Marijuana business owners in Flathead County want to be able to sell and grow their products in one location, but some who live near the businesses don’t want to see growing operations next door to their homes.  

Jim Roth, owner of First Class Grass, submitted an application to the county seeking to allow indoor grow and cultivation in B-1 business zones. He has operated an indoor growing operation since the end of 2020, before the county began regulating cannabis operations in 2023.   

"It wasn’t until 2023, it became an issue for me,” Roth said.  

The cultivation, manufacturing and dispensing of marijuana is permitted in zones that allow for agriculture and produce stands.  

But the distribution of marijuana is only permitted in business zones. This has put limitations on some marijuana growers who want to save on costs by cultivating and dispensing under one roof. 

Flathead County commissioners on Dec. 9 held a public hearing on the proposed zone amendment. Allowing the growing of marijuana in the business zones worried some residents, who pointed out that there are children who visit other nearby businesses.  

“I woke up at three o'clock in the morning and I went out and I could smell it. It just permeated that whole area,” said Dana Fraley, who lives on Autumn Court, close to the business. “To have kids nearby ... that has to be very unhealthy and hazardous for them.”  

Ryan and Michelle Sanford told commissioners they can occasionally smell marijuana from their home, which they said is less than a quarter of a mile away from Roth’s store.  

“My three children all know what the smell of marijuana is because of First Class Grass,” Ryan said. 

However, others said the odor was subtle. Angela DeLuc said her child attends a nearby gymnastics studio, and they barely notice the smell. 

“I drive past Mr. Roth's operation multiple times a week,” DeLuc said. “I can tell you from firsthand experience that the odor, if it's detectable at all, as you drive past is minimal.” 

Attorney Erin McGarvey, with Rocky Mountain Law, said the zone amendment is a “common sense amendment.” Since cannabis growing is permitted in R-1 residential zones, McGarvey said it makes more sense to permit it in zones aligned with business operations.  

“It’s a great first step in the right direction. It supports a burgeoning industry that gives our state millions of dollars in tax revenue,” McGarvey said.  

Cannabis sales have 4% state tax on medical marijuana and 20% state tax on recreational marijuana, plus a 3% tax on recreational marijuana goes to the county. Between January 2022 and November 2025, state tax revenue totaled more than $211 million from the cannabis industry, according to the Montana Department of Revenue. 

Rick Breckenridge, owner of Breckenridge Surveying and Mapping, said the cannabis industry is a legal business in Montana that should receive equal protection under the law. Proponents of the zone change argue that breweries are allowed to cultivate beer in business zones and that cannabis owners should be granted the same ability. 

“The wrestling you have to deal with today, I see, is does it give equal protection under the law?” Breckenridge said. “We need these guys to have a fair shake.” 

In response to the odor marijuana produces, Breckenridge said these types of operations, including the mitigation of odors, are already regulated by the state.  

“I know that some of the comments are the noxious odors that this type of industry can produce,” Breckenridge said. “Well, we all have that, same in whether it’s the mills, with the smell of the kilns, or the feed lots, the smell of the farm and market pork.” 

The cultivation of marijuana now is permitted in agricultural zones (AG-80, AG-40, AG-20), suburban agricultural zones (SAG-10, SAG-5), rural neighborhoods (R-2.5), residential zones (R-1) and business service districts. 

County commissioners unanimously voted to table the matter and revisit it at a later date, concluding they needed more time to discuss it.  

“I'm not ready to move ahead right now. I mean, if we do, it's going to be pretty convoluted,” Commissioner Randy Brodehl said. "This would set a precedent for the future. I don't want to mess this up.” 

Reporter Hannah Shields can be reached at 758-4439 or [email protected].