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HomeMy WebLinkAboutCity Council Minutes 02.15.2011 MINUTES OF THE CITY COUNCIL OF LAUREL February 15, 2011 A regular meeting of the City Council of the City of Laurel, Montana, was held in the Council Chambers and called to order by Mayor Ken Olson at 6:30 p.m. on February 15, 2011. COUNCIL MEMBERS PRESENT: Doug Poehls Kate Hart Mark Mace Chuck Rodgers Chuck Dickerson Tom Nelson Norm Stamper COUNCIL MEMBERS ABSENT: Emelie Eaton OTHER STAFF PRESENT: Brooke Baracker- Taylor Kurt Markegard Rick Musson Mayor Olson led the Pledge of Allegiance to the American flag. Mayor Olson asked the council to observe a moment of silence. MINUTES: Motion by Council Member Nelson to approve the minutes of the regular meeting of February 1, 2011, as presented, seconded by Council Member Rodgers. There was no public comment or council discussion. A vote was taken on the motion. All council members present voted aye. Motion carried 7 -0. CORRESPONDENCE: Girl Scout Troop 2226: Letter regarding puddles at crosswalks of schools, due to ice pack. This item will be on the next Council Workshop agenda. PUBLIC HEARING: • Ordinance No. 011 -01: Ordinance No. 011 -01: An ordinance of the City Council of the City of Laurel, Montana, amending certain portions of the City's zoning code located at Title 17 in the Laurel Municipal Code relating to medical marijuana businesses within the zoning jurisdiction of the Laurel /Yellowstone City /County Planning Board. (First reading 02/01/2011) The Mayor read Ordinance No. 011-01. Mayor Olson opened the public hearing and read the rules governing the public hearing. Mayor Olson asked four times for any proponents. There were none. Mayor Olson asked for opponents. Jean Kerr, 1128 9 Avenue, City Judge, is opposed to the city opening up storefronts to medical marijuana and amending our ordinance accordingly. There is a lot of growing going on in this town and anyone who has a card can grow their own. Marijuana can be purchased in the medical corridor in Billings, as well as be delivered from the provider. There is a negative impact in Laurel from the other crime that goes along with addiction. There is aggression, partner member assault, DUI, and destruction of property. There are also more people in need of chemical dependency treatment. Marijuana and alcohol go hand -in -hand and she sees more of that going through the court system. Accountability court is being set up and will start running to help people with addiction concerns. Marijuana has a higher level of THC than it did years ago. She is meeting young people with cards, who are also in treatment for alcohol. Scientific studies show youth, along with the adult population, are coming up with psychosis and bi -polar disease from this addiction. When people become clean and sober, often the diagnosis goes away, which shows it was drug induced. It is found to affect Council Minutes of February 14, 2011 learning and a person's ability for recall. Employers are testing for marijuana and another issue is, what happens if someone gets hurt on the job. She feels it could undermine the police department and we may need a drug enforcement agent on staff. If so, we need to back them and not encourage the drug sales in town. She feels we could defend ourselves in a lawsuit. Duane Guenthner, 412 Birch Avenue, is against passing any ordinance to allow medical marijuana in our town. There is a saying, "not in our town" and he feels this way. There is a use for marijuana in certain instances. People are going to open up these businesses as wholesale operations and there is money to be made. The city probably wants to cash in on some of this, but not in our town. A young driver gets stopped and they detect marijuana in the car, and he says he has a card, but the kid sitting in the car doesn't have a card and he is under the influence. People that are not in need of the help you can get from marijuana are being supplied by the people who are growing it. This is shown by the number of increased cards from two to thirty thousand. When this bill was introduced, it was too wide open, a blank check, with no strings attached. Some towns may find it appealing, but not in our town. Lee Richardson, 115 E. 13 Street, has been here before on this issue. He e- mailed Mark Long, Narcotics Chief with the Montana Dept. of Justice, with some questions. He reviewed the questions and response for the council and then submitted a written copy to the council. He questioned how many card holders have it for legitimate chronic pain and Mark's response was that 90% fall in the chronic pain category, but no one is able to determine if it is legitimate or not, other than the doctor who made the recommendation. He also asked if it is true that the Board of Medical Examiners is unable to get the names of the physicians that recommend the card and how many cards they have authorized. Mark responded that this is true, even law enforcement cannot get this information. There is also specific language in the law that forbids any sanction (criminal, civil, or disciplinary) against any physician for issuing cards. Another question was whether six plants can supply more than 1 -ounce per day and Mark replied that this is one of the many problems in the law. A patient is allowed 1 -ounce but there is no language that specifies how often that patient can get one ounce. A patient can legally obtain an ounce every hour, if needed. Also, growers are not required to report the grow locations to anyone and they are not even required to list a physical location on their application. Most use post office boxes. It's one of the big hurdles for cities to deal with enforcement of codes, when you don't know where they are. There is talk of repealing the law but if that doesn't go through, he hopes there is some serious measure to try and control it. At this time, Jason Smith, a proponent, wanted to speak. The Mayor said he asked for proponents earlier and he did not come forward. We are now taking testimony from opponents, but he will allow him to speak after the opponents are done. Cindy Sellers, 1106 12 Avenue, is strongly opposed to having medical marijuana come into our town. You can open a newspaper and see what problems it causes for others. Our city council needs to take a leading role and not follow what other counties, cities or states are doing. They need to come forward and say, we are not going to allow this. She is the mother of a 17 year old son who brings stories home from school, that are frightening, about the access these kids have to this drug. We don't need to hand it to them on a silver platter. We need to buckle down and say this is not going to happen here. We don't need or want it here. Gretchen Paulson, 1103 Davis Circle, is opposed to this. She was not living in the state when it was passed. Her assumption is that people voted for it for the two thousand people who really need it, _ not for the 28 thousand that have it. She has two very young children and she does not want them to be near it. She doesn't want it to be something they ride their bikes by every day or walk by on the way to the ice cream store. It might be good for the city and bring revenue to the city, but it is not good. Donna Wagner, 1043 Montana Avenue, voted for it and thought she was voting for something for people who have a real need with chronic pain, nausea and mental problems. We found out there are no guidelines in anything the legislature passed and it has gotten to be an absolute mess. The legislature needs to repeal this and start over at square one. Our kids have enough pressures in their lives without having a marijuana shop on the corner. Vera Ulschak, 1428 Emerick Lane, is opposed to this. When it was voted on, there were suppose to be guidelines and strict regulations. The guidelines we have seen are very few and the legislature is reviewing it. We should not make any decision about allowing this in our town until the legislature decides on it. Billings is 15 miles away and if a person needs it medically, they can get it there. 