1. Ordinance 1674 - Zoning Text Amendment - Medical Marijuana - 1st ReadingWTI,
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Tel 406.758.7708
Fax 406.758.7771
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TO: Kalispell City Council
Jane Howington, City Manager
FROM: Charles Harball, City Attorney
BATE: April 14, 2010
SUBJECT: Regulating hand Use of Medical Marijuana
The Kalispell City Council requested a response to specific legal questions
regarding the authority of the City of Kalispell to regulate medical marijuana uses
of private property within its jurisdiction. This memorandum is intended to provide
a legal opinion to those narrow issues. It is not intended to address the policy of
local government regulation over marijuana use in general, medical, or otherwise.
Rather, it is focused on land use regulation law, which is the authority of the City to
determine to what uses private property may be put and where such uses may be
placed within the City.
ISSUE.What is the City's authority to regulate private land use and what is the
legal rationale for this?
As Council is aware, the City, life many municipalities. in the state of Montana and
around the nation, has enacted and enforces a zoning code. Zoning, in simplest
terms, is the regulation of the uses of privately owned land. It exists in tension
with the constitutionally protected right of the private individual to own property.
The question of the constitutional propriety of governmental regulation of private
property first came into focus in front of the United States supreme Court in the
1926 case of Euclid v. Ambler Realty Co. 272 U.S. 365, 47 S. Ct. 1141 7.1 L.Ed. 303
and more clearly elucidated in a number of federal cases thereafter. The matter is
framed to consider whether or not the owner of private property loses value in that
property as a result of governmental regulation that restricts its uses. This is what
we mean when we refer to the "takings" analysis. The courts have consistently- held
that governmental regulation that places restrictions on the uses of private
property is proper so long as such restrictions are substantially related to the
interest of maintaining the public health, safety, and general welfare within the
jurisdiction. Any showing of diminution of property value should be weighed
against the value to the community, which value is shared by the private property
owner, of the benefits to public health, safety and general welfare produced by the
use restriction.
Land Use Regulation of Medical Marijuana Facilities
April 14, 2010
Page - 2
The State of Montana, as set forth below, has codified the authority of
municipalities to enact zoning codes.
76-2-301. Municipal zoning authorized For the purpose ofpromoting health,
safety, morals, or the general welfare of the community, the city or town
council or other legislative body of cities and incorporated towns is hereby
empowered to regulate and restrict the height, number of stories, and size of
buildings and other structures; the percentage of lot that may be occupied, -
the size of yards, courts, and other open spaces; the density of population;
and the location and use of buildings, structures, and land for trade,
industry, residence, or other purposes.
History. En. Sec. 1, Ch. 136, L. 1929, re -en. Sec. 5305.1, R.C.M. 1935; R.C.M.
1947, 11-2701.
This statute has been examined by the Montana Supreme Court a number of times
and most recently in Flathead County in 1991 in McElwain v. The County of
Flathead, 248 Mont. 231;811 P.2d 1267;1991 Mont. LEXIS 107;48 Mont. St. Rep.
410. In that matter, the authority of Flathead County to regulate the treatment of
sewage on private property was challenged. The Court held that the trial court was
correct in determining that the regulation was substantially related to the
legitimate state interest of protecting public health and safety and that the
landowner failed to show she had been deprived of the economically viable use of
her property.
Given the framework of this analysis, the Council should be considering and
discussing the public health, safety, and general welfare issues involved in the use
of private property within the City for the purposes of medical marijuana facilities.
Then based upon the extent to which use regulation is placed upon the property,
evaluation should be made whether or not such regulation deprives the landowner
of an economically viable use of the property.
ISSUE: What are the issues that the Council should consider regarding the land
use regulation of medical marijuana facilities?
The recent decriminalization of marijuana for medical purposes in the State of
Montana is not an "across the board" legal approval of its manufacture, sale and
use. For the most part, marijuana remains illegal. Outside of the medical
marijuana exception, the manufacture of marijuana in Montana under MCA 45-9-
110 remains a serious offense. A first time offender convicted of manufacturing a
total weight of more than a pound or growing more than 30 plants shall be
imprisoned in the state prison for not less than 2 years or more than life and may be
fined not more than $50,000. Under MCA 45-9-102, the mere possession of less
than 60 grams of marijuana remains a crime with penalties imposed of not less
Office of City Attorney
City of Kalispell
Land Use Regulation of Medical Marijuana Facilities
April 14, 2010
Page - 3
than $100 or more than $500 and by imprisonment in the county jail for not more
than 6 months. Subsequent convictions raise the level of the fine to $1,000 and
imprisonment up to 1 year.
