Planning Board Work Session 03/03/10PLANNING FOR THE FUTURE
MONTANA
MEMORANDUM
To: Kalispell Planning Board
From: Tom Jentz, Planning Director
Date: March 3, 2010
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispeR.com/plannin2
Subject: Medical Marijuana — Zoning Amendment Work Session
The Kalispell City Council at its February 16, 2010 council meeting declared a zoning moratorium on
new or expansion of existing medical marijuana enterprises within the City of Kalispell. The
moratorium is effective for 90 days. In doing this, the city council has requested that the Kalispell
Planning Board review this issue at their earliest convenience, hold one or more public hearings as
necessary and make a recommendation to the city council as to how medical marijuana should be
addressed in the Kalispell Zoning Ordinance as it applies to the lands within Kalispell.
A public hearing concerning the operation and location of medical marijuana sales sites and facilities has
been scheduled for the regularly scheduled planning board meeting on Tuesday, March 9, 2010. It is
suggested that the planning board take public testimony at that meeting and then continue the hearing
until Tuesday March 23, 2010. After receiving public comment at the initial March 9, 2010 public
hearing the planning board should develop proposed language to address the sale of medical marijuana
within the city. This recommendation would then be the subject of the continued public hearing
scheduled for March 23, 2010.
Staff has enclosed the same information that was submitted at the previous work session including an
update on the number and type of users and sellers in Flathead County and the state. In addition, staff
has attached sample language for a motion that was requested by one of the planning board members.
Background:
The voters of the State of Montana passed Initiative Measure No. 148 on November 4, 2004 which
decriminalized the use of marijuana for treatment of medical conditions. In October, 2009, the Medical
Marijuana Act, (MCA 50-46) et seq. and the regulatory administrative code section, ARM 37.107 et
seq. became effective. Although marijuana remains federally classified as a Schedule I Drug under the
Controlled Substance Act, effectively designating it an illegal substance for federal purposes, the Obama
Administration recently announced a policy that it would not take enforcement measures against
medical marijuana use or the states that enable it.
These recent actions have created an immediate and enthusiastic interest on the part of some
entrepreneurs to establish the business of medical marijuana caregiver facilities within the City of
Kalispell. Concerned citizens have approached the council about the location of some of these facilities
being especially close to parks and schools. Consequently, the city did pass the moratorium allowing
the planning board an opportunity to research the issue.
Medical Marijuana Act Summary:
A more thorough description of the medical marijuana act is provided in attachments to this memo,
including the state law ARM's and a list of most frequently asked questions in Montana.
• There are 14 states which allow the sale of medical marijuana.
• Flathead County as of February 1, 2010:
Ranks 3r0 in state in number of patients (1116)
Ranks 2"d in state in number of caregivers (275)
• Statewide there are 8,600 current users:
Average age is 42
Only 18 are below 18 years of age
Only 84 are over 70 years of age
78% use it for "chronic pain"
Only 3% use is for cancer, glaucoma or AIDS
A brief summary is provided below to help you understand the scale and operation of this industry.
• To be eligible for medical marijuana, a "patient" must receive from a medical doctor a letter
stating that the medical benefits of medical marijuana exceed the risks involved in the use of
marijuana.
• The "patient must be examined by a doctor and be suffering from one or more chronic
conditions listed in the Act.
• The patient must apply to the state for a card which is renewable every year.
• The patient is allowed to grow a maximum of 6 plants and maintain, on residence, a maximum of
one ounce.
• The patient may sign up with a "caregiver" but only one caregiver. Each caregiver is allowed to
grow 6 plants and maintain, on site, one ounce of marijuana per patient.
• The caregiver must also register with the state.
Discussion:,
Staff has conducted a review of existing businesses within the city. There are 3 retail store front
medical marijuana operations at this time (1103 South Main Street, the KM Building and a business
across from Woodland Park in the old bridal shop). There may also be several businesses operating
within homes as home occupations at this time although there is no way of having an accurate count.
Theoretically, medical marijuana sales shops or stores would function as any other retail business with
some exceptions. It is expected that business volumes would be low as actual customers (for medical
marijuana sales) is limited to card carrying pre -approved patients. No large delivery trucks or unusual
traffic would be associated with the activity. Unusual hours would not be anticipated.
The more unusual characteristics would involve some limited cooking or food preparation on site as the
product is incorporated into certain food products/baked goods and then sold. There are presently no
limitations about consumption of medical marijuana on -site within the store. It can be smoked, inhaled
though a vaporizer and ingested in foods. Some stores choose to sell smoking/inhaling paraphernalia,
lines of "hemp" clothing, logo clothing, and possibly expand their retail area into a wider stream of
traditional health food products, beverages and foods which tends to mix medical marijuana patients
with the general shopping public.
Neighborhood Concerns:
Early marketers are saying we will be quiet and discrete. This will probably last until
competition and price become factors and the newness wears off. Then it is suspected that
advertising and marketing will significantly increase as has been the trend in other states. Staff
concerns are:
® Suggestive signage
® Sending a mixed message to our youth (and the not so youth) that after 40 years of saying
drugs are bad, meth is death, marijuana is a gateway drug, etc. to suddenly find stores in
your neighborhood.
® Finding stores next to a city park, a school, a day care, a church or a residential area thus
imposing a commodity or lifestyle in conflict with existing social values.
® Operation of stores on Main Street sending a mixed message to a traveling public which
comes to "family friendly' Kalispell
® Potential for increased crime or potential break ins or robbery in a neighborhood (probably
no more than a standard pharmacy) which is already occurring.
® Grow operations happening within stable neighborhoods injecting a de -stabilizing effect.
)Flow the Planning Office is Currently Addressing Medical Marijuana:
Currently, there is no medical marijuana definition or use in our zoning ordinance. We would therefore
regulate it in terms of similar uses. We could consider medical marijuana sales as a retail sales use and
therefore permissible in all of our commercial business zones. A legal product is being offered for sale.
We could define it as a pharmacy and limit them to just the B-3, B-4 and B-5 (our downtown zones)
however, we have not limited pharmacies elsewhere in the community to just those zones and we have
no definition of pharmacy in our zoning ordinance. Note in our new zoning ordinance update, we have
eliminated the term pharmacy altogether as we cannot find a need to separately define or regulate such
businesses.
Medical marijuana as a home occupation could meet our current definition if the provider had 8 or
fewer clients. This assumes that the plants are grown on -site, the marijuana is processed on -site, no
outside employees are brought in and signage is limited to a building mounted sign not to exceed 6
square feet.
The planning board could consider several approaches or variations of approaches as presented by staff
and discussed at the previous work session. These are offered to promote discussion and hopefully help
you refine your thoughts after receiving public input at the hearing. Note, the discussion addresses both
the home occupation side and the general retail store front of the medical marijuana industry.
MEDICALALLOW MARIJUANA RETAIL SALES STORES.; .
UNRESTRICTED:
1. We could define medical marijuana establishments as a general retail use and allow them to
occur in all of our business zones.
2. We could define medical marijuana as a general retail use and limit them to specific business
zones such as the B-2, B-3, B-4 and B-5.
1. We could add a statement to our zoning ordinance as follows: Any use, category of use or
accessory use provided for in this ordinance which is in conflict with any other local, state or
federal laws is hereby prohibited".
l' !
ALLOW1ICAL MARIJUANA SALES IN KALISPELL BY CONDITIONAL
PERMIT ONLY
1. We could categorize medical marijuana sales in the same category as adult book stores which
would limit them to Industrial zones and no closer than 1,000 feet from a school, church, park
or residential zone.
2. We could classify medical marijuana as a conditional use in all or just a few of our commercial
zones and/or industrial zones.
3. We could treat them as we do casinos (limit signage, limit how close they could be to another
sales store, and prohibit theirs from within 300 feet of a park, church, school or residential area.)
4. We could prohibit them on Main Street or maybe US 2 and US 93 (our main thoroughfares.)
If the planning board chooses option C and decides to proceed with medical marijuana as a
conditional use permit, a series of possible conditions for Commercial Operation are provided:
Below is a list of possible conditions that could be imposed on medical marijuana both as a retail
outlet and as a home occupation. Note that some of these conditions may be in conflict with others
and are only provided as possible approaches.
1. No dispensary shall be located within (300 — 1,000 feet), measured in a straight line regardless
of intervening structures from property line to property line, of the following:
a. Public and private schools, pre-school through twelfth grade
b. Public libraries
C. Public playgrounds and parks
d. State licensed daycares, groups homes, pre-release centers, and personal care facilities
e. Churches
f. Another medical marijuana dispensary
2. Dispensing, cultivation, and storage activities must take place indoors, and plants, products,
accessories, or paraphernalia shall not be visible from public sidewalks or rights -of -way.
3. Consumption of medical marijuana shall be allowed within the dispensary, provided that both of
the following conditions are met:
a. Any on site consumption shall conform to the Montana Clean Indoor Air Act. Or - no
smoking of medical marijuana is allowed on site.
b. The dispensary shall ensure that no person who has consumed medical marijuana on -site
is allowed to leave the premises if he/she is in a condition that may cause a hazard to
themselves or others.
4. No marijuana consumption shall be allowed outside of the building, including in the parking lot,
common areas, or sidewalks surrounding the property and a notice stating that shall be displayed
in a manner legible and visible to the clientele.
5. The dispensary shall keep records of all transactions and require proper identification of legal
patients
6. No patients under the age of eighteen (18) shall be permitted in the dispensary at any time
except in the presence of his/her parent or guardian, and a notice of that shall be displayed in a
manner legible and visible to the clientele
7. No retail sales of paraphernalia or other items are permitted at the dispensary except to patients
or their designees.
8. Parking requirements shall be the same as those for medical/ dental offices.
9 Advertisements, signs, displays, or other promotional material depicting medical marijuana,
leaves, buds, cigarettes, or smoking paraphernalia shall not be visible from public sidewalks or
rights -of -way.
1. The planning board could deem that the sale of medical marijuana and medical marijuana shops
and services are specifically not deemed to be a home occupation.
