Defendant claims marijuana act doesn't work
By RICHARD HANNERS - Whitefish Pilot
A Polson man who claimed protection under the state's Medical Marijuana Act after he was caught smoking marijuana at a downtown Whitefish bar recently pleaded guilty to possession of drug paraphernalia.
Luke Venters, 24, claims he has a "debilitating medical condition," that he was "in pain every day for the past 10 years due to my spinal, thoracic and neck injuries/conditions," and that he has severe or persistent muscle spasms.
State law allows individuals who suffer from a debilitating medical condition to smoke marijuana, Venters initially claimed in court documents, and "even if a user is not registered with the state Department of Public Health and Human Services, a medical defense may be raised under the Montana Medical Marijuana Act."
Whitefish City Court Judge Bradley Johnson, however, denied Venters' motion to dismiss the charge based on the act. Johnson agreed with city prosecutor Clif Hayden that Venters was not officially designated as a qualifying patient under the act.
But Johnson went further, noting that Venters shared his pipe with two others on the balcony at Flanagan's Central Station on Sept. 8. Those two individuals later pleaded guilty to misdemeanor possession of dangerous drugs and paid a $100 fine.
Venters pleaded guilty to misdemeanor possession of drug paraphernalia on Jan. 30. Whitefish City Judge Bradley Johnson gave Venters a one-year deferred sentence and ordered him to pay a $100 fine and an $85 surcharge.
Venters said he's proud of how he defended himself in court, saying the marijuana was not his but the pipe was.
"I'm not hurting anyone — I'm a person in chronic pain," he said. "I wanted the possession of dangerous drugs charge dropped because having that on your record can stop a person from getting financial aid, and I plan on continuing my education."
Venters explained to Johnson the difficulties he has faced trying to get registered under the state law.
"Sixty-two percent of Montana voters approved the medical marijuana bill, but that doesn't mean 62 percent of doctors approve of the law," Venters told the Pilot. "They've washed their hands of it. Many of them are afraid of federal action against them."
Venters said he's tired of being fearful of government and is still trying to get registered under the Montana law.
"There're too many hoops to jump to get registered," he said. "The state should provide a list of doctors who will work with patients. Otherwise, the program just won't work."
In a Nov. 20 brief, Venters told Johnson that "marijuana is a medicine" and a drug.
"How many drugs do we take every day?" he asked. "Coffee? Cigarettes? Alcohol?"
He cited the prevalence of legal drugs promoted on prime-time television, from anti-depressants to weight-loss pills, many of which have side-effects.
"I found myself being thankful to have been blessed with the plant cannabis," he wrote. "I have found more relief for my nerves, stressed-out and sore muscles, and spasming and aching thoracic from using marijuana than I ever have from taking pain killers."
Support for the state's Medical Marijuana Act continues in the legislature. Rep. Ron Erickson, D-Missoula, recently proposed changes that would help patients seeking use of marijuana. The proposal is House Bill 311.
Erickson told a House committee Jan. 29 that the amount of marijuana registered individuals should be allowed to possess should be increased from one ounce to 12.
He also said registered individuals should be allowed to possess six "mature" marijuana plants, not just six plants, because young plants are needed to replace old ones that die.