Pubdate: Wed, 23 Jun 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: John Adams

MEDICAL MARIJUANA PATIENTS SUE GREAT FALLS

Three medical marijuana patients have sued the city of  Great Falls
over the city's recent ban on medical  marijuana caregivers.

According to a lawsuit filed Tuesday in Cascade County  District
Court, Great Falls medical marijuana patients  Algy Thain, David Sears
and Kraig Jackson say the city  commission's June 1 decision to ban
any land use for  the purposes of medical marijuana unlawfully
prohibits  them from growing their own medical marijuana and  causes
them "substantial hardship" by making it  difficult to obtain the drug.

"The main argument is that the local city government is  a vassal of
the state and has a duty to enforce state  laws, not federal," said
Carl Jensen, the Great Falls  attorney representing the three
plaintiffs in the case.  "The (city commission) has overreached its
authority,  inhibiting my client's access to their
medication."

The ban is set to go into effect July 1.

A group called Montanans for Responsible Legislation  said Tuesday's
lawsuit is the "first of many" to be  filed in the state.

"Our most ill, the very people this law intends to  protect, can no
longer wait for equitable treatment and  justice," Douglas Chyatte, of
Montanans for Responsible  Legislation.

Great Falls City Attorney James Santoro did not  immediately return a
call requesting comment on the  lawsuit.

The Montana Medical Marijuana Act, which voters  overwhelmingly passed
through a 2004 ballot initiative,  has become one of the hottest
issues facing lawmakers  as hundreds of new patients sign up each
month. The  state has seen a fivefold increase in new medical
marijuana cardholders in the past year.

As a result, municipalities throughout the state are  instituting bans
or moratoriums on medical marijuana  caregiver shops and state
lawmakers are considering  ways to reform the law in the next
legislative session.  One state senator has proposed an outright
repeal of  the law that allows chronically ill patients to use  marijuana.

Groups on both sides of the issue agree that the  current law is
overly broad and needs to be modified,  but Montanans for Responsible
Legislation said patients  should not be forced to forgo medical
marijuana in the  meantime.

"While it is not our intent to create an acrimonious or  adversarial
relationship with the elected officials of  Great Falls, we realize
many of our ill do not have the  luxury of waiting for the wheels of
the bureaucracy to  churn slowly towards a solution," Chyatte said. 
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