Pubdate: Sun, 18 Apr 2010
Source: Flathead Beacon, The (Kalispell, MT)
Copyright: 2010 Flathead Beacon
Contact:  http://www.flatheadbeacon.com/
Details: http://www.mapinc.org/media/4870
Author: Molly Priddy

State Law Will Probably Change At 2011 Legislature, Commission Says

COUNTY TO USE CURRENT ZONING RULES FOR MEDICAL  MARIJUANA

Flathead County commissioners decided against pursuing  changes in 
county zoning regulations with regard to  medical marijuana, for now, 
saying any action taken at  this point may be rendered obsolete if 
state law  changes at the next Legislature.

The decision came after county Planning and Zoning  Director Jeff 
Harris presented the commission at an  April 15 meeting with his 
interpretation of how growing  and dispensing medical marijuana fits 
into current  zoning regulations.

Growing medical marijuana is considered an agricultural  use, Harris 
said, and dispensaries are similar to  pharmacies, which are allowed 
in several zoning  designations. "Home Occupation" designation is 
also possible, he added.

There has been a need for such interpretation, Harris  said, because 
his office has received several inquiries  about how such practices 
align with zoned areas of the  county.

Harris said the cities in the Flathead Valley could end  up 
displacing most medical marijuana activities into  the unincorporated 
county and noted that the commission  may want to consider how to deal with it.

Currently, Whitefish and Kalispell have moratoriums on  dispensaries 
within city limits and Kalispell may ban  them outright because the 
state law legalizing the  practice conflicts with federal law.

Columbia Falls does not have a moratorium in place and  treats 
medical marijuana dispensaries like any other  business endeavor.

With the moratoriums in place, any new medical  marijuana shop would 
have to set up in either the  county or Columbia Falls, Harris said. 
He asked the  commission if they wanted to consider putting more 
sideboards on the zoning regulations by adding  performance standards 
for dispensaries, such as  restricting them to a certain distances 
from schools,  parks or churches.

The commissioners, however, questioned whether such an  amendment 
would be in vain. State law could change  during the 2011 
Legislature, they said, creating more  specific rules for 
dispensaries. A 2004 voter  initiative legalized medical marijuana Montana.

"Like it or not, the public voted it in," Commissioner  Jim Dupont 
said. "We could make all kinds of  (regulations), but what good is it 
going to do? It's  not going to stop it, it's not going to prevent it."

Commissioner Dale Lauman bemoaned the lack of  legislative oversight 
on medical marijuana because it  left too many unanswered questions 
for city and county  governments to deal with.

Since growing medical marijuana is legal, Commissioner  Joe Brenneman 
said it would be useless to try to put in  dispensary location 
standards for Flathead County  because zoning amendments take months 
to develop and  may be rendered moot after lawmakers meet in January.

"The fact is that a year from now there probably will  be change," 
Brenneman said.

The commission told Harris that the existing zoning  definitions 
would be sufficient to handle dispensary  inquiries for the time being.

Harris said he interprets growing and cultivating  medical marijuana 
as similar to agricultural uses  listed in the zoning regulations. 
Dispensing medical  marijuana is sufficiently similar to the 
prescription  drugs dispensed by drug stores or pharmacies, Harris 
said, which fits into at least three business zone  designations as 
well as others.

But since most grow operations are contained within a  greenhouse or 
a home and do not require full fields,  Harris said licensed home 
growth would be permitted in  almost all zones under "Home Occupation" use.

Home occupation businesses require a notarized  certification that 
they meet seven performance  standards, which includes limits on 
outdoor storage,  nuisance regulations on noise, dust, smoke and 
odor, vehicle traffic, hazardous byproducts and increased  utility use.

Unzoned areas, which make up about two-thirds of the  county, are 
fair game for any use, Harris noted.

The commissioners said they needed to have more  in-depth discussions 
on the matter and would need  further consideration of all options if 
there were to  be zoning changes in the future.
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MAP posted-by: Keith Brilhart