Josephine County marijuana ordinance rejected by LUBA

Josephine County, Ore.- The Oregon Land Use Board of Appeals, or LUBA, has rejected a Josephine County marijuana ordinance.

The ordinance was meant to regulate marijuana grows in rural residential zones, but many growers said the new rules would violate their private property rights.

Back in December, a group of farmers, who called themselves F.A.R.M.S Inc, also known as ‘Farming and Agricultural Rights Management Society’ appealed the county commissioner’s ordinance, which at the time stated, marijuana in rural residential zones would be prohibited on a lot of five acres or less with the exception of 12 personal mature plants.

Wednesday, LUBA granted the group’s motion stating the county failed to notify residents by mail, and did not comply with procedural requirements.

According to Ross Day, the attorney for F.A.R.M.S., the decision is a big win for growers.

“They’re hopeful. They’re really hopeful that the county will work with us and not against us,” Day said.

Day has proposed alternatives which he says could help the county and the growers find middle ground.

“We will be able to get something done that is going to accomplish its goals and also not harm my clients,” he said.

The county has 30 days to decide whether or not they want to appeal LUBA’s decision.

NBC5 News reached out to Josephine County Commissioners for more information on what next steps will be, they were either unavailable, or had no comment.

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