Polson passes temporary marijuana storefront ban

POLSON - In an attempt to walk the line on medical marijuana ordinances, the Polson City Commission voted unanimously on Monday to institute a six month moratorium on storefront medical marijuana establishments, while authorizing smaller, "residential" operations to continue.

Those caregivers growing outside business zones and in "homes with occupancy allowed," are limited under the ordinance to two patients. State law dictates that caregivers are allowed six plants per patient.

The blanket ban stands for any "establishment," which was defined as a for-profit retail storefront operation.

The amended emergency moratorium on medical marijuana will stand for a maximum of six months. The council plans to research and institute a more formal and final zoning ordinance in that time.

Planning department director Joyce Weaver said no applications for business pertaining to marijuana sales have come to the city.

Commissioner John Campbell, who defended the "smaller, residential"caregiver grow operations throughout the meeting, made the motion to amend the moratorium listed on the agenda.

During a public hearing before the vote, no one spoke aggressively for a complete ban, even a temporary one.

Most residents said they favored a measured, well-researched final ordinance that would capitalize on the tax or fee revenue possibilities while still maintaining the privacy of caregivers and patients.

Commissioner Campbell argued that if home operations were shut down, it would force caregivers to move to storefronts. He contended that the word establishment in the emergency ordinance's original language would be applied to home growers.

Polson Police Chief Doug Chase said the main thing the commission should consider in an ordinance is location.

"I don't think a major dispensary belongs near a school," he said.

Getting a handle on the major operations before they pop up is also key, he said. He requested the commission require major businesses install "bona fide" alarm systems.

Caregiver, patient and store owner James Dale warned the council against a ban, saying he thinks there is a shortage of marijuana for patients in the area. Dale owns Mountn Ripp3r Medicinal next to Jette Store.

Campbell acknowledged that it would be hard to assess and enforce the new ordinance's in private homes.

"We'll put together the best [plan] we can for patients and the town, and still give everyone an opportunity," Campbell said.

The original ordinance was drawn up by city attorney James Raymond, who modeled it after Whitefish's current plan.

There was no discussion on how Tribal jurisdiction would play into the ordinance.

Confederated Salish and Kootenai Tribes spokesman Rob McDonald is looking into how CKST is handling the state law.