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Montana: Medical Marijuana Approved
The Billings Gazette ^ | November 3, 2004 | Allison Farrell

Posted on 11/03/2004 1:51:01 PM PST by Wolfie

Medical Marijuana Approved

Helena -- Montanans suffering from certain medical conditions may be able to legally smoke marijuana to ease their symptoms come January 1. The Medical Marijuana Act passed by a 63 to 37 percent margin Tuesday with 375 of 881 precincts reporting. The new act will protect patients, their doctors and their caregivers from state and local arrest and prosecution for the medical use of marijuana.

Teresa Michalski of Helena couldn't be happier. Michalski once lived in fear that her late son, Travis, would spend the last few months of his short life in jail for using marijuana during the last stages of Hodgkin's disease.

"I knew the people in Montana were compassionate and I could count on them," said Michalski, a fifth-generation Montanan.

U.S. Deputy Drug Czar Scott Burns, however, warned Montanans that federal law trumps state law, and said during a recent visit to Montana that no state initiative permitting the medical use of marijuana can circumvent the federal law prohibiting the possession and use of the drug.

"There's no safe harbor," Burns said.

But Paul Befumo, treasurer of the Marijuana Policy Project of Montana, said he's "elated" that the measure passed.

"People don't have to worry about being criminalized any more," he said.

Proponents say smoking marijuana relieves nausea, increases appetite, reduces muscle spasms, relieves chronic pain and reduces pressure in the eyes. It can be used to treat the symptoms of AIDS, cancer, multiple sclerosis and glaucoma, among other diseases, they say.

Medical marijuana has been approved by voters in Alaska, California, Colorado, Maine, Nevada, Oregon and Washington. In Hawaii, a law was passed by the Legislature and signed by the governor in 2000. In Vermont, a law was passed by the Legislature and allowed to become law without the governor's signature in May 2004, the Marijuana Policy Project reports.

The Montana measure's campaign was financially backed by the national Marijuana Policy Project out of Washington, D.C.


TOPICS: Culture/Society; US: Montana
KEYWORDS: drugwar; giveitupwolfie; wodlist
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To: robertpaulsen
And I bet you think the decision in Wickard v Filburn only applies to wheat? C'mon.

Oh, BTW, the Shreveport Rate Cases were cited in support of the decision in Wickard v Filburn, so we know our judiciary is not as confused as you.

Who's "we"? Every case cited in the Shreveport decision involved interstate carriers. The court's decision hinges on the railroads status an interstate carrier, and the wording of the decision itself makes that abundantly clear. Wickard v Filburn was a Constitutional atrocity any you're willing to get onboard because you're scared to death of the pot boogeyman, any they've got you conviced big government can save you.

101 posted on 11/04/2004 7:57:36 AM PST by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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To: BigSkyFreeper

I tell people that it's too cold to grow food in Montana and the mosquitoes carry off small children.


102 posted on 11/04/2004 7:59:11 AM PST by claudiustg (Go Sharon! Go Bush!)
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To: claudiustg

Not forgetting, blizzards, 20 foot snow drifts and the size of the animals crossing the road in front of you. Hoping for a big snow year and that it will send the influx of Californians fleeing back to warmer climes.


103 posted on 11/04/2004 8:14:42 AM PST by MontanaBeth (NEVER FORGET)
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To: robertpaulsen
Paulsen asks:

Do you really believe that the Founding Fathers gave Congress the power to regulate interstate commerce only, thereby allowing the states to subvert and undermine Congress' regulatory efforts? What's the point? Why even give Congress the power if the states can do an "end around"?

Paulsen, do you really believe that the Founding Fathers gave our government the power to defend us against infringements of our RKBA's only to allow the states to subvert and undermine those efforts?
What's the point?
Why even give Congress the power if the states like CA can do an "end around" and ban socalled assault weapons?


Have you ever given any thought to your constant contradictions of logic, paulsen?

