UPDATE!! UPDATE Judge’s Ruling on SB-423 Injunction June 30, 2011 PDF UPDATE
We Have IT!! The Repeal / STOP SB 423 Medical Marijuana / Cannabis Reform Petition!! START Gathering Signature!!
Repeal of Montana’s Medical Marijuana / Cannabis Act SB 423 Injunction Hearing Final Day June 23rd, Helena Courtroom
LIVE Tweet FEED from the FRONT: Now Newest at top, DUHHH, way easier!!!
Court dismissed.
12:10PM
Molloy – against compensation. Families will provide
12:05PM
Says thers no big brother here gonna run wild
12:01PM
molloy says law enforce won’t interfere w good people
12PM
(That legislature needed intervention – batcrap crazy)
11:59AM
Molloy say granting injunction could b 2 much intervention w legislature
11:58AM
Not, he says, what initiative intended
11:57AM
Molloy – but this illegal & mt cgs marketed it 4 illegal consumption
11:57AM
Judge says profit drives everything
11:56AM
Refers 2 legal activity w which folks denied constitutional rites. Molloy says but fed illegal. Says profit motive has driven this.
11:55AM
Judge says once state steps in must b fair. Talks about rite 2 compensation 4 legal service. Not eve reimbursement allowed w sb 423
11:54AM
Molloy asks is ther a fundamental rite 2 certain meds? Tells of case wher answer is no. Example – no rite 2 experimental drugs/treatments
11:51AM
molloy says goetz acknowledged ther would b a challenge 2 repeal if it passed
11:48AM
3rd, the 25 patient trigger 4 physician investigations
11:46AM
Meaning unannounced inspection of peeps homes
11:45AM
But molloy says 3 provision can b enjoined w out 2 much trouble. One being advertising. Two being inspection provision
11:44AM
Molloy speaks 2 severability – says their job is 2 defend acts of legislature
11:40AM
Refers 2 moral or mythic reasons 4 treading on rites not good enuf
11:39AM
423 tread on fundamental rites says goetz
11:38AM
Goetz says rite 2 pursue health in mt constitution. Says sb 423 is a hammer going after a fly
11:37AM
Goetz says not about economic liberties but civil liberties.
11:35AM
Judge says legislature has rite 2 impose restrictions. Goetz agree
11:34AM
Judge says, state does intrude like takin away game farms, or no smoking in businesses
11:32AM
Goetz says but legislature deny rite 2 medication that works? Must show compelling state interest 2 deny or put undue restrictions o
11:31AM
Judge says legislature has right 2 change law (tho not constitution)
11:30AM
goetz says don’t need blanket exclusion of probationers. Can do case by case
11:28AM
goetz calls sb 423 a piece of sausage that didn’t turn out so tasty
11:27AM
Goetz says case @ core is about access
11:24AM
Yet don’t mind some provisions like telemedine ban or rules 4 minors, says goetz
11:23AM
Goetz hopes not 4 band-aid approach.
11:21AM
Judge says he may agree w some arguments or does goetz expect full out injunction. Goetz says unconst provisons r many
11:20AM
Judge asking how critical 4 answer by end of month. Goetz says critical, imperative
11:19AM
The state rests. End of witnesses
11:18AM
Sue steps down. No cross exam don’t think molloy got what he wanted out of that witness
11:16AM
Molloy asks sue 2 compare mt mmj law 2 other states. Dev objects. Judge sustains. Aboout mt constitution, not other states
11:15AM
Sue said if patient 2day, u would hav access 2 plants 2 buy from current cg b4 sb 423 goes inw effect
11:14AM
Judge asking molloy relevance of what sue thinks law means but allows line of questioning
11:13AM
Molloy asks sue 2 compare mt mmj law 2 other states. Dev objects. Judge sustains. Aboout mt constitution, not other states
11:12AM
Sue said if patient 2day, u would hav access 2 plants 2 buy from current cg b4 sb423 goes inw effect
11:10AM
Judge asking molloy relevance of what sue thinks law means but allows line of questionin
11:08AM
Molloy says transition 4 patients addressed in sb423. Sue says yes
11:06AM
Molloy flipping through notes
11:04AM
Sue describes provision. Basically sounding like hamp could grow 4 wife
11:02AM
Sue says provision tried 2 keep coop grows fr existing – peeps growing 2gether in 1 premise
11:01AM
Molloy asks about hamp who testified couldn’t grow 4 wife. Refers sue 2 kinship provision.
