Pubdate: Fri, 01 Jul 2011
Source: Montana Standard (Butte, MT)
Copyright: 2011 Montana Standard
Contact:  http://www.mtstandard.com/
Details: http://www.mapinc.org/media/609
Authors: Nick Gevock and John Grant Emeigh, The Montana Standard

LOCAL GROWER HALTS DISPOSAL

Mark Gibbons had a Uhaul truck full of marijuana plants Thursday
evening when he learned that a judge had made an 11th hour ruling that
blocked enforcement of a new law barring commercial production of the
plant.

"I'm sitting here with the nippers in hand just ready to cut into the
first one," Gibbons said around 6 p.m. as he prepared to take the
plants to the Butte-Silver Bow Police Dept. "This changes
everything."

Gibbons had said earlier in the day that he intended to abide by the
new law. He had scheduled to bring in more than 200 plants to police
around 7 p.m.

Though Gibbons doesn't completely agree with the new regulations, he
said Thursday afternoon he wanted to play by the rules.

"I've never had trouble with the police. We were the first (medical
marijuana provider) to start and the last to finish," Gibbons said.

But late Thursday, District Judge James Reynolds in Helena issued a
preliminary injuction that blocked a law set to take effect at
midnight. The law passed by the Legislature this year would have
restricted providers to supplying marijuana to three patients and
barred them from taking anything of value for it.

Reynolds said the state hasn't banned any other industry from making a
profit from legal goods or services and it shouldn't do so with
medical marijuana.

For Gibbons, the decision saved several hundred plants. He said
several people he supplies with marijuana showed up just after 5 p.m.
and told him the news. They were coming to drop off excess plants but
can now keep them.

It was news to everyone, Gibbons said.

"I called the police to tell them we weren't coming and they didn't
know," he said. "They said 'Really? We'll have to go check.'"

Gibbons claims to be the first person in the state to get his license
to operate as a medical marijuana provider about three years ago. He
said he grew and delivered marijuana to about 300 regular patients.
Gibbons, who works as an EMT, said he didn't charge his patients, and
only took donations to continue his caregiver operation.

Glenn Erickson, owner of Gilligan's Tobacco Shop, 916 E. Front St.,
brought what was left of his marijuana supply to the police station
earlier Thursday morning. Erickson closed his medical marijuana
business about a month ago when the repeal of the current law became
inevitable.

Erickson said he too wanted to comply with the laws of the
land.

"We love America and we won't disrespect it," he said.

Gibbons planned to resume his operation, saying he would put the
plants back in his facility on Continental Drive. He said the real
losers had the law gone into effect would have been the people who
rely on marijuana to relieve pain and other symptoms.

One of those people, 52-year-old Ray Nava, said he felt incredibly
relieved. He broke vertebrae in his neck and uses marijuana to ease
the pain from the injury.

Nava said he wasn't going to give up marijuana regardless of what the
judge or lawmakers determined.

"I would have had to go back to getting it the way I used to," he
said. 
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MAP posted-by: Richard R Smith Jr.