104 posted on 11/04/2004 8:21:21 AM PST by tpaine (No man has a natural right to commit aggression on the equal rights of another. - T. Jefferson)
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To: robertpaulsen
Why do we have to go to the extreme and legalize in order to save money?

Money is not the only resource. The time, effort and resources of law enforcement, courts and others to deal with marijuana suppression, even as a "decriminalized" issue are still going to be invested into marijuana control. When you decriminalize a substance that does not mean trafficking in it will become legal. It will still be illegal to grow it and sell it. That diverts resources. Lets just legalize it, regulate it, tax it and forget it.

105 posted on 11/04/2004 8:27:47 AM PST by Dogrobber
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To: tpaine
"Paulsen, do you really believe that the Founding Fathers gave our government the power to defend us against infringements of our RKBA's"

No, I don't.

I believe that the Founding Fathers restricted the power of the federal government to infringe on our RKBA.

They left it to each state to protect that right, along with free speech, freedom from unreasonable searches, a right to an attorney, and any other right the citizens of a particular state wished to protect.

That's called "federalism". Learn your history.

106 posted on 11/04/2004 8:34:23 AM PST by robertpaulsen
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To: robertpaulsen
I think when the other poster said we should "treat drug addiction like a medical problem" he was talking about all drugs. I don't think marijuana is particularly addictive when compared to drugs like alcohol and meth, and whatever addiction it does produce in some people doesn't seem to cause a lot of crime. I suppose I would agree that it doesn't make much sense for us to have to pay for treatment for marijuana addiction, at least for adults. I'd rather government not spend money on this sort of thing unless spending the money up front would save us a lot of money and trouble in the long run.
107 posted on 11/04/2004 8:34:45 AM PST by TKDietz
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To: MontanaBeth

It gets so cold that time stands still! :^)


108 posted on 11/04/2004 8:42:19 AM PST by claudiustg (Go Sharon! Go Bush!)
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To: robertpaulsen
"Your robertpaulsen/marijuana-thread detector still works, I see."

By the way, I'm not out there looking for you paulsen. I follow the "wodlist" threads and you're always there saying something I disagree with. But for that I doubt we'd ever cross paths. I work for a living and don't have time to post all day everyday like you do.
109 posted on 11/04/2004 8:43:00 AM PST by TKDietz
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To: MontanaBeth

Grizzly bears with paws 14 inches across! This is true unfortunately. They need the oversize feet to get around in all that snow!


110 posted on 11/04/2004 8:45:07 AM PST by claudiustg (Go Sharon! Go Bush!)
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To: robertpaulsen

Is he also a large "J" journalist who does some large "R" reflecting about large "H" happy large "D" days?


111 posted on 11/04/2004 8:51:59 AM PST by TKDietz
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To: claudiustg
It gets so cold that time stands still! :^)

LOL!

112 posted on 11/04/2004 8:59:43 AM PST by MontanaBeth (NEVER FORGET)
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To: robertpaulsen
First of all, the Commerce Clause says nothing about "interstate" or "intrastate" -- it says, "among the several states". So let's not get all huffy about some constitutional distinction that's only in your mind.

"To regulate commerce with foreign nations, and among the states, and with the Indian tribes." To erect a bank, and to regulate commerce, are very different acts. He who erects a bank creates a subject of commerce in its bills; so does he who makes a bushel of wheat, or digs a dollar out of the mines; yet neither of these persons regulates commerce thereby. To make a thing which may be bought and sold, is not to prescribe regulations for buying and selling. Besides, if this were an exercise of the power of regulating commerce, it would be void, as extending as much to the internal commerce of every state, as it is external. For the power given to Congress by the Constitution does not extend to the internal regulation of the commerce of a state … which remains exclusively with its own legislature; but to its external commerce only, that is to say, its commerce with another state, or with foreign nations, or with the Indian tribes."

-Thomas Jefferson, on establishing a national bank.

113 posted on 11/04/2004 9:02:11 AM PST by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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To: BigSkyFreeper
"Why not fight like hell to drop the public smoking ban on cigarettes."

