May 14, 2011: News UPDATE for SB423 Rallies, Protests, Advertising and SB423 becoming LAW!!!
We’ve just been informed that a judge signed our attorney’s request for a temporary restraining order.
We have succeeded in delaying implementation and enforcement of Section 20 of SB 423, which completely prohibited all forms of advertising of marijuana and marijuana-related products and was scheduled to go into effect at midnight tonight.
A followup hearing is scheduled later this month.
In the interest of our members, MTCIA attorney James Goetz has delivered a letter to the Montana Department of Justice (DOJ) requesting an agreement that the state of Montana refrain from enforcing the advertising ban in SB 423 until the implementation date of other provisions of the bill, June 30. Goetz has requested a response from the DOJ by noon tomorrow, Thursday, May 12. If the state does not agree to refrain from enforcing the ban on advertising, Goetz immediately will file a temporary restraining order to block implementation of this provision of the bill.
This is your donation at work. Check back for updates.
I had sent this email to some of you recently, “…To whom it may concern,
I, Joseph Lacerenza, sole owner of Montana Biotech, do here by sell my company, Montana Biotech, to Steven Graham for the total sum of $1.00, paid in full May 1, 2011. The change in ownership is active immediately….”
I want to explain this move at Montana Biotech to get in front of any rumors that may spring up from this type of drastic move! We all know SOMETHING is coming with regards to medical marijuana in Montana and SB423 if Governor Schweitzer does not VETO. We can look forward with fear or see a vision for tomorrow!
Well, in Section 20 in the “Revised” Medical Marijuana Act of Montana: SB 423
“…Section 20. Advertising prohibited. Persons with valid registry identification cards may not advertise marijuana or marijuana-related products in any medium, including electronic media…”
I am no lawyer but, I do know an L.L.C. is not a “person”! I do know a Corporation is not a “person”, unless you are contributing UNLIMITED sums to a campaign. The only business type, for tax purposes for instance, that IS a “PERSON” is a sole proprietorship!!
I was advised to go L.L.C., Incorporate, go non-profit, or to SELL! I did just that, I am in negotiations with my BROTHER to buy Montana Biotech. This is not a hostile take over, this is SERVIVAL!!
Not ALL of us have a brother like Steven, but there are options still open to you!! Me blogging about YOU, Twitting about YOU are not advertising!!! Oh, on a side note, if a patient/caregiver wants to gift, donate, or other wise contribute to YOUR research project, there is NO stopping that. SEEDS are excluded from sales!!! And, seeds are not considered useable material!
Medical Marijuana Act of Montana: SB 423
Section 5. Provider types — requirements — limitations — activities.
“…(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
(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….”
Keep you heads up, and READ the LAW!!! Know how it will effect YOU!!!
This is HB 423 as it will be enacted if SOMETHING does not happen , and SOON!
SB0423 on Desk of Governor Schweitzer