10:59AM
Judges decision seems 2 hav thrown off molloys game a little
10:57AM
Judge says can discuss ambiguous provisions only.
10:54AM
Here we go
Review: goetz & devlin= mtcia attorneys. Molloy & seacrest = lawyers 4 the state
8:32AM
Right now judge & lawyers talking about submitted documents & affidavits
8:40AM
Mark long, narc buruea chief in mt, returns 2 the stand. Refers 2 ”mmj crime” says mmj makes ptotecting public hard
8:49AM
Devlin begins cross x. Long says don’t recall if supported mmj iniative but probly not. Says been told mmj helps some peeps
8:50AM
Long says self & organization supported repeal
8:51AM
Long admits nvr grew med grade mm
8:52AM
Dev asks long, pose as patient ? Long, yes. Long went 2 carival clinic. Did not turn in doc 2 brd of med exam
8:53AM
Long says no expertise onrisks or benefits of mmj
8:54AM
Dev asks harmful effects if mmj legal? Long says kids gettin, drivin high, mold ingardens. Dev – any proof of mmj causing car accdents?
8:56AM
Long no, but not keeping records like we do 4 alcohol
8:57AM
Dev asks, main hazard of mmj that it illegal? Long doesn’t agree.
8:59AM
Dev asks questions comparing mmj 2 prescription drugs & alcohol. Molloy objects as irrelevent. Dev says it speaks 2 compelling state interest
9:02AM
Molloy says case not about mmj b legal. Judge says will allow questions
9:03AM
Long dodges questions on prescription drugs. Can’t speak 4 dept, (yet can 4 mmj)
9:04AM
Molloy objects again. This time sustained. Other drugs not relevant says judge
9:06AM
Dev pts out mmj makes finding grows easier. Long says yes but thers still illegal ones
9:07AM
Dev asks, u mentioned many offenses related 2 mmj. U prosecute these offenses? Yes. Dev – so u hav the tools
9:08AM
Molloy seems 2 sometimes signal long. Head shake kind of thing.
9:10AM
Long says not his job 2 interpret law but enforce
9:11AM
Long claims nvr said crime increased w mmj. Says only mmj crimes increased w mmj initiative
9:12AM
Of course this makes no sense. Ther was no mmj b4 initiative : also we all saw recent newstory when he said crime increase all over mt
9:13AM
Devlin reciting crime stats. Crime down. Mr. Long says yes, because we decriminalized some mmj offenses
9:15AM
Devlin – crime down since mmj laws in effect. Long – yes.
9:17AM
Molloy objects – says talkin crime stats is eatin valuable time & irrelevant
9:19AM
Judge sustains on grounds questions not relevant 2 this witness
9:20AM
Dev – mmj will b turned over 2 cops under sb 423? Long – hope so
9:22AM
Long – don’t know what med grade mmj is. Don’t know if it exists
9:24AM
Dev pts out that w sb 423 new patient must wait 3 – 6 mos 4 mmj
9:25AM
Long says can get it fr provider. Dev says how? Can’t hav it 2 provide til hav patients.
9:35AM
A little tense in here
9:36AM
Dev pts out that under sb423 patient can’t hav clones or seeds. Long agrees. Dev – so wher does plant come from?
9:40AM
Dev asking how 2 get mmj if no seeds or clones allowed?
