Montana Med law

[demasoni]

Is there any variation in strictness on mmj by county/town in Montana, any specific areas to stay away from? or is it all the same statewide?
living:
looking to move near or in the rockies
what are good areas to rent home/apartments? (will buy once things settle).
I've always enjoyed the outdoors and been drawn to Montana forever esp rockies...dying for it

 

[Olias]

At the moment, it's pretty even statewide. However, that's likely to quickly change. The status of MMJ caregivers is being debated, city by city. Some towns haven't addressed the issue yet. Columbia Falls just declared last week that they would take no special actions - the consider a caregiver business to be the same as any other business. Meanwhile, a few miles away the Kalispell city council is considering an outright ban on caregivers - or even MMJ entirely. They are reasoning that since the city receives federal money, that they shouldn't buck federal law by allowing them. Of course that has begged the question as to what right a city has to override state law. But that is also in the process of taking public comment with no decisions made. Nothing has come up yet in Helena that I'm aware of, but it will probably come up for consideration before long.

Most cities will probably end up with some zoning restrictions. Forbidding caregivers from locating close to schools, parks, etc. Or limiting them to business zones only, none in residential areas. But we'll just have to see how it all comes out. Many cities have been placing temporary moratoriums on caregivers until they can formulate policy and ordinances. Belgrade just announced a six-month moratorium today. There's been nothing at the county level regarding MMJ that I'm aware of.

Beyond MMJ, Missoula County voters passed a referendum that mandates law enforcement to make mj their lowest priority. However, the city of Missoula says that this is a county only referendum that doesn't apply to the city. MJ arrests are up in the city since the referendum passed. Although most arrests are intiated from other illegal behavior (speeding, DUI, etc).

There is one town.....I think it was Laurel - where the police want the DPHHS to release the list of registered patients to them. I believe that would be a violation of the MMJ law, and DPHHS has shown no inclination to give them the list.

It will be a fairly major issue in Legislature next year. The current law is expected to be amended. Last year's legislature had....I think it was 8 bills presented concerning MJ. Some good some bad. None passed. A couple good ones hit tie votes in committee, so didn't go any farther.

All that being said.....there are some towns less tolerant than others. The larger cities, generally speaking, are more tolerant IMO. And Montanans in general are pretty respectful of individual rights and privacy.

As for good areas to rent in general, it really depends on what you're looking for, and what you can afford. Bozeman is an expensive place to live - also a beautiful place to live. Housing prices are pretty high there. But then, compared to some places out of state it won't be too bad. Great Falls is probably less expensive compared to other Montana cities. It's a military town, with the air force base, the economy is pretty tied to the base. Missoula, like Bozeman, is a typical college town sitting in a valley in the mountains. Kalispell is set in the midst of some of the most beautiful places I've seen. Flathead lake and Swan Valley to the south, Glacier National Park an hour away. Billings is the largest city. Don't know much of any MMJ news from eastern Montana out in the plains.

 

[miltonchitlin]

Thanks for a good look into Montana.

 

[Olias]

No problem, I try to keep up on what's going on 'round Montana as best as my time allows. *chuckles*

 

[demasoni]

good info so far olias, could you give more detail on threatening proposals? have you heard anything like:
1. making illegal to grow your own/can only obtain legally from dispensary, & OR "caregivers" must be in a business facility,business license, commercial zoned etc.
2. stricter requirements to obtain MMJ recommendation/card such as
"REQUIRED LONG STANDING DR./PATIENT RELATIONSHIP IN ORDER TO RECOMMEND MMJ (min 1 year ex.)" or "MUST BE MONTANA BORN OR CITIZEN 1 year min" type of crap
3. grower must own, may not grow in rental homes/apt (assuming now its the owners/lessors individual option?)
4. No personal grow in residential zone , commercial or special zone only
^any of that BS on the horizon, if so, how far along in the process??

Kalispell city council is considering an outright ban on caregivers - or even MMJ entirely.

