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State Farm Law Could “Ban” Local Marijuana Dispensary Ban
State Farm Law Could “Ban” Local Marijuana Dispensary Ban

As Medford and other Oregon cities strengthen their codes and ordinances to ban State-legal marijuana dispensaries within city limits, a new state farm law may trump all local control efforts.

Senate Bill 863 gives the state the authority to regulate agricultural crops and businesses, pre-empting cities or counties from controlling the sale or distribution of seed or the byproducts of seeds. According to legislative council, neither SB 863 or House Bill 3460, the medical marijuana dispensary law, contain language allowing for local authority over operation or location of dispensaries.

An Advisory Committee for the State Legislature will be devising rules of operation for dispensaries before HB 3460 becomes law in March 2014. Local concerns could be addressed through the rule-making process.

Medford and like-minded Oregon cities are relying on federal law to ban medical marijuana dispensaries. Marijuana is a controlled substance under federal law, but the U.S. Attorney General has said that states with medical marijuana laws will not be prosecuted as long as there is no money-laundering, sales to minors or growing on public lands.
Posted by Tom Ray