Here is his contact information.                                                                                       406.534.3345                                                                                              jeff@jeffessmann.com                                                                                                            PO Box 80945                                                                                                                    Billings, MT  59108

Highlights for me:  He never voted for a state budget that increased government spending.  Nope, he increased YOUR spending on taxes.  I don’t know about you, but I just LOVE taxes.  In light of the number of unemployed Montanans Essmann’s legislation created, it warmed my heart to read that his annual coat drive has provided 90,000 winter coats to the needy.  Guess I know where we will be getting our coats this winter.  He mentions that his willingness to take on the toughest of challenges is a trait we need in our next governor.  Let’s see here.  He had four sessions to deal with regulating the medical marijuana industry.  He waited until the very last minute of the very last day of the very last session, when he forced dumped his hot mess, SB-423, on the laps of Montana’s elderly and ill.  Sounds courageous.

Where’s Essmann?

Essmann may have been home analyzing the results of the recent solicitiation letters he sent to constituents as he explores a potential Gubernatorial bid.  Oddly enough, he omitted authoring SB423 in the lengthy resume’ he included in the letters.  He has repeatedly claimed that droves of his constituents begged and pleaded for a repeal of Montana’s medical marijuana law, so it does seem strange that he didn’t mention let alone herald that particular accomplishment. Perhaps he was using medical marijuana. Oh yes, that’s right, he has never done such a thing…. or has he?    Perhaps Essmann was home proposing legislation for the biggest tax increases in Montanans’ lifetimes.  Oh, never mind.  He already did that! Maybe he was providing statements to police, hoping to ensure a newly unemployed cannabis caregiver would be charged with a violation of the dreaded “privacy in communications act”.  Yeah, he already did that too.  Perhaps Essmann was out looking for Rep. James Knox, word on the street is that he’d like him to be his lieutenant governor.  Unfortunately for Essmann, Knox is apparently planning to leave the state, presumably taking his $733/mo in health benefits, compliments of Montana taxpayers, with him.

Anyway, back to the Americans for Prosperity event.  I wasn’t in attendance, but reports of McGillvray and Kerns being loudly booed were consistent.  One Republican politician- who actually lobbied Essmann and company to abandon plans for repeal in favor of thoughtful legislation during the session- left early because he was uncomfortable with the number of union thugs shouting down the speakers.  He said that he was not there to support the speakers but to support the local effort to elect new leaders who understand the need to live within our means and recognize that over-regulating is not the conservative way. Josh Daniels, an outspoken advocate for patients’ rights as well as a member of Patients for Reform, Not Repeal , said  ”Overall it was a sad showing for them.  As a libertarian I do agree with the general concept, but the MT Tea Party is working for a nanny state with the LDS church on cannabis regulation.”  Mr. Daniels held a sign that read “SB423, Welcome Back Blackmarket”.

The Bozeman and Helena stops on the bus tour Thursday afternoon were also attended by a sizable group of protesters.  Friday’s stops include Kalispell, as well as the liberal university city of Missoula.  Similar events in Florida last week drew smaller than expected crowds. Perhaps Americans for Prosperity, a conservative group funded by the libertarian Koch brothers, should do a little research on their prospective speakers. I’m pretty sure that a speech by Republican Representative Mike Miller wouldn’t have drawn such opposition.

Most of those in attendance cited the need for jobs in Montana.  Note:  McGillvray, Kerns and Essmann all voted to eliminate the thousands of jobs in Montana’s medical cannabis industry.  Times certainly have changed since the last conservative bus tour stop in Billings. When then-GOP chairman Michael Steele brought the “Fire Pelosi” bus tour to Billings prior to the 2010 elections, hundreds of smiling and cheering supporters attended the event and I don’t recall seeing even one protester.  If only we had known then what sort of fools we were electing to represent us.

Montana’s Office of Political Practices is reportedly understaffed and overworked… one would think that smaller government advocates would refrain from wasting limited resources on petty complaints, but then again, we are talking about Eaton and Olsen.  Olsen  filed to run in a thankfully contested race for Billings City Council ,Ward 5 shortly after being soundly defeated in a bid to become vice-Chair of the Republican Party.

Prior to his election, Obama had a reasonable outlook on medical marijuana

“I don’t think that should be a top priority of us, raiding people who are using … medical marijuana. With all the things we’ve got to worry about, and our Justice Department should be doing, that probably shouldn’t be a high priority.” — June 2, 2007, town hall meeting in Laconia, New Hampshire

“You know, it’s really not a good use of Justice Department resources.” — responding to whether the federal government should stop medical marijuana raids, August 13, 2007, town hall meeting in Nashua, New Hampshire

Nearly year after Obama was elected President, his administration, with great fanfare; released the Ogden memo. The memo essentially informed US Attorneys that the US government wouldn’t be focusing federal resources on the prosecution of individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.  As a result of this policy shift, the number of legal medical marijuana patients increased substantially in states allowing the use of medical marijuana.

On February 1, 2011, US Attorney Melinda Haag sent what is now known as the “Haag Memo”, to John Russo, Oakland City Attorney in response to Russo’s request of clarification of the federal stance. From the memo:

We will enforce the CSA (Controlled Substances Act) vigorously against individuals and organizations that participate in unlawful manufacturing and distribution activity involving marijuana, even if such activities are permitted under state law…. . ….Others who knowingly facilitate the actions of the licensees, including property owners, landlords, and financiers should also know that their conduct violates federal law.

Although hardly publicized, the Haag memo is consistent with federal action the following month:

On Wednesday, for the second time in this year, the Obama administration released a memo on  medical marijuana, the text of which can be viewed here.  This memo purports to provide clarification of previous memos yet seems more like a warning to anyone involved in any level of cannabusiness.  The text of the memo seems to acknowledge that state-sanctioned use of medical cannabis is alright, but good luck obtaining it, because the federal government is waging a war against those who grow it.  This clarification certainly clears things up.

Americans were accustomed to raids under the Bush administration, but Obama promised a different approach, giving a very false sense of security to cannabis patients.  In reality, Obama is on target to in four years, double the number of raids under 8 years of the Bush administration.  At least Bush’s actions were consistent with his words.  Some are speculating that US Atty Holder or rogue US Attys are acting without authorization, but launching raids IS policy and the number, scope, and focus of these violent raids suggests that they are orchestrated from the top.

How’s your badass president now?  I’ve had enough “change“  Perhaps it is time for a President whose actions are consistent with his words, has a decades long history of consistent messages and dedication to individual liberties, constitutional government and sound monetary policy.  Or maybe not.  Maybe you prefer wondering if federal agents will gun down your children as well as your dogs in the next early morning raid.  H.R. 2306, the Ending Federal Marijuana Prohibition Act is currently in Congress.  To urge your Representatives and Senators to support this historic legislation, use this handy web form.

Despite Essmann’s confident assertion that his new black market marijuana law is entirely constitutional, Judge Reynolds today issued a ruling today temporarily striking nearly all of the components of the law the MTCIA  considered unconstitutional, overly burdensome, or entirely unreasonable. The ruling places patient access and provider ability somewhere in the murky area between fully upholding Montana’s new medical marijuana law, SB423 which was set to take effect July 1 and temporarily nullifying the legislation in its entirety. Available here, the ruling in favor of the medical marijuana industry, successfully enjoined several provisions. Three of those provisions were voluntarily ceded by the state during the  legal proceedings last week (patient limits, warrantless searches, and the ban of advertising).  The others are as follows:

The Good

• Providers can thankfully still charge patients for their medicine. SB 423, cannabis donation legislation, required that providers receive no compensation of any sort.  The judge found this expectation unprecedented.   “The court is unaware of and has not been shown where any person in any other licensed and lawful industry in Montana – be he a barber, an accountant, a lawyer or a doctor – who, providing a legal product or service, is denied the right to charge for that service or is limited in the number of people he or she can serve,” Reynolds wrote.
• No board of medical examiners investigations for physicians recommending cannabis to 25 or more patients in a 12 month period. SB 423 required doctors to pay for their own mandatory investigations after recommending 25 or more patients in a year.
• Unannounced searches:  This component was ruled unconstitutional and providers and patients will not be subject to the warrantless searches required by SB 423.
• Advertising ban: This was ruled unconstitutional and will not take effect July 1.  Caregivers/providers are still able to advertise.  I wouldn’t advertise at this point, however; as I believe laying low is rather important during this transition period.
• Patient limits: This component has been stricken.  Providers are free to have as many patients as  they desire. (SB 423 called for 3 patients maximum)

• To those on probation:  Probationers’ cards apparently are now void until we are able to obtain the signatures to repeal this law.  The faster we accomplish this feat, the more quickly we can suspend ALL of SB 423, not just the components ruled unconstitutional today.  If you have the resources, I’d suggest looking into a lawsuit to ensure the same health care access as other Montanans.  Keep in mind, I’m not an attorney however and cannot give legal advice.

Recent research has suggested that in predicting elections, social media presence is at least as important if not more than the amount of money raised by candidates. Now that the governor’s race in Montana has been elevated to Politico’s most competitive in the nation,  I decided to examine the use of social media by a few of the GOP’s Gubernatorial candidates. I’ve included promotional videos for each candidate, links to their social media accounts as well as an opinionated unbiased assessment of overall performance.

