Bozeman Commission Meeting July 26th

The second reading of the final ordinance regarding Medical Marijuana in Bozeman will be held on July 26th at 6pm at the Bozeman City Hall. The MMGA has taken exception to the CAP on Caregivers in Bozeman which will put additional strain on Patients in Bozeman by putting a number of Caregivers potentially out of business. The CAP as stated in the current ordinance is likely have a significant negative impact for legitimate Caregivers attempting to operate transparent and within the law and could likely encourage an increase in black market activities. The MMGA has recommended to the Bozeman City Commission to modify the Caregiver CAP to specifically limit store front locations. The letter to the City Commission is provided below:

"Mayor Krauss & City Commission Members:
The CAP proposal for caregivers in Bozeman initiated at the July 12th Commission meeting is, in my opinion, a cause for great concern. Please be assured that the Montana Medical Growers Association and its members are working diligently to ensure full compliance by the medical marijuana community with changing State and local regulations. As you are aware, the MMGA has worked for months with Bozeman City officials to help insure that potential regulations and guidelines meet the needs and concerns of the City, its citizens, and the local members of the medical marijuana community.

There are significant logistical issues to the CAP portion of the ordinance as currently written. Recognizing the City’s need to implement appropriate guidelines for this new industry, we appreciate the opportunity to continue to provide recommendations that accomplish our respective goals.

The biggest issue concerning most cities is the visibility and number of store front locations. A CAP proposal on the number of store fronts is clearly reasonable and is the recommended focus for controlling issues that may be of general public concern.
It is important to discuss the need for both home delivery based and storefront based businesses. Many patients require the confidentiality and ease of home delivery. Others are able to get to a storefront location and can acquire their medicine in this manner.
I urge the Commission to review their decision based on the attached information and consider the alternative recommendation:

Based on the State’s interest in further defining the caregiver role, we suggest that the City take the opportunity to lead by identifying caregivers living and working within the City limits. Licensing opportunities and fees could be based as follows:

Storefront license at the proposed $25/$75 fee. To limit the number of storefronts within the City limits focuses on the real issue of the public. The recommendation is to propose an initial limit of 30 storefronts within the City. This number would be reviewed periodically and licenses could be added to accommodate the need as patient count increases in the city. Inspections would be appropriate for building and medicine security, proper credentialed workers, reviewing sales to insure medicine is only sold to qualifying patients, and that product inventory does not exceed legal limits.

Grower’s license for commercial grow locations at the proposed $25/$75 fee. It is not necessary to CAP commercial grow locations based on other proposed grow regulations. Inspections would be appropriate for fire and safety, electrical, odor abatement, proper credentialed workers an plant and inventory count versus patient cards.

Delivery license at $25 per license. This would be required of any caregiver delivering medicinal product to more than three (3) patients in the City, regardless of their domicile or business location. The delivery license would not have a CAP of any kind as it has no significant public impact. No inspection should be necessary.

As reference, I asked Mr. Sullivan about the current number of Accepted and In Review applications. I am aware of other Caregivers attempting to source appropriate store front locations and as such are not yet applied for, but may be necessary to provide appropriate standard of care for Patients as well as many Caregivers currently delivering in Bozeman that will need to submit a license applications once all of the new regulations are in place. Once the zoning restrictions are finalized we can geet a much better number on potential applications.

Current Application Totals:

Store Front 7 Approved - 7 In Review
Delivery 9 Approved - 14 in Review
Grow 0 Approved - 1 In Review
Other 1 Approved - 1 In Review

Capping the number of storefront operations while allowing those caregivers living and working with patients in the City to conduct their business is a more than viable option for the Commission to adopt. The City and the Commission should reconsider the current ordinance proposal and adopt one that will insure the continuing compassionate care that medical marijuana patients require and support the entrepreneurial spirit of this new industry. Additional support material for this recommendation is provided in the attached.

I would be happy to talk with any members of the Commission regarding this topic. With consent of the Mayor, I would appreciate an opportunity to bring this topic forward at the upcoming Public Comment portion of Mondays Commission Meeting. If the 3 minute time limit could be extended if necessary to answer questions, it would be greatly appreciated.
Respectfully,

Jim Gingery
Executive Director
Montana Medical Growers Association
406 640 0910