Pursuant to specific statutory authority conferred by MCA Sec 7-5-104 and BMCC Sec. 2-235, the Billings City Council enacted Emergency Ordinance 11-5537 on July 5th, 2011, prohibiting medical marijuana providers from operating storefront businesses in the City of Billings for a 90-day period effective immediately upon passage. Senate Bill 423, Section 13(2) passed by the 2011 Montana Legislature specifically authorized local governments to enact ordinances prohibiting such storefront businesses.

The attached permanent ordinance defines “storefront” medical marijuana businesses and permanently prohibits them from operating in the City of Billings. The attached proposed ordinance prohibits any open and visible display of marijuana, marijuana products, and depictions of marijuana, in a manner visible from the exterior of any building or structure wherein a provider operates a medical marijuana business. The ordinance also prohibits any provider from allowing members of the general public to access the provider’s place of business, and restricts access to cardholders registered with that provider and persons seeking to become cardholders registered with that provider.

The City Council may:

•Approve the attached permanent ordinance defining medical marijuana “storefront” businesses, and prohibiting the operation of medical marijuana storefronts in Billings; or
•Disapprove the proposed ordinance; or 
•Take no action; or
•Postpone action to another time.

Enforcement of Senate Bill 423 and the attached permanent ordinance prohibiting medical marijuana storefront businesses will likely have an impact on law enforcement and code enforcement allocation, although the exact costs cannot be defined.

Staff recommends the Council approve the attached ordinance.