POT SHOP RAISING CONCERNS

Tawnya LaFond admits her medical marijuana office can't help but
attract attention.

The Patch, 672 S. Montana St., opened its doors Monday in a home spray
painted nearly a year ago by local teens with permission from the
property owner.

The "art" drew attention from local planning officials and city
leaders last April, but this time it's LaFond's caregiver operation
that is under review.

LaFond contends she doesn't need a business license to sell medical
marijuana at 672 S. Montana St., which is located in a residential
area.

That's because local laws don't specifically address medical marijuana
caregivers and LaFond says the state Legislature hasn't clarified
where those operations may locate.

According to the state's medical marijuana laws, LaFond says she could
operate from her home. But instead she says she chose the South
Montana Street location because it's not located next to a school.

She also pointed to a number of businesses operating
nearby.

But Butte-Silver Bow planners contend LaFond's business doesn't appear
to be in compliance with city-county laws.

Lori Casey, senior city-county planner, said that although local laws
don't specifically address medical marijuana, all businesses must have
a business license.

And businesses are required to operate in commercial zones, unless
they receive a variance from the zoning board of adjustment, she said.

A medical marijuana caregiver last year applied for a variance to
operate in a residential area, but the zoning board denied the request.

A medical marijuana cardholder is not required to purchase any license
from the city-county for personal use, but caregivers selling a
product and operating as a business must comply with zoning laws, Casey said.

Casey said she has contacted county Attorney Eileen Joyce about the
issue and that a review into LaFond's business is underway.

While Montana Street is zoned for commercial use both north and south
of LaFond's business, the Patch is located in a residentially zoned
area and is operating without a business license, Casey said.

A review of city-county records shows that LaFond previously received
a 2010 business license to operate as a medical marijuana caregiver on
Fat Jack Road, but that license was revoked.

She received a second business license to operate as a caregiver on
North Arizona Street, but that license isn't transferable to another
location.

LaFond said she discontinued operating on North Arizona, and the
license is void.

She says she looked for other property to rent, but questions whether
there are limited opportunities for caregivers because of a negative
stigma linked to medical marijuana.

LaFond says she would apply for a zoning variance to continue
operating from 672 S. Montana if city officials adopt regulations for
caregivers in the future.

"I want to fight tooth and nail for a variance because I don't want to
move again," she said. The Patch is open from 11 a.m. to 6 p.m. Monday
through Saturday.

Casey, however, says businesses normally request a variance before
opening for business and that Lafond may be operating in violation of
zoning laws.

"It's being reviewed," Casey said.

Of the 35 medical marijuana caregivers to apply for a business license
in 2010 in Butte-Silver Bow, 19 have renewed a business license for
2011.

One new caregiver has applied for a business license so far this year.