Pot land-use law goes up for second reading

The second reading of Kalispell’s ordinance banning new commercial medical marijuana dispensaries and growing operations goes before the City Council on Monday night.

During a fractious April 19 meeting that drew a full house of medical marijuana supporters, the council passed the first reading of the zoning ordinance on a 7-1 vote.

If it passes Monday’s second reading, it becomes law in 30 days.

Language in the ordinance simply compels the city to follow all laws when issuing permits for land uses: “No use of land shall be permitted or conditionally permitted within the city of Kalispell that is in violation of federal, state or local law.”

Because U.S. law still defines marijuana as a Schedule 1 drug with no recognized legal use, it remains illegal at the federal level. Last fall U.S. Attorney General Eric Holder announced his department would not enforce the law in states that have approved marijuana for medical use.

Medical marijuana is legal in Montana, where 63 percent of voters approved a 2004 initiative. The law passed by the Montana Legislature is vague on how it can be distributed, though, giving rise to a rash of moratoriums until cities across the state could determine how to address it locally.

The Kalispell law would not affect a patient’s use of or a caregiver’s ability to treat with medical marijuana. It affects only commercial ventures.

The city’s three dispensaries that were in place before a 90-day moratorium was imposed Feb. 16 are grandfathered in as legal businesses. But if the law is approved, they cannot move from their current locations or have other significant changes in their land use.

Kalispell City Attorney Charles Harball drafted the proposed ordinance after researching case law.

Harball’s main rationale is protecting the city from violations of federal grant requirements to follow federal law, potentially making the city liable to repay money. He reasoned that, although the Obama administration is not enforcing the law now, that policy could be reversed under future administrations.

“We can use it in the city but we can’t authorize land use for it,” Harball said. “It’s a little bit of splitting the baby but it’s the best way of protecting the city.”

One speaker on April 19 debunked that justification.

“If Montana were the only state, that would be legitimate, but there are 14 states” with legalized medical marijuana, Barry Vance said. “Federal money is appropriated by our representatives in Washington, D.C., so it’s unlikely they would withhold funds for that reason.”

The medical marijuana agenda item follows a public hearing on Kalispell’s Tourism Business Improvement District. The meeting starts at 7 p.m. in City Hall Council Chambers.

Reporter Nancy Kimball can be reached at 758-4483 or by e-mail at nkimball@dailyinterlake.com