Libby City Council suspends business license for medical marijuana business
by Duane Williams, KLCB-KTNY Radio
December 8, 2010
The Libby City Council, in a 4 to 2 vote, has decided to suspend the Helping Center's city business license for 60 days.
The Helping Center will file for an injunction to halt the City's action.
The City is making a stand the Helping Center was less that upfront on their license application as to the type of business they intended to operate which is a medical marijuana dispensary. The city business license ordinance requires that businesses in the city limits comply with federal law. The City says the Helping Center is violating federal law by selling marijuana.
Helping Center principal and representative, Kevin Moore, said the business is in full compliance based on US Attorney General Elliott Holder saying the Obama Administration would not enforce the federal law in states where medical marijuana is legal, as in Montana. City Attorney, Heather McDougal, took the position the federal law is on the books, it has not been repealed and is enforceable, thus the Helping Center is in violation of the City ordinance, because they are in violation of an existing federal law. Non-enforcement does not make the activity legal.
There is a similar case in Helena. A decision in that case is eminent. Councilman D.C. Orr, one of the dissenting votes, wanted to await the outcome of that case before going headlong into a legal action that could cost the city taxpayers hundreds of thousands of dollars in legal costs should the City lose. Councilman Bill Bischoff said the suspension allows time for the Helena decision to come out.
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Story by Duane Williams, KLCB-KTNY Radio, www.todaysbestcountryonline.com, e-mail: klcb@frontiernet.net.
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