Pubdate: Thu, 26 Jan 2012
Source: Ravalli Republic (Hamilton, MT)
Copyright: 2012 Ravalli Republic
Contact:  http://www.ravallirepublic.com/
Details: http://www.mapinc.org/media/3254
Author: Whitney Bermes

HAMILTON CITY COUNCIL CONSIDERS TEMPORARY BAN ON MEDICAL MARIJUANA SHOPS

With all the uncertainty surrounding state and federal medical 
marijuana laws, the Hamilton City Council is considering a temporary 
ban of new medical marijuana shops within the city limits.

At the council's Committee of the Whole meeting Tuesday night, 
council members instructed city attorney Karen Mahar to draft an 
interim zoning ordinance that would prohibit the city from issuing 
business licenses to new marijuana dispensaries for six months.

At Tuesday's meeting, Mahar brought the committee a draft ordinance 
she and special projects manager Dennis Stranger have worked on since 
late September.

But while discussing the state of flux the medical marijuana industry 
is facing in Montana as laws get ironed out, the committee supported 
creating an interim zoning ordinance instead.

"I think that'd be the way to go," said council president Jenny West.

Councilor Lynette Helgeland agreed.

"I think that'd be a lot safer than (the draft ordinance)," she said.

Councilor Joe Petrusaitis also said he'd be in favor of a temporary 
restriction because it would buy the council time to work on a 
permanent ordinance.

There is currently one licensed marijuana dispensary in Hamilton - 
MDC Caregivers, at 1967 N. First Street. It would stay licensed under 
an interim zoning ordinance. There is a second dispensary in the area 
- - Old Wolves Caregiving - at 230 Marcus Street - but it is 
technically outside the city limits.

The committee was worried about what lies in store for state marijuana laws.

Last week, U.S. District Judge Donald Molloy ruled that state laws 
don't shield providers from federal prosecution. A referendum will be 
before voters on November's ballot to repeal the current medical 
marijuana laws, passed in the 2011 legislative session. A district 
court judge in Lewis and Clark County then enjoined the state from 
enforcing certain sections of the law.

"It's an area that's in a state of being modified," Mahar said.

Councilor Nancy Hendrickson said she would prefer working on a 
permanent ordinance that could be modified as the law changes, rather 
than an interim zoning ordinance. She wants to see a "reasonable" 
attempt at a permanent ordinance.

"There is a legitimate need for (medical marijuana), it just got 
distorted and needs to be fixed," Hendrickson.

In March of 2010, the city passed an interim zoning ordinance 
restricting the location, hours, operation and licensing of medical 
marijuana establishments.

Mahar and Stranger will continue working on drafts of both ordinances 
and present them to the committee at its next meeting on Feb. 14.

Any proposed ordinances would go through a public hearing process 
with the city council before being adopted.
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MAP posted-by: Jay Bergstrom