COUNCIL ASSERTS AUTHORITY OVER MARIJUANA SHOPS

Relying on a state law that took effect Friday, the Billings City
Council voted Tuesday to close all medical marijuana stores within
the city limits.

Last summer, the council imposed a moratorium on new medical
marijuana businesses, but those already operating within the city
limits were not shut down.

The latest emergency ordinance, approved by a two-thirds majority of
the council, could end the practice that fired up community
opposition to medical marijuana more than a year ago. Many, if not
most, Billings folks don't want a medical marijuana shop within a
block of their church or on the route that children walk to school.
When Montana voters approved legalizing the use of marijuana upon
physician recommendation for specific medical purposes, they didn't
expect a pot shop on every street in the city.

The City Council's vote for the storefront prohibition reflects that concern.

A year ago, the council acted to prevent the dozens of city-licensed
medical marijuana businesses from becoming dozens more. The council
wisely waited to see what action the 2011 Legislature would take on
the increasingly controversial voter-approved state law.

The Gazette called on the Legislature to provide clear authority for
local government to regulate the location of medical marijuana
businesses. Previously, Billings and other Montana cities were
relying on their authority through zoning and business licensing ordinances.

The Legislature provided that authority in one paragraph of the
35-page bill that became law without Gov. Brian Schweitzer's signature.

On June 30, District Judge James Reynolds of Helena temporarily
stopped the state from enforcing several provisions of the new
medical marijuana law. However, the judge's order didn't affect the
section pertaining to local government authority to "adopt an
ordinance or resolution prohibiting providers and marijuana-infused
products providers from operating as storefront businesses."

So that's what eight City Council members did Tuesday night.

The action was taken after being postponed at two previous council
meetings pending Reynolds' ruling. The council acted after hearing
from medical marijuana opponents and proponents. Councilman Vince
Ruegamer reckoned the council had heard 40 hours of testimony on
medical marijuana.

The emergency ordinance took effect immediately and will be in effect
for only 90 days. So the council will deal again with this issue.

Medical marijuana providers were already in a quandary and some had
said they planned to close because the new state law was written to
effectively put them out of business. However, Reynolds enjoined the
state from enforcing some of the provisions aimed at shutting down
the industry.

We expect that some Billings medical marijuana providers will
continue to operate without "storefronts" and others may set up shop
outside the city limits. The industry is likely to become smaller and
less visible while litigation continues. That's a positive outcome
for Billings.

[sidebar]

Local government authority

Here's what Montana law, written by the 2011 Legislature in Senate
Bill 423, says about local government authority on medical marijuana:

Section 13. Local government authority to regulate. (1) To protect
the public health, safety, or welfare, a local government may by
ordinance or resolution regulate a provider or marijuana-infused
products provider that operates within the local government's
jurisdictional area. The regulations may include but are not limited
to inspections of locations where marijuana is cultivated or
manufactured in order to ensure compliance with any public health,
safety, and welfare requirements established by the department or the
local government. (2) A local government may adopt an ordinance or
resolution prohibiting providers and marijuana-infused products
providers from operating as storefront businesses.