ZONING BOARD ADVISES DENIAL OF POT SHOP

A medical marijuana caregiver ordered to close last month for
operating in a residential area on Montana Street is asking zoning
officials for permission to reopen the business.

Planning staff is recommending the conditional use permit be denied,
citing concerns about neighboring property owners and the public.

Police served owner Tawnya LaFond on March 15 with a cease-and-desist
order at her business, The Patch, 672 S. Montana St.

Planning officials said the business violated city-county zoning by
operating in the residential area without approval from the zoning
board. The board will consider LaFond's request at its 5:30 p.m.
Thursday, April 21, meeting.

While LaFond says she would not be growing marijuana on site,
customers would purchase the drug on the property.

"Staff believes this could negatively affect public health and safety
for the residents of this area," according to a report released Friday
in response to LaFond's application.

LaFond argues in her application that she's eligible for a conditional
use permit as a "healing science" facility licensed by the state of
Montana.

But planners say they "strongly disagree" with her
argument.

Medical marijuana caregivers are not "licensed" by the state, but
"registered" to serve as caregivers, according to a planning report.
While caregivers must register with the state, no training or degree
is required to become a caregiver, the report said.

Planners contend those living in residential zones should not be faced
with potential impacts from a caregiver operation.

The local government requires caregivers to locate in commercial,
commercial and light industrial and industrial zones, the report states.

"The only restriction on caregivers is that they not locate within a
residential zoning district and this particular block of Montana
Street is zoned residential," the report states.

LaFond on Friday hadn't reviewed the staff report, but told The
Montana Standard she disagrees that her business doesn't qualify as a
"healing science" facility.

"I look at it this way, cannabis is holistic," she said. "It's a
holistic medicine; it is a natural-grown medicine."

LaFond said she is represented by medical marijuana attorney Chris
Lindsey of Polson. She says she has discussed her business plans with
the neighbors, and doesn't see a potential to negatively impact them.

"The fact that (planning staffers) don't see we meet the
qualifications doesn't discourage me," she said, adding that her
attorney plans to attend the meeting. "We'll see what they have to say
and we'll go from there."