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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 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. 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