GREAT FALLS, Mont. – Janelle and Dale Yatsko are a Great Falls couple that is looking to challenge the city’s ban on marijuana dispensaries within city limits.
“The Yatsko’s have operated a small family business in the county outside of city limits for 14 years, they’ve got all the state licenses and they got an adult use license when that became legal in Montana,” said Raph Graybill, the Yatsko’s attorney.
They own Green Creek Dispensary just outside of Great Falls and say the state law overrides the city’s ban and they should be able to operate a licensed dispensary in town.
In 2020, Montanan’s voted to legalize the possession and use of marijuana for adults over 21 in Initiative 190 (I-190).
In 2021, House Bill 701 was passed that said adult-use cannabis dispensaries would remain legal in counties where a majority of the voters approved I-190; Cascade County is one of those counties.
“Local governments can have additional regulations, they can zone, they can do inspections but they can’t ban them outright. The only way to ban them outright is if you have another election,” said Graybill.
However, the city still has a ban on dispensaries in city limits.
According to Graybill, when the Yatskos tried