2 Council Minutes of February 14, 2011 Mary Ann Guenthner, 412 Birch, is against it and wants to see it repealed. Barb Farnes, 510 Date, opposes it. She has grandchildren and doesn't want to have to worry about them and who does or doesn't have marijuana. Please, do not let this go through. Mayor Olson asked if there were any other opponents. There were none. At this time, Mayor Olson opened it up for proponents. Jason Smith, 623 Beverly Hill Boulevard in Billings, is representing Montana Advanced Caregivers at 137 Moore Lane in Billings. He feels outnumbered and acknowledges that when you voted for this, you had the right intentions. Just because there has been abuse, people feel the way they do and it is pretty much valid. This law was designed and built out of compassion and is no different than the one being debated on assisted suicide. The way to get a handle on it is to regulate it. A lot of people are worried about their children, but the best way is to start by educating yourself. If you can educate yourself and regulate it, then it is possible to educate your children. There is a lot of abuse and he has heard a lot about it being a stepping stone drug. If you have that tendency or weakness in your life, even if it is not allowed or repealed, it does not mean your tendency is going away. There has always been marijuana in our society and we need it regulated. He has a shop with an open door policy and invites anyone to come in and get educated. He works really hard with the agricultural industry, Montana State University, the University of West Virginia and the legislature. The law probably will not get repealed, because the door has been opened. He has only been in Montana for 1' /2 years and he is sure the people heard the same thing about casinos and schools. The law was not designed to generate revenue, it is out of compassion. There are a few people in Laurel who have a real need for it, but there is no public transportation. Maybe it could be worded as a compassion club, as Canada does. If you're talking economy, it could generate a lot of dollars. He has put $250,000 in the community of Billings. There is money in it from the doctor's standpoint and the medical board should be regulating and controlling it. The police are responsible for investigating it. He asked the public to have an open mind. David Scheveck, 8307 Danford Road, is here to speak for his son. He has heard some parents speak about not wanting their children driving by a dispensary; they don't want their children exposed to marijuana. Is that any worse than children driving by a casino? What signal are we sending to our kids, we sell tobacco and alcohol that kills more than what marijuana has ever killed. He heard on the news that over 300 people have been killed by prescription drugs in Montana. This is more than heroin, cocaine, and meth combined. It needs to be zoned, the law says people can sell it, but it needs to be regulated. Paul Pacheco, 229 Nash Lane in Billings, said there have been a lot of valid points brought up tonight. The concerns are valid because when this was passed, there were no rules or organization. He wants to state a couple of concerns, then someone will come up to state facts, not only from Montana, but other states. There is always a concern with kids getting marijuana, drugs, and alcohol and if it is made available to them in some way, shape or form, they are going to get it. They have been doing it way before this was an issue and it will continue to be an issue with the kids. The intent was that this can relieve pain without all the other side effects that come from pharmaceutical drugs. There should be something in ordinance about how it is distributed. He asked everyone to really listen to the facts and statistics, before passing judgment. If you hate it, you just hate it. Don't vote against it just because you hate it. Lane Scheveck, 8307 Danford Lane, came to voice his opinion on whether we should allow it or not. He has spent a lot of time looking at what other cities and towns have done. He distributed a handout that he went over. It is broken into three sections. One myth is about crime rates and that there is a correlation between dispensaries, robberies and theft. There have been studies in metropolitan areas and there is no direct correlation. He cited articles in his handout that support this from Colorado Springs, Denver, Los Angeles and San Francisco. The next section is about towns that have allowed dispensaries and what they do to regulate the industry. They mostly adopt the Fort Collins system. Bozeman went to bat at the Montana legislature about how proud they are of their system and it works. In Bozeman and Ennis, everyone involved got together and developed a system that is almost identical to what Laurel is proposing. Laurel has more restrictions and that is a great step in controling the industry. You can't advertise marijuana; no one wants a pot shop on main street. They looked at state law and then looked at what can be done legally to control this industry. Many Montana cities are doing what Laurel is doing. Cities that have banned it are getting sued. You won't just get sued by dispensaries, but by the caregivers and patients also. There are patients in Laurel who cannot get out to purchase their medication. In the Marijuana Act of 2004, it 3 Council Minutes of February 14, 2011 says a patient has the right to grow it and use it. If you ban it, you are taking away their rights. He said Great Falls and Helena are getting sued along with several out of state cities. In closing, the — purpose of medical marijuana is great but they did not take any regulatory measures. There are three or four bills in the legislature to regulate it and one bill to repeal it. He is a caregiver and sees the benefits. There will be horror stories of kids getting it, but that also stems from parenting. Don't hold that against an industry that does more good than harm. Zach Unruh, 1208 Eldorado in Billings, is for medical marijuana. The biggest issue he is hearing is it falling into kids' hands. The only way they can obtain it from a dispensary, is if they have a doctor's note and a parent with them. When he moved off the farm in Glendive and came into the 8 grade classroom in Laurel, 90% of the students could tell you where to get it. This just gives those who need it an opportunity to obtain it legally. Mayor Olson asked if there were any other proponents. There were none. 1 Mayor Olson asked if there were any other opponents. There were none. The public hearing was closed. Mayor Olson announced to the council that they may consider waiving the rule (LMC 2.10.080) to wait until the next regular meeting to vote on the second reading of Ordinance No. 011-01. Mayor Olson said this motion must pass by a unanimous vote, in order to pass and be put on tonight's agenda. Motion by Council Member Poehls to waive the council rule and to place Ordinance No. 011-01 on tonight's agenda as Item 10, (f) under Scheduled Matters, seconded by Council Member Stamper. Council Member Poehls explained why he made the motion. The State has put the city in a precarious position. The city of Laurel has a moratorium that runs out and we cannot reestablish the moratorium, because we have run out of options. Even if the state makes a decision, if will not go into effect until October. If we don't do something now, there is a window of opportunity where we will have no control over the situation. That is why he wants it on the agenda tonight. The question is called for. All council members present voted aye. Motion carried 7-0. • Ordinance No. 011-02: An ordinance amending Title 5 of the Laurel Municipal Code titled "Business licenses and regulations" to allow licensing of medical marijuana businesses. (First reading 02/01/2011) Mayor Olson opened the second public hearing for