Hopefully that garbage would remain isolated or is Kalispell a leader in change and influential? shame if that passes.

As for military towns/cities how is the social atmosphere? It doesn't really bother me, I'd rather see more soldiers marines w/e than police patrol that have jurisdiction and authority. Does military installations presence have influence or on MMJ restriction/presence in the same town/county? (specifically at individual level not just dispensaries) ??

 

[daves4usc]

Damn i wanna move to Montana

 

[OrganicMonkey]

You know that the Military doesn't want easier access to drugs and you know that an apartment owner doesn't have to give the right for the production of personal medical cannabis. It's obviously difficult to find a caregiver and not be taken advantage of while having creative control.

Truth is a lot of disabilities that cannabis helps relieve, still isn't blessed in cannabis largely from federal studies. It would also be nice if rent went down, it's never cheap out west. I'd move to Montana if there was cheaper rent, property in general and some other disabilities under the MMJ protection. I think some restrictions being lessened regarding growing in an apartment when it's not risking damage. Plus the idea of how many plants, that is difficult since it restricts creative options. Easier to restrict how much surplus is being developed, that is what they are concerned about.

 

[Olias]

Yeah, this is the fourth time I've lived in Montana. Keeps bringing me back. Expect I'll be here awhile this time. Though the pay in MT is low.

good info so far olias, could you give more detail on threatening proposals? have you heard anything like:
1. making illegal to grow your own/can only obtain legally from dispensary,

No, that wouldn't work with the way the MMJ law is worded. Even the Kalispell threatened ban wouldn't apply to a patients own grow. I don't see any interest in changing the patient/caregiver relationship that is currently established in the law. Mainly legislative interest is in managing caregivers, making things 'easier' for the cops, defining 'grey areas' in the law (such as the status of hash and edibles), stronger language for MMJ DUI's - though the law already says you can't drive, and adjusting the amount of plants and materials allowed.

& OR "caregivers" must be in a business facility,business license, commercial zoned etc.

Yes, zoning and licensing for caregivers is starting to be established. Limiting caregivers to locations like bars and casinos are is likely. Some caregivers work out of their homes, and most cities have home business licenses. But too much traffic will get the neighbors upset with you - then it's time to look for a place to grow. There are caregiver grower friendly rental spaces around. Caregivers are trying to find ways to work together with the city councils to establish some fair policies.

2. stricter requirements to obtain MMJ recommendation/card such as
"REQUIRED LONG STANDING DR./PATIENT RELATIONSHIP IN ORDER TO RECOMMEND MMJ (min 1 year ex.)" or "MUST BE MONTANA BORN OR CITIZEN 1 year min" type of crap

No, I don't see any changes along those lines coming up. Currently you do need to provide your Montana driver's license when registering. The MMJ law recognizes other MMJ state laws. So if you have a card from another MMJ state, it's reciprocal here. The law currently says you must have a 'Bono Fide' Dr./Patient relationship, so the doctor is expected to be familar with your medical history. There are clinics, just have to bring your med records with you.

The law also provides for an 'affirmative defense' for MMJ. Hasn't been tested in court yet, but probably will be eventually. The idea being that even though you don't have your card, if you can show proof of a qualifying condition and/or dr. recommendation you should be good. But you'll be taken through the courts to prove it.

3. grower must own, may not grow in rental homes/apt (assuming now its the owners/lessors individual option?)

Right, the law currently says nothing on this, and I doubt that would change. Nothing on the horizon about that.

4. No personal grow in residential zone , commercial or special zone only
^any of that BS on the horizon, if so, how far along in the process??

For personal grows, there shouldn't be any restrictions enacted. The only real focus is on the caregivers at the moment. For caregivers, there is lots of talk of zoning. A MMJ zoning ordinance just went into effect in Bozeman. Mainly to restrict from near schools, etc.

Though, whether or not a personal MMJ grow within a drug-free school zone is legal or not, no one is sure. The law doesn't speak to that.

