Global Ganja Report

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)

The DEA conducted aggressive SWAT-style raids April 29 on three distribution facilities in Spokane, Wash., that provided medical cannabis to qualified patients. Earlier this month, numerous facilities shut down after US Attorney Michael Ormsby threatened  landlords in Spokane with seizure of their property if they continue to let their tenants provide medical cannabis. These actions come as the state is trying to pass Senate Bill 5073, which modifies its current medical marijuana law to set up a licensed distribution system.

Montana's Gov. Brian Schweitzer said April 29 that he will let a restrictive new medical marijuana bill take law without his signature. With the legislative session about to end, procedure allows unsigned bills to take effect until the new session in 2013. "So I will hold my nose and allow this to be law until the Legislature gets back to session," Schweitzer said. "I'm not going to sign it."

Gov. Brian Schweitzer on April 13 vetoed a bill that would have repealed Montana's medical marijuana law, calling it draconian and contrary to the will of the state voters who approved it in by 62% in 2004. "There were many people out there who said there is a medicine out there that is not currently legal," Schweitzer said at a veto ceremony in the governor's reception room at the Capitol.

More than a dozen local and federal law enforcement agencies conducted aggressive criminal raids March 14 on 26 medical marijuana dispensaries and grow sites in 13 Montana cities, according to a press release issued by US Attorney Michael W. Cotter. Federal agencies involved in the raid included the Drug Enforcement Administration, Immigration and Customs Enforcement, Internal Revenue Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Investigation. No arrests were made, but the US Attorney has alleged probable cause for several federal criminal violations.

The lower house of Montana's legislature on Feb. 21 voted up the repeal of the state's medical cannabis law. The repeal bill now goes to the senate. The Senate Judiciary Committee is planning to work on a new bill to put in place a licensing and regulatory system for the medical cannabis industry, paid for by new licensing fees.

Christopher Bartkowicz of suburban Denver was sentenced to five years in federal prison Jan. 28 after pleading guilty to three cannabis-related charges—despite his claim to protection under Colorado's medical marijuana law. Federal agents raided Bartkowicz's Highlands Ranch home last February and seized hundreds of plants growing in his basement. If he had gone to trial, Bartkowicz could have faced a life term because of a previous drug conviction. His release will be followed by eight years of supervision.

On Jan. 21, more than 100 people came out to Montana's capitol building in Helena for hearings on on what the state's new medicinal cannabis policy should look like. Ironically, a bill pending in the state house is opposed by cannabis advocates as well as those who want to repeal the 2004 state ballot initiative that legalized medical use.