UPDATE Judge’s Ruling on SB-423 Injunction June 30, 2011 PDF UPDATE
Go to the Department of Health and Human Services DPHHS July 1
!!!NEW!! DPHHS NEW Provider/Marijuana Infused Products Provider Form!!NEWS!! UPDATE From the Department of Health and Human Services!!
The judge’s opinion regarding the injunction against SB 423 preserves the right for patients to obtain their cannabis from professional growers rather than having to grow it themselves or find someone who will grow it for them for free.
However, there’s a glitch. A part of the law that goes into effect tomorrow requires that if you are providing medical marijuana to patients YOU MUST BE A REGISTERED PROVIDER WITH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES (DPHHS). At midnight tonight, there is no such thing as a caregiver. Your registration as a “caregiver” means nothing. YOU MUST BECOME A PROVIDER IMMEDIATELY.
So cancel your plans and get in your car and GET YOURSELF LEGAL AND PROTECTED IMMEDIATELY.
To what degree this will work is uncertain, but a show of intention to be legal and in compliance can encourage the fast development of a process to keep the system moving smoothly.
DPHHS, 2401 Colonial Drive, Helena. Ask to register as a provider. Check their website for the form, and if it appears, as the website claims, fill it out and get it in immediately.
Word for word from DPHHS web site:
Montana Medical Marijuana Program
Changes to Medical Marijuana Law
- New Forms Now Available
- Changes to Medical Marijuana Law
- New Medical Marijuana Rules effective June 1, 2011
- Patient Letter
- FAQs – Updated 06/23/2011
- Injunction on Medical Marijuana Advertising Ban
Important Information about the New Medical Marijuana Registry Forms and Application Requirements
New Forms
New forms are now available for the medical marijuana registry (below). The forms include the new requirements for SB423. The last day the department will accept the old forms is June 20, 2011. Any applications received after June 20 must be on the new forms.
Provider and Marijuana Infused Products Provider (MIPP) applications are not available on the website because they will be sent to provider/MIPP applicants. See Provider/MIPP Forms and Application Requirements below for more information about the provider/MIPP application process.
Applications Materials
At the top of each application there is a checklist which tells the applicant the materials that need to be sent with the application. Review the checklist before sending application materials to the department. All applications now require a photocopy of a valid Montana driver’s license or state issued ID, to prove Montana residency.
Fees
New and renewal registry application fees have not changed. They are $25 for a new application and $10 for a renewal application. Provider applications now require a $50 application fee. All fees are for the application processing and will not be refunded if the application is denied or the card is revoked.
Registered Cardholder (Patient) Application Packets
Registered cardholder (patient) applicants require an application form and a physician’s statement. There are two application forms, one for minors and one for all other applicants. There are three physician forms, one for minors, one for applicants who have only a chronic pain diagnosis and one for applicants with a debilitating medical condition other than chronic pain. New conditions have been added to the list of debilitating medical conditions for which physicians can recommend medical marijuana.
Provider/MIPP Forms and Application Requirements
Provider/MIPP applicants must be named by a registered cardholder (patient) applicant, in order to become a provider/MIPP. Provider/MIPP applicants will be sent an application when they are named by a registered cardholder applicant.
Provider/MIPP applicants are not required to submit fingerprints with their application at this time. However, provider/MIPP applicants must submit fingerprints to the department by October 1, 2011. Instructions on how to submit fingerprints to the department and fingerprint cards will be sent to all registered providers/MIPPs when they are available. Providers/MIPPs who do not submit fingerprints to the department by October 1 will be revoked from the registry.
Change Request Forms
There is a new Registered Cardholder (Patient) Change Request Form available. Currently registered cardholders who wish to add a provider, or make changes to their personal information should use this form to notify the department. The new PROVIDER CHANGE REQUEST FORM will be posted by July 1, 2011. Providers can use this form to notify the department of changes to their personal information. Registered cardholders and providers who do not notify the department of address changes within 10 days of the change, may be revoked from the registry.
All forms must be signed and cannot be submitted electronically at this time.
- New Forms Now Available
- !!!NEW!! DPHHS NEW Provider/Marijuana Infused Products Provider Form!!NEWS!! UPDATE From the Department of Health and Human Services!!
