Global Ganja Report

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)

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. 

The Colorado Board of Health on June 15 adopted new rules for the state's small-scale medical marijuana providers, over the objections of cannabis advocates who say the rules are too harsh. The rules require that caregivers—medical marijuana providers who by law must serve five or fewer patients—do more than just provide cannabis. They must now do something extra, such as help patients with shopping, cooking or getting to doctors' appointments. Medical marijuana advocates fear the added responsibilities will severely limit the number of caregivers, which today stands at 16,000 by official figures. (Denver Post, June 15; Sensible Colorado)

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.