County won't impose marijuana rules
By LYNNETTE HINTZE
The Daily Inter Lake
Flathead County won’t take any steps to regulate medical marijuana beyond existing laws in zoned areas, at least not right now.
The commissioners on Thursday listened to a draft proposal of Planning Director Jeff Harris’ interpretation of zoning regulations as they pertain to growing and dispensing medical marijuana, but commissioners weren’t interested in pursuing any changes to county zoning laws.
Commissioner Joe Brenneman said if the Legislature tweaks the Medical Marijuana Act a year from now, any county action could be for naught.
“My concern is we go through all kinds of rigmarole and it will be relatively meaningless,” Brenneman said.
Commissioner Jim Dupont agreed, saying that the county can make rules, but it won’t stop or prevent abuse of the state law. Medical marijuana was legalized in Montana in 2004, but it didn’t explode in popularity until last fall when the federal government said it wouldn’t prosecute medical marijuana cases.
Currently there are 1,593 medical marijuana patients in Flathead County and 381
caregivers, according to figures released this week by the Montana Department of Health and Human Services.
Statewide, Montana has 12,081 marijuana patients and 2,791 caregivers.
By comparison, there were just 100 medical marijuana patients in Montana in 2005. In the last month, roughly 1,500 new patients have gotten the written certification needed to get a marijuana card.
Commissioner Dale Lauman said it’s unfortunate the Legislature hasn’t yet changed the 2004 law to address vague areas.
“Unfortunately the Legislature didn’t give us specific guidelines, and now cities and counties are blessed with the problem,” Lauman said.
The Planning Office has gotten about a half-dozen or more inquiries about establishing medical marijuana operations in the county.
And as cities wrestle with how to regulate both growing and dispensing, it may push those new businesses into the county, Harris said.
Roughly two-thirds of the county remains unzoned, so “all bets are off” in those areas, he said.
For the remaining one-third of county property that is zoned, regulations don’t specifically refer to medical marijuana. Harris, as the zoning administrator, has to interpret how existing laws apply to growing and cultivating marijuana.
Grow operations will be treated much like any other agricultural activity, allowed as a permitted use in areas zoned for agriculture or suburban agriculture.
Dispensing medical marijuana is sufficiently similar to other prescription drugs dispensed by a drug store, so those kinds of businesses would be allowed as a permitted use in existing business districts that currently allow drug stores and pharmacies.
“The wild card is home occupations,” Harris said, noting that caregivers’ homes can be used for dispensing and growing medical marijuana. “That’s the difficulty, because home occupations are allowed in most every zoning district.”
Home occupations are permitted in any dwelling, but are subject to zoning provisions regarding outdoor storage, exterior signs, parking, traffic and hazardous by-products. Home occupations also can’t cause a nuisance to surrounding residences because of vibrations, noise, dust, smoke, odor or interference with radio or TV reception, according to county zoning laws.
Brenneman wondered if medical marijuana constituted a nuisance, but Deputy County Attorney Jonathan Smith said it probably did not, based on the county’s detailed description of what constitutes a nuisance.
The commissioners also acknowledged how difficult it already is to enforce such a vague state law that fails to track locations of legal grow operations and offers no guidelines about where those operations can be located.
Features editor Lynnette Hintze may be reached at 758-4421 or by e-mail at lhintze@dailyinterlake.com