Pubdate: Tue, 05 Jul 2011
Source: Billings Gazette, The (MT)
Copyright: 2011 The Billings Gazette
Contact: http://billingsgazette.com/app/contact/?contact=letter
Website: http://www.billingsgazette.com/
Details: http://www.mapinc.org/media/515
Author: Ed Kemmick, The Gazette Staff

EMERGENCY MEDICAL MARIJUANA ORDINANCE ON AGENDA AGAIN

Billings City Council will have a special meeting Tuesday night to
consider, for the third time, adoption of an emergency ordinance
banning medical marijuana storefronts.

The special session will start at 5:30 p.m. on the second floor of
City Hall at 220 N. 27th St., followed by the council's regular work
session, which is usually reserved for discussion, not official
action. The meeting is on Tuesday because of the Monday holiday.

Council members postponed action on the emergency ordinance when they
met on June 13 and June 27, saying they wanted to wait until a Lewis
and Clark County judge had ruled in a case that challenged a law
passed earlier this year that would have severely restricted the use
and distribution of medical marijuana.

That ruling came down Thursday, when Judge Jim Reynolds struck down
several major provisions of the law.

One provision he left alone was Section 13 of the law, which said
local governments could prohibit storefront businesses that sold
marijuana or marijuana-infused products.

Like all emergency ordinances, this one would pass only if approved by
two-thirds of the entire council, meaning it would need eight yea
votes, no matter how many members are present. If passed, it would
become effective immediately and would remain in place for up to 90
days.

There was a public hearing on the ordinance when it was first
considered on June 13, so there will be no formal public hearing on
the ordinance Tuesday. However, Mayor Tom  Hanel, in consultation with
city officials, decided Friday to allow people to comment on the
proposed ordinance before the council begins its own
deliberations.

People will be limited to one minute each during that comment period.
The ordinance is the only item on the special session agenda. After
the council deals with the ordinance, people will be able to speak on
any subject that was not on the agenda, this time for up to three minutes.

After the special session, the council will reconvene for its regular
work session. Discussion items include the Exposition Drive bridge,
MET route and schedule changes, the Empire parking garage and the city
budget. Public comment will be taken on all those subjects.
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MAP posted-by: Richard R Smith Jr.