A MMJ patient is allowed 6 plants and 1 oz 'usable material', and may designate one caregiver as part of your registration, who is then also allowed 6 plants and 1 oz 'usable material' for the patient. (So, you could designate your spouse as your caregiver, and together you are allowed 12 plants and 2 oz.) A patient can only have one caregiver, but a caregiver has no limit on patients. So there is an increase in caregiver competition. And the sudden growth in large caregivers has gotten the city governments' attention.

There's some debate on the definition of 'usable material'. State Drug Task Force says that Hash doesn't count and they have two cases pending in the courts. I tend to think the courts will favor the law rather than the cops.

Kalispell city council is considering an outright ban on caregivers - or even MMJ entirely.
Hopefully that garbage would remain isolated or is Kalispell a leader in change and influential? shame if that passes.

Most cities are just trying to get a grip on how to handle this new industry. They've ignored it for six years and now that it's taking off, they need to figure it out. The more the city governments and the caregivers work together, the smoother it will go. Kalispell is just being on the extreme side.

As for military towns/cities how is the social atmosphere? It doesn't really bother me, I'd rather see more soldiers marines w/e than police patrol that have jurisdiction and authority. Does military installations presence have influence or on MMJ restriction/presence in the same town/county? (specifically at individual level not just dispensaries) ??

No, shouldn't be much effect on the city really as for as MMJ is concerned. There is definitely a long existing black market serving the airmen when they are off base. Different Montana cities have their own social mix. Great Falls caters to the air base, it's why they're the 2nd largest city in the state. A good mix of ranchers, farmers, Native Americans there.

 

[JLM7291]

Wow Olias you just pretty much summed up all the info I've been looking for on Montana MMJ.

As a new caregiver, do you think it would be wise for me start in Montana if I plan on starting in september, or should I try one of the newer states like Michigan?

 

[Olias]

Sorry I didn't see your post sooner.

I'm not familiar with the Michigan MMJ law, so I can't really compare. The MMJ industry is taking off in Montana right now, and the associated backlash is out there. The legislature meets every other year here, so it's expect that next year there will be alot of legislative proposals to further define/redefine the law. Might be worth considering that getting in the industry before the legislature starts making changes could be a good thing. In some cities where they are establishing zoning and all, existing businesses tend to get grandfathered in once an ordinance is established.

Some caregivers are trying to get organized to work together. Set some standard codes of conduct for caregivers, provided a more unified front and common positions in relation to new regulations, raising money for lobbying, getting specific spokespeople to represent them at meetings/hearings.

And now there is the new private Lab in Bozeman that will be testing MMJ from various caregivers to better quantify the potencies of the various strains.

Just keep in mind that in Montana, you aren't a caregiver until a patient designates you as one. Then you can only have the six plants and one ounce for each patient that has designated you as a caregiver. The state sends a card to the patient and to the patient's designated caregiver. The Drug Task Force in Missoula has already been visiting caregivers operations to make sure they are in compliance. There's a good article about that on the Montana Norml site.

 

[JLM7291]

Thanks alot man you've really helped me out with this. I have just one more thing I've been wondering about. And this goes for most of the MMJ states.

So you can grow up to 6 plants per patient yet you can only have 1 oz per patient. What I've been wondering is obviously 6 plants will yield more than 1 oz. Are you allowed more than the 1 oz limit for a certain amount of time after each harvest? Or can I always only have 1 oz per patient on me.
I mean how strict are they on that part. If they were to inspect my operation and see 6 big, healthy plants, then mysteriously only find 1 oz of harvested bud in my house would they be suspicious.

If so I guess I'd work with a SOG set up.

 

[morbidangel]

if you do up the care giver here in montana please do it the right way, remember you are there to help people, dont price gouge, there are some assholes here that try to charge patents 500 + per oz. get you're madical before you become a caregiver so you can leagly have something to offer you're patents. many people that jumped the gun and became a caregiver here have nothing close to ready some dont even have anything going yet. thanks to all the straight and forward peole around here doing it to help not only make $$$