Pubdate: Sun, 30 May 2010
Source: Missoulian (MT)
Copyright: 2010 Missoulian
Contact:  http://www.missoulian.com/
Details: http://www.mapinc.org/media/720
Note: Only prints letters from within its print circulation area
Author: Jennifer McKee

SPREAD OF POT INDUSTRY, VIOLENCE ERODING SOME SUPPORT

HELENA - Anaconda-Deer Lodge County Commissioner Robert Pierce was 
among the 62 percent of Montanans who voted to legalize marijuana for 
medical purposes six years ago.

"It was compassion," Pierce said.

But then something showed up in his town that prompted Pierce to take 
another vote on the issue, this time directing his city and county to 
withdraw from most parts of the law: a giant marijuana leaf painted 
on the front of a would-be medical marijuana establishment set up 
right across the street from the Anaconda Dairy Queen.

"And that's wrong, in my opinion," Pierce said.

Pierce and his commission, which voted in late May on a six-month 
moratorium for all growing and selling of marijuana in the county, is 
hardly alone. As the medical marijuana industry has exploded in 
Montana, county governments, lawmakers, tribal councils and others 
have grappled to get their hands around the issue.

In Kalispell and Billings, the concern has been inflamed by violence 
and vandalism connected to medical marijuana. But in other parts of 
state, the concerns are more mundane, focusing on zoning, business 
licensure and electrical standards for grow houses.

The burgeoning industry has surprised even medical marijauna's 
strongest supporters, including Tom Daubert of Helena, the man behind 
the successful 2004 initiative that legalized medicinal pot. Daubert 
fully supports state efforts to more tightly regulate the industry. 
He said what's happened to marijuana in recent months is nothing like 
what he envisioned.

Daubert is part of a co-op of growers in Helena. Their offices are 
discreet and unmarked, nothing like the gaily-painted storefronts 
across the state that so irritate both law enforcement and the 
general public. Those kinds of displays, Daubert said, are "nails in 
the coffin of this law."

Indeed, at least one lawmaker, Sen. Jim Shockley, R-Victor, has 
proposed nailing up the whole thing: repealing the law and starting over.

"I don't think (voters) knew the pig they were buying in the poke," 
he said in a recent interview.

*

Voters may also get another crack at the issue. A quickly formed 
group has organized to put repealing the law back on the ballot this 
fall, although organizers have only weeks to collect 25,000 
signatures from voters.

The numbers tell part of the story. If a Montanan has a doctor's 
prescription for a traditional drug, he or she has just over 1,000 
licensed pharmacists to choose from. But if you've got a doctor's 
card for medical marijuana, there are more than 2,700 licensed 
"caregivers" - and the regulations and educational requirements for 
caregivers is nothing compared with the degree and professional 
licensure requirements of a traditional pharmacist.

Shockley said it's just that kind of wide open nature to medical 
marijuana that needs changing. From growing to distributing, the 
state has very few regulations on the industry, and laying the 
groundwork for a functional medical marijuana program will require 
more than "just tweaking," he said.

The Legislature will not meet for another six months, meaning any 
statewide change is not in the near future. Into that void has 
stepped a long list of Montana cities and towns.

*

Take a look:

After a medical marijuana storefront was firebombed, the Billings 
City Council voted 8-2 in favor of a six-month moratorium on granting 
business licenses to any new medical marijuana caregivers.

Kalispell also instituted such a ban after a medical marijuana grower 
there was beaten to death.

The tribal council of the Confederated Salish and Kootenai Tribes 
voted last month to opt out of the state medical marijuana law 
entirely, meaning tribal members and members of other recognized 
tribes within the Flathead Reservation are forbidden from growing, 
selling or using medical marijuana.

The city of Deer Lodge has banned new medical marijuana businesses, 
and Anaconda-Deer Lodge adopted a similar ban.

The buzz is so hot among local governments reacting to medical 
marijuana, the state legislative branch has written a memo for local 
governments on how to regulate and zone the industry.

Mark Sweeney, another Anaconda-Deer Lodge commissioner, was the only 
person who voted against that county's ban. He said the county has 
real concerns about where growing operations take place, what sorts 
of electrical standards should be in place, where storefronts can be 
located and had particular concerns about grow operations in 
residential parts of town.

"It's a citizens' initiative without a lot of direction," he said.

Sweeney said the issue has been a real education for the commission, 
which mostly deals with paving roads and standard municipal 
regulations. Pot was not on their radar.

"It's a can of worms," Sweeney said.
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MAP posted-by: Keith Brilhart