Pubdate: Wed, 21 Apr 2010
Source: Daily Inter Lake, The (MT)
Copyright: 2010 The Daily Inter Lake
Contact:  http://www.dailyinterlake.com/
Details: http://www.mapinc.org/media/2501
Author: Nancy Kimball
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://mapinc.org/topic/Dispensaries

COUNCIL VOTES FOR BAN ON POT 'PHARMACIES'

A Kalispell City Council vote to ban any new medical  marijuana 
businesses in the city prompted grumblings of  "the government's 
about the government," and "we'll  take our money elsewhere" as a 
crowd of some 50  supporters abruptly left Monday night's council  meeting.

Medical marijuana proponents had shown up in force to  speak against 
the first reading of the new zoning  ordinance. Many told stories of 
health problems  alleviated by marijuana use when all other 
medications  failed.

If adopted on second reading, the law will prevent the  city from 
issuing permits for any land to be used in  violation of federal, 
state or local law. Federal  authorities still consider marijuana a 
Schedule 1 drug  that has no legal use.

Although legal in Montana for medical use, marijuana's  federal 
status means the zoning regulation bans any new  dispensaries or 
commercial grow operations in  Kalispell. Only businesses established 
before the Feb.  16 moratorium are grandfathered in, and 
those  businesses cannot move from their present locations.

The council's 7-1 vote, with Bob Hafferman the sole  dissenter and 
Randy Kenyon absent, followed on the  weekend discovery that 
Kalispell resident Wesley  Collins, 49, had been murdered in an 
incident that authorities linked initially to medical 
marijuana.  Several speakers referenced the tragedy, noting that 
it  had nothing to do with marijuana but instead was  motivated by 
other factors.

Just before the council vote, Mayor Tammi Fisher  attempted to bring 
perspective to the decision.

"When we take federal money we promise to follow  federal law. We 
have done that for years. I don't know  how we can have zoning and 
not comply" with federal  statutes, Fisher said.

She reminded those gathered that it was a zoning vote,  not a vote on 
marijuana, and said she takes seriously  the 63 percent voter 
approval in 2004's state  referendum on medical marijuana.

"But 63 percent of the voters did not decide how  medical marijuana 
would be distributed. That is our  concern," she said. Legislators 
"have gone a long way  to close the gap" in a vaguely worded law, but 
"the  state has not given us regulations for distribution."

City Attorney Charles Harball said he proposed the  wording in the 
zoning code as a way to resolve  conflicting federal and state laws 
and preserve federal  funding to the city.

"We can use it in the city but we can't authorize land  use for it," 
Harball said. "It's a little bit of  splitting the baby but it's the 
best way of protecting  the city."

He cited the state's adoption of the 55-mph speed limit  in order to 
safeguard federal highway money, and the  current fight to keep 
federal regulation out of  Montana-made and Montana-sold firearms as 
other  examples of an ongoing struggle between the state and  the feds.

The prospect of losing federal money over the marijuana  issue 
doesn't hold water, Barry Vance told the council  during the public 
comment period.

"If Montana were the only state, that would be  legitimate, but there 
are 14 states" that have approved  medical marijuana, Vance said.

"Federal money is appropriated by our representatives  in Washington, 
D.C., so it's unlikely they would  withhold funds for that reason aE& 
It's ludicrous," he  said. "The council shouldn't prevent legal 
commerce in  the city that the people of Montana have already  condoned."

Another speaker, George Williams, said he feared "these  sanctions 
will violate our rights as voters in  Montana." He said they 
contradict President Obama's  directive against enforcing federal 
marijuana laws in  states that have approved its medical use, and 
asserted  that Montana's legalization of medical marijuana  already 
has helped Kalispell's business community  profit.

"We don't want to have to be afraid to take our  medicine," he added. 
"We don't want to have to be  afraid to provide it."

Several speakers pointed to the economic boost from $25  annual fees 
paid by the 12,000-plus medical marijuana  card holders in Montana, 
the taxes, utilities and other  expenses paid by caregivers in the 
business of  providing the drug, and the tourists who would 
visit  and new residents who would relocate because 
medical  marijuana is readily available here.

Robert Cates, who said he was Wesley Collins' caregiver  before his 
death last week, discounted the fears of  increased criminal activity 
from allowing marijuana  businesses in the city.

"He was murdered over pain medication," Cates said.  Medical 
marijuana, on the other hand, "provides income  for families. You 
should not limit the ability for  patients to obtain their medicine."

Dane Clark, a Democrat candidate for House District 8,  cautioned 
that the city was making itself "very  business unfriendly" and 
called the ordinance "totally  ridiculous in every aspect."

"If you do this," Clark said, "rather than having local  rule we are 
just rubber-stamping what comes down from  the feds aE& It's federal 
blackmail."

During council discussion, Hafferman offered an  amendment rewording 
the ordinance, replacing the ban on  land use that violates federal, 
state or local law with  a requirement to "follow the federal 
Constitution and  the laws of the state of Montana." He pointed to 
the 10th Amendment to the U.S. Constitution, which reserves  to the 
states all powers not delegated to the federal  government.

"It is a law in the sovereign state of Montana,"  Hafferman said. "My 
concern is a costly lawsuit for  going against Montana law."

He also would have amended the ordinance by placing  dispensaries in 
zones that allow pharmacies, regulating  hours of operation, limiting 
who may be inside the  businesses, regulating home marijuana sales 
and restricting marijuana use to the home or an approved  facility.

Hafferman's amendments drew no support from the rest of  the council.

"We're not impeding anyone's rights or ability to get  their 
medicine," Kari Gabriel said, taking issue with  Hafferman's 
contention. "We don't want to prevent them  from getting their 
medications. We're following federal  law by addressing the zoning."

Wayne Saverud agreed, citing a University of Montana  law professor's 
opinion that medical marijuana laws  cannot override federal law. He 
said Kalispell's  approach that doesn't prevent marijuana use, only 
its  business component in the city, is a "reasonable compromise."

Duane Larson dismissed one speaker's allegation that  the city is 
"passing a death sentence" on patients.

"That's not valid," Larson said. "I don't know of very  many people 
in this day and age that can't drive out to  the city limits to get it."

Nor did Larson buy the argument that medical marijuana  businesses 
would foster an economic boom in the city.  "Any business helps the 
economy of the city," he said.

Later, when the council voted for the ban, audience  member Williams 
stood up to loudly object to what he  called an infringement on 
voters' rights. Fisher  unsuccessfully tried to silence him, then 
ordered him  out of the room. Williams said he would "gladly leave 
this place" as Police Chief Roger Nasset quietly  escorted him out of 
the council chambers, followed en  masse by the remainder of the supporters.

The zoning code ordinance now goes up for a second  reading before 
the council. If it passes, it takes  effect 30 days after that reading.
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MAP posted-by: Jay Bergstrom