It has already been discussed that the manufacture, sale and use of marijuana
remains, for all purposes, a federal crime. Marijuana is federally classified as a
Schedule I drug under the Controlled Substances Act which means for federal
purposes that the drug is classified as having a high potential for abuse, with no
currently accepted medical use in treatment in the United States, and a lack of
accepted safety for use of the substance under medical supervision. United States v.
Oakland Cannabis Club, 532 U.S. 483 (2001), in which the United States Supreme
Court confirmed that Congress had the authority to enact the Controlled
Substances Act and that the Justice Department had the authority to enforce such
law remains the effective and authoritative law today.
Given the existence and regular enforcement of these laws, it would be fair to say
that our society retains the general view that marijuana use is dangerous, or at
least potentially harmful, and should be regulated.
The Kalispell Police Department as well as other law enforcement agencies
throughout the state has expressed grave concern that the general lack of adequate
structure within state regulation of medical marijuana makes the task of enforcing
the above laws extremely difficult. Further lack of regulation, within the City, some
may argue, would compromise the public health, safety and general welfare of the
citizens of Kalispell.
As previously discussed, the City of Kalispell significantly benefits from federal
funding in the form of grants and loans. These funds are used for a myriad of City
services, including law enforcement, fire protection and transportation safety.
Certain conditions are always placed upon these funds and compliance with federal
law is always within the covenants the City agrees upon when it receives federal
funding. Although the creation of zoning districts that permit or conditionally
permit a use of private property that is in violation of federal law has not been
explicitly detailed within the City's contractual relationship with the federal
government, such action would fall generally within the scope of the City's covenant
to abide by federal law. Council should therefore consider whether or not risking
the loss of federal funding in any way compromises the public health, safety and
general welfare of the citizens of Kalispell.
Office of City Attorney
City of Kalispell
Land Use Regulation of Medical Marijuana Facilities
April 14, 2010
Page - 4
ISSUE: Is the City of Kalispell legally required to permit or conditionally
permit the use of medical marijuana facilities within the jurisdiction of the city?
Under any land use regulatory plan that is compliant with the equal protection
clause of the constitution, all uses that are not in violation of the law must be
allowed, either permitted or conditionally permitted, somewhere within the City.
For instance, an adult book store may not be deemed an appropriate use of property
next to an elementary school, but such use is not illegal and therefore it must have
some zone in which it is permitted or conditionally permitted. A brothel, on the
other hand, is a use of the property for an illegal activity for which the City has no
obligation to permit. Regardless of any individual opinion or libertarian philosophy
about whether or not prostitution should be considered a crime, the fact that such
activity is legally forbidden is a sufficient reason for the City to deny the permitted
use within the City on the basis that such illegal activity compromises the health,
safety and general welfare of its citizens.
In this instance, the State of Montana decriminalized the manufacture and sale of
marijuana for medical marijuana purposes although such activity remains illegal
under federal law. Can an activity be both legal and illegal at the same time? No.
The federal law either preempts the state law or it doesn't. That particular conflict
of laws question was not taken up by the Oakland Cannabis Club and has not yet
been addressed by the federal courts. At this point, therefore, the legality of the
manufacture and sale of marijuana for medical purposes remains conjecture.
With this uncertainty in mind, the Council should consider whether the best course
of action is to treat medical marijuana facilities as unlawful, and not provide any
permitted uses within the City for such activity, thereby protecting its federal
funding or to make such activity a permitted or conditional use until the law is
sorted out, thereby providing perhaps a substantial property right to those parties
who invest in the business in the interim. The downside for the City in not
permitting the use is that someone may challenge that choice and the courts may
overturn the City's decision and require the City to permit the use. However, the
downside for the City in now designating such use as permitted is the loss of federal
funding or, if the City chooses, the liability of purchasing the value of the businesses
required to close in exchange for regaining eligibility for federal funding.
