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Among the issues on the ballot in November are two initiatives dealing with the recreational use of marijuana. Initiative 190 would legalize the possession and use of limited amounts of marijuana for those over 21 years old. Initiative 118 would amend the Montana Constitution to establish the legal age for purchasing, consuming or possessing marijuana, as the law did when it established the minimum age limit for alcohol.
The proposed new law might have an impact on medical marijuana providers in the state, including the four providers in Sanders County, particularly a possible large sales tax increase. "I will be voting no on both. I am strongly opposed to the ridiculous tax rate of 20%," said Sandi Lane, who has Lanes, a medical marijuana provider business with her husband, Ron, in Plains. She believes the high tax is the primary reason for the initiative and wonders if people will vote in favor of the initiative only because it could bring more money into the state. Presently, medical marijuana providers pay only a 4% tax.
Sandi and Ron have been licensed for 12 years, starting with just one patient. Today, they serve 20 people in Plains and Thompson Falls and one regular customer in Polson. Lanes is one of two medical marijuana providers in Plains. The other is Mommaz Enterprises Inc., which also has marijuana provider businesses in Cut Bank and Kalispell, where the main store is located.
Sandi and Ron grow their own cannabis plants at their residence and routinely have about 50 plants on hand in all three stages. The couple's time working on the plants varies from day to day. Sandi said there are days when she works only a couple hours, but at harvest and rotation time, they each might spend two days straight. She said that her husband works in the rooms seven days a week. She must also maintain meticulous records, and everything goes into the computer and is inspected by the state. The Lanes utilize three rooms for their business, including 250 square feet for the plant canopy. The two rooms with plants are climate controlled with the proper lighting. They have different light schedules, depending on the stage of growth. It takes four to five months to grow a plant to the point that it can be ready for harvest, said Sandi, who added that they are careful to keep their product clear of mold, dust particles, mites and other bugs, and pay the mandatory $500 for a test with a certified lab each month.
Rene Tyree, owner of Mommaz Enterprises Inc., is not happy with the possibility of a high tax rate, which she said could be a problem for smaller business owners, especially with all the regulations and tests each owner must go through now. According to the Montana Secretary of State Elections Administrator in Helena, the 20% tax would be divided, with 10.5% going to the state's general fund and the rest going to conservation programs, substance abuse treatment, veteran services, healthcare costs and localities where marijuana is sold. However, the proposed 20% tax plan might not include medical marijuana providers, and it's possible they would continue to pay a lower tax, which is what Tyree hopes.
Sandi said she's not very concerned about their business because they are small and focus on home delivery service, mostly to the elderly and disabled. "We are a mom-and-pop business that takes pride in every plant we grow, hand trimmed with attention to detail," said Sandi. She and Tyree were both pleased when the state government in June "untethered" providers so that medical marijuana cardholders were not restricted to use just one provider.
Tyree said that presently she's undecided which way she'll vote on I-190 on Nov. 3, although she's leaning in favor of it. However, she's definitely voting yes on I-118, which sets the minimum age of 21. Tyree started in the business in 2009 and now has a dozen employees on the payroll. She started in Kalispell before opening shops in Cut Bank and in Plains three years ago.
It is a business for Tyree, but she got into the medical marijuana provider field initially because of the benefits the plant has on users. "I believe in the medical benefits of cannabis very strongly. History proves the medical benefits," said Tyree. "The plant speaks for itself," added Tyree, who said the passing of I-190 might open up the retail portion for her and other medical marijuana providers. She said she loves what she does and finds it "very rewarding." She said she has seen the difference it has made in her customers.
Ryan Deprez, owner of Alternative Medicine, a medical marijuana business in Heron, isn't sure how the initiative will impact the provider business, but he plans to vote in favor of I-190, thinking that it might give him the opportunity to expand his business. However, Deprez, a provider for 11 years with 20-30 customers annually, is also concerned with any tax increase.
Conor Reishus, owner of A+ Medicinal Dispensary, with shops in Noxon and Trout Creek, is voting no on both initiatives. Like the other providers, he is unhappy about the tax hike, especially after paying $9,000 for licensing fees and some $10,000 annually for testing expenses mandated by the government. "They keep trying to model us after Colorado and we're not Colorado. The Montana population isn't that rich and the medical patients are going to suffer for it," said Reishus, who's been a licensed provider for five years, produces his own plants and has over 100 customers a year. He believes that if Initiative 190 passes, the price of marijuana will go up, and if it does pass, he might consider getting a recreational license as well.
Sandi Lane doesn't know how the passing of the initiatives would affect medical marijuana providers. "Any provider that has been doing this for any length of time knows this business is always changing. We have had to shut down twice over the years and restart because of the changing state laws. So, as always, our futures are all uncertain," she said, adding that the price for cannabis has increased in states where it is legal, which she blames on unfair taxation. "And the quality of the product has gone down overall from conversations I have had with people that have been to those states and purchased legal cannabis," she said.
But for the Lanes, regardless of the outcome, they plan to remain only with the medical provider side and wants to continue to help their patients. "I will always advocate for the medical marijuana program," said Lane. "I have seen people get better and be more mobile," said Sandi. She also seen those with a terminal illness eased from their pain. "My husband and I are so grateful to help others through the medical program," she said. "We just want to really dial in and help the medical marijuana patients."
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