CAREGIVERS: MEDICAL MARIJUANA PROPOSAL 'DO-ABLE'

A time-limited moratorium restricting medical marijuana businesses
in Great Falls is winding down, and a public hearing before the
city's combined Planning and Zoning Commission is expected to draw a
crowd at 3 p.m. Tuesday in the Civic Center.

Two medical marijuana caregivers in the Great Falls area say they
think a proposal by the city's planning staff for a city ordinance
could work, with some minor changes.

"I think it's do-able," caregiver Julie Knight said. "I think we
could live with it."

"For the most part, I think this is a fine piece of work," caregiver
Pam Birchard said.

Some area residents favor a total ban on medical marijuana
businesses in the city, despite a 2004 public vote legalizing use of
marijuana for sick people in pain, or delaying a decision through a
moratorium.

One Great Falls businessman, Ben Forsyth, said the state of Montana
is doing a poor job of oversight, and many people are obtaining
medical marijuana cards without justification. He said the city
should extend the moratorium for up to a year "until the state
cleans up its act and cleans up the laws and controls it better."

"That would give us time for the Legislature to meet," Forsyth said.
"The law is so poorly written it's not protecting the people."

The proposed Great Falls ordinance would allow medical marijuana
shops in industrial areas or commercial areas where businesses
typically are allowed, such as downtown or along commercial strips.

Two other options offered by the Planning and Community Development
Department are banning marijuana businesses from the city entirely
- -- as Helena has done, based upon federal law -- or extending the
moratorium through February to allow more time for research.

"Definitely I have a problem with extending it for a year," Knight said.

Birchard, who lives outside the city limits, said she does not
believe an outright ban would be "in keeping with the will of the people."

She said she and her husband provide fewer than 10 patients with
medical marijuana and do not grow plants at their home. Many
caregivers are in this category, she said.

"We are not the back-door drug dealers that they are concerned
about," Birchard said.

She also took issue with the city's broad definition of usable
marijuana under the ordinance, saying stems and seeds are not usable.

"I disagree with that, especially the stems," she said. She also
suggested that the city increase the number of plants a caregiver
may keep from seven to 12.

Birchard said she may be affected very little by the city ordinance
because she lives outside Great Falls. But she said acceptance of a
zoning ordinance by the city would help indicate that caregivers are
legitimate business people.

Birchard said she has one patient who is a business owner who was
able to continue working because of medical marijuana, while two
others are disabled war veterans, one of whom is terribly ill.

"This is very valuable medicine that has been overlooked for years,"
Birchard said.

Knight said her clients are modest and very discreet, and that she
would want an office location out of the limelight. She argued that
marijuana is "far less damaging" than many prescription drugs.

She added that she would challenge anyone to show her a verified
case of someone overdosing on marijuana.

"If they can show me an instance, I'd love to see it," Knight said.

Forsyth said he would prefer the city proceed with caution,
contending the Great Falls addiction treatment community is seeing
growing numbers of people seeking help for marijuana addiction.

However, he did acknowledge that "There are people out there that
really need this stuff," citing the case of a man with bone-marrow
cancer whose pain is eased by marijuana.

Some residents have suggested that the city's role is only to deal
with zoning matters, and poor state oversight is a problem state
government must address.

But Forsyth said state law requires local governments to consider
residents' health, safety, convenience and welfare in making zoning decisions.

"It shouldn't be zoned for it until it's controlled," Forsyth said.

Knight said some people are overreacting to the introduction of
medical marijuana to Great Falls.

"I think that they're working out of fear," Knight said. "I think
they're scared."

A final decision on medical marijuana businesses within the city
limits may come at the regular June 1 City Commission meeting in the
Civic Center.