We’ve recently heard from a caregiver who was purchasing their business license in Missoula that during the administrative process, they were informed that they’d be getting a call from the police to arrange an inspection of the garden.
I called the city business licensing department to inquire whether this was true, and if so, what ordinance or statute authorized such inspections.
The young woman with whom I spoke partially confirmed the story, saying that the police department “would like to have that information” (garden locations), for “safety reasons.” I paused, daring her to elaborate.
“Like, in case of theft, and to make sure there’s nobody hanging around who shouldn’t be,” she said.
She then referred me to the Missoula Police Department. She explained that all caregiver business licenses are run past the police department so that they can check with DPHHS and make sure the applicant is actually a registered caregiver.
A couple of days ago, I called and left a message for Lt. Steve Brester, who handles the background checks. In the message, I asked whether the police were requesting or requiring garden locations. He has not returned my call so far.
I’m of two minds on this topic. On the one hand, there’s no statute I’m aware of that singles out medical marijuana garden businesses for additional inspection, and so the police really have no legal right to inspect without a search warrant.
On the other hand, the medical marijuana community should be trying to stay on as friendly terms as possible with law enforcement, as a good faith, good neighbor, good community member measure.
The 2011 legislature will almost surely see attempts to expand and restrict (or worse, repeal) Montana’s medical marijuana law. Ideally, 2010 will be spent building bridges, not stockpiling ammo (metaphorically speaking).
Legal marijuana gardeners, what do you think? Cooperate, or demand a search warrant?
I can understand the rationale behind inspecting business operations, but inspections should not be conducted by the *police*. Do police conduct restaurant kitchen inspections? Building safety inspections? If Missoula would like to require inspections, this should be made explicit and we should elect or appoint an inspector. There should be very clear, open guidelines as to what the inspector is looking for and how people can pass inspections.
It’s especially hard for caregivers to feel comfortable letting the police into homes and businesses when the marijuana community has been persecuted for so long. If inspections must occur (and the idea seems reasonable to me), let’s pick a neutral liaison that everyone is more comfortable with, and clearly state the purpose of such inspections.
Yeah What penny said!!!
I think its none of the cops business.just another way to control us !!! their Cops not inspectors.
If these inspections were of good natural to help serve and protect the people, then yes comply fully with this, but as we all know very well their might be some sort of hidden meaning behind this. Such as profiling caregiver, and giving them special attention, I am all for cooperating with law enforcement if they are willing to grant us the same respect we have them. I agree with penny, this should not be a LEO thing and more or less a building inspector, LEO’s know nothing of building safety.
Marijuana gardens are a little different than restaurants — violating restaurant safety regulations is not a criminal felony punishable by decades in prison (and subjecting cash and property to civil forfeiture).
As long as law enforcement has direct financial incentives to make marijuana busts, this will continue.
Moving beyond this medical marijuana system and regulating marijuana more like alcohol is the only solution I can see.
I think that by going through the city business license process the caregiver is being as upfront and open as they need to be. If an inspection were deemed necessary the it should be done by the health department not law enforcement
i believe we need to talk to a lawer to make sure things are on the up and up. if so a compliance would be a good bet so the dont believe your hiding anything. best hiding place is the most obvious
john – Well now, that depends on exactly HOW you violate restaurant safety regulations. Cocaine smuggled in milk jug deliveries??? Chopped up bodies in the foie gras? The possibilities are endless!
YOU EARN RESPECT WITH RESPECT! If you are going to treat the cops like a bunch of over curious law ignoring yahoos you get what you deserve. If you are doing nothing wrong whats the problem? REALLY? We are LUCKY to be able to do this legally. Dont be the idiot trying to prove that he can light up in front of the cops! Its kinda spoiled american thinking to only want the cops there when YOU need help! I dont want them coming to get the bad guys and accidentally shoot me! CMON people!
PLEASE REMOVE THIS POST!!!!!!
THERE ARE NO INSPECTIONS!!!!!
THAT IS A FALSE RUMOR!!!!!!
YOU DO NOT HAVE TO HAVE A CITY BIZ LIC!
YOUR STATE ISSUED CAREGIVER CARD IS YOUR LIC!
WE ARE OPEN IN 7 CITIES NOW INCLUDING MISSOULA AND KALISPELL!
KALISPELL CITY AND COUNTY GOVERNMENT SAID CLEARLY THERE IS NO NEED TO GET LIC FROM THEM.
Well you may not need a Kalispell business license, but I’m guessing Missoula may be a little more strict. You’re welcome to open without one, but when they finally do crack down don’t be surprised when you’re shut down. You have to realize the people against marijuana will do everything they can to control and limit it.
Non Profits needs no license.
Our Non profit status is our license.
Montana has given, (The Healing Center Montana) That designation.
We are 100% within the legal limits of Montana law.
So what exactly IS a non profit. Does that mean these people still have regular jobs? How does a person selling medical marijuana for over 200 dollars an ounce call that non profit? That is street price! HMMMMMMMM! Im confused!
A nonprofit does not mean they make no money. They can make a lot of money.
Nonprofits are allowed sell at a profit per unit. They can pay decent (or even large) salaries to employees too.
Simplified, the only thing nonprofit corporations cannot do which for-profit corporations can do is distribute profits to the owners.
The medical marijuana law allows individual caregivers (since you don’t designate the nonprofit as a caregiver, you designate individuals) to charge “reasonable compensation” — what that is, well, nobody knows.
I wish I lived in a free country where I could persue happyness. I wish I lived in a county where people would mind their own damned business. I wish that those who don’t know a damned thing about cannabis would keep their mouth shut and open their minds and learn the facts and not keep regurgitating erronious information. I have seen cannabis help a lot of people who are suffering. I have never seen it hurt anyone and I am over 60 years old. My current doctor seems to be trying to kill me since he found out I advocate Medical Marijuana. He is making it very hard for me to get prescriptions that actually help my ailments and I am not talking about ANY pain meds. I need a new doctor who knows how to help people and actually cares about his patients. I need a doctor who takes his medical oath seriously, starting with “first, do no harm”. I am sickened by the way my country is headed. I am not a democrat or republican. I am an individual. I don’t want to live in a police state but it sure looks like our country is heading in that direction very quickly. I have lived in other countries and can testify that most other countries have much more freedom than we have in the United States and that people in them are much happier and healthier than Americans. I hope our country will change for the better but with what I see and the level of stupidity and ignorance gaining ground, I don’t have a lot of hope for it. I pray seriously to God that He will help our sick country.
The investigation should be done by one of the health departments, not the police department instead!