2. The planning board could allow medical marijuana sales as a home occupation in all of our
residential zones limiting the number of patients to possibly 8 to be in conformance with our
existing home occupation standards.
Possible Conditions for Home Occupations if selected:
A. Medical marijuana caregivers operating out of private residences and caring for up to
four (4) patients are allowed subject to the requirements for home occupations.
B. Medical marijuana growing facilities for more than 4 patients are not considered
home occupations.
C. Advertisements, signs, displays, or other promotional material depicting medical
marijuana, leaves, buds, cigarettes, or smoking paraphernalia shall not be visible from
public sidewalks or rights -of -way.
D. No materials not grown on the property shall be available for sale.
E. No marijuana consumption shall be allowed outside of the building, including in the
parking lot, common areas, or sidewalks surrounding the property, and a notice
stating that shall be displayed in a manner legible and visible to the clientele
F. No retail sales of paraphernalia or other items are permitted.
Possible Definitions
Caregiver, Primary: An individual, 18 years of age or older, who has agreed to undertake
responsibility for the well-being of a patient with respect to the cultivation and administration of medical
marijuana and has registered with the State of Montana as a qualifying caregiver. A qualifying patient
may have only one caregiver at any one time (per MCA 50-46-102).
Dispensary, Medical Marijuana: The use of any property or structure to cultivate and/or distribute,
transmit, give, dispense, deliver, or otherwise provide marijuana in any manner in accordance with state
statutes and administrative regulations to over twenty (20) patients, typically associated with more than
one care -giver and visible to the public as a commercial or professional office storefront.
Patient, Medical Marijuana: A person who has been diagnosed by a physician as having a debilitating
medical condition and that has registered with the State of Montana as qualifying medical marijuana
patient.
Suggested Language Addressing Medical Marijuana
As requested by a Planning Board member for discussion
(Kalispell Zoning Ordinance)
An amendment to Chapter 27.01 - General Provisions
27.01.050 Conflict with other laws. Any use of property in conflict with any city ordinance, or
any state or federal statute or regulation, shall not be considered as a use allowed
(whether permitted, conditionally permitted, accessory or otherwise) under this
ordinance_
An amendment to Chapter 27.22.160 — Home Occupations
27.22.160: Home Occupations. Home occupations are allowed in the R-1, R-2, R-3, R-4 R-5,
RA-1, RA-2 and RA-3 zones provided that the home occupation is clearly incidental and
secondary to the use of the property as a residence and provided the following standards
are met:
(1) Any commodity sold upon the premises must be produced on the premises. This
is not intended to preclude the occasional home party sales associated with such
products as Tupperware, Amway and Avon. This would include but not be
limited to music lessons, educational tutoring, consulting services, personal
services and photography studios. Home occupations would not include:
a) medical marijuana growing, sales, or consumption, or the sale of any related
goods and or services includiniz. but not limited to naranhernalia:
b) any type of auto, boat or RV repair, maintenance or painting;
c) any type of food preparation for on -site consumption;
d) any retail sales which include items not produced on -site;
e) or any other use which creates traffic uncharacteristic of a residential area or
requires outdoor storage of materials.
no
Charles A. Harball Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
Mayor Tammi Fisher
and Kalispell City Council
Charles Harball, City Attorney
Jane Howington, City Manager
Tel 406.758.7708
Fax 406.758.7771
charball@kalispell.com
SUBJECT: Ordinance No. 1673 — Instituting an Immediate Temporary
Prohibition Against Use of Property with the City of Kalispell
for Medical Marijuana Caregiver Facilities
MEETING DATE: February 16, 2010 — Regular Council Meeting
BACKGRO : As stated in the Memorandum to Council dated February
8, 2010, on November 4, 2004 the voters of the State of Montana passed Initiative
Measure No. 148 which decriminalized the use of marijuana for treatment of
medical conditions and in October, 2009 the Medical Marijuana Act, MCA 50-46 et
seq., and the regulatory administrative code section, ARM 37.107 et seq, became
effective. Although marijuana remains federally classified as a Schedule I drug
under the Controlled Substances Act, effectively designating it an illegal substance
for federal purposes, the Obama Administration recently announced a policy that it
would not take enforcement measures against medical marijuana use or the states
that enable it.
These recent actions have created an immediate and enthusiastic interest on
the part of some entrepreneurs to establish the business of medical marijuana
caregiver facilities within the City of Kalispell. Because of the rapidity of these
events the City has not had adequate time to ensure that its land use regulations
properly take this particular land use into account. Concerned citizens have been
contacting the council to express their concerns about the locations of these
facilities.
The City has the authority under MCA 7-5-104 and KMC 2-26, to enact an
emergency ordinance to take effect immediately for a period of 90 days if it finds
such measure is necessary to preserve the peace, health and safety of the city and
its residents.
RECO NDATION: Staff is recommending that the Council find that a
temporary 90 day prohibition against the use of property in the city for the business
of medical marijuana caregiver facilities is necessary to preserve the peace, health
Temporary Prohibition Against Medical Marijuana Caregiver Facilities Memorandum
February 10, 2010
Page - 2
and safety of the city and its residents. Staff further recommends that for the
reason that the determination of the appropriate land use designation within the
City of Kalispell for medical marijuana caregiver facilities should be determined as
soon as possible, this matter should be immediately referred to the Kalispell City
Planning Board for its review and recommendations.
FISCAL IMPACTS: Careful consideration must be given if a significant
unrecoverable investment has already been made within the City toward the
establishment of such business.
Respectfully submitted,
Charles all, City Attorney
46e Howington, City Ma ger
Office of City Attorney
City of Kalispell
WHEREAS, on November 4, 2004 the voters of the State of Montana passed Initiative
Measure No. 148 which decriminalized the use of marijuana for treatment of
medical conditions and in October, 2009 the Medical Marijuana Act, MCA 50-46
et seq., and the regulatory administrative code section, ARM 37.107 et seq,
became effective; and
WHEREAS, since the effective date of the Medical Marijuana Act there has been enthusiastic
interest expressed and inquiries made to the City regarding the establishment of
medical marijuana facilities that would grow, manufacture, produce or distribute
marijuana within the city limits; and
WHEREAS, the City of Kalispell Zoning Code does not currently address the land use of
medical marijuana facilities; and
WHEREAS, concerned citizens of Kalispell have sent communications to the City Council
asking that particular scrutiny should be applied to the land use regulation of
medical marijuana facilities; and
WHEREAS, the Kalispell City Council has the authority, pursuant to MCA 7-5-104 and KMC
2-26, to enact an emergency ordinance to take effect immediately for a period of
90 days if it finds such measure is necessary to preserve the peace, health and
safety of the city and its residents; and
WHEREAS, the Kalispell City Council hereby finds that an adequate amount of time is
necessary to inquire and determine an appropriate land use regulation for the use
of caregiver facilities that comply with the Montana Medical Marijuana Act and
that a temporary 90 day prohibition for any property in the City of Kalispell to be
used by a caregiver, as defined by MCA 50-46-102, to grow, manufacture,
produce or distribute marijuana is necessary immediately to preserve the peace,
health and safety of the city and its residents; and
WHEREAS, for the reason that the determination of the appropriate land use designation
within the City of Kalispell for medical marijuana caregiver facilities should be
determined as soon as possible, this matter should be immediately referred to the
Kalispell City Planning Board for its review and recommendations.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS
FOLLOWS:
SECTION I. The use of any property in the City of Kalispell by a caregiver, as defined
by MCA 50-46-102, to grow, manufacture, produce or distribute marijuana
is prohibited for a period of ninety days.
SECTION II. The City of Kalispell Planning Board is hereby directed to consider the
appropriate land use designation within the City of Kalispell for medical
marijuana caregiver facilities and report to the City Council with its
findings and recommendations.
SECTION III. Having found that the temporary prohibition of land use herein stated is
necessary immediately to preserve the peace, health and safety of the city
and its residents, this Ordinance shall become effective immediately.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 16TH DAY OF FEBRUARY, 2010.
ATTEST:
Theresa White
City Clerk
Tammi Fisher
Mayor
Charles A. Harball Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO: Kalispell City Council
Jane Howington, City Manager
FROM: Charles Harball, City Attorney
DATE: February 8, 2010
SUBJECT: Medical Marijuana Provider Clinics
Tel 406.758.7708
Fax 406.758.7771
cliarball@kalispell.com
ISSUE: What should be the response of the City to property being used within
the City for the purposes of providing a space to sell and consume marijuana by
those individuals possessing a registered medical marijuana card?
BACKGROUND: On November 4, 2004 the voters of the State of Montana passed
Initiative Measure No. 148 which essentially decriminalized (for state purposes) the
use of marijuana for treatment of medical conditions. The content of the initiative
was spare and provided very little process guidance to enforcement agencies.
Because of this the matter existed in limbo until the last state legislative session
when the Medical Marijuana Act, MCA 50-46 et seq., was enacted. This law and the
regulatory administrative code section, ARM 37.107 et seq, became effective in
October, 2009.
In the meantime the status of federal law became murkier. Marijuana
remains 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'. See the Department of Justice USDEA website at
htt-p://www.justice.izov/deaJeoncern/marijuana.html. In the face of this the Obama
Administration announced a policy that it would not take enforcement measures
against medical marijuana use or the states that enable it.
'In the case of United States v. Oakland Cannabis Club the U.S. Supreme Court ruled that
marijuana has no medical value as determined by Congress. The opinion of the court stated that: "In
the case of the Controlled Substances Act, the statute reflects a determination that marijuana has no
medical benefits worthy of an exception outside the confines of a government -approved research
project." The case reached the U.S. Supreme Court after the federal government sought an injunction
in 1998 against the Oakland Cannabis Buyers Cooperative and five other marijuana distributors in
California
Medical Marijuana Purveyors
February 8, 2010
Page - 2
As a result of the new state regulations and the federal determination not to
enforce federal law, a new business opportunity has developed. Nonlocal
individuals with apparent legitimate DEA prescription writing privileges have come
to town, rented space in hotels and advertised to meet, for a fee, with interested
people to provide them with the necessary documentation to obtain medical
marijuana registration. The turnout has been predictably large. These cards
entitle the individual to use marijuana. Other individuals, with the tendency
toward a green thumb, may easily obtain registration from the State to become a
provider ("Caregiver") of the marijuana and sell the substance to those individuals
who have the medical marijuana cards. Viola!! A new state sanctioned economy is
born.
