CITY APPROVES MEDICAL MARIJUANA RULES

The Bozeman City Commission voted 3-2 late Monday night to cap the
number of medical marijuana storefronts in the city at 20 for one
year, until August 2011.

In doing so, the commission took a suggestion from medical marijuana
advocates.

Earlier this month, the commission had provisionally voted to cap the
number of medical marijuana providers - including those who only
deliver to patients in the city - at 32 for one year while the city
tries out its new rules on the drug.

But last week, Jim Gingery, the head of the Montana Medical Growers
Association, asked the city to instead establish separate licenses and
requirements for cannabis storefronts, growers and delivery services.
He said it would allow more providers in the city, but limit the
number of visible storefronts and facilities, which is the primary
concern for many cities.

Commissioners Chris Mehl, who initially proposed the cap of 32, and
Cyndy Andrus opposed capping only storefronts.

Mehl said he thinks city officials are losing sight of the community
concerns in order to be business friendly to providers.

"It basically says as long as you're not a storefront, party on," Mehl
said.

He said once the city allows providers to set up shop it's hard to
reduce their number later without risking legal repercussions.

Carson Taylor, who proposed the cap of 20, said he chose the number
arbitrarily. He said it seemed like a good number to start with.

The cap would not apply to any applications that are already pending
when the rules become effective. The rules become final 30 days from
Monday, on Aug. 25.

The city has already received a total of 46 applications for business
licenses and approved 18 of them, City Attorney Greg Sullivan said
Monday night. However, not all of those applications are for
storefronts.

The cap is part of an ordinance that outlines how medical marijuana
can be used, sold and grown in the city.

The rules will make it a misdemeanor for patients to use medical
marijuana in public; offenders could result in a $500 fine and up to
six months in jail. The rules also call for a 1,000-foot buffer
between schools and cannabis shops, city inspections of shops and
banning shops from opening on Main Street downtown.

Existing rules prohibit providers from operating out of neighborhood
homes and only allow growing operations on the outskirts of town, in
areas zoned residential suburban, where agricultural uses are allowed.