7th District Appeals Growhouse Decision

Originally Published: May 31, 2023

A group of 7th District residents have filed an appeal against Seven Points Agro, the company operating the cannabis growhouse in Abell. This growhouse sparked controversy over the last several years as residents spoke out against the construction of a 52,000 square foot warehouse in a rural, residential area. The original plans were approved by the Department of Land Use and Growth Management in 2018 permitting the large growhouse with 20 employees and 800 cannabis plants.

Last year, after residents called for the County Commissioners to intervene, the Commissioners passed an ordinance regulating where medical marijuana growers and processors could operate in St. Mary’s County. Subsequently, the growhouse in Abell became a nonconforming use in the Rural Preservation District, the zoning type applied to the property on which the warehouse was constructed. The County’s Comprehensive Zoning Ordinance limits expansion of a nonconforming use to 50%, requiring approval from the Board of Appeals for any expansion of 25% or more.

In October 2022, LUGM approved an amended site plan for Seven Points Agro’s growhouse, expanding the number of employees to 75 and the number of plants to at least 23,000. The building permit, approved in 2021 by LUGM, was for the 52,000 sqft warehouse with plans to use the septic system already on site. The amended site plan, while increasing the number of employees and plants on site, also included construction of a second septic system to accommodate the increase. The Health Department is responsible for approving septic systems, and they signed off.

Filed in November 2022, the appeal argument is based on the language in “Chapter 52 - Nonconforming Uses” of the Comprehensive Zoning Ordinance. The relevant section, E, reads “in the event the area of the proposed expansion or enlargement exceeds 25 percent of the existing structure or use the enlargement or expansion must be approved by the Board of Appeals.” Because of the large increase in employees and cannabis plants, the Appellants argue there is an “enlargement or expansion” of the “use” of the current structure. Based on that interpretation, the appeal argues LUGM does not have the authority to approve the amended site plan–that authority rests solely with the Board of Appeals. The Appellants are asking the Board of Appeals to overturn LUGM’s approval of the amended site plan.

Lawyers for Seven Points Agro made several points to defend their client. First, they note the Appellants have filed several appeals with several agencies. The insinuation is the Appellants are throwing everything at the wall to see what sticks. Next, Seven Points Agro believes this particular appeal is filed inappropriately because, they say, it is based on the expansion of the septic system over which the Board of Appeals has no jurisdiction. Septic systems are approved by the Health Department, a state agency, and regulated by the Maryland Department of the Environment.

In a separate presentation, County Attorney John Houser stated that an appeal related to the septic expansion was filed with MDE by the Appellants, but MDE did not overturn the approval.

Finally, Seven Points Agro argues the increase in employees and plants in the building is not an “expansion” but rather an “intensification” and is not within the purview of the Board of Appeals. Seven Points provided an example of a growing pile of metal at a scrap yard which does not require new permits because it is within the current use of the property. Additionally, Seven Points notes the new recreational cannabis law recently signed by Governor Moore, which specifically curtails a county’s ability to regulate and limit the cannabis industry.

A motion to dismiss the appeal was filed by Seven Points Agro. During the Board of Appeals meeting on 5/25/23, board member Daniel Ichniowski made a motion to dismiss the appeal which ultimately failed on a 3/2 vote. This matter has been continued to the June 8th meeting of the Board of Appeals.

What are your thoughts on this latest development regarding the cannabis growhouse in Abell?