Repeal of Montana’s Medical Marijuana (MMJ) / Cannabis Act SB 423 Injunction Hearing Final Day June 23rd, Helena Courtroom

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!!!

@katecac kate cholewa
Court dismissed.
Molloy – against compensation. Families will provide
Says thers no big brother here gonna run wild
molloy says law enforce won’t interfere w good people
(That legislature needed intervention – batcrap crazy)
Molloy say granting injunction could b 2 much intervention w legislature
Not, he says, what initiative intended
Molloy – but this illegal & mt cgs marketed it 4 illegal consumption
Judge says profit drives everything
Refers 2 legal activity w which folks denied constitutional rites. Molloy says but fed illegal. Says profit motive has driven this.
Judge says once state steps in must b fair. Talks about rite 2 compensation 4 legal service. Not eve reimbursement allowed w sb 423
Molloy asks is ther a fundamental rite 2 certain meds? Tells of case wher answer is no. Example – no rite 2 experimental drugs/treatments
molloy says goetz acknowledged ther would b a challenge 2 repeal if it passed
3rd, the 25 patient trigger 4 physician investigations
Meaning unannounced inspection of peeps homes
But molloy says 3 provision can b enjoined w out 2 much trouble. One being advertising. Two being inspection provision
Molloy speaks 2 severability – says their job is 2 defend acts of legislature
Refers 2 moral or mythic reasons 4 treading on rites not good enuf
423 tread on fundamental rites says goetz
Goetz says rite 2 pursue health in mt constitution. Says sb 423 is a hammer going after a fly
Goetz says not about economic liberties but civil liberties.
Judge says legislature has rite 2 impose restrictions. Goetz agree
Judge says, state does intrude like takin away game farms, or no smoking in businesses
Goetz says but legislature deny rite 2 medication that works? Must show compelling state interest 2 deny or put undue restrictions o
Judge says legislature has right 2 change law (tho not constitution)
goetz says don’t need blanket exclusion of probationers. Can do case by case
goetz calls sb 423 a piece of sausage that didn’t turn out so tasty
Goetz says case @ core is about access
Yet don’t mind some provisions like telemedine ban or rules 4 minors, says goetz
Goetz hopes not 4 band-aid approach.
Judge says he may agree w some arguments or does goetz expect full out injunction. Goetz says unconst provisons r many
Judge asking how critical 4 answer by end of month. Goetz says critical, imperative
The state rests. End of witnesses
Sue steps down. No cross exam don’t think molloy got what he wanted out of that witness
Molloy asks sue 2 compare mt mmj law 2 other states. Dev objects. Judge sustains. Aboout mt constitution, not other states
Sue said if patient 2day, u would hav access 2 plants 2 buy from current cg b4 sb 423 goes inw effect
Judge asking molloy relevance of what sue thinks law means but allows line of questioning
Molloy asks sue 2 compare mt mmj law 2 other states. Dev objects. Judge sustains. Aboout mt constitution, not other states
Sue said if patient 2day, u would hav access 2 plants 2 buy from current cg b4 sb423 goes inw effect
Judge asking molloy relevance of what sue thinks law means but allows line of questionin
@katecac kate cholewa
Molloy says transition 4 patients addressed in sb423. Sue says yes
@katecac kate cholewa
Molloy flipping through notes
@katecac kate cholewa
Sue describes provision. Basically sounding like hamp could grow 4 wife
@katecac kate cholewa
Sue says provision tried 2 keep coop grows fr existing – peeps growing 2gether in 1 premise
@katecac kate cholewa
Molloy asks about hamp who testified couldn’t grow 4 wife. Refers sue 2 kinship provision.
@katecac kate cholewa
Judges decision seems 2 hav thrown off molloys game a little
@katecac kate cholewa
Judge says can discuss ambiguous provisions only.
katecackate cholewa
Here we go
katecackate cholewa
Review: goetz & devlin= mtcia attorneys. Molloy & seacrest = lawyers 4 the state
katecackate cholewa
Right now judge & lawyers talking about submitted documents & affidavits
@katecac kate cholewa
Mark long, narc buruea chief in mt, returns 2 the stand. Refers 2 ”mmj crime” says mmj makes ptotecting public hard
@katecac kate cholewa
Devlin begins cross x. Long says don’t recall if supported mmj iniative but probly not. Says been told mmj helps some peeps
@katecac kate cholewa
Long says self & organization supported repeal
@katecac kate cholewa
Long admits nvr grew med grade mm
@katecac kate cholewa
Dev asks long, pose as patient ? Long, yes. Long went 2 carival clinic. Did not turn in doc 2 brd of med exam
@katecac kate cholewa
Long says no expertise onrisks or benefits of mmj
@katecac kate cholewa
Dev asks harmful effects if mmj legal? Long says kids gettin, drivin high, mold ingardens. Dev – any proof of mmj causing car accdents?
@katecac kate cholewa
Long no, but not keeping records like we do 4 alcohol
@katecac kate cholewa
Dev asks, main hazard of mmj that it illegal? Long doesn’t agree.
@katecac kate cholewa
Dev asks questions comparing mmj 2 prescription drugs & alcohol. Molloy objects as irrelevent. Dev says it speaks 2 compelling state interest
