I know.

All right, I will call to order the Judiciary Committee meeting for October 8th, 2025, 7 p.m.

Uh, roll call is uh present is Michelle Shea, Commissioner Hattie Thatcher, Commissioner Callahan, Commissioner Minkins, Commissioner Healy, and absent is Commissioner Anderson.

Uh communication, uh first item, communication number 2025-310.

Matt Enruth, Butte Silverbow County Attorney requesting Council of Commissioners authorization for the county attorney's office to draft a new ordinance regulating the sale and distribution of medical and recreational marijuana in Butte Suburbow County.

Um I believe that County Attorney Andrett has a status update for us.

Yes.

Yes, Commissioners.

Uh what I've presented to you tonight is an actual draft of what the ordinance is going to look like with regards to what it's going to contain, how it looks, you know, in accordance with how we draft ordinances here in Silverville County.

There are a couple of things that I specifically highlighted in it.

Um the pages aren't numbered, I apologize, but it would be page three under zoning, location, and distance restrictions.

That was one of the biggest things that everybody looked at.

Uh the distance restriction in here is currently set at 500 feet, uh, basically in a uh radius rather than with the current state law, which is has to be on the same street and also from one door to the next.

Um we added some additional language in there too that the entrances do not have to be located on the same street and may include other outbuildings.

Specifically when we look at Butte High School, it has the welding shop.

You know, we would consider that an outbuilding.

One thing I did highlight is the signage and advertising.

Uh what I've gotten a lot of phone calls on is when people drive by, they see the marijuana leaves, they see those things.

That used to be heavily regulated by state law.

It's gotten a lot looser.

We can tighten that up if we want to.

Um and I do think we can make that actually applicable to the ones that are here.

Um when we look at the number of dispensaries um that would be allowed in Butte Silverbow County, currently on set page two at the bottom down there.

It shall not exceed 10.

Uh the current uh number that's affected or the current number of dispensaries in the city.

That's left blank because I didn't have a definitive answer on that yet.

It sounds like one actually might have just recently closed down or moved.

Uh but they would be grandfathered in under this ordinance.

However, um if you go to the next page, if they relocate to a new address, change ownership, expand beyond the footprint of their current licensed premises.

Um, then the dispensary shall be treated as a new applicant, can only operate if there is an open slot.

Um there is some additional language that we're looking at adding to this specific section, um, which would be uh corporate restructuring and things like that.

Sean and I uh were discussing that.

We did not know if that would you know hold mustard in front of the Supreme Court, you know, if they have to if they internally restructure, you know, that's a problem.

But the change in ownership semi covers that whole branch as well.

So if they restructure internally, if a president changes, you know, the some of these companies are structured as S-corps.

So if they get a new president just because someone retires or something like that, I don't think we'll be able to yank the license because the ownership is remaining the same under the S-corp.

However, if they change ownership, the S-corp changes or anything like that, then we they would be restricted.

They would have to fall under the uh below the 10 limit if we have one open.

We also have in there specifically that no person or business shall hold hold more than one dispensary license uh any time within Butte Silverbow County.

We are going to update that as well to also include any cultivation um facilities.

Um if you look through it, it's got a lot of the standard language with that's in the state law, must be 21, secured places, you know, can't have it in vehicles, it's prohibited.

Uh inspections, records, and compliance.

This ordinance would also give us the ability to go in and inspect, audit, and conduct our own investigations.

Any refusal to allow us to do so would constitute grounds for a license suspension or revocation.

The other thing I would like the uh commissioners to contemplate is uh penalties for this.

So technically, this is a civil ordinance.

Um I don't have in here, you know, we have in here the suspension or revocation of a license, you know, assessments of any costs uh as a lien or special charge against the property, but penalties may include fines.

What I'd like the commissioners to think about is if you would like to see just a flat rate fine that occurs on a daily basis while the violation is continuing, or a step up if it starts at you know a hundred, then 250 or 500, something along those lines.

Um that was just one of the thoughts that Sean and I had, but it is as you can see, a violation constitutes you know, each new day constitutes a new violation if they're not in compliance with the ordinance.

Um we had it a lot bigger, we stripped it down to make it simpler, cleaner, and clearer.

Uh, this is gonna be the base of that ordinance, so I would like you guys to take a look at this.

Please hold it in abeyance for another two weeks and then come back with any notes that you guys have, or email them to me, and I can put them in a new red-lined version uh for the public to see and us to see until we get to a final consensus on what this is gonna be and get it out of judiciary and through the ordinance process.

Thank you, County Attorney Ann Ruth.

Um, I had I just have a quick question.

Did you apply some type of a formula like a ratio of population to dispensaries or something?

How did we arrive at the number 10?

And how would that potentially change if there were more people in Butte or population changed, census data, something like that?

Yes.

So we looked at uh the same thing they do for liquor licenses, and then also the city of uh Ronan enacted an ordinance where it was basically one license per 10,000 people.

Um Ronan's small, so they only have one license, they're only at 10,000 people.