Yellowstone commissioners approve resolution to clarify status of nonconforming marijuana businesses

The Yellowstone County Board of County Commissioners voted March 7 to pass Resolution 23-25, which directs planning staff to issue zoning compliance letters allowing qualifying nonconforming marijuana businesses to continue operating under the county's interim regulations.

Planning manager Monica, who presented the resolution, told commissioners the measure "seeks clarification on the intent related to nonconforming and illegal marijuana businesses," explaining that letters previously issued by the county attorney created ambiguity that the resolution aims to resolve. "Specifically, positive action on this resolution will clarify that the board's intention was originally as written in the interim regulations," Monica said.

The resolution has two parts, county Deputy Attorney Lehi Robison said: it authorizes planning to issue compliance letters for the life of the interim regulations and it notifies business owners of the board's current thinking that a sunset period may be included when permanent regulations are adopted. "You're not starting a clock on the 24 months today," Robison said, adding the board could change its mind when it adopts permanent rules.

Commissioners debated whether to include a 12-, 18- or 24-month sunset in the resolution. One commissioner expressed concern that a sunset could harm investments; another argued a set period would give planning staff time to issue letters and allow the county to re-evaluate before making permanent rules. The board ultimately approved the motion to pass the resolution and directed staff to proceed with issuing letters.

Business owners who spoke at the meeting urged the board to preserve their investments and sought clarity. "I spent millions of dollars on this," said Drew Stenzland of Granite Peak Distributing, describing sales and local contributions since opening. Other commenters, including Carrie Chapman and Neil Kiner, raised concerns about inconsistent zoning and lack of notice during previous rezoning work.

The resolution instructs staff to continue issuing letters that reflect the interim regulations so affected businesses can complete annual state renewals; the planning division must present permanent zoning language for the board to consider by Sept. 1, 2023. The board's vote was taken by voice and the motion carried.