Marijuana zoning still hazy in Polson

POLSON - As the reality sets in that medicinal marijuana is here to stay, cities and towns throughout Lake County and the state grapple with zoning ordinances and how to regulate the businesses and people that take part in growing, selling and buying the plant and its byproducts.

Two registered caregivers in Polson have preempted the city in their plans after they opened a storefront shop on U.S. Highway 93 in downtown Polson. Daryl and Preston, both of whom asked to have their last names withheld, say they officially opened Western Montana Pain Management in February but held an open house on April 20, a date that has become an unofficial marijuana smoking holiday. Preston estimated that 70 people stopped in throughout the day to learn more information about the processes involved with becoming a patient or caregiver of medical marijuana, something Preston doesn't refer to as marijuana or weed or pot, but rather as medicine.

"The whole idea of living in America is being free," Preston said. "If this is legal, you should be able to choose where you buy your medicine, who you buy it from, the quality of the medicine. What it all boils down to is it's a plant. There's nothing scary about it."

Towns throughout the county have taken steps to create temporary zoning ordinances that will limit where medical marijuana caregivers can open a store. In Ronan on March 8, the city council voted to create an ordinance limiting grow operations or storefronts to the south side highway commercial district. The temporary ordinance, which passed by a 6-1 vote, will last for six months, and the council plans to have an idea on a permanent ordinance by then.

Polson, on the other hand, passed a temporary six-month moratorium on storefront medical marijuana businesses during its March 15 city council meeting. The moratorium poses a blanket ban on storefronts, but authorizes residential operations to continue.

The guys at Western Montana Pain Management aren't too concerned. They say they have a legitimate operation, and because they say they opened before the moratorium was imposed, are legally "grandfathered" in, and can't be shut down by the city.

"The fact is, you look at the economy, and business growth, any business growth, is good," Preston said. "We're gonna get tax dollars, we're going to put money into the schools, the education programs, money for the law enforcement. These are things we actively want to do for the community, and we're being held back from that."

The storefront is open by appointment only, Preston said, and they do not grow or keep marijuana on site. The main point, Preston said, is to be a visible presence in the community for people to come for information or to find caregivers.

The store is nondescript, with hardwood floors, a couch and table, and a display case, which remains empty. Bob Marley and a "Gnome Grown" poster adorn the walls, and Preston has taped up newspaper articles pertaining to medicinal marijuana in the plate glass windows that look out on the street.

Despite its minimalist approach, Preston said the storefront serves its designated purpose. He said some of the arguments made at earlier city council meetings wanted the medicinal marijuana process to be behind closed doors, which he and Daryl believe defeats the purpose of the law.

"Now you're telling somebody who and where they can go buy their medicine from," Preston said. "We don't tell people, ‘hey you've got to go to Safeway and buy this brand of aspirin and that's it.' The difference now is people can come out and be legal about it, be smart about it, get your card, and not have to worry about looking over your shoulder or getting in trouble or being arrested for something as simple as having a little bit of dried grass."

The city zoning issue was discussed at a special public meeting Tuesday night at the Lake County Courthouse. Though neither Daryl nor Preston was at the meeting, approximately 20 citizens showed up for the discussion, in addition to eight advisory board members. Several Polson City Council members were in attendance.

Todd Crossett, the Polson City Manager, emphasized that the board is merely an advisory board to the city commissioners, who will have ultimate discretion in how to zone inside city limits. Members on the board include planning board members, a police officer, a school superintendent and a downtown business owner, among others.

Discussion at the meeting was far-ranging and varied. Some people expressed concern about where people can grow, smoke and sell medicinal marijuana, while other questions dealt with jurisdictional issues between the city, county, state, tribal and federal governments. Multiple people brought up possible effects on children.

Crossett said at the meeting, in response to a question, that as far as he knew, the city could not decide to tax medicinal marijuana businesses.

"The city has no independent ability to raise taxes," Crossett said.

That statement brought up more questions: If medicinal marijuana storefronts are allowed in Polson city limits, what is the benefit for the city, and what is the cost?

That seemed to concern Polson police Sgt. and board member Wade Nash, who worried that shops in the city will put a strain on the PPD's budget and operating abilities.

"It's the storefronts that will bring attention," Nash said.

When an audience member mentioned that Western Montana Pain Management has opened shop within the city limits, board members Crossett, Sgt. Nash, and Polson city planner Joyce Weaver admitted they were unaware.

In closing the meeting, Sgt. Nash used a pun unintended to sum up the medicinal marijuana situation in the area: "This is gonna grow," he said. "It ain't going away."

The special zoning advisory board will meet again on May 7 at the courthouse.