Local governments exploring options with legal marijuana

With the dawn of 2021, possession of up to an ounce of marijuana for adults age 21 or older becomes legal in Montana, and local governments are wrestling with ways to exert at least some control over a landscape that is likely to look, and smell, much differently than before.

Both the Ronan City Council and the Polson City Commission continued that task in earnest during their regular meetings Monday night.

Ronan’s discussions have been multifaceted, and were sparked in part by a request from Ronan-based Mission Mountain Holdings to open a new medical marijuana facility in part of the former Sports and Western building. A 2010 ordinance passed under “emergency” status prohibiting such shops within city limits expired long ago — a fact that emerged as the state considered a license application for the proposed enterprise.

State officials sought clarification from the city regarding the application, and ultimately Monday night the council opted to have city attorney Ben Anciaux respond with a letter stating that there are no ordinances on the books preventing the proposed medical marijuana dispensary at the site where it has been proposed.

However, complicating the matter is the recent statewide Initiative 190, passed Nov. 3 with broad support both across Montana and locally, that decriminalizes the possession of marijuana for recreational use and initiates the process of establishing a system for retail sales.

The phrase “the voters have spoken” was thrown around frequently during both of Monday’s meetings. That said, local municipalities still have plenty of decisions before them.

“There will be marijuana in Ronan, and there’s not a thing you can do about it,” Anciaux told the council. “The question is, do you want to regulate it?”

While marijuana possession within city limits will be legal regardless of what the city does, it is within the power of the council to prohibit all dispensaries — medical and/or recreational — from city limits, primarily through zoning ordinances.

All cities across the state will have to decide at some point whether to allow dispensaries; how to structure any local licensing requirements; whether, and how, to limit the number of dispensaries; and what level of control to exercise over the transportation of marijuana and its public use, among many other issues.

Another option beyond the cities’ control would be for residents to seek a local referendum banning such businesses, but that seems unlikely here given the results of the Nov. 3 election.

A few Ronan councilors seemed surprised to learn that there was strong local support for I-190. Ronan’s two precincts each had at least 62% of voters in favor of legalization. Elsewhere, all eight of Polson’s precincts also supported the initiative, with a range of 51% to 67% voting yes. The measure also received solid support from precincts in St. Ignatius, Arlee and Charlo. One of two precincts in Pablo supported I-190 66% to 33%, while the other voted 49% for and 50% against.

With all that in mind, the Ronan Council voted on two questions Monday, aside from the letter to the state regarding existing ordinances.

The first question: Should the council pass an ordinance or zoning that prevents dispensaries in Ronan? Councilor Chris Adler made a motion to pursue the option, and received support from Councilors Ellen Kaphammer and Ellen Kaphammer. Voting against were Councilors Marilynn Tanner, Calvin Hardy and Julie Moore. Mayor Kim Aipperspach also voted against, breaking the tie.

That result led to the second question: Should the city license and regulate dispensaries within city limits? Hardy made a motion to pursue that option and received support from all other councilors except Adler.

The Polson Commission’s deliberations were spurred in part by a call from Ward 2 Commissioner Tony Isbell for the city to get out front of the issue and exert control with public-use ordinances. Isbell conducted a Powerpoint presentation for the commission Monday night that provided statistics on the negative impact to public health legalization has had in other states. He also shared his firsthand knowledge of the dangers of the drug trade from his time as a law enforcement officer.

“I don’t have anything against the responsible, casual user,” he said. “And I don’t want to step on anyone’s constitutional rights.”

He suggested the city consider public-use rules similar to those in place for alcohol, namely a ban in public spaces such as parks and an “open container” requirement that marjuana be covered and inaccessible to drivers within city limits. He also suggested possible requirements to limit the “public nuisance” of persistent marijuana aroma in public.

Police Chief Wade Nash addressed the commission following Isbell’s presentation.

“I believe there should be accountability,” Nash said. “I also believe there should be the opportunity for people to use responsibly.

“As a city, we should stand up and say we don’t want to be a drug-ridden city. But we also should respect constitutional rights.”

Ultimately the commission directed City Manager Ed Meece to begin the process of forming a committee tasked with providing regulatory options for the city. Commissioners agreed that such a committee should include judges, prosecutors, business owners and a variety of other residents.

Decisions loom for the Confederated Salish and Kootenai Tribes as well. Tribal leadership historically has been staunchly opposed to legalization on the reservation. And since state laws do not apply to CSKT jurisdictions, marijuana will remain illegal in those areas.

The Tribal Council has yet to issue an official statement on the matter since the election, and no formal decisions have been announced.

In his remarks to the commission Monday, Police Chief Nash suggested the tribes potentially could keep possession illegal for all tribal members within the bounds of the reservation, meaning there could be areas where it’s illegal for members but not for non-members.

Initiative 190 sets a 20% state tax on marijuana sales. By law, the application process for recreational-use dispensaries must be in place by Oct. 1 and may begin as early as July 1.

Montana is among 16 states so far to legalize both medical and recreational marijuana.