4. Emergency Ordinance 1673 - Medical Marijuana Caregiver FacilitiesTel 406.758.7708
Fax 406.758.777 1
charball@kalispell.com
I . . ....... 3 -kl-1 10-fft 01111
Mayor Tay mi Fisher
and Kalispell City Council
Charles Harball, City Attorney
Jane Howington, City Manager
SUBJECT. Ordinance No. 1673 — Instituting an Immediate Temporary
Prohibition .Against Use of Property with the City of Kalispell
for Medical Marijuana Caregiver Facilities
MEETINGDATE: February 16, 2010 — Regular Council Meeting
BACKGROUND.* As stated in the Memorandum to Council dated. February
8, 2010, on November 4, 2004 the voters of the State of Montana passed Initiative
Treasure No. 148 which decriminalized the use of marijuana for treatment of
medical conditions and in October, 2009 the Medical Marijuana Act, MCA 50- 6 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 tape 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 tale 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.
EC0 ATION: 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.
FIC I ACTS: 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
1�,J�q
6ne Howington., City Mger
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 grog, manufacture, produce or distribute
marijuana within the city limits; and
WHEREAS, AS, 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 FEB RUARY, 2010.
ATTEST:
Theresa White
City Clerk
Tamini Fisher
Mayor
Tel 406.758.7708
Fax 406.758.7771
charbalI @kalispel1.com
I�IID1�97�: ►11 ilia
TOO Kalispell City Council
Jane Howington, City Manager
FROM4*P Charles Harball, City attorney
DATE: February S, 2010
SUBJECT: Medical Marijuana Provider Clinics
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 later 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
supervisionl. See the Department of Justice USDEA website at
htt-o://www.j*usti*ce.aov/dea/concern/marijuana.html. In the face of this the Obama
Administration announced a policy that it would not take enforcement measures
against medical mariJ uana 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 rr 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
Parr and within one half block of an elementary school that had been used as
"Ka.y'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 lays 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 ghat 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 ghat 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 lave, the Kalispell Police Department is obligated to
follow the state laver and will leave the enforcement of federal law to the federal lave
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,
-r,e4 00%<
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: Fn. 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;
(11) 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 371, 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. 145, 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
Office of City Attorney
City of Kalispell
Medical Marijuana Purveyors
February 8, 2010
Page - 7
(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
revolved, 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 -- limits 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) ,("'i 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.
Office of City Attorney
City of Kalispell
Medical Marijuana Purveyors
February 8, 2010
Page - 8
(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 terra 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;
(ill) 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. 1.48, 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
Office of City Attorney
City of Kalispell
Medical Marijuana Purveyors
February 8, 2010
Page - 9
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.N.I. No. 148, approved Nov. 2, 2004.
50-46-210. Rulernaking -- fees. The department shall. adopt rules necessary for the implementation and
administration of this chapter. The rules must address the planner 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: Fn. Sec. 9, I.M. No. 148, approved Nov. 2, 2004.
Administrative Rules of Montana
37.107.10I_ DEFINITIONS
In addition to the terms defined in 50-46-1021, MCA, the following definitions apply to this chapter:
0) "Adult applicant" means a qualifying patient of 1. 8 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.
Office of City Attorney
City of Kalispell
Medical Marijuana Purveyors
February 8, 2010
Page - 10
History: 50-46-210, MCA; I�IP, 50_46-103, 50-46-210, MCA; NEw, 2009 NEAR p. 322, Eff.
31 3/09.
37.107,1 3 REG-ISTRA,.TION 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, Licensu.re Bureau, 2401 Colonial Drive, Helena, MT 59620-2953. Application
forms are also available on the department's web site at www.dphhs.m.t.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 there as their caregiver.
Office of City Attorney
City of Kalispell
Medical Marijuana Purveyors
February 8, 2010
Page - 11
(9) The department will either approve or deny an application within 1.5 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 reneged.
(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; I111IP, 50-40-103150-40-2 ..0, MCA; NSW, 2009 MAR p. 3229
Eff. 3/1.3/09.
37.107...04 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: 50-46-2 10, MCA; IMP, 50-46-1031,50-46--21. 0, 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; �[P, 50-46-103, 50-46-210, MCA; NEW, 2009 MAR p. 322, Eff.
3l 13109 .
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.
Office of city Attorney
City of Kalispell
Medical Marijuana Purveyors
February 8, 2010
Page - 12
(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.; AMP, 50-46-103, 50-46-210, MCA; NEi, 2009 MAR p. 322, Eff.
31 3109.
Office of City Attorney
City of Kalispell
To: Mayor Fisher and the Members of the Kalispell City Council
Subject: The Golden Leaf
Dear Mayor Fisher and Council Members:
It has cone to our attention that the former ay' s Bridal Shop at the corner of Conrad
Drive and College .venue 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 buns loading area across the street.
4. The Score Board Bar, already notorious.
5. The derelict mobile hone park on College Avenue.
6 The congestion of ear, 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 I SIGNATURE
2.
0
� F 9,�f-jrvjM:Ke
�l�2i 4wvlo
m
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 Kays Bridal Shop at the comer
of Conrad Drive and College Avenue isarmouncing that it is going to become a
medical marijuana dispensary, The Golden Leaf. RespecffWly, we would like to
voice a protest against its planned opening on the basis of its proximity to
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.
Considefing 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
0
commumty.
DATE SIGNATURE P TED NAME ADDRESS
1. 2%Z�io C�
FRUC9S E. 0/
J56 %SYZ- V AN i kALISPed
2. .4/z /10 --T oUgob, 9 ZP :5VZVA A/
rage 1 of 1
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 l 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! .11
Sincerely,
Donna and Tom Marx
401 Sylvan Drive
Kalispell, MT 59901
75 5-0096
E-mailmessage checked by Spyware Doctor (7.0.0.514)
Database version: 6.14300
http. r to s co . py ar -doctor-antivirus/
2/11/2010
February 4, 2010
The Honorable Mayor Tamrni 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 71h St. East
Kalispell, MT 59901
755-4542
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
medical marijuana
store.doc (2...
My husband and I have been active members of this community for 48 years. our mom's and dads,
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
7ft1kLe— s •
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 tall -ends sticking out into the street and
one day, there will be an accident, no question!
Thanks,
Mike and Bonnie Spooner
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 repectl=ully 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.
6. 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
766-1240
markiames@bresnan.net
rage 1 OIL 1
Theresa White
From: Felix Dupuy dupuy@centurytel.netj
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 -----
Prone: Felix_.du.puy
To: nlorang_-@cityofwhitefish.go�r
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