Rick Hill 

Viral ads: Hill’s campaign has been fraught with controversy thanks to a scandalous past brought to light by a concerned conservative friend of Ken Miller, prompting Mermaid-gate and our third most-viewed post of all time.   Hill’s Mr Rogers-esque promotional video betrays no signs of his wild side, so thank you to whoever was responsible for compiling the sleaze (yes, Nancy Davis, I’m talking to you), effectively making Mr UN seem just a little more electable/desirable than he likely is in reality.  I will leave the family values comments to the Miller camp.   Twitter: Hill has yet to master the art of the tweet and tends to primarily post links to his own campaign’s promotional posts, which is not a recommended course of action, especially because his promotional material is so uninteresting.  Facebook: Hill is off to a slow start, although this is his…. third start? His former Facebook group “A Lot of Folks for Rick Hill” peaked at well under a hundred folks and his handlers changed course a couple of times as a result.  Long-time lobbyist Hill earns an easy grade of Fail for his inability or unwillingness to engage his followers.  His posts are boring and receive very few, if any comments.  I can’t determine whether his posts are his own or from his staff, but let’s just hope they were written by staffers.  There would then be room for improvement.  Overall: Hill’s filter, if applicable; is far too fine to allow any effective engagement let alone posts that demonstrate any level of creativity or wit.  This campaign- even with the added excitement of the mermaid- is utterly soul-less. Verdict: Over the Hill.

Neil Livingstone:

I perused Livingstone’s website and was only able to find a number of national news interviews about terrorism and a dreadfully boring interview by Montana Shrugged so I decided it was in Mr Livingstone’s best interest that I not post a video at this time.  Should his campaign provide us with a promotional video, we’d be happy to post and assess it however. Twitter:  Neil’s tweets comprise an interesting combination of terrorism discussion, cooking/recipes, and political commentary- some of which even is relevant to Montana.  His filter appears to be working properly and his tweets are somewhat frequent.  His recipes offer a glimpse into his personal non-national-terrorism-expert life although many Montanans still may be unable to relate- Morel popcorn, anyone?  Facebook:  This account could use some work.  Livingstone should probably link his Facebook to his Twitter and blog to streamline posts among the outlets-  otherwise it appears that his Facebook account is more of a recipe repository than a Gubernatorial campaign page. I’d also suggest posting more links and statuses that relate specifically to our state. Livingstone’s personal wealth alone makes him a contender but he faces many obstacles in gaining name recognition beyond political junkies and terrorism buffs- if terrorism buffs actually exist, that is.  Nearly a year remains before primary elections in Montana.

Ken Miller:

Viral Ads: The only shocking- or even remotely energizing- component of Miller’s video is found within the youtube view counter-  there have been 1,217 views of this gouge-your-eyes-out-boring piece.  Miller’s overall presentation is dull as is the content.   Twitter: If the Miller campaign has a Twitter account, I’m not aware of it.  This is probably for the best as successful tweets require a level of spontaneity and authenticity that would be difficult for a fledgling Tweeter like Miller to pull off. Facebook: Staff/TEA people regularly post as Miller on his campaign site, as evidenced here.  He engages followers minimally and generally refers those who have questions or comments to his cell phone.  He seems to be doing a good job at physically traveling around Montana as evidenced by the plethora of photos posted from each location on the campaign trail but to me he seems a bit reluctant.  Miller’s supporters compensate for his lack of energy, however.  In fact, one of them sent out this ambitious campaign donation solicitation, complete with a conspiracy theory theme.  Overall: Before utilizing the above-mentioned filter, his campaign should instead employ the use of spell-check.  Considering his lengthy political history, I’m rather surprised by his selection of a rabid tea person as a campaign site administrator.  Engagement with voters is important, even when the issue at hand isn’t one Governor Jan Brewer supports- Miller failed to effectively respond to medical cannabis patients’ questions at a recent event at a gun shooting facility- his wife Peggy instead forcibly interfered with the video recording of his responses.  Miller has much to learn in the world of social media, but with God on his side, he should have no problems.

Corey Stapleton

Viral Ads: Stapleton’s piece is by far the best and I love that it isn’t bloated or ego-driven. This edgy promotional material is consistent with earlier photos released by his camp and it is apparent that he has employed a team of talented individuals to head up his marketing. This video was released last night, but already has over 100 views on youtube and more on Facebook. Twitter: Although Stapleton’s tweets are interesting-  like this one: “Gov Schweitzer wants to sell MT’s coal to China and solve their energy shortages. I want to sell MT’s coal to America, and solve our own.”, they are infrequent.  There is room for improvement here- more in numbers than content.  Facebook: Over 4000 people “like” his page compared to Hill’s paltry 345 and Miller’s 1017.  Little investigation is required to determine why he has 4 times the number of Facebook fans either-  his wall is a pleasant mix of thought-provoking questions and statements with a few personal touches here and there. Stapleton seems accessible and his friends appear engaged.  Stapleton isn’t afraid to make controversial statements and the ensuing debates with his friends are polite and rational.   Overall: Stapleton wins. He appears to handle his own social media (or he’d likely have far more tweets under his belt) and I thankfully wasn’t able to locate any post likely to be written by James Knox.  Friends are engaged, posts are witty, creative and a bit dangerous.

It’s illegal! It is a schedule I substance! It is a gateway drug! It is dangerous and addictive! It is immoral! I find it absolutely abhorrent that anyone places their trust in government.  Are you aware…..

• that the US government used well-known foreign and domestic journalists to publicize propaganda? Don’t even consider believing everything you read.  Always question.
• intentionally mislead and denied treatment to poor black men suffering from syphilis as recent as 1972?
• of the Church Committee? Did you know the CIA utilizes weapons that create heart attacks?  Sounds outrageous, huh?
• that our federal government (CIA) utilized universities and other institutions to conduct illegal and dangerous experiments on unwitting American citizens?

Your government lies to you.  Period.  Regardless of political affiliation, our government serves to feed itself, certainly not to protect us.  We need to stop the partisan bickering and realize that our own government is the enemy.  We are overcriminalizing to justify expansion of law enforcement and tax increases while losing the fundamental liberties our nation was founded upon…. and yet Americans accept it.  Where is the public outcry?

Every 30 seconds another American is incarcerated for a cannabis “crime”.  Yet, in legislative hearings and court proceedings, so many of us blindly accept the words of narcotics officers as truthful.  Mark Long, for instance; is Montana’s Narcotics Bureau Chief.  Although that is his official fancy title, he often testifies on behalf of the Montana Narcotics Officers Association, a non-profit organization of law enforcement officers who aren’t even required to reside in Montana whose mission includes the statement “It is imperative that we, as law enforcement officers, have a better communication network than that of the people we deal with.” I suppose that is referring to criminals? Can we really trust that Mark Long would be honest? Especially considering the likelihood that a large portion of his friends, members of the association he represents would be unemployed as a result of rescheduling or decriminalizing cannabis?  If cannabis providers aren’t seen as credible witnesses because of their “profit-driven industry”, why are officers like Mark Long? Don’t we all protect our own interests?  Doing so, however; under the guise of public safety is inherently wrong and shouldn’t necessarily provide any appearance of truth in a courtroom- or anywhere for that matter.  Working for the government should not make anyone a more credible witness.

Mark Long recently spoke to the Gallatin County Republican Women about the rise in crime rates since Montanans approved the use of medical marijuana in the state in 2004.  A short time later, a preliminary injunction hearing was held on Montana’s new medical marijuana law, SB 423.  In testimony,Long clarified the statements he’d made to the Republican women, which were blatantly false.  He claimed that he was only referring to the increase in medical marijuana crimes in Montana since 2004.  Considering medical marijuana didn’t exist prior to that time in Montana….. hmm. OK.  Mark Long’s postition provides him immediate credibility with a bulk of Montana’s voters, but why is that?

Stockholm Syndrome. The abusive are masterful. They are doing this for our own good, who knows better than the almighty federal government?  The government is addicted to its own bloated budgets.  The self-righteous hypocrites trample the US Constitution while shouting that they are upholding it. In a world where alcoholics and pill addicts thrive, cannabis users are criminals.  The people least able to defend themselves, the ill; are forced to live in fear of their own protectors. The government propaganda machine is so refined that even highly intelligent individuals are lulled into surrendering their rights. Question authority.  It isn’t unpatriotic, it is American.  When we accept  what “authority” claims to be true without demanding proof, we betray not only ourselves, but all of mankind.

Thomas Jefferson once said,

“The man who reads nothing at all is better educated than the man who reads nothing, but newspapers.”

Jefferson’s assessment certainly rings true in Montana, especially when regarding the growing controversy of Montana’s medical marijuana industry and the 62nd legislature’s de facto repeal of a citizen’s initiative legalizing medical use of cannabis.  Irresponsible and disrespectful newspaper headlines continue to read “Medical pot industry group asks judge to halt law“, “Arguments to conclude in medical pot hearing“, We didn’t elect GOP to ax medical pot“, you get the hint.   Is it so difficult to call it “cannabis”? I can’t recall seeing headlines in the same publications crying “Mr. Smith arrested for slinging oxy/dillies/percs/80s/beans/ludes” or “Dr. Doe raided after shooting smack in surgery”.  Regardless of how the media FEELS about cannabis, their job is to report the news, not exhibit incredible bias.

