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3 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 Crisis intervention: Medford police take training in response to surge in mental health calls Mail Tribune 100: March 22, 1915 Restaurant Inspections: Sunday, March 22 Since You Asked: Missing deer-crossing signs to be replaced Emergency Services, March 22 Crime, Courts and Emergency Services Crisis intervention: Medford police take training in response to surge in mental health calls Emergency Services, March 22 21 people fined $260 each in Medford police pedestrian safety operation Emergency Services, March 21 Talent father faces assault charges in alleged whipping Politics and Elections Arthur I. Cyr: Iran – a crisis without end Arthur I. Cyr: South Korea represents long-term triumph – for them and for US Special election: Jackson County voters OK marijuana tax Ex-Merkley aide chosen as Oregon secretary of state Ashland: Budget increase, swimming pool funding discussion on council agenda Education Oregon school officials blasting new education budget Eight vie for Medford School Board positions Proposed Medford textbook raises constitutional concern North Medford High School principal to retire in June Southern Oregon University's building boom adds up to $130 million Environment Mt. Ashland Ski Area to host party March 28 Controversial asphalt plant in Talent wins county planning approval Mt. Ashland hopes coming storm will reopen ski area Odd visitors found off Oregon Coast Forum explores data gathered in Cascade-Siskiyou National Monument State News Dave Frohnmayer remembered at Eugene memorial Oregon school officials blasting new education budget Bend company's aim: Connect investors to Africa Brown proposes $1 billion in California drought spending Are they decorations or desecration? Nation - World Obituaries Fred Max Middlebusher M."Dolly" Cecilia Wood Norman Christlieb Woodie A. Tucker, Jr. Erling (Ole) Olsen Weather Photo Galleries Since You Asked Videos Web Cams Mail Tribune 100 Shareable Bank of America is predicting a massive Tesla collapse Sports Latest Stories No. 11 Gonzaga stuns No. 3 Oregon State Every wins Bay Hill for second straight year Keselowski holds off Harvick late at Fontana Raiders take nightcap for CC split Bledsoe gets hot, fuels Suns Varsity 541 College Sports No. 11 Gonzaga stuns No. 3 Oregon State Raiders take nightcap for CC split ROUND TWO Rasmussen tosses Beavers' first perfect game Corban takes two from Raiders Pro Sports Every wins Bay Hill for second straight year Bledsoe gets hot, fuels Suns Aldridge injured as Blazers lose fourth straight Stenson surges into Bay Hill lead Djokovic, Federer advance to Indian Wells final Community Sports Business Latest Stories Blog: Three Cheers for Today! Test Drive: 2015 Subaru Outback Limited Silvio Calabi: 2015 Cherokee is a modern Jeep Oregon winemaking emerges as mighty agricultural force Rogue Disposal plans natural gas fueling site Real Estate News East McAndrews Road sees a resurgence in commercial projects Business briefs: March 7 New construction prices jump 18.2 percent in Jackson County People In Business People in Business: Feb. 28 People in Business Transportation Rogue Disposal plans natural gas fueling site Alaska, United Express boost Medford airport to record February CEO Rieder leaving Erickson March 31 Lodging gains bode well for travel industries Agriculture Harry & David announces new president Warm winter has fruit growers poised for action Opinion Latest Letters to the Editor, March 22 George Will: Social inequality's deepening roots Guest Opinion: Raise your voice against child abuse Dana Milbank: Can Israel remain a democracy? Our View: Medford police tried to avoid confrontation Editorials Our View: Medford police tried to avoid confrontation Other Views: Dave Frohnmayer was a man of honor Our View: Textbook authors' reasoning hard to fathom Our View: White House public records move is less than sunny Our View: Where the wild things shouldn't be Letters to the Editor Letters to the Editor, March 22 Letters to the Editor, March 21 Letters to the Editor, March 20 Letters to the Editor, March 19 Letters to the Editor, March 18 Columns George Will: Social inequality's deepening roots Guest Opinion: Raise your voice against child abuse Dana Milbank: Can Israel remain a democracy? Charles Krauthammer: No peace in our time Matthew T. Mangino: When is a confession not a confession? Guest Opinions Guest Opinion: Raise your voice against child abuse Guest Opinion: Central Point Cemetery needs work and city action Guest Opinion: Return to clearcutting is wrong approach for counties Guest Opinion: Plan a Hawthorne playground for all children Guest Opinion: There is nothing uniform about the Uniform Crime Report Lifestyle Latest stories Community blog: Sleep Tight: Making Your Bed, Body and Mind Ready for Rest SOUTHERN OREGON JOURNAL: Listening in on spring Adopt a pet: Herman Plant a few dahlias, Dahling Cycling through the pear blossoms Food Eat this, not that Peanut allergy breakthrough Eat your sprouts More fast food perils Pork perfection: Consider pork steaks instead of ham for the Easter dinner table Home and Garden Plant a few dahlias, Dahling Hello, honey: Invite bees for a lush garden Understand home inspection Dear Monty: Tips for checking out an