Last month, the Code Compliance Department in Winslow issued three citations to The Medicine Room, a medical marijuana dispensary and cultivation facility. The facility was given an arraignment date in the Winslow City Court of Oct. 31. However, all three citations were dropped before that court date arrived. According to The Medicine Room representative, Dixon Oates, attorneys in the case came to a settlement allowing the facility to develop a plan to solve the issues cited and submit that plan to the city attorney, Nicholle Harris. It is unclear the allowed time period for submission, but The Medicine Room expressed intent to follow through.
The citations included one for odor, pertaining to Winslow Municipal Code 17.40.040 J 13, which speaks to the conditional use permit medical marijuana facilities operate under. The code reads, “There shall be no emission of dust, fumes, vapors, odors into the environment from the facility.” Oates agreed that odor mitigation is a difficult but necessary part of his business. As Oates explained in a city council meeting last month, “We have put in place six ionizing towers, and spent over $40,000 in odor mitigation.”
Oates also explained how the ionizing towers work, saying, “They change the molecular structure of the plant terpenes, which is what creates the smell of the plant.” He then assured citizens that though the smell may be offensive to some, the odor is not a hazardous emission and should be considered in the same way that the smell of a rose should be, “What we are growing are flowers,” Oates said, “just so everyone understands it’s not dangerous.”
Oates did not deny that the odor needs to be controlled, he explained that the facility and it’s owners are prepared to take any means necessary to remain in good standing with the community and city leaders. “He (Oates) has promised us mitigation measures on a couple of occasions in the last year or so, and they have not done a bit of good,” city manager Steve Pauken said, “I think he thinks he’s doing something. We can no longer allow anyone, particularly Dixon Oates to pretend that there isn’t a problem.”
When asked if the issue is with the product or simply the annoyance of smell, Pauken said, “From my perspective, it’s about the odor. He operates a legal business in the City of Winslow.”
Pauken went on to say that the catalyst for the odor citation issued by Code Compliance Officer Shane Chatwin were citizen complaints. “The two neighborhoods that appear to be most affected are the (Arcadia) trailer park adjacent to the facility, and the Iron Horse subdivision,” he said. Adding also, the area surrounding Bonnie Brennan Elementary School commonly called Desert View.
The mobile home park he referred to is located northwest of the facility, and the subdivision commonly called Iron Horse sits north east of the facility and approximately 300 yards away. The code pertaining to odor does not outline the distance at which the odor should be contained. Pauken explained that the complaints are coming from multiple citizens, but that the city keeps no record of those complaints, adding that some of those complaints have come from citizens voicing their concerns to Pauken personally in social or public settings. In addition, when inquiring about obtaining hypothetical records of complaints, City Clerk Suzy Wetzel said, “There were no formal complaints.”
Further, in an unofficial poll of approximately 30 residents of those subdivisions, responses varied. Most residents explained that they have noticed the smell, “It’s really strong in our neighborhood,” one resident of Iron Horse said, Desert View resident Samantha Crisp said, “Personally, I don’t mind it unless it is so strong that I can taste it. It has prompted some interesting questions from my kids, but opening a dialogue with them about it isn’t a bad thing.”
Some mentioned that it doesn’t bother them at all such as business owner Leroy Edwards who lives east of the facility, “It never gets as far east as my home,” he said, “it’s a flower, it’s going to smell a little. I personally like it.” Resident Monique Chavez agreed saying, “I personally love it, I don’t mind it at all. I’d rather smell The Medicine Room than the backed up main sewer lines.” None of the commenters reported making complaints to the city about the odor from The Medicine Room. In fact, with few exceptions, the consensus was that of mild annoyance as opposed to the quality of life hindrance city officials suggest.
“Certain aromas are pleasurable to the olfactory nerve, other aromas are not, it’s a fact of life. Does this pertain to this case? I don’t think so, because the odor causes annoyance and concern to a large number of Winslow residents, you have to deal with it, period, end of story,” Pauken said.
The other two citations were in accordance with ordinance 17.44.040 Q 20 and P 12. Ordinance P 12 states, “Marijuana shall be provided to registered patients and designated caregivers only in containers that comply with applicable State of Arizona standards.” According to both Oates and Ferris, The Medicine Room has remained in compliance with Arizona standards, deeming the citation irrelevant.
Ordinance Q 20 reads, “No person under the age of 18 shall be present on the premises unless said person is either a medical marijuana cardholder or is accompanied by a medical marijuana cardholder who is said person’s parent or legal guardian.” No proof was provided to The Tribune-News or to Oates substantiating the issuing of the citation pertaining to this ordinance. Pauken said, “I knew about the odor one, I think the other two are minor in comparison.”
Currently, The Medicine Room is not in danger of losing their place in the business community of Winslow. However, Pauken explained, “It is our responsibility as the local government to make sure he follows the rules,” adding, “I am firmly of the opinion that the solution is there, it is not the city’s obligation to determine technically how that happens, it is the city’s business to make sure he doesn’t infringe on the rights of his neighbors.”
Oates and The Medicine Room maintain that they have done and will continue to mitigate odor from the cultivation of medical marijuana to the best of their ability. Oates explained that part of the plan they are readying for submission includes spending an undisclosed amount of money in the near future on a system that releases essential oils into the air as it is being ionized. This system, as told by Oates, will be a continuous cost to the facility but is the next step in bettering their relationship with the City of Winslow and its citizens.
