Ron Strider
Well-Known Member
Medical marijuana is legal in the state of Montana, but the Billings City Council has now prohibited medical marijuana operations within city limits.
City staff does not known how many medical marijuana providers or dispensaries currently exist in the city limits, but has at least two on its radar and it doesn't want any new locations and the ordinance will cease any current operations.
After a lengthy session and hearing on the issue, the council voted to pass both recommended portions of the updating the ordinance after hearing from the public on both portions of the ordinance.
In the agenda, the medical marijuana issue was split into two sections — a zoning portion banning any storefronts and dispensaries, current or future, from operating in city limits.
The second stated it was "an amendment to the City Code to insert a definition of "dispensaries" and to delete unnecessary or outdated language which was revised upon the passage of I-182 in November 2016 and amendments to the Montana Marijuana Act during the 2017 legislative session."
In 2010, the City Council adopted an interim Zoning ordinance prohibiting the location of any further medical marijuana storefronts.
That ordinance had expired. Now after a retooling of that language, the city will continue to prohibit dispensaries and sales of medical marijuana by providers within the city.
Despite medical marijuana being allowed and recognized by the state of Montana, federally it is still illegal.
Around the state, city ordinances vary. Missoula allows medical marijuana as a professional office land use. Bozeman's medical marijuana industry is heavily regulated and limits the number of businesses. Butte allows medical marijuana to be sold only in commercial zones.
Great Falls and Kalispell prohibit medical marijuana operations through land use and zoning. Helena prohibits any activity in violation of federal law.
The proposed revision to the Billings ordinance looks similar to that of Great Falls, Kalispell, and Helena.
A storefront is defined as a business that has a sign or indication that medical marijuana is being sold at that location, while a dispensary is defined differently and viewed as a premises in which is registered.
It's provider is approved by the Montana Department of Health and Human Services to dispense medical marijuana to a card holder.
The ordinance does not regulate the relationship between a provider and patient.
"The council is not trying to regulate the personal use," said City Attorney Brent Brooks.
But the ordinance prohibits the transportation of medical marijuana to patients. That action would violate city code due to a lack of a business license.
Billings Police Chief Rich St. John said the department would prefer no storefront or dispensaries operate within city limits.
"The problems we had a while back, and what is consist with states and cities that have this issue going on, are problems with drug dealing, sales to minors, diversion of parcels, loitering, heavy vehicle and foot traffic, increased noise, robberies of customers," said St. John. "Invariably we get the phone calls from businesses and residents who are not appreciative of the dispensary. And the question, and I got one today: 'What are you going to do about it?'"
After clarifications from staff, testimony came in from both sides, leading to some fiery moments between opponents.
Jeff Lazloffy of the Montana Family Foundation argued storefronts and dispensaries would lower property value of nearby neighbors.
"Voters of Montana said that medical marijuana dispensaries have a right to exist," he said. "But they did not say that those same dispensaries have a right to decrease the values of adjacent or nearby property."
Owner of Alternative Wellness Montana Elizabeth Pincolini argued allowing the sale of medical marijuana in city limits could benefit the Billings economy.
"It could benefit tax revenue, employment taxes, this is a well regulated industry now," Pincolini said.
More than a dozen testified with a majority speaking in favor of allowing medical marijuana operations in Billings.
Despite testimony in favor of allowing those operations, the council approved the measure to prohibit medical marijuana operations within city limits on a 7 to 4 vote on both sections.
The discussion and final decision came after 1:50 a.m. Tuesday.
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Billings City Council ceases medical marijuana operations in cit - KTVQ.com | Q2 | Continuous News Coverage | Billings, MT
Author: Dustin Klemann
Contact: Contact Us - KTVQ.com | Q2 | Continuous News Coverage | Billings, MT
Photo Credit: Stan Lim
Website: Home - KTVQ.com | Q2 | Continuous News Coverage | Billings, MT
City staff does not known how many medical marijuana providers or dispensaries currently exist in the city limits, but has at least two on its radar and it doesn't want any new locations and the ordinance will cease any current operations.
After a lengthy session and hearing on the issue, the council voted to pass both recommended portions of the updating the ordinance after hearing from the public on both portions of the ordinance.
In the agenda, the medical marijuana issue was split into two sections — a zoning portion banning any storefronts and dispensaries, current or future, from operating in city limits.
The second stated it was "an amendment to the City Code to insert a definition of "dispensaries" and to delete unnecessary or outdated language which was revised upon the passage of I-182 in November 2016 and amendments to the Montana Marijuana Act during the 2017 legislative session."
In 2010, the City Council adopted an interim Zoning ordinance prohibiting the location of any further medical marijuana storefronts.
That ordinance had expired. Now after a retooling of that language, the city will continue to prohibit dispensaries and sales of medical marijuana by providers within the city.
Despite medical marijuana being allowed and recognized by the state of Montana, federally it is still illegal.
Around the state, city ordinances vary. Missoula allows medical marijuana as a professional office land use. Bozeman's medical marijuana industry is heavily regulated and limits the number of businesses. Butte allows medical marijuana to be sold only in commercial zones.
Great Falls and Kalispell prohibit medical marijuana operations through land use and zoning. Helena prohibits any activity in violation of federal law.
The proposed revision to the Billings ordinance looks similar to that of Great Falls, Kalispell, and Helena.
A storefront is defined as a business that has a sign or indication that medical marijuana is being sold at that location, while a dispensary is defined differently and viewed as a premises in which is registered.
It's provider is approved by the Montana Department of Health and Human Services to dispense medical marijuana to a card holder.
The ordinance does not regulate the relationship between a provider and patient.
"The council is not trying to regulate the personal use," said City Attorney Brent Brooks.
But the ordinance prohibits the transportation of medical marijuana to patients. That action would violate city code due to a lack of a business license.
Billings Police Chief Rich St. John said the department would prefer no storefront or dispensaries operate within city limits.
"The problems we had a while back, and what is consist with states and cities that have this issue going on, are problems with drug dealing, sales to minors, diversion of parcels, loitering, heavy vehicle and foot traffic, increased noise, robberies of customers," said St. John. "Invariably we get the phone calls from businesses and residents who are not appreciative of the dispensary. And the question, and I got one today: 'What are you going to do about it?'"
After clarifications from staff, testimony came in from both sides, leading to some fiery moments between opponents.
Jeff Lazloffy of the Montana Family Foundation argued storefronts and dispensaries would lower property value of nearby neighbors.
"Voters of Montana said that medical marijuana dispensaries have a right to exist," he said. "But they did not say that those same dispensaries have a right to decrease the values of adjacent or nearby property."
Owner of Alternative Wellness Montana Elizabeth Pincolini argued allowing the sale of medical marijuana in city limits could benefit the Billings economy.
"It could benefit tax revenue, employment taxes, this is a well regulated industry now," Pincolini said.
More than a dozen testified with a majority speaking in favor of allowing medical marijuana operations in Billings.
Despite testimony in favor of allowing those operations, the council approved the measure to prohibit medical marijuana operations within city limits on a 7 to 4 vote on both sections.
The discussion and final decision came after 1:50 a.m. Tuesday.
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Billings City Council ceases medical marijuana operations in cit - KTVQ.com | Q2 | Continuous News Coverage | Billings, MT
Author: Dustin Klemann
Contact: Contact Us - KTVQ.com | Q2 | Continuous News Coverage | Billings, MT
Photo Credit: Stan Lim
Website: Home - KTVQ.com | Q2 | Continuous News Coverage | Billings, MT