Well……DPHHS finally released their FAQ re: SB423

PLEASE folks – do NOT attack them! In my opinion – they are victims too……

If you want to take it out on anyone – let your elected officials who voted FOR it HAVE it! Be sure you check to see who voted how on the Legislative website  – search for HB 161 (Milburn’s repeal bill) AND SB 423 (Essman’s lil lovely the Gov let pass -and cause of many puckered butts and bugged eyes across our great state). AND – be sure to look at ALL of their voting history on these bills – not just the final votes……it’s a strategy game – and the rely on folks being lazy and seeking just the final answer. Please SHARE any efforts you have here on blogpost so folks are not doubling efforts.

If in question as to WHO to thank – and who to never elect again – visit Votesmart.org and punch in your zip code.

You can also visit Montana Drug Policy’s Site. Spend some time here – and contribute what you can – this will be all inclusive come next elections. Get familiar with it – so you can share with others. Also watch for YouTube videos from my channel to be posted with reps as we all find time (Yeah….RIGHT!) to add more as we go……I hope to add all Marijuana legislation for Montana I can to my YouTube Channel.

PLEASE – also – keep in mind – injunctions are being filed to stop law.

So – let’s take a look at this lil lovely and break down the FAQ…..My comments will be in RED of course – as it makes me RED MAD!

Here we go:

