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'Girl power': Women ran farms in early-day Southern Oregon Emergency services, May 10 Art in Bloom in downtown Medford Emergency services, May 9 Crime, Courts and Emergency Services Emergency services, May 10 Emergency services, May 9 Jackson County deputies searching for wanted man after pursuit Medford man sentenced in machete attack Suspect in OSP meth stop will face federal charges Politics and Elections Ashland water bills could go up to fund watershed protection Pacific Connector Gas Pipeline opponents rally in Medford BREAKING: Baltimore prosecutor charges officers in Freddie Gray's death Earthquakes hit regularly in Medford (Oklahoma, that is) Medford School Board, Position 6: Curt Ankerberg vs. Janet Lightheart Education Medford schools still filling admin roles Appeals court rules against Central Point schools on bus outsourcing Hedrick principal to take helm at North Medford High School More kindergartners vaccinated in 2015 Elementary students honor local police officers Environment Ashland water bills could go up to fund watershed protection Crater Lake may soon have China connection State waives college placement tests for students who hit high marks Stopping fire in its tracks Pacific Connector Gas Pipeline opponents rally in Medford State News Remains of soldier killed in 1951 to be buried in Roseburg Obama makes pitch on trade deal at Nike: 'Just do it' Forecast for 2015 predicts busy wildfire season Cheers and protest signs greet President Obama in Oregon Oregon Senate OKs bill banning 'conversion therapy' Nation - World There's a $10 million precious stone hidden in plain sight at Grand Central Obituaries Dorothy Evans Helen Nadine Sankey Dickie Miles Hayes Nita Day Layne Alan Battenfield Weather Photo Galleries Since You Asked Videos Web Cams Mail Tribune 100 Shareable Sports Latest Stories Braaten races to win at Speedway Johnson stays long, wins late at Kansas South settles for SWC split with GP North sweeps GP, remains tied atop SWC OSU tosses second straight shutout Varsity 541 College Sports OSU tosses second straight shutout Maguin steals the show Trio of Raiders shine as CC meet opens Beavers' Moore shuts out Utah, 3-0 Oregon clinches share of Pac-12 title Pro Sports Braaten races to win at Speedway Grizzlies take series lead over Warriors Borchers, Valeri score, Timbers beat Impact Pierce's buzzer-beater lifts Wiz past Hawks Kirk nudges in front at Players Community Sports Bailey picks up modified win Wilson delivers in return of local boxing Palmer breezes to second straight men’s title Business Latest Stories People in Business Business briefs: Avista, Mcintosh, BOLI Blog: 1-800-Flowers.com SEC filing provides peek into Harry & David revenue and cost figures Blog: Mom is Our Hero! Ride & Drive: 2015 BMW 428i Gran Coupe Real Estate News Single-family home sales take off Never enough: New Starbucks proposed on Barnett Road in Medford Jackson County debt-ridden homeowners have an option New home in an old house Naumes plans custom-crush winery in former packing house People In Business People in Business Transportation Erickson finds room to work at Medford airport Lithia Motors nets $40.7 million in first quarter Lithia Motors reports second-best quarter ever Business briefs Medford airport's record run continues Agriculture 1-800Flowers.com reports $10.5 million loss in third quarter Naumes plans custom-crush winery in former packing house Opinion Latest Our View: Mental health funding should be a priority Letters to the Editor, May 10 Guest Opinion: Oregon mothers need much more than flowers George Will: The gospel according to Huckabee Dana Milbank: A performance by Lindsey and the Jets Editorials Our View: Mental health funding should be a priority Other Views: Court ruling means PERS reform is dead Our View: Could self-serve ban be on the way out? Our View: Cheers and jeers Our View: Set firm deadlines on blighted houses Letters to the Editor Letters to the Editor, May 10 Letters to the Editor, May 8 Letters to the Editor, May 7 Letters to the Editor, May 6 Letters to the Editor, May 5 Columns Guest Opinion: Oregon mothers need much more than flowers George Will: The gospel according to Huckabee Dana Milbank: A performance by Lindsey and the Jets Charles Krauthammer: Free Willy! Arthur I. Cyr: Britain’s important election – in royal political context Guest Opinions Guest Opinion: Oregon mothers need much