Recently the City Planning Department was approached by individuals
seeking to use private property within the City as space to possibly grow, provide
and consume marijuana for medical treatment purposes. This land use is not listed
anywhere in the zoning code and the presumption is that if the use is not listed in
the code it is permitted in any zone. The property across the street from Woodland
Park and within one half block of an elementary school that had been used as
"Kay's Bridal Shop" was recently adorned with a sign that was simply a gold colored
marijuana leaf — somewhat reminiscent of signs hanging over "Head Shops". This
facility is currently being used as a medical marijuana site.
The Council is in receipt of letters from city residents concerned about the
direction that this seems to be going. Questions are being raised about whether
there should be some deliberation about where these sites are permitted to be
located as well as whether or not the use of the marijuana is actually for any
legitimate medical purpose. One of the letters to Council recounts a visit the writer
made to the new "clinic" and provides a visual to the reader that is quite different
from any medical facility to which we are accustomed.
The Kalispell Police Department and other local law enforcement agencies
have also expressed concern about the difficulties this situation presents to the
enforcement of drug prohibitions. The KPD is currently assessing its policing
policies in this respect so that it follows the state laws as best it can. The State's
registration system for medical marijuana still needs to evolve to the point where it
is actually useful and provides the necessary timely information to the law
enforcement agencies. As it currently exists, KPD has to be extremely careful that
in the course of investigating what appears to be an illicit marijuana grow
operation, it does not otherwise become liable for impairing a state sanctioned
business.
Office of City Attorney
City of Kalispell
Medical Marijuana Purveyors
February 8, 2010
Page - 3
KPD has also learned that based upon the experience of law enforcement in
the State of California which has been dealing with this issue for a couple of years
now, this community can expect a rise in the supply of illicit marijuana as well as
the additional crime of theft and robbery against the registered "caregiver" as it
becomes known in the community where a ready supply of marijuana is stored.
DISCUSSION: Other Montana municipalities currently facing this dilemma
have issued temporary emergency prohibitions against the use of medical
marijuana within their cities until they have adequately considered the issue and
established reasonable legal parameters. It remains to be seen what these
parameters may be.
The City Planning Department has suggested that there may be a couple of
different approaches taken by the City. One broad brush approach would be to add
a preface to the zoning code that states that no property in the City may be put to a
use that is contrary to federal, state or local law. This approach would be simply to
not allow the use of medical marijuana within the City limits. Although the
medical use of marijuana has been decriminalized under state law, it remains a
violation of federal law, even though that law is currently not being enforced. There
may be some prudence in this approach as the City has used and seeks future
federal funds to which the City has given and must give the assurance that it will
be and remain in compliance with federal law. Although the Obama Administration
has made it policy not to enforce the law, unless the law is actually changed, the
City cannot be certain that the next administration will also choose to forbear from
enforcement. Clearly the City does not want to risk losing federal funding or the off
chance that it might be called on to repay federal funding it already received.
A second approach would be to treat the use of medical marijuana much the
same as the City treats gambling facilities; that is to make it a conditional use and
to also create some separation from other uses that could be considered potentially
harmed by exposure to any sort of marijuana usage. For instance, property within
so many feet from schools, churches, parks etc. may not be used for medical
marijuana.
Any zoning response to the issue will require a planning board review and
report to the City Council, prior to consideration and enactment by the City. This
would entail a 90 to 150 day period to create an enforceable ordinance. Because of
such a delay the Council may want to consider following suit of some of the other
cities and enacting a temporary prohibition.
Office of City Attorney
City of Kalispell
Medical Marijuana Purveyors
February 8, 2010
Page - 4
Given the current state of the law, the Kalispell Police Department is obligated to
follow the state law and will leave the enforcement of federal law to the federal law
enforcement agencies. It will continue to work with the state on trying to fine tune
the registration process so that abuses to the registration process can be better
scrutinized and that registration information may become more timely and useful to
the officers on the street.
PROPOSED ACTION: The City staff is recommending that the City Council consider
the information that it has been given and to direct staff to bring it proposed legislation at
the next regular City Council meeting.
Respectfully submitted,
Char es Harbal City Attorney
Attached: MCA — Medical Marijuana Act with supporting ARM regulations
Office of City Attorney
City of Kalispell
Medical Marijuana Purveyors
February 8, 2010
Page - 5
Montana Code Annotated
50-46-101. Short title. This chapter may be cited as the "Medical Marijuana Act".
History: En. Sec. 1, I.M. No. 148, approved Nov. 2, 2004.
50-46-102. Definitions. As used in this chapter, the following definitions apply:
(1) (a) "Caregiver" means an individual, 18 years of age or older who has agreed to undertake
responsibility for managing the well-being of a person with respect to the medical use of marijuana. A
qualifying patient may have only one caregiver at any one time.
(b) The term does not include the qualifying patient's physician.
(2) "Debilitating medical condition" means:
(a) cancer, glaucoma, or positive status for human immunodeficiency virus, acquired immune
deficiency syndrome, or the treatment of these conditions;
(b) a chronic or debilitating disease or medical condition or its treatment that produces one or more of
the following:
(i) cachexia or wasting syndrome;
(ii) severe or chronic pain;
(iii) severe nausea;
(iv) seizures, including but not limited to seizures caused by epilepsy; or
(v) severe or persistent muscle spasms, including but not limited to spasms caused by multiple
sclerosis or Crohn's disease; or
(c) any other medical condition or treatment for a medical condition adopted by the department by
rule.
(3) "Department" means the department of public health and human services.
(4) "Marijuana" has the meaning provided in 50-32-101.
(5) "Medical use" means:
(a) the acquisition, possession, cultivation, manufacture, delivery, transfer, or transportation of
marijuana or paraphernalia by a qualifying patient or a caregiver relating to the consumption of marijuana
to alleviate the symptoms or effects of a qualifying patient's debilitating medical condition;
(b) the use of marijuana or paraphernalia by a qualifying patient to alleviate the symptoms or effects of
the patient's debilitating medical condition; or
(c) the use of paraphernalia by a caregiver for the cultivation, manufacture, delivery, transfer, or
transportation of marijuana for use by a qualifying patient.
(6) "Paraphernalia" has the meaning provided in 45-10-101.
(7) "Physician" means a person who is licensed under Title 37, chapter 3.
(8) "Qualifying patient" means a person who has been diagnosed by a physician as having a
debilitating medical condition.
(9) "Registry identification card" means a document issued by the department that identifies a person
as a qualifying patient or caregiver.
(10) (a) "Usable marijuana" means the dried leaves and flowers of marijuana and any mixture or
preparation of marijuana.
(b) The term does not include the seeds, stalks, and roots of the plant.
(11) "Written certification" means a qualifying patient's medical records or a statement signed by a
physician stating that in the physician's professional opinion, after having completed a full assessment of
the qualifying patient's medical history and current medical condition made in the course of a bona fide
physician -patient relationship, the qualifying patient has a debilitating medical condition and the potential
benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient.
Office of City Attorney
City of Kalispell
Medical Marijuana Purveyors
February 8, 2010
Page - 6
History: En. Sec. 2, I.M. No. 148, approved Nov. 2, 2004; amd. Sec. 2, Ch. 156, L. 2009.
50-46-103. Procedures -- minors -- confidentiality -- report to legislature. (1) The department shall
establish and maintain a program for the issuance of registry identification cards to persons who meet the
requirements of this chapter.
(2) Except as provided in subsection (3), the department shall issue a registry identification card to a
qualifying patient who submits the following, in accordance with department rules:
(a) written certification that the person is a qualifying patient;
(b) an application or renewal fee;
(c) the name, address, and date of birth of the qualifying patient;
(d) the name, address, and telephone number of the qualifying patient's physician; and
(e) the name, address, and date of birth of the qualifying patient's caregiver, if any.
(3) The department shall issue a registry identification card to a minor if the materials required under
subsection (2) are submitted and the minor's custodial parent or legal guardian with responsibility for
health care decisions signs and submits a written statement that:
(a) the minor's physician has explained to the minor and to the minor's custodial parent or legal
guardian with responsibility for health care decisions the potential risks and benefits of the medical use of
marijuana; and
(b) the minor's custodial parent or legal guardian with responsibility for health care decisions:
(i) consents to the medical use of marijuana by the minor;
(ii) agrees to serve as the minor's caregiver; and
(iii) agrees to control the acquisition of marijuana and the dosage and frequency of the medical use of
marijuana by the minor.
(4) (a) The department shall issue a registry identification card to the caregiver who is named in a
qualifying patient's approved application if the caregiver signs a statement:
(i) agreeing to provide marijuana only to qualifying patients who have named the applicant as
caregiver; and
(ii) acknowledging that possession of the registry identification card does not allow the caregiver to
engage in the use of marijuana or to use paraphernalia for any purpose other than cultivating,
manufacturing, delivering, transferring, or transporting marijuana for medical use by a qualifying patient.
(b) The department may not issue a registry identification card to a proposed caregiver who has
previously been convicted of a felony drug offense.
(c) A caregiver may receive reasonable compensation for services provided to assist with a qualifying
patient's medical use of marijuana.
(5) (a) The department shall verify the information contained in an application or renewal submitted
pursuant to this section and shall approve or deny an application or renewal within 15 days of receipt of
the application or renewal.
(b) The department may deny an application or renewal only if the applicant did not provide the
information required pursuant to this section, the department determines that the information was
falsified, or the applicant is not qualified to receive a registry identification card under the provisions of
this chapter. Rejection of an application or renewal is considered a final department action, subject to
judicial review.
