Medford, Ore. — Marijuana legalization is on the horizon. Once July rolls around, Oregonians will be able to have and grow pot.
On Thursday, for the first time since Oregon voters decided to legalize marijuana, the Medford City Council sat down to discuss the issue. Councilors went head-to-head discussing possible rules regarding odor and fencing around grow sites. They also talked about how to penalize marijuana growers who don’t comply.
Councilors were presented with a proposed ordinance thatwould put restrictions on marijuana growers that include a requirement for a seven to eight foot tall fence around a grow site with a locked gate to keep the drug out of the wrong hands. A permit would have to be obtained in order to build a fence. That permit would cost about $100.
“People jumping fences to get to marijuana, that does happen,” said Kevin McConnell, Medford’s Deputy City Attorney.
The ordinance also addresses controlling the smell of cannabis.
“This is complaint based,” explained McConnell.
However that was an issue for both Councilor Chris Corcoran and Councilor Kevin Stine who said it would be an enforcement nightmare. This would especially be the case if two neighbors had on-going issues and one called the city time and time again about their neighbor.
In response, McConnell said it’s possible to make it so that there would have to be more than one complaint by more than one person.
“We’re not the first municipality to tackle this [odor issue], but we’re one of the first,” he said.
Another issue the ordinance address deals with keeping the marijuana grow hidden from public view. As written, growers would not be allowed to use fabrics like tarps or shade screens to keep their cannabis hidden.
Penalties and fines for non-compliance were also discussed. While fines would be on the table, McConnell said if a grower continually refused to comply with the ordinance, the city would be forced to obtain a warrant.
“We enter the property and we seize the offending property. In this case it would be the marijuana. That would be the last ditch remedy if somebody does not comply with this ordinance,” said McConnell.
He said the ability to take someone’s marijuana if they were non-compliant would help the city enforce the ordinance.
The proposed ordinance received mixed reactions from city councilors who went back and forth about different facets of it. In the meeting, Councilor Clay Bearnson said he doesn’t believe it’s reasonable to regulate odor.
“Does this open Pandora’s box for any odor that is offensive like the flower that smells like urine every Spring” Bearnson pointed out.
While Corcoran said he understands Bearnson’s point about the flower, residents who don’t like the smell of pot should have some recourse.
“It’s not fair to them they they’re smelling the skunk weed from their neighbor,” said Corcoran.
Councilors also discussed the possibility of allowing greenhouses in the ordinance. However, if a greenhouse were to exceed 200 square feet, it would need a permit.
For now, the proposed ordinance remains just that, a proposal until the city council can work out the details.
Discussion on Medford’s Medical Marijuana Dispensary Moratorium
Councilors also discussed possibly re-examining Medford’s moratorium on medical marijuana dispensaries. One concern is that once May comes around, the city will be open to lawsuits if it continues to enforce its permanent moratorium. That’s because the Oregon Legislature previously voted to only allow local municipalities to ban dispensaries until May 2015.
A number of people involved in the local medical marijuana industry were at the council meeting. They said they’re happy with today’s discussion.
“It seemed very practical and level headed and not so much of a knee jerk reaction to just shutting this out and let’s continue this permanent moratorium at all costs,” said Michael Monarch, CEO of Green Valley Wellness, a medical marijuana dispensary in Talent.
“The new council is definitely having a very good debate and they are addressing all the issues,” said Marlene Nuckols, owner of Mary Jane’s Attic. Nuckols ran a cannabis club called Mary Jane’s Basement that was shut down by the Medford City Council in March of 2014.
Nuckols said she still has her license from the Oregon Health Authority to open a dispensary but is barred from doing so because of Medford’s moratorium. In May, when the state’s allowance of moratoriums expires, she said she plans to pursue re-opening Mary Jane’s Basement.
There was no public comment at Thursday’s city council meeting and there was no vote on the ordinance.
It’s expected the council will revisit the proposal at a future meeting.
A draft of the proposed ordinance presented at Thursday’s city council study session can be found here:http://www.ci.medford.or.us/Files/3-12-15%20CC%20Study%20Session.pdf
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