The media also continues to mislead readers with posts like the following, which was taken from KULR8′s Twitter account.

State Senator Jeff Essmann, known for passing the biggest tax increases in Montana history; continues to assert that his legislation removed the profit from the industry, effectively portraying the medical cannabis industry as profit mongering.  Suggesting that the new law makes cannabis providers non-profit entities is a blatant misrepresentation.  The new law essentially eliminates all providers by economically crippling them.  Providers are unable to accept any sort of renumeration for their service.  This means that providers are forced to give away their product, wisdom, time, etc.  Growers cannot be reimbursed for costs incurred with growing (electricity, security, etc), supplies, or equipment. This isn’t a non-profit marijuana law, this is  compulsory NO PAY, medical cannabis donation legislation.This isn’t an attempt to remove the profit, it is a bid to entirely eliminate medical use of cannabis in the state.

From failure to report the actual amount of money seized in federal raids of cannabis providers (in one case, the total was $600 compared to the $1.2 million listed on the warrant) to using slang terms and outright lying to Montanans, our lawmakers and media are complicit and should be held accountable. Do your own research, always question and never blindly accept the media’s version of truth.

In 2009, Montana’s economy was struggling.  Unemployment had nearly doubled while the quality of jobs had declined.  Nationally, the mortgage crisis, bank bailouts and healthcare reform all contributed to the erosion of opportunity in the Treasure State.

While Republicans typically oppose tax increases and reject virtually all new taxes, Jeff Essmann regularly defies party principles in attempts to boost the tax burden to fund government growth. Although such legislation is typically carried by Democrats, during the 2009 legislative session Essmann proposed implementing a local option sales tax. Regarding this additional tax, the senator said “Everybody talks about property tax relief, no one does anything about it – this is my attempt to do so.”  Opponents criticized the legislation as increasing taxes on not only tourists, but potentially all Montanans and the bill eventually died.

Maybe Essmann was only trying to prepare Montanans for the impending fiscal shock of their lifetimes. The senator rewrote HB 658, to mitigate the impact of Montana’s property tax reappraisals which are mandated every six years. The previously revenue neutral legislation was sponsored by Rep. Mike Jopek (D) who actually voted against the bill after Essmann and his committee dramatically modified the piece.  The unpopular legislation passed on the  last day of the session, eliminating the possibility of an amendatory veto and it became law without the signature of Governor Schweitzer.  As a result of the bill, property taxes for many Montanans skyrocketed during this difficult financial time and Essmann conveniently placed responsibility for his own legislation on Governor Schweitzer and Revenue Director Dan Bucks. Essmann compassionately suggested that Montanans utilize reverse mortgages to cope financially, effectively placing the burden on their heirs.

Now it appears Essmann, the owner of a water vending business,  is poised to announce his run at the 2012 GOP Gubernatorial nomination. Montanans- especially Republicans- need to seriously consider whether they are comfortable with the possibility, albeit a remote one; of a tax-lover like Essmann governing the state.  The campaign cycle will no doubt be brutal as the race is already very crowded, already featuring a number of other declared candidates – three more from Yellowstone County alone and rumors of others soon to join.

 And just when I thought I’d recovered from enduring hours of Essmann the Senator’s pompous,dry, slow speech patterns….  I cannot imagine the level of arrogance he’ll display in his attempts to convince Montanans to hire him as the state’s CEO.

 Although a formidable opponent in the bragging department, Rick Hill’s campaign has been plagued by sleazy revelations about his personal life that gained national exposure.  Hill’s “Mermaid-Gate” was responsible in part for Politico raising the rating of the 2012 MT Governor’s race, which is now considered the most competitive in the nation.

Corey Stapleton, a former naval officer who served as Montana’s Senate Minority Leader was recently called the “future of the Republican party” by former US Congressman Ron Marlenee.  Perhaps best known for sponsoring Otter Creek coal development legislation and saving taxpayers millions by replacing the Montana Department of Revenue’s failed POINTS computer system, Stapleton has thus far managed to avoid most criticism.

Ken Miller, who ran unsuccessfully for governor in 2004 (who came in third in a four-way primary, ironically placing only ahead of a democrat), believes we should “reject federalism when harmful to state’s rights” and that “we should stand with AZ Governor Jan Brewer”. The TEA party favorite, Miller lacks the support of mainstream Montana Republicans.

Neil Livingstone has the most interesting resume, but is largely unknown to Montanans.  Rumors have circulated that he is only using this race to increase name recognition for a 2014 run, but sources in his camp deny this. Jim O’Hara, a Chouteau County Commissioner, is an advocate of wind farms and other renewable sources of energy. He is passionate about world hunger and resource management and also lacks statewide name recognition. Keith Winkler, another Yellowstone County Republican, is largely unknown even in Billings, where he resides.

Montana is, as of June 1, 2011; issuing medical marijuana patient cards and renewals under emergency rules written by the DPHHS until July 1 when new regulations under SB 423 take effect. A troubling muddle of statements, clarifications, and retractions, Montana’s medical cannabis program is as confusing as ever and patients are looking for answers. Barring successful legal intervention prior to the new law’s inception, all patients will lose their current caregiver.  The patients who aren’t currently growing cannabis (I-148 allowed patients to grow their own in addition to selecting a caregiver to grow 6 plants on the patient’s behalf) will be forced to suffer needlessly until they either locate a altruistic nanny-approved grower (growers cannot be paid, all product is free) approved by the state or successfully complete the growth cycle of the plant (up to 6 months).

As transparency in the cannabis trade ends, illegal drug dealers across the state are expected to benefit from the new regulations. They are silently celebrating, raising prices, and preparing to retrieve the market share previously lost to the state’s legal medical cannabis industry. Many patients will inevitably turn to this segment of the population out of desperation and necessity.  Some already have after federal agencies began raiding Montana caregivers March 14, 2011. Stoners often find that locating a reliable and trustworthy black market purveyor of illegal substances is challenging so imagine the difficulty for Montana’s average stage IV elderly cancer patient.  Doing business with someone who operates in the illicit underworld presents many challenges which inspire me to offer the advice listed below. Note: Authorities in Montana have most likely provided confidential patient records/information to federal agencies.  At the very least, the state has failed to protect patients when federal agents have seized such records.  The federal government has been very inconsistent regarding marijuana policy and fewer patients are willing to expose themselves to the increased risk involved with becoming a cardholder. 

• Contribute to MTCIA.  Hopefully someday, as a result of the group’s work, you won’t be forced to conduct clandestine transactions in dark alleys.  Considering you are suffering from a debilitating disease, you may be dead by that time, unfortunately.
• Be discrete. If you absolutely must use the telephone, always operate on the assumption that it is tapped.  Don’t text or leave incriminating voice mail messages and don’t save the dealer’s number in your phone as “weed boy”.  If you must include “weed boy” in your contact list, consider using a legislator’s phone number for that contact.
• Be polite.  Don’t complain about the price, you aren’t buying a used car. Blame prohibition, Montana’s 62nd legislature, or specifically, Senator Jeff Essmann for inflated prices.  Don’t be demanding.  Although Montana’s marijuana dealers aren’t typically murderous thugs, there are always exceptions and it is in your best interest to be friendly.
•  Transactions require cash unless alternate arrangements have been made. Have exact change. No money back guarantees, no returns.  Trading for sex isn’t typical in the marijuana world, contrary to the testimony of Montana’s legislators.  When you prostitute yourself for cannabis, you are simply a slut.  Period.
•  If you find a prompt, accommodating dealer who provides a good quality product at an acceptable price, consider yourself fortunate.  Tipping isn’t customary nor is it expected although it could definitely contribute to a copacetic (for some reason many dealers use that word) relationship with your new friend.
• Lower your expectations.  Your experience will be nothing like a visit to your old dispensary.  Your dealer will probably not be punctual, so be patient. You will have fewer, if any; strain choices.
• You may want to invest in a digital scale.  Ideally, the dealer will weigh the quantity in your presence, but if nothing else, weigh it when you get home.
• If you are desperate, one-time transaction drug dealers can be located at jam band (Widespread Panic, The Allman Brothers, etc) shows and festivals.  Vendors often sell delicious medibles (cannabis cheesecake, anyone?) in addition to medicine and cool stoner accessories.  Arrive early (and I’m talking HOURS early) to hang out on the lot prior to the event.  Listen for  the words “nuggets”, “kind bud” , “phatty nugs”, “headies”, etc.  This may be difficult if you are elderly or disabled due to your disease.  Perhaps you could ask a legislator to assist, if this is the case.
• Although possession of larger quantities carries the risk of higher penalties, the fewer transactions you have with a dealer, the better. Except in cases like this.  Often the price is significantly lower in bulk as well.  Montana’s cartel members who have amassed a surplus choose to bury it in a van in their backyard.
• Don’t deal with anyone under 18.  Ever. No matter what he/she is willing to do for just a taste of your medicine.

VOTE for me! for vice-chair of the state republican central committee in June!

