Banning med pot dispensaries passes first reading

Editor's note: This version corrects a reference to whom City Council member Jay Pyette spoke to from Bozeman.

Havre Mayor Tim Solomon cast a tie-breaking vote at Monday’s City Council meeting in favor of an ordinance to ban medical marijuana storefront dispensaries in the city.

The council spilt 3-3 on the proposal. Council members Andrew Brekke, Denise Brewer and Karen Swenson voted for the proposal, while Matthew Boucher, Caleb Hutchins and Jay Pyette voted against it.

Members Terry Lilletvedt and Ed Matter were not present at the meeting.

A vote on the second reading of the proposal is scheduled for the Dec. 18 Council meeting.

The proposed change would prohibit land within the city from being permitted or conditionally permitted for use that is in violation of federal, state or local law.

The council’s Ordinance Committee has held five public hearings and taken public comments on whether the city should ban, regulate through zoning or issue a temporary moratorium on storefronts.

Last week the Committee deadlocked 2-2 on proposals to advance to the full council for a vote on a ban or issue a temporary moratorium on storefronts.

Amber Wells said Monday during a public comment portion of the meeting that she thought a moratorium was the right approach.

“It gives everybody time to make sure we are making the right decision on this for everybody in the town, everybody,” Wells said.

Solomon said that based on his research, the city could legally only put a moratorium on dispensaries for 90 days.

“We would be back here in a few months discussing the same issue and I don’t know if that is really going to change much,” he said.

The changes being discussed by the Montana Department of Public Health and Human Services, he said, pertain mostly to how storefronts and dispensaries operate and don’t provide the city with much guidance.

Solomon, Havre Police Chief Gabe Matosich and other proponents of a storefront ban have said they worry the presence of store fronts could lead to increases in crime and could jeopardize federal grant funding to the city.

Pyette said Monday that he has approached the issue with an open mind and based on his discussions with people in the community.

Montanans have voted to legalize medical marijuana, he said, but because of uncertainty at the federal government and lack of knowledge he could not vote to regulate dispensaries through zoning and would only support a moratorium.

Though the moratorium would be for a limited period of time, it would provide council the ability to get more information from the federal and state government, he said.

Pyette said he recently had a conversation with the Bozeman mayor-elect, Cyndy Andrus, where storefront dispensaries are zoned. Andrus said she does not believe the argument that cities will lose funding if they have storefront dispensaries is a valid one, Pyette said.

Swenson said people have spoken against allowing the dispensaries.

“I think it is important to acknowledge law enforcement, I think it is important to acknowledge the medical community and the private citizens who have all said we have concerns with medical marijuana and storefronts.” she said.

In other business, the council voted 6-0 for a resolution amending the city’s 2018 budget to include $625,715 for the upgrade and purchase of a new fire truck. The resolution says $485,715 of the money comes from a Federal Emergency Management Agency grant, while the remaining $140,000 comes from matching funds.

Council members also voted 6-0 for a second drawdown in the grant in the Community Development Block Grant for the Boys & Girls Club of the Hi-Line.

The next council meeting is 7 p.m. Monday, Dec. 18.