Ordinance 011-02 and read the rules governing the public hearing. This ordinance deals with business licensing and he asked the public to give evidence only on this topic. The Mayor read Ordinance No. 011-02. Mayor Olson asked for any proponents. Jason Smith, 623 Beverly Hill Boulevard in Billings, said he is not going to change any minds but he wants everyone to know he has an open door policy. He applied for and was given a business _ license, he is legal and that is why he is here today. Lane Scheveck, 8307 Danford Lane, said he is a citizen of Laurel and pays his taxes. He had a map from City Attorney, Sam Painter, showing where they can be located and he only foresees one, maybe two dispensary shops in Laurel. The council did a really good job on this and one or two are plenty. He doesn't want them on every corner, that's not what the law was made for. It was made out of compassion and it is a legitimate business. A lot of communities bring in lots of revenue from dispensaries. They pay taxes, utilities, employees, and benefits and a business like this, is a benefit to Laurel. He does not understand why we would not allow it. Mayor Olson asked for any more proponents. There were none. Mayor Olson asked for any opponents. 'C 4 ', Council Minutes of February 14, 2011 Duane Guenthner, 412 Birch, said this is a city of Laurel matter and why are all these people from Billings trying to influence our town. It should be limited to the people who live here and pay taxes �' here. He is still saying, not in our town. Cindy Sellers, 1106 12 Avenue, asked if there is a standard fee for obtaining a business license for a medical marijuana shop, not a pot shop. It was stated there is a standard fee for licenses. Jean Kerr, 1128 9 Avenue, has not had a chance to look at the business license ordinance or the map but she did hear information that it would be one thousand feet from playgrounds, etc. A thousand feet is only about two city blocks and when she issues a restraining order, it is for 1500 feet. She would hope that the council revisits the distances in the ordinance. Mayor Olson asked for any more opponents. There were none. Mayor Olson asked for any more proponents. There were none. The public hearing was closed. Mayor Olson announced to the council that they may consider waiving the rule (LMC 2.10.080) to wait until the next regular meeting to vote on the second reading of Ordinance No. 011 -02. Mayor Olson said this motion must pass by a unanimous vote in order to pass and be put on tonight's agenda. Motion by Council Member Poehls to waive the council rule and to place Ordinance No. 011 -02 on tonight's agenda under Item 10, (g) under Scheduled Matters, seconded by Council Member Hart. Council Member Poehls said he made this motion to cover the city for the lapse of our moratorium. The question was called for. All council members present voted aye. Motion carried 7 -0. CONSENT ITEMS: • Clerk/Treasurer Financial Statement for the month of January 2011. • Approval of Payroll Register for PPE 02/06/11 totaling $162,853.19. • Receiving the Committee Reports into the Record. -- Budget/Finance Committee minutes of February 1, 2011 were presented. - -Park Board minutes of February 3, 2011 were presented. - - Council Workshop minutes of February 8, 2011 were presented. - - Cemetery Commission minutes of January 20, 2011 were presented. - - Cemetery Commission minutes of February 7, 2011 were presented. -- Laurel Airport Authority minutes of November 23, 2010 were presented. -- Special Laurel Airport Authority minutes of January 11, 2011. The mayor asked if there was any separation of consent items. There was none. Motion by Council Member Hart to approve the consent items as presented, seconded by Council Member Poehls. There was no public comment or council discussion. A vote was taken on the motion. All council members present voted aye. Motion carried 7 -0. CEREMONIAL CALENDAR: None. REPORTS OF BOARDS AND COMMISSIONS: None. AUDIENCE PARTICIPATION (THREE- MINUTE LIMIT): None. SCHEDULED MATTERS: 5 Council Minutes of February 14, 2011 • Confirmation of Appointments: None • Resolution No. R11 -13: A Resolution approving Amendment No. 3 to the previously adopted Task Order No. 16 of the Agreement for Professional Services dated June 5, 2007 between the City of Laurel and Great West Engineering, Inc., for completion of the preliminary design phase of the Wastewater System Improvement Project. Motion by Council Member Poehls to approve Resolution No. R11 -13, seconded by Council Member Nelson. There was no public comment or council discussion. A vote was taken on the motion. All council members present voted aye. Motion carried 7 -0. • Resolution No. R11 -14: A Resolution of the City Council authorizing the Mayor to sign an agreement with High Plains Architects to assist the City with an Alternative Project Delivery Contract for the construction of the ambulance addition to the City's Fire, Ambulance and Police (FAP) Building. Motion by Council Member Rodgers to approve Resolution No. R11 -14, seconded by Council Member Hart. There was no public comment or council discussion. A vote was taken on the motion. All council members present voted aye. Motion carried 7 -0. • Resolution No. R11 -15: Resolution relating to the use of an Alternative Project Delivery Contract for the construction of the ambulance addition to the City's Fire, Ambulance and Police (FAP) Building. Motion by Council Member Dickerson to approve Resolution No. R11-15, seconded by Council _ Member Mace. There was no public comment or council discussion. A vote was taken on the motion. All council members present voted aye. Motion carried 7 -0. • Resolution No. R11 -16: A Resolution approving an agreement between the City of Laurel and American Medical Response ( "AMR "), relating to the Provision of Paramedic Rendezvous and Transport Services. Motion by Council Member Stamper to approve Resolution No. RI1 -16, seconded by Council Member Dickerson. Donna Wagner, 1043 Montana, asked the council to explain the resolution. Mayor Olson said this is a renewal of a contract that we have with AMR for transport of patients, from basic life support to advanced life support services. The question was called for. All council members present voted aye. Motion carried 7 -0. • Ordinance No. 011 -01: An ordinance of the City Council of the City of Laurel, Montana, amending certain portions of the City's zoning code located at Title 17 in the Laurel Municipal Code relating to medical marijuana businesses within the zoning jurisdiction of the Laurel/Yellowstone City /County Planning Board. Second reading. Motion by Council Member Poehls to adopt Ordinance No. 011 -01, seconded by Council Member Mace. Motion by Council Member Poehls to amend Ordinance No. 011 -01 by striking out Central Business District, Community Commercial and Highway Commercial for medical marijuana dispensary or dispensary in Table 17.20.010, and inserting an "A" under Light Industrial, seconded by Council Member Mace. Council Member Poehls explained that the ordinance could allow for a dispensary in our central business district along Main Street. The state left us in a quandary and we really should leave it to them to decide, but there is such a lag time, it could get us in trouble. A gentleman said crime does not increase and it may not be against dispensaries, but the crime rate may increase due to people committing crimes to get the money to buy marijuana. The second issue, whether growing or dispensing it, is that many of our businesses in the central business district have apartments above them. Regardless if you have one grow light or ten, you have some electrical hazard. You also have the issue that if someone is smoking in the old 6 Council Minutes of February 14, 2011 buildings, the smoke could rise up through the building into the apartments above. We saw what happened with the Laurel Movie House and how catastrophic it was, image if something else