(A) The purpose of this article is to implement the provisions of the Montana Marijuana Regulation and Taxation Act MCA 16-12-101 et seq. (the "Act"). The provisions of this article shall apply to all marijuana business within the city, including both medical and recreational marijuana cultivation, manufacturing, transporting, testing and dispensaries, unless otherwise stated herein.
(1) Any individual or entity licensed under this article to conduct any marijuana business, in addition to the requirements of this article, is subject to all other requirements of this code, the Act, and any applicable administrative rules established by the state or city. Should such rules or laws change, any person or entity licensed under this article shall immediately come into compliance with any newly adopted rules.
(2) Notwithstanding the above, nothing in this code shall be construed to authorize any individual or entity to perform any act or conduct any enterprise not in conformance with state law.
(3) Compliance with this code does not shield any person, corporation, or other legal entity from the requirements of, or enforcement by, other governing entities, or from civil liabilities.
(B) (1) Each individual or entity issued a license under this article shall at all times maintain authorization from the state to acquire, possess, cultivate, manufacture, deliver, transfer, test transport, dispense or sell marijuana. Failure to maintain applicable licensure(s) with the state is cause for immediate suspension of a license issued under this article, may be cause for revocation resulting in a moratorium on an individual or entity's ability to engage in marijuana business, and may be cause for criminal prosecution as provided by law.
(2) Incorporation of state law. For the purposes of this article, words, phrases and expressions, not otherwise defined below, are subject to the definitions set forth in MCA 16-12-102. The provisions of state code and any rules or regulations promulgated thereunder are incorporated herein by reference except to the extent that more restrictive or additional regulations are set forth in this article.
(C) Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section.
ADULT-USE DISPENSARY. A premises licensed by the state from which marijuana or marijuana products may be sold and obtained by registered cardholders, persons 21 years of age or older, or both.
CULTIVATOR. A person licensed by the state to plant, cultivate, grow, harvest, and dry marijuana; or a person licensed by the state to package and relabel marijuana produced at the location in a natural or naturally dried form that has not been converted, concentrated, or compounded for sale though a licensed dispensary.
DISPENSARY. Both an adult-use dispensary and/or a medical marijuana dispensary.
LICENSEE. A person holding a state license issued pursuant to state law and a city marijuana license.
MANUFACTURER. A person licensed by the state to convert or compound marijuana into marijuana products, marijuana concentrates, or marijuana extracts and package, repackage, label, or relabel marijuana products as allowed under state law and this article.
MARIJUANA. All plant material from the genus Cannabis containing tetrahydrocannabinol (THC) or seeds of the genus capable of germination. This term does not include hemp and its derivatives as specified in MCA 16-12-102(20)(b) or (c).
MARIJUANA BUSINESS. A cultivator, manufacturer, adult-use dispensary, medical marijuana dispensary, combined-use marijuana licensee, testing laboratory, marijuana transporter or any other marijuana business or function that is licensed by the state and city.
MARIJUANA PRODUCT. A product that contains marijuana and is intended for use by a consumer by a means other than smoking. The term includes but is not limited to edible products, ointments, tinctures, marijuana derivatives, and marijuana concentrates.
MEDICAL MARIJUANA. Marijuana or marijuana products that are for sale solely to a cardholder who is registered with the state.
MEDICAL MARIJUANA DISPENSARY. The location from which a registered cardholder may obtain marijuana or marijuana products.
REGISTERED CARDHOLDER or CARDHOLDER. A Montana resident with a debilitating medical condition who has received and maintains a valid registry identification card issued by the state.
TESTING LABORATORY. The qualified person licensed by the state that provides testing of representative samples of marijuana and marijuana products; and provides information regarding the chemical composition and potency of a sample, as well as the presence of molds, pesticides, or other contaminants in a sample.
(D) Location of Marijuana Related Businesses.
(1) Any business engaged in the manufacture or sale of marijuana products shall not be located:
(a) Outside ½ block of Highway 93 in the zone designated commercial mixed residential.
(b) Within 300 linear feet of a church, synagogue, or place of worship within the city limits of Ronan;
(c) Within 300 linear feet of any building, facility, or park owned, or operated by the City of Ronan;
(d) Within 1,000 linear feet of all public schools or private schools, not including home schools, which provide instruction in the class range from kindergarten to 12th grade and which are either subject to MCA § 20-5-402 or listed as a kindergarten provider by the Lake County Superintendent of Schools;
(e) Daycare licensed by the State of Montana; or
(f) The Boys and Girls Club.
(2) For purposes of this section, the distance shall be measured in a straight line from the center of the nearest entrance of the church, synagogue, or place of worship within the city limits of Ronan; building, facility, or park owned, or operated by the City of Ronan; Daycare licensed by the State of Montana; and the Boys and Girls Club, to the nearest entrance of the licensee's premises.
(3) For the purposes of this section, the term private school shall include where the classes range from kindergarten to 12th grade, and which are either subject to M.C.A. § 20-5-109 or are listed as a kindergarten provider by the Lake County Superintendent of Schools.
(4) Marijuana businesses who have licenses through the State of Montana existing at the time of passage of this ordinance are not subject to the distance requirements of this ordinance for their present location. In the event branch establishments are opened or the marijuana business moved, the distance requirements shall apply.
