LAWMAKERS MUST CLEAR UP LOCAL MARIJUANA ISSUES

The state law legalizing medical marijuana has become a major
challenge for local governments in Montana.

As the Billings City Council debated medical marijuana issues again
Monday night, one of the key unanswered questions was: What will the
2011 Legislature do?

Fortunately, an interim subcommittee of legislators has been created
to address that issue. Today in Helena these lawmakers will focus on
local government, workplace and landlord/tenant issues of limited,
legal marijuana use. The subcommittee has reached out to the Montana
Association of Counties and the Montana League of Cities and Towns for
recommendations on changing the law.

Several cities have tried to control whether and where marijuana
businesses locate and Bozeman's commission has voted for an ordinance
that would prohibit smoking medical marijuana in public. An ad hoc
committee created by the Billings City Council recommended
restrictions that would prohibit new marijuana dispensaries from
locating in most parts of the city and require the 50 or so existing
marijuana businesses to move into the allowed zone within four years.

On Monday night, four council members, Mayor Tom Hanel, Dick Clark,
Jim Ronquillo and Mark Astle voted to ban medical marijuana businesses
from the entire city. We appreciate the simplicity of that plan, but
also understand the position of the six other members who voted "no"
because they want to craft an ordinance that will be defensible if
marijuana dispensaries sue the city as some have threatened to do.

At this point, the best action plan is to continue the city's
moratorium on new marijuana businesses. The ban expires in November,
but the council can extend it for six months, which would continue the
restriction until after the Legislature adjourns.

The Billings council unanimously supported drafting ordinances to
continue the moratorium and ban marijuana businesses from locating in
or near residential zones, schools, churches, parks and other public
places.

The high volume of controversy statewide will lead to the introduction
of multiple bills to regulate or repeal medical marijuana. The
Legislature must act to give Montana cities and counties clear
authority to regulate medical marijuana.

Most Montana cities and counties have only "general powers," which
means they can do only what state law specifically says they can do.
The medical marijuana law is silent on local government authority.
Billings is one of a minority of local government entities with
self-governing powers through its voter-approved City Charter.
Billings' self-governing powers allow local government to act unless
state law specifically prohibits action.

Once city leaders know how state law is changing, they can make
effective, compatible changes in city ordinance.

[sidebar]

To learn more

The Medical Marijuana Subcommittee is scheduled to meet at 10 a.m.
today in Room 137 of the Capitol in Helena. Those of us outside Helena
can listen to the meeting or watch it live via Internet. For links to
the meeting and other information on medical marijuana, go to this
Gazette opinion at billingsgazette.com.

The subcommittee is scheduled to report to the Children, Families,
Health and Human Services Interim Committee on Aug. 23-24 in the same
Capitol meeting room.

An "unofficial draft" of a bill that the subcommittee could propose
includes these important changes:

"Standards of care" would be set for physicians recommending the use
of medical marijuana, requiring, for example, that the doctor perform
a physical exam before issuing a recommendation for the patient to
obtain a medical marijuana card from the state.

A state license would be required for medical marijuana caregivers
and couldn't be issued without a background check.

No one could be licensed if convicted of any felony offense or a
misdemeanor drug offense.

No one on probation or parole could have a medical marijuana patient
card. The state law legalizing medical marijuana has become a major
challenge for local governments in Montana.

As the Billings City Council debated medical marijuana issues again
Monday night, one of the key unanswered questions was: What will the
2011 Legislature do?

Fortunately, an interim subcommittee of legislators has been created
to address that issue. Today in Helena these lawmakers will focus on
local government, workplace and landlord/tenant issues of limited,
legal marijuana use. The subcommittee has reached out to the Montana
Association of Counties and the Montana League of Cities and Towns for
recommendations on changing the law.

Several cities have tried to control whether and where marijuana
businesses locate and Bozeman's commission has voted for an ordinance
that would prohibit smoking medical marijuana in public. An ad hoc
committee created by the Billings City Council recommended
restrictions that would prohibit new marijuana dispensaries from
locating in most parts of the city and require the 50 or so existing
marijuana businesses to move into the allowed zone within four years.

On Monday night, four council members, Mayor Tom Hanel, Dick Clark,
Jim Ronquillo and Mark Astle voted to ban medical marijuana businesses
from the entire city. We appreciate the simplicity of that plan, but
also understand the position of the six other members who