CITY PLANNERS GIVE THREE OPTIONS FOR REGULATION OF MEDICAL MARIJUANA

City planners on Monday gave the city Zoning Commission and City
Commission three options for regulating medical marijuana in Great Falls.

The first occasion for the public to comment will be a hearing April
13 by the City Planning Board and Zoning Commission. The City
Commission could take it up at its May 4 meeting.

"I'm sure there will be some healthy debate," said Michael Haynes,
director of the city Planning and Community Development Department.

The three options are:

* Ban medical marijuana businesses inside the city limits, as the
city of Helena has done, on the grounds that the businesses violate
the Federal Controlled Substance Act of 1970. "It basically defers to
federal law," Haynes said.

* Extend a 90-day moratorium for up to one year to give officials
more time to study the issues. That approach is recommended by the
city fire and police departments. "They still have concerns," Haynes said.

* Pass an ordinance proposed by city planners that would allow
marijuana growing in industrial zones only, and would allow marijuana
shops in zones typically used by businesses: C-2 General Commercial,
C-4 General Business Core, M-1 and M-2 Mixed Use zones, and I-1 and
I-2 Light and Heavy Industrial zones.

Under the ordinance, marijuana dispensaries would be prohibited
within 300 feet of a school, day care center, park, church,
recreation center or government building. Marijuana growing and sales
would not be allowed as a home occupation.

The ordinance would not interfere with a marijuana patient growing
and using his or her own marijuana at home.

In a November 2004 vote, Montanan voters approved use of medical
marijuana by sick and injured people.

According to city planning staff, Great Falls' advisory neighborhood
councils are not keen on marijuana being grown in residential
neighborhoods, or for medical marijuana businesses to operate out of
homes. In addition, most telephone calls to city offices opposed
marijuana in residential neighborhoods, planners said.

Haynes said he does not have a personal favorite among the options.

"To be fair, we wanted to offer them (city officials) alternatives,"
Haynes said.

Neighborhood council members in Great Falls offered mixed views. The
Riverview-Valley View council urged the city to keep marijuana
businesses out of residential areas.

The east end council in February recommended approving an ordinance
with restrictions. Vice Chairman Christopher Sizemore said the
council supported medical marijuana growing in industrial zones, and
allowing marijuana shops in commercial areas.

"I think it's a legitimate deal," Sizemore said, although he added
the 2011 Legislature should tighten rules that allow Montanans to
qualify for medical marijuana cards.

Sizemore favors keeping marijuana shops away from schools, day-care
centers and churches, similar to the way the city restricts adult shops.

One Central Avenue West businessman, Fitness Plus owner Don Johnson,
also likes the plan to prohibit marijuana shops within 300 feet of
schools or recreation centers.

"My issue is having something real close to me," Johnson said. "That
would be anything on my block. That's better than nothing. To me, I
personally think it should be outside the city limits, period."

Fire Chief Randy McCamley, whose department conducts city safety
inspections, wrote Haynes this month favoring a delay in the city's
decision. He said firefighters might need more training for
inspections; carbon dioxide may be hazardous at growing sites, and
marijuana-growing equipment can prompt fires.

A Police Department memo listed a series of problems with medical
marijuana, such as felons from other states coming to Montana and
becoming marijuana caregivers; no rules on revoking a user's card or
caregiver's card; no protection for landlords if a tenant smokes
marijuana; use of marijuana in multi-family housing, and marijuana
use when children are present.

Sue Strickland, a member of the westside Neighborhood Council No. 2,
said she believes it would be "fine and dandy" for sick people to use
medical marijuana as long as "it isn't at someone else's expense."

Strickland said she has plenty of questions, including whether
residents can smoke medical marijuana in connected buildings, where
smoke could end up where it's not wanted, or in summertime when doors
and windows may be open.

"What happens about somebody smoking it in their own yard?"
Strickland asked. "I really think it's going to be a nightmare."

Marijuana caregivers and users are expected to begin offering their
responses to the city proposal in the coming days.