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Keeping in touch: News from committees

by Rep. Pat Ingraham
| January 26, 2011 1:28 PM

On Friday, January 21st, the Health and Human Services Committee which I serve on held a hearing on House Bill 68.  HB 68 is “an Act Revising the Medical Marijuana Act to Create a Licensing and Regulatory System for People Who Grow, Manufacture, Distribute or Sell Medical Marijuana; Requiring Montana Residency to Obtain a Registry Identification Card or a License; Clarifying Requirements for Physicians Who Provide Written Certification; Providing Local Government Authority to Regulate Medical Marijuana Licensees; Establishing Prohibitions on the Medical Use of Marijuana by People; Expanding the Limitations on the Medical Use of Marijuana; Providing Definitions; Providing Rulemaking Authority; Creating a Special Revenue Account; and, Appropriating Funds.”

House Bill 68 is a Committee Bill that the Interim Children, Families, Health and Human Services Committee brought forth in response to the concerns being raised by local governments, law enforcement, state regulators and even the medical marijuana industry itself when Montanan’s holding medical marijuana cards went from 7,339 as of December 31, 2009 to 19,635 by June 30, 2010, a six month period.  That was a 167% increase in cardholders.

The hearing was attended by a large number of both proponents and opponents to the bill, in the neighborhood of a hundred plus people.  The hearing lasted approximately 3 ½ hours, not to mention emails and messages by the dozens from my constituents and Montana citizens alike.  According to the testimony, while the bill has many attributes for controlling some of the problems of the medical marijuana program, the overall bill still needed improvements.  Additionally, the bill came with an approximate cost which is still in a state of flux of anywhere from $4,415,220 to $10,345,067 depending on the year.  It includes 45 new state employees the first year, falling to 38 the following years. While it’s expected those involved in the industry - growers, patients, care givers - will cover the costs through fees, it was amazing to see another outcome of the legislation we pass.  That outcome is whether this bill or any other ultimately passed by the legislature will increase the size of government at a time when people want less.  A challenging task in which to find the balance.

After listening to the testimony and reviewing the fiscal note, I thought it would be interesting to look back and see what the people voted for in 2004.  The official ballot language for Initiative No. 148 which the people of Montana voted on is as follows.

This initiative would allow the production, possession, and use of marijuana by patients with debilitating medical conditions.  Patients could use marijuana, under medical supervision, to alleviate the symptoms of conditions including cancer, glaucoma, and HIV/AIDS, or others conditions or treatments that produce wasting, severe or chronic pain, severe nausea, seizures, severe muscle spasms, or other conditions defined by the State.  A patient or the patient’s caregiver could register to grow and possess limited amounts of marijuana by submitting to the State written certification by a physician that the patient has a debilitating medical condition and would benefit from using marijuana.

There would be no measurable cost to the state government from the approval of this initiative.

Two small paragraphs.  How far we’ve come.  Remember if you’d like to take a look at HB 68 in its entirety and its accompanying fiscal note, you can do so by going to the Montana Legislative website.  The link is: www.leg.mt.gov .  If you’re interested in knowing more about Initiative No. 148 and how this all started, you can go to http://sosmt.gov/2000s/2004/2004vip to take a look at the 2004 Information Pamphlet that references the ballot language, proponents and opponent’s statements and their rebuttals.

I can be reached during the session by leaving a message for me at (406) 444-4800, or by e-mailing me at pathd13@blackfoot.net , or by visiting the legislative branch website at www.leg.mt.gov and clicking on the Contact a Legislator link. Instructions are given there on how to send electronic messages.  You also may mail your comments to me at Representative Pat Ingraham, Capitol Building, P. O. Box 200400, Helena, MT 59620-0400.