Judge Blocks Montana From Banning Sale of MMJ
Reactions Mixed To Ruling on Medical Marijuana Law
Law Enforcement and Providers React To Decision
Judge Blocks Montana From Banning Sale of MMJ
Change Request Form: Caregiver-Provider
More States Consider Stricter Medical Marijuana Laws
http://www.nbcmontana.com/download/2011/0630/28413058.pdf
Sections of SB-423 Effected by Injunction. Enjoined Sections are in bold:
Section 3. Department responsibilities — issuance of cards — confidentiality — reports.
(1) (a) The
department shall establish and maintain a program for the issuance of registry identification cards to Montana
residents who:
(i) have debilitating medical conditions and who submit applications meeting the requirements of
[sections 1 through 23]; and
(ii) are named as providers or marijuana-infused products providers by persons who obtain registry
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identification cards for their debilitating medical conditions.
(b) Persons who obtain registry identification cards are authorized to cultivate, manufacture, possess,
and transport marijuana as allowed by [sections 1 through 23].
(2) The department shall conduct criminal history background checks as required by [sections 4 and 5]
before issuing a registry identification card for a person named as a provider or marijuana-infused products
provider.
(3) Registry identification cards issued pursuant to [sections 1 through 23] must:
(a) be laminated and produced on a material capable of lasting for the duration of the time period for
which the card is valid;
(b) state the name, address, and date of birth of the registered cardholder and of the cardholder’s
provider or marijuana-infused products provider, if any;
(c) state the date of issuance and the expiration date of the registry identification card;
(d) contain a unique identification number;
(e) easily identify whether the card is for a person with a debilitating medical condition, a provider, or a
marijuana-infused products provider; and
(f) contain other information that the department may specify by rule.
(4) (a) The department shall review the information contained in an application or renewal submitted
pursuant to [sections 1 through 23] and shall approve or deny an application or renewal within 30 days of
receiving the application or renewal and all related application materials.
(b) The department shall issue a registry identification card within 5 days of approving an application or
renewal.
(5) Rejection of an application or renewal is considered a final department action, subject to judicial
review.
(6) (a) Registry identification cards expire 1 year after the date of issuance unless:
(i) a physician has provided a written certification stating that a card is valid for a shorter period of time;
or
(ii) a registered cardholder changes providers or marijuana-infused products providers.
(b) A provider’s or marijuana-infused products provider’s registry identification card expires at the time
the department issues a card to a new provider or new marijuana-infused products providers named by a
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registered cardholder.
(7) A registered cardholder shall notify the department of any change in the cardholder’s name, address,
physician, provider, or marijuana-infused products providers or change in the status of the cardholder’s
debilitating medical condition within 10 days of the change. If a change occurs and is not reported to the
department, the registry identification card is void.
(8) The department shall maintain a confidential list of persons to whom the department has issued
registry identification cards. Except as provided in subsection (9), individual names and other identifying
information on the list must be confidential and are not subject to disclosure, except to:
(a) authorized employees of the department as necessary to perform the official duties of the department;
and
(b) authorized employees of state or local government agencies, including law enforcement agencies,
only as necessary to verify that an individual is a lawful possessor of a registry identification card.
(9) The department shall provide the names of providers and marijuana-infused products providers to
the local law enforcement agency having jurisdiction in the area in which the providers or marijuana-infused
products providers are located. The law enforcement agency and its employees are subject to the confidentiality
requirements of [section 17].
Enjoined Portion:
(10) (a) The department shall provide the board of medical examiners with the name of any physician
who provides written certification for 25 or more patients within a 12-month period. The board of medical
examiners shall review the physician’s practices in order to determine whether the practices meet the standard
of care.
(b) The physician whose practices are under review shall pay the costs of the board’s review activities.
(11) The department shall report biannually to the legislature the number of applications for registry
identification cards, the number of registered cardholders approved, the nature of the debilitating medical
conditions of the cardholders, the number of providers and marijuana-infused products providers approved, the
number of registry identification cards revoked, the number of physicians providing written certification for
registered cardholders, and the number of written certifications each physician has provided. The report may not
provide any identifying information of cardholders, physicians, providers, or marijuana-infused products providers.
(12) The board of medical examiners shall report annually to the legislature on:
(a) the number and types of complaints the board has received involving physician practices in providing
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written certification for the use of marijuana, pursuant to 37-3-203; and
(b) the number of physicians whose names were provided to the board by the department as required
under subsection (10). The report must include information on whether a physician whose practices were
reviewed by the board pursuant to subsection (10) met the standard of care when providing written certifications.
