Pubdate: Tue, 27 Jul 2010
Source: Great Falls Tribune (MT)
Copyright: 2010 Great Falls Tribune
Contact: http://www.greatfallstribune.com/customerservice/contactus.html
Website: http://www.greatfallstribune.com/
Details: http://www.mapinc.org/media/2502
Author: Richard Ecke

CAREGIVER FRUSTRATED BY ZONING DENIALS IN CASCADE COUNTY

A Great Falls-area medical marijuana caregiver who lives in Helena
said he's frustrated by an inability to set up a cannabis business in
Cascade County outside the city limits of Great Falls.

In an interview last week, Joshua Shultz said he is mired in limbo,
and for now he and his patients are stuck meeting outside of town.

"I can't do as good of a job as a caregiver out of my car," Schultz
said. "The county said it's OK to do it in your car. That's where it's
not helpful for me and the patient. It's kind of like a drug deal.
This is not the way it's supposed to be."

Schultz added, "I know other caregivers who have stopped doing this
altogether."

In response, Cascade County civil lawyers said they have nothing
against Schultz, but reported he has not yet followed all the steps he
needs to take to open his business.

"You can set up a medical marijuana business in heavy industrial,"
Deputy County Attorney Brian Hopkins pointed out.

Late last year, Schultz set up a medical marijuana business on Stuckey
Road, outside the city limits near the Vaughn Road.

Schultz said he notified the Sheriff's Office of his whereabouts, and
in January was given a cease-and-desist order by Cascade County.

"He wasn't a permitted use in that area," Hopkins said.

Zoning covering Stuckey Road did not specifically mention medical
marijuana as a permissible use. Hopkins explained that the county's
one zone that allowed any legal use in it was the heavy industrial
category. So county officials told Schultz and others they could try
to locate in heavy industrial zones in the county.

That's what Schultz and a few other providers have been trying to do
since, unsuccessfully so far.

Another deputy county attorney, Carey Ann Shannon, has dealt with
Schultz more recently, as the Helena man tried to put together a lease
arrangement in the Black Eagle area with property owner Mike Gregoire.

"I don't think it's a matter of turning him down," Shannon said. "We
certainly didn't say, 'No, you can't.'"

She added each zoning area has rules that need to be
followed.

"Not everything fits in every zoning class," she said. "I've heard
comments from them that they're having a hard time finding locations."

Schultz said it appeared he and a partner were close to sealing a deal
with Gregoire for a medical marijuana business lease near Black Eagle,
but his partner backed out, concerned about action by the Great Falls
City Commission and a possible recall of the state's medical marijuana
statute.

Schultz said he then tried to get permission from Cascade County to
set up a temporary trailer in a heavy industrial zone and use a
portable bathroom. The City-County Health Department said no to the
portable potty idea.

One business is approved on the Black Eagle-area industrial property
for the size of its septic system's drain field, with a maximum of
eight people on the system. Adding a second business would require
more capacity, Shannon said.

Plus, Schultz would need to show a construction trailer met certain
standards as a business structure, she said.

Finally, a second business on the property at some point would require
a location conformance permit, she said.

"Like any business, there's hurdles to meet," Shannon
said.

Shannon added she senses the frustration of Schultz.

Cascade County came into sharper focus after the Great Falls City
Commission June 1 voted 3-2 to ban all medical marijuana businesses
within the city limits. Commissioners said they want the 2011
Legislature to reform the state's medical marijuana program, which
Montana voters authorized in 2004.

A backlash against the marijuana program took place during the last
year, leading to bans on cannabis businesses in Great Falls and
Kalispell, a moratorium on new marijuana shops in Billings, and heated
debates in the rest of the state over using marijuana as medicine.

Schultz said the location at Stuckey Road for Natural Medicine of
Great Falls was private, and there were no signs.

"You have a place to sit down," he said. "I've got patients in
wheelchairs."

Schultz said he is mulling over his options, but he doubts waiting for
the Legislature to act will work.

"I don't know if I'm going to be able to stay in business that long,"
he said. "I've tried to jump through all their hoops, and that just
hasn't been enough." 
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MAP posted-by: Richard Lake