There are important changes to the Montana Medical Marijuana Program that will affect you.
These frequently asked questions (FAQs) will provide answers to questions
about the new law and the transition to the new program.
DEFINITIONS:
1.
Marijuana Infused Products Provider (MIP Provider): Means a Montana resident who meets the requirements of the law, and who has applied for and received a registry ID card to manufacture and provide marijuana-infused products for a registered cardholder.
2.
Provider: Means a Montana resident, 18 years or older, who is authorized by the department to assist a registered cardholder (as allowed by law) to obtain medical marijuana.
3.
Registered cardholder: Means a Montana resident with a debilitating medical condition who has received and maintains a valid registry ID card.
4.
Resident: A person who meets the requirements of the law and who does not claim residency in another state or country for any purposes. An absentee property owner who pays property tax in Montana is not resident.
5.
2nd Degree of Kinship (by blood or marriage): Means a mother, father, brother, sister, son, daughter, spouse, grandparent, grandchild, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent-in-law, grandchild-in-law, stepfather, stepmother, stepsister, stepson, stepdaughter, stepgrandparent or stepgrandchild.
6.
Seedling: A marijuana plant that has no flowers and is less than 12 inches in height and 12 inches in diameter.
PATIENTS:
1.
Is the medical marijuana program still issuing cards? Yes. The department will continue to accept new and renewal applications on the current forms until June 20, 2011. New forms will be available on the website by June 20, 2011.
2.
When the new laws take effect, is my card still going to be valid? Yes, Current patient cards will remain valid and will expire on the expiration date printed on the card. Under the new law, cardholders must carry their registry card with them at all times, along with a picture ID. All current caregiver cards will become invalid on July 1, 2011.
3.
Can I renew my card early? Patients can renew their card up to 30 days before the expiration date printed on the card. This means patients can renew early if the expiration date is on or before July 20, 2011 and the renewal form is received by the department by June 20.
4.
Instead of waiting for my renewal, can I pay $25 and get a new card? No. If a patient sends a new application packet but has a current, unexpired, enrollment the application materials will be returned to the patient.
5.
I am not a Montana resident; can I still get a card? No. Individuals must be a Montana resident to apply to be a registered patient or a provider. The new application will require a Montana driver’s license or state issued ID card.
6.
When the new law takes effect, can I keep my caregiver? Effective July 1, 2011 patients will no longer be assigned to the caregiver they have now. Patients will have two options to get their medical marijuana:
a.
Patients can begin to grow their own medical marijuana.
b.
Patient’s can find a person willing to serve as a registered provider to grow and provide marijuana to them for free.  GOOD LUCK! How may I ask? Advertising was killed too!
i. If a patient names a provider, the patient can no longer grow their own marijuana. So you better be good at it, have the TIME to grow it (life expectancy or work schedule if so blessed to be able to work), and all the resources and knowledge AT HAND.
7.
Where can I get materials and marijuana seeds or cuttings to get started? The department does not have information about growing marijuana, but recommends using the internet, family and friends as resources to find information. EVEN THOUGH providors are not allowed to advertise – and who could afford to anyway? GREAT WAY to shut up a political or educational voice……So much for Freedom of Speech!
8.
Can I have the same number of plants as I do now? No. Effective July 1, 2011, patients will be limited to 12 seedlings (<12”), 4 mature flowering plants, and 1 ounce of usable marijuana. If patients assign a provider, they cannot grow for themselves.
9.
Can I keep my card if I have a chronic pain diagnosis?
a.
All current patient cards remain in effect until the expiration date printed on the card.
b.
Upon renewal, if a patient has a diagnosis of chronic pain, the patient’s doctor must state that the pain is persistent and severe and can be proven by necessary and relevant x-ray, MRI or other diagnostics; OR.
c.
A second physician may confirm the chronic pain diagnosis, after performing a physical exam if the patient’s first physician did not order diagnostic testing.
10.
If my spouse and I are both patients, can we both grow marijuana in our home? Patients cannot grow marijuana or produce marijuana infused products at a location that is shared with, rented to or leased by another cardholder, unless individuals are related by the second degree of kinship. For example:
a.
A husband and wife, who are both patients, can grow for themselves in a home they share.
b.
Roommates who are both patients, but are not related, cannot grow for themselves in the home they share. SEE THAT ONE? Multiplies grows like RABBITS – IF so lucky to qualify…….
11.
If I grow my own marijuana, do I need to have a background check? Will my name be on a list given to law enforcement? No. If patients are growing medical marijuana for their use only, they do not need to have a background check and their name and address will not be on a list given to law enforcement. BAIT – Better to be a Patient – than a Providor…..by gosh – that thar providor has just GOT to be a ROTTEN person if they go so far as to pay all the wicked new fees and do it all for FREE!
12.
My minor child is on the registry, will his/her card still be valid under the new law? Yes, the card will be valid until the expiration date. The new requirements for minors take effect on July 1, 2011. If you renew your child’s card after June 20, 2011, it will be under the new program – and good luck with that……it’ll be hard enough to find a Dr for an ADULT nonetheless a child……
13.
