After the passage of an emergency ordinance by Havre City Council Monday, no medical marijuana grow operations or dispensary operators have stepped forward to self-register with the city. The ordinance placed a moratorium on new medical marijuana operations in the city for six months but also grandfathered existing businesses, with the provision that they register within 10 business days after its passage and not expand operations. According to www.dphhs.mt.gov, 19 caregivers are registered to operate in Hill County. It is unclear how many of those are in Havre. Caregivers are being asked to provide the location of their business and the number of patients currently served by them to the front window in City Hall. "We're kind of relying on the fact that those that are maintaining a legitimate business and ... want to follow the rules," said Janet Trethewey, the chairperson of the Planning and Development Committee that worked to create the ordinance. "Technically, because marijuana is not listed in any of the zoning codes, they would have to get a variance (to open)," she said about new operations, meaning that it would be difficult for them to slip in under the radar. If there is reason to believe that an operation has not registered with the city, is serving less or more patients than reported, has more plants per patient than allowed by state law, or is illegally distributing the product, Havre police officers can step in and enforce the ordinance. Operators found in violation will be charged with a misdemeanor catch-all penalty with a fine up to $500 and up to six months in jail. "I don't foresee any issues with (enforcing the ordinance)," Police Chief Jerry Nystrom said, but he said that issues pop up over time. "But we'll just deal with it as we go." A noticeable increase in complaints since medical marijuana became a Hot-button topic in Havre several months ago has not occurred, Nystrom said. "But as we continue to investigate cases, more cases turn out to be individuals who were illegal last week, but this week they have their medical marijuana card," he said. "It takes more man power, more time, or draws away, when you actually investigate something, and it turns out to be somebody with a medical marijuana card," he said. Some incidents involving break-ins at patient homes have also occurred, he said. "There's no set pattern. It's sporadic," he said. Investigating complaints is important to make sure that people do in fact have green cards, he said. "Don't assume that somebody has medical marijuana authority," he said, adding that people should report complaints regardless. "It's going to be investigated because we don't want anything slipping through the cracks." Breathing room The ordinance gives the city six months to come up with a more permanent solution. "At this time, I think it's the best thing to do," Mayor Tim Solomon said about the moratorium. "It's a step in the right direction, anyhow." "The idea is that we have six months to figure out how Havre is going to zone medical marijuana operations within the city limits," Trethewey said. During the next six months, the city will look at zoning issues in general and determine where medical marijuana operations fit into the larger print of the city. Some uses of areas have changed over time, Trethewey said. "Years ago when Havre was smaller, that outside edge was commercial," she said. Now, the residential areas have expanded and pushed the commercial areas further out from the city center. Also, some of the roughly 100 properties annexed by the city from the county are zoned with classifications that the city doesn't have. Either those classifications will have to be equated with a city class or the city wi l l have to add classes, Trethewey said. Shaping a permanent solution "Legislation needs to turn it around, and it needs to not be legal, period," Nystrom said, suggesting that pharmacies could sell THC, the active component of marijuana, in pill form and that would create a more controlled environment of distribution. "I would like to see that side of it," he said. There are problems controlling prescription medications, too, though, he said. "So it's like a cat chasing its tail," he said. "I don't know where it's going to end." The state Legislature should close loopholes to make getting a green card more difficult, he said. "The biggest thing for me would be to have stricter requirements on what makes you eligible for medical marijuana," he said. Valid uses are specific and reasonable, he said. "But to leave it open-ended ... that's too broad," he said, adding that maladies like chronic pain are too unquantifiable. Regardless of what the state does, people in the community have spoken in favor of regulation at the city level. Zoning is one way to do that, Trethewey said. Limiting the areas where operations can be located would help the police monitor them, Nystrom said. Community feedback Meetings during which how best to regulate medical marijuana has been discussed have been heavily attended, and many in attendance have spoken on both sides of the issue. Many, mostly caregivers and patients, have spoken in favor of medical marijuana, while many others have voiced their opinion that it should be illegal. Regardless of what end of the spectrum or what point in between people are, most have agreed that regulation is necessary. Sixty-two percent of Montana voters approved a voter initiative legalizing medical marijuana in 2004. The growth of use was slow until a few months ago, when applications for caregivers and patient registrations began to rise almost exponentially. A group of approximately 30 volunteers is working to find out how people in Havre feel about medical marijuana now. "We wanted to know what the public about it, and if they felt strong enough to actually sign and give their address," Rip Steckel, who is helping to circulate the petition, said. "They feel like they've been duped," he said about the people he has spoken with who voted for the legalization of medical marijuana. "If these individuals who were getting it were cancer patients and it was a stimulateto- eat program, it has a place," he said. "But it's gotten out of control." He would like the Legislature to ban medical marijuana, he said, although he added that he realizes that is unlikely. The City Council did the right thing by creating the moratorium, he said, and has taken into account concerns brought before them. "The City Council accomplished what I wanted to see, and that was a freeze on more individuals coming into our community," he said. "I think most bases are covered" by the moratorium, he added. "I think we have a good handle on it." The more than 200 signees so far of the petition listing several concerns with medical marijuana, have all said they don't want operations near their homes, Steckel said. "There's really no place for this in the community," he said. "I think that we could have a better community," he said. "I think that the community could be pretty much free of this stuff if we as the adults ... take a stand on these issues and present it to the next generation as something we don't want in our community." For the length of the moratorium, the volunteers will be speaking to residents of the city and keeping a tally of those in favor of medical marijuana and those against it. Action should be taken now before the issue comes to a head, Steckel said. "We need to attack this issue right now in order to send ideas to legislators to, if we can't get rid of it, to at least control it or to make it so safe that we don't have to worry about our kids getting it," he said. Council members are listening to community feedback, Solomon said. "Or they wouldn't have adopted the moratorium at this time, and so I think they are taking steps forward and will be continuing," he said. Trethewey said that the committee as well as the council has taken citizen concerns into account and will continue to do so. At the same time, "it's a little bit frustrating when 62 percent of the voters ... voted for the passage of the Medical Marijuana Act, and yet, all we're hearing is 'no, no, no,'" she said. "We're not getting both sides of the story." People have stopped her on the street and contacted her other ways, and that's something she wants to continue. "I would really like for people to come to the meetings, give us a call, shoot us an e-mai l — just whatever, " Trethewey said. "I think people are very concerned about some of the fallout," she added, "but I'm not convinced that everyone thinks that it should be outright banned."
