Jacob Redmond
Well-Known Member
With its one-year moratorium on medical marijuana set to expire May 1, the City Council revisited the issue during a work session Monday and ultimately decided to continue to impose a business license ban on medical marijuana facilities moving forward.
The council voted unanimously in April 2014 to support a one-year moratorium on state-licensed medical marijuana dispensaries being placed within city limits.
Resolution 1620 allowed the city to place a one-year ban on medical marijuana from May 1, 2014 to May 1, 2015. Though the Oregon Legislature decriminalized medical marijuana sales in 2013, a bill passed at the end of the 2014 legislative session allowed cities to impose a one-year moratorium if they were so inclined.
Surrounding cities such as Wilsonville, Tigard and Sherwood also enacted one-year moratoriums.
During Monday's work session, the council was presented with a number of options for when the moratorium expires. Beyond the business license ban that is already in place, the council also had the option to impose a land use ban through city code, issue a direct ban, regulate dispensaries with new land use restrictions or simply allow the placement of dispensaries that comply with state laws.
The council ultimately decided to proceed with the existing business license ban, which is found in the West Linn Municipal Code. According to that code, all licensed businesses must abide by federal, state and local laws. As Assistant City Attorney Megan Thornton noted, medical marijuana remains illegal under federal law, thus eliminating the possibility of any dispensary from obtaining a business license in West Linn.
"Let's keep it the simplest route," City Councilor Brenda Perry said. "Legislating it, you're going to get loopholes, it's a huge amount of work to develop everything that ties up all the loopholes. ... The business license (ban) seems to handle it right now."
City Councilor Jenni Tan asked about the possibility of litigation against the city regarding a business license ban.
"There has been some litigation over business license bans regarding medical marijuana, but the good news is they're not happening here in the City of West Linn," Thornton said.
"I just don't see this as a community value we should move forward with," City Councilor Thomas Frank said.
The discussion did not cover recreational marijuana, which was approved for sale in Oregon last November in a measure that is effective July 1. Thornton said the council will revisit that issue at a later date "if we need to."
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: City will continue ban on pot dispensaries
Author: Patrick Malee
Contact: EmailMe Form - Letter to the Editor
Photo Credit: None Found
Website: Pamplin Media Group
The council voted unanimously in April 2014 to support a one-year moratorium on state-licensed medical marijuana dispensaries being placed within city limits.
Resolution 1620 allowed the city to place a one-year ban on medical marijuana from May 1, 2014 to May 1, 2015. Though the Oregon Legislature decriminalized medical marijuana sales in 2013, a bill passed at the end of the 2014 legislative session allowed cities to impose a one-year moratorium if they were so inclined.
Surrounding cities such as Wilsonville, Tigard and Sherwood also enacted one-year moratoriums.
During Monday's work session, the council was presented with a number of options for when the moratorium expires. Beyond the business license ban that is already in place, the council also had the option to impose a land use ban through city code, issue a direct ban, regulate dispensaries with new land use restrictions or simply allow the placement of dispensaries that comply with state laws.
The council ultimately decided to proceed with the existing business license ban, which is found in the West Linn Municipal Code. According to that code, all licensed businesses must abide by federal, state and local laws. As Assistant City Attorney Megan Thornton noted, medical marijuana remains illegal under federal law, thus eliminating the possibility of any dispensary from obtaining a business license in West Linn.
"Let's keep it the simplest route," City Councilor Brenda Perry said. "Legislating it, you're going to get loopholes, it's a huge amount of work to develop everything that ties up all the loopholes. ... The business license (ban) seems to handle it right now."
City Councilor Jenni Tan asked about the possibility of litigation against the city regarding a business license ban.
"There has been some litigation over business license bans regarding medical marijuana, but the good news is they're not happening here in the City of West Linn," Thornton said.
"I just don't see this as a community value we should move forward with," City Councilor Thomas Frank said.
The discussion did not cover recreational marijuana, which was approved for sale in Oregon last November in a measure that is effective July 1. Thornton said the council will revisit that issue at a later date "if we need to."
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: City will continue ban on pot dispensaries
Author: Patrick Malee
Contact: EmailMe Form - Letter to the Editor
Photo Credit: None Found
Website: Pamplin Media Group
