A second round of review for a proposal to license a medical marijuana dispensary in Boulder ended without approval May 21.
The city council split two-two on the request from Keva Aguirre for a business license, leaving the tie-breaking option for Mayor Rusty Giulio. Giulio said he had to abstain, though, because he owns the building and property proposed as the facility location.
While that leaves the operation in limbo for now, Giulio said he would be willing to sell the property if asked.
Discussion of the dispensary opened with Aguirre presenting the council with documents in response to previous council requests. The information was about the populations of communities with dispensaries in Montana and about research on marijuana and recovery from opiate use.
In response to questioning, Aguirre said there would be no signs outside the building and the windows would be covered, “so it would be truly discreet.”
She also said use of the products would “absolutely not” be allowed on site and no growing would take place there.
Bars on the windows, safes, locks and security cameras would make it a “very, very secured location,” said Aguirre.
Asked about plans for banking the cash, Aguirre and a partner said the Bozeman site that would produce the crop works with two credit unions there.
Aguirre showed the council a petition of support. Upon glancing over the petition, Giulio said it appeared “close to half” of the signers were from outside the area. After mentioning Basin among those outside the area, he said, “It’s not in Basin. It’s the people of Boulder it’s affecting.”
A later review of the petition by the Monitor showed there were 200 names on the petition with 155, or 77 percent, listing Boulder as their address. Another 24, or 12 percent, listed Basin.
The petition does not carry any legal weight. The signatures and addresses have not been verified, and the council has no requirement to grant a business license based on a petition. But the petition was presented as an indication of the support for allowing the business to open. Aguirre said 305 Jefferson County residents now have medical marijuana use permits.
A woman who lives near the proposed site said she is not opposed to medical marijuana. As a nurse she has “seen patients with nausea and suffering with pain get relief,” she said, but “I just don’t want it in my backyard.”
She cited health and safety risks, including driving under the influence of marijuana and an increase in accidental poisonings of children who get into their parents’ supply.
Backers said all of the products will be in child proof packaging.
Other questions addressed the availability of theft insurance and applicable sobriety tests for drivers.
Bruce Giulio spoke in favor of the dispensary, saying, “As far as I’m concerned it [medical marijuana] saved my life.”
Pat Lewis, local business owner and Chamber president, said, “I think if anything goes amiss it would be corrected…We’ve got a town that will keep an eye on each other.”
Dawson made the motion to grant the business license, seconded by Sherry Lepley.
Speaking on his motion, Dawson said, “This is a tough decision for the community. It’s a tough decision for the city council.” But medical marijuana is legal in Montana, approved by the voters, and the risks of engaging in a business that is illegal under federal law is a risk that the people running the business, not the city, take, he said. State regulations have become more stringent, and Boulder has not adopted an ordinance prohibiting such dispensaries, he noted.
Saying council members need to put aside their personal biases, Dawson added that there are people for whom medical marijuana is a real benefit and,” I don’t know that there’s real harm done to the rest of the community.”
Dawson and Lepley voted in favor, with Shane Maichel and Bettie Schlueter voting against.
Athough the decision was inconclusive, Mayor Giulio said the discussion was how government is supposed to work. “Nationally, we get in a pissing match and we don’t talk to each other,” he observed.
