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News (Media Awareness Project) - US MT: County Considers Marijuana Regulations |
| Title: | US MT: County Considers Marijuana Regulations |
| Published On: | 2011-08-03 |
| Source: | Laurel Outlook, The (MT) |
| Fetched On: | 2011-08-09 06:00:51 |
COUNTY CONSIDERS MARIJUANA REGULATIONS
Yellowstone County Commissioners will consider a resolution that will
regulate the business of selling marijuana in the county. The
regulations will prohibit the sale of marijuana from store fronts and
prohibit sales within 1,000 feet of schools, day-cares, churches, etc.
Last week, the commissioners set a public hearing for Aug. 16 at their
regular meeting (9:30 am., 4th floor of the county courthouse) at
which the public will be able to comment prior to their decision.
County Attorney Scott Twito advised the commissioners on the action,
noting that the state legislature (SB 423) gave the authority to local
government to set the regulations on businesses selling marijuana.
They cannot outlaw the business. Pending litigation on the law will
not affect this aspect of it, he said.
Twito explained that options to a resolution include passing an
ordinance or using interim zoning. Of the options, Twito said, he
believed the resolution is best because it deals with the matter as a
civil issue. There are already laws in place dealing with the criminal
aspects of selling marijuana, he said, and an ordinance would only add
to the criminal restrictions and make it more confusing.
The interim zoning approach would be applicable only in the "donut
area" of zoning authority around the City of Billings, and another
solution would still be required for the rest of the county. Twito
said he thought that would add even greater confusion.
County Commissioner Jim Reno asked Twito, "What is the difference
between 'store front' sales and out the back door?"
Twito said that he didn't know but "store front" is the terminology
used throughout the law.
Reno went on to comment that the public hearing will be about whether
they should allow 'store front sales,' and whether it should be set
back from schools and churches.
"It will not be about the merits of marijuana," stated
Reno.
If approved by the commissioners the resolution will be retroactive to
July 1, which is when the new state law went into affect.
Yellowstone County Commissioners will consider a resolution that will
regulate the business of selling marijuana in the county. The
regulations will prohibit the sale of marijuana from store fronts and
prohibit sales within 1,000 feet of schools, day-cares, churches, etc.
Last week, the commissioners set a public hearing for Aug. 16 at their
regular meeting (9:30 am., 4th floor of the county courthouse) at
which the public will be able to comment prior to their decision.
County Attorney Scott Twito advised the commissioners on the action,
noting that the state legislature (SB 423) gave the authority to local
government to set the regulations on businesses selling marijuana.
They cannot outlaw the business. Pending litigation on the law will
not affect this aspect of it, he said.
Twito explained that options to a resolution include passing an
ordinance or using interim zoning. Of the options, Twito said, he
believed the resolution is best because it deals with the matter as a
civil issue. There are already laws in place dealing with the criminal
aspects of selling marijuana, he said, and an ordinance would only add
to the criminal restrictions and make it more confusing.
The interim zoning approach would be applicable only in the "donut
area" of zoning authority around the City of Billings, and another
solution would still be required for the rest of the county. Twito
said he thought that would add even greater confusion.
County Commissioner Jim Reno asked Twito, "What is the difference
between 'store front' sales and out the back door?"
Twito said that he didn't know but "store front" is the terminology
used throughout the law.
Reno went on to comment that the public hearing will be about whether
they should allow 'store front sales,' and whether it should be set
back from schools and churches.
"It will not be about the merits of marijuana," stated
Reno.
If approved by the commissioners the resolution will be retroactive to
July 1, which is when the new state law went into affect.
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