(6) The department shall issue a registry identification card within 5 days of approving an application
or renewal. Registry identification cards expire 1 year after the date of issuance. Registry identification
cards must state:
(a) the name, address, and date of birth of the qualifying patient;
(b) the name, address, and date of birth of the qualifying patient's caregiver, if any;
(c) the date of issuance and expiration date of the registry identification card; and
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Medical Marijuana Purveyors
February 8, 2010
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(d) other information that the department may specify by rule.
(7) A person who has been issued a registry identification card shall notify the department of any
change in the qualifying patient's name, address, physician, or caregiver or change in status of the
qualifying patient's debilitating medical condition within 10 days of the change. If a change occurs and is
not reported to the department, the registry identification card is void.
(8) The department shall maintain a confidential list of the persons to whom the department has issued
registry identification cards. Individual names and other identifying information on the list must be
confidential and are not subject to disclosure, except to:
(a) authorized employees of the department as necessary to perform official duties of the department;
or
(b) authorized employees of state or local law enforcement agencies, only as necessary to verify that a
person is a lawful possessor of a registry identification card.
(9) The department shall report annually to the legislature the number of applications for registry
identification cards, the number of qualifying patients and caregivers approved, the nature of the
debilitating medical conditions of the qualifying patients, the number of registry identification cards
revoked, and the number of physicians providing written certification for qualifying patients. The
department may not provide any identifying information of qualifying patients, caregivers, or physicians.
History: En. Sec. 3, I.M. No. 148, approved Nov. 2, 2004; amd. Sec. 3, Ch. 156, L. 2009.
50-46-201. Medical use of marijuana -- legal protections -- Iimits on amount -- presumption of
medical use. (1) A person who possesses a registry identification card issued pursuant to 50-46-103 may
not be arrested, prosecuted, or penalized in any manner or be denied any right or privilege, including but
not limited to civil penalty or disciplinary action 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 in subsection (2); or
(b) the qualifying patient uses marijuana for medical use.
(2) A qualifying patient and that qualifying patient's caregiver may not possess more than six
marijuana plants and 1 ounce of usable marijuana each.
(3) (a) A qualifying patient or caregiver is presumed to be engaged in the medical use of marijuana if
the qualifying patient or caregiver:
(i) is in possession of a registry identification card; and
(ii) is in possession of an amount of marijuana that does not exceed the amount permitted under
subsection (2).
(b) The presumption may be rebutted by evidence that the possession of marijuana was not for the
purpose of alleviating the symptoms or effects of a qualifying patient's debilitating medical condition.
(4) A physician may not be arrested, prosecuted, or penalized in any manner or be denied any right or
privilege, including but not limited to civil penalty or disciplinary action by the board of medical
examiners or the department of labor and industry, for providing written certification for the medical use
of marijuana to qualifying patients.
(5) An interest in or right to property that is possessed, owned, or used in connection with the medical
use of marijuana or acts incidental to medical use may not be forfeited under any provision of law
providing for the forfeiture of property other than as a sentence imposed after conviction of a criminal
offense.
(6) A person may not be subject to arrest or prosecution for constructive possession, conspiracy, as
provided in 45-4-102, 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.
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(7) Possession of or application for a registry identification card does not alone constitute probable
cause to search the person or property of the person possessing or applying for the registry identification
card or otherwise subject the person or property of the person possessing or applying for the card to
inspection by any governmental agency, including a law enforcement agency.
(8) A registry identification card or its equivalent issued by another state government to permit the
medical use of marijuana by a qualifying patient or to permit a person to assist with a qualifying patient's
medical use of marijuana has the same force and effect as a registry identification card issued by the
department.
History: En. Sec. 4, I.M. No. 148, approved Nov. 2, 2004; amd. Sec. 4, Ch. 156, L. 2009.
50-46-202. Disclosure of confidential information relating to medical use of marijuana -- penalty.
(1) A person, including an employee or official of the department or other state or local government
agency, 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 50-46-
103.
(2) A person convicted of disclosure of confidential information relating to medical use of marijuana
shall be fined not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 6 months,
or both.
History: En. Sec. 5, I.M. No. 148, approved Nov. 2, 2004.
50-46-205. Limitations of Medical Marijuana Act. (1) This chapter does not permit:
(a) any person to operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or
motorboat while under the influence of marijuana;
(b) the use of marijuana by a caregiver; or
(c) the smoking of marijuana by a qualifying patient:
(i) in a school bus or other form of public transportation;
(ii) on any school grounds;
(iii) in any correctional facility; or
(iv) at any public park, public beach, public recreation center, or youth center.
(2) Nothing in this chapter may be construed to require:
(a) a government medical assistance program or private health insurer to reimburse a person for costs
associated with the medical use of marijuana; or
(b) an employer to accommodate the medical use of marijuana in any workplace.
(3) Nothing in this chapter may be construed to allow a caregiver to use marijuana or to prevent
criminal prosecution of a caregiver who uses marijuana or paraphernalia for the caregiver's personal use.
History: En. Sec. 6, I.M. No. 148, approved Nov. 2, 2004; amd. Sec. 5, Ch. 156, L. 2009.
50-46-206. Affirmative defense. Except as provided in 50-46-205, it is an affirmative defense to any
criminal offense involving marijuana that the person charged with the offense:
(1) (a) has a physician who states that or has medical records that indicate that, in the physician's
professional opinion, after having completed a full assessment of the person's medical history and current
medical condition made in the course of a bona fide physician -patient relationship, the potential benefits
of medical marijuana would likely outweigh the health risks for the person; or
(b) provides marijuana to a person described in subsection (1)(a) if the person does not provide
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City of Kalispell
Medical Marijuana Purveyors
February 8, 2010
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marijuana to anyone for uses that are not medical;
(2) (a) is engaged in the acquisition, possession, cultivation, manufacture, 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 person
charged with the offense is a qualifying patient or a caregiver; or
(b) is engaged in the use of marijuana if the person charged with the offense is a qualifying patient;
and
(3) 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).
History: En. Sec. 7, I.M. No. 148, approved Nov. 2, 2004; amd. Sec. 6, Ch. 156, L. 2009.
50-46-207. Fraudulent representation of medical use of marijuana -- penalty. (1) A person commits
the offense of fraudulent representation of medical use of marijuana if the person knowingly or purposely
fabricates or misrepresents a registry identification card to a law enforcement officer.
(2) A person convicted of fraudulent representation of medical use of marijuana shall be fined not to
exceed $1,000 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
History: En. Sec. 8, I.M. No. 148, approved Nov. 2, 2004.
50-46-210. RuIemaking -- fees. The department shall adopt rules necessary for the implementation and
administration of this chapter. The rules must address the manner in which the department will consider
application for and renewals of registry identification cards for qualifying patients and caregivers. The
department's rules must establish application and renewal fees that generate revenue sufficient to offset all
expenses of implementing and administering this chapter. The department may vary the application and
renewal fees along a sliding scale that accounts for a qualifying patient's income.
History: En. Sec. 9, I.M. No. 148, approved Nov. 2, 2004.
Administrative Rules of Montana
37.107.101 DEFINITIONS
In addition to the terms defined in 50-46-102, MCA, the following definitions apply to this chapter:
(1) "Adult applicant" means a qualifying patient of 18 years of age or older.
(2) "Applicant" means an individual applying for registration in the Montana Medical Marijuana
Program.
(3) "Approved patient" means a qualified patient who is on the program registry and has been issued a
registry identification card.
(4) "Bona fide physician/patient relationship" means a physician/patient relationship made in good
faith without fraud or deceit and is sincere with earnest and wholehearted intent.
(5) "Minor applicant" means a qualifying patient less than 18 years of age.
(6) "Registry" means the department's Medical Marijuana Program confidential listing of approved
patients and approved caregivers.
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Medical Marijuana Purveyors
February 8, 2010
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History: 50-46-210, MCA; IMP, 50-46-103, 50-46-210, MCA; NEW, 2009 MAR p. 322, Eff.
3/13/09.
37.107.103 REGISTRATION AND APPLICATION PROCESS
(1) An adult applicant, or a parent or guardian of a minor applicant, must have a
Montana mailing address and submit an application form provided by the department for
consideration to be placed in the state's confidential medical marijuana registry. An
application form is available by contacting the Department of Public Health and Human
Services, Licensure Bureau, 2401 Colonial Drive, Helena, MT 59620-2953. Application
forms are also available on the department's web site at www.dphhs.mt.gov.
(2) Application materials that must be provided include:
(a) application fee;
(b) the applicant's name, address, date of birth, social security number, or state of
Montana identification (ID) number;
(c) the name, address, date of birth, and social security number or state of Montana ID
number of the applicant's designated caregiver, if any;
(d) the attending physician's signed and dated statement which includes their name,
address, telephone number, Montana medical license number, and written certification
attesting to the attending physician's diagnosis that the applicant has a debilitating
medical condition as defined in 50-46-102, MCA.
(3) A copy of the relevant portions of an applicant's medical record may serve as the
attending physician's written certification as long as it clearly states:
(a) the patient has been diagnosed by the attending physician with a qualifying
debilitating medical condition;
(b) the medical use of marijuana may mitigate the symptoms or effects of the
debilitating medical condition; and
(c) the date the medical record was made and the attending physician's signature.
(4) The signed and dated attending physician's statement or copies of chart notes or
medical records must be current within three months of the date of an applicant's new or
renewal application.
(5) The department will verify with the Montana Board of Medical Examiners that the
attending physician is licensed to practice in the state of Montana, is currently on active
status, and the license is in good standing.
(6) If the applicant wants to use a caregiver, a caregiver must be designated on the
application. The caregiver must sign a statement agreeing to provide medical marijuana as
needed and available only to those qualifying patients who have designated on their
application that individual as their caregiver.
(7) The department will conduct a name -based criminal background check using the
Montana Criminal Justice Information Network to verify that a person designated to be a
caregiver has not been convicted of a felony drug offense in accordance with 50-46-103,
MCA.
