SB 423 UPDATE! 5-1-2011 Montana NORML Repeal in Disguise

Update!!! UPDATE Judge’s Ruling on SB-423 Injunction June 30, 2011 PDF UPDATE

UPDATE: May 29, 2011: Fundraiser to STOP Senate Bill 423, Repeal in disguise, for becoming Law!! Wanzenried to show support at the June 18th, 2011 2-3PM Fundraiser, Silver Bow Cannabis Coalition.

UPDATE: MAY 28, 2011: STOP SB 423 Petition Drive, Signature Collection UPDATE:

He didn't get away by Cassidy Wood 406-396-5451

UPDATE: STOP SB423 Repeal in Disguise Petition / Voter Referendum Signature Collection Drive May 28, 2011 UPDATE!

UPDATE: May 25, 2011

John Masterson (Montana NORML)


The latest news about the lawsuit to try and stop SB 423 is here:

The latest on the referendum petition is here:

We’re going a mile a minute getting things done.

Here’s some media-generated news of the day:

Medical marijuana association files petition for new judge

Montana changes course on medical pot requirements

Marijuana reform law causing confusion

Please, Mr. President, Call Off the Dogs

call-off-the-dogs-an-openSB 423 Will Not Take The Money Out Of The Industry*** And an event in Bozeman on June 3rdI hope you can attend: ***MTCIA fundraiser and industry mixer

Donate today to HELP Montana Cannabis Industry Association (MTCIA) keep up the LEGAL FIGHT!


John Masterson
Montana NORML – Working to reform marijuana laws in Montana since 1998.
Get Legislative Action Alerts: http://montanadrugpolicy.org_______________________________________________
Montana NORML could not exist without your support. Join us today:

John Masterson (MTCIA)

A quick update:

In the last 24 hours,

  • Our attorneys requested and received a change of judge. Judge Reynolds will now decide the case.
  • The advertising ban restraining order hearing was combined with the main complaint. So, it is in effect at least until the hearing.
  • The schedule was settled; the hearing will last two days, June 20th and 21st.

Funds are needed to continue the legal fight. Please donate today by clicking the donate button on our website, or sending a check to:

Montana Cannabis Industry Association
PO Box 9085

Missoula, MT 59807


For more information on the other side of the strategy, the referendum petition, please visit:


May 14, 2011: News UPDATE for SB423 Rallies, Protests, Advertising and SB423 becoming LAW!!!

UPDATE from:

What we are doing…

Our Defense is not a secret, and our legislature has been educated on what we are able to do to combat this REPEAL in DISGUISE…they are counting on the divisions within our community, because they know that if we would work together, we could defeat them.

We have a four stage missile that we have launched, and every person in this country can help at each stage. The efforts include:

  • Attempting to get the Governor to VETO SB423 & trying to convince those legislators who don’t want medical marijuana, to change their minds.

  • Court action against the State of Montana, including an injunction that halts SB423, keeping the existing laws in place.

  • Petitions and signature drives, all over Montana, that will effectively IMMEDIATELY repeal the SB423 once it does become law.

  • Writing our own initiative that will provide Montanans with the available access to the medicine we need.

UPDATE May 11, 2011: Events Around Montana to FIGHT SB432!

Rәvolution… Wed, May 11th, 4pm

Missoula MMGA Meeting… Wed, May 11th, 6:30pm

Free Event Filled with Information about SB423…  Fri, May 13th, 4pm

Montana Medical Marijuana Backers… Fri, May 13th, 4:20pm

UPDATE May 10, 2011: Montana NORML

Another short update after a long day:

We — all of you — came through for the MTCIA’s initial fundraising
goal, $50,000 to hire superstar attorney James Goetz. In 4 days!

This was phase one, a test to show that we could come together, unify
behind a common goal, and get something big done. We did it!

More here:

MTCIA ( will need your ongoing donations to complete
the lawsuit, assist the signature gathering campaign, and more. Stay tuned.

By the way, MTCIA has a new mailing address:

Montana Cannabis Industry Association
PO Box 9085
Missoula, MT 59807

Thanks to all who came out to the Global Marijuana March in Missoula
over the weekend. Video of the kickoff here:


From various folks out in the world:

Wednesday, May 11, in Helena:
“May 11 from 4pm to 7pm we are going to protest (peacefully) on the lawn
and ask the govenor to veto SB423 this is our last chance before it goes
into law !”

Friday, May 13th, Bozeman:
“Prescription drug companies are threatened by the medical marijuana
industry so are funding some of our politicians to essentially bribe
them into rejecting medical marijuana laws, all in an effort to keep
their excessive profits.”

Friday, May 13th, Missoula:
Come out for this FREE event filled with information with regards to
SB-423 – Legal Action – Referendum. First hour is set aside for
networking with each other (NOW is the time to get to know & work with
each other). Guest Speakers to include Senator Dave Wanzenried &
introduction of the MCIA (Montana Cannabis Industry Assn.) board.
For vendor spot information, contact Ed Docter or visit asap!

Thanks for all each of you do to help.

John Masterson
Montana NORML – Working to reform marijuana laws in Montana since 1998.
Get Legislative Action Alerts:

Montana NORML could not exist without your support. Join us today:

Hello Friends and Fellow Medical Marijuana Supporters!

We are holding a public assembly this Friday, the 13th, to draw attention to the 300 people who die annually in Montana from prescription drug overdoses, most of them children.

Prescription drug companies are threatened by the medical marijuana industry so are funding some of our politicians to essentially bribe them into rejecting medical marijuana laws, all in an effort to keep their excessive profits.