9:41AM
Long – its legal to get a plant fr a provider 4 free. Dev – how can provider get it?
9:42AM
Dev askin under sb423 entire premises avail 4 inspect if growing mmj. Long, yes. (W sb 423, this means peeps homes largely). No warrent requir
9:46AM
Long says during session was representing narc officers ass not dept of justice
9:47AM
Molloy questioning long. Asks why not prosecute doc @ carnival clinic? Long says no criminal offense. Now describing carn clinic
9:48AM
Long says nvr more than a min w docs @ several clinics
9:51AM
Long says busting peeps 4 mj harder w mmj laws
9:52AM
Long steps down. Shakes molloys hand as he leaves stand. Sue oconnell gets sworn in
9:53AM
Sue worked ass off during session. Had 2 write all those mmj bills & amendments during session. Good & bad bills.
9:56AM
Molloy questioning sue about job duties
9:59AM
Sayin all records fr hearing & committees avail 2 public
10AM
Molloy gives sue binder of record fr 09 interim committee that dealt w mmj
10:03AM
Dev objecting. Sayin legislative process not relevant
10:04AM
Objecting 2 submission of documents, that is
10:05AM
Molloy wants demonstrate sb 423 result of thorough, rational process
10:06AM
The legislature a rational process – now that’s funny
10:07AM
Molloy says ters a rational relationship tween what leg considered & sb 423. Judge allows 4 documents 2 b submitted.
10:09AM
Smaller group 2day. 12 spectators. 7 press. 3 cameras
10:10AM
& we r back. Molloy questioning legislative staff member sue oconnell
10:31AM
Sue tells how interim committee took on mmj issue after seemed something needed 2 b done, mostly in response 2 traveling clinics
10:32AM
Sue tells bills that came out of comittee, incl hb 68 which was a regulatory bill that incl storefronts
10:33AM
Molloy asks sue what were legislators concerns. Devlin objects . Concerns r heresay, he says. Molloy w draws question
10:35AM
Molloy puts sb 423 in front of sue. Devlin objects. Says her interpretation of bill not what matters
10:37AM
Molloy says sue knows the intention of bill. Is relevant, he says. Dev says its improper 2 walk thru statute. Is irrelevant
10:38AM
Judge agrees. Sue s opinion about legislative intent just that. Molloy arguing the pt
10:39AM
Molloy says it speaks 2 whether tbers governmental interest thus can step in
10:40AM
Devlin says statute speaks 4 self. Would accept questions about ambiguous provisions but not clear ones
10:41AM
2 funny 2 try 2 argue that legislature was rational process & sb 423 the product of rational process.
10:43AM
callin that a rational process should discredit anybody
10:45AM
Judge sayin a lot of irrelevant info has been presented. Only about does statute violate mt constitution.
10:46AM
News Links:
Medical Marijuana Preliminary Injunction Will Continue
Day 2: Montana Cannabis Industry vs. State of Montana
Medical Marijuana Regulation Controversy Plays out in Helena Courtroom: Group Asking Judge to Block New Law
Excess Medical Marijuana Could Be Headed For Black Market
Don’t Undermine the Medical Marijuana Industry
UPDATE Repeal SB423 Medical Cannabis / Marijuana Reform Petition UPDATE June 20th UPDATE
LIVE TWEETS from the FRONT: @Katecac follow on Twitter! To get UP-TO-THE-MINUTE UPDATES: Twitter.com : Follow @Katecac
UPDATE from the MTCIA June, 23rd 7:30 AM
Wednesday, June 23rd, 2011 From a Helena, Montana Courtroom: Final Day
The feeling in the air is that the severability issue will come into play with this court decision. Some provisions of SB 423 will be allowed to go into effect, some won’t. But it’s just a feeling in the air.
