City Commission denies second marijuana dispensary appeal
City Commissioners denied an appeal of a staff decision not to process a safety inspection certificate during an Aug.10 special meeting.
Emma Albers had applied earlier this year for a safety inspection certificate for a marijuana dispensary in the city limits.
City planning board rejects proposed marijuana regulations
All land uses for marijuana, such as sales, cultivation, testing and other activities are currently prohibited in the city’s zoning code since the code prohibits any land uses that are prohibited by federal law.
The prohibition is in the city land use code and does not address the use or possession of marijuana by individuals. Those issues are covered under state law.
City votes to send marijuana question to the November ballot
Albers was the second applicant for an SIC for a marijuana dispensary in the city limits.
Dale and Janel Yatsko had also applied in the spring. The city did not process either application since code currently prohibits dispensaries.
The Yatsko’s appealed and the commissioner upheld the staff decision during an April hearing.
City holding public hearing on sending marijuana to November ballot
During that meeting, commissioners asked staff to look at sending the question of whether marijuana operations should be allowed in the city to the voters.
Earlier this month, commissioners voted to send the question to the November ballot.
Commissioners voted 4-1 during the Aug. 10 meeting to uphold the staff decision in the Albers appeal as well.
The Yatsko’s filed a lawsuit in District Court arguing that the city didn’t have the authority to prohibit marijuana business operations.
Locals petitioning to send marijuana question to November county ballot
The city is arguing that it has self-governing powers to establish regulations within the city.
The civil lawsuit was filed in June and a hearing is scheduled for June 11 in the case, but it’s unlikely the judge will make a determination this week.
Dispensary owners file lawsuit challenging city prohibition of marijuana sales
Jeff Hindoien, city attorney, said the timing of the multiple issues is interesting since the city is sending the question to the November ballot and that has to be decided about now to meet state law requirements.
City staff is working on a regulatory framework should the court or voters decide that marijuana operations should be allowed within the city limits.
The city commission will consider the proposed regulations during their Aug. 16 meeting for a first reading and a public hearing is scheduled for Sept. 6.