We are asking everyone to please come to the assembly and bring as many friends as you can. If you are able to, we would like people to bring coffins to provide a visual for the people dying from these dangerous drugs. Most deaths related to prescription drugs are kids 18 and under so a variety of sizes will really show that. Coffins can be made out of any materials that you have. Here is a website for simple coffin building:

If you cannot attend, please donate whatever you can. We will have horse drawn carriages to pull the coffins and will need any donations to help fund those.

We will start in the KO’s parking lot (map direction link below) at 10 am and continue down Main Street in a progression of people, horse- drawn carriages and coffins. We will then assemble in the lawn of the Courthouse, with the coffins, and will have informative speakers. This will be a peaceful and quiet protest.

Please join us!

We would really appreciate a R.S.V.P. so that we can prepare for the turnout.

Hope to see you all there!

Also, we encourage all of you to check out this website: Please make any donation that you can to support the fight against SB 423. Get Involved!!

KO’s Directions:

Donate to Cannabis Research at Montana Biotech

April 30th, 2011 by John Masterson Leave a reply »

Yesterday, Governor Schweitzer said he’d allow SB 423 to become law without his signature. He may still veto any time in the next ten days, and we should continue encouraging him to do so, but in case he does allow it to become law, here’s what we have to look forward to:


  • Your existing card is still valid until it expires; you’ll renew under the new rules.
  • The same medical conditions will continue to qualify you, but if your diagnosis is “severe chronic pain”, the new law is much more strict. The pain must be persistent and of severe intensity, and objectively proven by an X-ray or MRI, or a second physician must confirm the diagnosis after a physical exam.
  • You must be a Montana resident.
  • Once you have your card, if you do not choose a provider, you’ll be able to possess 12 seedlings, 4 mature flowering plants, and 1 ounce of usable marijuana. By choosing a provider, you give up your right to grow for yourself.
  • Failure to notify the state of a change of address within 10 days voids your card.
  • You must carry your medical marijuana card with you at all times.
  • Parents wishing to register their minor children need a second doctor’s recommendation, must submit fingerprints for an FBI background check, and agree that the minor will never smoke marijuana, only use infused products.
  • People under department of corrections supervision are not eligible.
  • Gardens may not be combined and shared, unless you are relatives by blood or marriage.
  • Drivers may be compelled via search warrant to provide a blood sample.  5ng/ml is cause for a DUI charge.
  • If your drivers license is revoked for DUI, your medical marijuana card must be surrendered.


  • A new “provider” registration process is supposed to be available by June 1st, 2011. Anyone who wishes to grow marijuana for someone else will be subject to a fingerprint background check by the FBI, as well as a financial background check (unpaid taxes, student loans, child support).
  • If you do not get one of the new cards in June, you must bring in all your plants and product to local law enforcement for destruction before July 1st.
  • You may choose to register as a “marijuana-infused products manufacturer” instead of, or in addition to, registering as a “provider” (grower).
  • If approved, providers will be allowed to grow 4 mature plants and 12 seedlings each for up to 3 patients.
  • Nobody can sell anything to anyone. No money, nothing of value may be exchanged for marijuana, except that the patient may reimburse the provider for the state application fee.
  • Infused product manufacturers must use separate cookware from that which they prepare “normal” food, and are subject to local health department food preparation rules.
  • You must carry your provider card with you at all times.
  • Law enforcement will be automatically notified of the location of your garden. You may have only one. Law enforcement can conduct unannounced inspections during business hours.
  • Gardens cannot be combined or shared.
  • Must keep a complete set of records showing all transactions with cardholders (by name and ID number), open for inspection by law enforcement at any time during business hours.
  • Advertising of any kind is prohibited, including via electronic media (websites, email). This provision is effective upon passage — mid-May.


  • Must describe in writing the medical condition, why it is debilitating, and the extent to which it is debilitating.
  • Must confirm that they have assumed primary responsibility for caring for the patient.
  • Must describe the range of other medications and treatments used to treat the condition.
  • Must confirm that they have reviewed all other medications and supplements and considered their possible interaction with marijuana.
  • Must confirm they have explained the potential risks of marijuana.
  • May not affiliate in any way with providers or infused products manufacturers.
  • May not examine patients where marijuana is being grown.
  • May not offer a discount or incentive to a patient for choosing a particular provider.
  • Will be reported to the Board of Medical Examiners if they recommend for more than 25 patients in a year. This will trigger a formal review of the physician’s practices, for which the physician will be responsible for the costs.
  • Telemedicine recommendations will constitute “unprofessional conduct” under 37-1-316.

Finally, there will be a “hotline” for people to report suspected abuses of the medical marijuana law by anyone, and local governments may ban providers and infused products manufacturers from operating within their boundaries.

If the governor doesn’t veto SB 423, that’s what we have to look forward to.

Don’t Like It?

Contact the governor before May 10th and urge him to veto SB 423:

  1. Click here:
  2. Click here:
  3. Call: (406) 444-3111 and urge the governor to veto SB 423 and regulate medical marijuana via administrative rules.

As always, if you want to be listened to and be effective, be professional in your correspondence.

Various teams of activists are also speaking with lawyers about the possibility of suing to stop the law from going into effect, and there will likely be a signature-gathering effort in a few weeks to try to stop this bill from becoming law. If you want to help, please contact us, and let us know where you live.

Here is the link to the Bill SB 423 as it sits on Schweitzer’s desk

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s