So…..I have decided to run for vice-chair of the state republican central committee. I have a lot of ideas that can help unify conservative voters across the state of Montana and I would appreciate your vote at the convention in Butte in June…

So…..I have decided to run for vice-chair of the state republican central committee. I have a lot of ideas that can help unify conservative voters across the state of Montana and I would appreciate your vote at the convention in Butte in June. As one told me, the job is what you make of it, and I’d like to see the Republican party of Montana do BIG things. Including of course, winning every seat up in 2012. Who’s with me?Working on my slogan…..but it’ll be good!  

No matter what my slogan…..I want to win in 2012!  Not just for me but for the future of our state…..and our country.  

You can count on me to be a ‘doer’.  I would appreciate your vote in June!

 

Remember this though?  Eric Olsen, In February of this year, co-founder of Montana Shrugged and Jennifer’s father; said “We are equal opportunity haters.  We don’t like Republicans, we don’t like Democrats.  We are Americans working on American issues.” It does certainly seem odd that nearly every core member of Montana Shrugged is now an officer in the Yellowstone County Republican Central Committee, but perhaps it is only a coincidence. Always controversial, the group seems thrives on publicity, whether positive or not.

Although Ms Olsen sends out mass emails from Montana Shrugged, she also claims that her personal opinions aren’t necessarily those of Montana Shrugged’s. Considering she is a co-founder of the organization, one may assume she aligns herself with the same values, and after all, she was using the organization’s email address, not her personal one.   A complaint filed against the group for their partisan campaign and election activities was dismissed late last year due primarily to media exceptions in Montana law.  The Office of Political Practices is keeping a close eye on the group, according to sources.

“You are scaring the you-know-what out of them with this kind of talk,” veteran Republican lawmaker Walt McNutt said. “This needs to stop and stop now. Stop scaring our constituents and stop letting us look like a bunch of buffoons.”

Forget political ideology, Montanans should be dropping labels and stereotypes and embracing each other in the battle our own federal government is waging against us. Instead we are divided, selectively enforcing components of the constitution to meet political needs.

Gonzales v. Raich, the Tenth Amendment, and Controlled Substances Act

Gonzales v Raich essentially ruled that even intra-state marijuana activity was subject to federal jurisdiction via the Commerce Clause. Federal intervention falls under the category of “powers delegated to the United States by the Constitution” (Article I, Section 8, Clause 3).

While condemning Republicans for their anti-liberty actions regarding Montana’s medical marijuana industry, I’ve noticed frightening inconsistencies in both sides of the political spectrum.  With great frequency I wonder how the left is able to justify their support of national healthcare reform (Obamacare) considering the very decision- Gonzales v. Raich -that made such a mandate possible is also utilized in federal intervention in medical marijuana states.  On the other hand, many conservatives advocated the federal government’s limitless reading of the commerce clause to fight the war on drugs, but now denounce the use of such power to enforce Obamacare…. selective application.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The Constitution provides that the powers of the federal government are limited and specifically defined. Because the Constitution did not give Congress the authority to regulate alcohol, prohibition required a constitutional amendment.  If we are taking a principled stand on limiting the scope of the federal government, we need to do so consistently.  Medical marijuana or socialized medicine, we need to ask ourselves whether allowing the federal government to regulate anything and everything is acceptable to us.  The Commerce Clause is a double-edged sword.

How many Republicans would be willing to enforce the Tenth Amendment when the issue is marijuana? How do Democrats justify involving the federal government in healthcare but not in regulating cannabis?

IRS

New tax mandates and penalties included in Obamacare will cause the greatest expansion of the Internal Revenue Service since World War II, as 16,500 agents will be hired to enforce the law.  The IRS is also harassing medical marijuana dispensaries.  According to Section 280E of the Internal Revenue Code, no deductions or credits can be claimed by businesses “trafficking in controlled substances”. So, medical marijuana dispensaries across the state are being audited and disallowed all  business deductions (e.g., buying marijuana, hiring staff, paying for office space, etc.), essentially taxing businesses out of existence.  Using the IRS to enforce health care reform sounds ridiculous, nearly as crazy as involving federal agencies like the EPA, ICE, DHS, or OSHA in medical marijuana raids.

There has been much media coverage lately of the legal challenge to Senate Bill 423, the new Montana Marijuana Act recently enacted with strong bipartisan support of 113 of 150 Montana legislators. A legal action was filed by the highly paid, hired gun of the millionaire marijuana growers to prevent them from losing their very profitable business model on July 1. A variety of claims have been circulated by those wishing to retain the “Wild West” situation developed under the ambiguous language found in the original act, which set up a system for people to access a product that is still illegal under federal law. It is time to debunk those claims.

First, the proponents for retaining the current mess argue that eliminating the storefront model, which allowed a “caregiver” to provide marijuana to hundreds of registered cardholders, will effectively eliminate all access to the product, as the cardholders will be forced to grow their own, which they are alleged to be incapable of, or be aided by a provider that is limited to a maximum of three cardholders, the “small provider” model.  No, actually, we call this the no-provider model.  No providers of services are willing to do so for zero compensation and a significant financial loss.  Cardholders WILL then be forced to grow their own as access will disappear.  Just in case a few independently wealthy marijuana philanthropists slip through the cracks to utilize this “privilege”, the legislature ensured they could only provide their charity for a maximum of 3 patients.  God forbid a do gooder do too much good. While the old model indeed allowed providers to serve hundreds of patients, an overwhelming majority of caregivers had a very small number of patients- typically only one.  If Montana’s caregivers were forced to become non-profits, they’d be elated.  Profits weren’t an issue in most cases anyway and in non-profit agencies, at least expenses can be paid.  Under SB 423, the caregiver must donate all equipment, nutrients, seeds, etc to the cause – the patient cannot reimburse the grower for their services, time or wisdom. 

Of the 14 states that have approved the use of marijuana by chronically sick or terminally ill people, five states including Alaska, Nevada, New Jersey, Vermont and Washington currently use the small provider model. I am not aware of any evidence that shows that the model used in these other states has denied access to the truly ill.  Montana’s medical marijuana laws, thanks to Essmann’s SB 423 is known as the worst marijuana law in the nation. OK, let’s examine this comparison state by state:

 Alaska: possession of less than an ounce of marijuana is actually LEGAL in the state.  Possession of less than 25 plants is protected under Alaska’s constitutional “right to privacy”.  

Nevada:  First and second offenses of small amounts of marijuana are treated as minor traffic violations.  Affirmative defense is admissible as well. 

New Jersey: Growers are non-profit agencies, not NO pay agencies. Because of its very recent inception, we have no way to know whether NJ’s laws will work. 

Washington: Although caregivers can only serve one patient, they can be reimburse and can GASP! even profit. Affirmative defense is admissible. 

Delaware:  Delaware became the 16th medical marijuana state only less than 2 weeks ago and is in the process of a one year regulatory licensing period before cultivation can proceed.  Using Delaware as an example is ridiculous.

SB423 does not prohibit a card holder who grows his own from paying for assistance so long as the adviser is not a registered marijuana provider, and the advice does not include the act of “cultivation” prohibited by other criminal laws. The point of prohibiting compensation to registered providers was to divorce the cash from the privilege of transporting marijuana around the community, for obvious reasons. Reasonable access and assistance are still permitted.  All “cultivation” is prohibited by other criminal laws, so this is obviously a ridiculous justification.  I find it interesting that Essmann claims that patients can pay for advice though… from anyone other than someone who actually grows marijuana.  I don’t think I’d take FREE advice from a non-grower.  As for those “obvious reasons”, what are they, Jeff? 

There is no constitutional right to access marijuana, although the plaintiffs’ pleadings can be read to make that reach. If the court finds that unregulated access to marijuana is required by the Montana Constitution under the “pursuit of life’s necessities” provision it contains, we may soon see similar claims for other controlled substances such as methamphetamine, cocaine, and improperly used prescription drugs. After all, the argument will go, whose job is it to decide what is medicine and for whom? Prohibition of alcohol required a constitutional amendment, so it could also be argued that there is no constitutional prohibition of marijuana either.  I’d hardly call it a “reach”. Marijuana kills 0 people/year.  Prescription drugs kill far more people than illegal drugs combined.  Whose job IS it to decide what is medicine and for whom, Mr. Essmann?  Since you took on the feat yourself, I assume you think it is your job- as a lawyer or a legislator?  I prefer to make those decisions with my physician, but attorneys are smart too.  Perhaps I will ask my physician for advice if I decide to get divorced.  

As of May 1, a group of 33 doctors in Montana has certified 28,959 patients, or an average of 877 each. Therefore, SB423 prohibits financial relationships between doctors and marijuana growers and requires the Montana Board of Medical Examiners to review whether doctors certifying more than 25 patients a year are following the board’s adopted protocols. There can be no interference in a doctor-patient relationship if a valid relationship does not exist. Of course, nobody cares how many opiate or stimulant prescriptions physicians write, after all, they are big Pharma certified. Don’t forget to mention that the law also discourages physicians from writing recommendations because they automatically trigger investigations at their own expense after 25 patients.  Sounds like as much fun as an IRS audit.  

