Legal Committee Opinion: Medford Pot Law Violates Law
A legislative legal committee has issued an opinion that Medfordís attempts to ban medical marijuana dispensaries violates the spirit of two recent laws.
The five page opinion finds that state law preempts local law and that bans on medical marijuana dispensaries are invalid under Senate Bill 863 and House Bill 3460. 863 authorizes the state to regulate agricultural crops and businesses while 3460 allows for the creation of medical marijuana dispensaries throughout the state.
In an attempt to head off the rolling out of dispensaries after March of next year, the Medford City Council enacted an ordinance effectively banning the dispensaries based on federal law. The ordinance states that in order to receive a business license that business must be compliant with city, state, and federal law.
Medfordís city attorney says he hasnít be directed to go to court on the issue yet.