ACTIVISTS AT ODDS OVER MEDICAL MARIJUANA

Two groups are taking different tacks over medical marijuana in Montana.

In Great Falls, an effort has begun to repeal the city's ban on
medical marijuana businesses within city limits through a ballot
issue that city voters would consider Nov. 2.

At the same time, medical marijuana opponents wrapped up their
effort Friday to gather 30,000 signatures in one week in order to
qualify for a statewide ballot issue during the Nov. 2 election.
Seasoned observers gave the Billings-based anti-marijuana group
little chance of success, noting successful efforts usually take months.

Even so, activist Pam Christianson of Billings was buoyed by support
signature-gatherers received this week as they circulated a petition
asking to have the measure to repeal the state's medical marijuana
law included on the ballot. In Great Falls, supporters collected
signatures Friday on 3rd Street Northwest near the front entrance to
Montana ExpoPark.

"We do know that people across the state have been downloading the
petition like crazy," Christianson said.

She added that she collected signatures in Billings earlier this
week, and Magic City residents responded well to the petition.

Christianson said the group will continue its efforts to cut or
eliminate use of medical marijuana in Montana even if the ballot
issue fails to make the ballot. She also noted that the Legislature,
which can repeal or change the current medical marijuana law, will
meet beginning in January.

Meanwhile, a Great Falls-based group called Great Falls Informed
Voters is seeking to repeal the City Commission's June 1 action
banning medical marijuana businesses in the city. The petition was
submitted by Allie Simmons of Great Falls.

A spokesman for the group, Brandon Kurth of Great Falls, said
backers want the issue placed on the Nov. 2 ballot as "more or less
like a people's rights thing."

"I think everyone should be able to speak that opinion at the ballot
box," Kurth said.

City Clerk Lisa Kunz and the Cascade County Elections Office were
contacted by the group regarding the petition. County Clerk and
Recorder Rina Fontana Moore said Simmons recently submitted
documents to the elections office.

Kurth questioned the manner in which the City Commission changed its
Land Development Code in the June 1 vote, which passed by a 3-2 tally.

"They didn't say anything about medical marijuana," Kurth said.

He said the ordinance suggested the city might end up spending local
money to enforce federal law.

"I don't think that that's right," he said.

In passing the ban, Commissioners said they hoped the 2011
Legislature will reform the state medical marijuana program to make
it more difficult to obtain marijuana patient cards.

Montana voters approved the state medical marijuana law in 2004 by a
margin of more than 2 to 1.

Kurth said he has at least one relative who is a licensed medical
marijuana caregiver but said he is not one himself. Kurth believes
medical marijuana should be a little more tightly regulated, but
added the city of Great Falls could benefit from fees levied on
medical marijuana businesses.

"I think it probably would be better for the city," Kurth said. The
group has not yet begun to collect signatures as Fontana Moore and
city and county attorneys consider wording on the petition and the
proposed ordinance.

Kurth said he understood City Attorney James Santoro had six weeks
to examine the language. Santoro is scheduled to be back in his
office about mid-week next week.

Once officials approve the ordinance's language, supporters could
begin collecting signatures to place the issue on the ballot.
Fontana Moore and Kunz said 15 percent of the city's registered
voters, or 5,335 people, would need to sign the petition to bring
the issue before voters.

Changing a city ordinance falls under a different state law than one
that governs statewide initiatives, so the deadline was not Friday,
but July 31.

Fontana Moore said she recommends that the group collect 10,000
signatures in order to ensure the issue qualifies. As many as half
of gathered signatures typically are thrown out because some
signatures do not match official records or the person signing does
not live in the affected area, she said.

Fontana Moore also said that placing the issue on the Nov. 2 ballot
could complicate ballot printing and increase costs for her office.

If the issue makes the November ballot, "I would think that somebody
needs to pick up that extra cost," she said.

Fontana Moore said no one in her office can remember a Great Falls
city ballot issue being prompted by a petition drive. Kunz said that
in January 2008 some citizens launched an effort to recall three
city commissioners by collecting signatures, but the proposal's
language was never approved and the effort fizzled.