Jacob Redmond
Well-Known Member
Many Jackson County cities have had a love-hate relationship with medical marijuana dispensaries, but most are now starting to embrace the idea.
A May 1 deadline for moratoriums on dispensaries - set by the state to give communities time to develop ordinances to establish time, place and manner of operation - has come and gone.
Cities such as Ashland, Talent, Phoenix, Central Point and Gold Hill, as well as Jackson County, have allowed dispensaries, but Rogue River is a "maybe."
"We're still a long way from resolving everything," said Mark Reagles, Rogue River city administrator.
Reagles said his city passed an ordinance in April allowing dispensaries but increased the distance they must be from schools to 1,200 feet instead of the state-required 1,000 feet. Also, the dispensaries must be 1,200 feet from each other.
The city still can't issue business licenses to dispensaries, however, because of the federal Controlled Substances Act, which lists pot as a Schedule 1 drug in the same category as h*roin.
"We still have a business license ordinance that requires a business not to violate federal law," Reagles said.
Medford, Jacksonville and Eagle Point also cite federal law as their reason for not following state law and use the "home rule" argument, which means local governments can pass laws as they see fit, as long as they abide by state and federal constitutions.
Reagles said the Rogue River City Council hopes to find a solution to issuing business licenses to dispensaries by the end of May.
"One option is to let the state take the hit on this," Reagles said. In other words, the city might draft an ordinance that somehow puts the onus of violating federal law on the state of Oregon.
So far, five individuals have approached the city wanting to set up a dispensary, Reagles said. However, based on zoning and the distance requirements, the city likely will be able to accommodate only two dispensaries, he said.
Rogue River's struggles are playing out across the state.
Medford and Eagle Point have said no to dispensaries while passing ordinances that would allow them to be taxed. Jacksonville also said no to dispensaries and doesn't have a tax on the books.
Some cities and the county are waiting to see whether the Legislature will allow cities to tax recreational marijuana once it becomes legal on July 1.
Shady Cove has found that it, too, has room for only two dispensaries. The city approved a business license ordinance in April that allows dispensaries in commercial zones.
Aaron Prunty, Shady Cove city administrator, said it's been difficult getting to this point, particularly when the Legislature hasn't finalized the rules for medical and recreational marijuana.
"It's confusing for cities right now," Prunty said.
Tom Humphries, community development director for Central Point, said, "The council generally would prefer not to have them."
His council didn't want a legal fight with the state over the issue, so it crafted an ordinance that is somewhat more restrictive than the state's. The 1,000-foot rule also applies to parks and residentially zoned lands, he said.
Humphries said his city didn't want the kind of legal challenges Medford has endured to keep dispensaries out. Medford passed a permanent moratorium against dispensaries, though the city continues to struggle with how to react to new state laws, including the legalization of recreational marijuana.
"We don't have the deep pockets as does Medford," Humphries said. "We're willing to recognize what transpired in the state."
By the city of Central Point's calculations, a pot dispensary could open in the Albertsons shopping center or near the Sonic restaurant on the other side of the freeway. Some other commercial areas that haven't been developed also could be included.
Humphries said the council soon will decide whether it wants to ban backyard grows, although indoor grows still would be allowed. Medford also has struggled with this issue because of complaints from some residents about the smell emanating from marijuana plots.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Most cities in Jackson County now allow pot dispensaries - News - MailTribune.com - Medford, OR
Author: Damian Mann
Contact: Contact Us
Photo Credit: Mail Tribune / Bob Pennell
Website: Home - MailTribune.com - Medford, OR
A May 1 deadline for moratoriums on dispensaries - set by the state to give communities time to develop ordinances to establish time, place and manner of operation - has come and gone.
Cities such as Ashland, Talent, Phoenix, Central Point and Gold Hill, as well as Jackson County, have allowed dispensaries, but Rogue River is a "maybe."
"We're still a long way from resolving everything," said Mark Reagles, Rogue River city administrator.
Reagles said his city passed an ordinance in April allowing dispensaries but increased the distance they must be from schools to 1,200 feet instead of the state-required 1,000 feet. Also, the dispensaries must be 1,200 feet from each other.
The city still can't issue business licenses to dispensaries, however, because of the federal Controlled Substances Act, which lists pot as a Schedule 1 drug in the same category as h*roin.
"We still have a business license ordinance that requires a business not to violate federal law," Reagles said.
Medford, Jacksonville and Eagle Point also cite federal law as their reason for not following state law and use the "home rule" argument, which means local governments can pass laws as they see fit, as long as they abide by state and federal constitutions.
Reagles said the Rogue River City Council hopes to find a solution to issuing business licenses to dispensaries by the end of May.
"One option is to let the state take the hit on this," Reagles said. In other words, the city might draft an ordinance that somehow puts the onus of violating federal law on the state of Oregon.
So far, five individuals have approached the city wanting to set up a dispensary, Reagles said. However, based on zoning and the distance requirements, the city likely will be able to accommodate only two dispensaries, he said.
Rogue River's struggles are playing out across the state.
Medford and Eagle Point have said no to dispensaries while passing ordinances that would allow them to be taxed. Jacksonville also said no to dispensaries and doesn't have a tax on the books.
Some cities and the county are waiting to see whether the Legislature will allow cities to tax recreational marijuana once it becomes legal on July 1.
Shady Cove has found that it, too, has room for only two dispensaries. The city approved a business license ordinance in April that allows dispensaries in commercial zones.
Aaron Prunty, Shady Cove city administrator, said it's been difficult getting to this point, particularly when the Legislature hasn't finalized the rules for medical and recreational marijuana.
"It's confusing for cities right now," Prunty said.
Tom Humphries, community development director for Central Point, said, "The council generally would prefer not to have them."
His council didn't want a legal fight with the state over the issue, so it crafted an ordinance that is somewhat more restrictive than the state's. The 1,000-foot rule also applies to parks and residentially zoned lands, he said.
Humphries said his city didn't want the kind of legal challenges Medford has endured to keep dispensaries out. Medford passed a permanent moratorium against dispensaries, though the city continues to struggle with how to react to new state laws, including the legalization of recreational marijuana.
"We don't have the deep pockets as does Medford," Humphries said. "We're willing to recognize what transpired in the state."
By the city of Central Point's calculations, a pot dispensary could open in the Albertsons shopping center or near the Sonic restaurant on the other side of the freeway. Some other commercial areas that haven't been developed also could be included.
Humphries said the council soon will decide whether it wants to ban backyard grows, although indoor grows still would be allowed. Medford also has struggled with this issue because of complaints from some residents about the smell emanating from marijuana plots.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Most cities in Jackson County now allow pot dispensaries - News - MailTribune.com - Medford, OR
Author: Damian Mann
Contact: Contact Us
Photo Credit: Mail Tribune / Bob Pennell
Website: Home - MailTribune.com - Medford, OR
