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Work session covers marijuana policy

by The Daily Inter Lake
| February 22, 2010 2:00 AM

Two hot-button topics are in the spotlight at tonight’s Kalispell Planning Board work session — medical marijuana and annexation.

Last week the City Council put a 90-day freeze on start-ups for new medical marijuana retail businesses. It also sent the issue to the planning board for research and discussion of zoning regulations, taking such businesses into consideration for the first time.

Following Montana’s popular vote in November 2004 legalizing medical marijuana use, the state Legislature passed a 2009 law allowing caregivers to set up legitimate businesses growing and dispensing cannabis for patients with valid medical marijuana cards.

However, the law contains enough gray areas that the council was uncomfortable fitting the businesses into existing zoning regulations. Current zoning code makes no mention of such businesses, leaving the presumption that dispensaries are allowed in any zone.

Council members asked city planning staff to work with the planning board to draft a medical marijuana zoning ordinance. Tonight’s work session, in which no votes are to be taken, is the first step in the discussion. The ordinance will go back to city council for a final vote.

Also tonight the planning board will carry out another directive the council gave at its Jan. 11 meeting — to begin crafting an annexation policy.

It was prompted by plans for Trumbull Creek Crossing, a 160-acre mixed-use development north of Evergreen along East Reserve Drive. The planning board backed what they called a well-planned development, but cautioned the council to consider the fallout from the city’s pattern over recent years of such “island” annexations.

The work session starts at 7 p.m. in the City Hall Council Chambers.