[420 Girl]

Montana - Proposed moratorium would give city time to learn 'how to control' medical marijuana providers, officials say

The city of Belgrade will consider a temporary moratorium on medical marijuana businesses during a meeting of the city council Monday night.

The ban, which could last six months, will give the city time to decide "how to control" businesses that grow, process and sell medical marijuana here, City Manager Joe Menicucci and Chief of Police E.J. Clark said Thursday.

The moratorium would be similar to those imposed by other cities in Montana, like Great Falls, Lewistown and Havre, they said. A similar measure is also being considered by the city of Bozeman.

While no medical marijuana growers have applied for a city business license, there have been inquiries, Menicucci said.

And, according to Clark, there are state-registered medical marijuana providers who gave Belgrade addresses when they applied for state licenses.

"There are licensed caregivers here," he said, using the term state law gave people who grow medical marijuana. However, he added, city officials don't know who the caregivers are or where they are operating because the state agency overseeing licensing won't name names.

"Most of the caregivers are also users," so the state Department of Public Health and Human Services has refused to give out their names, he said. "They cite HIPAA," a federal law that governs disclosure of individual medical information.

"We'll call before a search and ask 'Is there anybody at this address with a grow license?' and they'll say 'Yes' or 'No' but they won't tell us otherwise," Clark said.

According to both Menicucci and Clark, the city's moratorium is not designed to interfere with what the state has already determined to be legal. But with more and more people applying for both caregivers' and users' licenses, "everyone needs to be on the same page," Clark said.

"We need to make sure these businesses are zoned properly; there are health reasons for one thing.

"Are they growing? Are they manufacturing, packaging and selling? We're just trying to get a handle on how to deal with them," he added.

For example, someone growing medical pot in their home might be considered an agricultural producer and as such, would need to operate in an ag-related zone, Menicucci said. Some may need to operate in manufacturing zones.

The city council could impose such regulations, or could reject any regulation at all.

"This is going to be up to the council," he said. "They may choose to do nothing."

A moratorium, if imposed, could give the city six months to write an ordinance addressing the issues, he said.

Monday's meeting gets underway at 7 p.m. at City Hall, 91 E. Central Ave.

http://www.420magazine.com/forums/in...ar-monday.html