caught -- fire in the city of Laurel. By going to Light Industrial, you mitigate these hazards. Council Member Hart said a lot of people voted for medical marijuana, stressing the medical. Those who did feel betrayed by the legislature and we are hoping they will remedy their mistake. They left the city in a difficult position with very few tools. The only real tools we have to protect ourselves are through the zoning and licensing. Council Member Poehls' amendment is a very good way to narrow it down. If we have to have it, let's decide where. We do not want to open ourselves up to a lawsuit. Council Member Mace said he understands why things were said on both sides of the issue. A lot of people voted for something that is vague. When that happens, there are problems with it. This is nothing the council has not already heard, but he is glad the public came and spoke their piece. When you jump to conclusion that we are going to make a lot of money, that is not the case. He just wants to stress that the law is so vague that the council does not have much to work with. In retrospect, what the council is doing tonight makes sense. They can hold it down and keep the lid on as tight as possible. The question was called for on the motion to amend Ordinance No. 011-01 by striking out Central Business District, Community Commercial and Highway Commercial for medical marijuana dispensary or dispensary in Table 17.20.010, and inserting an "A" under Light Industrial. If the amendment is adopted, medical marijuana dispensary or dispensary will be allowed only in Light Industrial. A roll call vote was taken on the amendment to Ordinance No. 011-01. All council members present voted aye. Motion carried 7-0. The question is being called for on the motion to pass Ordinance No. 011-01 as amended. A roll call vote was taken. Council members Poehls, Mace, Nelson and Hart vote aye. Council members Dickerson, Stamper and Rodgers voted no. Motion carried 4 -3. • Ordinance No. 011 -02: An ordinance amending Title 5 of the Laurel Municipal Code titled "Business licenses and regulations" to allow licensing of medical marijuana businesses. Second reading. Motion by Council Member Hart to adopt Ordinance No. 011-02, seconded by Council Member Poehls. Robert Stamper, 523 Date Avenue, asked if there is an age limit on purchasing a business license. It was stated that under Section 5.70.060 of the ordinance, a license cannot be held by any person under the age of eighteen (18) years. A roll call vote was taken on the motion. Council members Poehls, Mace, Nelson, and Hart voted aye. Council members Dickerson, Stamper and Rodgers voted no. Motion carried 4-3. ITEMS REMOVED FROM THE CONSENT AGENDA: None. COMMUNITY ANNOUNCEMENTS (ONE- MINUTE LIMIT): None. COUNCIL DISCUSSION: Council Member Poehls thanked the public for coming and for their input. The council makes decisions that they feel are best for the city of Laurel. Council Member Mace said he is also glad to see the public tonight. It is good to see the tanks coming down at the storage facility by the railroad tracks. The warmer weather has allowed the Public Works Department to breathe a sigh of relief. There was an error in the Park Board Minutes but a correct copy has been redistributed. Council Member Dickerson said he hopes that everyone in the audience realizes that, as they are all individuals with feelings and expressions, the council is also made up of individuals with the same feelings. We vote as we feel best represent the city. Thanks for being here tonight and voicing your opinions. 7 Council Minutes of February 14, 2011 Council Member Nelson thanked the public who came out tonight. Even though he voted for these ordinances, he agrees with most of the audience. He feels he is protecting them by voting for established criteria that may better serve them, then by having a lawsuit. Council Member Rodgers thanked all for coming and for the comments over the past month. Hopefully, our state will attend to this so we don't have to face it in the future. Even though there was testimony about no crime, he knows otherwise, by talking to people in different communities that are associated with police departments. It is a money maker and that is why these people are here. It needs to be controlled a lot better than what is being done now. Council Member Hart offered to show the audience the map and the areas where it would be allowed, after the meeting. Mayor Olson said it is like any issue that comes before the council; you have the opportunity to see the form of government that we work under, a democracy. He doesn't know of any other example that is as good as tonight's meeting, that shows how business is conducted. The council serves the community and the community must understand how well they are served by the council members. They work very diligently to make sure your best interests are served. The Council Retreat will be held on Saturday, February 26 in the council chambers. An additional item will be added to the agenda for a total of eight items. There is still time to put items on the agenda. Coffee and rolls will be served starting at 8:30 a.m. with the presentation starting at 9:00 a.m. A break will be taken for lunch and lunch will be brought in. Hopefully, it will wrap up by 2 -3 p.m. All council members present indicated they will be able to attend. The council is a diverse group and it will be interesting to see how the topics flow. Mayor Olson said an item will be added to the workshop agenda for next Tuesday. There will be discussion on the budget process and how it is going forward. ADJOURNMENT: Motion by Council Member Mace to adjourn the council meeting, seconded by Council Member Dickerson. There was no public comment or council discussion. A vote was taken on the motion. All council members present voted aye. Motion carried 7 -0. There being no further business to come before the council at this time, the meeting was adjourned at 8:15 p.m. Cathy Gabrikn, Deputy Clerk Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 1st day of March, 2011. AIM" K- eth E. Olson, Jr., Mao. Attest: 4 L( 2/ /2:L. Shirley Ewan, Clerk/Treasurer 8 Mark Mark A. Long Narcotics Bureau Chief Montana Dept of Justice Division of Criminal Investigation P.O. Box 201417 Helena, MT. 59620 -1415 (406)444-0271 Office (406) 4442759 Fax malongOmt.gov - -Original Message— From: Lee Richardson [maiilbieeandirma@gmail.com] Sent Thursday, February 03, 2011 9:48 AM To: Long, Mark Subject Mark: I know that you are very busy with legislature. Laurel is having a public input on Feb. 15th for allowing licensed medical providers starting on March 15th as the 2nd 6 month moratorium expires. The city attorney said we need to provide concrete evidence to support air decision that would hold up in court Do you think the legislature will be repealing the law? 1. How many card holders now have it for questionable chronic pain or for probable not real medical indications. 2. Isn't it true e that the board of medical examiners is unable to get the names of the physicians that recommend the card and how many cards they have recommended? One of the recent Mont medical reports we receive suggests that when they get complaints b investigate that they cannot get the state b give them this information and I suspect they can't legally do this, and yet the impaired physician can loose their license for narcotics abuse. 3. Can't the 6 plants per patient supply more than the 1 ounce per week? Pictures of the plus show them over 6 feet tall and I would think that those could produce more than small plants. 4. Can't the growers not tell where they are growing marijuana so their facilities can't be checked. Any other issuers that! ca Id bring up in authority writing and documentation for the city if we have b defend it legally. There is only a small area in Laurel that is more than 1000 feet from schools, churches, or residential area I fear that our law will not be repealed? Lee Richardson Ieeandirmaegmail.com Phone: 406 672 8888 or 406 628 8122. 