Section 5. Provider types — requirements — limitations — activities.
(1) The department shall issue
a registry identification card to or renew a card for the person who is named as a provider or marijuana-infused
products provider in a registered cardholder’s approved application if the person submits to the department:
(a) the person’s name, date of birth, and street address on a form prescribed by the department;
(b) proof that the person is a Montana resident;
(c) fingerprints to facilitate a fingerprint and background check by the department of justice and the
federal bureau of investigation;
(d) a written agreement signed by the registered cardholder that indicates whether the person will act
as the cardholder’s provider or marijuana-infused products provider;
(e) a statement, on a form prescribed by the department, that the person will not divert to any other
person the marijuana that the person cultivates or manufactures for a registered cardholder;
(f) a statement acknowledging that the person will cultivate and manufacture marijuana for the registered
cardholder at only one location as provided in subsection (7). The location must be identified by street address.
(g) a fee as determined by the department to cover the costs of the fingerprint and background check
and associated administrative costs of processing the registration.
(2) The department may not register a person under this section if the person:
(a) has a felony conviction or a conviction for a drug offense;
(b) is in the custody of or under the supervision of the department of corrections or a youth court;
(c) has been convicted of a violation under [section 16];
(d) has failed to:
(i) pay any taxes, interest, penalties, or judgments due to a government agency;
(ii) stay out of default on a government-issued student loan;
(iii) pay child support; or
(iv) remedy an outstanding delinquency for child support or for taxes or judgments owed to a government
agency; or
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(e) is a registered cardholder who has designated a provider or marijuana-infused products provider in
the person’s application for a card issued under [section 4].
Enjoined Section:
(3) (a) (i) A provider or marijuana-infused products provider may assist a maximum of three registered
cardholders.
(ii) A person who is registered as both a provider and a marijuana-infused products provider may assist
no more than three registered cardholders.
(b) If the provider or marijuana-infused products provider is a registered cardholder, the provider or
marijuana-infused products provider may assist a maximum of two registered cardholders other than the provider
or marijuana-infused products provider.
(4) A provider or marijuana-infused products provider may accept reimbursement from a cardholder only
for the provider’s application or renewal fee for a registry identification card issued under this section.
(5) Marijuana for use pursuant to [sections 1 through 23] must be cultivated and manufactured in
Montana.
Enjoined:
(6) A provider or marijuana-infused products provider may not:
(a) accept anything of value, including monetary remuneration, for any services or products provided to
a registered cardholder;
(b) buy or sell mature marijuana plants, seedlings, cuttings, clones, usable marijuana, or
marijuana-infused products; or
(c) use marijuana unless the person is also a registered cardholder.
(7) (a) A person registered under this section may cultivate and manufacture marijuana for use by a
registered cardholder only at one of the following locations:
(i) a property that is owned by the provider or marijuana-infused products provider;
(ii) with written permission of the landlord, a property that is rented or leased by the provider or
marijuana-infused products provider; or
(iii) a property owned, leased, or rented by the registered cardholder pursuant to the provisions of [section 4].
(b) No portion of the property used for cultivation and manufacture of marijuana may be shared with or rented or leased to another provider or marijuana-infused products provider or another registered cardholder.
Section 14. Inspection procedures.
Enjoined:
(1) The department and state or local law enforcement agencies
may conduct unannounced inspections of registered premises.
(2) (a) Each provider and marijuana-infused products provider shall keep a complete set of records
necessary to show all transactions with registered cardholders. The records must be open for inspection by the
department and state or local law enforcement agencies during normal business hours.
(b) The department may require a provider or marijuana-infused products provider to furnish information
that the department considers necessary for the proper administration of [sections 1 through 23].
(3) (a) A registered premises, including any places of storage, where marijuana is cultivated,
manufactured, or stored is subject to entry by the department or state or local law enforcement agencies for the
purpose of inspection or investigation during normal business hours.
(b) If any part of the registered premises consists of a locked area, the provider or marijuana-infused
products provider shall make the area available for inspection without delay upon request of the department or
state or local law enforcement officials.
(4) A provider or marijuana-infused products provider shall maintain records showing the names and registry identification numbers of registered cardholders to whom mature plants, seedlings, usable marijuana, or marijuana-infused products were transferred and the quantities transferred to each cardholder.
Enjoined:
Section 20. Advertising prohibited. Persons with valid registry identification cards may not advertise
marijuana or marijuana-related products in any medium, including electronic media.
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