Darby Montana making it illegal to grow!

Proverbs

New Member
Darby, Montana

The city of Darby is seeking to enact a law making it illegal to grow medical Marijuana inside or upon property within city limits.

As a Hydro grower I need to be provided with case law that can help bar this 'law' from being enacted.

I grow indoors and deliver MM to all my patients. No traffic to my home etc.

I find this an encrouchment of my liberties- to not be able to grow in my own home for me or other card carrying people.

Please PM with case law info if able, contacts etc.
Thank you.
 
I have no case law but do have questions: Do you receive compensation related to your growing? If so, is your home zoned residential only?
 
In the city limits of Darby it is an indoor growing operation for private patients. 5 homes rented by me with 5 low income people living in the dwellings.

I can understand outdoor operations and the selling of material at a publicised location. But indoor operations with devlivery of product to patient home address only?
What's the difference if we're growing tomatos and doing the same thing? Ebay sales or Amway? There is no city tax or State taxes here in Montana. So that doesn't even come into play here.

The problem is the commercial selling at promoted locations that seem to be the problem. Also there are a few bad apples that are making waves; dealing to everyone with a Medical Marijuana Card who, inturn, seem to be moving it to the black market.

But operations like ours, the locations, are not even known to the public as we deliver to our patients.

It seems to be selective in prosecution if this 'law' passes here in Darby.

The Montana NORML chapter has stated the same and is following the events as they unfold.
Also, we can not profit from the sale to patients according to the law. We can only charge for costs of production, this includes labor ect. Many others are making a killing.

Montana Law states that a care provider may ONLY sell his or her product to THEIR registered patients. Yet many sell to dispensaries who, inturn, sell it to anyone with a card as well as doulble or triple the price so that the material sells for $300 to $500 per ounce. The grower was paid only $125 to $150 per ounce.

The dispensaries are promoted in every conceivable way which increases traffic and with it, public scorn.

The DEA made a "stop by" to a number of dispensaries in Missoula last week and told the operaters that even though the State Law says that any mixture or prosessed product may be made and sold, they will still arrest people for making Hash and Hash Oil among other things.

It's a bit of a mess. The dispensaries and the growers who knowingly market their product in violation to the written law are creating a problem that may truly harm all legitamate care provider/growing operations. I'm not sure how the DEA can prosecute those who make Hash when the State Law says it cool.

Maybe they need to read and understand "The Principles of 98" which applies to all fed gov Laws. Go to "The Principles of 98" here: Principles of '98 - Wikipedia . Here you may see probably the most immportant thing the federal public servants deliberatly over look, and avoid, in dealing with the people within the States and the States themselves.

Justin
 
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