115 13th Street, Laurel,Mt 59044. If you speak in the Billings area again, I would sure like to attend. Lee Sent from my iPad Sent from my iPad Begin forwarded message: From: tong, Mark" <malong anmt.gov> Date: February 3, 2011 10:52:29 AM MST To: 'Lee Richardson' <Ieeandirma cC�.gmail.com> Subject: RE: Hi Doctor. Good b hear from you and I hope all's well on your end. 1. I've attached the latest stags on the medical conditions listed for Montana card holders. You can see that the vast majority of them are in one category or another of the "chronic pain" condition. If you combine those chronic pain conditions it makes up right around 90% of the card holders. Now, as b how many of those are "questionable" or "not real medical indications ", 1 don't think anyone in this state has a clue. Certainly those of us in law enforcement don't know. The physicians who make the recommendations would be the only ones who might 2. It is true that the board of medical examiners are unable b get the names of the physicians that )`l recommend the card and how many cards they have recommended. That's by statute. Even law ` enforcement can't get that info. The board might be able b get court orders (investigative subpoena) for that information but I'm not sure how that works for non - criminal justice entities. I believe the MMA chief legal counsel is a former Montana Assistant Attorney General? She could probably provide the best input on that There is also specific language in the law that forbids any sanctions (criminal, civil, or disciplinary)against any physician for issuing cards. 3. Here's one of the many problems in the law: A patient is allowed 1 oz of marijuana. BUT, there is no 3� language that specifies how often that patient can get that 1 oz. The law doesn't say anything like "1 oz per day" or "1 oz per week". So, a patient can legally obtain an ounce every hour if they want Yes, six plants could easily supply a patient with an ounce a week. One plant can do that However, if a "patient' is using say 8 -10 oz a week, then that might not be enough plants. The reality? Those growers are producing considerably more pot than the patient could possibly "legitimately" use. 4. You are right again; growers are not required b report the grow locations b anyone, and they are not even required b list a physical location on their application. Most use P.O. boxes. So, no one has any ` idea where they are unless they choose b provide that info. That's one of the big hurdles for cities b deal with when trying to enforce zoning, building, fire, and health codes. How can you enforce them if you don't know where they are? I hope some of this help, Dr. Its a mess for sure. I don't have any presentations planned for the next couple months because I'm trying to make all of those presentations to our legislature. There are a dozen bills up there that deal with medical marijuana, so I'm just hoping some of them move through the system. Sadly (and I adrrit some pessimistic leanings) ! don't hold cut a lot of hope for a repeal of this law coming out of this session. Sure hope I'm wrong! POSITION STATEMENT MONTANA MEDICAL ASSOCIATION ON MEDICAL MARIJUANA Adopted September 11, 2010 Evidence sug•es s that - e •f -sb -i- ialel - '1 1- -- a -• of certain intractable medical conditions. Further evidence has also shown significant risks and side effects related to such use. To the extent the law permits use of marijuana for medical indications, marijuana should be used only with proper indication in a safe and effective way. Like any other plant derivative used in medicine, marijuana, in whatever form, should be subject to the same regulatory scrutiny as any other psychoactive drug with the potential for abuse. More research regarding the safety, dosage, and effectiveness of this treatment is needed. Marijuana is an unregulated product of uncertain quality, quantity, and potency. Marijuana should be regulated in the same manner as other psychoactive medications. (20100911, MMABOT, 132ndAM) January 20111 Department of Labor and Industry, Business Services Division FF IA M edica l Board Members r u a n Emergency Medical Technician Ryan Burke, EMT -P Great Falls Board of Medical Examiners Nutritionist By Dr. Anna Earl, Board Chair Pat Bollinger, MS RD Helena Physicians The Montana Board of Medical Examiners would like to share its perspective on an Dean Center, MD issue that is before the legislature, medical marijuana. It is an issue we have been Bozeman monitoring, as it relates to physicians, since the summer of 2009. Anna Earl, MD First, please keep in mind that the BOME is a licensing board whose mission is to Chester protect the public. We achieve that mission through proper licensure and Mary Anne Guggenheim, MD regulation. Along with physicians, the board licenses and regulates EMTs, physician assistants, telemedicine physicians, podiatrists, nutritionists and Helena acupuncturists. Bruce Hayward, DO McAllister After media accounts stated there were traveling certification clinics with large number of individuals being certified in a single day, we organized an Kristin Spanjian, MD informational meeting in November 2009 to become better educated about the Billings law, to identify any potential issues or gaps and to understand the process being James Upchurch, MD utilized by clinics. We clearly saw a need to provide guidance to physicians who Hardin were doing certifications for medical marijuana and adopted a position paper Physician Assistant stressing that a standard of care must be followed. The position paper is included in this document. Dwight Thompson, PA -C Harlowton There is a legislative push to rein in the perceived abuses. We applaud the effort. Podiatrist The board is already well positioned to address physicians who do not follow a standard of care. The board, however, is dependent on a complaint process that Nathan Thomas, DPM puts us in a more reactive role vs proactive role. It has been frustrating to not be Missoula able to directly address "clinic" operations that establish standards of care that are Public Members based on money and not sound medical practice, and to have physicians hide Carole Erickson behind the clinic doors or the confidentiality measures now in place. Missoula The board is grateful for the interest to ensure "bad medicine" does not grow Eileen Sheehy from the public's desire to see compassionate care and pain relief to those Billings individuals stricken with painful illnesses and diseases. Physicians have been, and MT Academy of PAs liaison will continue to be, held to following a standard of care by the Board of Medical Examiners. We are available to assist in this legislative effort to improve the Kay Bills Kazimi, PA current law by sharing our experience, relaying what we have observed, and Helena answering questions. Board Office Anna Earl, M.D. Board Chair Jean Branscum, Executive Director Helena • 406/841 -2360 • Board of Medical Examiners • Medical Marijuana Medical Marijuana Certifications As of December 10, 2010 there are Current law also does nbtgive the 359 physicians in Montana who have ROME authority tb.look at physkians certified one or more patients for practicing in a work environment that medical marijuana. This is 9% of advertises certifications will be done physicians who hold an active license. Approximately 32 physicians have quickly, with or without medical records. certified over 100 patients. Current The law is clear that BOME can create law discourages the Board to look a board generated complaint if it Certifications by more closely at physicians who are knows the licensee by name and certifying high numbers of individuals. cannot discipline a physician for Teleconference (50-46 -103 and 40-46 -201, MCA) providing written certifications to qualifying patients. The Board of Medical Examiners ruled that the use of teleconference Physicians should not toss their medical education and