NORML regrets to inform you that a pair of proposals seeking to reform Montana’s marijuana laws were defeated recently in partisan votes.

On Monday, March 23, members of the House Judiciary Committee deadlocked 9 to 9 on House Bill 541, which sought to reclassify the possession of thirty grams or less of marijuana from a criminal misdemeanor to a civil infraction. Not one Republican voted in favor of the bill. An effort by supporters to raise the measure for reconsideration on Friday also failed.

In other disappointing news, members of the House Human Services Committee voted 8 to 8 on Friday, March 27, to table Senate Bill 326, which sought to expand Montana’s medical marijuana program. Once again, no Republicans endorsed the bill.

A motion on the House floor to reconsider the bill failed 47 to 51.

Obviously, these results are not what we hoped for. That said, we must keep in mind that our efforts, and your assistance, succeeded in killing several pieces of bad legislation that would have increased marijuana penalties in Montana. It is also worth noting that Senate Bill 326, a highly ambitious proposal, received legislative approval from the Senate before deadlocking in the House. These are significant victories that we can build upon in the coming years.

Thanks again to each of you who contacted your state elected officials in support of these and other measures. If you would like more information on Montana’s ongoing marijuana law reform efforts, please contact Montana Patients and Families United at: info@mtmjpatients.org.

Thank you for supporting NORML’s efforts in Montana.

It looks like decriminalization in Montana is dead today, as the House Judiciary Committee voted on party lines, 9-9 (Democrats in favor, Republicans opposed) to move the bill forward, and a tie means it doesn’t move forward.  HB 541 would have added this section to Montana law:

NEW SECTION. Section 4. Simple possession of marijuana as civil infraction — civil penalty — arrest prohibited. (1) A person commits the civil infraction of simple possession of marijuana if the person possesses not more than 30 grams of marijuana or any of its derivatives.

(2) A person found to be in violation of subsection (1) shall, in addition to any confiscation as provided by Title 44, chapter 12, pay a civil penalty of $50.

(3) A person believed to be in violation of only 45-10-103(2), subsection (1) of this section, or both may be issued a citation by the jurisdiction in which the person is believed to be in violation of subsection (1) but may not be arrested or taken to or booked into a detention facility. Identifying information relating to the person may not be entered into any manual or electronic database or recordkeeping system other than that necessary for the enforcement of this section.

(4) Upon issuance of a citation, the person believed to be in violation of subsection (1) may pay the civil penalty by mail or may elect to contest the citation at a time and place provided in the citation.

Download the NORML Daily Audio Stash for 2009-03-11

Download audio file (NORML_Daily_AudioStash_2009-03-11.mp3)

Hemp Headlines

1. Seattle Police Chief to Be Named Drug Czar Today
2. Decriminalization hearing in Montana
3. Kentucky legislators place Senate drugged driving bill as amendment to House crime bill
4. Minnesota medical marijuana passes 2nd committee vote without dissent

Cannabis Science

• Dr. Mitch Earleywine discusses appearance on CBS Health debate and Dr. Kevin Sabet’s op-ed against legalization

Daily Toker Tunes

• Reggae Wednesday – ‘Nice and Proper’ by Jah Elect

Cannabis Conversation

• John Masterson from Montana NORML on decrim bill hearing

Hey, Stashers, I’m trying out a new format for the Stash blog post.  What do you think?

In Montana, a higher percentage of marijuana possession cases result in arrest than cases of aggravated assault, vehicle theft, and rape. Supporters of House Bill 541 believe that reducing penalties for possession of small amounts of marijuana would allow law enforcement to focus on more violent crimes, and reduce the burden on overcrowded court systems and jails. They believe that criminalizing individuals and forcing them to live with the stigma of arrest and incarceration is damaging, and that the punishment does not fit the crime.

If the bill passes, possession of marijuana in the amount of 30 grams or less would result in seizure and a $100 fine. Opponents warn that this is too risky, and they are concerned that this leniency would alter public perception and send the message that marijuana is not a big deal.

Proponents of HB 541 want to make it clear that they are not advocating marijuana use, but attempting to revise a policy that they believe is harmful, ineffective, and expensive. Opponents caution that passing this bill would send the state on a slippery slope, and urge legislators to keep this in mind.

via Marijuana Law- Does the Punishment Fit the Crime? | News, Sports, Weather for Great Falls, Helena, and all of Montana | Local Top Stories.

