Pubdate: Thu, 07 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 Cited: Billings city emergency medical marijuana ordinance: http://mapinc.org/url/xoOstYrG Bookmark: http://mapinc.org/topic/Dispensaries COUNCIL ASSERTS AUTHORITY OVER MARIJUANA SHOPS Relying on a state law that took effect Friday, the Billings City Council voted Tuesday to close all medical marijuana stores within the city limits. Last summer, the council imposed a moratorium on new medical marijuana businesses, but those already operating within the city limits were not shut down. The latest emergency ordinance, approved by a two-thirds majority of the council, could end the practice that fired up community opposition to medical marijuana more than a year ago. Many, if not most, Billings folks don't want a medical marijuana shop within a block of their church or on the route that children walk to school. When Montana voters approved legalizing the use of marijuana upon physician recommendation for specific medical purposes, they didn't expect a pot shop on every street in the city. The City Council's vote for the storefront prohibition reflects that concern. A year ago, the council acted to prevent the dozens of city-licensed medical marijuana businesses from becoming dozens more. The council wisely waited to see what action the 2011 Legislature would take on the increasingly controversial voter-approved state law. The Gazette called on the Legislature to provide clear authority for local government to regulate the location of medical marijuana businesses. Previously, Billings and other Montana cities were relying on their authority through zoning and business licensing ordinances. The Legislature provided that authority in one paragraph of the 35-page bill that became law without Gov. Brian Schweitzer's signature. On June 30, District Judge James Reynolds of Helena temporarily stopped the state from enforcing several provisions of the new medical marijuana law. However, the judge's order didn't affect the section pertaining to local government authority to "adopt an ordinance or resolution prohibiting providers and marijuana-infused products providers from operating as storefront businesses." So that's what eight City Council members did Tuesday night. The action was taken after being postponed at two previous council meetings pending Reynolds' ruling. The council acted after hearing from medical marijuana opponents and proponents. Councilman Vince Ruegamer reckoned the council had heard 40 hours of testimony on medical marijuana. The emergency ordinance took effect immediately and will be in effect for only 90 days. So the council will deal again with this issue. Medical marijuana providers were already in a quandary and some had said they planned to close because the new state law was written to effectively put them out of business. However, Reynolds enjoined the state from enforcing some of the provisions aimed at shutting down the industry. We expect that some Billings medical marijuana providers will continue to operate without "storefronts" and others may set up shop outside the city limits. The industry is likely to become smaller and less visible while litigation continues. That's a positive outcome for Billings. [sidebar] Local government authority Here's what Montana law, written by the 2011 Legislature in Senate Bill 423, says about local government authority on medical marijuana: Section 13. Local government authority to regulate. (1) To protect the public health, safety, or welfare, a local government may by ordinance or resolution regulate a provider or marijuana-infused products provider that operates within the local government's jurisdictional area. The regulations may include but are not limited to inspections of locations where marijuana is cultivated or manufactured in order to ensure compliance with any public health, safety, and welfare requirements established by the department or the local government. (2) A local government may adopt an ordinance or resolution prohibiting providers and marijuana-infused products providers from operating as storefront businesses. - --- MAP posted-by: Jay Bergstrom