training out the technology for initial medical marijuana windov to certdy an individual for medical marijuana. certifications does not meet standard of Standard of Care: Board Position Paper care, amending the position paper in November 2010. Clarifies and Protects In May 2010, the Board of Medical Examiners adopted a position paper to provide needed The public expects, and deserves, a guidance to physicians engaged in medical marijuana certifications. The position paper, certain level of quality to be delivered. amended in November 2010, has served as a guiding post on physician care for the BOME, The board has noted those who are physicians, patients, and other state agencies. seeking certifications have debilitating • conditions that demand physician Physlclan's Written Certification for Medical Marijuana and the attentiveness and ongoing monitoring. Bona Fide Physician- Patient Relationship Physicians should complete a "hands on" physical examination. Further, the In 2004 Montana voters approved the use of medical marijuana through the passage physician should complete the full of Initiative 148 which was codified as The Medical Marijuana Act ( "The Act") in Title 50, assessment themselves and not Chapter 46. The Act permits individuals to grow, possess and use marijuana to treat delegate a part of the certification certain chronic medical conditions, and permits other individuals, called caregivers, to process to other medical staff. grow, possess and transfer marijuana to designated clients who are certified to use marijuana for medical conditions. According to the Act, in order for a person to be Complaints permitted to use marijuana for a medical condition, a Montana - licensed doctor of The Board of Medical Examiners has had medicine or osteopathy must conduct a proper medical evaluation and certify that the six complaints filed against physicians person has one of the conditions specified or the patient must present his or her medical that relate to medical marijuana. record to the Department of Public Health and Human Services which enforces the Act. Disciplinary action was taken against The mission of the Board of Medical Examiners is to protect the public by ensuring that one physician, one physician has been physicians are properly trained and provide medical services within their scope of noticed, two complaints were dismissed, competence. The Board of Medical Examiners takes no position on the general suitability and two are under review. of marijuana in the treatment of medical disorders, but does have an obligation to protect the public by ensuring that physicians provide medical services via a bona fide physician— patient relationship that meet the generally accepted standards of care. continued, page 3 Board of Medical Examiners • Medical Marijuana Medical Marijuana Certification Position Paper, continued The Board of Medical Examiners is concerned about reports of physicians who are certifying patients to use marijuana for medical conditions in a mass screening format and physicians who are conducting certifying evaluations exclusively through Internet consultations. • It is the Board of Medical Examiners' position that the certification of an individual to use marijuana for a medical condition requires the same standard of care as required when any conventional medication is prescribed. The Medical Marijuana Act requires the physician to conduct a "full assessment" as part of "a bona fide physician- patient relationship." (MCA 50- 46- 2101(11)). Therefore, a physician who certifies a patient for medical marijuana is held to the same generally accepted standards of care as apply to every other medical practice. Generally accepted standards of care in any treatment process require the following in an amount adequate and appropriate to the patient, condition and treatment under consideration: • Taking a medical history • Performing a relevant physical examination • Reviewing prior treatment and treatment response • Obtaining and reviewing relevant diagnostic test results • Discussing advantages, disadvantages, alternatives, potential adverse effects and expected response to the treatment recommended, and ensuring that the patient understands them • Monitoring the response to treatment and possible adverse effects • Creating and maintaining patient records • Notifying the patient's primary care physician when appropriate Consistent with 50 -46- 201(4), MCA, the Board of Medical Examiners will not apply a higher or special standard of care to the certification of individuals to use marijuana for medical conditions. Neither will the Board apply a lesser or special standard. If the physician fails to meet the generally accepted standards of practice when certifying a patient to use marijuana for a medical condition, the physician may be found to be practicing below the acceptable standard of care and subject to disciplinary action for unprofessional conduct. The Board cautions physicians that a mass screening format or group evaluations, whether for student athletes or those desiring medical marijuana, inherently tend towards inadequate standards of care. A physician involved in mass screening settings or clinics offering group evaluations for medical marijuana certification must meet the standard of care which the people of Montana rightfully expect and deserve. Similarly, a written certification provided after a patient evaluation conducted exclusively through currently available electronic methods or the Internet may be inadequate to evaluate the complex medical conditions for which marijuana is an approved therapy. The practice of telemedicine in Montana requires a Montana license and adherence to the same standards of care as required of all Montana- licensed physicians. Addendum The Board of Medical Examiners recognizes the statutory requirements that a written certification for medical marijuana requires a full assessment be completed by a physician, 50-6 -102, MCA. At the current time, the standard of care for physicians certifying individuals for medical marijuana requires a "hands on" physical examination by a physician. The exclusive use of teleconference methods to certify individuals does not meet this level of standard of care. Adopted: November 19, 2010 x • Board of Medical Examiners • Medical Marijuana • Board Quick Facts • License and regulate Q uestions and Answers acupuncturists, emergency �p medical technicians, laG Why hasn't BOME shut down the traveling medical marijuana clinics? nutritionists, physicians, c4- BOME does not have the legal authority to investigate a facility or business. The board may initiate an investigation against a licensee, but only if a licensee can be identified residents, telemedicine ��pp physicians, physician assistants bG Can't BOME do something about physicians who are certifying hundreds of individuals? and podiatrists. c4- We can with your help and after you have filed a complaint with the board. The names of these physicians are oftentimes kept confidential and cannot be directly obtained by the BOME. • 9,923 active licensees The board will act on any complaint filed against a licensee. Seven complaints have been filed for reasons related to certifications. ��pp • 4,108 active licensed physicians laG Can't BOME do something about out of state physicians who are certifying individuals? of which 2,532 are in -state of The licensure laws do not require that a physician be a resident of Montana to be granted an active license. Many health care facilities depend on out of state physicians to temporarily • Receive about 170 complaints cover shifts or a vacancy until a position can be filled. As for certifying for medical marijuana, each year the Medical Marijuana Act deems information about these physicians as confidential and, thus, the names cannot be obtained by the BOME. The board does act on any complaint filed against a licensee. • Takes an average of 30 days to �p get a license to practice ( Has the BOME