Ouray County shut down a controversial marijuana grow facility in 2023 after four years of conflicts with neighbors.
TOP STORIES OF THE YEAR: GROW FACILITY SHUTTERED
Ouray County shut down a controversial marijuana grow facility in 2023 after four years of conflicts with neighbors.
The final decision came in August, when commissioners denied a renewal request from MS Support, which had operated on Log Hill Mesa.
A two-day, five-hour hearing ended with commissioners deciding co-owners Daniel Castillo and Fernando Taboada did not fully meet six of the seven stipulations the board gave in March to regain compliance with the county’s marijuana ordinance.
During the Aug. 16 hearing, Commissioner Jake Niece said MS Support received enough guidance and opportunities to follow the county’s directives.
“This has been a pattern from MS Support that is confounding to me. It seems like more work goes into preparing for hearings like this than just completing the things that we ask,” Niece said. “I cannot support going around again and putting some conditions on a license renewal.”
Land Use Department staff members recommended not renewing MS Support’s license for multiple reasons, primarily the facility’s history of odor complaints. Complaints about visual impacts – including glare from the facility’s roof – also went unresolved for years.
During the Aug. 15 hearing, Ouray County Senior Planner Bryan Sampson said MS Support didn’t include certain airflow and seal tests for both greenhouses and the office building, though it later provided airflow tests for the office building. A March 28 resolution required the company provide certain documentation, including those tests, by April 27.
The Land Use Department’s presentation stated Castillo and Taboada were also previously warned the county could suspend, revoke or not renew their license if they didn’t address odor issues.
Castillo and Taboada refuted those claims, claiming they submitted all required information in a timely manner and tried controlling odors by installing odor mitigation equipment, performing multiple air tests, sealing the facility and shutting it down to implement solutions.
MS Support-hired contractors testifi ed the company did everything economically feasible to comply with the county’s stipulations. They stated the facility was sealed as much as possible without impacting operations.
Tests found 13 of the 437 recorded samples, or 3%, found elevated levels of cannabis terpenes, the chemical compounds which give the plant its distinctive smell, around the property.
Contractor reports also detected cannabis odor near the facility when exhaust fans were off and recommended installing an additional odor control device by a problematic exhaust fan, along with placing pressure sensors around the facility.
Those actions followed a separate public hearing in February that saw commissioners assess a $5,000 fine on MS Support for an odor complaint the Land Use Department substantiated in July 2022.
At the time, the board decided to delay the company’s license renewal hearing to give Castillo and Taboada a chance to rectify issues before deciding whether to approve or deny their renewal application.
During the public comment period, supporters and opponents pleaded their case as to why the board should take their side.
“The current investigation process is akin to the mine operator discharging pollutants into Sneffels Creek but the county taking water samples upstream of this discharge point and declaring, ‘Eureka! Clean water,’” said Ridgway resident David Sellers.
Those backing MS Support felt the investigation, which was mostly driven by complaints made by four addresses located either on County Road 22 or Melody Lane, wasn’t fair.
“I’ve been in grows all across the state, across New Mexico, across the country, and (MS Support’s) operation is one of the best, most clean, well-operated grows I’ve been in. The constraints that they’re put under, I mean this whole hearing honestly just blows my mind,” said Rocky Mountain Cannabis partner Natalie Ricks. “It’s totally unprecedented for the industry. And it kind of feels like a witch hunt to me, and pretty biased.”
Nearly a month after commissioners decided not to renew MS Support’s cultivation license, the board approved a resolution settlement that allowed the facility to remain open until Nov. 17 — the day before its state license expired.
That agreement let the company finish its grow cycle and remove equipment. In exchange, MS Support waived its right to appeal the denial, file lawsuits for monetary damages or seek a court order further delaying or preventing closure.