Oregon county officials sue state over cannabis farms

Officials in an Oregon county who have tried to restrict commercial marijuana production sued the state in federal court, asserting state laws that made cannabis legal are pre-empted by federal law that criminalize MJ.

The lawsuit, filed Tuesday in U.S. District Court, escalated a long-running battle between the state and the Josephine County Board of Commissioners.

The commissioners argue that cannabis farms are a nuisance. The county is in a prime marijuana-producing region in southern Oregon.

Commissioner Dan DeYoung has said rural residents, many of them retirees, are fed up with the proliferating farms in areas zoned as rural residential.

The commission in December tried to ban commercial cannabis farming on rural residential lots of five acres or less and to drastically reduce the size of some larger grow sites.

But the state Land Use Board of Appeals later put the restrictions on hold, saying the county failed to properly notify landowners.

The commissioners’ lawsuit contends the state cannot dictate marijuana regulations over county restrictions because the plant remains illegal under the federal Controlled Substances Act.

The lawsuit calls on a federal court in Medford to declare that two ballot measures in 1998 and 2014 that legalized medical and recreational marijuana, respectively, are trumped by federal law.

Associated Press

6 comments on “Oregon county officials sue state over cannabis farms
  1. Clifton Middleton on

    This is the effect of institutionalized racism, namely, the Federal Pot Laws so it gives the haters of the People a corrupt law to frame their mischief, just as the Bible says, ‘Shall the throne of iniquity have fellowship with thee, which frameth mischief by a law?’ Psalm 94 or again ‘Shall the throne of iniquity have fellowship with thee, who creates toil under the guise of law?’ Only the herb can heal these slaves of sin and hell and stop the Blood Riders from enslaving the people for pot.

    Reply
    • jason on

      Um, no. There is no race hating here. Just a bunch of old people who aren’t in the game and who don’t like cannabis. You need to stop seeing “race” as the basis of everything you dislike. Lest you become a racist yourself.

      Reply
    • Robert Hempax on

      They tried this charade in Arizona. The courts tossed the complaints. Fed law has no precedence under state laws enacted by the people. Further, the police power of each state is guaranteed autonomous by the US Federal constitution. Put that in Ur pipe and smoke it, teetotalers!

      Reply
  2. BoboOregon on

    Good for the Josephine County Board by standing up for the truly law-abiding, tax paying citizens. The low-life character of the pot growers and their hired help is nothing but detrimental to the quality of life in Southern Oregon.

    Reply
    • Old timer on

      BoboOregon: You are the low life character in this situation. Prejudging pot growers and their hired help as a group is as ridiculous as judging an entire race or religion as a group. People are people, individuals, not just members of the group. Your judgment of others is detrimental to your life. Mind your own business.

      Reply
    • Greg on

      Why don’t you get off your high horse (pun intended) and educate yourself on 1) The Law of the states versus the feds, 2) The medicinal benefits of marijuana versus opiates (healing versus damaging & addictive) 3) The amazing and STILL counting uses of Hemp fiber (naturally acid free paper, naturally herbicide & pesticide built into it, hempcrete, replaces fiberglass naturally, CBD oil helps kill cancer & CBD comes mostly from hemp not marijuana, etc, etc). I could keep going but I think you get the idea.
      Robert Hempax on April 7th, 2018 – 9:34pm
      They tried this charade in Arizona. The courts tossed the complaints. Fed law has no precedence under state laws enacted by the people. Further, the police power of each state is guaranteed autonomous by the US Federal constitution. Put that in Ur pipe and smoke it, teetotalers!

      Reply

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