Flathead County commissioners won't seek opt-out vote on retail marijuana

One day after inviting public input on the issue, Flathead County commissioners say they won’t take action on an opt-out vote regarding retail marijuana sales in the county.

Commissioner Brad Abell said while he remains opposed to the legalization of cannabis, the issue is decided.

“After listening to both sides of this issue I have several thoughts,” Abell said in a statement. “I don’t believe that the repeal of I-190 would stop anybody from using cannabis it would just prevent them from using a tested and regulated product.”

On Wednesday, commissioners held a public hearing surrounding recreational marijuana sales while seeking to gauge public sentiment around whether to put legalization to a vote again. Of the roughly 40 people who provided comments, double the number of speakers favored retaining legal recreational use marijuana sales in the county.

Commissioner Randy Brodehl also said he does not support moving ahead with putting an opt-out question on the ballot.

“Having sworn an oath to uphold the Constitution of the United States and the Constitution of the State of Montana, the voters of Flathead County approved legalization of recreational marijuana with a 7% margin and it is now legalized in the State Constitution,” he said in an email.

Proponents said the issue was decided when Initiative 190 was approved by voters in 2020. Those wanting an opt-out vote, allowing Flathead to be removed from the list of counties in Montana where recreational sales are legal, to be placed on the fall ballot argued the original initiative was confusing and should be reconsidered.

Some have questioned whether the county could even put an opt-out question on the ballot without going through a citizen petition process.

The Cascade County and Granite county attorney’s offices issued opinions saying that the issue must be placed on the ballot by a citizen-generated petition. However, the Yellowstone County commissioners put the question of legalization on the June primary ballot where voters came out against the measure.

While Brodehl says he has never personally supported medical or recreational marijuana, but that decision has been made by the citizens who have “given elected officials clear direction.” He cited the legal opinions as holding weight in his decision noting that if the voters have a desire to opt-out they can use a citizen’s initiative to place it on the ballot.

“Following the direction of the legislature, as provided for in the Montana Constitution, Flathead County could have restricted marijuana sales to certain zoned areas,” he said. “However, the Commissioners did not do this back in 2004 when medical marijuana was approved. Shops opened in Evergreen and now those same shops, through the legislative process can sell recreational marijuana. For the commissioners to require shops to close, would be a legal quagmire and would very likely cost the citizens a lot of money in legal costs, to no avail.”

Abell concerned that any process to opt-out in the county would need to start with a citizen initiative.

“If a majority of Flathead County voters truly want it repealed, which should be a straightforward process without the cost of litigation that would follow if it was placed on the ballot by the commissioners,” Abell said.

Abell added that he is a strong supporter of business and property rights and the owners of dispensaries have invested hundreds of thousands of dollars into legal enterprises.

“With this in mind I will publicly state I have no intention of doing anything that would place this on the ballot,” he said.

Commissioners on Aug. 2 passed two resolutions regarding implementing a 3% tax on marijuana sales. Voters in November will be asked separately whether to approve a tax on recreational marijuana and on medical marijuana.

Features Editor Heidi Desch may be reached at 758-4421 or hdesch@dailyinterlake.com.