Marijuana growers in violation of county codes
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POLSON — Tenants who are growing medical marijuana in a building in Polson’s South Hills neighborhood applied last week for a zoning conformance approval application after county officials notified them that they are in violation of county zoning ordinances.
After the Lake County Planning Department sent a letter Nov. 1 to the tenants, a Mission Mountain Holdings, LLC, notifying them that unless they could show that whatever specific activities are taking place at 35647 South Hills Dr. are allowed under county ordinances, they would be in violation of the Polson Development Code. The building in question is located in a Highway Commercial Zoning District, which prohibits all industrial and agricultural uses of the property. And “all uses not explicitly permitted are prohibited,” planning director Joel Nelson explained in the letter.
Nelson toured the building in question two weeks ago and said he saw marijuana growing, but no operations beyond growth of the drug. That would most likely mean that the activity at the building would be classified as agricultural, but the issue is confusing since the end product is a drug, unlike most agricultural products, he explained.
“But I haven’t really ruled out the possibility that it could be industrial,” Nelson said.
Either way, growing marijuana at the site isn’t allowed, he said. But the planning department will review the tenants’ application for zoning conformance approval, which usually takes three to six weeks.
“I can’t imagine it taking that long, since they’re applying for something I’ve already told them is prohibited,” Nelson said.
Deputy County Attorney Kurt Moser said legal action is usually a last resort in cases like this, unless the zoning violation is deemed an emergency by county officials.
“My office doesn’t typically get involved unless the planning department hits a dead-end wall,” Moser said. “And we’re not at that point yet.”
South Hills residents unhappy with the presence of medical marijuana in their neighborhood continue to push for legal action by the county, and several people met with the county commissioners Dec. 16 to discuss the issue.
“We’re just upset here,” South Hills Homeowners Association president Dennis Lewis said. “I’m ready to file a citizen’s arrest.”
Lewis, a former investigator with the U.S. Department of Defense, said he also spoke with Assistant U.S. Attorney Timothy Racicot in Missoula about the issue.
“I have observed numerous marijuana plants growing at the building … These marijuana plants, when fully grown and (harvested) are distributed throughout Montana … and possibly across state lines to Washington state, per statement of one of their employees,” Lewis wrote in a complaint to Racicot.
Lewis said he was told Racicot would forward the information to the Drug Enforcement Administration.
