Key Votes
SB 423 - Therapeutic Marijuana Act - Key Vote
Montana Key Votes
Stages
- May 13, 2011 Became Law Without Governor's Signature
- April 28, 2011 House Conference Report Adopted
- April 28, 2011 Senate Conference Report Adopted
- April 28, 2011 House Concurrence Vote Passed
- April 28, 2011 Senate Nonconcurrence Vote Passed
- April 28, 2011 Executive Vetoed
- April 27, 2011 House Conference Report Adopted
- April 27, 2011 Senate Conference Report Adopted
- April 13, 2011 Senate Nonconcurrence Vote Passed
- April 12, 2011 House Bill Passed
- March 31, 2011 Senate Bill Passed
- March 23, 2011 Introduced
Family
Issues
Stage Details
Legislation - Became Law Without Governor's Signature (Executive) - May 13, 2011
Title: Therapeutic Marijuana Act
Legislation - Conference Report Adopted (House) (78-17) - April 28, 2011
Legislation - Conference Report Adopted (Senate) (35-15) - April 28, 2011
Legislation - Concurrence Vote Passed (House) (90-9) - April 28, 2011
Legislation - Nonconcurrence Vote Passed (Senate) (30-20) - April 28, 2011
Legislation - Vetoed (Amendatory Veto) (Executive) - April 28, 2011
Title: Therapeutic Marijuana Act
Legislation - Conference Report Adopted (House) (70-30) - April 27, 2011 (Key vote)
Title: Medical Marijuana
Vote Smart's Synopsis:
Vote to adopt a conference report that authorizes licensed individuals, businesses, and organizations to provide marijuana to individuals with medical conditions for therapeutic use, effective July 1, 2011.
Highlights:
-Authorizes the Department of Public Health and Human Services to issue registry identification cards for the use or provision of therapeutic marijuana to Montana residents who (Sec. 3):
- -Have been diagnosed with a debilitating medical condition; or
-Have been named as providers of marijuana or marijuana-infused products by persons who obtain registry identification cards for their debilitating medical conditions.
- -Written certification and accompanying statements from the individual's physician;
-A statement pledging not to divert marijuana to anyone who is not allowed to possess marijuana; and
-Proof of Montana residency.
- -Require the patient to remove the marijuana from the premises, if he or she is able to do so, before being admitted;
-Contact the patient's provider or marijuana-infused products provider; or
-Contact the local law enforcement agency.
- -Health care facilities;
-Schools or postsecondary institutions;
-School buses or other forms of public transportation;
-Correctional facilities;
-While in control of a motor vehicle, aircraft, or motorboat;
-In or on the property of a church, synagogue or other place of worship;
-Public parks, beaches, recreation centers or youth centers; or
-In plain view of the general public.
- -Government medical assistance programs, group benefit plans, or insurers to reimburse a person for costs associated with the use of marijuana by a registered cardholder;
-Employers to accommodate the use of marijuana by a registered cardholder;
-A school to allow a registered cardholder to participate in extracurricular activities; or
-A landlord to allow a tenant who is a registered cardholder, provider, or marijuana- infused products provider to use or cultivate marijuana.
Legislation - Conference Report Adopted (Senate) (33-17) - April 27, 2011 (Key vote)
Title: Medical Marijuana
Vote Smart's Synopsis:
Vote to adopt a conference report that authorizes licensed individuals, businesses, and organizations to provide marijuana to individuals with medical conditions for therapeutic use, effective July 1, 2011.
Highlights:
- Authorizes the Department of Public Health and Human Services to issue registry identification cards for the use or provision of therapeutic marijuana to Montana residents who (Sec. 3):
- Have been diagnosed with a debilitating medical condition; or
- Have been named as providers of marijuana or marijuana-infused products by persons who obtain registry identification cards for their debilitating medical conditions.
- Limits the possession of marijuana by a registered cardholder to no more than 4 mature plants, 12 seedlings, and 1 ounce of usable marijuana (Sec. 10).
- Restricts eligibility for registry identification cards to individuals who have submitted certain items including, but not limited to, the following (Sec. 4):
- Written certification and accompanying statements from the individual's physician;
- A statement pledging not to divert marijuana to anyone who is not allowed to possess marijuana; and
- Proof of Montana residency.
- Requires that registered cardholders, providers, and marijuana-infused products providers keep their identification cards in their immediate possession at all times and display them, along with valid photo identification, upon demand of a law enforcement officer (Sec. 8).