done anything to stop what looks to be "bad medicine ?" medicine in Montana o¢ The board has acted on every complaint filed against a licensee. Six complaints have been filed for reasons related to medical marijuana. One physician has been disciplined and a second was noticed. In addition, the board has drafted a guidance document (position paper) that • Board consists of 13 members. stresses the point that a physician must follow medical standard of care. 12 board members are appointed by the Governor and What is a State Medical Board? confirmed by the Senate. One The Montana Board of Medical Examiners' primary responsibility and obligation is to member is selected by MT protect health care consumers through proper licensing and regulation of physicians, Academy of Physician Assistants. telemedicine physicians, residents, physician assistants, podiatrists, nutritionists, acupuncturists and emergency medical technicians. • Board members serve staggered The ability to practice in one of the licensed occupations is not an inherent right of an four year terms individual, but a privilege granted by the people of a state acting through their elected representatives. The public is protected from the unprofessional, improper and incompetent practice through laws and regulations. It is the duty of the Board of Medical • Board meets a minimum of six Examiners to regulate the practice. times /year Medical Board Structure Board membership is composed of volunteers who are charged with upholding the practice Board Contact acts. Twelve voting members are appointed by the governor and one nonvoting member is Information selected by the Montana Academy of Physician Assistants. Most occupations licensed and regulated by the board have a representative member with the exception of acupuncturists. The board is attached for administrative purposes to the Department of Labor and Jean Branscum, Executive Director Industry. Funding comes from licensing fees. Any fines imposed are deposited into the Board of Medical Examiners general fund. There are six licensing and program staff, including an executive director. Department of Labor and Industry 301 S. Park Helena, Montana 59601 Licensure 406/841 -2360 Assembling a quality health care workforce to meet the needs of the public begins with jabranscum @mt.gov licensure. Through the licensure process, the state ensures that individuals have appropriate education and training, and that they abide by recognized standards of Find us on the Web: professional conduct. www.medicalboard.mt.gov Medical Marijuana Registry Run on: 02/01/2011 Page: 1 of 1 Active Enrollments by Condition Cachexia or Wasting Syndrome 687 Cancer, Glaucoma or HIV (AIDS) 810 Multiple Sclerosis 24 Seizures 246 Severe Nausea 478 Severe Seizures and /or Nausea and /or Muscle Spasms 59 Severe or Chronic Pain 21028 Severe or Chronic Pain & Muscle Spasms 3512 Severe or Chronic Pain & Nausea 1342 Severe or Chronic Pain & Seizures 201 Severe or Chronic Pain, Nausea & Muscle Spasms 507 Severe or Persistent Muscle Spasms 538 *May contain duplicate counts if a patient reports more than one condition. Run on: 02101/2Q11 Page: 1 of 1 Physician and Patient Distribution In increments of: 10 111 Physicians with 1 Patient 41 Physicians with 2 Patients 30 Physicians with 3 Patients 25 Physicians with 4 Patients 19 Physicians with 5 Patients 16 Physicians with 6 Patients 8 Physicians with 7 Patients 12 Physicians with 8 Patients 5 Physicians with 9 Patients 8 Physicians with 10 Patients 27 Physicians with 11 to 20 Patients 8 Physicians with 21 to 30 Patients 6 Physicians with 31 to 40 Patients 4 Physicians with 41 to 50 Patients 1 Physicians with 51 to 60 Patients 1 Physicians with 61 to 70 Patients 2 Physicians with 71 to 80 Patients 33 Physicians with more than 100 Patients 357 *Only groupings with counts greater than 0 are shown on this report. Run on: 02/01/2011 Page: 1 of 1 Caregiver and Patient Distribution In increments of: 10 2474 Caregivers with 1 Patient 684 Caregivers with 2 Patients 360 Caregivers with 3 Patients 243 Caregivers with 4 Patients 176 Caregivers with 5 Patients 112 Caregivers with 6 Patients 106 Caregivers with 7 Patients 63 Caregivers with 8 Patients 60 Caregivers with 9 Patients 57 Caregivers with 10 Patients 271 Caregivers with 11 to 20 Patients 88 Caregivers with 21 to 30 Patients 35 Caregivers with 31 to 40 Patients 27 Caregivers with 41 to 50 Patients 18 Caregivers with 51 to 60 Patients 16 Caregivers with 61 to 70 Patients 8 Caregivers with 71 to 80 Patients 5 Caregivers with 81 to 90 Patients 5 Caregivers with 91 to 100 Patients 35 Caregivers with more than 100 Patients 4843 Run on: 02/01/2011 Page: 1 of 1 Patient Distribution by Aqe Patients between the ages of 0 and 90 In increments of: 10 51 0.18% Minors Tess than 18 years of age. 1122 3.96% Patients between 18 and 21 years of age 7082 24.97% Patients between 21 and 30 years of age 5873 20.71% Patients between 31 and 40 years of age 5442 19.19% Patients between 41 and 50 years of age 6353 22 Patients between 51 and 60 years of age 2073 7.31% Patients between 61 and 70 years of age 296 1.0 Patients between 71 and 80 years of age 60 0.21% Patients between 81 and 90 years of age 10 0.04% Patients over 90 years of age. 28362 Average Aqe 41 Medical Marijuana Registry Run on: 02/01 /2011 Page: 1 of 2 Patients with Current Enrollments Patients Caregivers Beaverhead 201 22 Big Horn 144 11 Blaine 75 8 Broadwater 163 33 Carbon 221 39 Carter 2 0 Cascade 1767 286 Chouteau 56 8 Custer 208 21 Daniels 12 1 Dawson 107 22 Deer Lodge 243 14 Fallon 20 0 Fergus 199 48 Flathead 3514 728 Gallatin 3710 664 Garfield 7 0 Glacier 146 4 Golden Valley 20 2 Granite 54 11 Hill 389 32 Jefferson 326 41 Judith Basin 16 4 Lake 697 119 Lewis & Clark 2099 265 Liberty 16 4 Lincoln 626 165 Madison 370 58 Mccone 5 3 Meagher 48 8 Mineral 235 48 Missoula 4301 731 Musselshell 137 17 Park 739 188 Petroleum 8 2 Phillips 44 14 Pondera 82 20 Powder River 13 0 Powell 163 27 Prairie 11 5 Ravalli 1528 337 Richland 145 11 Roosevelt 68 6 Rosebud 184 6 Sanders 365 100 Sheridan 54 7 Silver Bow 1000 122 'Caregiver count includes only those caregivers who are currently associated with a current enrollment. Medical Marijuana Registry Run on: 02/01/2011 Patients with Current Enrollments Page: 2 of 2 Patients Caregivers Stillwater 123 19 Sweet Grass 73 9 Teton 93 8 Toole 75 6 Treasure 10 1 Valley 87 15 Wheatland 33 4 Wibaux 8 1 Yellowstone 3207 518 Total: 28247 4843 Out Of State: 115 0 `Caregiver count includes only those caregivers who are currently associated with a current enrollment. MNTAN A Department of Pubic Health & Human Services Medical Marijuana Program (MMP) January 2011 Registry Information Patient Summary January 2011 December 2010 Patients with current enrollments 28,362 27,292 Deceased Patients 51 48 Patients with no caregiver 1,006 978 Caregiver Summary January 2011 December 2010 Caregivers associated with patients with current 4,843 4,807 enrollments Deceased Caregivers 4 4 Physician Summary January 2011 December 2010 Physicians associated with patients with current 357 359 enrollments February 1, 2011 Crime Rate: Colorado Springs • The myth is that dispensaries attract crime. Statistics show that is not true. In fact January 1 — May 22 medical marijuana dispensaries accounted for 1.5 percent of all business robberies in the city — 1 in 82, Police Department stats show. • Vandalism: Only one dispensary was vandalized among the 2,618 reported incidents of vandalism citywide from January through May 22. • A 2010 review by the Colorado Springs Gazette newspaper reported, "Police have yet to find a correlation between the city's approximately 175 pot shops and increased crime." Denver • January 28, 2011: An analysis of Denver crime statistics for 2010 contradicts claims that the operation of medical marijuana dispensaries are associated with elevated incidences of criminal activity. • The highest concentrations per capita of medical marijuana dispensaries are