Land use regulations: Is marijuana an ag crop?

Sooner or later, Whitman County commissioners must make a decision whether or not marijuana is an agricultural crop.

County Planner Alan Thomson on Monday asked the commissioners to discuss making some kind of resolution or ordinance declaring marijuana an agricultural crop.

“There have been questions about the use of land when growing and processing marijuana,” he said.

As a county, no official action has been taken, he said.

“Citizens don’t know what to do,” Public Works Director Mark Storey said. “We’ve kind of ignored it because of state and federal laws. If we make a statement or resolution that marijuana is an agricultural use, it wouldn’t be a statement for legalization. It would be for land use only.”

“Ninety-five percent of the county is agriculture zoned,” Storey said. “If we zone marijuana agricultural, we’re not condoning or condemning.”

He also said the issue of whether or not marijuana growing is an agricultural use is cloudy.

“There is room for argument that marijuana is not an agricultural crop,” Thomson said.

He said some counties have made resolutions allowing marijuana as an agricultural crop and some counties have not recognized marijuana as an agricultural product.

“I don’t know if any are saying it’s not an agricultural crop, but some have put moratoriums on it,” Thomson said.

Storey said he and Thomson discussed the issue with the county prosecuting attorney who believes some kind of resolution is in order.

“I’m not sure I’m comfortable going down that pathway,” Commissioner Art Swannack said. “But it’s not fair for you guys (the planning department) to be hung out there.”

“I can’t see that it’s not an agricultural plant,” Commissioner Michael Largent said. “In my opinion, it’s an agricultural crop.”

Largent emphasized he voted against Initiative 502 and that it isn’t a good public policy.

All three commissioners agreed they must discuss the issue and make a decision some time in the future.

On Monday, commissioners took no action on two applications for producing marijuana. Eleven applications have been relayed to the county from the state Liquor Control Board.