(8) The department will issue a registry identification card to an approved caregiver for
each approved applicant who lists them as their caregiver.
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Medical Marijuana Purveyors
February 8, 2010
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(9) The department will either approve or deny an application within 15 working days of
receipt of the application. If approved, the department shall issue a registry identification
card to the applicant within five working days of approving the application.
(10) The registry identification card expires one year from the date of issuance and may
be renewed.
(11) If the application is denied, the department will send the applicant notice of this
denial and inform the applicant the reasons for denial.
History: 50-46-210, MCA: IMP, 50-46-103, 50-46-210. MCA; NEW, 2009 MAR p. 322,
Eff. 3113169.
37.107.104 INVALIDATION OR REVOCATION OF REGISTRY IDENTIFICATION CARD
(1) An approved patient who no longer has a debilitating medical condition and their approved
caregiver, if any, shall return all registry identification cards to the department within ten days of the
patient receiving written diagnosis by the approved patient's attending physician. It is the responsibility of
the cardholder to return the registry identification card.
(2) A registration card is not valid if the card has been altered or mutilated in a way that impairs
legibility. A photocopy of a registry identification card is not valid.
(3) The department may revoke an approved caregiver's registry identification card if the department
determines that an approved caregiver has violated the provisions of this chapter or the Montana Medical
Marijuana Act.
History: 50-46-210, MCA; IMP, 50-46-103, 50-46-210, MCA; NEW, 2009 MAR p. 322, Eff.
3/ 13/09.
37.107.107 FEES
(1) The application fee is $50.
(2) The annual renewal fee is $50.
(3) All fees:
(a) must be submitted with the application;
(b) must be paid by check or money order made payable to the Department of Public Health and
Human Services; and
(c) are nonrefundable unless the applicant is denied.
History: 50-46-210, MCA; IMP, 50-46-103, 50-46-210, MCA; NEW, 2009 MAR p. 322, Eff.
3/13/09.
37.107.109 REPLACING LOST OR STOLEN REGISTRY IDENTIFICATION CARDS
(1) If a program registry identification card has been lost or stolen, the department must receive
written notification from the approved patient or the approved caregiver prior to replacing the registry
identification card.
(2) If the registry identification card has been lost or stolen, the department will advise the approved
patient or approved caregiver to notify local law enforcement.
(3) Upon receipt of notification by the cardholder, the department will reissue as duplicate the registry
identification card and send it to the approved patient or approved caregiver.
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(4) The approved patient's file will include the notification regarding the lost or stolen card and
duplicate registry identification card reissue information.
History: 50-46-210, MCA; IMP, 50-46-103, 50-46-210, MCA; NEW, 2009 MAR p. 322, Eff.
3/13/09.
Office of City Attorney
City of Kalispell
Mriontana Fliedificalrl5uana Programn.
Frequendy Asked,Questions a t.."the Moontarha Med5calMarijuana
Act
MONTANA MEDICAL MARIJUANA ACT: "Medical use" means 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 a qualifying patient's debilitating medical condition.
1. When did Medical Marijuana become legal in Montana?
Initiative 148, the Montana Medical Marijuana Act, was approved on November 2, 2004, by 620/0
of Montana voters.
2. What are the laws governing the use of Medical Marijuana?
The Montana Medical Marijuana Act is found at MCA 50-46, parts 1 & 2. Click here to read about
the Medical Marijuana Program.
3. When do I become a valid medical marijuana patient or caregiver?
When a completed application is received by the department and entered into the Medical
Marijuana Registry.
4. How do I register as a medical marijuana patient with the state?
"Qualifying patients" must register with the Montana Department of Public Health and Human
Services, Licensure Bureau, 2401 Colonial Drive, P.O. Box 202953, Helena, MT, 59620-2953.
Phone: 406-444-2676.
To register, the patient must submit the following information on forms provided by the
department (forms are available on this website):
(a)Written medical certification by a medical doctor (MD) or doctor of osteopathy (DO) that the
person is a qualifying patient;
(b) the current application or renewal fee;
(c) the name, address, and birth date of the qualifying patient;
(d) the name, address, and telephone number of the qua Iifyingpatient's physician, his/her
signature and State of Montana license number; and
the name, address, and birth date and signature of the qualifying patient's caregiver, if any.
5. What medical conditions are eligible?
In order for persons to participate in the medical marijuana program, they must be diagnosed
with a debilitating medical condition. A debilitating medical condition is defined as:
(a) cancer, glaucoma, or positive status for human immunodeficiency virus (HIV), acquired
immune deficiency syndrome (AIDS), or the treatment of these conditions;
(b) a chronic or debilitating disease or medical condition or its treatment that produces one or
more of the following:
(i) cachexia or wasting syndrome;
(ii) severe or chronic pain;
(iii) severe nausea;
(iv) seizures, including but not limited to those caused by epilepsy; or severe or persistent
muscle spasms, including but not limited to those caused by multiple sclerosis or Crohn's
disease; or any other medical condition or treatment for a medical condition adopted by the
department by rule. (NOTE: To date, the department has not added to the list by administrative
rule.)
6. What written certification must I provide to be eligible?
A medical doctor (MD) or a doctor of osteopathy (DO) licensed by the State of Montana must
certify in writing to the department that you have a debilitating medical condition and that the
benefits of using marijuana for medical purposes would likely outweigh the risks. The department
provides a form for the attending physician to sign stating that it is his/her professional opinion,
after having completed a full assessment of the qualifying patient's medical history and current
medical condition made in the course of a bona fide physician -patient relationship, that the
qualifying patient has a debilitating medical condition and the potential benefits of the medical
use of marijuana will likely outweigh the health risks for the qualifying patient.
7. How much is the registration fee?
The fee for a new medical marijuana patient application is $25.00. There are no fees associated
for caregivers nor are there fees for changes. The fee is subject to change however, so please
check the Department's website to verify the current application or renewal fee.
S. I don't have the money for the registration fee. Is it a one-time payment? Can it be
waived? Can I make installment payments?
Full payment, by check or money order, (CASH will not be accepted) must be made at the time
of the initial application and at renewal each year. The fee cannot be waived, and the
department cannot accept installment payments.
However, low-income persons may receive services through the Medical Marijuana Policy Act.
This program can be contacted at: PO Box 77492, Capitol Hill, Washington D.C.
9. Will my medical insurance cover medical marijuana?
Consult with your individual insurance carrier for this information. The law specifically excludes
government and private insurance entities from being required to cover any costs associated
with medical marijuana.
10. Can I grow my own medical marijuana?
Yes. A "qualifying patient" who is approved and registered by the state may grow their own
medical marijuana --up to a limit of six plants and one ounce of dried marijuana in possession.
11. Can my caregiver submit my forms and pay the application fee on my behalf?
Yes. However, if the application is in any way incomplete, the application will be returned to the
applicant/patient. When completed, the application may be resubmitted.
12. Where do I get seeds? Where do I get plants? Where do I get a bag of medical
marijuana?
The Medical Marijuana Act (MCA 50-46, parts 1 & 2) allows a patient or caregiver to grow up to
six plants or possess up to one ounce of usable marijuana. The department cannot give advice or
referrals on how to obtain a supply of marijuana.
13. Can the name of a business be listed on a caregiver card?
No. A Caregiver means an individual, 18 years of older who by signing an application agreed to
undertake responsibility for managing the well-being of a person with respect to medical use of
marijuana.
14. How much medical marijuana can I possess?
A qualifying patient and a qualifying patient's caregiver may each possess up to six marijuana
plants and up to one ounce of usable marijuana. "Usable marijuana" means the dried leaves and
flowers of marijuana and any mixture or preparation of marijuana. This would include hashish,
tinctures or food products.
15. Do I have to notify the department if I change my mailing address or my caregiver?
Yes. A change request form must be submitted to the Department —on forms provided by the
department --noting any changes in the qualifying patients name, address, or caregiver. A
change request form can be printed from the Department's website A caregiver is responsible for
notifying the department of any changes in his/her address or if they are making changes in who
they will serve.
16. What information do I submit when I want to change caregivers?
A change request form must be completed and signed by both the patient and the caregiver
before it is mailed to the Department.
It is important to note that change requests will be processed in the order in which they are
submitted to the department. In other words, if a change request follows an already submitted
application, the original application, in its entirety, will be processed first. Any changes to that
application will be done sequentially and completed in the order received.
Again, the change request form can be found at: .
17. Is there a fee for a change request?
No.
18. Do any age limits apply for medical marijuana patients?
Only for minors who must have the consent of a custodial parent or legal guardian responsible
for medical decisions. The custodial parent or legal guardian must be the registered caregiver of
the minor patient.
19. Do I have to list a "grow site" address on my application (the place where I plan to
grow my medical marijuana)?
State law is silent on where grow sites can be located.
20. Is a patient's medical marijuana card issued by another state valid in Montana?
Yes, if the card is current. Under 50-46-201 (8), MCA "A registry identification card or its
equivalent issued by another state government to permit the medical use of marijuana by a
qualifying patient..." However, while in the State of Montana, approved patients from other
states must stay within the confines of Montana law.
21. Is the Montana Medical Marijuana Act recognized by other states? Can I travel to
another state with medical marijuana and not be arrested or charged with civil or
criminal penalties because I have my Montana registration card?
At this time, there are only 3 states that "recognize" one another's Medical Marijuana laws:
Montana, Rhode Island and Michigan. If you are traveling to a state other than Rhode Island or
Michigan, you will need to contact that state directly to ascertain the laws of that state regarding
the use of medicinal marijuana.
22. Do I need to keep a copy of my application and any other information I send to the
department to register?
This is up to each individual. However, it may be prudent to keep copies of everything you send
to the department.
23. Do I get a prescription from my doctor?
The federal government classifies marijuana as a Schedule I drug, which means that licensed
medical practitioners cannot prescribe it. Your physician must provide written certification of a
"debilitating medical condition" to the department and can only recommend the use of medical
marijuana (see attending physician statement form).
24. Is there a list of doctors I can talk to?
There is no published list of doctors available.
