A 91-day moratorium on marijuana businesses in Great Falls took effect Wednesday. Meanwhile Cascade County sought to limit such businesses outside the city. Great Falls caregiver Joy Spencer said she believes the moratorium means "you just can't open up a (storefront) business" to provide medical marijuana in Great Falls' city limits during that time period.
"I'm trying to follow whatever laws they put down," Spencer said.
She said she plans to continue serving her patients under Montana's medical marijuana statute. Voters approved marijuana for seriously ill people or those in chronic pain in 2004. Patients must be approved by a doctor to be eligible to be prescribed marijuana. Great Falls city government staff members plan to research issues surrounding medical marijuana during the moratorium and get back to the City Commission in the spring. Some marijuana caregivers have talked about doing business outside the city limits, but Cascade County restricts those possibilities.
Susan Conell, Cascade County senior planner, said one marijuana business was given a cease-and-desist order within the last week for operating along Stuckey Road in an area zoned for business use. After consulting with legal staff, the county determined that marijuana businesses will be allowed only in heavy industrial districts, she said. Heavy industrial districts, or I-2 zones, allow "all uses not otherwise permitted by law," Conell said. She added that Cascade County's zoning laws contain no mention of medical marijuana as being prohibited or permitted. She said she is conducting additional research on the topic for county officials, including commissioners.
Heavy-industrial districts in the county include property north of Black Eagle and another property south of Giant Springs, near where Source Giant Springs bottles spring water. The industrial area near Giant Springs has been touted by development officials as a good spot to create shovel-ready sites where new or expanded businesses could locate.
City commissioners Tuesday night voted to enact the moratorium by a 4-1 vote. Dissenting Commissioner Mary Jolley said the city's action could prevent some patients from obtaining marijuana, and she quoted from a Colorado court decision overturning a similar local action there. Last week, city workers told two licensed marijuana caregivers who located downtown to close down operations there. To date, no marijuana caregivers have received permits to conduct their businesses in Great Falls.
Acting City Attorney Chad Parker said recently that caregivers will not be allowed to charge for marijuana in the city during the moratorium, though they could give it away for free. He said patients can still grow their own marijuana.
Parker and Planning Director Michael Haynes could not be reached Wednesday to further elaborate on the moratoriums effect on medical marijuana businesses in Great Falls.
( Things are really popping since Obama told the DEA to cease......;)...Ded....)