Do I need to sign up as a provider in order to be the marijuana infused products (MIP) provider for my child? Yes. You will need to submit a provider application packet and an application fee to the department to become a MIP provider for your minor child. See the provider section for more information. OH – just WAIT….it’s lurking below – waiting to make you vomit…….
14.
Does the new law require two physician recommendations for a minor child? Yes, upon renewal (or for a new application submitted after June 20, 2011) minors must have a recommendation from two physicians in order to be on the registry.
CAREGIVERS:
1.
When do the new rules for caregivers take effect? July 1, 2011, caregiver’s cards will no longer be valid so they can no longer sell medical marijuana to patients. Individuals must register with the department as a provider if they wish to provide marijuana to patients. And the hunt for the scourge will ensure – the “cleansing” as it was called……
2.
Do I need to destroy my plants? If caregivers do not register as a provider under the new rules by June 30, 2011, they must take plants and any other medical marijuana products to local law enforcement. If the caregiver is also a registered patient, they may keep 12 seedlings (<12”), 4 mature flowering plants, and 1 ounce of usable marijuana for themselves. Lol…….I don’t think local law enforcement has a CLUE about this. Ol Sheriff Dutton just last Tuesday May 10, 2011 asked me how this lil bill affected him. I didn’t realize they were having local law enforcement receive it all……..Ol Sheriff Dutton is gonna take a week to poke HIS eyeballs back in his noggin!
3.
How many patients can I serve under the new law? Providers are limited to serving no more than two other patients, if the provider is also a registered patient. Providers who are not patients can provide medical marijuana for up to three other people. Ahem…..for….FREE!
4.
Can I be a provider and a marijuana infused products provider? Yes, however registered providers who are also marijuana infused products providers are still limited to serving only three patients, or two if they are also a patient. For FREE with EXTRA rules to kick you in the teeth!
5.
How do I sign up to be a provider? If I am INSANE enough to want to In order to become a provider, individuals must first be named by a patient, as their provider, on the patient’s application. Individuals who are named by a patient must submit an application packet to the department along with a check or money order for the amount of the fee. The provider application now requires a fingerprint background check.
a.
New fee information and a new provider application will be available on the department’s website by June 20, 2011
b.
Until October 1, 2011, individuals can register to be providers without submitting the fingerprint background check.
c.
All registered providers must have submitted their fingerprints to the department by October 1, 2011. WTH does b and c mean? UNTIL Oct 1 you can register without fingerprint background check – but you must have submitted your fingerprints BY October 1, 2011 if you are registered?
d.
The proper forms and the procedures needed to submit fingerprints to the Department will be posted on the website before July 1, 2011.
e.
After October 1, 2011, providers must pass a fingerprint background check before becoming a registered provider.
6.
What are the limitations for being a provider? Approval as a provider will not be granted if there are any drug convictions (felony or misdemeanor) or any other felony conviction in the applicant’s background history. Providers must also attest on the application that they:
a.
Do not owe any back taxes, interest, penalties or judgments to any government agency;
b.
Are not in default on a student loan;
c.
Have not failed to pay child support. YIKES! I bet folks were PAYING these very same debts BEFORE this bill!
7.
What can I charge for serving as a patient’s provider? Providers cannot accept anything of value, including money, from patients for their medical marijuana. There are two exceptions. If the provider is submitting the patient’s application paperwork to the department, they can be reimbursed by the patient for the registration or renewal fee. The provider can also be reimbursed, by the patient, for the provider’s registration fee. AND – I bet you had better document that with a TRIPLICATE form – notarized by the Governors staff……
8.
What about a provider’s initial start up costs for lights and materials; or the cost of production such as potting materials, nutrients, or the electrical costs? Providers cannot accept anything of value, including money, from patients for any costs associated with the production of medical marijuana. – NADA – NOTHING – ZIP – ZERO – ZILCH
9.
Are there special rules or considerations specifically for Marijuana infused product providers? Yes. Marijuana infused products providers must use dedicated cookware used only for producing marijuana infused products. The cookware cannot be used for general household cooking and is subject to local health department food preparation rules. OH – and just WAIT til you get a load of THOSE rules…….for folks SO OPPOSED to smoking – they sure made it IMPOSSIBLE to do anything BUT! IF you can get it that is…..IF you can qualify…….IF it’s even worth some folks time and trouble……
10.
Are there limitations in the law on where a provider may grow marijuana or manufacture infused products? Yes. Providers cannot grow marijuana or produce marijuana infused products at a location that is shared with, rented to, or leased by, another provider or another registered cardholder. This means a provider cannot grow marijuana in a home that is shared by the provider and a patient. However, patients who live together can grow for themselves in a home they share if they are related by the second degree of kinship. For example:
a.
A husband who has been named and approved as a provider cannot grow in a home shared with his wife, if she is also a registered cardholder. – So what? Divorce?
b.
