Judge overturns Great Falls’ marijuana dispensary ban

A Cascade County District Court judge has overturned a municipal prohibition on cannabis dispensaries in Great Falls and ordered local officials to permit a new recreational marijuana shop as soon as possible. 

Tuesday’s ruling comes just weeks before Great Falls residents will vote on whether to allow the sale of medical or recreational cannabis in the city limits, despite residents supporting sales by a wide margin in 2020 when voters statewide legalized recreational cannabis. 

In 2020, Cascade County voters supported recreational legalization 54.7% to 45.3%, making it a “green” county where cannabis sales would automatically be allowed. However, “green” counties and municipalities can put forth a ballot initiative to make it illegal to sell recreational cannabis. On the other side of the equation, “red” counties can ask voters to make the drug legal.

In early 2022, Janelle and Dale Yatsko, owners of Green Creek Dispensary just outside of city limits, secured property within Great Falls to open a second location to sell adult-use cannabis. The owners went about getting the proper state and local approvals to open, but when it came time for the fire department to inspect the property, it did not process the application and instead referred the Yatskos to the city attorney.

The owners met with the city attorney and later the city manager, who confirmed that the municipality would not process its safety inspection application. The city manager cited a local ordinance that prohibited “any medical marijuana activities” within city limits. The manager went on to write that while the state may have legalized cannabis use, the federal government had not. The Yatskos then went to the city commission, which held a special meeting about the matter on April 19, where it denied the appeal. The owners then went to court. 

On Tuesday, Judge David Grubich ruled in the petitioner’s favor, writing that “the cultivation and sale of adult-use cannabis [are] authorized by state law within Cascade County, including within the City of Great Falls.” He ordered the city to process the safety certificate as soon as possible.

In a statement, Raph Graybill, an attorney for the Yatskos, said, “the Yatkos are thrilled on behalf of their patients. The Court’s decision upholds the rule of law and the will of the people of Great Falls.”

Of course, whether or not Green Creek Dispensary can open a second location depends on if voters again approve cannabis on the ballot next month. Local voters will face these questions: county-wide voters will decide if they want a 3% local sales tax on recreational and medical cannabis, and city residents will decide if they want to ban “pot shops” altogether. While Cascade County voters passed recreational cannabis by a wide margin in 2020, it was even wider within the city limits.