Pubdate: Wed, 28 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: Karl Puckett

CAREGIVER WANTS NEW ZONING LAWS

Cascade County shut down Joshua Schultz's medical marijuana business
in January because it was operating in a business zone and they are
only allowed in heavy industrial. In March, he lost an appeal before
the Zoning Board of Adjustment.

On Tuesday, Schultz was back, this time before county commissioners
and supported by several of his patients. He urged commissioners to
amend the county's zoning rules that bar caregivers from doing
business in a business district.

"Basically, caregivers are meeting in parking lots," Schultz told
commissioners.

Schultz could propose the change himself, commissioners told Schultz,
pointing him to Interim Planning Director Susan Conell, who was at the
meeting.

Conell explained that a section in the county's zoning regulations
allows residents to propose amendments but the county would need a
written request to start the process, she said.

After the meeting, Schultz said he planned to meet with Conell to
formally request an amendment allowing caregivers to operate in a
business zone.

Currently, the county only allows caregivers to operate in a heavy
industrial zone. Schultz argued heavy industrial is not the best place
for a caregiver business and goes against the stated purpose of the
zoning rules to promote health and safety.

Ron Leeson of Great Falls, one of Schultz's patients, urged
commissioners to act quickly. He said caregivers and patients could be
the targets of assaults in the remote areas where they are being
forced to operate now.

"It's a medicine," Leeson said. "I think people should take it more
seriously than they do."

Schultz said he's been forced to work out of his vehicle selling
marijuana on gravel roads and parking lots.

"It's basically impossible to do in the city, so now the problem lies
with the county," Schultz said. "I have patients in wheelchairs, amputees.

"This is not where they should be is on gravel roads," he
continued.

The city of Great Falls bans medical marijuana caregivers from
operating in the city limits.

Schultz told commissioners he's been frustrated by the lack of
available and affordable property for sale or lease in heavy
industrial, prompting him to propose the amendment.

If Schultz follows through with the formal request, it would be the
first time in Conell's four years in the planning office that she's
seen a resident-initiated zoning amendment.

It doesn't mean it will be approved. It still will need to be funneled
through the county's regulatory process that includes the Planning
Commission and commissioners.

Chairman Joe Briggs said the soonest a change could be made would be
90 days because of public hearing requirements.

Schultz said he's been a caregiver in Cascade County since last
October.

He was doing a business in a building on Stuckey Road, which is in a
business zone, before being forced to stop.

Schultz said he would support restrictions on medical marijuana
caregivers in business zones, such as keeping them 1,000 feet from
schools and churches and barring growing operations. Commissioner Bill
Salina had asked if Schultz wanted to grow marijuana in a business
zone, and he said no.
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