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Thursday, April 28, 2011

Montana Governor Rejects Medical Marijuana Overhaul as Unconstitutional

Montana Governor Brian Schweitzer rejected the state's newly passed overhaul to their medical marijuana program, calling the changes unconstitutional and saying they would never stand up in court.
If the bill reaches the governor's desk before lawmakers adjourn, he says he will make an amendatory veto to take out some of the provisions. If lawmakers adjourn before the governor gets the bill, he'll be forced to either veto the bill completely or to pass it into law.
“I’d like to amend it, that’s what I would like to do, and we’ll see what it looks like when it gets here,” Schweitzer said in an interview with Lee Newspapers State Bureau. “The bill as written is not going to survive the courts.”
Schweitzer says he wants to take out provisions in the bill that would require medical marijuana patients to carry a state-issued ID card on them at all times, regardless if they are carrying marijuana or not, and would also provide the names and addresses of all medical marijuana patients to local police agencies who would have the right to conduct a search of their home at any time.
“That violates your constitutional rights to illegal search,” Schweitzer said.
Schweitzer also supports adding a provision that would allow a few centralized growers who would be heavily regulated, taxed, bonded and insured so that "none of this stuff makes it to the illegal chains.”
“I mean does someone with a straight face think you can have 5,000 people growing their own and none of it makes it to high schools or to college dorm rooms?” he said.
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