Phoenix gives marijuana facility 6 more months to resolve odor problem

Phoenix city officials gave a marijuana cultivation facility struggling to control its odors another six months to solve the problem after an inspector said smells were still emanating a day before a July 13 public hearing.

The decision came two months after city officials first told the facility to get the marijuana potency in check. The facility's operator, Trulieve, was seeking a renewal of its annual use permit needed to continue operations when a handful of businesses in the area objected.

An attorney for two companies in the 24th Street area south of Interstate 10, Corey Foley, said an "unpleasant" and "skunk-like" odor from the facility had disturbed the community for a year, in violation of Phoenix codes.

One of several conditions companies must comply with to receive use permits, pot-related or not, is that they do not emit odors exceeding "ambient conditions" of the area — in other words, no noticeable smell outside the boundaries of the business. Foley said companies didn't want Trulieve's permit revoked, — at least not yet — they just wanted the smell to go away.

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Trulieve representatives at the May 4 hearing agreed to a 60-day delay to implement mitigation measures, including sealing doors, the outside dumpster and the facility roof, as well as installing more air and carbon purifiers.

Three days before the July 13 hearing, all signs pointed to a likely approval for Trulieve. City officials told The Arizona Republic an inspector had visited the facility four times without smelling any odor. Lauren Niehaus, the government relations director for Trulieve, said, "We look forward to a favorable outcome for the renewal of our use permit."

But everything changed July 12. Neighborhood Services Department sent an inspector for a final check-up — a different inspector than the previous four occasions. Betsy Cable told the hearing officer July 13 that she smelled marijuana from her car 25 yards away from the facility and as she drove toward it.

The smell got stronger the closer she got. It became "overpowering" as she stepped in the lobby and a facility door opened, Cable told the hearing officer July 13. Cable said she attributed the smell to the facility's exterior roll-up door being open as she arrived. Likewise, once in the facility, the smell grew stronger as one of the doors opened.

Cable acknowledged, however, that once doors closed, the smell seemed to dissipate quickly.

The hearing officer asked why the two inspectors' accounts differed so significantly.

Foley, the attorney for a couple surrounding businesses, told the hearing officer that odors at marijuana cultivation sites can vary depending on the growth cycles and phases within the growth cycles, meaning odors emit at different levels of severity throughout the day.

A Trulieve representative said the company recognized the problem had not yet been resolved, though it had significantly improved since May. He added that smell is "subjective," not easily measurable and that it varies depending on external conditions, such as heat. Phoenix's summer weather was exacerbating the issue, he suggested.

City officials, Trulieve and Foley agreed to a tenant improvement plan, meaning Trulieve will submit a written guide outlining how it plans to solve the problem. The permitting process should take three weeks, city officials said, so they recommended four months to give the company time to draft its plan.

The odor does not need to be contained within the facility but rather cannot emanate beyond the company's physical facility boundaries.

Foley requested six months to allow Trulieve time not just to draft its plan but to implement it, too. That way, when the next hearing comes around, approval will depend not just on Trulieve's willingness to adopt measures but the efficacy of those measures.

The hearing officer agreed and set a date for Jan. 18. If Trulieve's odor problems persist in January, the hearing officer could schedule a hearing to revoke the company's use permit, which could prevent it from operating.

Until then, the company's permit has not technically been approved nor revoked, a planning department staffer explained. While in limbo, Trulieve can continue operating.

Reporter Taylor Seely covers Phoenix City Hall for The Arizona Republic. Reach her at tseely@arizonarepublic.com or by phone at 480-476-6116.

This article originally appeared on Arizona Republic: Phoenix gives marijuana facility 6 more months to fix odor problems