[420 Girl]

City planners on Monday gave the city Zoning Commission and City Commission three options for regulating medical marijuana in Great Falls.

The first occasion for the public to comment will be a hearing April 13 by the City Planning Board and Zoning Commission. The City Commission could take it up at its May 4 meeting.

"I'm sure there will be some healthy debate," said Michael Haynes, director of the city Planning and Community Development Department.

The three options are:

Ban medical marijuana businesses inside the city limits, as the city of Helena has done, on the grounds that the businesses violate the Federal Controlled Substance Act of 1970. "It basically defers to federal law," Haynes said.

Extend a 90-day moratorium for up to one year to give officials more time to study the issues. That approach is recommended by the city fire and police departments. "They still have concerns," Haynes said.

Pass an ordinance proposed by city planners that would allow marijuana growing in industrial zones only, and would allow marijuana shops in zones typically used by businesses: C-2 General Commercial, C-4 General Business Core, M-1 and M-2 Mixed Use zones, and I-1 and I-2 Light and Heavy Industrial zones.

Under the ordinance, marijuana dispensaries would be prohibited within 300 feet of a school, day care center, park, church, recreation center or government building. Marijuana growing and sales would not be allowed as a home occupation.

The ordinance would not interfere with a marijuana patient growing and using his or her own marijuana at home.

In a November 2004 vote, Montanan voters approved use of medical marijuana by sick and injured people.

According to city planning staff, Great Falls' advisory neighborhood councils are not keen on marijuana being grown in residential neighborhoods, or for medical marijuana businesses to operate out of homes. In addition, most telephone calls to city offices opposed marijuana in residential neighborhoods, planners said.

Haynes said he does not have a personal favorite among the options.

Next Page1| 2Previous PageCity planners on Monday gave the city Zoning Commission and City Commission three options for regulating medical marijuana in Great Falls.

The first occasion for the public to comment will be a hearing April 13 by the City Planning Board and Zoning Commission. The City Commission could take it up at its May 4 meeting.

"I'm sure there will be some healthy debate," said Michael Haynes, director of the city Planning and Community Development Department.

The three options are:

Ban medical marijuana businesses inside the city limits, as the city of Helena has done, on the grounds that the businesses violate the Federal Controlled Substance Act of 1970. "It basically defers to federal law," Haynes said.

Extend a 90-day moratorium for up to one year to give officials more time to study the issues. That approach is recommended by the city fire and police departments. "They still have concerns," Haynes said.

Pass an ordinance proposed by city planners that would allow marijuana growing in industrial zones only, and would allow marijuana shops in zones typically used by businesses: C-2 General Commercial, C-4 General Business Core, M-1 and M-2 Mixed Use zones, and I-1 and I-2 Light and Heavy Industrial zones.

Under the ordinance, marijuana dispensaries would be prohibited within 300 feet of a school, day care center, park, church, recreation center or government building. Marijuana growing and sales would not be allowed as a home occupation.

The ordinance would not interfere with a marijuana patient growing and using his or her own marijuana at home.

In a November 2004 vote, Montanan voters approved use of medical marijuana by sick and injured people.

According to city planning staff, Great Falls' advisory neighborhood councils are not keen on marijuana being grown in residential neighborhoods, or for medical marijuana businesses to operate out of homes. In addition, most telephone calls to city offices opposed marijuana in residential neighborhoods, planners said.

Haynes said he does not have a personal favorite among the options.



"To be fair, we wanted to offer them (city officials) alternatives," Haynes said.

Neighborhood council members in Great Falls offered mixed views. The Riverview-Valley View council urged the city to keep marijuana businesses out of residential areas.

The east end council in February recommended approving an ordinance with restrictions. Vice Chairman Christopher Sizemore said the council supported medical marijuana growing in industrial zones, and allowing marijuana shops in commercial areas.

"I think it's a legitimate deal," Sizemore said, although he added the 2011 Legislature should tighten rules that allow Montanans to qualify for medical marijuana cards.

Sizemore favors keeping marijuana shops away from schools, day-care centers and churches, similar to the way the city restricts adult shops.

One Central Avenue West businessman, Fitness Plus owner Don Johnson, also likes the plan to prohibit marijuana shops within 300 feet of schools or recreation centers.

"My issue is having something real close to me," Johnson said. "That would be anything on my block. That's better than nothing. To me, I personally think it should be outside the city limits, period."

Fire Chief Randy McCamley, whose department conducts city safety inspections, wrote Haynes this month favoring a delay in the city's decision. He said firefighters might need more training for inspections; carbon dioxide may be hazardous at growing sites, and marijuana-growing equipment can prompt fires.

A Police Department memo listed a series of problems with medical marijuana, such as felons from other states coming to Montana and becoming marijuana caregivers; no rules on revoking a user's card or caregiver's card; no protection for landlords if a tenant smokes marijuana; use of marijuana in multi-family housing, and marijuana use when children are present.

Sue Strickland, a member of the westside Neighborhood Council No. 2, said she believes it would be "fine and dandy" for sick people to use medical marijuana as long as "it isn't at someone else's expense."

Strickland said she has plenty of questions, including whether residents can smoke medical marijuana in connected buildings, where smoke could end up where it's not wanted, or in summertime when doors and windows may be open.

"What happens about somebody smoking it in their own yard?" Strickland asked. "I really think it's going to be a nightmare."

Marijuana caregivers and users are expected to begin offering their responses to the city proposal in the coming days.


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