The common council of the city of Hardin, Montana, adopts this section 11-1-2-5 based upon the following findings:
A. The voters of the state of Montana approved initiative number 148, the Montana medical marijuana act in 2004;
B. Chapter 46, title 50, Montana Code Annotated enables persons who are in need of marijuana for specified medical purposes to obtain and use it under limited, specified circumstances;
C. As provided by chapter 2, title 76, and chapter 12, title 16 of the Montana Code Annotated, to protect the public health, safety, and welfare, it is the desire of the common council to modify the Hardin zoning ordinance to be consistent with chapter 46, title 50, Montana Code Annotated; and
D. The state department of public health and human services has responsibility for certifying providers and qualifying patients for the use of marijuana.
E. The voters of the state of Montana approved initiative number 190, the Montana Marijuana Regulation and Taxation Act in 2020, which legalized the recreational use of marijuana for adults twenty-one (21) years of age, or older. (Ord. 2010-15, 7-6-2010; Ord. 2021-02, 9-21-2021)