Montana legislature tweaking The Peoples MM law

From the Missoulian:

HELENA - An interim legislative subcommittee tentatively agreed Thursday on some proposals to restrict Montana's fast-growing medical marijuana industry.

The Medical Marijuana Subcommittee spent the day informally voting on various proposals that will be incorporated in draft legislation to be considered by the Legislature's Children, Families, Health and Human Services Interim Committee on Aug. 23-24. The 2011 Legislature ultimately will decide on the issue.

Afterward, the chairwoman, Rep. Diane Sands, D-Missoula, said she believed two of the subcommittee's actions were especially significant - the call for a new dispensary system and restrictions to prevent physicians being financially involved with medical marijuana caregivers or dispensaries.

The committee voted to recommend that Montana become a "dispensary system" through which people with medical marijuana cards could buy marijuana through dispensaries, or stores, that are designated as their caregivers. Legislators voted to use the recently enacted Colorado law as their model.

Colorado, Maine, New Mexico and Rhode Island recently adopted dispensary systems that require all principal officers, board members, managers and employees to undergo background checks and be licensed by the state, according to a report by legislative researcher Sue O'Connell.

Under the proposal, the state would be allowed to inspect the facilities or any growing operations and examine sales records. The panel tentatively approved having dispensaries regulated by the state Revenue Department as the state agency does with establishments that sell alcoholic beverages.

Another key change recommended by the panel would prohibit a doctor from being paid or soliciting pay from caregivers and dispensaries. It also would be illegal for a physician from holding an economic interest in a business if that doctor certifies the "debilitating medical condition" that allows a patient to participate in a medical marijuana program.

Afterward, Bill Boast, a Kalispell caregiver, said he would probably oppose the bill as written for a number of reasons.

"They don't limit a pharmacy as they have my clients," he said. "Wal-Mart can sell Oxycontin to as many people (with prescriptions) as they want."