Office of City Attorney
City of Kalispell
Land Use Regulation of Medical Marijuana Facilities
April 14, 2010
Page - 5
ISSUE: To what extent do individuals already invested in medical marijuana
facilities in Kalispell have vested property rights?
Council may be more familiar with a similar issue. The City regulates signage and
has, in the past, grappled with the issue of the property uses of billboards. When
the City determined that it would be beneficial to relieve the area of Main and
Idaho of the many billboards that were cluttering that intersection, it found that it
could not simply amend the zoning code and expect the billboards to disappear. The
issue of value had to be addressed. Individuals had invested funds into the
placement and lease of those billboards relying upon their property rights that
existed under City regulation. When the City changed its regulation, a "takings"
occurred and it had to either pay the property owners for their loss in value or allow
them to locate elsewhere in the City.
Likewise, if the City now makes a new regulation that can be deemed to "take"
value from an individual who has already invested in a medical marijuana facility
in reliance upon the City's pre-existing land use regulations, the City may either
negotiate a buyout or consider such use "grandfathered" as a nonconforming use
and allow it to continue.
The Council should consider that for federal funding purposes, it may be a very
important distinction whether such federally prohibited uses came into existence
prior to City regulation or after such use was legislatively authorized and approved
by the City.
ISSUE: Would restricting medical marijuana facilities from land use within the
City of Kalispell be a ban of medical marijuana by the City?
The media, by its headlines at least, has indicated that the City of Kalispell is
considering a ban on medical marijuana in the City. This is a misinterpretation of
the communications that the Council and staff have had. The matter before the
Council is strictly one of land use regulation and whether or not, and to what
extent, private land use for medical marijuana purposes is regulated by the City. In
no event will any action taken by the Council on this land use issue create any
municipal prohibition to the consumption of medical marijuana within the
jurisdiction of the City of Kalispell. The Kalispell Police Department will continue
to enforce the state law, as it is currently written.
Office of City Attorney
City of Kalispell
Land Use Regulation of Medical Marijuana Facilities
April 14, 2010
Page - 6
The cultivation and manufacture of marijuana by a state approved patient within
his or her own home for his or her own medication and within the parameters of
state law would not be considered a land use for medical marijuana purposes. Such
a land use treatment is no different from the treatment given to the home vegetable
garden which is considered merely an auxiliary use of a residence. It is only when
the land use is expanded to that of a caregiver who is in the business of growing and
manufacturing marijuana for others that such use can no longer be considered
auxiliary and the land will be considered put to a use other than its primary use.
Further it is not the mere transaction between the state approved caregiver and the
state approved patient that gives rise to a land use. The fact that the caregiver
comes to the patient's home to deliver his medication does not alter the home's
residential use. However, if the caregiver has the patients come to his or her home
to purchase and pick up their medication, that home takes on the character of use
that is other than residential. The differentiation between the two settings becomes
objectively apparent when viewed from the aspect of the neighborhood.
RECO E ATION: The Kalispell Planning Board recommended and the
Kalispell planning and legal staffs agree that the City Council should adopt and
pass an amendment to the Kalispell Zoning Code that provides that "No use of land
shall be permitted or conditionally permitted within the City of Kalispell that is in
violation of federal, state or local law." This recommendation is based upon the
discussion set forth above. The City staff then will enforce that zoning text
amendment as it relates to medical marijuana facilities upon the presumption that
federal law does, in fact, preempt state law. Unless the Council wishes to explore
paying the value of existing medical marijuana facilities, such existing uses, in so
far as they are in compliance with pre-existing regulation, will be considered as
grandfathered nonconforming uses.
In the event that it is the Council's desire to permit or conditionally permit the land
use of medical marijuana facilities within the City, staff is prepared to discuss the
anticipated neighborhood impacts and the most appropriate zones within which to
permit such use.
