Rather than putting an all-out ban on any new medical marijuana businesses, the Bozeman City Commission on Monday night planned to adopt some temporary guidelines while zoning regulations are being established.
Commissioners voted unanimously to hold a special meeting on March 11 to consider an interim zoning ordinance that would at least spell out how close to schools the medical marijuana businesses could be.
When that ordinance is in place, commissioners said the city would spend no more than the next four months drafting permanent rules for where medical marijuana can be grown, sold and used.
"The main issue, at least from this seat, is the 1,000 feet from schools," Commissioner Sean Becker said.
Commissioner Carson Taylor said an interim ordinance would preserve patients' access to medical marijuana while also protecting the city from having cannabis shops open up at inappropriate locations.
The city can't close any medical marijuana shops that they've already allowed.
Under Bozeman's current zoning requirements, patients can legally grow up to six plants at their home.
Providers can grow six plants for every patient they have in areas zoned residential suburban, where agricultural uses are allowed. Those areas are mostly located on the outskirts of town.
The sale of medical marijuana is permitted wherever retail stores are allowed, but not in homes. The city does not allow medical offices as a home occupation.
Interim Police Chief Marty Kent told the commission on Monday night that the city currently has 16 pending applications for business licenses for medical marijuana shops.
Several medical marijuana advocates spoke during the public comment period of the meeting.
Jim Gingery, executive director of the Montana Medical Growers Association, said patients and providers want to understand what the rules are in the city of Bozeman and they'd like to take part in the discussion to create them.
David Kinney, a local medical marijuana provider who serves about 15 to 20 patients, agreed.
"We're not criminals. We don't want to break the law. My motivation is to help people," Kinney said.
Becky Franks, executive director of the Wellness Community, a cancer support center in Bozeman, said patients shouldn't have to "go meet Louie in the hood" to get their marijuana. But, she said there should be some rules for the controlled substance.
"What if we had alcohol on every corner?" Franks said. "What if we didn't regulate that at all? … What if we didn't have open container (rules)?"
Montana voters overwhelmingly passed an initiative legalizing marijuana for medical use in 2004. Growers kept their operations small and out of sight until the Obama administration announced in October that the federal government wouldn't prosecute people following their state's laws.
In Montana, a licensed medical marijuana patient can only legally buy from one caregiver, whose name is printed on the back of his or her state license.
In other business on Monday night, Brian Leland announced that the Green Coalition of Gay Loggers for Jesus has obtained a street closure permit from the city for an all-day celebration on the Fourth of July.
Leland, head of the coalition, started the group last summer to protest the way the city granted a similar permit for the holiday to the Bozeman Tea Party, a group protesting government spending and the national debt.
The two groups held dueling demonstrations downtown last year.
Leland said this year's July Fourth celebration is expected to feature a parade, car show, bike races and live music.
"The attempt here is to head off any political confrontation," Leland told the commission. "This is strictly a community type event … There are many times to debate what's wrong with America. The Fourth of July is about what's right with America."
Amanda Ricker can be reached at aricker@dailychronicle.com or 582-2628.
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