25. Can you refer me to a doctor?
No, it is the sole responsibility of the patient/applicant to locate and work with a physician and
establish a bona fide doctor -patient relationship.
26. Why are only M.D.s (medical doctors) and D.O.s (doctors of osteopathy) qualified
to sign the physician's "written certification" on the application? Why not naturopaths,
chiropractors, or nurse practitioners?
The Montana Medical Marijuana Act specifically references "physicians" who are licensed in
Montana. Under Title 37, chapter 3, `physicians' are defined as persons who hold a degree as a
doctor of medicine or doctor of osteopathy.
27. Does my physician have to be licensed in Montana?
Yes. Any doctor submitting written certification for the medicinal use of marijuana must have a
valid license to practice medicine in Montana and that license must be in good standing with the
Montana Board of Medical Examiners.
28. Why can't I just go to a pharmacy to fill a prescription for medical marijuana?
Pharmacies can only dispense medications that are prescribed. Marijuana is currently classified
by the federal government as a Schedule I drug, which means it cannot be prescribed by any
health care professional. The Montana Medical Marijuana Act only allows doctors to recommend
medical marijuana.
29. I am too ill to grow my own medical marijuana and need a caregiver. What can I
do?
A patient can assign a caregiver at the time of initial application, when they submit their renewal
application, or by submitting a change request to the department. The department will issue a
registry identification card to the caregiver who is named by a qualifying patient.
30. How can I be a caregiver and grow medical marijuana for patients?
A qualifying patient must name an individual to be a caregiver. The caregiver must complete and
sign the caregiver portion of the patient's application. Individuals convicted of a felony drug
offense are not eligible to be caregivers. Caregivers can be designated by one or more approved
patients.
31. Is there an age limit for caregivers?
Registered caregivers must be 18 or older. The Department will not issue a caregiver card to a
proposed caregiver who has previously been convicted of a felony drug offense.
32. Is a patient required to assign a caregiver?
No. A patient is considered their own caregiver unless they designate another person to be their
caregiver.
33. Can patients or caregivers form growing cooperatives?
The law is silent on this issue.
34. Does possession of a caregiver card allow the caregiver to legally consume medical
marijuana?
No, unless the caregiver is also an approved patient.
35. How often is a medial marijuana patient required to renew their Medical Marijuana
Registry Identification Card?
Registry Identification Cards are effective for a 1 year period. The renewal fee is currently
$10.00 and is subject to change. Renewal packets may be accessed online at.
36. Do I have to tell my landlord that I'm using medical marijuana? Can my landlord
evict me if I have my grow site in my rental housing? Can I live in subsidized housing?
The law is silent on this issue.
37. If I live in a nursing home, assisted living facility, or a retirement home, can I
consume medical marijuana?
The Montana Clean Indoor Air Act prohibits smoking in any health care facility. However,
consumption by ingestion or vaporizing of medical marijuana is permitted by the Montana Clean
Indoor Air Act. As such, you must verify with the facility if they permit the use of medical
marijuana and under what circumstance or conditions it would be allowed.
38. What should I tell my employer if I am subjected to a drug test?
The law is silent on this issue.
39. Can I use medical marijuana at work?
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.
40. How are the laws and rules of the Medical Marijuana Act enforced?
The department only provides services which allow qualifying patients and caregivers to be
registered. This includes making sure applications are complete before issuing a registry
identification card, denying incomplete or fraudulent applications, and suspending cards if
individuals violate the act.
Local and state law enforcement actions may vary. For more information on this, please contact
your local law enforcement jurisdiction.
The department has no authority to direct the activities of local and state law enforcement
agencies.
41. Can the police search me just for having a patient registry card?
No. Possession of or application for the registry identification card does not alone constitute
probably cause to search the person or property of the person possessing or applying for the
registry identification care; nor does this otherwise subject the person or property of the person
possessing or applying for the card to inspection by any governmental agency, including a law
enforcement agency.
42. Will paraphernalia associated with my medical use be protected?
50-46-201 (5), MCA states: "An interest in or right to property that is possessed, owned, or used
in connection with the medical use of marijuana or acts incidental to medical use may not be
forfeited under any provision of law providing for the forfeiture of property other than as a
sentence imposed after conviction of a criminal offense."
43. Where can I consume medical marijuana?
A registered patient is not permitted to smoke marijuana:
(i) in a school bus or other form of public transportation;
(ii) on any school grounds;
(iii) in any correctional facility; or
(iv) at any public park, public beach, public recreation center, or youth center.
Further the Montana Medical Marijuana Act prohibits any person to operate, navigate, or be in
actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of
medical marijuana.
44. I live within 1,000 feet of a school, which is a "drug -free zone." Can I still grow
and/or possess my medical marijuana there?
The Medical Marijuana Act does not address this issue. For questions about laws other than the
act, please contact your local law enforcement agency for guidance or consult with your personal
attorney.
45. Who has access to the patient registry list?
The state maintains a confidential list of "qualified patients" and "approved caregivers" to whom
the department has issued registry identification cards. Individual names and other identifying
information is not subject to disclosure except to:
(a) authorized employees of the department as necessary to perform official duties of the
department; or
(b) authorized employees of state or local law enforcement agencies, only as necessary to verify
that a person is a lawful possessor of a registry identification card.
_V_%�
F-lumblic comment
received to -date
MarchO:,201.0 ECEDYED
Icalis ell C,itU PlmnnLno De artvmnt avid Zoning eovnvuission MAR 0
201 T-irst Ave East
K,aLispell, Mt 5990s
KALISPELL PLANNING DEPARTMENT
re: Mareh9, 2o10 vvxetiwg, amendment to change zoning for wt.edicaL marJuana businesses
Dear Manwiwg avid zoning PersonweL,
In regards to the possible amendment for allowing vwedical vw2r6uawa businesses, i find it appalling that you
would ever consider changing the zoning around parizs, schools, churches, residential areas, etc., to allow what is
still a "federally illegal drug% to be sold/grown Ln these areas, or to be sold/grown over the counter at all. Even
though Lt was sontehow passed into law in our state, doesn't w,.ahe it safe Ln any oovnwtuwity. And even though
it is now 'legal, to use mediraL vuar�uana, there have been little or no laws or safety wets established in our state
to prevent the illegal sale to persons that claivt& to weed Lt medically and are in fact using it in aw illegal manner.
I realize there are legal courses you mt4st follow once an Ltevu is addressed, but there is always the opportunity to
say "no", this Ls not right and we will not accept Lt lilee the slogan goes just say no to drugs". we should not
comprondse our covu.wt.unity standards, and this issue should not be challenged in the future.
i-+ow are the law evt foraent.entpersonneL to of fectivelu monitor this i f IUou allow this range of business to encroach
into the eommL nities? EspeeiaLly wLthout having any strict, regulated guidelines and laws in place regarding
these 'gray" areas of business. whevithese businesses are allowed into the communities, the freedoms of a bigger
percentage of citizens are taleen away, because they have no protection against them then.
why should "vnedLcal" MCIrokana be grown orsoLd any dif ferewtlU than anU other drug that has to be prescribed
by a licensed physician? Mahe this the opportunity to put this in place.
It toole decades to put vu.ost types of protection into place. The law ew forcent.ewt and citizens put a tremendous
amount of effort into establishing law -protected areas against drugs and the related activities and persons that
ensue. These protected areas were established as a result of necessity, not just a randow, act. The •drug -free' zones
are a necessary safety net for all comn&unities. The zoning for these areas are the result of generations of
fav u. cs and cLtizens, and many years of fund raisLne from law enforcement agencies and the schools. These
factors should never be disvu.issed so easily. The few people this type of business would bentfLt is more than likely
an extremcLy smallpercew.tage of the citizens in this or most any commknity, avid the repercussions of changing
the zoning in these areas is devastating avid would allow for loop -holes to develop for other 'gray, area businesses.
Therefore, I w-OU a vu.otiovt, for the following:
That the city plavt,ning avid the zoning cowt.vu.ission adopt and opt not to ever allow any "federally described
illegal drugs" for sale, or to be grown, within the city lwnits. Furthermore, to adopt the same regulations for the
Evergreen district, as Lt Ls always pending city annexation. furthermore, to adopt a Law stating that any
prescription drug sold or grown must follow the same eft and federal guidelines currevt,tly iw place, to be sold by
a Licensed pharmnaLst at a licensed drug facility. Furthermore, that any and all areas currewtLy zoned for setbacl2s,
such as churches, schools, parks, residential areas, etc., be forever protected from action to change zoning.
sLozereLy,
� ula fryers
NOT in My Town
Marijuana is NOT medicine:
• Medicine has proven therapeutic effects without dangerous effects
• Medicine is product labeled with a specific dose; marijuana products are not
regulated —the producer/seller cannot prove that the product is pure or that
active ingredient is present.
• Scientific studies show limited efficacy of cannabinoids [the active
ingredients in marijuana] for treatment of specific illnesses. These studies
were done with pharmaceutical products, NOT marijuana.
• These studies do NOT show efficacy for treatment of musculoskeletal pain.
• Pharmaceutical products such as Marinol, Sativex, and Cesemet have limited
indications [intractable nausea with chemotherapy, anorexia in AIDS, MS]
and significant "boxed" warnings [see attached]
• Food and Drug Administration [FDA] press release April 20, 2006
o No sound scientific studies support medical use of marijuana
• No animal or human data support the safety or efficacy of marijuana for
general medical use
Marijuana is NOT legal:
• Federal Law 21 USC 812(b)(1) Schedule 1
- High potential for abuse
- No currently accepted medical use in treatment in the US
- Lack of accepted safety for use under medical supervision
• Montana Code Annotated medical marijuana 50-46-205
- This chapter does not permit:_(a) any person to operate, navigate, or
be in actual physical control of any motor vehicle, aircraft, or
motorboat while under the influence of marijuana;
- Nothing in [sections 1 through 9] may be construed to require:
(b) an employer to accommodate the medical use of marijuana in any
workplace.
