Montana Medical Marijuana Program Has a Wild Week

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The medical marijuana program in Montana took an interesting ride this week in a turn of events that had lawmakers and activists jeering and cheering. First came the news that Montana was moving to restrict their medical marijuana program to residents only. Health officials made the ruling after turning up several applications from people who have permanent residencies out of the state. Although the exact number of out-of-stater applications wasn’t made available, the Health and Human Services Department said that there were enough that it was a concern. The applications in question had permanent residences outside of Montana, such as snowbirds, those that only live in Montana in the Summer, and college students. Health and Human spokesperson Chuck Council made the announcement that beginning on Monday, the only proof accepted from here on out would be a state issued driver’s license, or a state issued identification card. The did say they would not wast resources to audit the past applications, that the new policy change would apply to new applications, and those renewing their medical marijuana cards, something that Montana patients are required to do every year.

The move was a response to the explosive number of new applicants to the program. By the end of July there were 23,500 registered users, and applications for the program have steadily risen to a few thousand a month, with 12,300 of those just getting their cards since January of 2010. Jason Christ, founder of the Montana Caregivers Network told the Missoulian earlier this week, that he opposes the new rule, saying “Out-of-state residents should be allowed medical marijuana cards whether they live in Montana part of the year or are even just visiting on vacation”

The policy was set to begin on Monday. Then on Friday, because of a standard legal review of the new policy, the Department discovered what they are calling a loophole in the state law. A disappointed Chuck Council made the announcement saying that the law is mute on the subject of legal residency and that there is no recourse for the Department of Public Health and Human Services to change the existing policy. He said the Department will keep the situation as it stands and they will be moving forward, status quo, and process out-of-state applications as they come into the department.

In trying to restrict the Montana program to exclude any patients that live in the state of Montana for only half of the year, the proposed changes seemed oddly cruel. If two patients have the same health issues that can be relieved by medical cannabis, why would Montana have a stake in denying a citizen that has chosen Montana to live in half of the year? And in trying to reign in the program, it is now public knowledge that Montana’s medical marijuana program is no longer under the guise that is is for Montanans only. They will not be allowed to restrict the rights of out-of-staters. It seems that Jason Christ was correct. Even if you are on vacation and you find that medical cannabis can help you with a qualifying condition, such as pain or nausea, a Montana doctor is allowed to recommend medical marijuana for you while you are in the state.

Montana has felt the back lash more severely than some medical marijuana states with violence and graffiti towards some medical marijuana clinics or shops and even lawmakers in the state publicly planning bills next session to repeal Montana’s medical marijuana law. Other lawmakers are working on amending the medical marijuana law to make it more restrictive. Citizens in the state are encouraged to voice their support of the Medical Marijuana laws in the state of Montana. Residents can contact your lawmakers and tell them how you feel. And, if you are planning on visiting the great and beautiful state of Montana, go ahead and call them and tell them how you feel as well. It seems you have a stake in this too!

Montana Legislators