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Kalispell May Ban Land Use For Marijuana

Payaso

Original Editor of ICMagazine
Veteran
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.

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.
Read the full story by clicking here.
 

Skip

Active member
Veteran
You can expect this to get even WORSE if the legalization initiative passes. It gives even more power to localities to zone and ban any cannabis growing/selling activity.
 

PharmaCan

Active member
Veteran
If I'm not mistaken, SCOTUS has ruled that zoning laws can't be used to ban one specific type of activity.

I'm really torn on the Cannabis Initiative. I hate these elections where you have to choose between the lesser of two evils. However, if it passes, I think that greed is going to overcome drug war fever when municipalities see that there's money to had in cannabis.

PC
 
I

ijimunot

The zoning laws are being used by anti cannabis people in government to inflict paranoia into others. If the federal government enforced monetary guidelines on one state or local government they would have to enforce them on all. You don't win re election that way.
 

growclean

Grow Clean.... Go Fast!
The attorney representing this is not very savvy. I have not seen any precedent that supports the theory that the federal government pulls funding from a municipality for allowing state legal medicinal cannabis use within its boundaries....
 

nomaad

Active member
Veteran
All due respect, but if they "did it like its done" on the east coast, the entire nation would be starved for quality ganja. No offence, but the HUGE demand in this country for herb is satisfied by the fine growing conditions of sunny california. You'd have to blow up every other basement in Long Island to feed the demand in NYC. Hundreds and Hundreds of pounds find their way to the cities of the east every week. I lived the first 2.5 decades of my life in the east... I will always be a new yorker... but the truth is the truth.

But don't worry, if the Cali grow scene is slowed down, there will always be plenty of cartel-grown mountain schwagg (not the same as what u might call schwag on the east coast) to take its place. The best thing about it is that the schwagg will cost the same as the AAA outdoor (that you were probably sold as indoor) did last year. (hope my east coast brethren can see the sarcasm dripping from this paragraph.)
 

nomaad

Active member
Veteran
The most important thing to note here is what Payaso calls a "conspiracy"... I don't like to use that word because about 50% of all the humans in this country will stop listening to you and half of the remaining folks who will continue to listen will ask you if you want to borrow their tinfoil hat while you tell them your great truth.

But the reality is that there is an organized group coordinating attacks against MMJ. They follow a playbook. They are good at things like this. The right wing is way better at playing this game than progressives have ever been. Especially MMJ progressives.

The same kind of attack is being carried out across the state... The Lake County ordinance is explicitly modeled after the Shasta ordinance that was successfully enacted.

An equally coordinated defense is required.

In a video on the ICM frontpage, Bill Maher cuts right to it when he commented that ganja smokers are a tolerant bunch... and while its a great quality, I'd like to see a lot less tolerance and complacency in this community when it comes to the defense of our civil and patients' rights. Myself included. I have not been to a single demo or attended a single BOS meeting... I am officially changing that right now and starting with the Lake County BOS meeting on Tuesday.
 

Hydro-Soil

Active member
Veteran
Looking for a reason as to why all of this confusion and b.s. is possible? (You'd think there would be SOME sanity in the U.S.)

Read the attached pdf
 

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  • Martial Law---Since the Civil War.pdf
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2

2Lazy

Poorly written article. I'm starting to notice this as a trend. If this movement wants some credibility then they should really try finding someone with a little writing skill.

At no point in the article does the author tell us what state Kalispell is in. They mention Montana. They reference "the state's" but not once does it establish WHERE.

That's one of those big things, who, what, where, when, why, and how. If a grown person cannot fulfill those answers in an article then they fail. Thank you, please come again.

The fed says illegal, the state says legal, the county says legal, the city says illegal, and the person says legal. It's completely fucked up. I say that if you're against pot then move to a place that is against pot, and stop trying to ruin everyone elses good times.
 
All due respect, but if they "did it like its done" on the east coast, the entire nation would be starved for quality ganja. No offence, but the HUGE demand in this country for herb is satisfied by the fine growing conditions of sunny california. You'd have to blow up every other basement in Long Island to feed the demand in NYC. Hundreds and Hundreds of pounds find their way to the cities of the east every week. I lived the first 2.5 decades of my life in the east... I will always be a new yorker... but the truth is the truth.

But don't worry, if the Cali grow scene is slowed down, there will always be plenty of cartel-grown mountain schwagg (not the same as what u might call schwag on the east coast) to take its place. The best thing about it is that the schwagg will cost the same as the AAA outdoor (that you were probably sold as indoor) did last year. (hope my east coast brethren can see the sarcasm dripping from this paragraph.)


lol funny
 
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