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LibbyMt.com > News > March 2010 > Council considers medical marijuana sales ban


Kootenai Valley Record. Photo by Kootenai Valley Record.
Kootenai Valley Record
Council considers medical marijuana sales ban
by Brent Shrum, Kootenai Valley Record
March 25, 2010

Medical marijuana sales within Libby’s city limits may be illegal under a clause in the city’s business license ordinance that prohibits licensing of businesses that violate any state or federal laws, Mayor Doug Roll told the city council during a meeting last Monday night.

Roll said he and City Attorney Heather McDougall discovered the clause while looking into the city’s options for regulating medical marijuana providers. At a previous council meeting, Police Chief Jim Smith told the council he suspects some licensed providers of illegally selling marijuana to area youths.

While state law allows regulated sale of marijuana for medical purposes, marijuana sale and possession is still illegal under federal law.

"So I read that, and Heather concurred, that medical marijuana businesses will not be allowed in the city, because we can’t license them, and they are a business," Roll said.

Roll said he had discussed the issue with Smith and proposed giving medical marijuana providers a 60-day deadline to move their businesses out of the city.

"I liked 30 better," Smith said. "Thirty days and then I can start writing tickets."

Smith said he knows of three medical marijuana businesses within the city and "probably another eight or 10 out in the county."

Councilman D.C. Orr cautioned that medical marijuana providers are backed by an organization "that’s pretty well funded."

"Can we expect to get sued over this?" he asked.

Roll said McDougall told him there’s no state law that would prohibit the city from taking the proposed action.

"Does Heather agree that this is defensible," Councilman Bill Bischoff asked.

McDougall didn’t make any promises.

"There’s no case law out there," she said.

Other cities in Montana, including Kalispell, have also taken action to regulate medical marijuana providers. Kalispell amended its zoning ordinance to prohibit businesses that are in violation of state or federal laws, while Libby already has that clause on the books with its business license ordinance, Roll said.

"They had to add that," he said. "They had to change it."

The council took no action on the proposal at last week’s meeting but placed the matter under consideration
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Editor’s Note: See the March 23, 2010 edition of the Kootenai Valley Record for the printed version of this story. The Kootenai Valley Record publishes once a week, on Tuesdays, in Libby, Montana. They are a locally owned community newspaper, located at 403 Mineral Avenue in Libby. For in-county and out-of-county subscription information, call 406-293-2424, or e-mail kvrecord@gmail.com.


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