Urban Oregon Marijuana Growers Could Be Trimmed

Jacob Redmond

Well-Known Member
An eight-plant limit could be imposed on recreational pot gardens in cities under a series of changes contemplated by the Oregon Legislature as it attempts to tweak the state's new marijuana legalization law.

Recreational cannabis could also be grown within 1,000 feet of a school as long as it isn't visible, said Rep. Peter Buckley, D-Ashland.

On the medical marijuana side, Buckley has sponsored House Bill 3400, which would limit the number of plants grown by cannabis patients to 12 per household in city limits.

It would remain illegal to grow medical marijuana within 1,000 feet of a school, Buckley said.

"We're trying to minimize the number of larger medical grows in residential areas," he said.

As a result, recreational pot growers living in a household could be allowed to grow up to eight plants near a school, while a medical marijuana grower could not, Buckley said.

Ballot Measure 91, which was passed by voters last November, doesn't specify whether marijuana can be grown near schools, he said. However, laws currently on the books prohibit growing medical marijuana near schools.

Over the next few years, Oregonians will see a lot of changes to both the medical marijuana and recreational pot laws as issues arise and legislators try to find common ground with cities and counties that are wrestling with legalization, Buckley said.

"It is a very complex thing to bring an illegal substance into a legal realm," he said.

Measure 91 allows up to four plants for every adult. That means if 10 adults lived in a house, the law would allow them to grow a combined 40 plants. The tweak being considered by lawmakers would cap the household limit at eight plants per household within cities.

The medical marijuana program allows six plants per medical marijuana cardholder, but lawmakers want to cap it at 12 plants per urban grow site.

The state has made a rough forecast that 2,000 businesses and farmers will apply for licenses for recreational marijuana once the Oregon Liquor Control Commission begins accepting applications in 2016, Buckley said.

Buckley, who is a member of the Joint Committee On Implementing Measure 91, said he expects the state to reaffirm through legislation that the sole authority to tax cannabis should only come from the Legislature.

House Bill 3400 expressly prohibits municipalities from taxing medical marijuana.

Municipalities such as Medford and Jackson County have attempted to enact their own laws as a reaction to the legalization of both medical and recreational marijuana.

"We don't want to allow taxation on the local level because we want to discourage the black market," Buckley said. "High taxes in Washington are tending to keep the black market operating there."

Buckley said he encourages Medford and other cities to show more patience before enacting local laws as the Legislature works to smooth out some of the issues surrounding legalization. Recreational marijuana becomes legal in Oregon July 1.

Buckley said cities such as Medford have reacted too strongly against legalization efforts. Medford has permanently banned medical marijuana dispensaries.

"Again, I would like to point to the huge concern over dispensaries in Medford," Buckley said. "Dispensaries are operating around the state without any problems."

Colorado, he said, has not seen increased law enforcement costs associated with cannabis legalization.

Oregon is also looking at rules for recreational and medical grows outside city limits, Buckley said.

A medical marijuana garden would have a 48-plant limit, Buckley said. Once a medical grower wants to surpass the limit, the grower would have to obtain a commercial license.

"The intent is to keep the small growers in business," he said. "We want to make sure they have access to the dispensaries. We're trying to accommodate farmers who want to grow on a small scale for medical marijuana."*edit*

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Full Article: Urban pot growers could be trimmed - News - MailTribune.com - Medford, OR
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Overall those are good things. Help me understand this though,

- You will be able to grow recreational marijuana within 1,000 feet of a school (up to 8 plants per household)
- You CAN'T grow medical marijuana within 1,000 feet of a school (limit of 6 plants per patient)

No distinction is made between indoor and outdoor growing.
 
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