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Kalispell marijuana rules up for final decision

by BRET ANNE SERBIN
Daily Inter Lake | October 18, 2021 12:00 AM

The Kalispell City Council is poised to make a final decision on marijuana dispensaries Monday.

The only agenda item is a second reading of an ordinance that would designate where marijuana businesses could operate within city limits.

Kalispell is required by the state to set its regulations for the marijuana industry because Montana voters opted to legalize marijuana during the 2020 general election. The city, therefore, has to put its individual rules in place before Jan. 1, 2022.

The council made a preliminary decision regarding marijuana businesses on Oct. 4, but was far from reaching a consensus on the decision.

The council ultimately voted to restrict the cultivation, manufacture and sale of marijuana to Kalispell industrial zones.

The vote was decided narrowly, with Mayor Mark Johnson and council members Kari Gabriel, Tim Kluesner and Sandy Carlson in favor of the more restrictive approach. Meanwhile, Ryan Hunter, Sid Daoud and Kyle Waterman opposed the ordinance, preferring to allow marijuana businesses to operate in business zones as well as industrial zones.

The ordinance underwent several proposed changes throughout the first meeting before it reached the final version.

Originally, the council considered an ordinance that would have allowed the cultivation, manufacture and sale of marijuana in business and industrial zones, provided those businesses would meet a 300-foot buffer from schools, parks, churches and residential zones.

Waterman proposed eliminating parks from the list of buffered properties, because he said it felt like including them created an undue burden for a new business coming into the Montana economy.

His proposal generated polarized opinions from council members, particularly in relation to the newly created Kalispell Parkline Trail. Waterman’s faction wanted to open up business opportunities in the new downtown attraction, while the other camp worried about the impact dispensaries might have if they opened so close to a park, particularly on young people recreating in those areas.

Gabriel, Kluesner, Carlson and Mayor Johnson voted against Waterman’s motion to remove parks as a buffer. Daoud, Hunter and Waterman supported the failed motion.

Then Hunter made a motion to remove the designation of the “parklets” at the intersection of Idaho Street and U.S. 93, since he pointed out those small spaces get very little use, but they would still trigger a buffer for a marijuana business. The motion failed for lack of a second.

Finally, Mayor Johnson proposed amending the overall motion to eliminate business zones, limiting marijuana businesses strictly to industrial zones.

He reasoned this more restrictive approach would be safer for the community, particularly its younger members.

The proposal was narrowly approved, and now the council will vote on a second reading Monday evening.

The meeting is open to the public and starts at 7 p.m. in the City Council Chambers, 201 First Ave. E.

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