Pubdate: Wed, 09 Mar 2011 Source: Montana Standard (Butte, MT) Copyright: 2011 Montana Standard Contact: http://www.mtstandard.com/ Details: http://www.mapinc.org/media/609 Author: Justin Post, The Montana Standard POT SHOP RAISING CONCERNS Tawnya LaFond admits her medical marijuana office can't help but attract attention. The Patch, 672 S. Montana St., opened its doors Monday in a home spray painted nearly a year ago by local teens with permission from the property owner. The "art" drew attention from local planning officials and city leaders last April, but this time it's LaFond's caregiver operation that is under review. LaFond contends she doesn't need a business license to sell medical marijuana at 672 S. Montana St., which is located in a residential area. That's because local laws don't specifically address medical marijuana caregivers and LaFond says the state Legislature hasn't clarified where those operations may locate. According to the state's medical marijuana laws, LaFond says she could operate from her home. But instead she says she chose the South Montana Street location because it's not located next to a school. She also pointed to a number of businesses operating nearby. But Butte-Silver Bow planners contend LaFond's business doesn't appear to be in compliance with city-county laws. Lori Casey, senior city-county planner, said that although local laws don't specifically address medical marijuana, all businesses must have a business license. And businesses are required to operate in commercial zones, unless they receive a variance from the zoning board of adjustment, she said. A medical marijuana caregiver last year applied for a variance to operate in a residential area, but the zoning board denied the request. A medical marijuana cardholder is not required to purchase any license from the city-county for personal use, but caregivers selling a product and operating as a business must comply with zoning laws, Casey said. Casey said she has contacted county Attorney Eileen Joyce about the issue and that a review into LaFond's business is underway. While Montana Street is zoned for commercial use both north and south of LaFond's business, the Patch is located in a residentially zoned area and is operating without a business license, Casey said. A review of city-county records shows that LaFond previously received a 2010 business license to operate as a medical marijuana caregiver on Fat Jack Road, but that license was revoked. She received a second business license to operate as a caregiver on North Arizona Street, but that license isn't transferable to another location. LaFond said she discontinued operating on North Arizona, and the license is void. She says she looked for other property to rent, but questions whether there are limited opportunities for caregivers because of a negative stigma linked to medical marijuana. LaFond says she would apply for a zoning variance to continue operating from 672 S. Montana if city officials adopt regulations for caregivers in the future. "I want to fight tooth and nail for a variance because I don't want to move again," she said. The Patch is open from 11 a.m. to 6 p.m. Monday through Saturday. Casey, however, says businesses normally request a variance before opening for business and that Lafond may be operating in violation of zoning laws. "It's being reviewed," Casey said. Of the 35 medical marijuana caregivers to apply for a business license in 2010 in Butte-Silver Bow, 19 have renewed a business license for 2011. One new caregiver has applied for a business license so far this year. - --- MAP posted-by: Richard R Smith Jr.