Even though Montana voters approved an Intiative in 2004 making the drug legal for qualifying patients, Mark Higgins is still in violation of federal laws. However federal officials have generally taken the stance of leaving the issue up to states.

Mark Higgins is a medical marijuana user. And his user card allows him to have 6 plants and 1 ounce of dried marijuana on hand at all times. And since he's also a provider, he can also have that much for each patient he serves.

"Hearing stories of patients makes me sad, it brings tears to my eyes. They're living lives of misery and they're hanging on the hope that their doctor will prescribe something that will give them relief."

There are already providers in Billings, but so far they only operate out of their homes. Higgins would have the first business and store. "I think it's time to have that discussion," says property owner Dennis Pitman.

Pitman was unsure at first about renting the space to Higgins, but he's done his research and is currently drawing up a lease. Pitman says he's not too concerned about anything illegal going on in the location, since the store is in a very visible spot.

"Being on Main Street keeps it in the public view, we can keep close tabs on it." Higgins however is concerned about security issues and the reaction he will get from the community.

"I am concerned about what the community is going to think but I feel strongly enough about medical marijuana that I'm willing to stick my neck out." Higgins says it's worth it to bring the medical marijuana business out of the shadows and into a store front, so legal users aren't made to feel like criminals looking for their next high.