City med marijuana moratorium passes, now what?
Alice Campbell Havre Daily News
acampbell@havredailynews.com
acampbell@havredailynews.com
Published: Monday, May 17th, 2010
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Comments (10)
By Tracey on June 7th, 2010 at 12:50pm
I don't have a medical degree, but I still feel medical marijuana is a joke. People who voted for it...seriously, stoners and potheads these days....there's just too many of them. For those who do need the drug, I'm sorry but there's way too many people who are abusing it. It should be illegal again. There are plenty of legal drugs out there to help with pain.
By Aaron on May 10th, 2010 at 04:07am
Here is one last question. Do you any have a masters degree in medicine if so let me see it. From what I read the second largest medical now recommends medical marijuana. Until you do quit telling people how to take their medication and I what form. People are not just after THC in marijuana .The ability of marijuana to work is surprising over a board range of medical problems. Look at how many illnesses the other states recognized in their Marijuana acts. Go to any medical web sight see how master degrees you see. I believe truthful education works and not fear mongrels’.
By Aaron on May 10th, 2010 at 04:06am
Rip Steckel did you not read what you voted before you voted. Are you saying the voters you also did not read the medical marijuana initiative? Hear are the sickness that it says.
cancer, glaucoma, or positive status for human immunodeficiency virus, acquired
immune deficiency syndrome, or the treatment of these conditions;
(b) a chronic or debilitating disease or medical condition or its treatment that produces
one or more of the following:
(i) cachexia or wasting syndrome;
(ii) severe or chronic pain;
(iii) severe nausea;
(iv) seizures, including but not limited to seizures caused by epilepsy; or
(v) severe or persistent muscle spasms, including but not limited to spasms caused by
multiple sclerosis or Crohn's disease; or
(c) any other medical condition or treatment for a medical condition adopted by the
department by rule. TITLE 50 CHAPTER 46 MEDICAL MARIJUANA ACT (
It is not just for people sick from cancer.
Here is one last question. Do you any have a masters degree in medicine if so let me see it. From what I read the second largest medical now recommends medical marijuana. Until you do quit telling people how to take their medication and I what form. People are not just after THC in marijuana .The ability of marijuana to work is surprising over a board range of medical problems. Look at how many illnesses the other states recognized in their Marijuana acts. Go to any medical web sight see how master degrees you see. I believe truthful education works and not fear mongrels’.
cancer, glaucoma, or positive status for human immunodeficiency virus, acquired
immune deficiency syndrome, or the treatment of these conditions;
(b) a chronic or debilitating disease or medical condition or its treatment that produces
one or more of the following:
(i) cachexia or wasting syndrome;
(ii) severe or chronic pain;
(iii) severe nausea;
(iv) seizures, including but not limited to seizures caused by epilepsy; or
(v) severe or persistent muscle spasms, including but not limited to spasms caused by
multiple sclerosis or Crohn's disease; or
(c) any other medical condition or treatment for a medical condition adopted by the
department by rule. TITLE 50 CHAPTER 46 MEDICAL MARIJUANA ACT (
It is not just for people sick from cancer.
Here is one last question. Do you any have a masters degree in medicine if so let me see it. From what I read the second largest medical now recommends medical marijuana. Until you do quit telling people how to take their medication and I what form. People are not just after THC in marijuana .The ability of marijuana to work is surprising over a board range of medical problems. Look at how many illnesses the other states recognized in their Marijuana acts. Go to any medical web sight see how master degrees you see. I believe truthful education works and not fear mongrels’.
By Aaron on May 10th, 2010 at 04:04am
To say caregivers are illegal is prejudging them, Janet Trethewey. Most caregivers are out of any city limits for security and privacy. I think you have opened up, a possible laws against the city of Havre, after you arrest the first caregiver.