SB423 dismantles the “Montana cannabis industry” but preserves reasonable access for legitimate cardholders to a substance that, I must remind everyone, remains illegal to possess and distribute under federal law.  I guess our definitions of reasonable differ.  I’ve suggested to my patients that they seek the advice of black market drug dealers who operate in dark alleys to protect them from our oppressive government.  After all, when state authorities cannot legally arrest medical marijuana growers, they simply hand over all relevant information to federal agencies. Don’t believe me?  Just wait until you read about the raids Lee Enterprises has yet to publish… or just wait for a knock at your door.  The feds have patient records in hand now.  Blame legislators like Jeff Essmann.  

US House and Senate leaders have reportedly reached a bipartisan agreement to extend the Constitution-shredding Patriot Act after conducting shady back room meetings devoid of public input.  Although the votes were largely symbolic, both Montana’s senators voted no on Patriot Act cloture which passed 74-8. America massacred our boogeyman and through that process proved that we are capable of capturing and killing our enemies without trampling on the rights and privacy of our own citizens. Perhaps when Americans realize that the Patriot Act has been used primarily to rob and imprison American drug dealers instead of terrorists,  they will protest. Any doubt over which war the Patriot Act is actually fighting is erased after reading that in fiscal year 2008, 65% of all “sneak and peek” requests were drug cases and out of the total number (763) that year, only THREE of them involved terrorism.  The “War on Terror” was nothing but the vehicle for invasive policy changes to escalate our nation’s failed “War on Drugs” and 9/11 was the excuse.  No wonder the truth movement exists.

For those of you who don’t use marijuana and thus don’t care about what is happening in your country and your state as long as it involves cannabis, you may want to consider briefly what Ben Franklin said about sacrificing liberty for the sake of security. Someday it won’t be marijuana, maybe it will be your religion or God forbid, your firearms, but someday, YOU may hear a knock at the door from a heavily-armed team of friendly law enforcement officers who shoot your children’s pets, all in the name of public safety.

We currently  have a President who promised his administration would stop raiding medical marijuana facilities in states where medical cannabis is legal yet is on track to substantially exceed the number of such raids under the previous administration. Don’t expect such customary procedures as being able to read a warrant presented to you either- after all, you are guilty until proven innocent and will be treated as a serial killer until you are convicted- if you are ever even charged with a crime.  If you aren’t, no worries; the federal government will smash and grab as much as they possibly can, seizing every asset connected to you.   That way, you will have no way of hiring an attorney in your defense if the feds change their mind about charging you.

Montanans currently have a governor who “held his nose” to allow a bill (SB 423) he considered “unconstitutional on its face” to become law, thus expanding Montana’s black market drug market and eliminating safe cannabis access for our state’s ill.  Knowing the flawed legislation would likely be caught up in legal battles does not justify the governor’s inaction.  This battle will be long, difficult and expensive.

Montana’s legislature, whose members bragged about deleting the emails of cannabis proponents before even opening them sought to overturn the will of Montana voters countless times in the 2011 session.  Legislators scolded us for being in bad crowd, told us we were wrong in 2004 and declared that the use medical marijuana was similar to combining valium with arsenic .  Our leaders seized any opportunity to compare Montana’s medical marijuana industry to the  natural disaster du jour (Hurricane Katrina, Japan Tsunami) Our state is now faced with its own natural disaster.

Speaker of the House Mike Milburn: “We’re not talking about the dikes holding back the water anymore, we’re talking about how do you rebuild the city.”  This time, we aren’t talking about medical marijuana and we aren’t talking about Hurricane Katrina.  We are talking about Montanans in need- something Milburn doesn’t seem to care about.

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Democracy is under attack in Montana and we need everyone’s help to stop it!

This year in Montana, for the first time in our state’s history, our state legislature voted to overturn a voter Initiative. Int. 148 was voted in 2004 with 62% of voters voting for it. Keep in mind 62% is approximately 270,000 votes, in a state with less than 1 million people. That is a significant achievement and a true example of democracy and the will of the people at work!

Do you believe in the democratic process? Do you believe your state legislature has the right to supersede the will, intention and votes of the people in your state or any other? How do you feel about personal choice? Or the right to privacy? Do you believe people should be free to live their lives free from government intrusion?

Will any of those beliefs change when I tell you Int. 148 was Montana’s Medical Marijuana Act?

Our law was attacked by outside special interest groups based out of California. Politically timed federal raids, suspiciously coinciding with legislative votes, were deployed. Our state law was under attack and our legislators were helping to lead the charge. Senators and their wives, as well as State Representatives, chaired and ran this group that was opposing our rights and our votes. Their connections allowed them what seemed like unlimited access to lobby throughout the capital all session, without the constraints and the rules and processes the “regular” lobbyists needed to follow.

While our governor vetoed an outright repeal bill, we were left with a law that would essentially leave legitimate patients without safe access to their medicine, or even to a doctor’s recommendation. A bill that make providers provide medical cannabis for free, for no more than 3 people, after they are made to identify themselves to the FEDERAL Government as a provider, via fingerprint and background check submitted to the FBI. ( Yes, you read that correctly – to provide free medical cannabis in Montana you would need to tell the FEDERAL government you will be doing so)
(The full version of SB423 can be read here http://data.opi.mt.gov/bills/2011/BillPdf/SB0423.pdf )

To help fight this horrible legislation and the blatant attack on Montana’s democratic process, the Montana Cannabis Industry Association emerged. http://www.mtcia.org/
This is a grassroots organization fighting for the rights of patients, providers and voters across the state. The battle will now be waged in the courts and through a voter referendum signature-gathering petition. This is once again, the will of the people at work, trying valiantly to preserve “…by the people, for the people…”

It is for this reason I am writing. We urgently need financial backing from all supporters of democracy.
Even if you do not live in Montana, the outcome of this battle may very well affect your state laws.
If we are defeated in our attempts to stop the overturning of a law the PEOPLE saw fit to put into place for themselves, it opens the door for this assault on state’s rights to be waged in your state as well.

This battle is not just about medical cannabis and a patient’s right to choose what they put into their own bodies. It is about democracy. It is about the will of the PEOPLE to make their own laws in the states in which they live. It is about stopping those in Legislative power from changing the will and intent of the people in favor of their own personal beliefs or those of special interest groups. It is about taking back our rights as individuals and as Americans.

Whether you live in Montana or elsewhere, please consider going to http://www.mtcia.org/ and donating. Help take a stand for democracy, personal freedom, personal choice, and the right of the people to enact their own laws and govern themselves.

Thank you,
Elizabeth Pincolini
Billings MT

A search and seizure warrant signed Thursday by U.S. Magistrate Judge Jeremiah Lynch of Missoula authorized federal agents to seize items that are “evidence of the commission of drug trafficking offenses,” including marijuana and hashish, weapons, transaction records and other documents and paraphernalia as well as up to 1.2 million dollars in the business’s account at Mountain West Bank.  Naturally, the case has been sealed, no other details are known.  Let me guess, the government will destroy the plants, keep the money and continue on to the next assault on America’s freedoms.

View News 5′s exclusive video here.

Watch the following clip, anyone recall Obama’s stance pre-election?  How do all of you pro-cannabis democrats like your “badass” President now? He’s on track thus far to FAR surpass the number of Bush administration raids which numbered just over 200 in 8 years.  The Obama administration has raided well over 100 facilities already with almost almost 2 years left in his first term. So much for those campaign promises. So much for that Ogden memo.

Across the nation, the federal government continues its attempts to intimidate elected officials in hopes of influencing state policy.  I wonder why it even tries considering laws made by states obviously matter very little to this gangster government.  Remember the last series of raids in Montana?  They occurred shortly before a hearing on HB 161 on March 14.  According to the public record (although it wasn’t correct), a hearing was scheduled for 1:30pm in Lewis & Clark County regarding MTCIA’s injunction against SB 423.  Today’s raid occurred just prior to 1:30pm.  I’m sure these are just coincidences though.

This guy wants to govern Montana. He won't defend ill Montanans who use medical cannabis, what makes you think he will defend you?

1. Brian Schweitzer    2.  Screwing over the Republican Party   3. The Democrats  4. Montana

For a quarter of a century, cannabis proponents in our nation  have struggled to overcome stereotypes unfairly associated with cannabis.  Montana’s recent regression via the legislature is reminiscent of 1937 or so, progress-wise.  However, we most effectively seek legitimacy and positive recognition by setting good examples, following proper channels, and acting in a civil manner.  I empathize with those who are gravely disappointed.  Some of us will soon be devastated by the actions of  the legislature, physically and financially and as a result, emotions are running high. Some in our group have chosen to ignore all reason in favor of acting like many liberals upon their emotions.  By no means am I trying to tamper our first amendment protections nor am I suggesting we silently allow our rights to be revoked by tyrants, but some of us would be better serving our movement by shutting the hell up.

I’m not a big fan of Governor Schweitzer, although we could certainly have a worse governor.  I won’t defend him but I will grant him a level-albeit very minimal- of respect simply because he is the Governor of our state.  Placing profanity or otherwise crude or offensive language on his Facebook wall, calling him names, or otherwise unsavory behavior doesn’t make much sense.  First of all, he most likely doesn’t care about what you think- if he ever noticed at all.  Second of all, thousands of people read his wall, thus witnessing your activity.  You may believe you are representing only your own opinion, but stereotypes aren’t logical so anyone speaking out is easily lumped in with the industry and movement.  This is why I’m peeved.

