Judge dismisses Oregon lawsuit aimed at overturning state marijuana legalization

Just Released! Get realistic market forecasts, state-by-state insights and benchmarks with the new 2024 MJBiz Factbook member program, now with quarterly updates. Make informed decisions.


A federal judge has dismissed a lawsuit filed by Josephine County against the state of Oregon over legalized cannabis.

The suit, filed in April, contended the federal law that prohibits marijuana pre-empts Oregon’s law legalizing cannabis for commercial sales.

U.S. District Court Judge Michael McShane earlier this week signed a formal order dismissing the lawsuit, according to the Grants Pass Daily Courier.

Here’s more background relating to the suit:
  • Marijuana growers appealed a Josephine County rule banning cannabis grows in rural recreational zones.
  • The state’s Land Use Board of Appeals agreed with the growers and froze the regulations the county had put in place.
  • The rural county is just miles from the California border and has struggled with a boom in marijuana grows.

Josephine County legal counsel Wally Hicks said he and the county Board of Commissioners accept the ruling.

– Associated Press