Billings to vote again on marijuana industry legalization

BILLINGS – A city council meeting on Monday determined that Billings residents will vote again on marijuana legalization.

Despite having passed HB 701, which some voters thought would fully legalize marijuana, there is still some voting to do. The bill divided the business of producing and selling marijuana into seven distinct categories, and provided municipalities with the power to raise a vote as to which category would be allowed.

Yellowstone County commissioners voted Aug. 3 against raising another vote at the county level, where a tie between the two present commissioners killed the motion to hold the vote. There, County Commissioner John Ostlund stated, “I don’t think you get to revote when you don’t like the outcome of an election.”

Public comment at the county commissioner’s meeting was split with some attendees supporting the legalization of the marijuana business and citing that another vote would bypass the will of the voters. Others held that legalizing the marijuana industry could lead to increased crime rates, and that voters didn’t fully understand what they were voting for.

Monday’s city council meeting was no different, with public comments on the bill split between those opposing a second vote and those in support.

Those against the second vote included dispensary owners, supporters of marijuana legalization and marijuana consumers. The opposition consisted of some familiar anti-legalization faces, including Steve Zabawa and David Lewis of Safe Montana.

“I just think it’s crazy that we’re trying to outlaw a plant,” said Aubrey Kinkaide, a Billings resident. Kinkaide’s comment focused on statistics comparing high annual mortality rates due to alcohol against low mortality rates due to the use of marijuana. “We have an opportunity to be a little bit more forward-thinking in this town.”

Another attendee speaking in opposition to the vote was Tina Walker Smith, a former dispensary owner.

“Those that say that they didn’t get a vote, that they want their vote: We had this vote four times now, once for recreational, and it’s been approved,” she said. “In the infamous words of the county commissioner, ‘I don’t think you get to revote when you don’t like the outcome of the election.’ ”

On the other side of the aisle, Zabawa, the owner of Rimrock Auto Group and director of Safe Montana, brought forth arguments based on the fairness of the previous vote.

“Was the ballot fair on I-190, was it fair and even and accurate?” Zabawa asked. “I filed a lawsuit against it because it was unconstitutional in my opinion.”

Zabawa recommended that the council move forward with placing the additional vote on November’s ballot.

Ultimately, the council voted 6-3 in favor of placing the second vote on the Nov. 2 ballot. The opposing vote comprised of council members Danny Choriki, Denise Joy and Kendra Shaw. Two council members, Mike Boyett and Mike Yakawich, were not present and excused from the vote.

The six commissioners who voted to add the vote to the ballot focused on both the cost of regulating the marijuana industry, as well as the fact that there would eventually need to be regulatory actions taken to control the industry. Others voiced frustrations with how the issue had been politicized and the lack of action taken to clarify the matter at a state or federal level.

“I think that the voters did not vote on HB 701, which came out of the state legislature,” council member Penny Ronning said. “They voted on ballot initiative 190 – 11 sentences. The state took those 11 sentences and quite frankly created chaos in our state.”

Among the three council members who opposed placing the additional vote on the ballot, a common sentiment was the idea that the voters had already had an opportunity to vote on the issue, and made their decision.

“The voters have already decided,” Joy said. “If we ask the voters to decide something, and they choose something, it’s up to us … to figure out how to deal with it, how to regulate it.”

With the passing of the council’s motion, the issue of which individual parts of the marijuana industry to permit within Billings city limits will be placed on November’s ballots.

Voters will be asked to vote yes or no on permitting each of the defined categories within the industry, including growing and cultivation of marijuana; manufacturing marijuana-based goods; dispensing medical marijuana; dispensing recreational marijuana; dispensing both types of marijuana; setting up testing facilities for marijuana; and the transportation of marijuana products.

The council was quick to clarify the vote will not and cannot impact the legality of possessing or using recreational or medical marijuana in Billings. The effects of the vote are limited to the legality of particular aspects of the marijuana industry within city limits.

This method of voting on each separate category has previously been criticized for its potential to confuse underinformed voters and potentially create disruptions in the industry. The results of the vote could lead to medical marijuana sales being permitted within the city, but not recreational marijuana sales, creating difficulties in enforcement.

On the other hand, it may become legal to grow marijuana within city limits but not transport it to dispensaries or sell it to consumers, making it impossible for dispensaries or growers to operate.

Locals in the industry are staying positive about their ability to make sales.

“It’s going to happen no matter what,” Smith said. “There’s going to be recreational marijuana all around, whether there’s dispensaries in town or not.”