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.
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MAP posted-by: Jay Bergstrom