The Kalispell City Council has approved a permanent ban on new medical marijuana providers within city limits.
Federal law lists marijuana as an illegal drug, though the Obama administration says it won’t prosecute medical marijuana cases. Kalispell City Attorney Charles Harball has said allowing medical marijuana businesses could mean the loss of federal grants.
The council approved the new law on Monday night, following a debate that largely echoed the arguments made when the ordinance passed first reading April 19.
Councilman Bob Hafferman maintained his opposition to the ban, saying it violated rights protected under state law and the U.S. Constitution, and that a better option would have been to meet with the Northwest Drug Task Force, medical marijuana business operators and others to draw up a workable zoning regulation for dispensaries.
“My concern is what passage of this ordinance is going to do to our citizens, who are going to have to pay for any litigation that is going to occur with this ordinance that does not solve one stinkin’ thing,” Hafferman said. “The city buried its head in the sand and did nothing…I would hope that this council would sit back, take a deep breath and cogitate a little bit on what you’ve heard, instead of rushing into an ordinance that I believe is going to be detrimental.”
Councilman Randy Kenyon, who was absent at the April 19 meeting, also voted against the marijuana ban.
“It would be best to sit down and talk to law enforcement and come up with a better way of doing this,” Kenyon said. “I know the intent is positive but I just think the way we’re doing this is just not right.”
But Mayor Tammi Fisher maintained that the ordinance is the best way to keep Kalispell from being penalized for violating its contracts with the federal government over grants and other funding.
“I see it as a contract issue and what we’re challenged with is, how do we uphold the voters intent to decriminalize the use of medical marijuana and not be in breach of contract?” Fisher said. “It’s the best thing we can do now, which does not prohibit the use of medical marijuana, all the while keeping us from being in breach of federal contracts.”
The measure passed 5-2.
Also on Monday, the Havre City Council passed a six-month ban on new medical marijuana providers and on those who want to expand.
Voters approved the Montana Medical Marijuana Act in 2004. But a recent boom in patients and caregivers has exposed gray areas in the state’s laws, and Montana’s cities and towns are testing ways to regulate commercial growers.