Because there is no public ban on smoking where I live. Hell, I'm sitting in my office in the courthouse as I type this smoking a cigarette.

"Meanwhile, the lung cancer victims sue the tobacco companies and everyone ends up footing the bill."

I'm still paying less than $3.00 a pack for Marlboros and my guess is that most of the price increase I've seen over the years has come from taxes. The tobacco companies are still making a profit despite the judgment payouts and those that don't smoke aren't feeling any effects from the tobacco lawsuits. If the tobacco companies didn't want to get sued they shouldn't have lied to people for so long and tried to con everyone into believing their products weren't addictive and harmful to health even though they knew good and well smoking is both addictive and extremely unhealthy. I can't feel all that sorry for tobacco companies.
114 posted on 11/04/2004 9:03:53 AM PST by TKDietz
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To: tacticalogic
"Thomas Jefferson, on establishing a national bank."

Ah, I learn so much from you.

So, Jefferson's arguments against the establishment of a national bank were accepted by Congress and the President? They agreed with his interpretation of the Commerce Clause?

115 posted on 11/04/2004 9:15:50 AM PST by robertpaulsen
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To: TKDietz

Well, He's Certainly Not a Conservative, Unless You Wish To Make That Case?


116 posted on 11/04/2004 9:17:43 AM PST by robertpaulsen
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To: robertpaulsen
They agreed with his interpretation of the Commerce Clause?

Wheather they agreed with it or not is irrelevant. The Founders transferred that power to the Congress, and the nature and limits of that power were fixed at the time of transfer. The Constitution is not a "living document".

117 posted on 11/04/2004 9:25:04 AM PST by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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To: WildTurkey

"If it is a conservative issue, why is Soros funding it?" Soros spends hundreds of millions of dollars all over the world promoting democracy and capitalism. Does that make democracy and capitalism bad? I don't agree with a lot of the things Soros does either but the fact that Soros spends money on something does not establish the prima facie case that that thing is bad or even liberal as opposed to conservative. Besides, Soros is not the only person funding marijuana legalization initiatives and there were plenty of people out there who thought our marijuana laws were stupid long before Soros ever spent a dime funding any marijuana law reform groups. I've held the belief that marijuana should be legal for more than twenty years and I never even heard of Soros until a couple of years ago. I'm more than a little offended when people try to lump all of those who feel the same way I do about these issues in with George Soros. He's just one of millions and millions out there from various backgrounds with various core beliefs who happen to agree that marijuana should be legal. Just because we agree on that one point does not mean we all agree on everything else.


118 posted on 11/04/2004 9:26:15 AM PST by TKDietz
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To: robertpaulsen
Paulsen, you don't really believe that the Founding Fathers gave our government the power to defend us against infringements of our RKBA's?

No, I don't. I believe that the Founding Fathers restricted the power of the federal government to infringe on our RKBA.

Only the feds aye? We the people, citizens of the USA, have no protection from the unconstitutional infringements of a rogue State like CA? -- Bet me.

They left it to each state to protect that right, along with free speech, freedom from unreasonable searches, a right to an attorney, and any other right the citizens of a particular state wished to protect.

There you go again with your bizarre theory that our inalienable rights can be infringed upon by States of the Union, who are pledged to uphold the Law of the Land.

That's called "federalism". Learn your history.

I call your anti-constitutional concepts by harsher names, but you call such opinions 'abuse'. Got anyone banned lately?

119 posted on 11/04/2004 9:34:57 AM PST by tpaine (No man has a natural right to commit aggression on the equal rights of another. - T. Jefferson)
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To: robertpaulsen
I think Buckley is conservative. He certainly thinks of himself as conservative, as does almost everyone else who knows who he is. You are certainly free to exclude in your mind Buckley and everyone else with libertarian leanings from your limited definition of what it means to be conservative. That's your prerogative. I'm not even going to argue with you about it because it would be a pointless exercise in futility.
120 posted on 11/04/2004 9:37:14 AM PST by TKDietz
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