Pubdate: Mon, 25 Jul 2011
Source: Billings Gazette, The (MT)
Copyright: 2011 The Billings Gazette
Contact: http://billingsgazette.com/app/contact/?contact=letter
Website: http://www.billingsgazette.com/
Details: http://www.mapinc.org/media/515
Author: Clair Johnson, The Gazette Staff 
Referenced: Draft Resolution On Storefront Medical Marijuana:
http://mapinc.org/url/8QgqRqUg

YELLOWSTONE COUNTY COMMISSIONERS TO SET HEARING FOR MEDICAL MARIJUANA STOREFRONT BAN

The public will get to weigh in on whether Yellowstone County should
ban storefront sales of medical marijuana.

During a discussion meeting Monday, commissioners followed the advice
of County Attorney Scott Twito to hold a public hearing before voting
on a proposed resolution.

A public hearing and vote on the resolution are set for Aug.
16.

Twito briefed commissioners about a section of Senate Bill 423 that
gives local governments the option to ban medical marijuana
storefronts to protect public health, safety or welfare.

Twito also provided for review a draft resolution that would regulate
the sale of medical marijuana but would not ban sales, he said.

A resolution of intent will be considered on Aug. 2, with two notices
on Aug. 4 and 11, and the public hearing and vote on Aug. 16.

Commissioner Jim Reno, who had placed the issue on the discussion
agenda earlier, had said a public hearing wasn't necessary.

But Twito urged the commission to hold a public hearing because
"people in Yellowstone County have a right to be heard," he said.

Twito called the draft resolution consistent and fair.

The draft document calls for prohibiting storefront sales of medical
marijuana and banning sales from within 1,000 feet of schools, daycare
centers, churches or youth centers to "protect and preserve the public
peace, health and safety."

Twito recommended using a resolution to accomplish the goal because it
would apply to all of the county and would result in a civil, not
criminal, action if there are violations.

Passing an ordinance would make violations a crime, and his office
already has a lot of crimes to prosecute, Twito said. And using
interim zoning, which would apply to only a portion of the county
around the city of Billings, could lead to confusion, he said.
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MAP posted-by: Richard R Smith Jr.