Pubdate: Thu, 30 Sep 2010 Source: Helena Independent Record (MT) Copyright: 2010 Helena Independent Record Contact: http://helenair.com/ Details: http://www.mapinc.org/media/1187 Author: Allison Maier, Independent Record COMMISSION OPENS DEBATE ON POT BUSINESSES IN HELENA Joining several local governments in the state of Montana that have already done so, the Helena City Commission on Wednesday held its first public discussion about medical marijuana -- though the talk ended on a somewhat less-than-decisive note. "I don't sense any consensus here amongst the five of us right now," said Mayor Jim Smith at the end of the hourlong conversation. Though no decisions were made, Commissioner Matt Elsaesser noted that it was an important first step nonetheless. Under the city's current general licensing ordinance, businesses that wish to distribute medical marijuana are not allowed to do so. This is due to a section in the document that states that business licenses cannot be granted to "any trade, business, occupation, vocation, pursuit, profession or entertainment prohibited by any law of the United States or this state, or by any provision in this code." Since federal law deems marijuana illegal, medical marijuana distributors have been prohibited from setting up shop in city limits, said City Manager Ron Alles. Some have opened up anyway, he added, and citations have either reached those establishments or are likely on their way. If the commission decided it wanted to allow those businesses within the city, Alles said, it would simply have to change the business ordinance. Though the city could decide to make zoning changes as well, he said, they wouldn't be necessary since the businesses would be able to open in any areas that allow for retail. But Alles recommended that the city commission wait to take any action until after the 2011 legislative session, since the state could end up altering its current law, which allows for the use of medical marijuana. It's a sentiment that was echoed by Smith, who said he would be happy to consider changing the city's laws after knowing what the Legislature decides. He said he already knows of five bills that propose either repealing or revising the current Montana law. "I don't want to put myself or the community through an ordinance revision not knowing that we're going to be on sound legal ground when we're all done," he said. Commissioners Dan Ellison and Dick Thweatt leaned toward the mayor's position that there would be no harm in waiting, but commissioners Paul Cartwright and Elsaesser advocated for more immediate action. Cartwright said it would be beneficial to change the ordinance in order to send a message to the Legislature that the city favors regulation over prohibition. He said it would be best to establish policies that would place medical marijuana businesses in the most public places possible so their operations would occur under the watchful eye of the surrounding community. "Social control is much more effective than police control," he said. Elsaesser similarly noted that it's important to protect the people with a legitimate medical need for marijuana while making sure it stays out of the hands of the people who have other intentions for the drug. If transactions aren't allowed to take place in the city, he said, it's important to consider where they will end up instead. He deemed it a public health and safety concern. Elsaesser advocated for emergency zoning as a way to quickly allow for medical marijuana businesses to open in the city, but Alles and Deputy City Attorney Thomas Jodoin advised that it wouldn't be the best solution, since it's a route that is most commonly used to prohibit something rather than allow it. An example, said Community Development Director Sharon Haugen, was the use of emergency zoning to address an adult bookstore in downtown Helena. "It's not an emergency to allow something," Jodoin said. Cartwright commented on what he described as the "mess" created by the opposing state and federal policies regarding marijuana, adding that he thinks such discrepancies will continue to become more common. Though no action was taken on the issue, the mayor invited the public to contact the commission with any thoughts on the subject. The discussion had been listed as "Business License Ordinance enforcement" on the city's administrative agenda, though Elsaesser had commented that the subject in question was medical marijuana during the commission's public Monday night meeting. Only one person attended the Wednesday meeting to offer public comment - Paul Schmidt of Sleeping Giant Caregivers, who said he has received word from the city about his business but wouldn't go into details. He offered the commissioners assistance in their efforts to find a solution and said he appreciated that they were having the discussion. - --- MAP posted-by: Jo-D