C. Falls to leave marijuana businesses alone

The Columbia Falls City Council decided Monday it will monitor medical marijuana businesses, but not take any steps to block them from operating.

This decision came despite hearing from several people who asked the city to at least place a moratorium on new shops. Three medical marijuana businesses recently opened in the city.

“By state law it simply is a business,” City Manager Bill Shaw said.

In a memo to the City Council, he said he has advised staff that people involved in the trade are to be treated the same as any other legitimate business.

The city will not interfere with their ability to conduct business provided medical marijuana businesses operate according to state statute and city laws.

A 2004 Montana law legalized marijuana for medical use. Registered marijuana growers and suppliers — known as caregivers — can provide marijuana to medical patients with a doctor’s prescription.

“The fact that these are in the retail district allows us to have more policing,” Mayor Don Barnhart said. “The voters of the state of Montana approved this — obviously the voters have spoken.”

Kalispell and Whitefish have imposed temporary moratoriums on medical marijuana businesses. Several citizens addressed the Columbia Falls Council on Monday asking for a similar ban.

Jill Rocksund said the city has a chance to do things right for the community’s children by at least temporarily preventing new shops from opening.

“We have three now, when will it be 10 or 15?” she asked. “I’m not interested in being another gateway besides a gateway to [Glacier National] Park.”

Rocksund is chairwoman of the School District 6 board, but said she was not representing the district in her comments.

She asked that restrictions be placed on marijuana businesses to keep them from being located near schools.

Pat Rose, who identified himself as a caregiver, said he is not advocating for illegal drug use and said that if used properly, marijuana can help people.

“I want to be a responsible party in this community,” he said. “I’m not somebody that wants to sell drugs to your kids.”

Police Chief Dave Perry said he has visited two of the three Columbia Falls marijuana businesses.

“They are in the business of dispensing medicine — in their opinion,” he said. “There are 20 other caregivers in the city and we don’t have the ability to monitor them like these” businesses.

Under city zoning regulations, the marijuana shops must be located within the business district or obtain conditional use permits to operate in other zoning districts, such as residential neighborhoods.

Shaw noted that none of the areas surrounding the schools are zoned as business districts. Shaw and City Attorney Justin Beck advised the City Council against banning marijuana businesses, at least for now.

They noted that a moratorium only gives the city six months to come up with a solution and that any gaps in the law must be addressed by the state Legislature.

The council asked for future updates from city staff on the issue, but decided against any action.

“We need to guardedly watch this situation,” council member Julie Plevel said. “However, speaking as a parent, let’s not be kidding ourselves — those kids who are using marijuana [illegally] are not getting it from these” businesses.