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?