COMMISSION OPENS DEBATE ON POT BUSINESSES IN HELENA

Joining several local governments in the state of Montana that have
already done so, the Helena City Commission on Wednesday held its
first public discussion about medical marijuana -- though the talk
ended on a somewhat less-than-decisive note.

"I don't sense any consensus here amongst the five of us right now,"
said Mayor Jim Smith at the end of the hourlong conversation.

Though no decisions were made, Commissioner Matt Elsaesser noted that
it was an important first step nonetheless.

Under the city's current general licensing ordinance, businesses that
wish to distribute medical marijuana are not allowed to do so. This is
due to a section in the document that states that business licenses
cannot be granted to "any trade, business, occupation, vocation,
pursuit, profession or entertainment prohibited by any law of the
United States or this state, or by any provision in this code." Since
federal law deems marijuana illegal, medical marijuana distributors
have been prohibited from setting up shop in city limits, said City
Manager Ron Alles. Some have opened up anyway, he added, and citations
have either reached those establishments or are likely on their way.

If the commission decided it wanted to allow those businesses within
the city, Alles said, it would simply have to change the business
ordinance. Though the city could decide to make zoning changes as
well, he said, they wouldn't be necessary since the businesses would
be able to open in any areas that allow for retail.

But Alles recommended that the city commission wait to take any action
until after the 2011 legislative session, since the state could end up
altering its current law, which allows for the use of medical marijuana.

It's a sentiment that was echoed by Smith, who said he would be happy
to consider changing the city's laws after knowing what the
Legislature decides. He said he already knows of five bills that
propose either repealing or revising the current Montana law.

"I don't want to put myself or the community through an ordinance
revision not knowing that we're going to be on sound legal ground when
we're all done," he said.

Commissioners Dan Ellison and Dick Thweatt leaned toward the mayor's
position that there would be no harm in waiting, but commissioners
Paul Cartwright and Elsaesser advocated for more immediate action.

Cartwright said it would be beneficial to change the ordinance in
order to send a message to the Legislature that the city favors
regulation over prohibition. He said it would be best to establish
policies that would place medical marijuana businesses in the most
public places possible so their operations would occur under the
watchful eye of the surrounding community.

"Social control is much more effective than police control," he
said.

Elsaesser similarly noted that it's important to protect the people
with a legitimate medical need for marijuana while making sure it
stays out of the hands of the people who have other intentions for the
drug. If transactions aren't allowed to take place in the city, he
said, it's important to consider where they will end up instead. He
deemed it a public health and safety concern.

Elsaesser advocated for emergency zoning as a way to quickly allow for
medical marijuana businesses to open in the city, but Alles and Deputy
City Attorney Thomas Jodoin advised that it wouldn't be the best
solution, since it's a route that is most commonly used to prohibit
something rather than allow it. An example, said Community Development
Director Sharon Haugen, was the use of emergency zoning to address an
adult bookstore in downtown Helena.

"It's not an emergency to allow something," Jodoin
said.

Cartwright commented on what he described as the "mess" created by the
opposing state and federal policies regarding marijuana, adding that
he thinks such discrepancies will continue to become more common.

Though no action was taken on the issue, the mayor invited the public
to contact the commission with any thoughts on the subject.

The discussion had been listed as "Business License Ordinance
enforcement" on the city's administrative agenda, though Elsaesser had
commented that the subject in question was medical marijuana during
the commission's public Monday night meeting.

Only one person attended the Wednesday meeting to offer public comment -
Paul Schmidt of Sleeping Giant Caregivers, who said he has received
word from the city about his business but wouldn't go into details. He
offered the commissioners assistance in their efforts to find a
solution and said he appreciated that they were having the discussion.