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MARIJUANA Growers appeal new Jackson County pot regulations Land Use Board of Appeals to consider issue Comment By Vickie Aldous Mail Tribune Follow @@VickieAldous MailTribune.com By Vickie Aldous Mail Tribune Follow @@VickieAldous Posted Apr. 20, 2016 at 3:33 PM By Vickie Aldous Mail Tribune Follow @@VickieAldous Posted Apr. 20, 2016 at 3:33 PM » Social News A marijuana growers advocacy group called Right to Grow USA has appealed new Jackson County regulations governing marijuana cultivation. Sandy Diesel, director of the locally based group, filed the appeal April 7 with the state Land Use Board of Appeals. The Jackson County Board of Commissioners gave final approval to the new regulations Wednesday afternoon. Diesel said with the regulations now official, her group plans to ask LUBA to issue an injunction halting enforcement of the ordinance. She said the regulations will stop more than 6,000 medical marijuana growers from growing on land zoned for rural residential use, and will impact thousands of patients. "We had no choice. We had to do this," Diesel said of the decision to appeal. "Somebody has to stand up for these patients." Commissioners contend they never intended to halt medical marijuana grows on rural residential land. They did plan to ban recreational marijuana grows there. Earlier this year, commissioners had been moving toward allowing medical marijuana grows on rural residential land with 75-foot buffers between grows and neighboring property lines. But during a short Oregon Legislature session that wrapped up in March, legislators defined medical marijuana grows as a farm use. Farm use — which refers to the for-profit raising of crops and livestock — is not allowed on rural residential land in Jackson County. Jackson County Counsel Joel Benton said, "The Legislature made clear that recreational and medical marijuana are a farm use. Farm use is not on the list of allowed uses for rural residential in the county." Counties in the state have varying rules about what activities are allowed on rural residential land. Jackson County officials sounded the alarm about the potential local impact of the state law before it passed, but were dismissed by legislators who said they were interpreting the impacts incorrectly. Commissioner Doug Breidenthal said the county has since received a letter from the Legislature's attorney saying that the county is interpreting the impact of the state law correctly. Marijuana growers who attended Wednesday's meeting of the commissioners were not satisfied with the explanation and continued to place the blame squarely on the county. They held up red signs saying they disagreed with the commissioners. Portland-based lawyer Ross Day, who is handling the LUBA appeal on behalf of Right to Grow USA, said he believes the county's new marijuana ordinance conflicts with state law. "The Legislature has spoken loud and clear on this. The county is wrong in its interpretation and application of state law," Day said. He added, "The county commissioners are hell-bent on doing what they can to limit marijuana. The county is looking for a scapegoat, and they're trying to blame the Legislature. I'm sure the Legislature in 2017 will fix this and slap Jackson County down and say, 'No, no. You're wrong.' I'm relatively certain the Legislature will fix this to make clear Jackson County is wrong." Breidenthal said the county is not wrong. He said he doesn't believe the Legislature needs to "fix" the problem when it meets next year in another session. Instead, Breidenthal said commissioners may consider revising Jackson County's Comprehensive Plan to allow farm uses on rural residential land. He said some people are already illegally growing low-impact crops such as lettuce for profit on such land. "We have a lot of small, organic farms on rural residential land that are technically illegal," Breidenthal said. He contended that if LUBA grants Right to Grow USA's injunction request, that could actually block marijuana growers from operating because it would block legal paths for marijuana production. Meanwhile, existing medical marijuana growers on rural residential land can pay $1,563 to apply to have their grows designated as legal nonconforming uses. Many growers object to the cost of the application. Jackson County's enforcement of its new marijuana regulations will be complaint-driven, meaning staff will not be out hunting for violators. Under other county regulations finalized Wednesday, marijuana can be grown in exclusive farm use and forest zones. Outdoor grows are not allowed within 250 feet of city limits. Marijuana growing is allowed in industrial zones as long as processing also takes place there. People who were already growing in industrial zones can continue to do so for three years, after which they have to become compliant with the new laws by adding processing or relocating. Commissioners banned grow fencing made of temporary materials such as plastic sheeting, tarps and hay bales. State law requires grows to be screened from public view — which led plastic-sheet fencing to proliferate throughout Jackson County. Marijuana processing is limited to industrial and exclusive farm use zones in the county. Processing buildings must be equipped with odor filtration systems. Medical marijuana dispensaries and recreational marijuana shops are not allowed within one mile of the Veterans Affairs' Southern Oregon Rehabilitation Center and Clinics, which provides drug and alcohol treatment. Dispensaries and shops also must be at least 1,000 feet from parks, schools, other dispensaries and shops, I-5 interchanges and the Jackson County Transition Center. They are banned on property adjacent to residential zones. The county regulations generally don't apply to the four recreational marijuana plants and six medical marijuana plants adults are allowed to grow for personal use under state law. However, people in urban residential zones must grow their personal plants inside a house or building that is not a translucent greenhouse. Cities in the county are adopting their own regulations regarding marijuana cultivation inside city limits. Recreational marijuana was legalized by voters in November 2014. Medical marijuana has been legal in the state since 1998. Staff reporter Vickie Aldous can be reached at 541-776-4486 or [email protected] . Follow her at www.twitter.com/VickieAldous . By Vickie Aldous Mail Tribune Follow @@VickieAldous MailTribune.com By Vickie Aldous Mail Tribune Follow @@VickieAldous Posted Apr. 20, 2016 at 3:33 PM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... 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