By Matt Simon, Marijuana Policy Project
Of the 17 states that have passed medical marijuana laws, only one — Montana — has experienced a serious legislative effort to repeal the law.
How could this have happened, and what can advocates in other states learn from Montana’s experiences?
Fortunately for those of us who work to pass — and improve — medical marijuana laws, an excellent new documentary film provides a unique and insightful view of Montana’s 2011 repeal effort. Code of the West, directed and produced by Rebecca Richman Cohen, recently made its debut and is now being screened at film festivals and other venues across the United States.
I had the honor of presenting Code of the West at its New Hampshire debut Friday evening at the New Hampshire Film Festival in Portsmouth. As an MPP legislative analyst monitoring the ongoing action in Montana, I was familiar with the events depicted, but seeing these events unfold on the big screen — against the stunning backdrop of Montana’s rugged mountains — provides a more complete experience than any number of newspaper articles could possibly supply.
In a nutshell, the repeal advocates depicted in Code of the West are appalled by the proliferation of unregulated medical marijuana dispensaries in Montana and by the ease with which non-patients appear to be qualifying for medical marijuana cards. Instead of seeking regulations to curb these perceived abuses, they lead an organized effort to repeal the law.
Despite being a very well-made film, a few scenes in Code of the West are difficult to watch:
- One repeal-supporting legislator foolishly compares medical marijuana to the deadly poison arsenic.
- A grandmother suffering from advanced cancer loses access to medical marijuana and is left with no choice but to manage her pain with morphine.
- A repeal supporter admits that some seriously ill patients benefit from medical marijuana but continues pushing — not for regulation and restrictions to prevent abuse, but for a full repeal.
The film’s main subjects are medical marijuana advocates led by Tom Daubert — a well-respected political professional whose life is turned upside-down by an unjust federal prosecution — and repeal advocates led by a group of concerned parents and Montana House Speaker Mike Milburn.
Although the attempt at full repeal does not succeed, the film does not have a happy ending for patients and their advocates, as legislators resist common sense efforts to regulate the medical marijuana industry. Instead, they opt to pass SB 423, an ultra-restrictive “repeal in disguise” that will dramatically limit patients’ access.
A year after the film’s action concludes, Montana’s struggle to achieve a sane medical marijuana policy continues, and many conflicts described in the film remain unresolved.
Despite his efforts to pass regulations and improve Montana’s medical marijuana law, federal prosecutors brought felony charges against Daubert for his involvement with a medical marijuana dispensary, giving him little choice but to plead guilty. In September, Judge Dana Christenson ignored prosecutors’ request for a lengthy prison term and instead sentenced Daubert to five years of probation.
Another of the film’s subjects, Daubert’s former business partner Chris Williams, was recently convicted on eight felony counts and, astonishingly, faces mandatory minimum sentences that could keep him incarcerated for life. Williams’ attorney is currently seeking a new trial. Sadly, yetanother of Daubert’s former business partners, Richard Flor, was sentenced to a five-year prison term earlier this year and died in federal custody August 30 after being denied medical care that had been recommended by a judge.
Fortunately, Montana voters will have an opportunity to reject the legislature’s “repeal in disguise” when they go to the polls Nov. 6. Regardless of how Montana’s IR-124 fares at the ballot box, Montana’s legislature should learn from the experiences portrayed in Code of the West and pass sensible regulations for medical marijuana providers in 2013.
For more information on Code of the West, including how to schedule a screening in a town near you, click here. If you submit a request, you’ll receive more details, including information on screening fees and the option to preview the film.
Republished with special permission from the Marijuana Policy Project