Respectfully subm' d,
Charles Har al , it Attorney
Office of City Attorney
City of Kalispell
C0917�►/ii1lCi'
WHEREAS, pursuant to MCA 76-2-301 the City of Kalispell, as a duly formed municipality of
the State of Montana, is authorized to regulate land uses within the city for the
purpose of promoting health, safety, morals, or the general welfare of the
community; and
WHEREAS, on March 19, 1992 the City of Kalispell enacted Ordinance 1175 regulating land
use within the City of Kalispell and codified such ordinance within Chapter 27 —
Zoning Regulations within the Kalispell City Code; and
WHEREAS, it is the finding of the Kalispell City Council that it is in the best interests of the
city and its citizens and for the purpose of promoting health, safety, morals and
general welfare of its citizens that land uses that are in violation of federal, state
or local law should not be permitted or conditionally permitted within the city.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AS FOLLOWS:
SECTION I Kalispell City Ordinance No. 1175, codified as Kalispell City Code
Chapter 27 shall be and is hereby amended to add Section 27-01-050
which shall provide, "No use of land shall be permitted or conditionally
permitted within the City of Kalispell that is in violation of federal, state
or local law."
SECTION II This Ordinance shall be effective thirty (30) days from and after the date
of its final passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 3RD DAY OF MAY, 2010.
Tammi Fisher
Mayor
Attest:
Theresa White
City Clerk
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Montana's NEW APPLICATION FORM
" M ed ica I , Registration for the Montana Medical Marijuana Program
Marijuana
Instructions. Please complete all information to comply with the registration requirements of the Montana Medical Marijuana Act,
Pro, amra� � � ender 18M, the custodial parent or legal gua,-dian vilth responsibility for health care decisions must be listed as the
Primary Caregiver and the information requested on the back of this farm
number or your Montana State Identification Card number if applicable and your Social Security Number.
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DEPARTMENT OFPUBLIC HEALTH do HUMAN SERVICES
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94 years
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i but not limited to civil penalty or disciplinary action
including b e
by a professional licensing board or the department of labor
and industry, if:
(A)"....the qualifying patient or caregiver acquires, possesses,
cultivates, manufactures, delivers, transfers, or transports
marijuana not in excess of the amounts allowed ..."
And/or:
(B}"... the qualifying patient us • •
es marijuana for "medical" use."
Legal protections
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sentence
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(a) "The acquisition, possession,
cultivation,
transfer, or transportation
manufacture, delivery, uahfgln9
of marijuana or paraphernalia by a q
patient or a caregiver .....
(b) "the use of marijuana or paraphernalia
by a qualifying patient... "
(c) The use of paraphernalia by a caregiver
for the cultivation man g
manufacture, delivery,
transfer, or transportation of mar -
use by a qualifying] na for
patient. t.
.N., 0 &..
IF7
n grow and supply patients
Can possess 6 plants and 1 OZ of usable marijuana
for each r•enistered natient
Can not have a felony drug conviction
(Currently only being checked in Montana)
ECan charge "reasonable compensation"
Caregiver
Caregiver can possess paraphernalia used to
cultivate, manufacture, deliver, transfer or transport
marijuana.
Can also be a patient and have a patient card (must
be. to smoke or have smoking paraphernalia in their
possession)
Must be 18 or older
M ONA N A
1*0 CAREGREGJ VVERS
NETWORK
* Find a Caregiver
1,1 Become a Caregiver
2-Forms
OW DPHHS Licensure
'49 Bureau
It Strain !Ailment List
,! 111, Forums
WA
• a it , Garold Tips
• Seeds & Clones
!%
*W-• r
0 ■ ?_
Search..
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MCN Patient - Doctor Clinic aft -a Sep as
Bozeman Sun, 8th Nov 09 MCN is on TV and Sets NEW
MCN Patient - Doctor Clinic Montana RECORD • is ii,i os
Kalispell Fri, 13th Nov 09 NEW RECORD SET FOR
MCN Patient - Doctor Clinic NUMBER OF PATIENTS
REGVSTERED IN ONE WEEK -
Missoula Sat 14th Nov 09 June 29, 2009 _ zs Jun o9
MCN Patient - Doctor Clinic
WARRANTLESS SEARC" -
Decided on Aptil 21. 2US - 1 aut os
Doctor - Patient Clinics-. June 22 -
Missoula. June 23 - Helena. 3une
24 - Bozeman. June 24.8111itvgs
22 h1sy 09
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WElCOIn!!
Welcome!
