U.S. Justice Department Issues Memo Regarding the Prosecution of Medical Marijuana Patients and Caregivers Relevant to Montana

On October 19, 2009, the U.S. Justice Department issued a Memorandum to Selected United States Attorneys regarding federal prosecution of medical marijuana patients and caregivers who are in legal compliance with their respective state medical marijuana law. The memo states:

"As a general matter, pursuit of [the prosecution of significant traffickers of illegal drugs, including marijuana, and the disruption of illegal drug manufacturing and trafficking networks] should not focus federal resources in your States on
individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana. For example, prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources. ."

U.S. Attorney General Eric Holder stated:

“It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana.”

Although Montanan's passed legislation legalizing the use of medical marijuana, patients and caregivers can still face federal drug charges even though the patient or caregiver is in compliance with Montana state law. Montana requires a series of steps for a person to become eligible to obtain a medical marijuana card allowing him or her the lawful ability to use marijuana for medicinal purposes. This memo provides insight into the priorities of the U.S. Justice Department. You can read the New York Times article on the memo here.

Gallatin County Treatment Court

The Bozeman Daily Chronicle wrote a piece on a successful participant and graduate of the Gallatin County Treatment Court. The county began its treatment court program about ten years ago for the treatment of people struggling with alcohol and drug addictions who have also been charged with a crime in state court. The program provides an alternative to old school incarceration and retributive theories of justice by providing participants tools to overcome their addictions and become more productive members of society. You can read the article here.

UPDATE: State Sen. Greg Barkus Charged With Felony Counts in Boating Accident Involving Montana U.S. Represenative Dennis Rehberg

State Sen. Greg Barkus has been charged with criminal endangerment and two counts of negligent vehicular assault--all felonies--for the boating accident at Flathead Lake that involved Montana U.S. Rep. Denny Rehberg. Rehberg suffered a broken ankle and other injuries in the crash. Sen. Barkus is alleged to have driven the boat with a blood-alcohol level of 0.16 according to a test that was allegedly taken nearly two hours after the accident.

Rehberg made the following statement regarding the allegations:

"I was surprised to learn the results of Greg's blood alcohol test." "He didn't appear to be impaired to me when we got on the boat for the return trip."

You can read the AP article on the CBS News page here.

Obama Nominates Michael Cotter for Montana U.S. Attorney

The White House has nominated Michael Cotter of Helena, Montana to serve as U.S. Attorney for the District of Montana. You can read the Missoulian article here. Cotter must be confirmed by the U.S. Senate before serving as U.S. Attorney.