Extending a medical marijuana moratorium in Great Falls appeared to be a slam dunk late last month.
However, after a City Commission agenda-setting meeting last week, it's not so certain the moratorium extension will receive the four of five votes required to pass.
Commissioners are set to vote at their 7 p.m. meeting today whether to extend the moratorium on marijuana businesses in the city through February 2011, or ban marijuana transactions and growing in Great Falls altogether. A ban would require only three votes.
A majority of commissioners want to wait for the Legislature to reform state medical marijuana laws before Great Falls considers passing an ordinance allowing the businesses to locate in the city.
Two commissioners, Mary Jolley and Fred Burow, voted this spring in favor of regulating medical marijuana businesses in the city through an ordinance, saying voters approved a ballot issue for medical marijuana by a wide margin in 2004.
Commissioner Bill Bronson has said he might vote for an ordinance next year but wants the Legislature to have an opportunity to meet first.
Before Wednesday's meeting, it appeared four commission members would vote to extend the moratorium. Burow said after the meeting that he may vote against both the moratorium extension and the ban. Jolley has said she plans to vote to extend the moratorium.
Wednesday's meeting produced several sharp exchanges as Burow suggested that city officials may have misled medical marijuana providers and patients at past meetings regarding what activities are allowed in the city under a moratorium.
As an example, Burow cited a reassurance offered by Mayor Michael Winters to a woman in a wheelchair at a May 4 meeting that he expected a caregiver could be found to provide medical marijuana to her.
"You just told her to get with these people and buy it from them," Burow said.
Other city officials have suggested that marijuana caregivers could continue providing marijuana to patients, just not through a storefront, Burow added.
On Wednesday, he said city officials need to clarify exactly what is allowed under the moratorium.
"I want to know what a moratorium does," Burow said. "You're just relegating it to the back alleys."
Burow's views did not sit well with Winters and Commissioner Bob Jones, who said an outright ban would clarify the issue for people.
"If we banned it altogether, everybody would know," Winters said.
City Attorney James Santoro said state law allows certified patients to use medical marijuana and for caregivers to receive reasonable compensation for providing that medicine.
"Under the law, you can have six plants or one ounce (of marijuana)," he said.
However, Santoro added, "under the moratorium they cannot sell the marijuana."
The city has held off approving any safety inspection certificates – or special business licenses – for marijuana businesses until the issue is resolved.
Former acting city attorney Chad Parker previously said caregivers could give marijuana to their patients for free in the city limits under a moratorium, but could not legally charge people for it.
Some caregivers replied they might need to continue meeting people in parking lots, in patients' homes or outside the city limits to deliver marijuana.
City Planning and Community Development Director Michael Haynes offered his view during and after the Wednesday meeting.
"I think a caregiver is a business," Haynes said. "If a caregiver wanted to assist a patient, those plants would have to be in a patient's home."
If plants were grown elsewhere, and a caregiver brought the marijuana to a patient, "that's when it's illegal," he said.
If the plants are grown in a patient's home, and that's where the caregiver and patient meet, "that's covered under state law," Haynes said. "Whether there's an exchange of money for that, that would be between those two folks."
Haynes said the city has received some complaints about medical marijuana being sold within the city from street-front shops, and the fire marshal has investigated.
"He never found any evidence of medical marijuana sales," Haynes said.
"We need to lay this out in black and white," Burow said of any action on medical marijuana businesses, adding that the drug can help some people endure severe pain.
"It beats a bullet or an overdose or a rope some days," Burow said.
Jones said after the meeting that some clarification on the moratorium would help.
"If we're sending the wrong message, then let's correct it," he said.
Santoro said he will try to clarify the moratorium rules at Tuesday night's meeting, where a final vote on the ban and moratorium is expected.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: Great Falls Tribune
Author: RICHARD ECKE
Copyright: 2010 Great Falls Tribune
However, after a City Commission agenda-setting meeting last week, it's not so certain the moratorium extension will receive the four of five votes required to pass.
Commissioners are set to vote at their 7 p.m. meeting today whether to extend the moratorium on marijuana businesses in the city through February 2011, or ban marijuana transactions and growing in Great Falls altogether. A ban would require only three votes.
A majority of commissioners want to wait for the Legislature to reform state medical marijuana laws before Great Falls considers passing an ordinance allowing the businesses to locate in the city.
Two commissioners, Mary Jolley and Fred Burow, voted this spring in favor of regulating medical marijuana businesses in the city through an ordinance, saying voters approved a ballot issue for medical marijuana by a wide margin in 2004.
Commissioner Bill Bronson has said he might vote for an ordinance next year but wants the Legislature to have an opportunity to meet first.
Before Wednesday's meeting, it appeared four commission members would vote to extend the moratorium. Burow said after the meeting that he may vote against both the moratorium extension and the ban. Jolley has said she plans to vote to extend the moratorium.
Wednesday's meeting produced several sharp exchanges as Burow suggested that city officials may have misled medical marijuana providers and patients at past meetings regarding what activities are allowed in the city under a moratorium.
As an example, Burow cited a reassurance offered by Mayor Michael Winters to a woman in a wheelchair at a May 4 meeting that he expected a caregiver could be found to provide medical marijuana to her.
"You just told her to get with these people and buy it from them," Burow said.
Other city officials have suggested that marijuana caregivers could continue providing marijuana to patients, just not through a storefront, Burow added.
On Wednesday, he said city officials need to clarify exactly what is allowed under the moratorium.
"I want to know what a moratorium does," Burow said. "You're just relegating it to the back alleys."
Burow's views did not sit well with Winters and Commissioner Bob Jones, who said an outright ban would clarify the issue for people.
"If we banned it altogether, everybody would know," Winters said.
City Attorney James Santoro said state law allows certified patients to use medical marijuana and for caregivers to receive reasonable compensation for providing that medicine.
"Under the law, you can have six plants or one ounce (of marijuana)," he said.
However, Santoro added, "under the moratorium they cannot sell the marijuana."
The city has held off approving any safety inspection certificates – or special business licenses – for marijuana businesses until the issue is resolved.
Former acting city attorney Chad Parker previously said caregivers could give marijuana to their patients for free in the city limits under a moratorium, but could not legally charge people for it.
Some caregivers replied they might need to continue meeting people in parking lots, in patients' homes or outside the city limits to deliver marijuana.
City Planning and Community Development Director Michael Haynes offered his view during and after the Wednesday meeting.
"I think a caregiver is a business," Haynes said. "If a caregiver wanted to assist a patient, those plants would have to be in a patient's home."
If plants were grown elsewhere, and a caregiver brought the marijuana to a patient, "that's when it's illegal," he said.
If the plants are grown in a patient's home, and that's where the caregiver and patient meet, "that's covered under state law," Haynes said. "Whether there's an exchange of money for that, that would be between those two folks."
Haynes said the city has received some complaints about medical marijuana being sold within the city from street-front shops, and the fire marshal has investigated.
"He never found any evidence of medical marijuana sales," Haynes said.
"We need to lay this out in black and white," Burow said of any action on medical marijuana businesses, adding that the drug can help some people endure severe pain.
"It beats a bullet or an overdose or a rope some days," Burow said.
Jones said after the meeting that some clarification on the moratorium would help.
"If we're sending the wrong message, then let's correct it," he said.
Santoro said he will try to clarify the moratorium rules at Tuesday night's meeting, where a final vote on the ban and moratorium is expected.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: Great Falls Tribune
Author: RICHARD ECKE
Copyright: 2010 Great Falls Tribune
