Of the proposed moratorium on marijuana growing facilities | Guest Column

Published 7:37 pm Saturday, December 6, 2014

By Bob Jarman, County Councilman, District 1

In February of this year, the council began signing off on marijuana grow license requests we received from the state.

We did not turn down any requests, although there were questions on one application that had been sent to the town instead of the county.

In the process of working with the Washington state Liquor Board, it became clear that the state was not going to be involved in issues regarding land use or the type of facilities in which cannabis would be grown. No guidance had been offered by the state as to location of facilities, requirements and permitting regarding lighting, exhaust, water usage, security, parking, traffic, etc.

Important questions being asked by potential growers and their neighbors could not be answered because San Juan County has no regulations on marijuana grow facilities.

I proposed a limited moratorium on issuing greenhouse permits in order to give the county and the planning commission an opportunity to review the issues and develop a balanced policy regarding growing facilities. The same approach would have been applied to any new un-regulated, large-scale business (agricultural or otherwise) that may have a significant impact on neighborhoods.

Likewise, the proposed moratorium was intended to give all parties an opportunity to address growers’ concerns and provide assurances regarding permitting.

This is not a simple business. The USDA and the Washington Department of Revenue have both determined that cannabis production is not an agricultural business, but a light industrial business.

The council works on a 3-touch system towards adopting any proposed ordinance: an issue is introduced and if a majority wants to consider it further, the issue is moved on to a 2nd touch for review after county staff has had an opportunity to research the issue and bring forward a staff report.

During the interim between the review and consideration of an ordinance, more discussion may be involved, and more information is gathered. The planning commission (or other advisory committees such as, in this case, the Agricultural Resource Committee) may be asked to study and address the issue.

Public input is encouraged. If the issue rises to the level of council action, it is scheduled for a legally required public hearing to consider the ordinance and allow for continued public testimony. Throughout the process, a proposed ordinance can move forward toward adoption or defeat.

The council has not reached the third touch in the process. If a moratorium is deemed advisable, the issue would be passed on to the planning commission for direction concerning land use regulation. In addition, a moratorium cannot be retroactive. Therefore, it would not affect existing operations unless they wished to expand.

Our citizens’ mandates are the priority of the council. We (I) are not against the propagation and selling of marijuana. We (I) are not trying to undermine the rights of growers. Nor are we ignoring the concerns of the growers’ neighbors.  I believe in property rights and in being good neighbors.

Any assertion that I proposed a moratorium because I had a “small minority of people complaining against cannabis farming in their neighborhoods” is a red herring argument.

There are many unanswered questions regarding very important issues that should be addressed before growers spend thousands of dollars putting in facilities without any direction or guarantees. To do otherwise seems irresponsible for all parties concerned.

I was elected as a council member to represent all San Juan County residents. I have followed the mandate of the voters and I am working to find the best solution to land use issues as they pertain to marijuana cultivation. The county is not trying to make marijuana/cannabis illegal, nor does the council even have the legislative power to do so. Initiative 502 is state law and has the higher authority.

There will be ample public notice for people to express their opinions and concerns regarding the proposed moratorium to the council during the “next touch”.

Until then, I am available at my office and at any of the following phone numbers: office 370-7473; cell 298-1698; home 378-2952. I am also available via email: bjarman@centurytel.net and bobja@sanjuanco.com.

I invite Mr. Nollman and any involved citizen to engage in an open discussion. All council meetings are open and live-streamed through the county website.