I don’t like being associated with Jason Christ and most of you don’t either.  Unfortunately, however; many Montanans associate Jason Christ with us.  He most likely didn’t initially intend to damage the industry so extensively, but it happened. As angry as we are at our elected hacks chastising us and providing “marijuana is like arsenic” analogies, the initial blame shouldn’t fall on them- Our legislators obviously had an agenda- one based on false ideas- but if self-appointed representatives of our industry weren’t publicly boasting about their profits while participating in shady activities, the old stereotypes would have been just that, old stereotypes.  There are unscrupulous people in every industry.  Those in ours simply provided a vehicle for our legislature’s obsession.

We can all agree that there is no shortage of passion associated with either side of the cannabis issue.  Although the opponents currently hold the legislative power, WE HOLD THE TRUTH.  We are bullied by the opposition because they have no other tools.  Knowing this, can we not contrast them simply by being courteous?  I am not directing this lecture at anyone in particular, but I’ve worryingly watched our unity and decorum deteriorate in past weeks.  Egos are out of control.  So is anger.  Fear.  Perhaps each of us should take a deep breath and actually think about our words before verbalizing, typing or posting them.  Ask yourself a few questions, here are a few ideas:

• Will these words hurt others? 
• Will these words be taken out of context or used to hurt me or my industry and movement?  
• Are you setting a good example?
• Am I legitimizing the prohibitionist’s arguments? 
• Are my words part of a solution or the problem?
• What are my true motives? 
• Would Jason Christ post something like this?

In 2004, when Montanans voted to approve the use of medical cannabis, I was an active (if you can call it active) member of the local Republican Women’s group.  Prior to the election, the group began peddling fear and ignorance-based rhetoric-primarily directed at I-148- at a level so extreme, I resigned from the group permanently.  I am not a marijuana user personally and although I did support the issue at the time, I wasn’t intimately involved with the initiative and I really can’t admit with any honesty whether or not the medical law was designed to lead to legalization.   For many reasons as an industry,  we have tried to avoid the legalization issue entirely, but I am going to say it now.  Marijuana should be legal and conservatives should OWN this issue for many numerous reasons…. I won’t, however; hold my breath.

Jobs- The 2010 campaign season was dominated by promises to create a more favorable job climate in our state.  Legalizing and regulating marijuana would create many jobs in numerous industries.   Whether or not MTCIA is successful in temporarily halting SB 423 will have little or no affect on the number of cannabis users in Montana.  Montanans have been smoking pot forever and they will continue to do so regardless of the GOP’s mission to purge the scourge.  Republicans should accept this and embrace the movement.

Fiscal Responsibility/Government Waste- Fiscal responsibility means limiting government expenditures for programs that can be convincingly said to generate benefits in excess of their costs. America’s war on drugs is a miserable- and EXPENSIVE- failure.  In 2009, over 700,000 Americans were prosecuted for marijuana crimes, most (87%) for simply possessing small amounts of the substance.  National Review estimates that approximately 100,000 people are currently imprisoned in the US solely for marijuana crimes. Prior to being arrested, a vast majority of these “criminals” were functioning and taxpaying members of society.  After conviction of a drug crime, many are unable to find work.  In many cases, they enroll in public welfare programs or they turn to crime, either avenue further draining society.  We’ve spent over a trillion dollars on fighting the “war” on drugs- with most of that sum funding anti-marijuana efforts, not meth, heroin, or cocaine.  Considering not even ONE person has died directly from marijuana use/overdose/interaction, wouldn’t rational human beings consider that maybe, just maybe; this isn’t working? Every year, prescription drugs kill at least 300 Montanans, but rarely (except for Bullock’s recent PSAs) do we hear anything about the dangers lurking in our own medicine cabinets. The reality is that over 100 million Americans have experimented with marijuana.  Very few of them actually use it habitually, certainly some do, but that is hardly justification for utilizing the government nanny. Intelligence and logic should still apply, even when we find issues distasteful.  It is truly amazing that  otherwise informed people are influenced so heavily by fear.   It makes sense to reduce budgets on programs that are unnecessary and ineffective.

State Sovereignty-  The Tenth Amendment reads

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

  It required a constitutional amendment to prohibit alcohol and it should for other issues as well.   Regardless of party affiliation, Montanans have an independent streak and most don’t appreciate intervention from the federal government.  Ranchers- Republicans and Democrats-were poised to protect their cattle from wolves, even if that required breaking federal law.  A majority of Montanans want to opt out of federal healthcare reform- and that legislation was written by our own Senator Max Baucus. Montanans said NO to Real ID.  We passed the Firearms Freedom Act, which excludes firearms manufactured in Montana from federal regulation.  Montanans don’t want a nanny.

TEA People- Legalizing marijuana is also a perfect issue for the Tea People- it could easily represent each of the core facets of their “movement”- fiscal responsibility,  constitutionally limited government and free markets.  Throw in one of their favorite amendments- let’s go with the 10th- and we SHOULD have the Mad Hatter’s wet dream.  Montana Tea People, however; are not that interested in liberty unless it adheres to their rather strict religious standards.  The Tea people rant about smaller government and more freedom- marijuana would certainly fall under that umbrella, but no… the Tea people screamed “RINO” at the only Republicans with the balls to vote against the majority.  Finally, drug prohibition is hopelessly inconsistent with allegiance to free markets. Free markets should mean that as long as such practices don’t harm others, businesses can operate as they please and consumers can consume what they want.

The hypocrisy of Montana Shrugged

Safety- While not necessarily a conservative principle, safety is something everyone can appreciate and the Safe Community, Safe Kids repeal group certainly exploited the term, so it is fair game.  If marijuana was legal, it would be regulated and thus, more likely to be safe.  It would be purchased from a reputable purveyor instead of an unscrupulous drug dealer.  The product would meet minimum standards of quality and safety providing peace of mind that you aren’t smoking carcinogenic chemical residue, fungus, or spider mite bodies.  Inflated prices were announced immediately after passage of SB 423.  Remove the prohibition element, prices fall.

Liberty and Individual Freedom- While no party has the monopoly on liberty, they all seem to have a different definition or interpretation of the word.  Only I own my body, the government should have no jurisdiction over what I put in it.  What I do after I put substances in it is another story, but hardly requires federal legislation.

Consider for a moment how we now view these people….

Is this REALLY the sort of legacy conservatives want to leave?

Science/Medical- Science easily justifies the medical use of cannabis as well as affirms the substance’s relative safety for non-medical use.  Compounds in marijuana shrink tumors associated with several particularly deadly cancers and there is evidence that marijuana actually prevents some cancers from occurring. I’m well aware  that as a party, we are proud of our resistance to change.  Advocates across the nation watched Montana’s legislative process intently.  The legislature had the opportunity and the means to create thoughtful legislation representing conservative  and pro-business principles.  Instead, religiosity reigned and Republicans abandoned conservative principles in favor or a religious, big government/control freak agenda. Overwhelmingly they chose the regressive approach and alienated plenty of independents and Republicans as a result.

While it appears there is a fair chance that through the referendum process and key legal challenges, the industry will be able to stop the law until the voters have the opportunity to speak again on this issue in 2012, I feel the need to question the sanity of the GOP leadership.  The GOP-led legislature received a 14% approval rating from Montanans.  Instead of creating stellar- hell,even marginal- legislation to regulate Montana’s medical marijuana program, they  chose to essentially repeal. If marijuana is on the 2012 ballot,  Republicans will have only themselves to blame for mobilizing  liberal voters.  Montana’s Republican legislators, in failure; gave the Democrats the greatest gift of all.  But what do I know?  I’m just a dirty conservative hippie… or something.

Conservatives out there, if you can back up your argument, bring it.  I welcome debate  on this issue because I really want to understand.

In a race already so crowded, one has to question the thought process behind the near-perennial candidate’s move, especially considering the local tea peoples’ propensity for  hypocrisy- and now THIS.

After the most recent-and so successful (where’s that sarcasm font?)- legislative session, led by the Tea people-backed Republicans, Gubernatorial candidates best be putting some distance between themselves and the tea people.  After all, the legislature was only able to muster a 14% approval rating.  From the looks of comments on the latest Gazette piece on the Tea people’s quest to attract city council candidates, tea people disapproval appears to be at an all-time high as well.

For those of you unfamiliar with Ken Miller’s Gubernatorial campaign, one of his biggest fans has created a series of videos.  Here’s a taste.

Are you seeking an avenue to offer an apology, not only to me; but to the thousands of hard-working Montana taxpayers you insulted by calling derogatory names or did you simply make a mistake in requesting my friendship? Considering the number of letters I wrote begging each of you to consider science instead of the tired, fear-based rhetoric you continued to utilize, I find it hard to believe that you aren’t aware of my stance on the issue- unless, of course; you didn’t read any of my letters.  You also must have missed my letter to the editor printed in the Billings Gazette and Missoulian…. don’t worry though, Representative, I didn’t miss yours.

