THREE TESTIFY FOR MEDICAL MARIJUANA

Three ailing Great Falls men testified in state District Court on
Wednesday that a City Commission action in June prevented them from
obtaining medical marijuana.

Two testified from wheelchairs, and the third man used a
cane.

The three sued the city of Great Falls this summer, contending the
city's action to ban medical marijuana businesses in the city limits
amounted to an outright ban on medical marijuana use in the city limits.

A private attorney for the city, Curt Drake of Helena, said the city
only intended to restrict marijuana businesses within the city limits
and not inhibit private individuals. Drake, who was hired by the
city's self-insurance organization, conceded that the testimony from
the trio was "heart-wrenching."

Craig E. Jackson, 35, suffers from ankle degeneration, or clubfoot. He
said he received his state medical marijuana card in late spring.
Jackson said he has tried to grow his own medical marijuana without
success, and has been unable to obtain another source for marijuana
since the commission approved its ban on marijuana businesses in city
limits. Jackson had used marijuana to reduce pain and help him sleep.

"I can't obtain my medication," Jackson said.

The second plaintiff, Algy Thain of Great Falls, said he suffers from
full-blown AIDS and tremors. He obtained a medical marijuana card
about a year ago.

"It increased my appetite" and reduced pain, Thain
said.

"Does it always hurt?" his attorney, Carl Jensen, asked.

"Ninety-nine percent of the time," Thain replied.

He added his caregiver has not been able to provide him with marijuana
since the ban, and his quality of life has "gone down considerably."
Thain said he is not physically able to grow the plant for his own
use.

The third plaintiff is David C. Sears, who has suffered from
full-blown AIDS and hepatitis C since 1983, after a medical technician
grabbed a contaminated item from a tray, he said.

Sears said he feels pain from "just raw nerve that's being exposed"
from his lower back to his toes.

Marijuana "didn't get rid of the pain, but it made the pain more
tolerable," Sears told District Judge Thomas McKittrick.

Sears told the court that his caregiver has been unable to provide him
with marijuana since June.

"The pain is so excruciating, I would not wish this on anybody," Sears
added.

Jensen asked for an injunction so the city "can't enforce its
ordinance. This conflicts obviously with the (state) Medical Marijuana
Act."

Jensen claimed the city's ban -- on any activities that conflict with
federal, state or local laws -- amounts to "a strict prohibition"
against medical marijuana.

He said a California Court of Appeals ruled the city of Anaheim could
not move against medical marijuana there by claiming marijuana use is
illegal under federal law.

The appeals court "said that clearly conflicts with state law," Jensen
said.

Drake said California's marijuana law differs from
Montana's.

"The city has looked at this very hard and in depth," Drake said.
"They felt it needed to be regulated (within city limits)."

Drake added that the city of Great Falls, under its charter, "is given
tremendous powers of self-government" to pass an ordinance "that is
not inconsistent with state law." He said communities can be "stricter
than state law," as Great Falls decided to be, but cannot be less strict.

Jensen said the Great Falls ban is both "outright" and
"illegal."

Drake said it "was not the city's intent" to interfere with
individuals' use of medical marijuana.

"This is a zoning ordinance," Drake said, noting that it is not a far
distance for any city resident to reach the city-county line, where
Jensen's clients might be able to obtain medical marijuana.

"What if there is an unintended consequence of the zoning?" McKittrick
asked.

Drake said Jackson, Thain and Sears could have sought variances from
the city. However, Jensen argued the ban is so broad that no variance
would have been granted.

"I'll take this under advisement," McKittrick said, adding he would
rule "as quickly as possible."

McKittrick is scheduled to hear another medical marijuana injunction
request this afternoon from Leon Tirums, a town of Cascade medical
marijuana provider who sued the Cascade Town Council. Tirums received
permits from the town for his business, but the town invalidated one
of those permits as it banned medical marijuana during the summer.

"They gave me 90 days to move my business," Tirums said Wednesday. "I
haven't hit the 90 days yet."

He said the last several months have been confusing, "especially for
patients."

The 2011 session of the Legislature will take up a series of bills to
revise the state's medical marijuana law. In enacting a ban, several
Great Falls city commissioners said they wanted legislators to improve
the law at the upcoming session, which begins in January.