420 Warrior
Well-Known Member
With all the uncertainty surrounding state and federal medical marijuana laws, the Hamilton City Council is considering a temporary ban of new medical marijuana shops within the city limits.
At the council's Committee of the Whole meeting Tuesday night, council members instructed city attorney Karen Mahar to draft an interim zoning ordinance that would prohibit the city from issuing business licenses to new marijuana dispensaries for six months.
At Tuesday's meeting, Mahar brought the committee a draft ordinance she and special projects manager Dennis Stranger have worked on since late September.
But while discussing the state of flux the medical marijuana industry is facing in Montana as laws get ironed out, the committee supported creating an interim zoning ordinance instead.
"I think that'd be the way to go," said council president Jenny West.
Councilor Lynette Helgeland agreed.
"I think that'd be a lot safer than ( the draft ordinance )," she said.
Councilor Joe Petrusaitis also said he'd be in favor of a temporary restriction because it would buy the council time to work on a permanent ordinance.
There is currently one licensed marijuana dispensary in Hamilton - MDC Caregivers, at 1967 N. First Street. It would stay licensed under an interim zoning ordinance. There is a second dispensary in the area - - Old Wolves Caregiving - at 230 Marcus Street - but it is technically outside the city limits.
The committee was worried about what lies in store for state marijuana laws.
Last week, U.S. District Judge Donald Molloy ruled that state laws don't shield providers from federal prosecution. A referendum will be before voters on November's ballot to repeal the current medical marijuana laws, passed in the 2011 legislative session. A district court judge in Lewis and Clark County then enjoined the state from enforcing certain sections of the law.
"It's an area that's in a state of being modified," Mahar said.
Councilor Nancy Hendrickson said she would prefer working on a permanent ordinance that could be modified as the law changes, rather than an interim zoning ordinance. She wants to see a "reasonable" attempt at a permanent ordinance.
"There is a legitimate need for ( medical marijuana ), it just got distorted and needs to be fixed," Hendrickson.
In March of 2010, the city passed an interim zoning ordinance restricting the location, hours, operation and licensing of medical marijuana establishments.
Mahar and Stranger will continue working on drafts of both ordinances and present them to the committee at its next meeting on Feb. 14.
Any proposed ordinances would go through a public hearing process with the city council before being adopted.
News Hawk - 420 Warrior 420 MAGAZINE
Location: Hamilton, MT
Source: Ravalli Republic
Author: Whitney Bermes
Contact: editor@ravallirepublic.com
Copyright: 2012 Ravalli Republic
Website: www.ravallirepublic.com
At the council's Committee of the Whole meeting Tuesday night, council members instructed city attorney Karen Mahar to draft an interim zoning ordinance that would prohibit the city from issuing business licenses to new marijuana dispensaries for six months.
At Tuesday's meeting, Mahar brought the committee a draft ordinance she and special projects manager Dennis Stranger have worked on since late September.
But while discussing the state of flux the medical marijuana industry is facing in Montana as laws get ironed out, the committee supported creating an interim zoning ordinance instead.
"I think that'd be the way to go," said council president Jenny West.
Councilor Lynette Helgeland agreed.
"I think that'd be a lot safer than ( the draft ordinance )," she said.
Councilor Joe Petrusaitis also said he'd be in favor of a temporary restriction because it would buy the council time to work on a permanent ordinance.
There is currently one licensed marijuana dispensary in Hamilton - MDC Caregivers, at 1967 N. First Street. It would stay licensed under an interim zoning ordinance. There is a second dispensary in the area - - Old Wolves Caregiving - at 230 Marcus Street - but it is technically outside the city limits.
The committee was worried about what lies in store for state marijuana laws.
Last week, U.S. District Judge Donald Molloy ruled that state laws don't shield providers from federal prosecution. A referendum will be before voters on November's ballot to repeal the current medical marijuana laws, passed in the 2011 legislative session. A district court judge in Lewis and Clark County then enjoined the state from enforcing certain sections of the law.
"It's an area that's in a state of being modified," Mahar said.
Councilor Nancy Hendrickson said she would prefer working on a permanent ordinance that could be modified as the law changes, rather than an interim zoning ordinance. She wants to see a "reasonable" attempt at a permanent ordinance.
"There is a legitimate need for ( medical marijuana ), it just got distorted and needs to be fixed," Hendrickson.
In March of 2010, the city passed an interim zoning ordinance restricting the location, hours, operation and licensing of medical marijuana establishments.
Mahar and Stranger will continue working on drafts of both ordinances and present them to the committee at its next meeting on Feb. 14.
Any proposed ordinances would go through a public hearing process with the city council before being adopted.
News Hawk - 420 Warrior 420 MAGAZINE
Location: Hamilton, MT
Source: Ravalli Republic
Author: Whitney Bermes
Contact: editor@ravallirepublic.com
Copyright: 2012 Ravalli Republic
Website: www.ravallirepublic.com
