Lawmakers could limit where marijuana businesses can operate

HELENA — On Thursday, Montana lawmakers heard testimony on a invoice that might put new limits on the place marijuana companies can function.

Supporters mentioned it might deal with some native communities’ considerations concerning the trade, however enterprise homeowners referred to as it an pointless imposition.

The Home Human Companies Committee held a listening to on Home Invoice 265, sponsored by Rep. Tanner Smith, R-Lakeside. The invoice would make two main modifications: growing the minimal distance between marijuana companies and faculties or locations of worship, and prohibiting new marijuana dispensaries in areas the place voters opposed the 2020 legalization vote.

At the moment, the doorway to a marijuana enterprise should be not less than 500 toes from the doorway of any college or place of worship, in the event that they’re on the identical road. HB 265 would enhance that distance to a minimal of 1,000 toes between any corners of the buildings. Companies nearer than that must shut or relocate by January 2024.

Smith mentioned he was involved a few dispensary that opened behind Lakeside Elementary College and which was not topic to the present rule as a result of it’s on a unique road.

As well as, residents in Roberts protested against a dispensary that opened throughout the freeway from their college, however once more was allowed as a result of it was on one other road. That dispensary is at present closed, after Carbon County leaders put in additional zoning restrictions for marijuana companies.

Roberts Public Faculties superintendent Alex Ator testified in favor of the invoice, saying the dispensary had been seen from his college’s playground.

“Our eight-year-olds, each time they go down that slide and see, ‘Marijuana dispensary, marijuana dispensary, marijuana dispensary,” he mentioned. “And that signal is now down, however that signal was up for 4 months. And that’s the repetition of apply that our youngsters received coming off the slide.”

HB 265 would additionally block the state from approving any new adult-use or medical marijuana dispensary licenses in voting precincts the place nearly all of voters opposed Initiative 190, the 2020 poll measure that legalized leisure marijuana within the state. Current dispensaries in these areas can be allowed to stay, except their licenses are suspended or revoked.

In 2021, the Legislature authorized Home Invoice 701, which arrange the present framework for the state’s marijuana trade. It established that, normally, adult-use dispensaries can be allowed in so-called “inexperienced counties” the place extra voters supported I-190, and prohibited in “pink counties” the place extra voters opposed it.

Nonetheless, it supplied strategies for counties to change from pink to inexperienced and vice versa, and for cities to carry elections to ban marijuana companies.

Smith mentioned, whereas the legislation offers cities the ability to ask voters to ban marijuana companies, it doesn’t present that authority for unincorporated communities. He mentioned HB 265 would offer protections for rural areas that usually opposed legalization.

“These small cities with 1,000 to 4,000 folks don’t have any metropolis council, and subsequently don’t have any illustration,” mentioned Smith. “They’re out on an island and ruled by nearly all of the folks within the nearest metropolis. The county commissioners might have handed ordinances – some did, however many didn’t; Flathead County didn’t.”

Representatives of marijuana companies mentioned Thursday that there was no want for this invoice, as counties have the ability to place stricter setback necessities and lots of different laws in place in the event that they select.

“If we now have native issues with marijuana, let our native governments take care of that,” mentioned Pepper Petersen, president and CEO of the Montana Hashish Guild. “Flathead County has all the energy to do what they need of their county, as per 701.”

Petersen mentioned marijuana companies take critically the authorized necessities to not promote to these youthful than 21 or enable them on the premises, and he objected to proponents’ characterizations of the trade.

Opponents mentioned many present dispensaries are throughout the 1,000-foot restrict that the invoice would set and must transfer, and the provisions permitting current companies to remain in precincts that rejected I-190 weren’t sturdy sufficient.

Kate Cholewa, with the Montana Hashish Trade Affiliation, mentioned the testimony hadn’t actually defined the total influence on marijuana companies.

“Actually, the best way this invoice is ready up, it’s in some methods, type of like setting the chessboard to select off dispensaries all through the state,” she mentioned.

Additionally throughout Thursday’s listening to, the committee heard testimony on Home Invoice 286, which might enable cash from Montana’s HEART Fund to go towards youth suicide prevention. The HEART Fund receives $6 million a 12 months in tax income from Montana marijuana gross sales – cash that’s then leveraged for added federal matching funds.

Advocates mentioned Thursday that they anticipated to have the ability to use HEART Fund {dollars} for suicide prevention work, however the language didn’t clearly enable it, and this invoice would resolve that concern.