Bless the editor who gave the green light to that lede!  I’ve often said that for cops, arresting pot smokers is like shooting fish in a barrel.  We’re cooperative, compliant, honest, non-violent, and unfortunately, usually all too eager to present the officer with an airtight case.  If your job required you to deal with the worst of the worst, violent, predatory, scum of the earth criminals, drunken louts beating their girlfriends, and the sheer boredom of waiting for traffic stops, a nice easy marijuana arrest makes for a better evening.

You can visit the link to see video of hearing on HB 541.  I also particularly liked the comment from Jim Hemmerich, though I don’t think cannabis use is a vice.

Subject: Montana Senate To Decide On Medical Marijuana; House To Debate Decriminalization

We’re contacting you today with good news from the State House.

First, the House Judiciary Committee has scheduled to hear testimony in favor of HB 541 — which would amend state law so that the possession of up to 30 grams of marijuana is reduced from a criminal misdemeanor (punishable by up to six -months in jail) to a $50 fine — on Wednesday, February 18, at 8am in Room 137 of the State Capitol.

Please consider traveling to the Capitol and voicing your support for this common sense proposal. Also, if you have not yet done so, please write your Representative today, and urge him or her to vote ‘yes’ on HB 541. You can do so here.

In other news, on Friday the Senate Public Health, Welfare and Safety Committee votes 5-2 to pass SB 326, an act to provide greater access to medical marijuana for state-authorized patients. The full Senate is expected to vote on the measure later this week!

If passed, this proposal would:

1. Expand the number of qualifying conditions for which marijuana may be legally recommended;
2. Increase the amount of marijuana a patient may legally possess;
3. Prohibit employers and landlords from discriminating against medicinal marijuana patients solely because of their medical status.

Please contact your Senator today and tell him or her to vote ‘yes’ on SB 326. You can do so by clicking here.

These next few days are crucial for the fate of marijuana law reform in Montana. Please write or call your elected officials and voice your support for these efforts.

For additional information, please please contact Montana Patients and Families United at: info@mtmjpatients.org or Montana NORML.

Thank you for supporting NORML’s marijuana reform efforts in Montana.

NEW SECTION. Section 4. Simple possession of marijuana as civil infraction — civil penalty — arrest prohibited. (1) A person commits the civil infraction of simple possession of marijuana if the person possesses not more than 30 grams of marijuana or any of its derivatives.

(2) A person found to be in violation of subsection (1) shall, in addition to any confiscation as provided by Title 44, chapter 12, pay a civil penalty of $50.

A $50 ticket if they catch you with an ounce.  Another $50 fine (see below) if they catch you with paraphernalia.  No arrest, no booking, no criminal offense.  Montana Stashers, get in touch with your representatives and tell them you want their support for this common sense measure that will save Montana millions in law enforcement costs and raise additional funds in fine revenue.

(3) A person believed to be in violation of only 45-10-103(2), subsection (1) of this section, or both may be issued a citation by the jurisdiction in which the person is believed to be in violation of subsection (1) but may not be arrested or taken to or booked into a detention facility. Identifying information relating to the person may not be entered into any manual or electronic database or recordkeeping system other than that necessary for the enforcement of this section.

(4) Upon issuance of a citation, the person believed to be in violation of subsection (1) may pay the civil penalty by mail or may elect to contest the citation at a time and place provided in the citation.

(5) This section does not apply to a qualifying patient or caregiver, as defined in 50-46-102, who complies with the requirements of Title 50, chapter 46.

(6) A violation of subsection (1) is not a criminal offense within the meaning of 3-1-317, 3-1-318, 45-2-101, and 46-18-236. The surcharges provided for in 3-1-317, 3-1-318, and 46-18-236 may not be imposed for a violation of this section.

Section 5. Section 45-10-103, MCA, is amended to read:

45-10-103. Criminal and civil possession of drug paraphernalia. (1) It is unlawful for a person to use or to possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a dangerous drug. A Except as provided in subsection (2), a person who violates this section is guilty of a misdemeanor and upon conviction shall be imprisoned in the county jail for not more than 6 months, fined an amount of not more than $500, or both. A person convicted of a first violation of this section is presumed to be entitled to a deferred imposition of sentence of imprisonment.

(2) A person who violates this section because of the use or possession with intent to use drug paraphernalia in connection with simple possession of marijuana as provided in [section 4] has committed a civil infraction and upon conviction shall be punished by a civil penalty in the same amount as provided in [section 4] for simple possession of marijuana.“