Perhaps you are reaching out to explain why you eliminated jobs for thousands of Montanans.  Perhaps you’ve realized the error of your ways and would like forgiveness.  Most likely, however; you noticed that we have scores of mutual conservative friends, live in the same area, and are both Christian Republicans.  It certainly couldn’t be that we both hold dear the conservative principles of adherence to the constitution, liberty and limited governmental interference in individual lives, could it?

I apologize if I seem a bit snarky, Representative Howard, but sudden, forced unemployment will do that to a girl.  You see, while you were busy dreaming up Valium and Arsenic analogies and recalling stories from nearly half a century ago, I was comforting patients and business owners who were anxious that this “jobs” session, was anything but.  And what could I say?  The writing was on the wall.

I’ve lived in Montana my entire life, Mr. Howard.  Republican or Democrat, we are all Montanans and most of us aren’t appreciative of federal intervention on any level.  I’d be hesitant to entirely discount the previously expendable voting bloc of cannabis patients, users, and business owners.  You see, in 2004; many of them didn’t vote to allow medical use of cannabis. Why?  Because they didn’t vote at all.  In 2012, however; we may have a very different situation.  Across the state, those people are registering to vote in droves.   As a Republican, I cannot understand why our party would desire to mobilize the liberal voter in that way, especially when we otherwise had a great opportunity to capture the governor’s seat.  But what do I know?

I know that the war on drugs funds illegal terrorism.  I know that nobody has ever died from overdosing on cannabis- EVER.  I know our party is failing to attract my generation of voters.  I know that regardless of religious rhetoric, gay people are not going away and allowing their sexuality to remain a felony is bigoted, hateful, and a dreadfully wasted opportunity for Republicans to appear compassionate and cerebral.

Ben Franklin once said that anyone who trades liberty for security deserves neither.  What a shame it is that we’ve gutted the US Constitution in terms of civil liberties, privacy, and property rights as well as allowed bureaucrats to dictate health policy that should remain between a physician and patient… all in favor of a myth.

That said, let me know if you are still interested in my friendship. Should you reconsider, I’m understanding of your reluctance to associate with someone in the “wrong crowd” and will harbor no ill will.  I also pray, Mr. Howard; for your sake, that never are you faced with a debilitating condition unresponsive to traditional pharmaceutical treatments.

Nicole French

HD50/SD25

“Montana voters should be concerned about any group that is selling a schedule-one controlled substance that can raise $50,000 in less than a week,” he said, referring to federal law. “I don’t believe Montana voters wanted to have that kind of activity in the state of Montana.  It should be very obvious that this is no longer about the medicine or the therapy. This is about the money for these people.”

“This is about the money for these people”……. I love being lectured by a politician and attorney about greed.  He is concerned that the cannabis industry could raise $50,000 in less than a week.  What exactly would that entail, I wonder.

• Each of Montana’s approximately 30,000 patients could donate $1.67
• Each of Montana’s nearly 5000 caregivers could donate $10
• Each of our GOP legislators could have done their job at the biennial legislative session and we wouldn’t need the services of attorney Jim Goetz.

I find it so interesting that Essmann mentions that marijuana is a controlled schedule I substance.  Considering he is a fan of ignoring the federal government on wolf protection and Obamacare implementation, one wonders why he is so concerned about the Controlled Substances Act. It is the responsibility and duty of the state Legislature and our governor to protect our state and its citizens from federal intrusion. If our elected officials refuse to defend our citizens from the unconstitutional overreach of the federal government, they need to be replaced.  Our most recent legislative session was led by a Republican/Tea people backed majority focused almost solely on invasive, oppressive bigger government and our populist Governor Schweitzer has expressed his intentions to “hold his nose” as he allows SB 423 to become law.  Oh my.

While I am offended at the implication by Essmann that we are greedy, I’m also reminded that there is no such thing as a free lunch. Most of those sending you emails, blogging, holding meetings and conference calls are NOT paid representatives of the industry.  They are donating their time to this cause and deserve our thanks. I am not comfortable asking anyone for money and I am well aware that most people in the industry are only one harvest away from bankruptcy. I also know very well the costs associated with this business, but unless we are prepared to make unemployment and insolvency part of our plans for the VERY near future, we owe it to everyone involved to put some money where our mouths are. Posting Facebook rants may be liberating, but it isn’t what we need to survive.

I’m begging not only patients, caregivers, and Montanans to donate to this cause, but AMERICANS.  There is far more at stake than simply the medical use of cannabis in our great state, our very liberty is under fire. While disguised as a reform/regulatory bill, anyone who has read SB 423 knows it intends to eliminate the use of medical cannabis in Montana which is in opposition to the will of Montana voters who approved I-148 by a landslide in 2004.

Please go to http://www.mtcia.org/ to assist in preserving Montana’s liberty.  Protect us from the tyrannical religious zealots we unfortunately elected to represent us.   Our goal is $50,000 by the end of today and we are currently short $15,000.  The amount is necessary to retain the legal services of attorney Jim Goetz. On behalf of caregivers and patients statewide, Goetz intends to employ legal actions initially delaying the new law’s implementation as well as  eventually striking down the law in its entirety.  He is the right attorney for this endeavor and we need your help.  Please donate whatever you can, whether it is a significant amount or a few dollars.  The entire nation is watching Montana right now, let’s show them our strength!

It has been said that the trust of the innocent is the liar’s most useful tool.  Montana’s 62nd legislative session hearings were rife with exaggerations, unfounded accusations, omissions, and blatant lies.  No oath is required when testifying before legislative committees in Montana.  Legislators appeared happy sifting through the lies, choosing the very best to repeat in future testimony and closing arguments.  Video and audio archives are available online  in case private citizens are interested in fact-checking testimony and testimony clips are available on you tube as well.    Meet Pat Keim, a Montanan typically lobbying for Big Tobacco companies (like Altria and Philip Morris) who, in testimony on behalf of Columbia Grain of Montana, claims the company is unable to find job applicants who test negative for medical marijuana.  Mr. Keim alleges that 100% of applicants were unable to pass necessary pre-employment drug screenings because of their medical marijuana use.

Montanafesto has received information that Mr. Keim’s testimony is not only misleading, but patently false.  In the last six months, we know of at LEAST 3 people, all from the same Columbia Grain facility in Plentywood, MT; who have passed all necessary drug tests and have been hired by Columbia Grain.   Mike Preemer was hired approximately 6 months ago, Mike Fraiser was hired at the beginning of the year, and Nick Chase was hired shortly before the March 11 testimony Keim provided in the preceding clip.  While Fraiser has since left the company, Preemer  and Chase are current Columbia Grain employees.  In Helena last month, an industry activist confronted Keim about the company hiring Nick Chase. Keim reluctantly acknowledged the hire but justified his testimony, claiming the statistics he used in testimony were completed prior to Chase’s employment.

Keim, whose clients in Montana’s most recent session were Alternatives, Inc (a non-profit corporation providing incarceration and treatment facilities for criminals)  and Columbia Grains International (Montana’s largest international grain exporter) for some reason wasn’t working for his typical Big Tobacco clients this session…. or was he?

Perhaps we should examine Columbia Grain’s great concern for eliminating the option for Montana’s ill to use medical cannabis as treatment for their debilitating symptoms.  From Montana’s Office of Political Practices:

I find it somewhat strange that EVERY bill of concern for Columbia Grains International concerned medical marijuana.  Although in limited capacity, I can appreciate the company’s interest in HB 43, which sought to clarify employers’ rights regarding employees who use medical cannabis, it does seem rather suspicious that none of the bills actually involve grain, exports, or anything agricultural.

Patrick Keim provided testimony that was utilized and repeated frequently by GOP cannabis repeal advocates.  If we can discover THREE employees from only ONE of their numerous facilities across the state who were indeed hired recently, it seems all of Keim’s testimony is suddenly suspect. Out of a total number of employees of the company- a number ranging from 93-100- which varied depending on Keim’s particular testimony, it only requires ONE to blow the credibility of his “100% failure” claims.

If medical cannabis is indeed such a dangerous substance, why do opponents of its use need to exaggerate claims and use fictitious figures to project their points?

When testifying in court on very minor offenses, which likely affect only the person cited for the offense; we must swear before the court to provide honest testimony.  Why do we allow lawmakers to rely on flawed and dishonest testimony to create legislation that affects all of our state’s citizens?  If  safety is our goal, we owe our children and communities policies based on facts- not fictitious, profit-driven, religious, or ignorant agendas.  Montana’s 62nd legislative session was truly a disgrace.

What can we, as private Montana citizens, do to combat this disgrace?  First of all, REGISTER TO VOTE.  If you aren’t certain of your registration status, check here.  

In an interview with Lee Newspapers State Bureau, Schweitzer was highly critical of the GOP-led 2011 Legislature, expressing his disgust for their “squandering”  of Montana’s 90 day biennial legislative session.  He asked,

“Why don’t you just pass something that works, that’s constitutional and that can survive the test of time?” he asked.

A bipartisan interim committee, after months of work, inspired HB 68, sponsored by Diane Sands (D- Missoula).  While nowhere near perfect legislation, it is difficult if not impossible to find patients or growers who would prefer Essmann’s bill to HB 68, which was tabled in committee.  A re-written version of SB 154, a gray bill sponsored by Republican Dave Lewis (and largely preferred by patients and growers) also received little support from the repeal-driven prohibitionist Republicans.  Referring to HB 68,  Governor Schweitzer said ,

“They threw that in the garbage and now they’re going to send me this (SB) 423, which everybody’s who’s read it says, ‘Oh yeah, it’s unconstitutional,’ ” he said.  “The bill as written is not going to survive the courts.”

