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Commissioners table decision after heated public hearing on allowing indoor cannabis grows in B-1 zones
Summary
After hours of public comment for and against a zoning-text amendment that would permit indoor cannabis cultivation in neighborhood business (B-1) zones, Flathead County commissioners voted to table the item so they can review new submissions and further consult planning staff; planning board had been split 3-3 with no recommendation.
A Flathead County public hearing on Dec. 9 over a proposed zoning-text amendment to allow indoor cannabis cultivation in B-1 (neighborhood business) zones ended with the county commissioners tabling the measure for further review.
Supporters, including attorney Erin McGarvey for First Class Grass and proponent Rick Breckenridge, urged commissioners to adopt the amendment so long-running, small-scale growers can operate with clear local rules. "This is a preexisting nonconforming use," McGarvey told the board, adding that state oversight from the Cannabis and Alcohol Regulation Division (CARD) already regulates odor and other operational matters.
Opponents from the nearby Northwind subdivision and parents of children who attend local dance and gymnastics classes pressed the board to deny the amendment, citing persistent odors, traffic and safety concerns near child-centered uses. "The awful smell is terrible," one resident testified. Another resident said the property line distance to a dance studio measured roughly 175 feet, under a 300-foot buffer that appears in a staff zoning report.
Planning staff told commissioners the planning board had no formal recommendation after a 3-3 tie. Commissioners said they received new material at the hearing they needed time to review. Commissioner (speaker 2) moved to table the matter and return on a later date; Commissioner (speaker 4) seconded the motion, which passed by voice vote.
What happened next: planning staff said the amendment does not need to return to the planning board before the commissioners reconsider it. The board indicated it expects additional workshops from planning staff early next year to discuss marijuana zoning and buffering standards. The commission did not vote on the substance of the amendment during the Dec. 9 meeting.
Why it matters: The amendment would change where indoor grow operations are allowed in unincorporated Flathead County and could affect existing operations that growers say have operated for years under state oversight. Neighbors contend the change would allow a use they find incompatible with adjacent residences and child-centered businesses.
Next steps: Commissioners will reconvene on a future date to continue consideration of FCZTA-25-03 after they and planning staff digest the written comments and new material submitted at the hearing.
