JUDGE DENIES GRASSROOTS EFFORT TO STOP POT IN DEER LODGE

DEER LODGE - A district judge has denied a request from residents that
would have forced the city of Deer Lodge to stop a commercial medical
marijuana grow operation in town.

Judge Loren Tucker's ruling on Friday answers a lawsuit filed by 22
Deer Lodge people. They petitioned for a writ of mandamus requiring
the city to enforce its ordinances prohibiting medical marijuana
businesses from being located within1,000 feet of a church.

In his ruling, Judge Tucker acknowledged wide and deep divisions in
society's views about marijuana, but said the court has no authority
to determine what policy should be adopted or to make the rules.

"The court is required to apply the rules enacted by the legislative
and executive branches," he wrote.

The lawsuit contended Zoo Mountain Natural Care Inc. violates city
Ordinances 130 and 136, does not have a valid business license, did
not obtain appropriate building permits and violates the rule
prohibiting operation of a medical marijuana business within 1,000
feet of a church.

Tucker wrote that the general policy adopted April 9, 2010, by the
city through its ordinances is to restrict new marijuana businesses,
but not to disturb pre-existing enterprises. He wrote that policy
coincides with a long history of law which says: "It's not fair to
prohibit today that which was permissible yesterday without allowing
to continue that which was permissible yesterday."

Tucker agreed that the marijuana operation is located less than 1,000
feet from the Church of Jesus Christ of Latter-day Saints, but ruled
Zoo Mountain was engaged in permissible conduct before the prohibition
was put into place.

He noted the city did not require business licenses for the first six
months of 2010, and that Zoo Mountain obtained a license when the new
fiscal year began on July 1, although the business had been in
operation since March 23, 2010.

City regulations require building permits. Tucker ruled that the
pre-existing building was modified by moving garage doors, but nothing
was built on the lot. The city issued a building permit for
construction of a security fence at Zoo Montana on April 2 to KBC
Construction with Ken Beck-Gary Chilcott as property owners.

The complaint also contended Zoo Mountain owners operate a medical
marijuana plantation with more than six plants and more than one ounce
of harvested marijuana at any one time for their own use.

Tucker ruled the evidence was indefinite about the identity and number
of caregivers, how many patients are involved or how many plants are
in existence. He added there was no credible evidence that more plants
existed on the premises after the ordinances were enacted then beforehand.

He wrote that a provision exempting caregivers who possess no more
than six plants and one ounce of usable marijuana creates a large gap
in the ordinances. The business is "outright exempt from restrictions
of Ordinance 130 and 136 because applicants have not shown an
impermissible ratio of patients and marijuana," he wrote.

Mayor Mary Ann Fraley called the ruling "wonderful
news."

Sherm Anderson, spokesman for the applicants, said neither he nor
their attorney had yet seen the ruling and had no comment at this time.

Gary Chilcott, one of the owners of Zoo Montana, said: "The citizens
of Montana chose to have medical marijuana as an alternative medicine
but religious zealots have tried to stop it at all costs after they
lost the election. It is sad that all this money had to be spent by
the city and myself."