@katecac kate cholewa
Molloy says case not about mmj b legal. Judge says will allow questions
@katecac kate cholewa
Long dodges questions on prescription drugs. Can’t speak 4 dept, (yet can 4 mmj)
@katecac kate cholewa
Molloy objects again. This time sustained. Other drugs not relevant says judge
@katecac kate cholewa
Dev pts out mmj makes finding grows easier. Long says yes but thers still illegal ones
@katecac kate cholewa
Dev asks, u mentioned many offenses related 2 mmj. U prosecute these offenses? Yes. Dev – so u hav the tools
@katecac kate cholewa
Molloy seems 2 sometimes signal long. Head shake kind of thing.
@katecac kate cholewa
Long says not his job 2 interpret law but enforce
@katecac kate cholewa
Long claims nvr said crime increased w mmj. Says only mmj crimes increased w mmj initiative
@katecac kate cholewa
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
@katecac kate cholewa
Devlin reciting crime stats. Crime down. Mr. Long says yes, because we decriminalized some mmj offenses
@katecac kate cholewa
Devlin – crime down since mmj laws in effect. Longyes.
@katecac kate cholewa
Molloy objects – says talkin crime stats is eatin valuable time & irrelevant
@katecac kate cholewa
Judge sustains on grounds questions not relevant 2 this witness
@katecac kate cholewa
Dev – mmj will b turned over 2 cops under sb 423? Long – hope so
@katecac kate cholewa
Long – don’t know what med grade mmj is. Don’t know if it exists
@katecac kate cholewa
Dev pts out that w sb 423 new patient must wait 3 – 6 mos 4 mmj
@katecac kate cholewa
Long says can get it fr provider. Dev says how? Can’t hav it 2 provide til hav patients.
@katecac kate cholewa
A little tense in here
@katecac kate cholewa
Dev pts out that under sb423 patient can’t hav clones or seeds. Long agrees. Dev – so wher does plant come from?
@katecac kate cholewa
Dev asking how 2 get mmj if no seeds or clones allowed?
@katecac kate cholewa
Long – its legal to get a plant fr a provider 4 free. Dev – how can provider get it?
@katecac kate cholewa
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
@katecac kate cholewa
Long says during session was representing narc officers ass not dept of justice
@katecac kate cholewa
Molloy questioning long. Asks why not prosecute doc @ carnival clinic? Long says no criminal offense. Now describing carn clinic
@katecac kate cholewa
Long says nvr more than a min w docs @ several clinics
@katecac kate cholewa
Long says busting peeps 4 mj harder w mmj laws
@katecac kate cholewa
Long steps down. Shakes molloys hand as he leaves stand. Sue oconnell gets sworn in
@katecac kate cholewa
Sue worked ass off during session. Had 2 write all those mmj bills & amendments during session. Good & bad bills.
@katecac kate cholewa
Molloy questioning sue about job duties
@katecac kate cholewa
Sayin all records fr hearing & committees avail 2 public
@katecac kate cholewa
Molloy gives sue binder of record fr 09 interim committee that dealt w mmj
@katecac kate cholewa
Dev objecting. Sayin legislative process not relevant
@katecac kate cholewa
Objecting 2 submission of documents, that is
@katecac kate cholewa
Molloy wants demonstrate sb 423 result of thorough, rational process
@katecac kate cholewa
The legislature a rational process – now that’s funny
@katecac kate cholewa
Molloy says ters a rational relationship tween what leg considered & sb 423. Judge allows 4 documents 2 b submitted.
@katecac kate cholewa
Smaller group 2day. 12 spectators. 7 press. 3 cameras
@katecac kate cholewa
& we r back. Molloy questioning legislative staff member sue oconnell
@katecac kate cholewa
Sue tells how interim committee took on mmj issue after seemed something needed 2 b done, mostly in response 2 traveling clinics
@katecac kate cholewa
Sue tells bills that came out of comittee, incl hb 68 which was a regulatory bill that incl storefronts
@katecac kate cholewa
Molloy asks sue what were legislators concerns. Devlin objects . Concerns r heresay, he says. Molloy w draws question
@katecac kate cholewa
Molloy puts sb 423 in front of sue. Devlin objects. Says her interpretation of bill not what matters
@katecac kate cholewa
Molloy says sue knows the intention of bill. Is relevant, he says. Dev says its improper 2 walk thru statute. Is irrelevant
@katecac kate cholewa
Judge agrees. Sue s opinion about legislative intent just that. Molloy arguing the pt
@katecac kate cholewa
Molloy says it speaks 2 whether tbers governmental interest thus can step in
@katecac kate cholewa
Devlin says statute speaks 4 self. Would accept questions about ambiguous provisions but not clear ones
@katecac kate cholewa
2 funny 2 try 2 argue that legislature was rational process & sb 423 the product of rational process.
@katecac kate cholewa
callin that a rational process should discredit anybody
@katecac kate cholewa
Judge sayin a lot of irrelevant info has been presented. Only about does statute violate mt constitution.

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: : 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 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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