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Legislators, cities look at stricter marijuana laws

by Richard Hanners Whitefish Pilot
| May 13, 2010 11:00 PM

While legislators in Helena took a look at stricter regulation of the state's rapidly growing medical marijuana industry, the media carried stories about crimes associated with medical marijuana, and cities across the state continued to impose temporary bans or limits on the industry.

During all this, the Washington, D.C., council approved a measure that would legalize medical marijuana and sent it on to the mayor for his signature. Patients would be limited to two ounces per month.

Montana's joint interim committee on Children, Families, Health and Human Services took comments from supporters and critics of the state's medical marijuana law on April 27 as it considered impacts from the new industry.

A prosecutor pointed out that many felony drug offenders on probation can obtain medical marijuana cards, essentially allowing them to violate the conditions of their release.

Supporters and industry representatives agreed that the law had ambiguities, but a legitimate need exists for medical marijuana, they told the legislative panel.

The Montana Board of Medical Examiners reported to lawmakers that people were obtaining medical marijuana cards who did not suffer from the chronic or debilitating conditions required for certification.

The board called for curbing the industry's practice of mass screenings and teleconferences by out-of-state doctors to certify new medical marijuana patients. Some doctors spent only a few minutes screening patients, the board said.

Several high-profile crimes involving medical marijuana may have an impact on what legislators do in next year's session. Two men in jail in Kalispell, for example, are accused of murdering a medical marijuana patient last month and stealing his plants.

Two medical marijuana dispensaries in Billings was firebombed in the early morning of May 9 and 10. Video surveillance from the first incident showed two men spray-painting "Not in our town" on the front of the dispensary then throw a rock through a window followed by a Molotov cocktail.

The Billings City Council was scheduled to hold a hearing on a whether to impose a six-month emergency ordinance banning new medical marijuana businesses on May 10. About 70 medical marijuana businesses have been issued city licenses.

In Ravalli County, the owner of the only medical marijuana dispensary in Stevensville and two co-owners of a medical marijuana dispensary in Hamilton were arrested in connection with the brutal beating of a man who allegedly broke into the Stevensville dispensary to steal marijuana and other items.

And in Libby, the wife of a man who is co-owner of a medical marijuana dispensary being built 40 feet outside the city limits was arrested and charged with illegally distributing marijuana.

Cities across the state continue to deal with the rapidly growing industry. Some city councils chose temporary ordinances while they work on permanent ordinances.

¥ On May 3, the Kalispell City Council approved by 7-2 a law that bans new medical marijuana dispensaries and commercial grow operations.

Kalispell's law is based on city attorney Charles Harball's argument that the city would be at odds with federal law if it allowed medical marijuana businesses as permitted uses under the zoning regulations.

¥ A similar argument was used in Helena to ban medical marijuana businesses. A law dating back to Prohibition limits city licenses to businesses that comply with federal law.

¥ The Havre City Council approved by 7-1 a six-month emergency ordinance that bans new medical marijuana providers as well as expansion by existing businesses.

¥ In Ronan, the city council voted 6-1 for a six-month ordinance that limits grow operations and dispensaries to the south-side highway commercial district.

¥ City officials in Bozeman began hosting forums as they consider revamping their medical marijuana regulations to include building and fire codes, business licensing and zoning.