Serving Whitman County since 1877
Serving Whitman County since 1877
The crowd listens as a woman gives public input at the county commissioners' chambers Tuesday morning.
Following a contentious public hearing, Whitman County commissioners voted Tuesday to extend the county marijuana moratorium for six more months.
The vote was unanimous. Commissioners Art Swannack, Michael Largent and Dean Kinzer previously stated their intention to extend the moratorium to allow time for the county planning commission to finish work on a proposed ordinance to regulate marijuana operations in the county.
The hearing started with Public Works Director Mark Storey, who oversees the planning department, briefing commissioners.
"We have a nice draft (of the ordinance), some new language, but it's not yet perfected," said Storey. "A month or two still of work."
Public comment followed with 10 to 12 people speaking. Each was in support of continuing the moratorium which bans any new marijuana businesses, whether producing, processing or retail. Several speakers criticized commissioners directly for lack of action on the subject.
No one spoke for lifting the ban.
Part of the criticism stemmed from earlier this summer when the county deemed a request by Selway Holdings, LLC, as credible for a proposed grow operation outside Pullman, suggesting they had a "vested interest" to grow marijuana before the ban went into effect in March. Selway had a permit from the county for what is known as an I-502 fence last November.
After Monday's hearing, Swannack indicated he will set up a workshop with the commissioners and planning commission staff to discuss the matter further.
"I think we need to sit down and talk again," he said.
The hearing
The first speaker was a man named Curtis Troll, who noted his support for continuing the moratorium and referred to other counties which have passed full bans.
"We're playing catch-up with other parts of the state," Troll said.
Kathleen Lloyd questioned the planning commission and county planner Alan Thomson.
She said he is biased.
"He is often used as an expert in areas not in his specialty," she said.
"The commissioners say it's up to the planning commission. The planning commission says that you guys have the final choice." said Lloyd. "We are asking for no new businesses in Whitman County, and please regulate the ones that are here."
She mentioned the code on marijuana in Benton County.
"It would require very little change and it would be done," she said.
In another point, Lloyd talked about enforcement.
"I'm concerned about the current moratorium not being enforced properly," she said.
Swannack then explained the issue with the vesting and the I-502 fence.
"There are many things you don't understand," said Lloyd, in further comments before her time was up.
Another woman spoke in favor of extending the ban, then another, Lisa Swanson. Nancy Gregory stood from her seat. Sandy Rhoades of Pullman went up to the table next to commissioners and spoke, saying the county should adopt regulations for a county of similar infrastructure as Whitman County, as opposed to Spokane County.
She then said more, noting the Selway "vested" matter.
"You have allowed Selway to expand. You have not kept your word on that," Rhoades said. "My parents are from (Klickitat County) and they stood strong... I don't feel like a single one of you are representing me fairly."
Applause came from the seats.
Melissa Ryan spoke next, a farm wife from Pullman, her husband a fifth-generation wheat grower.
"I've been to every one of these meetings and nobody speaks in support of this, except the growers," said Ryan. "Somebody's not listening. You guys didn't get on board with this and now Whitman County is a mess. Pretty soon your constituents are gonna rise up. Whitman County is gonna be front and center on the nightly news."
Lonnie Cordova spoke in support of a continued ban.
"Our county doesn't have to do this. No one is forcing us to allow," she said.
Linda Commons spoke in support of the moratorium, to wait for more data, saying existing operations should have quality control in regards to air and water.
Another woman suggested Thomson is biased. A man stood, Jim Burton, and spoke further for the temporary stoppage.
"You guys are wheat farmers... if you don't know what you're doing, bring in somebody that does. Get the full load before you sign up," he said, then referred to the vesting matter. "...It grandfathered in a program. Plan around it, guys. Get an expert. If there's no experts, say no."
Applause came again from the seats.
Aftermath
Later Monday, Swannack commented from commissioners' chambers how it all went.
"I'm getting closer and closer to a ban on all of it," he said. "Just have what you have right now and stop."
"I wish several years ago we passed an ordinance," said Storey.
"Several years ago we had very regimented rules from the state on what could and couldn't be done. The state has totally re-done much of this in the last couple of years," said Swannack, referring to indoor/outdoor growing rules.
Swannack answered questions from the Gazette Monday afternoon.
"I'm a little frustrated that, when we try to give people honest facts about law and they didn't want to accept them," said Swannack, referring to land use and vesting.
What is the biggest surprise in all of this?
"That the individuals behind the grow operations haven't said anything," said the commissioner. "The only voices we are hearing from are those for the moratorium... That makes me think some who have spoken earlier may have been voices out of the county."
Several commenters in the meeting mentioned the issue of smell from growing marijuana plants.
"My opinion is I don't see how we zone for the outdoor growing and make sure the smell doesn't bother people," Swannack said.
State and federal law plays a prominent role in all of this, he suggested.
"What I can't believe is the federal government deciding not to enforce a law. I thought eventually they would shut this down," Swannack said. "I don't think something illegal at the federal level should be allowed to be legal at the state level."
Does he feel stuck between the state and constituents?
"I believe we're acting on good faith as commissioners," he said. "I'm responsible to my constituents but at the same time I'm elected to follow the law."
Is the planning commission or Thomson biased?
"The planning commission has been a successful process for a long time in this county," Swannack said. "For Alan, I haven't seen that. I believe he's a planner diligently going step by step by what's possible."
Public input
As for members of the public who came again to the latest hearing to give their view, the process has caused wear as well.
In her comments, Lloyd said this cause is not her full time job but felt like it is.
"They're passing the buck, that's why we're frustrated," Lloyd later said. "Between the commissioners and the planning commission."
She is part of an effort gathering petitions to present to commissioners on the issue next week.
"What we want is no new businesses," said Lloyd. "Businesses already here can stay. We don't, but that's what we think is fair."
When the first moratorium was put in place six months ago, commissioners asked the planning commission to come up with a way to successfully regulate marijuana in Whitman County, without impacting human health, welfare and safety.
The planning commission's work since has aimed to answer that.
Key issues being worked on now, according to Thomson, are setbacks – how far away from neighbors does a grow operation need to be without being a nuisance? – and avenues for complaints.
The Washington State Director of Commerce, Lisa Brown, was set to speak at the planning commission meeting Wednesday night in Colfax.
Garth Meyer is a former Whitman County Gazette reporter.
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