Our View: New marijuana law creates unintended consequences - Opinion - MailTribune.com - Medford, OR

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2 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation  |  Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Classifieds Jobs Autos Real Estate FEATURED   » NEWS NOW   Northwest farmers look for new export market in Cuba       ...       Now that's a fan       ...       At least 31 dead in bombings of Brussels airport, metro       ...       Northwest farmers look for new export market in Cuba       ...       Now that's a fan       ...       At least 31 dead in bombings of Brussels airport, metro       ...           OUR VIEW Our View: New marijuana law creates unintended consequences Comment MailTribune.com Writer Posted Mar. 20, 2016 at 12:01 AM Posted Mar. 20, 2016 at 12:01 AM »  Social News The authors of Ballot Measure 91, which legalized the possession and use of recreational marijuana by Oregon adults, took care to leave the state's existing medical marijuana program alone. But the Legislature, in the course of trying to fashion a workable recreational industry, made changes that affected medical growers, especially in Jackson County. County officials say their hands are tied by what lawmakers did regarding medical marijuana production on land zoned rural residential. But they need to do more to ease the impact on existing medical growers. The medical system, first established in 1998, was long on permissiveness and short on regulation, which resulted in gray areas ripe for abuse by unscrupulous producers. The medical law approved by voters said providers of medicinal marijuana could recover their costs of production and processing, but not make a profit. That was fine with many growers who were and still are dedicated to helping patients relieve the symptoms of chronic conditions and terminal diseases. For others, it was an ideal cover for exporting a very valuable product to states where it was illegal in any form. When voters decided recreational marijuana should also be legal, they upped the ante in the state's conflict with federal law, which still considers marijuana a dangerous drug off limits for any purpose. Federal authorities told state officials they needed to make sure marijuana was not being diverted to the black market if they wanted to avoid federal enforcement actions against the new industry the state's voters had created. In their attempts to impose order on the new system, lawmakers decided medical marijuana growing should be considered a farm use in rural areas. That had an immediate effect here, because Jackson County's land-use ordinance prohibits farm uses on land zoned rural residential. It also caused the county to abandon plans establishing new rules for growing on those lands, where medical marijuana has been harvested for years. Lawmakers said their intent was to allow existing growers to be grandfathered in, but county officials say they have no choice but to follow their own land use laws and prohibit medical growing on rural residential land. Growers already operating, they say, can apply for nonconforming-use status, available to property owners already using their land in a way that becomes illegal. The cost of that application is $1,563 — a substantial burden for medical growers barred from turning a profit. It's clear the legislative intent was to protect marijuana production by recognizing it as a farm crop and it's clear that Jackson County officials were working toward establishing a system to allow medical grows on rural residential land. The exact opposite happened here and county officials should take steps to correct that. A good place to start would be to dramatically reduce the fee for a nonconforming use, at least for a period of time, and then to put off any enforcement actions until the Legislature has a chance to revisit the issue. MailTribune.com Writer Posted Mar. 20, 2016 at 12:01 AM » 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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