Both husband and wife could grow for themselves in a home they share if neither is a registered provider and are both registered patients. Ah! That’s it……so much for being able to help OTHER family members! For FREE no less!
11.
What are registered providers’s growing limitations? Providers will be limited to 12 seedlings (<12”), 4 mature flowering plants, and 1 ounce of usable marijuana in possession per approved patient.
15. Where can I get materials and marijuana seeds or cuttings to get started? The department does not have information about growing marijuana, but recommends using the internet, family and friends as resources to find information. Yeah….it was all DESTROYED in July – all the science – quality – safety – and high CBD strains. Might as well find yourself some mexican schwag….it’s all that will be available. Hope you live through unknown grow procedures – imported from Mexico!
12.
Will my name or address be on a list given to the police? Local law enforcement will be notified of the names and grow locations of providers. The location will be subject to unannounced inspection during normal business hours. Woo-Hoo! Bet ol Mark Long and Mike Batista had a BIG hand in THAT one! Bring in the FEDS! We need MONEY! Oh – wait – it’ll be free – so – they’ll need weed. Gotta feed the hypocrisy we ALL know exists!
13.
Do I need to keep records even if I am not making any profit? Providers must keep records of all transactions with cardholders. This record is subject to inspection by law enforcement and the Department of Health and Human Services. EVEN IF you are too poor to keep them because you had to use your last scrap of paper to wipe your ass!
14.
Do I have to pay to be a provider? There will be a fee to register with the department as a provider. This fee must cover the cost of handling the application and the fingerprint background check. Information about new fees will be on the medical marijuana website by June 20, 2011. Guesstimated to be approximately $500/year. Don’t quote me on that….it’s a guesstimate……
15.
Can I advertise to let people know I am willing to be a provider? Advertising of any kind (including electronic media) is prohibited, effective on the bill’s passage. HA! So much for that Internet recommendation eh? OH – what about my Freedom of Speech? Isn’t that a CONSTITUTIONAL RIGHT? What about Education? OH – WAIT – Thaaaaaaat’s RIGHT – we don’t WANT you to be educated in Montana!
PHYSICIANS:
1.
When do the new rules for physicians take effect? The new requirements for physician’s statements take effect on July 1, 2011. However, the department will stop taking new applications with old physician’s statements on June 20. If a patient cannot reasonably expect to submit their paperwork to the department by June 20, the patient will need to submit the new doctor’s statement and will be subject to the new requirements. New forms will be available on this website by June 20, 2011.
2.
What about my current patients, who I have written recommendations for? Current patient cards will expire on the date printed on the current registry ID card.
3.
Have the debilitating conditions, for which I can recommend medical marijuana for my patients changed? There are several more debilitating conditions for which you can recommend medical marijuana. The full list is:
a.
Cancer, glaucoma, positive status for human immune deficiency syndrome when the condition or disease results in symptoms that seriously and adversely affect the patient’s health status.
b.
Cachexia or wasting syndrome
c.
Severe, chronic pain that is persistent pain of severe intensity that significantly interferes with daily activities as documented by the patient’s treating physician
d.
Intractable nausea or vomiting
e.
Epilepsy or intractable seizure disorder
f.
Multiple sclerosis
g.
Chron’s Disease
h.
Painful peripheral neuropathy
i.
A central nervous system disorder resulting in chronic, painful spasticity or muscle spasms.
j.
Admittance into hospice care
4.
Are there new requirements for the chronic pain diagnosis? Yes. There are two options for
certifying a chronic pain diagnosis:
a.
The physician must attest (on the new doctor’s statement) that the patient’s pain is persistent and severe and can be proven by relevant and necessary diagnostic tests such as X-Ray, CT scan, or MRI. OR;
b.
A second physician, after conducting a physical examination of the patient, is required to confirm the chronic pain diagnosis; if the primary care physician has not completed the relevant and necessary diagnostic testing.
5.
Will there be a cost associated with a physician’s practice for making patient recommendations? There will only be a cost to the physician if the physician is reviewed by the Board of Medical Examiners (BoME). The physician will be reviewed by the BoME if the physician certified twenty-five or more patients to use medical marijuana in a twelve month period. To the tune of $1,000 – is that PER 25 patients – or is the 25 patients a one-time thing?
6.
Who do I contact at the state for information about the review of my practice? Contact Board of Medical Examiners at http://bsd.dli.mt.gov/license/bsd_boards/med_board/board_page.asp or 406-8412393. Self Policing???
7.
When will patient forms change? Where will I find the new department physician forms? New forms for physicians, patients and providers will be on the Department website by June 20, 2011.
This document is only a summary and is not a legal opinion. Interested persons are encouraged to read SB423 in its entirety.

Yes – only a summary folks…….but the most pertinent things are exposed.

The tender underbelly of Medical Cannabis patients across Montana – present and future……if there will ever BE any future patients under this law…….

Time to kick ass folks………

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Comments
  1. All that great video footage you have would make such a wonderful contribution to something like the Daily Show. It would be so fun to publicly humiliate these liars. I mean you could make your own cult classic like “Reefer Madness” from all that footage.

    Thanks for all great work for the cause.

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