located in Denver. Los Angeles • A 2009 review of Los Angeles crime data also failed to establish a positive link between medical marijuana facilities and crime. • Los Angeles Police Chief Charlie Beck was quoted as saying `Banks are more likely to get robbed than medical marijuana dispensaries." Beck also said the LAPD logged reports of 71 robberies at more than 350 banks in the city, compared to 47 robbers at roughly 800 medical marijuana dispensaries. San Francisco • Police have tried to paint dispensaries as a dark influence on crime, but theweedblog.com reports that police officials there have admitted they've found no connection between dispensaries and lawbreaking. Towns That Have Allowed M.M. Dispensaries and Ordinances Bozeman • Mayor Jeff Krauss testified at the Capitol this week, asking the Legislature to look to Bozeman for guidance on the divisive issue. "Listen, at the City of Bozeman we have answers to many of the things you have heard from the opponents," Krauss said Wednesday. "We've done work on this," said city attorney Greg Sullivan. "We've got a solution in place, it seems to be working well." • City commissioners and staff drafted the rules through months of consulting with the cannabis community, as well as law enforcement and those against the substance. Greener pastures dispensary owner Mike Nelson commends Bozeman for what he sees as appropriate regulation, stating "They set some parameters." • "We zoned it out of residential areas. We zoned it out of the entryway corridors. We prohibited within 1,000 feet of schools," Krauss said at the Wednesday hearing. West Yellowstone, MT • With the current emergency ordinance prohibiting sale of medical marijuana about to expire on Oct. 6, town operations manager Jamie Greene presented a draft medical marijuana ordinance that allows businesses — those who grow and sell marijuana to specific clients who are registered in the state of Montana to use medical marijuana — to set up shop in town, though not within 1,000 feet of schools. Generally, that will restrict such businesses to the southeast corner of town. • The proposed Ordinance No. 253, Greene explained, is modeled after Bozeman's ordinance. It primarily sets the business licensing requirements for medical marijuana transactions, prohibits the display, consumption or smoking of medical marijuana in public places, and regulates the commercial activities related to medical marijuana. Ennis, MT • Ennis' new medical marijuana ordinance will go into effect Dec. 5 and some within the medical marijuana industry feel like it can be a model regulation for other small towns around the state. • "I thought it was a very reasonable ordinance for a smaller town in Montana," said Jim Gingery, executive director of the Montana Medical Growers Association and an Ennis business owner. • The main thing Vujovich wanted to do was plan for medical marijuana businesses before one opened up on Main Street. • Some people have abused the medical marijuana law and it has caused problems in some towns and she and other commissioners believed a responsible and reasonable ordinance could help Ennis avoid issues other communities have faced. • "That was one reason we adopted the ordinance, it gives us the right to regulate it, maintain it and make sure it's done correctly," Vujovich said. Lawsuits Great Falls, MT • Three medical marijuana patients are suing the City of Great Falls over the city's recent ban on medical marijuana caregivers. 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 "substantial hardship" by making it difficult to obtain the drug. Helena, MT • Paul Schmidt, owner of Sleeping Giant Caregivers, said Medical marijuana businesses fall outside the city's authority and that Helena is denying medical pot users' rights and privilages under the state's medical marijuana law. Paul is requesting a declaratory judgment saying the state Department of Public Health and Human Services is the sole regulator of medical marijuana. According to the complaint, the city violated his privileges as a caregiver awarded to him through the Medical Marijuana Act. Birmingham, MI, Bloomfield Hills, MI, Livonia, MI • The American Civil Liberties Union of Michigan files a suit against the cities of Birmingham, Bloomfield Hills, and Livonia on Wednesday supporting a 61 year old Birmingham woman's right to use medical marijuana. ACLA officials charge that Linda Lott, a licensed medical marijuana patient suffering from multiple sclerosis for 28 years, is having her state rights violated by ordinances in all three cities prohibiting growing and using medical marijuana. City of Wyoming, MI • Wyoming resident and retired lawyer John Ter Beek filed suit in Kent County Circuit Court this week, alleging the local ordinance violates the voter - approved state medical marijuana law and goes against the constitutional right to ballot initiatives. "I filed it to protect our rights under state law," he said. Ter Beek, who said he is registered to use medical marijuana to treat pain, called the proposed city law vague and overly broad. • WYOMING, Mich. (WOOD) - Wyoming Mayor Jack Poll said Wednesday the city -- and its taxpayers -- could face some costs tied to fighting a lawsuit challenging the city's proposed medical marijuana ban, but he said he didn't think the city would shoulder the burden alone. Asked if taxpayers are going to end up on the hook for much of the cost, Poll told 24 Hour News 8 Westminster, Col. Herbal Remedies is seeking a preliminary injunction against the city of Westminster for not granting a renewal business license. The grounds for the Herbal Remedies lawsuit are much the same as those argued in Centennial late last year in a lawsuit on behalf of the CannaMart dispensary. CannaMart had a valid business license, but Centennial moved to shut it down anyhow, precipitating legal proceedings in Arapahoe County District Court. There, Judge Christopher Cross ruled that Centennial's reliance upon weed's illegality under federal law was trumped by the Colorado constitutional amendment legalizing medical marijuana. This ruling fits with McAllister's interpretation of the law. "The constitution allows for distribution or sale," says McAllister, "and any ban by the local government or the legislature will violate the constitution. And if this court in Adams County finds the same way the Centennial court did -- that the constitution allows sale and distribution -- these bans will be overturned. • Normal.org • http: // cannacentral .com /news /do- dispensaries- attract - crime - police- say -no/ • http:// www.blogtalkr....com/realtalkfm • http ://www.kbzk.com/news/bozeman- leaders -to- legislature -learn- from- us -on- medical- marijuana/ • http:// www. 420magazine .com/forums /montana- mmj/122786- city - releases/ • http: / /www.bozemandailychronicle.com /news /article 45f8c4fa- 07e1 -11e0 -8cc3- 001cc4c03/ • http:// www .westyellowstonenews.com/news /article 5388f851- 41c0 -5af7 -82e2- 775cafb6fc89.html • http ://www.madisoniannews. com/2010/11/medical-marij uana-%E2%80%93-ennis- official-do-their-homework-craft-ordinance-that-draws-praise/ • http: / /www.krtv.com/news /lawsuit - filed- against great - falls- over - medical - marijuana -ban/ • http:/ /www.necn.com/l0 /18 /10/Medical- pot - provider- seeks - way - around/ • http: // articles .petoskeynews.com /2010 -12 -02 /dispensaries 25004749 • http : / /www.gather.com /viewArticle. action ?articleId = 281474978755343 / • http: / /www.woodtv.coin/dpp /news /local/kent county /Wyoming- sued - over - medical marijuana -law • http : / /www.findmypot.com/2010 /08/ 11 /lawsuit- filed - against- city -of- westminster -over- medical -marij uana- dispensary -bane • http:// blogs. westword.com/latestword/2010 /08 /medical marijuana lawsuit against west minster/ i-kilowable uses for retail sales of Medical Marijuana and commercial growing ■ r !jr Itll '°1 • II 111 PSI kIIFN H4N%�Il�%1 '�,� ■. 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