Since marijuana sales were legalized for adult recreational use in Montana in 2022, municipalities and counties across the state have been working to identify which zoning regulations conform to their unique communities as business owners do their best to comply.
Today, zoning laws vary statewide as jurisdictions navigate the recreational cannabis industry under the Department of Revenue, which had previously been housed under the Department of Health and Human Services. City and county officials over the last four years have been directing dispensary owners where to cultivate, process and dispense cannabis to allow their businesses to operate while avoiding community conflict.
For example, the City of Kalispell in 2021 passed an ordinance to restrict marijuana dispensaries, cultivation and manufacturing to industrial zones, which are limited to the city’s edge. The Whitefish City Council in 2023 increased the school and place of worship buffer to 500 feet. Missoula this year increased the buffer to 1,000 feet, which also includes youth-serving facilities, parks and recreation facilities and substance-use treatment centers.
Flathead County in 2023 limited cultivation and manufacturing to agricultural and residential zones, meaning some owners could not grow their plants in business zones where their product is sold. This requires many business owners to operate separate facilities in multiple locations to cultivate, manufacture and dispense their products.
But the dynamic changes have triggered headaches for those marijuana cultivators, manufacturers and dispensers, who are operating in a hazy climate of ever-changing overhauls and regulations.
Flathead County’s 2023 restriction prompted First Class Grass Farm owner Jim Roth to apply for a zone change that would allow his business to integrate vertically under one roof, which commissioners last year denied, citing a need for a county-wide update.
County officials in recent months have hosted multiple meetings and workshops centered around a marijuana zoning text amendment, which was privately initiated by Roth. Reviewed by the planning board last month, the proposal would add marijuana-associated uses, definitions and performance standards to the Flathead County Zoning Regulations, an expansion from the original proposal to add an indoor grow/cultivation facility to the B-1 neighborhood and professional business zone.
“This has expanded quite a bit,” Flathead County Planning and Zoning Director Erik Mack said. “We had a workshop with the planning board. I met with the applicant and a few other folks in the industry to talk about this and we came back with a new proposal.”
The updated proposal would add marijuana-associated uses as a conditional use in B-1 and multiple other business zones and permitted uses in some business and industrial zones. Additionally, the proposal would create a new designated marijuana section in the code, establishing operational, odor, ventilation, lighting and environmental control standards for all marijuana facilities.
Officials last week tabled a public hearing on that text amendment after Commissioner Pam Holmquist made a motion to reschedule the hearing until after the board hosts a workshop.
During public comment, Roth said he would love to participate in the workshop and invited county commissioners to tour his business.
“I’m happy to do whatever it takes to meet the requirements of the new one, although I think we’re already there,” Roth said. “I would just like to work with the committee make sure it all comes out right.”
Bigfork resident and licensed addiction counselor Leanna Troesh said she’s working across the state to strengthen zoning standards to promote public health and safety and establish protocol.
Location proximities, for example, have not been standardized and have created issues in other regions, she said.
“Tell us how far a dispensary needs to be within a school zone, within treatment centers, within childcare and daycare,” Troesh said. “What we’ve seen in other communities is we do have the ventilation and all of those standards are being met within those facilities, yet ventilation is blowing directly onto a daycare.”
Troesh was also concerned about market saturation as other cities begin to cap dispensaries and restrict dispensary zones.
“We really want to have a case-by-case review here because we do have such a huge saturation of dispensaries – in Evergreen specifically,” Troesh said.
I’m Maggie Dresser, here to light up this Monday edition of the Daily Roundup.
Deer Creek Fire Near Flathead and Lincoln County Border Grows to 963 Acres
Firefighters continue to build fire line around the blaze, which is located 18 miles west of Marion and remained at 0% containment as of Monday morning.
Wildfire Smoke Prompts Clean Air Pop-Up Events in Flathead Valley
Climate Smart Glacier Country will host a series of open houses Aug. 24-27 at three newly designated Clean Air Centers in Kalispell, Columbia Falls and Whitefish
After inheriting both her mother and grandmother’s ashes, Sarah Defelice traced her family’s deep Flathead Valley roots to the oldest section of the C.E. Conrad Cemetery where she laid them to rest while connecting with her past
Whitefish Planning Commission Amends Growth Policy to Limit 60-foot Buildings in Downtown
The matter will now go to the city council next month for a final decision on how to best address an impending state law that will allow the construction of 60-foot buildings downtown.
A mountain retreat between East and West Glacier in Essex; a Whitefish home with a detached shop near the Happy Valley trails; and a charming East Side residence in Kalispell
Whether you’ve been here for decades, or you’re new to the Flathead Valley, our reporting is here to help you feel smarter and in the loop about the issues most important to Northwest Montana. With your support, we can build a more engaged, informed community.
