County weighs medical marijuana moratorium

The Hill County Commission is weighing in on a growing problem in the state, considering implementing a moratorium on new medical marijuana growing operations in the county until it can work out a way to regulate the industry.  “We have to figure out what we want,” Kristin Hansen, chief deputy Hill County attorney told the commission Wednesday, suggesting that the regulation of the drug could come through the county health board.  Commissioner Kathy Bessette said issuing a moratorium would send a message that the industry will be watched and regulated.  “We have to make a statement,” she said.  In 2004, Montana voters approved an initiative legalizing marijuana for use in alleviating pain and nausea for people with chronic and terminal medical conditions.  Under the law, people approved to use the drug can have up to one ounce of marijuana on their possession and can grow up to six plants for their own use.  People approved as caregivers, who grow marijuana for patients approved to use the drug, can raise up to six plants per patient.  Marijuana is still illegal under federal law, although U.S. Attorney General Eric Holder said in November that the federal government will not prosecute the federal laws in states that have passed medical marijuana laws.  Along with Montana, 14 other states have legalized medical marijuana.  The commission, Hansen and Hill County Planner and Sanitarian Clay Vincent discussed the issue and possible problems, as well as ways to regulate marijuana, in a meeting.  Havre Mayor Tim Solomon attended the session.  Hansen said the county has to take some action, because people in the county are asking what the regulations are.  “We’ve had our first request, so we also need to address it,” she said.  Numerous cities and counties, including Havre, have been considering or approving laws on how to regulate medical marijuana, use of Wh i c h h a s d r ama t i c a l l y increased in the las t few months.  Havre is among those considering a moratorium on new growing operations until it can come up with a plan to regulate the industry.  Hansen told the group that cities are saying the regulations are necessary because of the explosion of new users.  About 6,000 people applied and became medical marijuana patients in the first five years of the law, she said, with some 3,200 new patients being approved in the first two months of this year.  “Explosion is no joke,” she said.  Due to Montana’s lax regulations, the number continues to increase, she said.  “People have realized there is no control,” Hansen said.  Commissioner Mike Anderson said 1,500 people are applying each day.  Hansen said use of the drug seems to be legitimate in some cases.  She talked to a cancer patient who is using marijuana to reduce the nausea caused by chemotherapy, with some success.  The problem would be in abuse, she said.  The law allows caregivers to grow much more marijuana than a single patient would need in a year, Hansen said.  “The massive excess has to go to the market somewhere,” she said.  Other problems, such as where the drug could be used by patients, were discussed.  Solomon said that, along with the possibility of the law being abused, unregulated use could cause problems for nonusers.  If someone is sitting by a person smoking marijuana legally, that person could pick up enough THC, the active ingredient in the drug, to fail a drug test and lose their job.  “There are more questions than there are answers out there,” he said.  Commissioner Mike Wendland asked how the other states that have approved medical marijuana are regulating the industry.  Hansen said that part of the problem is that Montana has one of the most vague and lax laws of all the states allowing medical marijuana.  Possibilities are for the governor to take executive action to give directions to local governments, but the final solution probably has t o c o m e f r o m t h e Legislature.  “It needs a big fix,” she said.  When asked what other cities and counties are doing to regulate medical marijuana, Hansen said not much, as of yet.  The response to her inquir y t o t h e Mo n t a n a Association of Counties and the state County Attorney’s Association was: “Nobody knows.  We’re all trying to figure it out,” she said.