Our Products
Legai Tips
About Us
Becoming a Med MJ
i Paden tin Montana
Becoming a Patient of
~ Montana CannabisiTMI
Out -of -State Patients
Contact Us
Medical Marijuana Clinics
I
www rovider licensed by th
�,antana bisT° is a me0 ossess cannabis. we
visitors authorized by their own States P
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Progress Reporr
Cannabis Caregivers of Montana
Welcome to CCofMT
x
About us
CCofMT is a husband and wife team with years of growing experience;
experience that shows in both the quality and quantity of our product. Our
crop rotation, bringing a new harvest approximately every 45 days, insures
that none of our patients ever need go without theiir medicine. We're patients
ourselves, and we understand what it's like to live Ah chronic pain. A day
without your medicine can feel like a week. This will not happen to our
patients.We are committed to providing quality medicine in a prompt and timely
fashion. The patient is our number one priority. Upon contacting us, you will
receive a welcome packet containing all necessary paperwork, a wealth of
useful information, and our phone numbers. Feel free to call us any time for
any reason,
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Our product
All of our medicine is grown using 100% organic ingredients and is given water ®'
filtered through a double osmosis filtration system. We charge $250 per ounce
for all strains.
The marijuana offered by the average seller can vary greatly in potency,
or rr
1
32
Total Caregivers
One patient only
2-4 Patients
5-9 Patients
10-14 Patients
15-19 patients
> 20 patients
No caregiver..
a
3.4
M One room vented grow
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*6o plants —Three Stage Grow
*3 crop rotations per year
*Three stage: 7-11 oz. of buds/plant
�Minimum of 1440 ounces of Bud
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*Sells for $300.00 per oz
*$432,000.00 tax free
: X RW
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300 plants mm Two Stage Grow
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6 crops per year
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Two Stage: 3-5 OZ. of buds/plant
*Minimum 7000 ounces/450 lbs of bud 1
*$2,100,000.00 low end ($300 per oz.)
� *$3,500,000-oo high end C$500 per oz.)
_ Investment: $10 000.00 for equipment -
I'k
Profit $$$$
n'ty (as Of 3/7/10)
36
016
a- -regivers/po all entis
27/10
1/3.. ..Sr
A,eagher 31,Z,--.4
Aneral 24/101
Mssoula 363/ 1J
A
WEAIF&�,- wi
Phooffips .7
K�''` nlera
wlwell
123/454
4�/ �"d
16/39
7/37
112
180/529 0 Richland 3/16
.. r d V P"
in M�►nt�n� by
[914114TIA- i I
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Sa,nders
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7oole
Treasure
Valley
tffikffsrro n
Yell gwstpn
col-ji ty
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rtitikt Ar
* s
Top four counties in Montana,
with marijuana cardholders:
(as of 3/77/10) (combined caregivers &patients)
x•.
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LINCOW ----------
r GLACIER ^ILE SHCRIDA
Yea
FL AT�16AD
�*v • uv_uv U.....
n.� K
AARFEELO ❑RwSON �7 y
QITFE PETR b1 EU
IMIN'
— PRAIRIE BA €
HEArpHER ROSEBUD "
IRE POVIfELL YiMFJI1LAHD MUSSELSHEL _
BROAJD
EFFEFrSO WATER- — %MLLEY ��9� CUSTER FALL4
ER (r
LODG SWEET YELLOW STONE
SILVE GRASS
ow GAL LATIN
CARTER
MADISON PARK } BIG HORN POWDER
RIVER
AVERHEAD
CARBON
Ap-
40
L b
L
-
Counties in Montana, with no
marijuana cardholders (as of 3/7/10):
CASCADE
F.I AI NE
FERGUS
fR
a
PHI W PS
VALLEY
ROOSEVELT
RIG HLAN D
W CONE
GARFIELD
ROSE"'
E
BIG HORN
1 74%�%
DAWSGN
'fit=
PRAIRIE FA
FALLO
CU OF R
-CA RT6 k
POWDER
RIVER
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t }.
