City says 'no' to marijuana storefronts
Whitefish City Council voted last week to officially ban medical marijuana dispensaries within the city’s jurisdiction via amendments to the zoning code. The decision preempts a June 6 expiration of Whitefish’s ongoing emergency medical marijuana moratorium.
The changes in Whitefish code impact all areas under the city’s zoning authority, including the two-mile planning “doughnut.” Registered medical marijuana cardholders are still allowed to possess and grow medicinal marijuana for their own use, as permitted under the Montana Marijuana Act (SB 423).
Whitefish is legally allowed to prohibit medical marijuana dispensaries based on provisions in SB 423. Last year, Billings enacted a permanent ban on medical marijuana storefronts under the authority of the bill.
A looming referendum to repeal SB 423 and other court challenges to its validity could shake things up in the near future, city attorney Mary VanBuskirk advised. The referendum will be voted on in November and the Montana Supreme Court is set to hear oral arguments in the main legal challenge to SB 423 later this month in Bozeman.
Until those scenarios play out, VanBuskirk called the change in Whitefish’s zoning code a good “bridge” between the law now and what may or may not happen going forward.
City planning director David Taylor notes that if changes are made to state regulations, the city can either initiate amendments at that time or initiate another urgency ordinance.
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Montana’s tangle with medical marijuana dispensaries dates back to 2004 when voters passed Initiative 148 to allow medical marijuana for certain patients. About 68 percent of Whitefish voters were in favor of the initiative. The law allowed patients and their caregivers up to six plants and one ounce of marijuana each.
In 2009, the federal government made prosecution of medicinal marijuana users and suppliers a low priority. This decision set off an avalanche of new marijuana patients and caregivers, Taylor notes in a staff report, and led to commercial storefront dispensaries that network and consolidate distribution.
The issue became of local concern in 2009 when the city received an inquiry about opening a dispensary on First Street across from the middle school. Under city code at the time, all retail sales and service were allowed in WB-3 zones. Based on that, the city couldn’t deny a marijuana storefront.
Whitefish chose to adopt a moratorium in 2009 to ban marijuana businesses through an interim ordinance. The ordinance was extended twice, and was finally set to expire in June of this year.
State legislature passed SB 423 in 2011, which extensively amended I-148, the Montana Medical Marijuana Act. SB 423 still allows patients access to medicinal marijuana, but provisions were placed on card holders and providers. The bill limits providers to service only three card holders, and limits them to four plants and one ounce of marijuana, and prohibits them from receiving payment for services.
Opponents of SB 423 have since successfully gathered enough signatures to qualify a ballot referendum to repeal the bill.
The number of registered providers in Flathead County has significantly dropped since the passage of SB 423. In May of last year there were 680 registered providers. As of Feb. 29, there are 68. Currently, only 1.72 percent of people in Flathead County are registered cardholders.