Polson’s marijuana rules taking shape

The city of Polson on Monday took another step toward finalizing an ordinance to regulate recreational marijuana sales within city limits.

Members of the Polson City Commission voted on two items Monday night, including the first reading of an ordinance addressing a wide range of issues expected to arise when legal sales officially begin Jan. 1.

In preparing for the new law, the city assembled a marijuana task force last summer to examine all aspects of marijuana sales and suggest actions the city might consider.

Subjects addressed by the ordinance presented Monday include acceptable locations for marijuana shops, licensing, the transport of product through city limits, and local advertising standards.

State lawmakers outlined several criteria for the new industry last spring in House Bill 701, in response to Montana voters approving an initiative last fall to legalize recreational sales.

The bill sets parameters for such things as how close marijuana shops may be located to schools and churches. It also sets a statewide sales tax of 20% for recreational sales and 4% for medical marijuana.

Cities and counties must adhere to the rules set out in HB 701, but they also may enact their own rules if they feel the state standards are too lenient or do not address specific issues.

Polson’s ordinance, which still requires a second reading and Commission approval, states that such businesses must be located at least 300 linear feet from property zoned residential within city limits. They also must be 500 feet from all churches, and 500 feet from property, including parks, that is owned by the city. Businesses must also be located 500 feet from one another, and they must be 1,000 feet from “all public and private schools, not including home schools, which provide instruction in the class range from kindergarten to 12th grade.”

City Manager Ed Meece explained that all distances are measured from the entrance of the marijuana businesses to the closest outer edge of the relevant properties.

Ward 3 Commissioner Carolyn Pardini suggested the city consider adding daycare facilities to the list, and after some debate the phrase “state-registered daycares” was added to the rule regarding schools.

Pardini initially sought a delay in Monday’s vote since Ward 2 Commissioner Tony Isbell was not present. Isbell, a former law enforcement officer, played a key role in the drafting of the ordinance.

However, with Jan. 1 fast approaching, Pardini conceded that it was important to proceed so the city could have regulations in place as early as possible. Meece estimated that the earliest they could go into effect would be around Jan. 20.

Pardini also requested the Commission consider extending the allowed proximity to parks from 500 to 1,000 feet. Meece said city staff will examine that possibility before a second reading of the ordinance, currently scheduled for Dec. 20.

While commissioners want to do what’s best for the city, they acknowledged that setting the rules is not a simple exercise.

“We cannot get to a point where we absolutely exclude someone from having a business,” Ward 3 Commissioner Brodie Moll said.

“We do have to offer them some opportunity to exist,” Meece said.

City staff have been working on a map roughly outlining available areas for marijuana sales so commissioners have a better idea of how restrictive the rules are. Meece said a map will be included with the agenda for the Dec. 20 meeting.

Lake County currently has five registered medical marijuana shops, including several within Polson city limits. Those shops will be allowed to also offer recreational sales, should they qualify, even if their current location doesn’t meet the standards of the proposed ordinance.

The first reading of the ordinance passed on a 4-0 vote, including Ward 2’s Laura Dever. Along with Isbell, Ward 1 Commissioners Lou Marchello and Jan Howlett also were absent.

Prior to considering the ordinance, commissioners also approved a resolution to request the county place a 3% local tax on the ballot. The move was a bit of a formality since Lake County commissioners already approved the ballot question last week.

The county initially scheduled a special election for April to consider the local tax, with possible implementation beginning in June. However, it was later determined that the question instead would be added to the June primary ballot to spare local governments most or all of the costs of a special election, which was estimated to be about $20,000 to be split among the county and the cities of Polson, Ronan and St. Ignatius.

Voters will decide in June whether the 3% local tax should apply to recreational and/or medical marijuana. If passed, the tax will take effect in the fall.

The Ronan City Council, which also met Monday night, had a discussion of marijuana regulation on its agenda, though no ordinances have been proposed. The St. Ignatius Town Council also was expected to hold a discussion of the issue during its meeting Tuesday night. Like Ronan, St. Ignatius has yet to bring anything to a vote.