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A second day of hearings is underway in Helena about the future of the new medical marijuana law in Montana.

Among those testifying on Tuesday is Dr. John Stowers of Great Falls, who says as soon as the new law takes effect on July 1st, he will stop recommending medical marijuana for patients because he doesn't want any black marks on his record from the Montana Board of Medical Examiners.

Under the new law, if a physician recommends more than 25 patients for medical marijuana, they will be under review by the Board.

Stowers testified that chronic pain is the main reason to recommend marijuana; he also said that he doesn't recommend it for people with mental health issues.

He said most of his patients are referrals and many of them are from the VA.

Stowers serves as the medical director of Great Falls Emergency Services and is also an emergency physician at Benefis hospital.

(Monday, June 20, 2011) Oral arguments began on Monday in Helena regarding Montana's newest medical marijuana law, Senate Bill 423.

A preliminary injunction was filed by the Montana cannabis industry trying to stop the changes scheduled to go into affect July 1st.

Attorneys on behalf of the Montana cannabis industry say the recent bill passed by the Legislature is not only against Montana's Constitution, but prohibits patients from accessing their medication.

James Geotz, attorney for the plaintiffs, said, "If a Montana citizen in consultation with his or her doctor wishes to have access to medical marijuana, that person should have such an access without undue governmental restraint."

But the state says the new legislative changes don't take away from the original intent of the law, which was passed by voters in 2004.

They say that I-148 was passed for terminally-ill patients.

Attorneys for the state claim that the problems didn't arise until the commercial industry began getting involved in 2008.

"We did, in fact, your Honor, take the commercial industry out of the picture, by design, by intent, but it does not remove access," said State's Attorney Jim Molloy. "It allows people to grow their own as the people were told when we voted for I-148, it allows you to get a provider. A provider may serve up to three people."

In Montana an estimated 30,000 people have medical marijuana cards; about 10,000 of those are between ages 18-30.

The state claims that many of those users may not have qualified if medical marijuana been more regulated.

Montana also ranks among the states with the highest adult population under medical marijuana treatment, with a little over 4%.

Testimony on the case will resume on Tuesday; the Judge was asked to make a quick ruling in the case, since July 1st is just around the corner.

Not only is the Montana Cannabis Industry Association filing an injunction it's also trying to get the current law on the ballot in 2012.

The industry has drafted ballot language which the Attorney General's office has reviewed for legal sufficiency.

The ballot language will soon head to the Secretary of State's office for processing.

Then the industry will be able to begin collecting signatures.

In order to get on the ballot, the initiative referendum requires 5% of the voters in at least 34 House districts, or just over 24,000 voters.

Signed petitions must be returned to the county election offices by September 30th.