(E) Special Marijuana Business License. Operation of any marijuana business authorized by Montana Initiative I-190 or HB-701 within the city limits of Ronan must comply with the following provisions:
(1) Apply for a special business license;
(2) A manufacturer shall pay a $5,000 annual license fee at the beginning of each calendar year. Said license is not pro-rated if new license is obtained after January 1 of any given year;
(3) A cultivator, adult-use dispensary, medical marijuana dispensary, combined-use marijuana licensee, testing laboratory, marijuana transporter, or any other marijuana business or function that is licensed by the state and city shall pay a $1,500 annual license fee at the beginning of each calendar year. Said license is not pro-rated if new license is obtained after January 1 of any given year;
(4) Zoning conformance approval;
(5) May not operate outside the hours of 9:00 AM to 8:00 PM;
(6) No vending machines that dispense marijuana or marijuana products may be maintained or operated;
(7) May not operate with a drive-thru or drive-up window;
(8) May not allow any person under 21 years old to enter the marijuana business;
(9) All products sold must contain all labeling, warnings, and packaging required by the State of Montana, found at ARM Notice No. 42-1033 at Rules X-XV.
(10) Product may not be sold preloaded into a syringe or other mechanism allowing for the intravenous use of the product.
(F) Separate license for multiple establishments. A license must be obtained in the manner prescribed herein for each branch establishment or location of a marijuana business, as if each such branch establishment or location were a separate business.
(G) Single license required for multiple marijuana business activities occurring at same location with same owner except manufacture license. A separate city marijuana license is not required for each type of marijuana business occurring at the same location, except a manufacture license, so long as the operations belong to and are controlled by the same legal entity for each marijuana businesses. Applicants seeking a city marijuana license who engage in two or more marijuana businesses at the same location must disclose the various marijuana businesses that will occur at the location and must provide proof of applicable state licensures for each marijuana business and ensure compliance with the zoning ordinances prior to conducting any marijuana business within the City. A separate manufacture license is required for multiple marijuana business activities occurring at the same locate.
(H) Change of location. A licensed marijuana business may change the location of the licensed business provided that the licensee shall comply with zoning, building, engineering, and fire regulations. A change in location requires a new marijuana license application and fee be submitted for approval.
(I) No transfer of license. City marijuana licenses may not be transferred. Any change in ownership requires a new city license be obtained in the manner prescribed herein.
(J) No license required. No marijuana license is required for individuals or businesses engaged in professional activities related to marijuana businesses whose work occurs in premises where marijuana or marijuana products are not physically present or handled, including but not limited to a duly licensed medical doctor who reviews a person's medical condition for purposes of recommending medical marijuana and who does not provide marijuana to a registered cardholder. No marijuana license is required for those who pass through or enter into the city within the scope and course of their employment related to marijuana business but who do not conduct their operations or business in the city.
(K) Denial, Suspension, or Revocation of marijuana business licensure.
(1) The City may deny, suspend, or revoke a license for a marijuana business if the City has reasonable cause to believe the licensee has, or the issuance of the City license to the licensee would, violate a provision of this code or state law. The City Mayor may suspend or revoke any marijuana license if the City Mayor learns a licensee's state license(s) have been suspended or revoked. A licensee's City Special marijuana Business license shall be suspended until a final adjudication on the state license, including any penalty imposed by the state has been satisfied and the state license is reinstated. While a license is suspended or revoked, a marijuana business is prohibited from engaging in marijuana business within the city. A marijuana business operating without a license may result in criminal prosecution under MCA Title 45.
(2) An applicant may appeal any decision of the city to deny, suspend, or revoke a marijuana license provided for by this chapter to the 20th Judicial District Court of Montana. An appeal must be made by filing a complaint setting forth the grounds for relief and the nature of relief demanded with the district court within 30 days following receipt of notice of the city's final decision.
(L) Inspection. As a condition of receiving a marijuana license under this article, a city employee, including but not limited to all police, fire, building inspectors, city engineers, zoning officials, and other employees or officials designated by the city mayor, may without notice during normal business hours inspect any premises under license pursuant to this article to determine compliance with the Act and any other state or local regulations. All persons authorized herein to inspect licensees and businesses shall have the authority to enter, with or without search warrant during normal business hours, premises which require a marijuana license, premises holding a marijuana license, and premises for which the marijuana license has been suspended or revoked.
(M) State law superseded and applicable. The provisions of this article shall supersede the Act in so far as this division expands the limitations on the use of marijuana authorized under by the Act. All other provisions of state law related to marijuana shall be applicable.
(N) No private right of action. Nothing in this article shall be construed to create a private right of action regarding the acquisition, possession, cultivation, manufacture, delivery, transfer, transport, and sale or dispensing of marijuana.
(O) Number of licenses within city limits. No more than one license in each category of marijuana business may be issued for each 1,000 people in population within the city limits of the City of Ronan. The population shall be determined by the last census or other official determination of population by the State of Montana or City of Ronan.
(P) Automatic review of board of adjustment decision by City Council. In the event the Board of Adjustment grants a variance to a marijuana business, the matter shall be presented at the second regularly scheduled City Council meeting after the decision of the Board of Adjustment. Notice shall be given as required by law. The City Council may affirm, revoke or modify the decision of the Board of Adjustment concerning the granting of a variance. (Ord. 2021-05, passed 12-20-2021; Ord. 2022-01, passed 4-9-2022)