Schweitzer is in China for two weeks.

In addition, Sands said legislators in states that have legalized medical marijuana might be able to advocate for such an effort at meetings of their national groups, the National Conference of State Legislatures and the Council on State Government.

"Even if it were not to happen, it would be at the least a bold request," Sands said. "The least we should do is make the request."

Senate Majority Leader Jeff Essmann, R-Billings sponsored the bill that ultimately became law this session without Schweitzer's signature to tighten restrictions on the industry.

He said Sands is proposing an exemption from the Controlled Substances Act, the federal law that regulates marijuana and other illegal drugs.

Essmann said he would prefer to take a different approach. He favors letting the U.S. Food and Drug Administration study a prescription drug, Savitex, produced from a marijuana derivative, that has been approved for use in Europe.

"I think during the session and prior to the session and since the session, I've heard from a lot of people if it's medicine, why isn't it handled through the pharmacy and regulated by that," he said of marijuana. "I had one physician tell me he thought the cart was ahead of the horse. The science should develop and then we should take the appropriate legal action."

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