„F MIN:
...the +
legalminor s custodial
guardian parent or
g n with res onsibilihealth care decisions signs andty for
submits a written statement that:"
the minor's physician has explained to
the Minor and to the minor's custodial
parent or legal guardian
ith
responsibil y h re decisions
benefits of the
the poteitialmarijuana; and
�f medical use � � �
INSTRUCT
t 4aripna
1. 1 am the
2 The
3 I CC
4 1N
13
The parent( or guardian):��
• agrees to serve as the minor's caregiver;
• Additional six plants
NAME (t .�
�� The parent(orguar'
dian)W
MAILIN • agrees to control the acquisition
marijuana a q on of
CITY" � and the dosage and f re
the medical use of ma • • quency of
s�c+�.rijuana
.y 7,�
IRK
4
According to 50-46-205, MCA,, nothing
in the Montana Medical Marijuana Act
may be construed to require an
employer to accommodate the medical
use of marijuana in any workplace.
rTh ° vex, � o�
pr �aC111 a,Qo�1Z • �,��
case • on ° %Q. ,Q� •, p,�c,.
edi�a-J
%woo
the �
43
While
operating i'
vehicle,l control of a mot
motorboat,
In a school bus or other public transportati on
School grounds,
Correctional
'.
use) 11 1
s cal
li Public
Ion tenter
A person may not be subject to
arrest or prosecution for
constructive possession,
conspiracy, as provided in 45-4-
1021 or other provisions of law or
any other offense for simply being
in the presence or vicinity of the
medical use of marijuana as
permitted under this chapter.
0
.-;=. -L
Nothing llwww�-Iw
related
obtaining of the
seeds
Access
caregiver
to the
marijuana or
to patients and/or
4--, r rvt , rrk nnuuq
available
Seizures
(plants) Material
lal5 equipment,
• Responsibility for plants after arres
• Those left behind t
• Those seized
• Card info used in SW application?
.00
jk"
R
Presence of other people
(in g rOw, while patient is smoking, etc.)
•
T
WONNOW seeds, etc
ij..��Ijjjnjjji I
mere to acquire clones,
I AMOK-a-m
Caregiver employees
• Transporters
• Grow op employees
Number of plants or material
j
Pow,
• Patient & caregiver - b plants each
• 12 each if a couple
rip
• Caregiver can grow 6 plants for each patient
(not 12) -A
Grow Location
• Inspection/ oversight
• Caregiver/patient home address?
,% ,i"f'Ikrii W.i ifft,-
, 0, U
URT'
a T4711 C # - V41 I
Individual names and other identifying
information on the list must be confidential
and are not subject to disclosure, except to:
Q i
Y authorized employees of the department (DPHHS)
as necessary
�+ ., ' _ T , r;
r� _ _
y M authorized employees of state or local law
.. , enforcement asencies, only as necessary to verify
that a erson is a lawful possessor of a registry
identi 4cation card. - • =W;�
f i
GG -
A person, includin
the department or Other
eLmployee or official of
government agency) her state or local
commits the offense of
disclosure of confidential information
relating
to medical use of marijuana if the person
knowingly or purposely discloses confidential
information..."
"...in violation of 0- (7-10 (LE and •
program personnel)
Misdemeanor
ki
' 1
•person knowinhe� Y
or purposelyfabricates or
misrepresents a registry
identification card to a laws` }'
enforcement offi`
0 MisdemeanorIff
;=_
" a is engaged in the acquisition, possession,
cultivation, manufacture, use, delivery, transfer,
or transportation of marijuana or paraphernalia
relating to the consumption of marijuana to
alleviate the symptoms or effects of the medical
condition of the person identified in subsection
(1)(a) if the erson char ed with the. offense is a
uali 'n atient or a care.iver: "
Sept. 1.4, 2008 -- Great Falls Tribune (MT)
Dillon Man's Death Puts Medical Pot
BaWk In Spotlight
By John Adams, Great Falls un itol U1
z ti
s
lip -
IL fir. F
ti'
-
J
Cott Day
Mediczkl Marijuana patient
Died Awaiting Prosecution
h
53
3-a6-2o6. AFFIF
"...possesses marijuana only in an amount
that is reasonably necessary to ensure the
uninterrupted availability of marijuana for
the purpose of alleviating the symptoms or
effects of the medical condition of the
person identified in subsection (1) (a)
• "...a qualifying patient"
�J MAC
36. AFFIF
• • who states that" ...the
has a physician mariuana
j
T potential benefits of medical
f would likely outweigh h the health risks for
the person;
"provides marijuana to a person described in
subsection (1)(a) if the person does not
provide marijuana to anyone for uses that are
not medical;"
t
nm
,01 is engaged in the use of marijuana if the
person char ed with
� g „h the offense is a
qualifying patient.
