MT Patient Advocates Put Repeal of Medical Marijuana Restrictions on Ballot for 2012

October 05, 2011

Patient advocates in Montana, including members of Americans for Safe Access, were successful this week in gathering enough signatures to overturn SB423, an extremely restrictive medical cannabis bill that took away many of the patients’ rights enshrined in Initiative 148, passed by 62 percent of voters in 2004. Since its passage last session, SB423 has threatened to reduce the number of patients who can qualify for protection under the state law by 90 percent. It also eliminated virtually all access to localized distribution, forcing thousands of patients into the illicit market.

Although a lawsuit was partially successful in rolling back some of the restrictions imposed by SB423, it was unable to nullify the entire bill. Not wanting to rely completely on the courts, patient advocates began a signature drive to put the legislation on the ballot.

It is now up to the voters to reject the onerous provisions of SB423 in its entirety in order to pave the way for more sensible regulation and reform. Local activist and medical cannabis attorney, Chris Lindsey, commented on the progress made by the reformation committee stating that:

We had a voter-approved law that was repealed by our state's politicians. When they were unable to come up with a complete ban, they cooked up a law that punishes people who wanted to participate in the medical marijuana program. The current law does not protect patents and those who provide to them. What we need is smart regulation, not a punitive law that works against the rights of Montana citizens.

Lindsey speaks on behalf of thousands of patients whose access has been seriously compromised with the passage of SB423, and who agree that smart regulation is needed to resurrect safe and legal access to their medication.

Placing this issue on the ballot is a great step in the right direction, and will hopefully restore the rights of Montana patients established under Initiative 148. However, the work is far from over. Our opposition has made it clear that the scope of Initiative 148 is too broad, and now it is up to the patient community in Montana to educate the greater public on why SB423 is not the “regulatory” answer.