those that provide medical marijuana to other from federal prosecution. US District Judge Donald Malloy dismissed a civil lawsuit that was filed by 14 individuals and businesses that were part of more than two dozen medical marijuana providers that were raided in March of last year in a coordinated effort between state and federal agents.

The providers were saying their constitutional rights were violated because state law allows them to grow and produce cannabis for medical consumption. Judge Malloy ruled on that age-old state’s rights versus federal government argument. Malloy said that the U.S. Constitution’s supremacy clause applies in medical marijuana cases, because the supremacy clause says that federal law prevails if there is any conflict between state and federal statutes.

His ruling said, “Whether the plaintiffs’ conduct was legal under Montana law is of little significance here, since the alleged conduct clearly violates federal law, we are all bound by federal law, like it or not.”

Montana medical marijuana activists have had a rough year with blow after blow to the medical marijuana industry in the state. A strict new medical marijuana law was put into place by legislators last summer, severely limiting the number of patients that will enroll in the program, and putting pressure on medical marijuana businesses like clinics and dispensaries. That legislative action is currently under a legal review and there will also be a question about the new laws, already in affect, that will appear on the November ballot for voters to endorse or reject.

Some of that new law was temporarily blocked by a state judge, but even with some of the legislation blocked, there has been a dramatic decrease in the number of patients and providers who are enrolled in the program. At the end of May, before the legislation took effect there were 31,522 patients registered with the program. According to the state Department of Public Health and Human Services that oversees the registration, there were 18,012 registered patients in December. In May there were 4,650 registered providers compared with only 395 of them last month.

The Attorney representing the medical marijuana providers in the civil case dismissed on Friday said the ruling is a clear warning to other medical marijuana providers in the state that the federal government can go after them if they want to now. He has said he and his clients have not decided if they will appeal the decision.

External Link:
http://www.therepublic.com/view/story/8321e7cdd71944cdb99a0e878c8125f4/US–Medical-Marijuana-Raids/

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1. Bonnie Dumanis changes her stripes, claims she supports medical marijuana as she runs for San Diego mayor
2. Drug Reform Conference in Los Angeles features speech by presidential candidate Gov. Gary Johnson
3. San Jose mayor proposing new taxes to cover cost of referendum
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• Medical marijuana turns 15 years old tomorrow – has it reached its zenith?

(AP) The Montana State University-Billings poll said 62 percent of respondents favored the overhaul of the pot law adopted by the Legislature earlier this year.

The Legislature’s crackdown on pot repealed the original medical marijuana statute approved by voters in 2004. It replaced it with a much tougher law that makes it more difficult to get a medical marijuana card and severely limits the supply of the drug.

Supporters of the new law argued it was needed to control an industry that was out of control.

The poll also found that 55 percent believe medical marijuana users should not be allowed to buy guns and ammunition. Recently, the federal government warned gun dealers not to sell to people holding medical marijuana cards.

Montana NORML and other supporters have worked hard to get the signatures to place a repeal of this new SB 423 “repeal lite” on the ballot in 2012.  Unfortunately, the poll shows that only 28% of those surveyed opposed SB 423.

But to see a majority in Montana support the federal government taking away the guns of law-abiding citizens… I never thought I’d live to see the day.  This goes to show you how deeply-set the hatred of hippies and pot smokers is when people who’ve been screaming that “the Democrats are gonna take yer guns!” are perfectly fine with that so long as you’re a stoner.

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1. Harborside Health Center hit with huge tax bill; IRS rules dispensaries can’t deduct expenses
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Your Second Amendment rights do not fully apply in the shaded states

Of the sixteen states that currently recognize our Ninth and Tenth Amendment rights to medical use of cannabis*, perhaps none is more associated with love of the Second Amendment’s Right to Bear Arms than Montana (maybe Michigan).  So it is no surprise that the people of Montana are reacting most strongly to the recent memo by the Bureau of Alcohol, Tobacco, Firearms and Explosives explaining how registered medical marijuana patients dutifully obeying state law do not have a right to purchase or own weapons and ammunition.

According to the Great Falls Tribune, both of Montana’s senators and its representative have come out against the BATFE memo:

Democratic Sen. Jon Tester wrote to Attorney General Eric Holder and the memo’s author urging them to “immediately reconsider this misguided effort.”

“These regulatory changes infringe upon the privacy and Second Amendment rights of Montanans while placing an unreasonable burden upon the small business owners who sell firearms and ammunition,” Tester wrote.

“It is unacceptable that law-abiding citizens would be stripped of their Second Amendment rights simply because they hold a state-issued card authorizing the possession and use of marijuana for medicinal purposes,” Tester added.

Republican Rep. Denny Rehberg, through his spokesman Jed Link, criticized the policy and the Obama administration.

“Between the ATF clamping down on gun rights and two new anti-gun Supreme Court justices, Montanans’ Second Amendment rights are once again under fire from Washington,” Link said.

Sen. Max Baucus said he will continue to defend individual gun rights.

“I’m concerned to hear ATF may be impeding the rights of law-abiding folks,” Baucus said. “Individual gun rights must be protected, and I’ll never stop fighting to make sure they stay intact.”

The Belgrade News reports that Montana’s Attorney General, Steve Bullock, has also criticizes the Obama Administration’s move to disarm lawful medical marijuana patients:

The ATF’s edict that marijuana users may not own or possess firearms or ammunition “implicates serious legal issues under the Second Amendment, and the equal protection and due process clauses of the Fifth Amendment,” Bullock said. It also flies in the face of the state constitution, which protects the right to hunt.

Bullock said some medical marijuana cardholders may not use the drug all of the time, yet the firearm restriction would apply to them for as long as the card was valid. Also, marijuana patients must have the written authorization of a physician to obtain a card, a fact the ATF ignored.

“The ATF letter does not take this into account, even though the controlling federal regulation recognizes that a person who uses a controlled substance in a manner prescribed by a physician is not disqualified from possessing or buying ammunition or guns” under federal law, he said.

The prohibitionists seriously miscalculated when they went after the guns of medical marijuana patients.  I’m hearing from people who aren’t particularly fond of marijuana, period, but find this move by the federal government deeply disturbing.  I think the feds anticipated that the public would applaud keeping guns away from “druggies”, failing to realize that many people don’t consider marijuana a serious drug problem compared to the meth, crack, or heroin plaguing their neighborhood and that a majority support the medical use of marijuana.  The silver lining is that the blowback from this federal overreach is bringing some people off the fence into supporting our side.

*Yeah, I know, the Supreme Court doesn’t see it that way, but if you ask me, the Ninth Amendment applies because it says just because a right isn’t enumerated in the Constitution doesn’t mean it isn’t a right, and I can’t believe a nation full of hemp farmers would have ever conceived of a need to enumerate the right to plant and sow crops.  The Tenth applies because rights not bestowed to the federal government by the Constitution – like the governing of medical practice – are reserved to the States and to the People.

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• Ed Docter from Montana Cannabis Industries Association on referendum on SB 423

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