more than flowers Guest Opinion: Child poverty and the Schneider Children’s Center Guest Opinion: Animal-killing program pulls wool over taxpayers' eyes Guest Opinion: Uniting to restore our sovereignty to we, the people Guest Opinion: This Earth Day, we celebrate the Northwest Forest Plan Lifestyle Latest stories Sorcerer-historians and hunted boats New Arrivals Adopt a pet: Meet Edna One-derful once-blooming roses Mom's lemon meringue pie still feeds me Food Community blog: Sorry, Mom, there's more than one beef stroganoff Community blog: Teatime is anytime when recipes brew new dishes Eat your greens (tea, that is) Season Stepp: Make some cheesecake mousse-filled strawberries Page H. Onorato: Baked potato soup is comfort in a bowl Home and Garden One-derful once-blooming roses Breathe easier with whole-house air purification Dear Monty: Water rights of property owners Paul Rogers: ‘Living’ mulches a healthy alternative to bark Heirloom tomatoes bring ageless flavor Health Community blog: Don't Fall for This Part 2 Health Watch: Easy tips to drink more water throughout the day New cardiac rehab center opens at Asante RRMC Community blog: You and Me at 83... Search on for new medical provider for Butte Falls, Prospect clinics Hiking Biking Faith Religion Briefs: Friday, May 8 Religion Briefs: Friday, May 1 Religion Briefs: Friday, April 24 Religion Briefs: Friday, April 17 Milestones and Achievements Bukair-Hinkle Wedding: Stephanie Anne Obad and Mark Douglass Schmor Ashland water bills could go up to fund watershed protection Drones helping create unique wedding photos Pick your favorite wedding flowers Columnist for a Day Rogue Healthy Aging Tempo Latest stories Flowers, art and music highlight Art in Bloom 5 picks for live entertainment Live Music in Local Clubs Peter Rowan, Big Sandy & His Fly-Rite Boys at Rootsfest Dancing People Company presents 'Salon Series' Theater REVIEW: Randall Theatre's 'Little Shop of Horrors' a rollicking good time REVIEW: Carson, Patton shine in 'Arsenic and Old Lace' Some Oregon Shakespeare Festival crew members seek to unionize Randall Theatre stages 'Little Shop of Horrors' 'Much Ado' at SOU Music Live Music in Local Clubs Peter Rowan, Big Sandy & His Fly-Rite Boys at Rootsfest The Farr Side: Mumford & Sons’ latest is full-on rock Tina Malia at SOU Music Hall in Ashland Earthquake benefit for Nepal Community Events 5 things to see at Art in Bloom Flowers, art and music highlight Art in Bloom Hip-Hop Poetry Open Mic at OSF's Black Swan in Ashland Ashland's First Friday Art Walk showcases new exhiits by regional artists Master Gardener Spring Fair at The Expo Movies Movie review: ‘Hot Pursuit’ is a hot mess George Miller returns to his ‘Mad Max’ roots Tom Hardy adapts to life as Mad Max Victor D. Infante: ‘Avengers’ begs the questions, ‘Why superheroes, and why now?’ Movie review: ‘Avengers: Age of Ultron’ has a lot going on Dining Restaurant inspections: May 10, 2015 Wood-fired pies at Peace of Pizza Trium is a classic example of a boutique winery Restaurant inspections, May 3, 2015 Taqueria Picaro offers casual Mexican cuisine Tempo Videos Classifieds Jobs Autos Real Estate FEATURED » Obits Blogs TV Listings Movie Listings Oregon Outdoors Oregon Healthy Living Special Sections Business Services NEWS NOW Sorcerer-historians and hunted boats ... Our View: Mental health funding should be a priority ... Guest Opinion: Oregon mothers need much more than flowers ... Sorcerer-historians and hunted boats ... Our View: Mental health funding should be a priority ... Guest Opinion: Oregon mothers need much more than flowers ... MARIJUANA Judge backs Medford marijuana dispensary ban Ruling shuts down shop operating without a business license By Damian Mann Mail Tribune MailTribune.com By Damian Mann Mail Tribune Posted May. 7, 2015 @ 6:05 pm Updated May 7, 2015 at 7:51 PM By Damian Mann Mail Tribune Posted May. 7, 2015 @ 6:05 pm Updated May 7, 2015 at 7:51 PM » Social News p bs:newslist StartDate="20121121" EndDate="p bs:datecalc Months="3"" DateSort="1" UseObjects="1" ObjectClass="81" Taxonomywords="2325,665" ExactTaxonomyMatch="1" Image="1" Count="4" --> A Jackson County judge has shut down a medical marijuana dispensary operating within Medford, saying it was in “total defiance” of local and federal laws. Patients Helping Patients, at 2390 W. Main St., has a state license to dispense medical marijuana, but the city of Medford has twice cited the owners, Phil