Council wants to expand pot moratorium

Following a joint session with the Whitefish City-County Planning Board on medical marijuana Monday, the Whitefish City Council agreed to modify its existing moratorium so it eliminates home-based caregivers.

They also agreed to remove the three-month deadline they had inadvertently imposed on the planning board when they tasked them to come up with a zoning ordinance for the rapidly growing medical-marijuana industry.

The city's medical marijuana moratorium, which currently allows home-based caregivers with up to three patients, will expire on June 7, at which time it could be renewed two more times for a total of 2 1/2 years, city attorney John Phelps said.

Both the councilors and board members agreed that would provide ample time to figure out how to regulate medical marijuana businesses. The revised urgency ordinance will be brought to them at a later meeting.

Police chief Bill Dial said most law enforcement officials in Montana believe illicit marijuana users are taking advantage of Montana's medical marijuana law. He called for a joint meeting between the Flathead's three cities and county officials to discuss the issue.

The city councilors approved of the task force idea, but planning board member Zak Anderson wanted to know the chances someone would sue Whitefish for imposing a moratorium for so long.

"I expect we'll get sued," councilor Turner Askew said, "but the alternative is chaos."

Phelps agreed the city could be sued, but so long as the city continues to make a good-faith effort to use the time to craft medical-marijuana regulations, it would have a good defensive position in court.

Councilor Bill Kahle noted that he took an oath of office to uphold the U.S. Constitution, but federal law prohibits marijuana businesses.

"They're asking us to break our oath of office," he said.

Phelps agreed that the councilors were in a tough spot. He suggested asking for an opinion from the Montana attorney general once the regulations are written. It could take nine months to a year for a reply, he noted.

Planning board member Dennis Konopatzke pointed out that some of the problems with medical marijuana might best be dealt with through licensing rather than zoning, such as facility security and employee qualifications.

Mayor Mike Jenson advised the planning board to continue with its scheduled public hearing on medical marijuana on Thursday, March 18 (tonight), at 6 p.m. in the council chambers.

"More public input is good," he said.