Marijuana

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Harbor “to ensure the victims are supported as much as possible.”

Isbell says his experience in domestic investigations has given him insights into what victims go through and notes that connecting people with community services “is a team effort.”

“Justice Court is not the endall, be-all, but have assurance there will be accountability,” he adds.

Larson notes that Family Member Partner Abuse “is the most difficult situation facing any judge.” The victim’s safety needs to come “first and foremost,” despite the limited protection that the courts and law enforcement can provide.

VJ: With recreational marijuana now legal in Lake County, do you anticipate an uptick in pot-related misdemeanors? Are there adequate laws to address those issues?

Isbell, who worked with several legislators to try to get stiffer laws on the books, anticipates seeing an increase in citations for public use of marijuana and DUIs. “I will follow the recommendations of our laws for these charges,” he says.

Larson calls the legalization of recreational marijuana “a two-sided sword for the courts.” On one hand, legalization is apt to create an increase in DUI citations. On the other, the glut of misdemeanor offenses for marijuana and paraphernalia possession should decrease significantly. “I anticipate it will lessen the burden on the court overall,” he says.

Schoening believes the state’s DUI statute should be adequate to cope with pot-related impairment. “I have great faith in our local law enforcement officers’ training and abilities,” he adds. “I feel Justice Court will have no problem with adjudicating DUIs involving intoxicating substances, whatever they may be.”

VJ: What aspect of the job seems most enjoyable to you?

Schoening anticipates educating people “who are summoned in front of my bench” by reviewing the complete statute before they make their plea. He also looks forward to working with the staff and promises “to do my best to make it a fun environment.”

For Larson, the daily successes that occur in court “keep the oxygen in the job.”

Isbell looks forward to bringing back community service requirements. “I want people to learn that working and being a productive community member is what brings a quality of life,” he says.

VJ: What specific qualities would you bring to the post?

Larson says he is “acutely aware of the demands of being your new JP” and believes he has “the necessary qualifications and experience to meet the expectations of the citizens of Lake County.”

Isbell says his law enforcement background helps him understand “what’s not only fair, but legal.” He also has extensive experience in search and seizure and knows how much Montanans value their right to privacy. His knowledge and experience in the executive branch of government and the private sector are also assets.

Schoening touts the experience and “common sense” accrued during a 35-year career in law enforcement. He has enforced all of the laws that Justice Court adjudicates, giving him “an excellent grasp on how the law should be applied.”

vj

Lake County to vote on marijuana tax

By M.S. Sacry For the Valley Journal

LAKE COUNTY — Recreational marijuana has been legal in Montana since January 1, and medical marijuana has been legal in the state since 2004, but neither are taxed locally in Lake County. That could change on election day.

Voters will decide whether to impose a 3% local tax on the sale of recreational and medicinal marijuana. Currently, the state has a 20% tax on recreational cannabis, and a 4% tax on the medicinal kind.

As of April, more than $98 million of marijuana had been sold so far in the state for 2022, generating more than $13.5 million in revenue for state government.

So far, four counties have opted to impose a local tax: Dawson, Missoula, Yellowstone, and Park Counties. The state has allowed all counties to impose an additional local 3% tax that will be apportioned with 50% going to the county, with 5% sent to the Montana Department of Revenue, and the remaining 45% split between cities and towns based on population size. Based on the population sizes of incorporated communities within Lake County, 64% of the remainder will be allocated for Polson, 25% will be allocated for Ronan, and 12% will be sent to St. Ignatius.

“The Commissioners have not had any discussions on how any tax revenue might be used. We have plenty of needs, but without knowing what voters will decide it seems premature to determine how we might spend it,” County Commissioner Gale Decker said.

Decker noted that the issue of taxing recreational marijuana and taxing medicinal marijuana will be presented separately on the ballot.

“As a voter I will support the taxation of recreational marijuana only,” Decker said. “Marijuana is an alternative medical treatment and I am not ready to support taxing its use due to what it might do in the future to other alternative medical treatments such as acupuncture.”

Decker also said there aren’t any projections on how much revenue the initiative might bring in.

But the state is keeping a running estimated tab of how much marijuana has been sold monthly. Through April, the state estimates that more than $1.8 million in recreational and medicinal marijuana has been sold in Lake County. Recreational sales have dwarfed medicinal sales. In April, for instance, there was an estimated $385,447.09 of recreational marijuana sold in Lake County. By contrast, the state estimates $88,874.98 of recreational marijuana was sold.

