by Amber Conger, reporter

     Montana and Colorado share the Rocky Mountains, and if the most recent meeting of a Montana legislative committee is any indication, the states may also soon share similar medical marijuana laws.

     The eight-person bipartisan Children, Families, Health and Human Services Interim Committee of the Montana Legislature held its final meeting before the 2011 legislative session last week. Changes to the current Montana medical marijuana law were up for discussion.

     The current law was initially adopted by voters in 2004 and problems prompted the legislative review.

     “As this law currently exists it is a total mess,” Narcotics Bureau Chief at the Montana Department of Justice Mark Long told the committee. “Law enforcement, local municipalities, the courts, prosecutors, and the patients and growers themselves are totally confused and frustrated. The gray areas, loopholes, and general vagueness of the current statute make it very easy for the criminal element to flourish in the growing and trafficking of illegal marijuana, but yet makes it very difficult for legitimate growers and patients to be legal.”

     The draft bill considered by the committee last week addressed many of the concerns that have cropped up, including provisions to:

     • limit the amount of marijuana available to a patient each month,

     • cap the number of patients a caregiver can serve,

     • define standards of care for prescribing doctors,

     • impose residency requirements,

     • require patients to carry their permit cards, and

     • provide for law enforcement notification of caregiver locations.

     Many of the provisions were modeled on a recently revised Colorado medical marijuana law. After voting to approve medical marijuana in 2000, Colorado recently implemented new changes.

     Mike Batista, speaking on behalf of the Montana Attorney General’s office, called the new Montana proposal a good bill that addresses the law enforcement concerns. “We  really think that this bill represents what voters thought they were voting for,” he said.

     Many of those who attended the hearing urged the committee not to forget the patients who were the reason for the original creation of the Medical Marijuana Act. The committee heard from about twenty speakers during the meeting and received 142 written comments plus 102 form letters from patients, families of patients and concerned citizens. Some of the speakers choked back emotion as they spoke.

     “This is a compassionate issue, not a legislative issue,” said one speaker.

     “Keep the patient in mind,” urged Rick Rosario, president and CEO of Missoula’s Montana Pain Management.

     Jason Christ, founder of the Montana Caregiver Network, told the committee he represented 30,000 caregivers and reminded the legislators they are supposed to represent the people. “This is medicine and it helps me and it helps other people,” he said.

     Despite its potential to help suffering patients, medical marijuana currently “has an identity crisis,” said Helena Representative Mary Caferro. “Is it medicine, or is it a recreational drug?”

     “Federally this is still illegal,” noted Committee Chair and Missoula Representative Diane Sands.

     One proposed change that prompted opposition from some in attendance would cap the monthly amount of marijuana that can be dispensed to a patient at two ounces, an amount some said would not meet the needs of some patients.

     Another provision discussed would allow law enforcement agencies to know the location of growing operations and dispensaries.

     “Right now there is no provision for that, so law enforcement has no idea where these plants are being grown. Most growers simply list a mailing address or P.O. Box.,” said Long. “So when law enforcement receives information that marijuana is being grown somewhere, it takes extensive manpower and money expenditures to investigate the complaint, get a search warrant, go to the location, only to find out it’s a ‘legal’ grow operation. It’s a huge wasted expense for law enforcement, and it’s a huge burden on the growers to have a bunch of cops show up with a search warrant.”

     Long also spoke of a lack of oversight. “Right now there is none. No inspections for fire codes, health codes, building (electrical) codes, child safety issues, local business licensing issues, etc. There is also only an ‘honor system’ for reporting income.”

     In addition, lack of oversight means little to ensure the marijuana is reaching permitted patients instead of flowing into the black market, he said.

     Long also advocated requiring patients to carry their medical marijuana cards. “You have to have a driver’s license in possession when driving, a hunting/fishing license in possession when hunting/fishing, but you are not required to have your marijuana card in possession when possessing or using marijuana. What’s up with that?” he asked.

     A recommendation that patients be required to get a second medical opinion was met with comments that some can barely afford to visit one doctor.

     Comments from a caregiver about medical marijuana dispensaries as a small business opportunity led others to say that was not the intent of the law.

     Committee members made it clear they expect many changes before any final bill is adopted. “No one here is suggesting this will be the final version of this bill,” said committee chair Sands.

     The committee voted 7-1 to have the bill drafted and prepared for introduction at the 2011 Legislature in January. Until final adoption, lawmakers will be busy trying to put the puzzle pieces together when it comes to rewriting Montana’s Medical Marijuana Act.