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Kalispell IDs three potential areas for marijuana sales

by BRET ANNE SERBIN
Daily Inter Lake | July 14, 2021 12:00 AM

The Kalispell City Council on Monday identified three potential areas of the city for marijuana dispensaries as the council mulls rules for pot sales.

Pockets of business zones at the northern and southern ends of the city could see dispensaries cropping up, and Idaho Street was highlighted as the third possibility. However, no formal decisions may be made during work sessions.

The council reviewed a proposed map where dispensaries could be zoned as a permitted use. Based on recent council discussion, marijuana dispensaries could be allowed in all of the city's business zones, as long as they are placed an adequate distance away from certain other properties, such as schools and churches.

Marijuana cultivation and processing would be legal in all of the city's industrial zones.

Although Kalispell has five different business zoning classifications, the map showed only three sections of the city that would fit state law and regulations favored by the council.

Otherwise viable spots for dispensaries were tentatively ruled out because they would not have the required buffers. State law stipulates dispensaries can't go into place within 500 feet of a school or church.

The council plans to add its own rule against placing dispensaries within 300 feet of residential zones. That provision follows the city's approach to liquor stores, which are similarly prohibited within 300 feet of residential zones.

A similar 300-foot buffer might also apply to the areas surrounding city parks, but opinions on the matter seemed mixed during the Monday work session.

Some members of the council, including Kari Gabriel and Chad Graham, were worried about the negative impacts of allowing dispensaries to operate within 300 feet of city parks.

Other council members, including Ryan Hunter and Sid Daoud, believe the business opportunities outweigh the risks associated with a potential proliferation of dispensaries.

No one could agree, either, whether the newly approved Parkline Trail should be classified like other city parks in relation to nearby marijuana sales, or if separate rules should apply to the 24-hour linear park.

To make the situation more complicated, city staff acknowledged the state could enact further guidance that could have a bearing on Kalispell's eventual decision regarding marijuana rules.

Despite the uncertainties, the council was generally supportive of moving forward with a draft ordinance for the Kalispell Planning Board at its next meeting in August.

After that, the proposed ordinance would be subject to the city's public hearing process and eventually return to the council for a formal vote.

"We've got a long way to go," said Mayor Mark Johnson. "What we're looking at is just: What's the place to start?"

RECREATIONAL MARIJUANA was legalized statewide by a voter-approved initiative in November. Gov. Greg Gianforte in May signed a bill setting up how the drug will be taxed and regulated.

The new law gives local governments the authority to adopt their own approaches to pot sales, but that framework must be in place by January 2022.

At that time, medical marijuana facilities that are currently in operation will have the opportunity to transition into recreational pot vendors. Eighteen months later, marijuana dispensary licenses will be open to all applicants.

Although the first deadline is approximately half a year away, the Kalispell City Council is getting a jumpstart on the lengthy process of incorporating new rules for weed sales into local legislation.

At first, there was debate among council members over whether the new state law would be put into place at all. But on June 28, at the council's first work session on the matter, the city's legal experts warned ignoring the act could set the city up as a target for lawsuits.

Reporter Bret Anne Serbin may be reached at 406-758-4459 or bserbin@dailyinterlake.com.