Tag Montana

Medical marijuana is facing a backlash; civic leaders complain of an overdose of pot shops

18 August, 19:39, by admin Tags:

HELENA, Mont. – HELENA, Mont. (AP) — The vandals struck in the middle of the night, hurling Molotov cocktails through the windows of two medical marijuana businesses and spray-painting “NOT IN OUR TOWN” just before the Billings City Council was supposed to take up a ban on any new pot shops.

Montana and other states that have legalized medical marijuana are seeing a backlash, with public anger rising and politicians passing laws to slow the proliferation of pot shops and bring order to what has become a wide-open, Wild West sort of industry.

They are looking to avoid what happened in California, which allowed the pot industry to grow so out of control that at one point Los Angeles had more medical marijuana shops than Starbucks — about 1,000 by one count.

“Yeah, it’s out of control — and it needs control, if not extinction,” Montana Sen. Jim Shockley said Friday. “There’s no control over distribution. There’s no control over who’s growing it. There’s no control in dosage.”

Fourteen states have legalized medical marijuana, beginning with California in 1996, and the District of Columbia followed suit this month. The laws allow chronically ill people to buy marijuana with permission from a doctor.

But many of these states passed their laws without working out the details. And they weren’t ready for the boom in pot shops that occurred this past year after the Obama administration announced it wouldn’t prosecute medical marijuana users.

In some places, law enforcement officials and civic leaders are complaining that there are too many marijuana dispensaries, that buyers and sellers are falling victim to robberies and break-ins, that driving-under-the-influence arrests are on the rise, and that the pot is being sold indiscriminately and winding up on the black market.

Some state and local governments are now rushing to put regulations in place.

Colorado lawmakers passed sweeping rules this month for pot growers and the estimated 1,100 shops selling marijuana, creating a new state bureaucracy led by auditors and criminal investigators who would monitor the industry to make sure, for example, that the drug is being sold only to patients who have a doctor’s recommendation.

Regulators expect only about half of the state’s dispensaries to continue operating under the stricter rules.

The Billings City Council approved a six-month moratorium on new medical marijuana businesses in May after the violence against pot businesses the previous two nights. On Thursday, the city of about 90,000 people ordered 25 of Billings’ 81 pot businesses to shut down after discovering they were not properly registered with the state.

“I was hoping this would be a more civil discussion,” City Councilman Denis Pitman said after the firebombings. “I wish it wouldn’t have gotten to this level.”

Los Angeles officials recently took steps to shut down hundreds of dispensaries and ensure that the remaining ones meet stringent new guidelines. Owners must undergo a background check, their stores must be 1,000 feet from schools, parks and other gathering sites, and their pot must be tested at an independent laboratory.

Montana’s medical board is considering curbing mass screenings and teleconferences that make it easy for people to get a marijuana card. Montana in recent days has seen “cannabis caravans,” mobile operations that pass through town, charging people $100 to $150 for a doctor’s recommendation to smoke pot.

The push for tighter regulation has infuriated medical marijuana users.

“They are creating ordinances and moratoriums that are blatantly against the law,” said Jason Christ, founder of the Montana Caregivers Network, the group that organizes the cannabis caravans. “They do not serve to protect the welfare of our citizens, and they do no good.”

In Colorado earlier this month, veterans in wheelchairs, college students and dispensary owners packed legislative hearings to speak out against the regulations. The hearings lasted eight hours and reached a fever pitch when several people had to be removed for shouting at lawmakers.

Medical marijuana has been around for more than five years in Montana, but the boom came this past year. The number of registered users in Montana, a state with a population of just under 1 million, has gone from 2,923 last June to about 15,000 today. The number of registered suppliers has increased from 919 to about 5,000.

DUI arrests involving marijuana have skyrocketed, as have traffic fatalities where marijuana was found in the system of one of the drivers, Montana narcotics chief Mark Long told a legislative committee last month.

Also, Montana confidentiality laws prevent law enforcement from knowing where most medical marijuana businesses are, and civic leaders complain they don’t know whether the shops are up to city and fire codes or close to churches, schools or parks.

During Colorado’s legislative debate, state Sen. Chris Romer quoted the Grateful Dead as he contemplated the spectacle of lawmakers actually passing regulations for the legal sale of marijuana: “What a long, strange trip it’s been.”

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Montana health officials say loophole allows out-of-state residents to get medical marijuana

18 August, 19:35, by admin Tags: , ,

HELENA, Mont. – A person doesn’t have to live in Montana to receive a medical marijuana card from the state, health officials said Friday.

The Montana Department of Public Health and Human Services discovered what it calls a loophole in state law after reviewing plans to require medical marijuana applicants to have a Montana driver’s license or state-issued identification, said department spokesman Chuck Council.

The new driver’s license policy was to begin on Monday, but the legal review has halted those plans.

“The law is mute on the subject of legal residency and there is no recourse for the Department of Public Health and Human Services but to keep the situation as it stands,” Council said. “On Monday, we will be moving forward, status quo, on the processing of out-of-state applications.”

The state health department maintains the medical marijuana patient registry, which stood at about 23,500 patients at the end of July. That’s an increase of nearly 4,000 people in just a month, a continuation of the medical pot boom that in the first six months of 2010 has seen more than 12,300 registered users added to the state registry.

Health officials decided to tighten the residency requirements after discovering several people whose permanent residences were outside Montana, such as college students and snowbirds, had applied for medical marijuana cards. It is unclear just how many such applications were received.

But unless the Legislature fixes the state law, health officials have no choice but to accept out-of-state applications, Council said.

State lawmakers are back in session in January, and an interim legislative committee is drafting changes meant to strengthen the law. The current law was passed by voter initiative in 2004, but the registration boom over the past year has exposed gray areas that police and municipal officials say have made oversight and enforcement difficult.

The founder of the Montana Caregivers Network, an advocacy group that has helped sign up thousands of medical marijuana patients, said Friday that the health department’s announcement is good news for patients.

“This was a clear violation,” Jason Christ said of the plan to require driver’s licenses. “I feel like they probably had a lot of calls by people about that.”

He has said that any qualifying patient should be able to get a medical marijuana
card from Montana, and that he is skeptical the Legislature will act to restrict that access to Montana residents.

“A lot of people have anticipated that the Legislature’s going to do a lot of things. They never have,” Christ said. “Intentions are great, but you can’t take intentions to the bank.”

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