Robert Celt
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The decision places a moratorium on future marijuana-related businesses outside city limits.
Deschutes County commissioners decided Monday to temporarily ban future marijuana businesses in unincorporated areas after expressing concern about whether a package of proposed regulations was ready for approval.
County commissioners voted unanimously for the "opt out" with the intention of revisiting the temporary ban in 90 days.
The temporary ban applies to future businesses that would be licensed by the state for marijuana growing, processing, retail sales and wholesaling. It also applies to businesses that wish to grow medical marijuana or open dispensaries. The decision doesn't affect potential businesses within city limits. Existing medical marijuana growing operations are not affected.
Commissioner Tony DeBone was not initially in favor of the opt out, wishing to address the land use regulation now rather than later. But he wavered after the option of revisiting the temporary ban after 90 days was proposed.
The county can rescind the ban at any time from now until November. County commissioners did not express support for bringing the ban to the November general election. If commissioners put the issue on the ballot, the ban would need to be approved by voters to be permanent.
County commissioners also decided to form a citizen advisory committee in early 2016 that would review and make further recommendations on proposed marijuana land use regulations.
Commissioner Tammy Baney said during Monday's meeting imposing regulations at this point would be a "wild card" and prone to potential legal challenges.
"I don't want us to be the test pilot and take this straight to the crash site," Baney said.
The proposed county regulations would have set requirements for zoning of licensed marijuana businesses in unincorporated areas. The draft rules would have also set certain standards such as limiting odor, lighting and noise where marijuana is grown.
The Oregon Farm Bureau cautioned the county in a letter this month about potential challenges to the restrictions given that state law protects farmers' rights. Oregon has a "right to farm" law that protects farmers from nuisance lawsuits over dust, smell and noise generated by the process.
Baney said the county should wait and see if similar regulations in other jurisdictions are appealed.
Clackamas County approved marijuana land use regulations Thursday. Jackson County will consider regulatory proposals next month.
"If we opt out today, we have an opportunity to have those challenges occur, and we can always take up this issue tomorrow, the next day, in two weeks or two months," Baney said.
Commissioner Alan Unger said he believed the county could reach a "conclusion we're comfortable with" because of the opt-out and extra time.
"This has been a really frustrating process.. ... It's difficult to create certainty when there's uncertainty that we're dealing with," Unger said.
Clackamas County residents have until mid-January to appeal the marijuana regulations. If appealed, the adopted regulations would then be reviewed by the Oregon Land Use Board of Appeals.
David Doyle, Deschutes County's legal counsel, told commissioners potential challenges would likely not be resolved by November. An appeal to LUBA could take up to four months for a decision. If appealed further, the Oregon Court of Appeals would potentially take six to nine months to render a decision, he said.
Doyle said a challenge could also be generated in response to a code enforcement complaint. A marijuana grower could dispute whether noise, odor or light can be considered a nuisance because of the right-to-farm law. That path would end up in a county circuit court.
The county had the option of placing a temporary ban and referring it to voters because of House Bill 3400. Sixteen counties, mostly in Eastern Oregon, have chosen to exercise the option. Counties and cities that voted at least 55 percent against Measure 91 were able to institute a ban without putting it on the general election ballot. Deschutes County voted nearly 52 percent in favor of the ballot measure that legalized recreational marijuana.
The Oregon Liquor Control Commission is scheduled to start taking license applications for growers and other recreational marijuana businesses Jan. 4. One of the first items applicants must have is a statement of land use compatibility from the city or county where the activity takes place.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Oregon: Deschutes County Temporarily Bans Marijuana Businesses
Author: Ted Shorack
Contact: The Bulletin
Photo Credit: None found
Website: The Bulletin
Deschutes County commissioners decided Monday to temporarily ban future marijuana businesses in unincorporated areas after expressing concern about whether a package of proposed regulations was ready for approval.
County commissioners voted unanimously for the "opt out" with the intention of revisiting the temporary ban in 90 days.
The temporary ban applies to future businesses that would be licensed by the state for marijuana growing, processing, retail sales and wholesaling. It also applies to businesses that wish to grow medical marijuana or open dispensaries. The decision doesn't affect potential businesses within city limits. Existing medical marijuana growing operations are not affected.
Commissioner Tony DeBone was not initially in favor of the opt out, wishing to address the land use regulation now rather than later. But he wavered after the option of revisiting the temporary ban after 90 days was proposed.
The county can rescind the ban at any time from now until November. County commissioners did not express support for bringing the ban to the November general election. If commissioners put the issue on the ballot, the ban would need to be approved by voters to be permanent.
County commissioners also decided to form a citizen advisory committee in early 2016 that would review and make further recommendations on proposed marijuana land use regulations.
Commissioner Tammy Baney said during Monday's meeting imposing regulations at this point would be a "wild card" and prone to potential legal challenges.
"I don't want us to be the test pilot and take this straight to the crash site," Baney said.
The proposed county regulations would have set requirements for zoning of licensed marijuana businesses in unincorporated areas. The draft rules would have also set certain standards such as limiting odor, lighting and noise where marijuana is grown.
The Oregon Farm Bureau cautioned the county in a letter this month about potential challenges to the restrictions given that state law protects farmers' rights. Oregon has a "right to farm" law that protects farmers from nuisance lawsuits over dust, smell and noise generated by the process.
Baney said the county should wait and see if similar regulations in other jurisdictions are appealed.
Clackamas County approved marijuana land use regulations Thursday. Jackson County will consider regulatory proposals next month.
"If we opt out today, we have an opportunity to have those challenges occur, and we can always take up this issue tomorrow, the next day, in two weeks or two months," Baney said.
Commissioner Alan Unger said he believed the county could reach a "conclusion we're comfortable with" because of the opt-out and extra time.
"This has been a really frustrating process.. ... It's difficult to create certainty when there's uncertainty that we're dealing with," Unger said.
Clackamas County residents have until mid-January to appeal the marijuana regulations. If appealed, the adopted regulations would then be reviewed by the Oregon Land Use Board of Appeals.
David Doyle, Deschutes County's legal counsel, told commissioners potential challenges would likely not be resolved by November. An appeal to LUBA could take up to four months for a decision. If appealed further, the Oregon Court of Appeals would potentially take six to nine months to render a decision, he said.
Doyle said a challenge could also be generated in response to a code enforcement complaint. A marijuana grower could dispute whether noise, odor or light can be considered a nuisance because of the right-to-farm law. That path would end up in a county circuit court.
The county had the option of placing a temporary ban and referring it to voters because of House Bill 3400. Sixteen counties, mostly in Eastern Oregon, have chosen to exercise the option. Counties and cities that voted at least 55 percent against Measure 91 were able to institute a ban without putting it on the general election ballot. Deschutes County voted nearly 52 percent in favor of the ballot measure that legalized recreational marijuana.
The Oregon Liquor Control Commission is scheduled to start taking license applications for growers and other recreational marijuana businesses Jan. 4. One of the first items applicants must have is a statement of land use compatibility from the city or county where the activity takes place.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Oregon: Deschutes County Temporarily Bans Marijuana Businesses
Author: Ted Shorack
Contact: The Bulletin
Photo Credit: None found
Website: The Bulletin
