Jacob Bell
New Member
HELENA – If medical marijuana is going to be a business in Montana, what's the best way to proceed in terms of production and distribution?
That was one of the issues tackled during Tuesday's Burton K. Wheeler Center Conference in Helena, which looks at medical marijuana in Montana.
For medical marijuana to be an industry in the state, laws need to change at the federal level first, said Tammi Fisher, the mayor of Kalispell and a practicing attorney.
In early 2010, the Kalispell City Council voted on regulations, which state that no business in the city limits can operate in violation of federal law. That ordinance essentially outlawed medical-marijuana dispensaries and grow operations within Kalispell because marijuana is illegal under federal law.
Fisher's main concern was that the funds Kalispell receives through federal grants would be taken away if the city allowed businesses to operate in violation of federal laws.
"I looked at it strictly as a breach of contract," Fisher said.
The Kalispell council did consider – and some council members were in favor of – rejecting all federal grant funds, but that would have meant cutting the city's budget by about $11 million, something the city couldn't afford.
"We were just not in a position, or I wasn't in a position where I could say, thanks for the money, but I'm going to support (an ordinance) in the city of Kalispell knowing it's in violation of federal law," Fisher said.
Montana voters approved a ballot initiative in 2004 legalizing marijuana for medical use in the state. After the number of medical-marijuana users in the state began to climb in 2009, dispensaries began to pop up around the state. Many municipalities struggled with how to deal with those businesses.
Earlier this year, the state Legislature passed a bill limiting the number of patients a provider can grow marijuana for to three, and prohibited providers from charging for medical marijuana. A judge later issued an injunction on the portion of the law prohibiting charging for medical marijuana, but by then many dispensaries already had shut their doors because of the legislation, and because of federal raids on some grow operations earlier this year in Montana.
Randy Leibenguth's MCM Caregivers Inc. in Bozeman was raided by the FBI in March. He considered restarting the business, but under the state's new laws he would have to submit his fingerprints to the FBI in order to receive a provider's license. He said he believes that is in violation of his Fifth Amendment rights, since the FBI considers his business illegal though it follows state law.
Taking businesses such as his out of the industry also removes a lot of knowledge about doses, plant varieties and other information, Leibenguth said.
"I've got a lot of knowledge," he said, adding he has spent the last three years "learning everything I could about cannabis."
Dispensaries offer a wealth of information, and their employees can help medical-marijuana users find strains and doses that work best for them, said Misty Carey, a Bozeman provider.
"This dispensary model is really important in terms of patient care," she said. "We match people and their maladies to the strains, and also the dosing methods."
Storefronts are a natural progression of the medical-marijuana industry, said Chris Lindsey, attorney and member of the Board Of Directors of the Montana Cannabis Industry Association.
When the state was deciding how to deal with alcohol after the repeal of prohibition, it didn't have people make it and sell it in their homes, he said.
"The reality is that it is a business," Lindsey said. "It's the storefront that I think offers the best solution for regulation."
Lindsey said he has no doubts that people still sell medical marijuana in Kalispell, despite the city ordinance banning it. He said the city would be better off making dispensing medical marijuana legal and regulating it.
Fisher agreed that there very likely are back-alley growers and providers in Kalispell, but added she doesn't believe the city can allow licensed businesses to violate federal law if the city accepts federal funds.
Fisher said that in order for her to be comfortable allowing medical marijuana businesses in Kalispell, the federal government would have to change its laws on marijuana.
"For me, it's a pretty black-and-white issue," she said. "I continue to believe it's going to take an act of Congress to change the dynamic."
News Hawk- Jacob Ebel 420 MAGAZINE
Source: greatfallstribune.com
Author: Erin Madison
Contact: Contact Us
Copyright: greatfallstribune.com
Website: Cities still struggle with pot distribution
That was one of the issues tackled during Tuesday's Burton K. Wheeler Center Conference in Helena, which looks at medical marijuana in Montana.
For medical marijuana to be an industry in the state, laws need to change at the federal level first, said Tammi Fisher, the mayor of Kalispell and a practicing attorney.
In early 2010, the Kalispell City Council voted on regulations, which state that no business in the city limits can operate in violation of federal law. That ordinance essentially outlawed medical-marijuana dispensaries and grow operations within Kalispell because marijuana is illegal under federal law.
Fisher's main concern was that the funds Kalispell receives through federal grants would be taken away if the city allowed businesses to operate in violation of federal laws.
"I looked at it strictly as a breach of contract," Fisher said.
The Kalispell council did consider – and some council members were in favor of – rejecting all federal grant funds, but that would have meant cutting the city's budget by about $11 million, something the city couldn't afford.
"We were just not in a position, or I wasn't in a position where I could say, thanks for the money, but I'm going to support (an ordinance) in the city of Kalispell knowing it's in violation of federal law," Fisher said.
Montana voters approved a ballot initiative in 2004 legalizing marijuana for medical use in the state. After the number of medical-marijuana users in the state began to climb in 2009, dispensaries began to pop up around the state. Many municipalities struggled with how to deal with those businesses.
Earlier this year, the state Legislature passed a bill limiting the number of patients a provider can grow marijuana for to three, and prohibited providers from charging for medical marijuana. A judge later issued an injunction on the portion of the law prohibiting charging for medical marijuana, but by then many dispensaries already had shut their doors because of the legislation, and because of federal raids on some grow operations earlier this year in Montana.
Randy Leibenguth's MCM Caregivers Inc. in Bozeman was raided by the FBI in March. He considered restarting the business, but under the state's new laws he would have to submit his fingerprints to the FBI in order to receive a provider's license. He said he believes that is in violation of his Fifth Amendment rights, since the FBI considers his business illegal though it follows state law.
Taking businesses such as his out of the industry also removes a lot of knowledge about doses, plant varieties and other information, Leibenguth said.
"I've got a lot of knowledge," he said, adding he has spent the last three years "learning everything I could about cannabis."
Dispensaries offer a wealth of information, and their employees can help medical-marijuana users find strains and doses that work best for them, said Misty Carey, a Bozeman provider.
"This dispensary model is really important in terms of patient care," she said. "We match people and their maladies to the strains, and also the dosing methods."
Storefronts are a natural progression of the medical-marijuana industry, said Chris Lindsey, attorney and member of the Board Of Directors of the Montana Cannabis Industry Association.
When the state was deciding how to deal with alcohol after the repeal of prohibition, it didn't have people make it and sell it in their homes, he said.
"The reality is that it is a business," Lindsey said. "It's the storefront that I think offers the best solution for regulation."
Lindsey said he has no doubts that people still sell medical marijuana in Kalispell, despite the city ordinance banning it. He said the city would be better off making dispensing medical marijuana legal and regulating it.
Fisher agreed that there very likely are back-alley growers and providers in Kalispell, but added she doesn't believe the city can allow licensed businesses to violate federal law if the city accepts federal funds.
Fisher said that in order for her to be comfortable allowing medical marijuana businesses in Kalispell, the federal government would have to change its laws on marijuana.
"For me, it's a pretty black-and-white issue," she said. "I continue to believe it's going to take an act of Congress to change the dynamic."
News Hawk- Jacob Ebel 420 MAGAZINE
Source: greatfallstribune.com
Author: Erin Madison
Contact: Contact Us
Copyright: greatfallstribune.com
Website: Cities still struggle with pot distribution