a
•Impaired driving
•No THC limits in Montana DUID statutes
(law probably needs an upgrade)
•Must rely on DRE and/or other PC
Medical Marijuana program
Patients
Z. �,, `..
44
.....caregivers
4,000
3,000
2,000
- 1,000
0
700
.11
500
K11
300
200
100
C1�
v �
5
��b ti5
,��v
THE,
50
45
40
35
30
25
20
15
10
5
0
A
2004 2005
I III[ it Iva
(statistics from the state crime lab)
5
a
2006 2007 2008
2009
35
we,
_KK
e:
• 25
20
15
10
5
Ef
Ip
BI 1=1 41HOMrMA
(statistics from the state crime lab)
35
2004 2005 2006 2007 2008 2009
IM
160
140
120
100
80
60
40
20
0
(statistics from the state crime lab)
2004 2005 2006 2007 2008 2009
C�
= cc
I
k
L.
LOCAL MONTANA MONING HATI011 S40RLD BUSINESS WEATHER MAGAZINE
Home News Local %i e.s
Court date set for driver in crash that hurt
mother -to -be
The Gazette Staff I Posted: Sunday. Ilovemtaer 18, 2W8 11:W prp
A Billings man accused of being under the influence
Of marijuana when his pickup truck hit a car dnven
by a Pregnant woman is scheduled to be arraigned
Tuesday in District Court
Matthew fJl
Russell Fa urray Keavitt
9g for arraign23 will appear before JudgE
vehicular ho ment on a felon
alternative micide Kewitt is char I charge of
count ofnec�unt of negligent homicide and ath nthird
g gent vehicular
Central. Kewitt is n assault
Prosecutors filed of in
and I'the char voluntaril custody and
lorine Lane The charge last month for the March Y t0 enter a Is expected to aPPe
into a car driven gas allege plea to the char ar
by 19•year-olde Kewitt 7 collision n 9es_
After the crash Al,,Alsa Kline wh under the influenceear the
sufterth s sh Kline'Intersection of Central
s child w na of marijuana
serious and o was seven months Avenue
Potentially permanent by emer Y Ca tivh
n genc pregnant en he turned his truck
lures esarean segi°n but died nine days laIll ter Klinf
Larry Idayer rtrer0ters and amhubncE Gersann 1
to remote a WOrryn in in a
Of Centralkven el ti'iork
accident ue and Fbrfna Lane�pn at the 1gterseCtion
CIO
the eastbound lanes ofOn Harch 7, 2008. The
M
/ f
• as�in� into hoes
Ii0one rler: s Local Tle++s
Driver admits sm
i
CRjr.`lE,,-,lATc � �-
--- - -_ 9 P
story Discussion 11:00 Pm I L-Oading..
ber 25, 2a08 marijuana 4vhen he
Tuesd-Y. rl°tiem of alcohol and
ices I P°steel: under the influence
Gazette Tlevrs Serb' that he IN driving ied house
juesday' eel into an accup pleaded guilty to
A Billings man admitted true ,vhtch slamrn and p 1
pickup before Judge Russell Fagg
lost control of his P District Court
23 aPPeared in Misdemeanor DUI
Jared Michael Sharp , riminal endangerment and n criminal endangerment charges
charges of felony` -1155
six other felony
guilty pleas prosecutors d prison sentence
In exchange for his g six -year deferred p 1d p, plea agreement also says
receive a 1w9arch
and recommend he is scheduled to be sentenced
on bond fine and restitution in the
Sharp who remains free a S1 000 vas slid a
that he pay alcohol and marijuana and across
prosecutors yv'ill asY. 3 2447 he had consumed
ickup which slid
that on P,larch turn and lost control of they k lot
told Fagg recflrds say' Sharp took a wide ��,,estern Security' B
Sharp Court slid through the
1Pdest End rt (e eel a small hill and a2 feet before it rolled on its side an
Grand Avenue. wall and went another --
jumped a 3-foot-high retaining inured Tha
The pickup then P at 1500 Patricia Lane- No one was 1
house time of the crash �^ +
Slammed into a in the house at the _m
were
children. �_...-.�
eople. ,including' our -
^ M....�..-..-..-+ ..... ... .
