Phoenix, Ore. -- A judge sides with the City of Phoenix and the medical marijuana facility "The Greenery" will remain closed for now.
Basing his decision on federal law Jackson County Judge Ron D. Grensky approved a preliminary injunction against The Greenery.
"I think it was very important that we get The Greenery to stop operations, so the council doesn't feel any business can just do what they want," commented Phoenix Mayor Jeff Bellah, following the decision.
The operator of The Greenery, Andrea Adams also spoke after the proceedings, "It's not surprising, but I just believe the scheduling of cannabis on federal law is completely erroneous."
Adams went on to say her facility is not a dispensary, but a non-profit. She and Phoenix have spent months going head to head over operating in concurrence with the town's moratorium.
Monday was just another example of head butting. At times the arguments became heated.
The defense said the city's first moratorium does not use correct language... arguing that makes the ordinance invalid. Mayor Jeff Bellah admits there's a problem, "It's been a big learning curve for the city, we have to get much better."
But the prosecution argued, and the judge ultimately agreed, that despite problems with the moratorium language, The Greenery is still out of compliance.
The two hinge their decision on the Federal Substance Act.
"There are a lot of options and remedies to us outside this court as well," said Adams. She would not elaborate on what those other options may be.
A hearing will now be scheduled to decide if the injunction will become permanent. The Mayor of Phoenix says they are only seeking an injunction that lasts until their moratorium expires on May 1st of next year.
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