It seems a great conspiracy against medical marijuana growers and users is being hatched nationwide. Using zoning laws to ban growing and the establishments catering to medical marijuana patients is the latest tactic.
Read the full story by clicking here.If the Kalispell City Council approves the first reading of a proposed law Monday night, the city could be on its way to an outright ban on growing or selling medical marijuana on land anywhere in city limits.
Monday’s discussion follows Wednesday’s decision by Flathead County commissioners to take no action on medical marijuana regulations beyond existing zoning laws. Several weeks ago, Columbia Falls council members agreed to rely on existing zoning rather than enact special provisions for medical marijuana.
Kalispell’s zoning text amendment — on the council agenda for its first reading Monday night — rules out any use of land that violates federal, state or local law.
The federal government still classifies marijuana as an illegal drug, even though the Obama administration announced last fall it won’t enforce the law in states that have legalized its medical use. Montana voters approved medical marijuana in 2004.
The hitch is that future administrations could reverse that policy and the city’s zoning law would directly contradict federal practice, City Attorney Charles Harball has cautioned.
Nearly all federal grants, loans and other agreements the city enters into require that the city follow federal, state and local laws.
That could jeopardize future funding and even result in the city being asked to repay federal money already received, Harball said on Feb. 16.
That’s when the council enacted a 90-day moratorium on new medical marijuana businesses.
The moratorium expires May 17.