Pubdate: Mon, 12 Apr 2010 Source: Great Falls Tribune (MT) Copyright: 2010 Great Falls Tribune Contact: http://www.greatfallstribune.com/customerservice/contactus.html Website: http://www.greatfallstribune.com/ Details: http://www.mapinc.org/media/2502 Author: Richard Ecke Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) Bookmark: http://mapinc.org/topic/Dispensaries CAREGIVERS: MEDICAL MARIJUANA PROPOSAL 'DO-ABLE' A time-limited moratorium restricting medical marijuana businesses in Great Falls is winding down, and a public hearing before the city's combined Planning and Zoning Commission is expected to draw a crowd at 3 p.m. Tuesday in the Civic Center. Two medical marijuana caregivers in the Great Falls area say they think a proposal by the city's planning staff for a city ordinance could work, with some minor changes. "I think it's do-able," caregiver Julie Knight said. "I think we could live with it." "For the most part, I think this is a fine piece of work," caregiver Pam Birchard said. Some area residents favor a total ban on medical marijuana businesses in the city, despite a 2004 public vote legalizing use of marijuana for sick people in pain, or delaying a decision through a moratorium. One Great Falls businessman, Ben Forsyth, said the state of Montana is doing a poor job of oversight, and many people are obtaining medical marijuana cards without justification. He said the city should extend the moratorium for up to a year "until the state cleans up its act and cleans up the laws and controls it better." "That would give us time for the Legislature to meet," Forsyth said. "The law is so poorly written it's not protecting the people." The proposed Great Falls ordinance would allow medical marijuana shops in industrial areas or commercial areas where businesses typically are allowed, such as downtown or along commercial strips. Two other options offered by the Planning and Community Development Department are banning marijuana businesses from the city entirely - -- as Helena has done, based upon federal law -- or extending the moratorium through February to allow more time for research. "Definitely I have a problem with extending it for a year," Knight said. Birchard, who lives outside the city limits, said she does not believe an outright ban would be "in keeping with the will of the people." She said she and her husband provide fewer than 10 patients with medical marijuana and do not grow plants at their home. Many caregivers are in this category, she said. "We are not the back-door drug dealers that they are concerned about," Birchard said. She also took issue with the city's broad definition of usable marijuana under the ordinance, saying stems and seeds are not usable. "I disagree with that, especially the stems," she said. She also suggested that the city increase the number of plants a caregiver may keep from seven to 12. Birchard said she may be affected very little by the city ordinance because she lives outside Great Falls. But she said acceptance of a zoning ordinance by the city would help indicate that caregivers are legitimate business people. Birchard said she has one patient who is a business owner who was able to continue working because of medical marijuana, while two others are disabled war veterans, one of whom is terribly ill. "This is very valuable medicine that has been overlooked for years," Birchard said. Knight said her clients are modest and very discreet, and that she would want an office location out of the limelight. She argued that marijuana is "far less damaging" than many prescription drugs. She added that she would challenge anyone to show her a verified case of someone overdosing on marijuana. "If they can show me an instance, I'd love to see it," Knight said. Forsyth said he would prefer the city proceed with caution, contending the Great Falls addiction treatment community is seeing growing numbers of people seeking help for marijuana addiction. However, he did acknowledge that "There are people out there that really need this stuff," citing the case of a man with bone-marrow cancer whose pain is eased by marijuana. Some residents have suggested that the city's role is only to deal with zoning matters, and poor state oversight is a problem state government must address. But Forsyth said state law requires local governments to consider residents' health, safety, convenience and welfare in making zoning decisions. "It shouldn't be zoned for it until it's controlled," Forsyth said. Knight said some people are overreacting to the introduction of medical marijuana to Great Falls. "I think that they're working out of fear," Knight said. "I think they're scared." A final decision on medical marijuana businesses within the city limits may come at the regular June 1 City Commission meeting in the Civic Center. - --- MAP posted-by: Jay Bergstrom