Marijuana is NOT good for you:
• Hallucinations, paranoia, anxiety, acute transient psychotic episodes
• Rapid heart rate, high blood pressure
• Smoking effects [cancer, lung disease]
• Dizziness, sleepiness, blurry vision, feeling drunk and disoriented
• Loss of motivation, poor judgment
• Impaired social and occupational function
Rebecca Sturdevant, 135 Rimrock Ct., Kalispell, MT 752-0420
Marijuana is especially dangerous for children
• Permanent changes in young brains are associated with marijuana use.
• There is a significant increased risk of developing schizophrenia in children
who use marijuana.
• Marijuana is used as a date rape drug
• Marijuana use is associated with poor academic performance
Marijuana is dangerous for drivers:
• Simulators and controlled on -road situations
— increased reaction time
— increased incorrect responses for decision making
— impaired emergency response behavior
• A study of 3398 fatally injured drivers in Australia showed that drivers
under the influence of marijuana had 6.6 times greater risk for death than
sober drivers
• Mixing alcohol and marijuana increases the relative risk of fatal crash to
greater than either drug alone or than either drug added together.
• Pilot simulator testing showed the impairment from a single marijuana
cigarette lasted 24 hours, even though the pilots said they no longer felt the
drug's effect
• Chronic users are impaired all the time; significant impairing blood levels
persist for days
• The drivers who killed Michael Haynes and Judy Wang were under the
influence of marijuana and alcohol.
• 30 Montanans died in 2008 in crashes where marijuana was a factor.
A person who uses marijuana may not drive and may not work in
any safety sensitive job where a momentary lapse in concentration
may result in serious injury or death.
Rebecca Sturdevant, 135 Rimrock Ct., Kalispell, MT 752-0420
SATIVEX [THC + CBG] Liquid sprayed under tongue
Restrictions
Not available in U.S.; CDSA-II
Contraindications
Hypersensitivity to cannabinoids or any component of the formulation; serious
cardiovascular disease (including arrhythmias, severe heart failure, poorly controlled
hypertension, and ischemic heart disease); history of psychotic disorders (including
schizophrenia); women of childbearing potential who are not using a reliable form of
contraception; males intending to start a family; children <18 years of age; pregnancy;
breast-feeding
s
• Buccal mucosa irritation: May be irritating to the buccal mucosa; avoid
administration in an area of soreness or inflammation.
Cardiovascular effects: [Canadian Boxed Warning]: May be associated with
adverse cardiovascular effects, including tachycardia and alterations in
blood pressure (including orthostatic changes). Dosage must be carefully
titrated and monitored, with downward adjustment in patients with
unacceptable adverse events. Use is contraindicated in ischemic heart
disease, arrhythmias, poorly -controlled hypertension, and severe heart failure).
CNS effects: [Canadian Boxed Warning]: Use may be associated with
dizziness, changes in mood, cognitive performance, memory,
impulsivity, and coordination, as well as an altered perception of reality,
particularly with respect to an awareness/sensation of time. Adverse
effects are dose -dependent and vary among patients. Dose reductions, greater
intervals between doses, or interrupting therapy may resolve unwanted effects.
Drug discontinuation is recommended, and a period of close observation
should be instituted, in patients experiencing a psychotic reaction. May impair
physical or mental abilities; patients must be cautioned about performing tasks
which require mental alertness (eg, operating machinery or driving).
Genitourinary effects: Use caution in cancer patients. Increased risk for urinary
retention and infection.
Rebecca Sturdevant, 135 Rimrock Ct., Kalispell, MT 752-0420
SATIVEX (CONT)
Disease -related concerns:
• Drug abuse: [Canadian Boxed Warning]: Potential for drug dependency
exists. Tolerance, psychological, and physical dependence may occur
with prolonged use. Use with caution in patients with a history of drug abuse
or acute alcoholism; potential for drug dependency exists.
• Hepatic dysfunction: Use in patients with significant hepatic dysfunction has not
been studied. Use with caution.
• Renal dysfunction: Use in patients with significant renal dysfunction has not been
studied. Use with caution.
Seizure disorder: [Canadian Boxed Warning]: Use with caution in patients
with a history of seizure disorder.
Concurrent drug therapy issues:
• Ethanol/sedatives: [Canadian Boxed Warning]: Concurrent use with other
sedatives, psychotropics, hypnotics, or ethanol may potentiate adverse
CNS effects.
Other warnings/precautions:
• Prescribing restrictions: [Canadian Boxed Warning]: Prescriptions should be
written for the minimal amount needed between clinic visits.
Special populations:
• Elderly: Use with caution in the elderly. Close monitoring of this patient population
is required.
Pregnancy Considerations
Cannabinoids have been associated with reproductive toxicity. Animal studies indicate
possible effects on fetal development and spermatogenesis. Use in pregnancy is
contraindicated. Women of childbearing potential and males who are capable of causing
pregnancy should use a reliable form of contraception for the duration of treatment and
for 3 months following discontinuation.
Enters breast milk/contraindicated
Rebecca Sturdevant, 135 Rimrock Ct., Kalispell, MT 752-0420
Theresa White
From: Camden Kneeland [soonerdoc@gmail. com]
Sent: Sunday, February 14, 2010 3:39 PM
To: Theresa White
Subject: URGENT: Medical Marijuana vs. Real Medicine
As a fellowship trained pain medicine physician and medical director of the most comprehensive chronic pain clinic in
the state, I would strongly encourage you to vote against marijuana clinics. There is no high quality, peer reviewed,
randomized controlled, evidence in favor of marijuana as a treatment for chronic pain. Furthermore, even if there were
evidence in its favor, the current system allows no way to monitor the quality or mode of administration of THC.
Please contact me if you would like to add credibility to any arguments against the use of medical marijuana for the
treatment of chronic pain.
Sincerely,
Camden Kneeland
Camden Kneeland, M.D.
Medical Director
The Montana Center for Wellness & Pain Management
2/17/2010
-tl- s -- I
Theresa White
From: Gayle Trautwein [trautwein@centurytel.net]
Sent: Sunday, February 14, 2010 12:29 PM
To: Theresa White
Subject: Medicall marijuana
Kalispell City Council Members:
We read the article in the Sunday Interlake about the marijuana moratorium.. We have been concerned since we first heard
about this new type of businees coming to our city. We have heard nothing about reugulation or policy.
We believe the Golden Leaf should not operate so close to a school and public recreation facilities. In fact, the city of Los Angeles
has an ordinance where a businees like Golden Leaf cannot operate within a 1000 feet of any school or public recreation area ...
We hope the city council will pass this emergency ordinance imposing a 90 day moratorium on the medical marijuana business.
Thank You
2/17/2010
To: Mayor Fisher and the Members of the Kalispell City Council
Subject: The Golden Leaf
Dear Mayor Fisher and Council Members:
It has come to our attention that the former Kay's Bridal Shop at the corner of Conrad
Drive and College Avenue is announcing that it is going to become a medical marijuana
dispensary, The Golden Leaf. Respectfully, we would like to voice a protest against its
planned opening on the basis of its proximity to
1. The Kalispell Montessori Elementary School on College Avenue.
2. Woodland Park and its swimming pool, skateboard park, ice skating rink, and picnic
areas.
3. The School District 5 bus loading area across the street.
4. The Score Board Bar, already notorious.
5. The derelict mobile home park on College Avenue.
6 The congestion of car, bicycle and pedestrian traffic already at that corner and the lack
of adequate parking at the former Kay's Bridal Shop.
We also hope that you will take the time to read the two attached articles from the
February 2, 2010 issue of the Great Falls Tribune on how other cities are attacking this
problem.
Considering the number of children and teenagers in the area, on this basis alone, it seems
inappropriate to allow such a business in that location. We, the undersigned fervently
hope that you will seriously consider our petition of protest and act in what we feel will
be in the best interests of the community.
DATE
SIGNATURE
PRINTED NAME
ADDRESS
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To: Mayor Fisher and the Members of the Kalispell City Council
Subject: The Golden Leaf
Dear Mayor Fisher and Council Members:
It has come to our attention that the former Kay's Bridal Shop at the corner
of Conrad Drive and College Avenue is announcing that it is going to become a
medical marijuana dispensary, The Golden Leaf. Respectfully, we would like to
voice a protest against its planned opening on the basis of its proximity to
1. The Kalispell Montessori Elementary School on College Avenue.
2. Woodland Park and its swimming pool, skateboard park, ice skating rink, and
picnic areas.
3. The School District 5 bus loading area across the street.
4. The Score Board Bar, already notorious.
5. The derelict mobile home park on College Avenue.
6 The congestion of car, bicycle and pedestrian traffic already at that corner
and the lack of adequate parking at the former Kay's Bridal Shop.
We also hope that you will take the time to read the two attached articles
from the February 2, 2010 issue of the Great Falls Tribune on how other cities
are attacking this problem.
Considering the number of children and teenagers in the area, on this basis
alone, it seems inappropriate to allow such a business in that location. We,
the undersigned fervently hope that you will seriously consider our petition
of protest and act in what we feel will be in the best interests of the
community.
DATE / SIGNATURE�TED NAME ADDRESS
I. Z �O I'RhNC-cS C . Ol1E,v rL 536 S LVAIV 1>K
y kaus�ll
2. z/z /10 R T OUgg v bl e, sk
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Theresa White
From: Tom n' Donna [tom066@centurytel.net]
Sent: Monday, February 08, 2010 1:28 PM
To: Theresa White
Subject: marijuana business location
To Tammi Fisher and City Council members,
My husband and I are strongly opposed to the location of a medical marijuana business across from Woodland Park
and less than a block away from a school and child care facility.
We are not opposed to the medical marijuana business being located away from parks and schools. We believe
voters want you all to protect the children of Kalispell!!!
