The Times - Serving Waitsburg, Dayton and the Touchet Valley

DAYTON – A request by Cobalt Cannabis Co. for a condition use permit to develop a marijuana grow facility in northern Columbia County was the subject of a public hearing on Monday. If the CUP is approved, the facility will be located at 402 Paulson Road.

After concerns were expressed by neighboring landowners about potential liability from pesticide spray drift, the business owner and applicant, Meri Bush, said she has revised her plans to limit the facility to an indoor grow only. Her application originally stated that an outdoor grow area would be included at the facility.

During the hearing, Andrew Kottkamp, the Hearings Examiner for Columbia County, received testimony from several concerned citizens. The primary concern came from the Hutchens family, who are worried about their liability if chemicals from their farming operation damages or destroys the proposed marijuana crop. The chemicals that are used are highly concentrated, and are applied to control broadleaf plants, of which marijuana is one.

The Poulsen Road property features a house, garage, milking barn and pole building, and it is only 45-60 feet from the Hutchens family farm.

County Planning Director Meagan Bailey said Bush applied for the conditional use permit on April 23. Bailey said a SEPA review was performed, and she received comments from the Public Works Department, the Department of Health, the Department of Ecology and three members of the public, including Clay Hutchens and his father, Bob Hutchens.

Bailey said that it is her department’s recommendation to approve the conditional use permit with 12 conditions, including a condition limiting the grow to indoors only.

In his testimony, Clay Hutchens said, “I want to be a good neighbor, but the proximity practices may have an effect on us. The weather is out of our control, and once in a while there is chemical drift,” he said.

Hutchens said his insurance agent told him he could rack up $600,000 in liability if such damage were to occur, and his policy might only cover $50,000 of the cost. “I’m not comfortable with that level of risk,” Hutchens said.

State Farm Insurance Agent Bette Lou Crothers echoed Hutchens. She said marijuana is a high value crop and growing it outdoors poses a potential financial disaster for Columbia County farmers.

County Commissioner Norm Passmore said he is in favor of having the county limit the grow to indoors only.

There is no legal precedent, or much information available, on studies conducted regarding plant death and/or damages from common agricultural sprays, Bailey told Kottkamp.

Matthew Dittman, the grower employed by Bush, said that the facility covered by the requested permit will now be completely indoors. The plants will be 100% sealed in a greenhouse and charcoal filters applied to eliminate any odor, he said.

Bush said that she may consider expanding into greenhouses in the future. However, greenhouse grows are considered outdoor grows by the state. She agreed that any such expansion would require a new CUP application.

Kottkamp said he will review Monday’s testimony and release a written ruling within 10 working days on whether the permit will be approved, with the conditions required by the county.