House hopefuls say pot law needs work

All three candidates seeking the open House District 3 seat agree that the state's medical marijuana law may need some adjusting.

Democrat Zac Perry, Republican Jerry O'Neil and independent candidate Shawn Guymon all say that since Montana voters approved a plan to allow medical marijuana to be used in the state, it should remain legal.

But they agree that since the system has been put into use, problems have arisen that mean the law needs review and possibly revision.

The three men are vying to replace Rep. Dee Brown, who can't seek re-election because of term limits. House District 3 includes Columbia Falls and the Canyon area.

O'Neil "appreciates that Montana" thumbed its nose at the federal government regarding medical marijuana laws. He says federal officials don't want medical marijuana to be allowed in the country.

The doctors to whom O'Neil has talked about medical marijuana prescribed for their patients "say they are seeing good results."

O'Neil wants more public input on a bill he would introduce if elected.

It would restrict the use of medical marijuana to a person's own dwelling, providing the person owned the property. In the case of a renter who had been prescribed medical marijuana, O'Neil wants the landlord to be able to veto the use of the drug in the rental unit.

He doesn't want it to be legal to take medical marijuana to someone else's house because he worries that could lead to people smoking it recreationally with their friends.

He also wants the law to prohibit adults from consuming medical marijuana with children present in the dwelling.

"I don't want to stop the people from using it instead of using other painkillers, if it works for them," O'Neil said, "if it keeps harsh prescription drugs out of society.

"I have no desire to protect a monopoly for big pharmaceutical companies."

Guymon says he thinks the Legislature should rewrite the medical marijuana law to clean it up. He supports the vote of citizens that allowed medical marijuana in Montana, but thinks the way the bill was written has resulted in problems. Any changes made by the Legislature should again be presented to the public for approval, he said.

Guymon speculates that the federal health bill contains a provision to allow for medical marijuana use throughout the United States. In that case, he wonders, "Why are we getting all up in arms? It's probably in there."

Some reform of the state's medical marijuana laws is needed, Perry said, but lawmakers need to remember that voters approved the initiative.

"We need to tighten the regulations. We need to know who the growers are, who the dispensers are and who has the user cards," Perry said.

Perry shares the concerns of some people that medical marijuana is being abused. He said procedures for getting a user card need to be reviewed and the overall system needs to be better regulated.

The people of Montana "already said they think it's OK," Perry said. "Now the Legislature should define the parameters of the system."

On the subject of taxation, Guymon is worried that many Montanans are being "taxed out of their homes and lands" as property appraisals and tax rates increase.

"Ouch. Why is that?" he asked.

Guymon proposes that any piece of property that has been reappraised at a much higher value and tax be re-evaluated and some sort of balance be found. He disagrees with the concept that new property being built next door should result in tax increases to existing property.

Perry's concerns about the state's property appraisal methods and property tax amounts focus on funding for public schools.

When property is appraised and a tax bill determined, a certain amount of that tax is earmarked for public schools.

But if a property owner appeals an appraisal and tax bill, no taxes are collected until the appeal is resolved. If a different amount of tax is due after the matter is concluded, the percentage due to schools doesn't go to schools, Perry said, instead the money goes into the state's general fund and is "up for grabs."

"We need to refocus on getting that portion into the education fund," Perry said.

Property appraisals and the increases in property tax bills is an especially big concern in House district 3, people have told Perry.

He supports more frequent appraisals to ensure more accurate values. When property is appraised during a boom time, it's hard for the property owner to pay the tax bill during a bust. He's also interested in capping the percentage increase allowed in any given year for a tax bill.

"We need homeowners and property owners to get a fair shake," he said. "People are being taxed out of their property by what's built next door."

State officials "got into a lot of trouble" because they appraised property at high values "right before prices dropped," O'Neil said. Now, those same people "need to create some escape to get more accurate appraisals before the next cycle."

"It's also essential we do the best we can, since education costs are such a big portion of property taxes, that we get a handle on those costs and see if we can't separate some from property taxes," O'Neil said. "It's not just property owners who have children in school."

Since Montana is one of few states with a budget in the black, current elected officials are doing pretty well taking care of the state's budget, Perry said. He attributes some of that success to the governor being "vocal about taking a knife to budgets across the board and looking line by line where to save money."

Elected officials sought public ideas on how to save money, Perry said, "a step in the right direction. We need to continue in that vein."

In this economy, it's simply not appropriate to increase the number of state employees, as has happened in the last few years, O'Neil said. But, since additional state employees were hired, legislators now need to figure out how to pay them without adding any burden to Montana taxpayers.

In the upcoming legislative session, lawmakers must look at all areas of the budget "and be wiser with how we spend our money across the board," O'Neil said.

One specific budget item he thinks should be evaluated is the state employee benefits plan, which he said is a guaranteed retirement program. O'Neil favors changing it to a 401(k) or perhaps an individual retirement account.

For the state to keep its budget balanced and deal with natural progression, "you have to balance spending with cost cuts," Guymon said. "So far they have been doing an adequate job, but it could be better."

It's important for legislators to address the serious issues that affect the economy and jobs, he said, and that can be done by "empowering small businesses and protecting them from frivolous lawsuits by changing tax rules and initiatives."

Regarding the state's drunk driving laws, O'Neil said he voted for tougher laws for repeat offenders when he was in the state Senate and would do so again. The number of arrests for driving while under the influence has decreased significantly in the last decade, he said, because of changed public perception and changed laws. He hopes that trend will continue.

State laws "are substantially adequate," Guymon said. "The problem is many times they are not enforced."

He thinks there are double standards in place regarding driving while under the influence laws. "When I was a kid there was a saying ‘Don't do the crime if you can't do the time.' People enjoying the double standard need to remember that. There must be equal justice."

Perry is worried about the high number of drivers arrested for "their 10th or 11th" DUI. That's an indication that "you have a system that's not working," he said.

Drunk driving laws need to be reviewed, he said. Other states have implemented significantly stricter laws and Montana lawmakers should look at some of those.

"We need to have tougher laws, states have to take more responsibility" to stop drunk drivers from endangering other people's lives, Perry said. He favors sentences for drunk driving convictions including some jail time.

As Perry talks with District 3 residents, the concerns he hears most are "jobs and the economy."

Legislators need to look at ways to bring industry to the region, he said, and ways to create quality, paying jobs. He would like to pursue an option such as a break on the amount of equipment taxes a new company would pay for its first few years in business to encourage business development in the state.

"The main reason I'm running is workers' compensation state laws," Guymon said. Montana has the highest workplace mortality and injury rate in the United States, he said. "That can become a burden on our state.

"Not one family has ever received remedy, relief or compensation from worker's compensation law," Guymon said.

Montana employers have seen some benefits from a recent law change that provides for lower workers' compensation rates for businesses that adhere to certain business practices, Guymon said. "We've got to do better."

Reporter Shelley Ridenour may be reached at 758-4439 or by e-mail at sridenour@dailyinterlake.com.