H.E.M.P. | July 01, 2011 | 0 comments

MTCIA Still Working for Clarity Following Ruling

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MTCIA Still Working for Clarity Following Ruling

On July 1, 2011, by Kate Cholewa ....


Urgent Update: Get your patients to fill out the form to make you a provider NOW.

Need help understanding process to switch patients from you as “caregiver” to “provider”? MTCIA member Bob Cypers is willing to help: 406- 459-3104

Judge Reynolds’ ruling was a partial victory. The new law slated to go into effect yesterday would have essentially ended access to medical marijuana in Montana. Access has been preserved. However, given that it was a partial injunction, many provisions are still going into effect. For a comparison of what the law would have done without the injunction compared to the situation with the injunction, go here.

In terms of functionality, the biggest issue is that caregivers were eliminated as of midnight. Yes, growers can still have medical marijuana businesses, but they must be registered as “providers” as per the requirements of the new law. So, according to the letter of the law, if you had 15 patients yesterday as a caregiver, you would be operating against the law if you were serving them today. You must undergo the paperwork to become a provider. The patients must name you as such.

This, of course, temporarily breaks down the entire system. Yet, it was clearly the judge’s intention to allow commercial activity.

The judge’s ruling came out at the end of business hours yesterday. Little could be done last night to seek clarifications. No guarantees, but the MTCIA and their attorneys are working to see what might be done about this transition.

And don’t forget, the new law can still be stopped in its entirety through the referendum process.

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