Carvalho and Owen L. Christiansen, for failing to have a local business license. Carvalho had applied for a license but the city denied his request. Jackson County Circuit Judge Timothy Gerking found that the federal Controlled Substances Act, which bans marijuana and places it in the same category as heroin, trumps Oregon laws. The city of Medford’s ordinance prohibits issuing a business license to any business that violates local, state or federal laws. Gerking said the city’s permanent injunction against Patients Helping Patients would be in effect until or unless marijuana is declassified by the federal government. Senate Bill 1531, passed by the Legislature in April 2014, gave cities a one-year moratorium on licensing medical marijuana facilities. Gerking said he had “serious concerns” about the city’s declaration of a permanent moratorium on dispensaries because SB 1531 expired May 1 and because the recreational use of marijuana would become legal on July 1. Nevertheless, Gerking said he supported the city’s permanent injunction based on its ability to enforce federal law. Gerking said Carvalho and Christiansen have operated a medical marijuana business in “total defiance and utter impunity of city ordinances.” Kevin McConnell, deputy city attorney, said the city’s legal position previously has been upheld in the courts for both the Lounge, which was also run by Carvalho, and for Maryjane’s Basement, a dispensary that operated in the WinCo shopping center. McConnell said the Lounge received 30 citations before the owner moved to the present location with a new name. McConnell said the judge basically determined the city’s legal position was upheld by federal law. “That’s the lynchpin,” he said. Despite the ruling, the laws surrounding marijuana are ever evolving, McConnell said.  “It’s changing by the hour,” he said. The state is working on new regulations to fine-tune existing medical marijuana laws and to govern the legalization of recreational marijuana. Patients Helping Patients had planned to move to a new location in White City, but Jackson County imposed restrictions on locating dispensaries around the Veterans Affairs' facility there. Phil Studenberg, an attorney representing Patients Helping Patients, has argued that the city is violating state law by enacting a permanent moratorium. Studenberg cited the federal government’s easing of prosecutions in states that have enacted medical marijuana programs. But Gerking said Studenberg’s argument was “without merit.” Gerking also said Oregon law trumps Medford’s ordinance, but federal law trumps Oregon laws. While that situation benefits Medford in the short term under the ruling, it could also pose problems for the city down the road if marijuana is rescheduled from its current status as a Schedule I controlled substance under the Controlled Substances Act, McConnell told the Medford City Council in a Thursday night study session. "If it's ever reclassified, and state law doesn't work in your favor, you will be issuing business licenses to state-licensed businesses under the law," he said. "The writing is on the wall." McConnell said it would be prudent for the council to start looking at time, place and manner regulations before it finds itself in that position. "Right now, any reasonable regulation you come up with, I think it can be passed," he said. Carvalho said he filed a new business license with the city after the May 1 moratorium was over, but he said it was denied. He said he will appeal. While disappointed in the judge’s ruling, Carvalho said, “I want to come across as polite and not thumbing my nose at the authorities. I want to find a good, reasonable outcome.” Reach reporter Damian Mann at 541-776-4476 or [email protected] . Follow him on Twitter at @reporterdm .   By Damian Mann Mail Tribune MailTribune.com By Damian Mann Mail Tribune Posted May. 7, 2015 @ 6:05 pm Updated May 7, 2015 at 7:51 PM » Comment or view comments /* $( document ).ready(function() { // Jquery mobile is trying to style the button and leaving a blank gry button on top of a white button $("#viafouracoms .vf-comment-controls li.vf-right").html(' Submit '); });*/ » 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. calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Propel Marketing Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs 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. 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