Marijuana collective might sue over moratorium

The executive director of a Bozeman-based medical marijuana collective has not ruled out suing the city of Whitefish over a moratorium on such businesses that was recently approved by the Whitefish City Council.

The Healing Center's Mike Smith told the Pilot on Monday he was withholding comment for now on advice of his attorney, but earlier this month he told the Missoula Independent he "plans to sue the city" over the zoning measure.

Smith said his nonprofit collective has an attorney in the Flathead who will contact Whitefish city attorney John Phelps about the matter.

"We're looking at all options," Smith said. "We want Whitefish to comply with state law."

The city council adopted an interim zoning ordinance on Dec. 7 that prohibits medical marijuana businesses in Whitefish and within one mile of the city limits while city staff figure out how to zone such businesses.

"I'm here for the patients," Smith said about suing the city.

The six-month moratorium does not apply to patients with six plants and one ounce of marijuana or to caregivers with no more than three patients.

But Smith says state law places no limit on the number of patients that a caregiver can provide medical marijuana.

He also said caregivers who provide medical marijuana to patients are not businesses and so not subject to zoning regulations. Caregivers can operate as a business if they choose, he said, but they also can be compensated for the cost of electricity, soil and their time growing marijuana without being considered a business.

"The law allows for reasonable compensation," he said.

Smith said a collective connected to The Healing Center will open in Kalispell after Jan. 1. The collective, which will also offer hemp food and lotions, will operate like a private club where the patients help each other.

Kevin Moore, the owner of the Ultimate Submissions Academy, in Kalispell, confirmed to the Pilot that he is working with The Healing Center on starting a medical marijuana collective in Kalispell after Jan. 1.

For more information, visit online at http://thehealingcentermt.com and http://legalmarijuanadispensary.com.