Clearing away the smoke

From all the uproar over medical marijuana in Kalispell, one would think some primal civil right was being eliminated by the Kalispell City Council.

Obscured by all the fuming and fussing and ranting about government is that it’s within the power of the council to regulate where certain kinds of businesses can operate.

The “right” to medical marijuana is a pretty recent development — approved by Montana voters six years ago but only in the past few months enjoying an explosion of popularity due to changes in federal law enforcement policy.

So those who feel aggrieved by Kalispell’s new policy that would ban new pot businesses need to step back and consider the reality.

Medical marijuana users still can partake and their caregivers can still supply them. But that doesn’t mean the city doesn’t have an interest in regulating development — any kind of development — within its borders.

So what is the ultimate effect on medical marijuana users if the City Council follows through and approves the ban? Just a slight inconvenience.

Remember, what will be banned inside city limits is the growing and selling of medical marijuana for commercial purposes — not the use of medical marijuana.

A corollary exists which helps to put the issue into context: Fireworks sales are also illegal in Kalispell. But does that stop people from driving five minutes to Evergreen to buy fireworks?

Hardly.

Nor does it stop many people from setting off fireworks inside city limits, even though that is actually illegal.

Since medical marijuana use is legal (if the rules are followed), then there is absolutely no reason why users need to be concerned about their rights being infringed.

Flathead County is taking a hands-off approach to marijuana regulation, opting to wait until the Legislature tackles the issue next year. That means, for the time being at least, that just beyond Kalispell city limits will be a land of no limits.

In any case, it is likely that the Legislature will be adding various restrictions and refinements to the medical marijuana law currently on the books, so voters are urged to question candidates closely about their views in the coming months. That will have a much more significant impact on the future of medical marijuana in Montana that anything the Kalispell City Council does.