A medical marijuana caregiver has filed a petition for a temporary restraining order against the city of Billings in an effort to prevent the city from enacting a retroactive ban on marijuana-based businesses within 1,000 feet of school zones.
William Reid, who owns Canni-Rx Caregivers on the 1200 block of Avenue C, filed the injunction against the city on May 28. It also includes a request for a hearing on the suit.
According to the petition, Reid is a licensed medical-marijuana caregiver and registered his company with the state on March 24.
He said he is concerned that the City Council, which placed a moratorium on new medical-marijuana businesses last month so they could discuss how to regulate them, could enact a retroactive ban on such businesses near schools.
"Any time the zoning commission has passed a law, after the fact they've always grandfathered in the existing businesses," Reid said. If a retroactive ban goes into place, it could kill his business and force him to break written contracts with his patients, the petition said.
City Attorney Brent Brooks said city officials plan to meet with Reid's attorney, Brandon C. Hartford, on Friday to further discuss the petition. He said that since the moratorium doesn't apply to Reid's business, they need more information.
"It appears that he is seeking prospective relief," Brooks said. "We're hoping to sit down and work out what it really is that they're concerned about."
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Billings Gazette
Contact: The Billings Gazette
Copyright: 2010 The Billings Gazette
Website: Medical marijuana caregiver seeks restraining order against city
William Reid, who owns Canni-Rx Caregivers on the 1200 block of Avenue C, filed the injunction against the city on May 28. It also includes a request for a hearing on the suit.
According to the petition, Reid is a licensed medical-marijuana caregiver and registered his company with the state on March 24.
He said he is concerned that the City Council, which placed a moratorium on new medical-marijuana businesses last month so they could discuss how to regulate them, could enact a retroactive ban on such businesses near schools.
"Any time the zoning commission has passed a law, after the fact they've always grandfathered in the existing businesses," Reid said. If a retroactive ban goes into place, it could kill his business and force him to break written contracts with his patients, the petition said.
City Attorney Brent Brooks said city officials plan to meet with Reid's attorney, Brandon C. Hartford, on Friday to further discuss the petition. He said that since the moratorium doesn't apply to Reid's business, they need more information.
"It appears that he is seeking prospective relief," Brooks said. "We're hoping to sit down and work out what it really is that they're concerned about."
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Billings Gazette
Contact: The Billings Gazette
Copyright: 2010 The Billings Gazette
Website: Medical marijuana caregiver seeks restraining order against city
