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0 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Home News Latest Stories Emergency services He beat the odds Providence's 23rd Festival of Trees opens to public this weekend Since You Asked: Precinct numbering system proves baffling Get Up & Go: Dec. 4 Crime, Courts and Emergency Services Emergency services Nurse sentenced after running over boyfriend Promotions announced at local fire departments Applegate man charged with sexually abusing girl over 18-month period Police looking for homeless man who attacked two others with a crowbar Politics and Elections GMO labeling votes recounted under careful watch in Jackson County Kent Bush: First Amendment doesn’t mean what you think it means East Medford's the charm Pot, GMOs unite south Jackson County Buckley again named Ways and Means Committee co-chairman Education Medford school administrators get pay boost Students put their hearts into AIDS event Kitzhaber calls for early education spending in budget proposal Medford leans toward three-quarter-day kindergarten Building audits will help district save energy, and money Environment County calls for local control of federal lands Most dredging banned under new proposed guidelines Hawks use I-5 as hunting ground Curbing urban runoff in Gold Hill Mt. 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Guest Opinion: It's time Oregon put a price on carbon ... Medford school administrators get pay boost ... Our View: Cheers and jeers ... Guest Opinion: It's time Oregon put a price on carbon ... Medford school administrators get pay boost ... Judge OKs dispensary ban in Cave Junction By Jeff Barnard The Associated Press MailTribune.com By Jeff Barnard The Associated Press Posted Oct. 18, 2014 @ 1:07 pm Updated Oct 18, 2014 at 3:57 PM By Jeff Barnard The Associated Press Posted Oct. 18, 2014 @ 1:07 pm Updated Oct 18, 2014 at 3:57 PM » Social News GRANTS PASS  — A judge in the heart of southwestern Oregon's marijuana growing country has ruled that the city of Cave Junction has the power to ban medical marijuana dispensaries, not just declare a moratorium. Josephine County Circuit Judge Pat Wolke ruled Thursday in Grants Pass that a law enacted by the Legislature in 2013 does not prevent cities from denying business licenses to dispensaries. The lawsuit was brought by Cave Junction against the state over an application for a business license to operate a dispensary. That license application has been tabled. Ryan Kirchoff, the attorney for the city, says at this point the ruling applies only to the parties involved. But he expects it will be appealed, at which point a Court of Appeals ruling would apply statewide. The judge did not address the primary argument of the lawsuit — the constitutional conflict between federal law banning marijuana in general and state law allowing patients to use marijuana as medicine. Wolke relied on previous rulings in cases involving cities invoking home rule powers against state law, citing several where courts found the state law did not expressly or implicitly pre-empt local authority. He noted, however, that state liquor laws do pre-empt local authority. "Because of this language, there has never been room for any government entity, other than the Oregon Liquor Control Commission, to regulate alcohol," Wolke wrote. In the dispensary license case, "there are no such words of express pre-emption," the judge said. Hoping to tighten loose ends of the voter initiative, the Legislature adopted a law last year allowing state-licensed dispensaries to sell marijuana to card-holding patients. The law was later amended to let cities impose a one-year moratorium after cities and counties complained about having to allow dispensaries. The state has not yet said whether it would appeal the ruling involving Cave Junction. The state attorney general's office was reviewing the ruling and did not have a comment, said spokeswoman Kristina Edmunson. By Jeff Barnard The Associated Press MailTribune.com By Jeff Barnard The Associated Press Posted Oct. 18, 2014 @ 1:07 pm Updated Oct 18, 2014 at 3:57 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. 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 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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