Montana’s governor, who recently was featured in national news stories for calling Republicans in the state legislature “Bat-crap crazy” and for registering a “VETO” cattle brand with the state (with which he last week ceremoniously killed bills he considered foolish or unconstitutional) isn’t fond of a requirement in Essmann’s bill that requires Montana’s medical cannabis patients to carry their state licensing card with them at all times, regardless of whether or not they are in possession of marijuana.  Patients are also subject to warrantless searches of their homes at any time and names and addresses of those in the program are provided to local law enforcement officials.   Schweitzer believes such provisions to be violations of the 4th amendment, which protects Americans from unlawful searches and seizures as well as the  federal Health Insurance Portability and Accountability Act, or HIPAA.

“if you’re taking OxyContin or penicillin or for God’s sake, even aspirin, that is your own personal health care records,” he said. But HB423 is “demanding” that the fact that someone is using medical marijuana and “be turned over to law enforcement in every town.”

Schweitzer too acknowledged the black market appeal of the legislation,

“There’s another problem with it, and I think it’s a fundamental problem,” Schweitzer said. “Under this bill, I will guar-an-dang-tee-you, that there will be more illegal marijuana (that) makes it to the alley under this proposal than we currently have because now you’re going to have 4,000, 5,000, 6,000 people growing their own. It’s not possible to monitor all of them.”

“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.

A severability clause was included in the bill, which ensures that, in the event of a court ruling striking components of the legislation, other parts of the bill remain viable.  Because of its inclusion, Schweitzer believes that Essmann and other Republicans are well aware that the bill is unconstitutional.

“Why don’t you just pass something that works, that’s constitutional and that can survive the test of time?” he asked.

That sounds far too easy for the TEA people-inspired Montana GOP, however.  This shouldn’t be about politics, it should be about doing the right thing for the segment of the population who Montana’s original medical cannabis law was designed to protect.  In efforts to eradicate all state-sanctioned medical use of cannabis, Montana’s GOP lawmakers for the past 90 days have resorted to tears, lies, and dramatic stories intended to convince the legislative body and public that our state is now considered a “source nation, like Columbia” our youth are prostituting themselves for cannabis, and that caregivers are selling marijuana in middle and high schools across the state.  Oddly enough, there have been no arrests made for any of those particular crimes.

Sponsor of the bill, Jeff Essmann cited recent correspondence with federal officials who “clarified” federal policy  in his bid to save our state from the evils of cannabis.  No word on whether he used such correspondence to ensure Montana is in compliance with federal law regarding wolves or implementation of federal health care reforms however.  We are all aware that the federal government knows best anyway, right?

“Reefer makes darkies think they’re as good as white men.”
- Federal Bureau of Narcotics Chief Harry J. Anslinger, 1929

Republicans in Montana have been hammered by those on the right this session as well as the typical lefty critics after various testimonies  in reference to  blow-dart murders, appropriate state prison sentences for gay recruitment, and the dangers of punishing DUIs were publicized on numerous news programs. While Republicans across the nation- including several GOP presidential nomination hopefuls- are advocating sweeping  marijuana law reforms, Montana’s Republicans are determined to move backwards as they promote their dangerously myopic “morality” agenda.

Obama appears to be particularly hypocritical in his administration’s prosecutions of medical marijuana.  Obama made very specific promises regarding federal prosecution of medical marijuana facilities in states with medical marijuana laws in place.

The White House, in 2009 offered the following statement:

“The President believes that federal resources should not be used to
circumvent state laws, and as he continues to appoint senior
leadership to fill out the ranks of the federal government, he expects
them to review their policies with that in mind.”

Despite numerous vows to the contrary, only days after his inauguration, Obama allowed the DEA to raid multiple medical grow facilities in California and other medical marijuana states.  Since Obama took office, his administration has engaged in over 100 aggressive medical cannabis raids- in comparison to the Bush administration’s total of just over 200 raids…. in EIGHT entire years. When not engaging in raids, the Obama administration terrorizes medical marijuana patients and businesses via the IRS.   Americans for Safe Access, a medical cannabis advocacy organization,  has given Obama a failing grade for his medical cannabis policies.

It appears that Obama considers the cannabis-friendly crowd to be a  politically disposable bloc of voters, and maybe he is correct.  I suspect, however; that if Montanans come out of their cannabis closet- even if only to vote- that our state legislature will look VERY different in the 2013 legislative session. The question is how to effectively mobilize them- doing so has traditionally been a challenge.

Smaller government is a core belief of the Republican party- one would expect that allowing citizens, with their physicians, to choose the health therapy they prefer would fit into the smaller government component, but that isn’t always the case.  While the Republican-led Montana legislature should certainly be blamed for the fate of medical cannabis in the state (a repeal bill masquerading as a reform bill-  Senator Jeff Essmann’s SB 423- is likely on Governor Brian Schweitzer’s desk today), not all conservatives support a nanny-state government.  Milton Friedman’s criticism of the failed war on drugs was based on his devotion to the principles of limited government.  William Buckley, founder of the conservative National Review, supported legalization and mocked silly fear-based rhetoric utilized by prohibitionists.  Glenn Beck, Pat Buchanan, and 2012 GOP Presidential hopefuls  Ron Paul, and Gary Johnson also support legalization.

While Democrats have traditionally been credited with advocating cannabis reform, Obama has shown us via actions and policy that the Democrat Party does not necessarily support cannabis reform endeavors either.   We all need to ask our politicians- regardless of party affiliation and prior to primary elections- specifically how they feel about issues important to us all.

Common sense Republicans, like those of us at montanafesto, have been critical of the legislature since the session began.  A Republican friend working in Helena during the session said “it is frightening that the only ones making any sense in Helena are Democrats”.  Numerous posts via social media outlets summarize the session accurately but the only ones supportive of the Republicans  are typically from the Montana GOP itself or one of its pathetic party loyalists, and even those posts are all but disappearing.    A recent tweet by a Democrat operative said “you know when Rep Ellie Hill and Montanafesto are agreeing on issues, this session has gone off the rails.”  Never in my wildest dreams did I ever expect to have an admin of Left in the West promoting anything (here and here) written by any of our bloggers let alone myself.

The outrage is not limited to Montana bloggers, Tweeters and Facebookers, however.  Even the Republican Liberty Caucus is disgusted with Montana’s legislature.  In a post entitled “Montana Republicans Sell out for Big Government“, the author writes about the Montana GOP:

they are not committed to common sense government at all, but are instead beholden to special interests, corporate socialism, and the nanny state.

Most of the GOP legislators who supported the nanny state-style measures were TEA party-supported.  The TEA party, whose power and size appears to be diminished, likely in part due to this sort of  hypocrisy, should be up in arms about Montana’s Republican legislators, but I haven’t heard a peep from them. In all fairness, that could be in part due to the fact that local leaders blocked me on Facebook after I began questioning their motives and practices.  I believe that  inconsistencies between the TEA party’s stated positions and actions of its leaders are contributing to the decline and ultimate demise of the TEA party.  The defense of liberty will continue, with or without the TEA party.

According to LibertarianRepublican.net

 “Sounding like something straight out of an Ayn Rand novel, a renewable energy corporation out of Canada is pushing legislation to allow for seizure of private property rights in Eastern Montana. The Bill pits small landowners such as ranchers in Eastern Montana, against government-backed corporate interests and many environmental groups in support of renewable energy.”

One exception, Rep. Mike Miller, who was noted with Rep Jerry O’Neill as opposing the big government measures, said via Facebook:

I am surprised by some of the “liberty loving” reps. that voted to repeal and that let their personal anti-drug feelings override their principles for less government and a persons right to control his own body.

A blogger at 4 and 20 Blackbirds, early in the session summarized Montana’s GOP hypocrisy accurately:

The Montana GOP loves them some freedom, but only when its smothered in their own special GOP brand of Freedom Sauce. While they push issues such as setting up local militias, givingsheriffs ultimate local law enforcement authority, giving healthcare providers freedom to deny services to patients because of differing morals, and expanding individual gun rights including no longer needing a permit to carry a concealed weapon; on many other issues currently up for debate in Helena the GOP is proving that they want to curtail local decision-making and even the role that individual citizens play in politics and policy making.

Perhaps the biggest GOP attack on individual freedoms in Montana is the GOP’s push to override voter initiates and weaken the voter initiative process in the future. If Montana voters had passed initiatives banning abortion or abolishing the state’s DEQ I’m sure conservatives would be praising the Montana citizenry’s grounded and well thought out votes.

If nothing else, I’ve grown through this session- not only into a very disgruntled Republican, but also as a blogger and a person. If LITW and even Montana Cowgirl can be in agreement, even if only occasionally, with those of us at montanafesto, there is hope for our state.  I look forward to a day where Rep Ken Peterson-style statements are condemned not only by Democrats or even Peterson’s own Republican Party, but by everyone- as Montanans and as human beings.