COUNTY WON'T IMPOSE MARIJUANA RULES

Commissioners Say Actions Could Be Nullified If Next Legislature Changes Law

Flathead County won't take any steps to regulate medical marijuana
beyond existing laws in zoned areas, at least not right now.

The commissioners on Thursday listened to a draft proposal of
Planning Director Jeff Harris' interpretation of zoning regulations
as they pertain to growing and dispensing medical marijuana, but
commissioners weren't interested in pursuing any changes to county zoning laws.

Commissioner Joe Brenneman said if the Legislature tweaks the Medical
Marijuana Act a year from now, any county action could be for naught.

"My concern is we go through all kinds of rigmarole and it will be
relatively meaningless," Brenneman said.

Commissioner Jim Dupont agreed, saying that the county can make
rules, but it won't stop or prevent abuse of the state law. Medical
marijuana was legalized in Montana in 2004, but it didn't explode in
popularity until last fall when the federal government said it
wouldn't prosecute medical marijuana cases.

Currently there are 1,593 medical marijuana patients in Flathead County and 381

caregivers, according to figures released this week by the Montana
Department of Health and Human Services.

Statewide, Montana has 12,081 marijuana patients and 2,791 caregivers.

By comparison, there were just 100 medical marijuana patients in
Montana in 2005. In the last month, roughly 1,500 new patients have
gotten the written certification needed to get a marijuana card.

Commissioner Dale Lauman said it's unfortunate the Legislature hasn't
yet changed the 2004 law to address vague areas.

"Unfortunately the Legislature didn't give us specific guidelines,
and now cities and counties are blessed with the problem," Lauman said.

The Planning Office has gotten about a half-dozen or more inquiries
about establishing medical marijuana operations in the county.

And as cities wrestle with how to regulate both growing and
dispensing, it may push those new businesses into the county, Harris said.

Roughly two-thirds of the county remains unzoned, so "all bets are
off" in those areas, he said.

For the remaining one-third of county property that is zoned,
regulations don't specifically refer to medical marijuana. Harris, as
the zoning administrator, has to interpret how existing laws apply to
growing and cultivating marijuana.

Grow operations will be treated much like any other agricultural
activity, allowed as a permitted use in areas zoned for agriculture
or suburban agriculture.

Dispensing medical marijuana is sufficiently similar to other
prescription drugs dispensed by a drug store, so those kinds of
businesses would be allowed as a permitted use in existing business
districts that currently allow drug stores and pharmacies.

"The wild card is home occupations," Harris said, noting that
caregivers' homes can be used for dispensing and growing medical
marijuana. "That's the difficulty, because home occupations are
allowed in most every zoning district."

Home occupations are permitted in any dwelling, but are subject to
zoning provisions regarding outdoor storage, exterior signs, parking,
traffic and hazardous by-products. Home occupations also can't cause
a nuisance to surrounding residences because of vibrations, noise,
dust, smoke, odor or interference with radio or TV reception,
according to county zoning laws.

Brenneman wondered if medical marijuana constituted a nuisance, but
Deputy County Attorney Jonathan Smith said it probably did not, based
on the county's detailed description of what constitutes a nuisance.

The commissioners also acknowledged how difficult it already is to
enforce such a vague state law that fails to track locations of legal
grow operations and offers no guidelines about where those operations
can be located.