Josephine County, Ore. — After several public hearings, meetings and arguments from both sides about growing marijuana in rural areas of Josephine County, a new ordinance is ready to go into effect next month.
But a group is fighting the ordinance, saying farmers shouldn’t lose their rights if they choose to grow cannabis, and has appealed to the state Land Use Board of Appeals (LUBA).
The ordinance is in the books to go into effect March 6, but this group of farmers fighting the ordinance could put a halt to that.
Portland attorney, Ross Day, is leading a group of 44 farmers, who call themselves F.A.R.M.S. Inc., or Farming and Agricultural Rights Management Society. They said they feel their private property rights would be violated if new rules regulating marijuana go into effect.
The group filed an appeal the day after the county passed the ordinance in December.
“We’ve got people on both sides of this fence. Some like it. Some don’t. I said at the very beginning of any of our conversations about this – that nobody is going to get everything they wanted out of this ordinance,” said Dan DeYoung, Josephine County Commissioner.
According to county legal counsel, Wally Hicks, – they responded to the group’s appeal Wednesday. But Day said – the farmers should be able to keep their rights, and grandfathering, whether they grow cannabis, or not.
“The law says that the rights you have at the time you acquire your property are the rights you have until you sell it,” said Ross Day, attorney.
The ordinance lists certain regulations in regards to time, place and manner. Some of the regulations in Ordinance 2017-002 include:
- Regulation of more than 12 plants. 13 or more, are considered commercial and must comply with code.
- The county makes no distinction between recreational or medical.
- A home must be on the lot. Campers cannot be used as dwellings.
- Growers must have more than five acres to grow commercially.
- Grows are limited to a micro-tier II – a max of 5000 square feet of canopy.
- Legal growers are eligible to apply for variances.
- The county limits 7 p.m. to 7 a.m.
- Fencing material is limited (no tarps or junk fences).
According to county counsel, it’s up to LUBA now. If LUBA grants the group’s motion – the ordinance will not go into effect in March. A decision is expected to be made in the coming weeks.
© 2024 KOBI-TV NBC5. All rights reserved unless otherwise stated.