The police Chief is concerned I understand that but sometimes a little common sense and communication goes a long way. Instead of watching a house for days weeks or months go and ask them. That does four things. First you will know if they have a medical card or not. Second it will give them one chance to get legal or quit doing illegal acts. This will free up the cops time to stop wasting money and man power. Fourth thing, that is most people will stop or get legal, but a few people have no common sense and will still do illegal acts. Those people will be easier the catch because first off you warned them but, you will see them still doing the same things.
Also serious caregivers once set up. Will invite local law enforcement in to the grow operation for a one time look. After that the police will need a search warrant. This will prevent problems later on but still no list. Co-operation on both sides are needed.
By Aaron on May 10th, 2010 at 04:03am
To say caregivers are illegal is prejudging them, Janet Trethewey. Most caregivers are out of any city limits for security and privacy. I think you have opened up, a possible laws against the city of Havre, after you arrest the first caregiver.
The police Chief is concerned I understand that but sometimes a little common sense and communication goes a long way. Instead of watching a house for days weeks or months go and ask them. That does four things. First you will know if they have a medical card or not. Second it will give them one chance to get legal or quit doing illegal acts. This will free up the cops time to stop wasting money and man power. Fourth thing, that is most people will stop or get legal, but a few people have no common sense and will still do illegal acts. Those people will be easier the catch because first off you warned them but, you will see them still doing the same things.
Also serious caregivers once set up. Will invite local law enforcement in to the grow operation for a one time look. After that the police will need a search warrant. This will prevent problems later on but still no list. Co-operation on both sides are needed.
By Aaron on May 10th, 2010 at 04:01am
First off there is to be only one list that is conferential list like a medical report. Not for city police of any town in Montana. People who take pain pills do not have to run to the police to say “hey I got pain pills!†Why should medical marijuana patience.
Here is one last question. Do you any have a masters degree in medicine if so let me see it. From what I read the second largest medical now recommends medical marijuana. Until you do quit telling people how to take their medication and I what form. People are not just after THC in marijuana .The ability of marijuana to work is surprising over a board range of medical problems. Look at how many illnesses the other states recognized in their Marijuana acts. Go to any medical web sight see how master degrees you see. I believe truthful education works and not free mongrels’.
Here is one last question. Do you any have a masters degree in medicine if so let me see it. From what I read the second largest medical now recommends medical marijuana. Until you do quit telling people how to take their medication and I what form. People are not just after THC in marijuana .The ability of marijuana to work is surprising over a board range of medical problems. Look at how many illnesses the other states recognized in their Marijuana acts. Go to any medical web sight see how master degrees you see. I believe truthful education works and not free mongrels’.
By mwoods on May 8th, 2010 at 19:19pm
Still trying to post a comment....
By makeitcount2 on May 8th, 2010 at 18:52pm
How can the security code be wrong all the time - and what's up with that anyway. Want to see if we can read. I have tried posting comments to this article several times. Is this what they call "sensored"?
By marilyn woods on May 8th, 2010 at 18:45pm
I think it's ironic that they know there are 19 "caregivers" in Hill County, but nobody knows where they are located. Why didn't they ask that when they were required to register in the first place? Maybe none are in the city of Havre. I know I wouldn't be. After all, as stated in the article, they would have to get a zoning variance to open. Duh. How can the city complain that "no one has come forward". Maybe they aren't operating within the city limits, which is what most Montana cities want anyway. Another Duh!
By MTConnectMagazine on May 8th, 2010 at 00:18am
I have a problem with this law enforcement "man power" statement.
I live in Lewis & Clark County - and on 5/4/10 - I planted 6 seeds in some dirt. As I had heard the "waste of man-power" statement - and wanted to be a responsible citizen - I called the Sheriff to report myself for growing medical marijuana.
If that wasn't impossible. I was told by non-emergency dispatch "I'm sorry Ma'am - we have no way to track that" even after I said "Your kidding me right?" - she stated it again.
So I ask for the drug task force number. I called ALL DAY that day - and it rang and rang and rang. There was never any answering machine - and never any answer. I called back to CONFIRM the number - and was given the same one.
I left a message for the sheriff the next day. My call has never been returned.
That there ol "Burnin up man-power" statement is a load of hog wash.......I have tried to SAVE time and am told I CANNOT report it.
I live in Lewis & Clark County - and on 5/4/10 - I planted 6 seeds in some dirt. As I had heard the "waste of man-power" statement - and wanted to be a responsible citizen - I called the Sheriff to report myself for growing medical marijuana.
If that wasn't impossible. I was told by non-emergency dispatch "I'm sorry Ma'am - we have no way to track that" even after I said "Your kidding me right?" - she stated it again.
So I ask for the drug task force number. I called ALL DAY that day - and it rang and rang and rang. There was never any answering machine - and never any answer. I called back to CONFIRM the number - and was given the same one.
I left a message for the sheriff the next day. My call has never been returned.
That there ol "Burnin up man-power" statement is a load of hog wash.......I have tried to SAVE time and am told I CANNOT report it.
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