Commissioners pass resolution, to hold public hearing on marijuana

The Phillips County Commissioners recently passed a resolution prohibiting the operation of medical marijuana storefronts pursuant to the Montana Medical Marijuana Act and will host a public hearing to hear thoughts on adopting zoning ordinances to further prohibit medical marijuana storefronts in the county.

“The Phillips County Commissioners are calling for a public hearing to receive public input on whether or not to adopt a zoning ordinance to prohibit the growth, sale, and distribution, of medical marijuana, and any establishment attempting to grow, sell, or distribute medical marijuana or paraphernalia in Phillips County, outside the incorporated boundaries of the City of Malta, Town of Saco, or Town of Dodson, the public notice reads (see entire notice on page 2B.)

The meeting will be held at Phillips County Courthouse on Monday, August 21 starting at 1:30 p.m. Members of the public will be encouraged to offer comment on the proposed ordinance and any persons not able to attend the hearing may submit written comments prior to the hearing, by sending or delivering such comments to the Board of County Commissioners, PO Box 360, Malta, MT, 59538.

Medical marijuana was legalized in the State of Montana in 2004 and last year, voters approved Montana Initiative 182. The initiative calls for repealing the three-patient limit for medical marijuana providers. The initiative passed with 57-percent yes votes in the 2016 election, but in Phillips County, voters no-voted the measure 1,252 to 907.

Montana Department of Public Health and Human Services Registry Information states that there are currently 15,563 patients with current enrollments in the state, 615 providers with patients and 205 physicians with patients. Also, as of May of 2017, Phillips County currently has 33 cardholders and 0 providers, Hill County has 177 and 3 and Valley County 63 and 1, according to DPHHS.

According to an online marijuana dispensary locater, Montana currently has 36 medical marijuana storefronts, mostly located in bigger cities such as Missoula and Billings (though there are stores in smaller municipalities such as Belgrade and Columbia Falls.) There are no medical marijuana storefronts in Phillips, Valley or Hill counties, according to the website.

Montana Code Annotated 50-46-328 states that in order to protect the public health, safety, or welfare, a local government may by ordinance or resolution regulate a provider or marijuana-infused products provider that operates within the local government's jurisdictional area. The regulations may include but are not limited to inspections of locations where marijuana is cultivated or manufactured in order to ensure compliance with any public health, safety, and welfare requirements established by the department or the local government. The code also says a local government may adopt an ordinance or resolution prohibiting providers and marijuana-infused products providers from operating as storefront businesses.