Sincerely,
Donna and Tom Marx
401 Sylvan Drive
Kalispell, MT 59901
755-0096
E-mail message checked by Spyware Doctor (7.0.0.514)
Database version: 6.1.4300
http:/Iwww,p ztools.com.lsp_y_ware.-doctor-antiv_irusl
2/11/2010
February 4, 2010
The Honorable Mayor Tammi Fisher
Kalispell City Council Members
502 2" Ave. East
Kalispell, MT 59901
Dear Mayor Fisher and Council Members:
I have been watching the progress of the Medical Marijuana issue here in our city. I don't object to a
properly regulated source of the drug for those in chronic pain, but I find the idea that a store front
selling the drug across the street from our beautiful Woodland Park and close to an elementary school
abhorrent. What sort of message does THAT send to our young people and citizens in general?
If we do not have any regulations in place to prohibit such a location, why not? And couldn't we follow
the example of Whitefish in slowing the process with a 6 month moratorium allowing the issue to be
dealt with rationally without undue time pressure? Or read The Daily InterLake's article in today's
issue about Great Falls' 3 month moratorium on selling or growing medical marijuana. That would be a
good guideline for Kalispell. Billings put a ban on any new shops for 6 months. All this would indicate
that care needs to be taken in allowing selling and/or growing of medical marijuana, and not only
because of the location of such businesses.
I urge you to take time to address this issue in a calm, proactive manner so the City of Kalispell is able
to control the location and possible harmful effects this type of business could promote within the City.
Sincerely,
Fay Wolf
615 7`" St. East
Kalispell, MT 59901
755-4842
Theresa White
From:
michael spooner [bonnies@bresnan.net]
Sent:
Thursday, February 04, 2010 5:16 PM
To:
Theresa White
Subject:
our community and the Golden Leaf marijuana store
Attachments: medical marijuana store.doc
1191
medical marijuana
store.doc {2...
My husband and I have been active members of this community for 48 years. Our mom's and dad's,
grand parents,aunts and uncles are from the Flathead Valley and most have died in the Flathead Valley. Our concerns for
this community are warranted and just. We ask that you uphold your pledge to this community by making it a better place
to live, raise families, work, and retire. I take this letter seriously and with great regard. I hope you do too as we are subject
to your decisions regarding this community and how it functions.
Thanks, Mike and Bonnie Spooner 341 College Ave, Kalispell, Montana 59901
e
341 College Ave
Kalispell, Montana 59901
Office: 406.756-0468 Cell: 406.250-4425
To our new Mayor Fisher and the Kalispell Council Members:
With the onset of our new Mayor and Kalispell Council Members, I am looking forward
to seeing new and improved changes to our community.
One new change that has taken place recently, is the opening of the new medical
marijuana healing facility called the Golden Leaf in the old Bridal Boutique store. With a
major community park across the street that facilitates the activities of swimming,
skateboarding, ice hockey, family picnics, family parties not to mention weddings and
other community based functions, and a school (Kalispell Montessori) a stone's throw
away, I couldn't believe it when I noticed this new business in our neighborhood. As you
are aware of, this neighborhood already has many problems with drug and alcohol
disturbances from the trailer court on College Ave. (not to mention a murder or two in the
past), and I can only imagine the fuel that this business will add to the trailer court.
Who are these people that are pushing "these businesses" into our community? Are they
registered and licensed healers? Does anyone know anything about them? I went into this
establishment when it was first opening, as I thought the Golden Leaf would be a
coffee/tea house. The inside was filthy and "some guy wearing a baseball cap" came out
from behind a curtain. It was weird.... really weird. This business addition to our
neighborhood is unacceptable. Now, I know you're probably really busy and won't be
able to address this problem for a couple of years, but, at least I've done my community
service by making my voice heard. That's all I can do.
And, since I'm on my soapbox.....we have been trying for years to do something to clean
up the trailer court on College Ave, but to no avail. The owner continues to collect rents
without maintaining that property. It is an unhealthy environment not only socially but
economically as it has deteriorated the value of all the homes in the neighborhood.
Anything we can do about that disgusting eyesore? Can we make them put a fence
around the trailer court? The cars park with their tail -ends sticking out into the street and
one day, there will be an accident, no question!
Thanks,
Mike and Bonnie Spooner
From: Inga Curtis [ingahoo@gmail.com]
Sent: Saturday, January 30, 2010 10:44 AM
To: Theresa White
Subject: Fwd: City Council about Marijuana Store
Mayor Fisher and Kalispell Council Members:
With the beginning of January 2010, I welcomed the new mix of Kalispell's City Council Members with a salute to our
new mayor, Tammi Fisher. However, I couldn't believe that I would be testing these grounds s0000 soon.
Ten days ago, I walked past the former Bridle Shop at the east corner of Conrad Drive and College Ave. Noticing the
sign that read, "Coming Soon, Golden Leaf." Thinking perhaps a jewelry store, but turns out not quite the gem I was
hoping for.
--First question ----How could this "be" so close to the Woodland Montessori School established nearly 30 years????
Being a former school teacher and rearing 2 children on my own ---am just a little sensitive! Thinking this over for
awhile, I went to Sally at the school to hear what's what? Sally did call the city and was told there was no ordinance
opposing this business within the city. The corner fence of the proposed business site is maximum 30 feet diagonal to the
school. Sally further mentioned that a gentleman wanted to rent this site as a dog obedience school, but the city declined
his request unless he had a kennel license. This person was not going to have any overnight dog stays.
I realize that this area of Conrad Drive is zoned commercially for a long time as there has been and still is a chiropractic
office, insurance agent, dentist, beauty salon and the former bridal shop. These business are quite and low profile.
Having a Marijuana Store in Kalispell is a new adventure. I strongly feel it will be necessary to be well monitored in
order to convince the residents of our town that it will be okay. My street is the back alley --Sylvan Dr. Often from
midnight to 2 a.m. it is a raceway, and I don't see any policemen sitting here. What will be the hours of business for the
Golden Leaf? Also Conrad Drive is having a higher incidence of police calls. Quite the apex. Also recall the city's
problems with the youth hanging around Woodland Park last summer. Do you realize that the school bus stops twice a
day at Woodland's Qwickie Stop -Conoco?
Reflecting back when your children were home & those of you who still have children, would you would rest easy with
the Golden Leaf in YOUR back yard?
A quote from January 6, 2010 Beacon: Mr. Michael J. Smith said, "he wants to be in town, but he doesn't plan on being
overtly conspicuous. I don't intend to be on Main Street so when the tourists show up in the summer their kids say, 'Look
there is a pot store,"' Da! How about families and kids in Woodland Park ---plus Montessori School kids and the public
school bus stop???? Certainly there are other locations within the city better suited for police observation without being
on Main Street. How about the old B & B store complex right next to the Wine and Roses liquor store? I know that I can
think of other sites rather than this proposed one on Conrad Drive.
By the way, are you aware that Los Angeles is in the process of closing half of their marijuana stores starting with those
closest to parks and schools? Denver is looking into this same procedure. Daily Inter Lake: Thursday, January 28, 2010
would be one of the recent references. Why is it that insights of similar situations do not come easily thru observations ?
I feel that we continually try to reinvent the wheel and then get stuck in our own mud. With a little foresight and
planning, that mud would not occur.
I have been able to re -read this email in less than three minutes which is the time I would have been allow at a Monday
night's council meeting. If you made it this far ---please respond to me. I sincerely would appreciate your insights,
comments and suggestions.
2/17/2010
I do live on a 2 - way street! I am sincere. Kris Curtis
2/17/2010
Theresa White
From:
Mark Norley [markjames@bresnan.net]
Sent:
Friday, January 29, 2010 6:34 PM
To:
Theresa White
Subject:
The Golden Leaf
Your Honor and City Council Members:
I'm James Udick, resident at 612 Sylvan Court, and I would repectfully like to voice a protest against the planned opening
of the Golden Leaf (medical marijuana dispensary) in the former Kay's Bridal Shop on the corner of Conrad Drive and
College Avenue on the basis that
1. It is less than 100 yards from the Montessori Elementary School 2. It is across the street from a scheduled school bus
stop 3. It is across the street from Woodland Park (the swimming pool, the skateboard park and the ice rink) 4. It will do
nothing to improve that part of my neighborhood which desparately is in need of improvemnt -- I recommend that each of
you drive down to that corner and up College Avenue and see for yourself.
5. It is close to a notorious bar, the Score Board.
I most sincerely encourage you to do all you can to halt the planned opening of this facility.
Thank you,
James Udick
756-1240
markjames@bresnan.net
Theresa White
From: Felix Dupuy [dupuy@centurytel.net]
Sent: Monday, January 11, 2010 2:22 PM
To: Theresa White
Subject: Fw: Medical marijuana
Kalispell City Council,
Rather than rewrite my comments I am enclosing a copy of an e-mail I sent to the council members of Whitefish.
I strongly suggest that you re -visit your decision on a Cannibis club in Kalispell. This is a grave error.
Felix Dupuy,
Whitefish, MT
----- Original Message -----
From: Felix Dupuy
To: nlorangacitvofwhitefish.gov
Sent: Monday, January 11, 2010 2:13 PM
Subject: Medical marijuana
Members of the city council,
I would like to commend the Whitefish council members for their stance against Cannabis clubs. Medical marijuana is a ruse. It will
only allow extended and easier use of marijuana. Drug use has caused the death of over 15,000 people in Mexico alone in the last
three years, all are not drug dealers and cartel members. As was reported last month in the Interlake an entire innocent family was
wiped out in retaliation of a drug raid. This is a common occurrence. There is no reason to encourage the use of this drug. Medical
use is a farce. They say it is good for those with glaucoma, I have glaucoma and the drops I take are just fine. I'm sure there are
legal methods for other diseases that our "druggies" claim a need for marijuana.
Growing marijuana in this country only takes away from the crops that we need such as vegetables and fruits.
It is well known that marijuana is a start up drug that often leads in the use of other narcotics. Much of the cocaine and heroine
comes from Afghanistan ---- this is seed money for AI-Qaeda and the Taliban forces ---used to kill our troops.
Everyone that uses these drugs are accomplices in MURDER.
Keep your stance.
Felix Dupuy,
Whitefish, MT
2/11/2010