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County Rejects Zoning Appeal for Medical Marijuana Shop

County Rejects Zoning Appeal for Medical Marijuana Shop

By KFBB News Team

Story Created: Mar 12, 2010 at 5:54 PM MST

Story Updated: Mar 12, 2010 at 5:54 PM MST

As the number of medical marijuana card-carriers continues to rise--so does the concern over where patients can buy it. Members of the Cascade County Zoning Board of Adjustments heard an appeal from a Helena man who wants to sell medical marijuana just outside of city limits.

While many areas are imposing moratoriums on medical marijuana grow and dispensary operations--Cascade County is not. But current zoning regulations limit such facilities to heavy industrial districts only. That is why Joshua Schultz of Helena is appealing the planning department's decision to keep his proposed operation out of this building--in an area zoned for business use.

"It was our opinion--the board's opinion--that the Planning Director did properly interpret the zoning statute," Vice Chair Tim Wilkinson said after the meeting.

That statute states that any legal business that does not fit into any other zoning categories is permitted in a heavy industrial, or I-2 area. But Schultz and his attorney, Carl DeBelly, say the dispensary is similar enough to businesses allowed in areas zoned for business use.

"We believe it is a decision that was not rationally made,” DeBelly said. “And we are disappointed by this decision."

Schultz explained to the board how his business would work--noting that he would not store marijuana in the building overnight, or grow plants at the location.

Several supporters spoke to the board, but board members noted that Friday's meeting was about this appeal only, and not about changing the current zoning regulations.

While changing those regulations could be the next step for supporters, county leaders note that the subject of medical marijuana was not discussed during the most recent zoning regulation hearings in the fall of 2008.

"Nothing was brought up regarding that--and that's why it was left to an I-2 district," Wilkinson explained.

Schultz's attorney says they will consider several options for the future, including appealing the board’s decision in District Court or finding a new location in an area zoned for heavy industrial use, though Schultz did enter into a 12 month lease at his current location-- which is now being used as a gardening store.

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buck said on Saturday, Mar 13 at 3:45 PM

Don't you just love goverment employees that excersize power just because they can?

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