This morning, Mark Long, Narcotics Bureau Chief, will return to the stand. The state will continue its questioning of the witness and then MTCIA attorneys will cross-examine. Then, the state will call Sue O’Connell. Ms. O’Connell works for legislative services. During the 2011 session, everybody talked to Sue. She was the bill drafter for medical marijuana legislation. She’s been the one answering questions since the interim committee last summer. How will she serve the state’s case? Not sure.
Continue to follow @Katecac on http://Twitter.com for Tweets from the FRONT!!
Tuesday, June 21th, 2011 From a Helena, Montana Courtroom: Defense
Quick overview of Tuesday‘s courtroom volley… The plaintiffs sat their witnesses, today we get to hear from the defense! Kate Cholewa will be Tweeting again, LIVE!! Follow on Twitter!
Dr. Stowers continued testimony today with the MTCIA lawyer Mr. Devlin asking questions. Dr. Stowers continued in some of the same vein as Dr.Geci. The cross examining was Mr. Molloy for the defense. Mr. Molloy continued the questioning along the lines that patient DO have a primary physician, Dr. Stowers concedes, yes, but most primary physicians do not write medical cannabis recommendations. When asked if the doctor thinks if chronic pain is a condition medical marijuana is recommended too often for, his reply was emphatically NO!!!!
The next witness to the stand was Roy Kemp. Roy administers the medical cannabis program at the Department of Health and Human Services (DPHHS). Mr. Goetz asked Mr. Kemp if he sees unintended but unambigouos consequences of SB423. Roy agreed, and went further and said the provisions are without logical reason. Mr. Goetz then asks if a same sex partner was excluded from providing cannabis to their loved one. Unfortunately Mr.Kemp HAD to respond, yes.
Monday, June 20th, 2011 From a Helena, Montana Courtroom: Prosecution
Lester Grinspoon took the stand in a courtroom in Helena, Montana via Skype in defense of medical cannabis!! Cross examination started at ~11am. Keep here for the fastest blog in Montana!!
Molloy, the defense for the state, is trying to push the point of medical marijuana‘s illegality on the federal level. This is a shady move to say least!!!
MTCIA‘s lawyer, Mr. Goetz, began again after the lunch recess to put witnesses on the stand. This first day of testimony, June 20, is for the plaintiffs, in this case MTCIA and clients. Tomorrow, June 21, we will hear from the defense, the state! Keep UPDATED here at MontanaBiotech’s blog!
The first witness on the stand for MTCIA was, Wendy Gwimmer Oncology, social worker for four years, and a counselor since 1996. She spoke about sick patients having a tough time growing cannabis for themselves, DUH! The next witness to the stand for the plaintiffs was Mr. Hatfield. A patient, Mr. Hatfield, confessed a lack of ability with concern to horticulture and concedes SB 423 would leave him without access to his needed cannabis!
Mr. Goetz then called 79 year old, Mr. Hamp. Mr. Hamp currently caregivers for his wife who is suffering complications from her cancer diagnosis. He states that he currently acquires cannabis for his wife through commercial grow operations.
Mr. Molloy, a lawyer for the defense, tried to attest that his, Mr. Hamp‘s, family will provide for them. Mr.Hamp put forth that he in noway wants to put his family or friends in harms way by signing them up to be his wife’s caregiver.
Dr. Geci was next called to the stand. He is asked, is cannabis recognized as medicine, he responded in the affirmative. Why is it that no one under oath mentions the patent the Gov. has on cannabinoids as antioxidants and neuroprotestants, I think that proves a medicinal efficacy of ALL cannabinoids!! Dr. Geci explained the endocannabinoid system and the effect of CBD, a non-psychoactive cannabinoid that contains plenty of therapeutic qualities on its own.
On cross examination Mr. Seacreast peppers Dr. Geci with incendiary, leading questions, has he been denied a license or had a license revoked in another state and how many patients has he personally sighed up for the current system. To these, Dr. Gecic answers a short no to the first series, and 800-1000 to the latter.
The last plaintiff of the day was Dr. John Stowers. He further characterized the clinic process for the court.
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