Rotunda Report

Co-authored by Senator Rowlie Hutton and Senator Larry Jent

The Montana Medical Marijuana law has, by all accounts, spun out of control.  Nearly everyone agrees the current system is unacceptable, with storefront pot shops, large grow operations, and advertising by unscrupulous doctors eager to diagnose maladies that result in the coveted “green card.”  As result, a controversial bill to repeal the act was passed by the Legislature and sent to the governor’s desk.

Before heading to Helena, people said to sift through the myths and propaganda and listen to the people.  Some were concerned that legislators may try to impose their own values on the rest of the legislative body.

When I [Sen. Hutton] moved into my office in the “bullpen,” I determined that I would be a statesman, not a politician.

Many are concerned with the legality of repealing a citizens’ initiative, and the governor has vetoed the repeal bill on the grounds that it both “violated the will of voters,” and is “unconstitutional.”  The Constitution does not prohibit such repeal, and the same constitution gives both voters and the Legislature the power to enact statutory law regulating the same topic.  One can conclude that the Legislature may repeal a statute passed by the voters, but should only do so when an emergency rises.  We believe that the current marijuana situation is such an emergency.

Montana’s cardholder rate is growing at a pace of 1,000 per month with nearly 30,000 total.  Students have said that in schools, marijuana has become so commonplace, that people don’t ask, “Hi, how are you?” but “How high are you?”

Many people and organizations, including numerous employers and the Sheriff’s Association, testified in favor of repeal.  The Army National Guard disclosed that they were terminating employment at a rate three times the normal rate to do positive drug testing for marijuana.  A local grain elevator told one committee that at a recently held job fair, not one person passed the drug test.  If our message is to grow jobs and the economy, we cannot stand behind a drug so counterproductive to safety and employment.

Since our priority is to grow jobs, the real issue is respect for the rule of law.  The Federal Controlled Substances Act absolutely prohibits possessing , growing, distributing, or selling marijuana under any circumstance, whether a state has authorized “medical” marijuana or not.  No peer reviewed scientific literature supports the proposition that medical marijuana cures anything.

Repeal would have taken us back to a system which lets the FDA do its job and adopt drugs that have proven their benefits with trials and good science.  While some people undoubtedly receive a palliative effect from the use of marijuana, that effect is far outweighed by the effect on society as a whole.  Since the repeal effort was vetoed by the governor, we’re awaiting a vote on a bill that would strictly regulate marijuana to reduce the abuse and corruption in schools and communities.  The status quo will not do; the issue must be addressed this session.