Polson City Manager Ed Meece told the City Commission in December 2021 that he would expect the revenue to hit the county’s coffers soon after the election if it is passed.

“I’m guessing that we start collections in August of 2022, about a month into the next fiscal year,” Meece told the commissioners.

During that initial approval by the commission, Commissioner Carolyn Pardini was critical of why it took so long to get the issue on the ballot, as other counties have already been collecting revenues for several months.

“If we had passed this in November, we would have been collecting revenue sooner,” Pardini said.

She said she supported the move, based on what she had seen in visiting Spokane, where recreational marijuana has been legal since 2012.

“I think over time this will be a significant dependable revenue stream for the county and the city,” Pardini said.

Interim wells plan passed

News from the Flathead Water Management Board

FLATHEAD RESERVATION — The Flathead Reservation Water Management Board took action April 29 to adopt a two-part interim process to apply for a new use of groundwater for an individual or shared domestic purpose. Before drilling a well or developing a spring, a water user must receive approval to develop a Domestic Allowance.

Commencing on June 1, applicants who have not constructed a groundwater well may apply to the Board for Authorization to Construct a Domestic Allowance for an individual or shared well.

Starting on July 1, applicants who constructed a groundwater well between Sept. 17, 2021 and June 1 may apply to the Board for authorization for an individual or shared domestic allowance. These applicants must file before Sept. 29 to get in compliance during this grace period.

The Flathead Reservation Water Management Board has finalized application forms, which are now available at the State DNRC Compact Implementation Program website and Tribal Water Right Offices and website.

Completed domestic allowance forms will be received at the Board’s P.O. Box (which will be listed on the forms) when the application periods open.

Recordings of meetings and notice of future Board meetings will be posted on DNRC Compact Implementation Program and CSKT Water Rights websites:

DNRC Compact Implementation Program – http:// dnrc.mt.gov/divisions/water/water-compact-implementation-program/confederated-salish-and-kootenai-tribes-compact

CSKT Water Rights – https://csktribes.org/index. php/water-rights/flathead-reservation-water-mgmt-board

Judge Manley retires from drug court

By Kristi Niemeyer For the Valley Journal

LAKE COUNTY — Judge Jim Manley’s next to last drug court was both raucous and poignant, a celebration and a farewell. It was also a testimonial to how the justice system, working in concert with a supportive community, can transform lives.

Supreme Court Justice Ingrid Gustafson – a former district judge in Yellowstone County who established one of the first adult treatment courts in the state – was on hand to watch the proceedings. She also presented Manley, who retires May 31 after nine years on the bench, with a plaque from the High Court, honoring his “great achievements, considerable hard work and dedication.”

Also on hand were the four candidates for his job – attorneys Ben Anciaux, Kathryn McEnery, Molly Owen and Alisha Rapkoch. Gov. Gianforte is expected to name his replacement this week.

Manley, who credits Gustafson with helping him launch the 20th Judicial District Drug Court, stressed to the would-be judges the importance of community support, as evidenced by the enthusiastic crowd in the courtroom May 19.

“The most important thing, the most effective thing is I watch people become part of a new community. I see people coming together and helping each other and wanting to look good in each other’s eyes,” he said.

During the past decade, he’s witnessed the local recovery community flourish from a handful of people to more than 300. “Now, it’s cool to be in recovery.”

According to Judge Gustafson, the same outcomes are visible across Montana, which is now home to 31 district drug courts and five tribal drug courts. It’s a movement often spearheaded by judges, who see people with substance abuse disorders again and again in their courtrooms.

“You really feel like you’re part of the problem because you’re churning people through the judicial system and not getting them the assistance they need to really turn their lives around.”

While drug court can be de-

KRISTI NIEMEYER Drug Court graduates Alex Finley and Patrick Matt flank retiring District Court Judge Jim Manley, while Supreme Court Justice Ingrid Gustafson looks on.

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Vacation Bible Day Camp

Bible Theme: “Boundless God Beyond Measure” Flathead Lutheran Bible Camp • June 20-24

All children entering grades 1–6 (Fall 2022) are welcome to attend. The cost is $75 per child and Camperships are available. Hurry and sign up now because space is limited! Join the Fun! Lots of activities: swimming, arts & crafts, games.

This Ecumenical program is sponsored by Good Shepherd Lutheran Church, Polson Presbyterian Church, and the Dayton Community Presbyterian Church. For information and forms, call any of the listed churches or contact VBDC Co-Chairs Marilyn Trosper (249-3938 leave a msg) or Carolyn Heinz (250-8731)