Montana: Medical Marijuana Approved

The Billings Gazette ^ | November 3, 2004 | Allison Farrell

[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.

[Sandy]

I've been hearing conservative radio talking about this as a conservative issue, but I'm having a hard time swallowing it. Perhaps I just need to learn more about the position.

Look up the Supreme Court's Wickard v. Filburn decision and the Aggregation Principle. In Wickard (a case which involved some farmer who was growing wheat for personal consumption in violation of FDR's Agricultural Adjustment Act), the Court decided that the Constitution's Interstate Commerce Clause gave the federal government the authority to control activity that was neither commerce nor interstate. You heard that right--entirely intrastate, non-commercial activity could be controlled and even banned by the federal government, and--according to the New Deal Court--the authority for the feds to ban intrastate non-commercial activities can be found in the Constitution's Interstate Commerce Clause of the Constitution.

This was one of several important Court decisions during FDR's New Deal era that allowed for the massive growth of the federal government and the federal government's trumping of state sovereignty that conservatives supposedly now wish to roll back. Unfortunately, the Bush administration is currently defending the Wickard decision before the Supreme Court in the medical marijuana case, Raich v. Ashcroft. It's about the worst thing that Bush has done since he's been in office and a death blow to both federalism and conservatism, imho.

[tacticalogic]

Well of course it is. Anything that you think might help keep your kids from ever smoking pot is a "fact".

[David M. Brooks]

Oh my. He's not going to ask you to arrest cancer patients. Don't be silly. He is, however, going to ask the DEA to continue to arrest anyone who violates federal law.

Oh yeah?

[tpaine]

"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. "


Hey Scott - how many illegals crossed the Mexican border while you were making your threats?
3 Biz

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Under our Constitution, ANY law repugnant to its principles is null & void.
Congressional 'findings' that prohibit the possession and use of the 'drug' are violations of a number of our Constitutional principles.

If the State of Montana caves to the feds on this law, the politicians, lawyers & judges involved should be impeached for violating their oath of office.

[tpaine]

It is a conservative issue in the sense that conservatives are against it.

Liberals, Libertarians, and anarchists are in favor.
12 posted on 11/03/2004 2:10:56 PM PST by robertpaulsen

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So, let me get this straight. According to you, if a person doesn't believe marijuana should be illegal, no matter that person's stand on ALL other conservative issues, then that person is NOT a conservative?

16 posted on 11/03/2004 2:18:04 PM PST by houeto

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If what you're trying to "conserve" is the New Deal.

18 posted on 11/03/2004 2:20:57 PM PST by tacticalogic

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So, National Review is not conservative?

29 posted on 11/03/2004 2:27:48 PM PST by Modernman

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You don't speak for all conservatives.
39 Sir Gawain

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Paulsen is not a conservative.

He plays at being one in order to troll this forum.

[tpaine]

Bumpkin talk.

[tpaine]

paulsen wrote:

I suggest those who use drugs seek out treatment before they get arrested.
I have no intention of paying for that treatment.

Robbie, after listening to you pontificate for the last year or two, I would be willing to bet you pay little or no taxes.

-- You write & opine like a perpetual grad student at a liberal arts college, eking out a living doing substitute teaching.

[tpaine]

This was one of several important Court decisions during FDR's New Deal era that allowed for the massive growth of the federal government and the federal government's trumping of state sovereignty that conservatives supposedly now wish to roll back.

Unfortunately, the Bush administration is currently defending the Wickard decision before the Supreme Court in the medical marijuana case, Raich v. Ashcroft.
It's about the worst thing that Bush has done since he's been in office and a death blow to both federalism and conservatism, imho.
61 Sandy

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Well put Sandy.

Needs emphasis, because Bush must realize that he has to pay attention to the conservative constitutionalist base that re-elected him.
-- I am certain he will not.

[onyx]

So much excitement last night,
I must call this one an early night.

Take care and stay away from the dopers.

[WildTurkey]

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

by a Washington, D.C.-based group, the Marijuana Policy Project (MPP), which receives significant funding from Soros through the Drug Policy Foundation (DPF). The DPF has received $15 million from Soros in recent years, and it recently merged with the Lindesmith Center, a major project of Soros' tax-exempt Open Society Institute (OSI) in New York City. The new entity, the Drug Policy Alliance (DPA), is run by Soros employee, Dr. Ethan Nadelmann.

[WildTurkey]

I've been hearing conservative radio talking about this as a conservative issue, but I'm having a hard time swallowing it. Perhaps I just need to learn more about the position..

If Soros if funding it, it can't be a conservative issue.

[WildTurkey]

This is a conservative issue, too.

If it is a conservative issue, why is Soros funding it?

[tpaine]

This is a conservative issue, too.

Notice the red states that have approved med-pot by 60 percent margins.
Please, W... don't ask me to arrest cancer patients.

2 Lexington Green

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Oh my. He's not going to ask you to arrest cancer patients. Don't be silly.
He is, however, going to ask the DEA to continue to arrest anyone who violates federal law.
8 robertpaulsen

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If it is a conservative issue, why is Soros funding it?
-Turkey-

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Turkey, -- if it is a conservative issue, why are you and paulsen for the big government, anti-constitutional solution to it?

[houeto]

That person isn't Conservative enough for me.

I can assure you that you aren't nearly conservative enough for true "states rights" conservatives to be NEARLY conservative for me.

Please sir, fasten your seat belt or I will be forced to cite you under "Federal Law!".

[freepatriot32]

Precisely how I feel about the issue. Medical marijuana is just a euphemism for "legalizing marijuana for any purpose".

And we all know what legal marijuana for any purpose leads to SEX by white women with negro jazz musicians and those mexican migrant workers wich leads to pregnancy and mixed race babys!!!!Then the pure arian race will die out within three generations!!Then the mud race children will grow up to murder piano playing party girls. Then you know what happens after that? Come on i ll give you three geuss'. You take one hit from marijuana and YOU TURN INTO A BAT!!!!!!!!!!!!!!!!!!! Thats all gotta be true because the first drug czar ever said some of that some of it was said on the floor of congress during the debate to outlaw marijuana in the 30's and the rest i saw in reefer madness written produced and paid for by usa goverment burecrats and the united states goverment would not take money at gun point from its citisens and use it to lie to them and propagandize for the sole purpose of gaining and maintaning unconstitutional power over those very same people now would they ?

[BigSkyFreeper]

You've just entered into silliness. Have a good day.

[BigSkyFreeper]

So you don't believe in the law. Good argument, run with it.

[BigSkyFreeper]

So much excitement last night,

It was full of excitement, I was running on fumes all day Wednesday. LOL

You take care as well, and always nice to see you in the forums. :)

[wai-ming]

Question:

If marijuana is so useful as a medication, why don't they just put it in a pill?

I don't understand why it has to be smoked, increasing people's risk of lung disease and other ailments.

[BigSkyFreeper]

As far as Brown goes, he ran a poor campaign, but I voted for him anyway, because to vote for a Democrat would just be wrong.

I concur 100% with you there. I was disappointed in Brown's poor campaign style. but I voted for him anyway. Had I voted for Schweitzer or any other candidate, would have been voting against my principles. Brown would have made a great Governor, but again, he ran a poor campaign.