Katelyn Baker
Well-Known Member
Pot growers are crying foul because Jackson County so far is refusing to grandfather in existing medical marijuana grows on rural-residential land.
A spring 2016 change to state law made medical marijuana grows illegal on rural-residential land in the county. Recreational marijuana grows were already illegal on the land zoned for country living.
However, county officials said medical marijuana growers who already had been raising pot on rural-residential land could apply to be grandfathered in by qualifying for a pre-existing, nonconforming use permit.
The permit application fee is $1,700.
The Jackson County Development Services Department has issued a string of tentative staff decisions denying the applications - triggering a wave of appeals.
Each appeal costs an additional $250, plus attorneys' fees for growers seeking legal help.
The county has convened a special panel of three county hearings officers to hear the appeals. Usually appeals are heard before one hearings officer, but the county wanted to bring three together to ensure the appeals decisions are uniform, said Development Services Director Kelly Madding.
The panel heard testimony on four appeals earlier this week and will hear four more appeals next week.
A decision on the issue could come in March or April, Madding said.
She said some growers have been angered by the tentative staff denials of their applications.
"No one likes to hear, 'No.' People know it's an application that could be approved or denied," she said.
Madding said the county's code is clear that only activities permitted by code can be allowed.
Marijuana grows have generated hundreds of complaints to county officials.
Neighbors have complained about skunk-like odors from maturing marijuana plants, noise, traffic, aggressive guard dogs, gun-toting growers, strangers coming and going, area wells running dry and other problems from some grows.
Portland-based lawyer Ross Day, who represents numerous medical marijuana growers in their appeals, said most of the complaints are probably generated by a handful of grows.
He said the county is unfairly denying the growers' applications.
"The county made a representation to people they would be grandfathered in if they were already growing on rural-residential land, but then concocted an excuse for denying these applications," Day said. "They told these farmers they would be able to continue what they're doing. I think they were lying through their teeth."
Madding said the county has made no promises that the applications would be approved. Planning staff members also have been informing new potential applicants that applications received so far have been denied and the issue is going before the hearings officers.
"The county does not promise or predict that a land use application will be approved," she said. "We can't do that with anyone. We're obligated by state law to take every application we're given. We've been informing people of the tentative staff decisions. If people want to apply, they can apply. We don't tell people to apply or not to apply. They can decide to apply or not."
Information about the tentative staff denials hasn't been updated in some arenas.
In a Frequently Asked Questions document on the county's website, the county addresses the issue of medical marijuana grows in residential zones by saying, "Lawfully established medical marijuana grows in residential zoning that existed prior to changes in state laws and Jackson County ordinances may be eligible for what is called a Non-Conforming Use Verification."
Day estimated there are 2,500 medical marijuana grows on rural-residential land in the county.
"Someone in the county has it out for these farmers," he said.
Day said if the county continues down the path of denying applications, medical marijuana growers will begin filing hundreds of complaints against ranchers and farmers of other crops who are operating without permits.
"It will be absolute chaos in Jackson County," he vowed.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Medical Pot Grows Denied
Author: Vickie Aldous
Contact: 541-776-4411
Photo Credit: Joe Rondone
Website: Mail Tribune
A spring 2016 change to state law made medical marijuana grows illegal on rural-residential land in the county. Recreational marijuana grows were already illegal on the land zoned for country living.
However, county officials said medical marijuana growers who already had been raising pot on rural-residential land could apply to be grandfathered in by qualifying for a pre-existing, nonconforming use permit.
The permit application fee is $1,700.
The Jackson County Development Services Department has issued a string of tentative staff decisions denying the applications - triggering a wave of appeals.
Each appeal costs an additional $250, plus attorneys' fees for growers seeking legal help.
The county has convened a special panel of three county hearings officers to hear the appeals. Usually appeals are heard before one hearings officer, but the county wanted to bring three together to ensure the appeals decisions are uniform, said Development Services Director Kelly Madding.
The panel heard testimony on four appeals earlier this week and will hear four more appeals next week.
A decision on the issue could come in March or April, Madding said.
She said some growers have been angered by the tentative staff denials of their applications.
"No one likes to hear, 'No.' People know it's an application that could be approved or denied," she said.
Madding said the county's code is clear that only activities permitted by code can be allowed.
Marijuana grows have generated hundreds of complaints to county officials.
Neighbors have complained about skunk-like odors from maturing marijuana plants, noise, traffic, aggressive guard dogs, gun-toting growers, strangers coming and going, area wells running dry and other problems from some grows.
Portland-based lawyer Ross Day, who represents numerous medical marijuana growers in their appeals, said most of the complaints are probably generated by a handful of grows.
He said the county is unfairly denying the growers' applications.
"The county made a representation to people they would be grandfathered in if they were already growing on rural-residential land, but then concocted an excuse for denying these applications," Day said. "They told these farmers they would be able to continue what they're doing. I think they were lying through their teeth."
Madding said the county has made no promises that the applications would be approved. Planning staff members also have been informing new potential applicants that applications received so far have been denied and the issue is going before the hearings officers.
"The county does not promise or predict that a land use application will be approved," she said. "We can't do that with anyone. We're obligated by state law to take every application we're given. We've been informing people of the tentative staff decisions. If people want to apply, they can apply. We don't tell people to apply or not to apply. They can decide to apply or not."
Information about the tentative staff denials hasn't been updated in some arenas.
In a Frequently Asked Questions document on the county's website, the county addresses the issue of medical marijuana grows in residential zones by saying, "Lawfully established medical marijuana grows in residential zoning that existed prior to changes in state laws and Jackson County ordinances may be eligible for what is called a Non-Conforming Use Verification."
Day estimated there are 2,500 medical marijuana grows on rural-residential land in the county.
"Someone in the county has it out for these farmers," he said.
Day said if the county continues down the path of denying applications, medical marijuana growers will begin filing hundreds of complaints against ranchers and farmers of other crops who are operating without permits.
"It will be absolute chaos in Jackson County," he vowed.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Medical Pot Grows Denied
Author: Vickie Aldous
Contact: 541-776-4411
Photo Credit: Joe Rondone
Website: Mail Tribune
damn hippies anyway 
