HomeMy WebLinkAbout10-11-21 Public Comment - B. Ortega - Marijuana ZoningFrom:Brian Ortega
To:Agenda
Subject:Marijuana Zoning Comment
Date:Monday, October 11, 2021 10:48:24 AM
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Hello,
My name is Brian Ortega and I am an attorney with Montana Business Law. We represent a lot of
business who are licensed under Department of Revenue either as liquor licensees or marijuana
licensees. I wanted to comment on the increased distance requirement above the Montana
Department of Revenue’s requirements.
The law preventing alcohol business to be located within a certain amount of feet from school or
churches, etc. has been around in the alcohol industry for a long time. The distance prevents alcohol
businesses from opening too close to school or churches. The distance law does not apply to an off-
premise license. An off-premises license allows customers to purchase beer or wine at the grocery
store, gas station, wine gallery, etc., and then take the beer or wine home to consume, but no
consumption is allowed on the premises (or outside because of open container laws).
A marijuana dispensary license is closest to the off-premise license, such as a gas station where
someone over 21 can purchase beer/wine and then take the beer/wine home. For a dispensary
license, all that is allowed is for a customer/patient to purchase the marijuana, leave the premises,
put the marijuana in the glove box of the car, and drive away. If the marijuana businesses and their
employees do not enforce these laws, then the Montana Department of Revenue can issue
violations, suspend, or revoke the license. If the customer/patient do not follow these laws the
customer risks criminal charges.
As no marijuana product can be smoked or consumed on the premises or in the parking lot or public
spaces, the additional zoning does not create a safer environment for children or church members.
The increased distance just makes it tougher for these legal businesses to find locations and will only
shift the industry towards the illicit market vs the new highly regulated legal market.
Please let me know if you have any questions.
Thanks,
Brian Ortega
Montana Business Law
(406) 551-6080 ext 101
mtbusinessattorney.com