SevenP
ffeatfallstrie���
,. W
a, . Local I�etrs
Archive
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Great Falls slaps moratorium on medical marijuana caregiver
businesses
BY RICHARD ECKE • TRIBUNE STAFF WRITER - FEBRUARY 3, 2010
1p Comrnents4a5j dRecomrnend(B) Z6 Printthis page a E-mailthis article 0 Share? TypeSizeAAA
11 2 Next Pege 1 l
metimes em
otional comments, Great Falls city commissioners Tuesday night slapped a
Fo11ow'ing So !!
three
_month moratorium on medical marijuana businesses in the city l�mi s ari uana,"Commissioner
their particular oRinions about m 1
. Everybody has q 2004 public vole in tylontana alloweda a whe le
Bill Bronson said.. —,
but city government has the right to regulate
mari}uana use, o he Said.
marijuana businesses will
�
LOS
N
I
f
a
approved an o
shutter the majority of the nearly 1,000 medical
and nAft the use of marijuana in the remaining
i
By MURUWN
Published: January 26, 2010
c on Tuesday that would
dispensaries in Los Angeles
ets illegal.
The nMWe, which passed on a "9-to-3 vote, imposes strict rules on the location of the
dispensaries — essentially moving them to more densely industrial zones — and restricts
their hours. The ordinance, which city officials acknowledge would be difficult to
enforce, will limit the number of dispensaries to 70, but its language suggests that even
fewer will be permitted if there is not ample space under the new parameters to
accommodate them
67
00
Marijuana grow operation 1
health and safety concerns
-Occu ants
dul t", S
_-
Children
WIL
DO
-21
f.M1OIITANA S, REG1011AL
WORLD BUSINESS
f
?AOIITAIIA 111BUS"'ESS STRANGE HMS
11
Ile�.rg Lflce,SIo`lved start o
Home Owner says red tape
'Ba��ely Ow vent tyre
•
.0v business
Story Discussion 24J Comments
soulian I Posted: y,tednesday, R;larch 3, 2010 11:30 pm I (
OF COIiEN of the 1.4is Heavenly wafts of chocolate nand e5t�pastltla lry° shops t
at
BY �� i�tissoula s South
001.
op
Indulge Bakery at the base of the
700 S ")' Higgins Are.
Hills ariepy beams ""'nen
0",,,ner and chef Shonna Rheims puffed pastries
10 she talks about the beautiful p I! in her
s
cupcakes shortbrea edaca e$okies on dtsp
gleaming glass -co e of her
This is her dream come true - to hay:e a bakery
oovn in the to,� n ,';here she greyv up but it �,as les
than idyllic brnnging it to life she explains
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in British Columbia
A recent study
revealed the likelihood of a.grow
operation catching fire is 1 in 22•
p
A grow operation is 24 times more likely
to catch fire than a typical structure.
As many grow operations are not
constantly monitored, fires that occur
have a greater risk of growin ou
g t of
control and threatening neighborhood
properties.
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"exposing a child to the criminal
f dangerous drugs,
distribution o s, g g
as prohibited by - -101, the
criminal production or
manufacture of dangerous drugs,
as prohibited by - -110, or the
! operation of an unlawful
` clandestine laboratory,as
prohibited by - -1 2Mew- ....a .... .... ....... ... . ......
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"For the purposes of this
subsection (7), "dangerous
[rugs" means the compounds
and substances described as
[angerous drugs in Schedules
I through IV in Title 50,
chapter 32, part 2."
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■ DRE
■ Local
Public awareness
■ Legislator awareness
■ Local awareness
Cits III 1(�11C
Courts well n��d to
sort son1� of this out.
C
■ THC levels
■ DEC and neglect laws
■ Regulatory/inspections
■ Clean up grey areas
13 Caregiver/patient ratio
13 "qualifying patient"
Prepare for "their"
amendments
■ Some overlap
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