Global Ganja Report

The Montana Cannabis Industry Association (MTCIA) says it has received information that the Justice Department has issued a memo with guidelines for the acceptable operation of dispensaries in California, and wants to know if similar guidelines were issued for their own state. Said MTCIA spokesman Ed Docter: "If the federal government wants to propose guidelines fine, we're all for that, we would really enjoy that, we would invite the help but basically we would just like to know what our US Attorney get. What did [Montana US Attorney Michael] Cotter get? I mean we don't know if he got a similar memo." The MTCIA says it will write to Gov. Brain Schweitzer seeking clarification on the guidelines, and what the Montana industry needs to do to prevent more raids. (KPAX, Missoula, Nov. 29)

With signatures due at county courthouses, it appears highly likely a proposed Montana referendum to overturn the restrictive new state medical marijuana law will qualify for the November 2012 election. To make the ballot, a referendum needs the signatures of 5% of the voters in 34 of the 100 state House districts, or at least 24,337 signatures. Secretary of State Linda McCulloch's office has reported tabulating 19,973 qualified signatures so far for Initiative Referendum 124, the proposed medical marijuana measure. It has qualified in 31 House districts. The proposed initiative seeks to repeal the new law that bans for-profit marijuana operations and makes it more difficult to qualify to be a registered user. (AP, Sept. 29; Billings Gazette, Sept. 28)

Federal prosecutors pursuing drug charges against Montana medical marijuana operators want to keep jurors from hearing any evidence at trial about the state law approving such operations, or whether the defendants were complying with it. US Justice Department attorneys have made motions in at least two cases stemming from federal raids on dozens of medicinal cannabis operations this spring, asking judges to bar any testimony or evidence about medical marijuana.

Montana's Medical Marijuana Act does not allow for cannabis transactions between caregivers, Flathead County District Court Judge Stewart Stadler ruled July 21. Ruling in a civil lawsuit brought against the Flathead County Attorney, Stadler said state law limits registered caregivers to providing marijuana only to "qualifying patients." The plaintiffs were identified in court documents as the Medical Marijuana Growers Association, two anonymous couriers and three anonymous caregivers. Stadler granted the county attorney’s motion for summary judgment. (Hungry Horse News, July 26)

Jim Squatter was already a longtime veteran of the squatting, anti-nuclear and anarchist movements before a devastating accident turned him into a medical marijuana user—and a fighter for the right to medicinal cannabis.

A former cancer patient and the husband of an elderly woman with serious health problems told a district judge in Montana June 20 of their concerns about whether they can still obtain medical cannabis if a new law takes effect July 1 to ban commercial growing operations in the state. The testimony came in the first day of hearings in a lawsuit filed by the Montana Cannabis Industry Association and others asking Judge James Reynolds to issue an injunction to stop the law from taking effect. 

On May 10, two Montana medical cannabis providers—Montana Caregivers Association and MCM Caregivers—filed suit against the federal Department of Justice, Attorney General Eric Holder, and the US Attorney for Montana Michael Cotter in US District Court in Missoula. At issue are the federal raids that occurred across the state in March. The plaintiffs say the feds both violated their constitutional rights in the raids, and attempted to improperly abrogate Montana's medical marijuana law. "The federal government has made clear its intent to threaten and eventually eliminate any business or enterprise related to the medical use of marijuana," they charged in a prepared statement. (420 Times, AP, May 12)

Patients and their supporters rallied at the Justice Department in Washington DC on May 2 to protest increased federal interference in medical marijuana states. More than 200 supporters also rallied in Sacramento for medical marijuana patients Dr. Mollie Fry and her husband Dale Schafer as they surrendered to federal authorities to serve out five-year prison terms. Last week, the DEA raided several distribution centers in Spokane, Wash., as a state bill to license such facilities was vetoed the next day by Gov. Christine Gregoire. The Spokane actions are the latest in a string of more than 100 aggressive SWAT-style federal raids carried out since President Obama took office.