MORATORIUM ON MEDICAL-MARIJUANA BUSINESSES EXTENDED

After hours of public testimony on Monday night, the City Council
voted to extend a moratorium on medical-marijuana businesses and back
away from a proposed zone change that would have banned or restricted
medical-marijuana businesses in the city.

Council members were given several options on regulating medical-
marijuana businesses, including restricting them to a small part of
the city or banning them outright. But the council voted, 9-1, to
withdraw the proposed zone change, which means it could come back in a
few months.

The council essentially bought itself about four months, which council
members hope will be enough time for the state Legislature to take
significant action on medical marijuana, negating the need for the
council to act.

Some on the council doubt that the Legislature will make any progress
on the issue, but other council members are hopeful.

"I think the Legislature will do something, and this gives us an
opportunity to get through until that time," Council-woman Jani McCall
said.

The majority of speakers on Monday night urged the council to ban the
businesses throughout the city, while a few spoke against regulating
the fledgling industry.

"We voted for this initiative. Two out of three people voted for it. I
don't know why it's even an issue anymore," said medical-marijuana
caregiver Friedrick Schweitzer, nephew of Gov. Brian Schweitzer.

"We want this in our town. We want this in our state."

The council was considering a new zoning ordinance that would restrict
the businesses to a strip of land along Interstate 90 at the southwest
end of the city, as well as a small patch of land near MetraPark. The
ordinance would also require nonconforming businesses to move into
compliance within a few years.

That ordinance came from an ad hoc committee created by the council.

But, when the council sent the ordinance to the Zoning Commission for
a public hearing, the Zoning Commission sent back a recommendation
that the council scrap the ordinance and ban the businesses entirely.

The Zoning Commission's move didn't sit well with some on the council,
who said that the commission overstepped its mission to make a
recommendation on the proposed ordinance.

"The Zoning Commission has thrown us a real curve here, and I don't
support what they've done," Councilman Ed Ulledalen said.

Ulledalen has also questioned the intentions of the state Legislature,
which could make changes to the law that al-lows the use of medical
marijuana.

"This isn't something that's just up to the Legislature to decide,"
said Rep. Cary Smith, a Republican who represents parts of the West
End.

In other business, the council set mill levy rates for the next year
and voted on two lawsuit settlements.

The council approved one settlement with six female city employees,
but it shot down a proposed settlement with Alternatives Inc., which
runs a prerelease center on the South Side.

Alternatives Inc. sued the city over a tax payment issue. The council
rejected the settlement on a 5-5 vote. It's unclear what will happen
with the lawsuit.

Contact Matt Hagengruber at mhagengruber@billingsgazette.com or
657-1261.

The City Council spent most of Monday night listening to testimony on
zoning medical-marijuana businesses, but hadn't made any decisions as
of press time.

Council members were given several options on regulating medical-
marijuana businesses, including restricting them to a small part of
the city and banning them outright. The council could also delay
action, but then would have to extend a moratorium on medical-
marijuana businesses for another year.

The majority of speakers on Monday night urged the council to ban the
businesses throughout the city, while a few spoke against regulating
the fledgling industry.

"We voted for this initiative. Two out of three people voted for it. I
don't know why it's even an issue anymore," said medical-marijuana
caregiver Friedrick Schweitzer, nephew of Gov. Brian Schweitzer.

"We want this in our town. We want this in our state."

The council was considering a new zoning ordinance that would restrict
the businesses to a strip of land along Interstate 90 at the southwest
end of the city, as well as a small patch of land near MetraPark. The
proposed ordinance would also require nonconforming businesses to move
into compliance within a few years.

That proposal came from an ad hoc committee created by the council.
But, when the council sent the ordinance to the Zoning Commission for
a public hearing, the Zoning Commission sent back a recommendation
that the council scrap the ordinance and ban the businesses entirely.

The Zoning Commission's move didn't sit well with some on the council,
who said that the commission overstepped its mission to make a
recommendation on the proposed ordinance.

"The Zoning Commission has thrown us a real curve here, and I don't
support what they've done," Councilman Ed Ulledalen said.

Ulledalen has also questioned the intentions of the state Legislature,
which could make changes to the law that allows the use of medical
marijuana. Council members have been reluctant to act until
legislators make progress on the issue.

"This isn't something that's just up to the Legislature to decide,"
said Rep. Cary Smith, a Republican who represents parts of the West
End.

In other business, the council set mill levy rates for the next year
and voted on two lawsuit settlements.

The council approved one settlement with six female city employees,
but it shot down a proposed settlement with Alternatives Inc., which
runs a prerelease center on the South Side.

Alternatives Inc. sued the city over a tax payment issue. The council
rejected the settlement on a 5-5 vote. It's unclear what will happen
with the lawsuit.