- Requires health care facilities to perform the following, in the order listed, when a patient who is a registered cardholder has marijuana in his or her possession upon admission to the health care facility (Sec. 9):
- Require the patient to remove the marijuana from the premises, if he or she is able to do so, before being admitted;
- Contact the patient's provider or marijuana-infused products provider; or
- Contact the local law enforcement agency.
- Requires a law enforcement agency contacted by a health care facility to remove and destroy the marijuana (Sec. 9). -Prohibits the use of therapeutic marijuana by any person, including a registered cardholder, in certain locations and situations including, but not limited to, the following (Sec. 11):
- Health care facilities;
- Schools or postsecondary institutions;
- School buses or other forms of public transportation;
- Correctional facilities;
- While in control of a motor vehicle, aircraft, or motorboat;
- In or on the property of a church, synagogue or other place of worship;
- Public parks, beaches, recreation centers or youth centers; or
- In plain view of the general public.
- Prohibits cardholders and licensed therapeutic marijuana growers from cultivating or manufacturing therapeutic marijuana in a manner that is visible from the street or other public area (Sec. 11).
- Specifies that this act does not require (Sec. 11):
- Government medical assistance programs, group benefit plans, or insurers to reimburse a person for costs associated with the use of marijuana by a registered cardholder;
- Employers to accommodate the use of marijuana by a registered cardholder;
- A school to allow a registered cardholder to participate in extracurricular activities; or
- A landlord to allow a tenant who is a registered cardholder, provider, or marijuana- infused products provider to use or cultivate marijuana.
- Prohibits physicians who provide written certifications from accepting or soliciting anything of value, including money, from a provider or marijuana-infused products provider (Sec. 12).
- Prohibits physicians from using telemedicine to obtain the information required for the written certification and accompanying statements used to apply for a registry identification card (Sec. 25).
- Prohibits individuals with valid registry identification cards from advertising marijuana in any medium, including electronic media (Sec. 20).
- This act is effective July 1, 2011 (Sec. 40).
Legislation - Nonconcurrence Vote Passed (Senate) (49-1) - April 13, 2011
Legislation - Bill Passed (House) (77-22) - April 12, 2011
Legislation - Bill Passed (Senate) (36-14) - March 31, 2011 (Key vote)
Title: Medical Marijuana
Vote Smart's Synopsis:
Vote to pass a bill that authorizes licensed individuals, businesses, and organizations to provide marijuana to individuals with medical conditions for therapeutic use.
Highlights:
-Limits the possession of marijuana by a registered cardholder to no more than 4 mature plants, 12 seedlings, and 2 ounces of usable marijuana, whereas existing law authorized the possession of up to 8 ounces of usable marijuana (Secs. 9 & 60).
-Limits the amount of marijuana provided by a therapeutic marijuana grower to a registered cardholder to no more than 2 ounces of usable marijuana within a 30-day period (Sec. 9).
-Requires all users of therapeutic marijuana to obtain a registry identification card to be renewed annually (Sec. 4).
-Restricts eligibility for registry identification cards to individuals who have submitted certain items including, but not limited to, the following (Sec. 4):
- -Written certification that the person is a qualifying patient;
-Objective proof of the cause of chronic pain, if the patient's medical condition for which he or she is seeking therapeutic marijuana involves chronic pain;
-A statement pledging not to divert marijuana to anyone who is not allowed to possess marijuana; and
-Proof of Montana residency.
- -Health care facilities;
-Schools or post secondary institutions;
-School buses or other forms of public transportation;
-Correctional facilities;
-While in control of a motor vehicle, aircraft, or motorboat;
-Public parks, beaches, recreation centers or youth centers; or
-In plain view of the general public.
- -Reviewing and, if necessary, recommending increases or decreases to the quantity of marijuana that therapeutic marijuana growers and registered cardholders may cultivate or manufacture;
-Reviewing debilitating medical conditions previously approved by the legislature to determine whether to recommend changes to the eligibility criteria for individuals applying under those conditions; and
-Recommending additional debilitating medical conditions for which the benefits of the use of therapeutic marijuana would likely outweigh the risks.
- -Restrictions on the number and location of production facilities;
-Business licensing requirements;
-Building codes and standards; and
-The inspection of businesses to ensure compliance with any sanitary requirements.
Legislation - Introduced (Senate) - March 23, 2011
Title: Medical Marijuana