existing septic system Garden Cameos: Now is the perfect time to spot wildflowers Health Community blog: Sleep Tight: Making Your Bed, Body and Mind Ready for Rest Health Watch: 5 tips for seasonal allergy relief A better bedtime Studying stress Eat this, not that Hiking Biking Faith Religion briefs Religion News: Presbyterian Church gives approval on same-sex marriage Religion briefs: Friday, March 13 More religion events in the Rogue Valley Religion Briefs Milestones and Achievements Haga-Parks Exercise helps special-needs kids adjust to airport procedures Engagement: Workman-Wright Columnist for a Day Rogue Healthy Aging Tempo Latest stories Here's five top entertainment picks for the coming week Alt-rock band Key of Three is a contender this weekend at Rising Stars Improv rock and folk band hosts a dance party at the Ashland Community Center Andrew Lloyd Webber's lush musical 'Sunset Boulevard' opens at Camelot Theatre in Talent Review: 'Same Time' after all these years Theater Camelot's 'Sunset Boulevard' ambitious, not as dark Andrew Lloyd Webber's lush musical 'Sunset Boulevard' opens at Camelot Theatre in Talent Review: Thanks for the Memories pulls off challenging 'Anastasia' Review: 'Same Time' after all these years Randall Theatre presents playwright Bernard Slade's comedy Music Live Music in Local Clubs Alt-rock band Key of Three is a contender this weekend at Rising Stars Improv rock and folk band hosts a dance party at the Ashland Community Center Kites & Crows, Ryan Marchand and Mercy Duo face-off this weekend at Rising Stars music competition in Jacksonville Rogue Valley Chorale presents 'A Festival of Choirs' at the Craterian Theatre Community Events Rogue Valley artist Linda Evans' pastel paintings capture landscapes of Southern Oregon Ashland Independent Film Festival announces this year's lineup OSF Hip-Hop Poetry Open Mic Ashland's First Friday Art Walk showcases new exhibits by regional artists Jesse Lawson and Joe Moxley host 'Barkeeper' Dining Restaurant Inspections: Sunday, March 22 Jasmine Thai Cuisine Restaurant Inspections Agave offers gourmet tacos, tamales, ensaladas and more Serra storms Seattle Tempo Videos Classifieds Jobs Autos Real Estate FEATURED » Obits Blogs TV Listings Movie Listings Oregon Outdoors Oregon Healthy Living Magazines/Special Sections Business Services NEWS NOW Crisis intervention: Medford police take training in response to surge in mental health calls ... Guest Opinion: Raise your voice against child abuse ... Our View: Medford police tried to avoid confrontation ... Crisis intervention: Medford police take training in response to surge in mental health calls ... Guest Opinion: Raise your voice against child abuse ... Our View: Medford police tried to avoid confrontation ... MEDICAL MARIJUANA Medford pot dispensary tests city's moratorium By Damian Mann Mail Tribune MailTribune.com By Damian Mann Mail Tribune Posted Mar. 16, 2015 @ 6:20 pm By Damian Mann Mail Tribune Posted Mar. 16, 2015 @ 6:20 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" --> Medford’s permanent moratorium on medical marijuana dispensaries hasn’t stopped one local shop from keeping its doors open. 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 owner, Phil Carvalho, for failing to have a local business license. Carvalho had applied for a license but the city denied his request. “I want nothing better than to be a part of Medford and to be accepted as a business,” Carvalho said. Carvalho appealed the city's denial to the Medford City Council, arguing the city violated state law by enacting a permanent moratorium on medical marijuana dispensaries. The issue was scheduled for a hearing Thursday but was pulled from the agenda Monday at the request of Carvalho’s attorney, Phil Studenberg. Councilors banned dispensaries because they believed allowing marijuana sales violated their oath of office to uphold state, federal and local laws. Marijuana is still considered illegal under federal law and is classified in the same category as heroin and LSD.  On April 17, 2014, the council rejected a previous medical marijuana dispensary license for another business owned by Carvalho called The Lounge, at 617 E. Main St. Jackson County Circuit Court later upheld the city’s denial of the business license. Karen Brown, owner of Paradise Tans, a business next to Patients Helping Patients in the Albertsons shopping center, has called the city to complain about the dispensary, saying customers have objected to the smell of marijuana. “They hate it,” she said. “It takes away our civil rights, and we can’t do anything about it.” As a result, Brown said she’s seen a loss in revenue and doesn’t understand how a lounge in the Patients Helping Patients portion of the building can have people who are consuming marijuana. “They’re smoking it in there,” she said. Studenberg said he would contact his client to see whether there was some way of minimizing the smell of marijuana from intruding on the neighboring business. Patients Helping Patients is well within its rights to dispense medical marijuana based on current state law, Studenberg said. “Our position is we’re sticking with the notion that state law preempts the county and the city,” he said. In a Feb. 6 letter to the city, Studenberg cited the federal government’s easing of prosecutions in states that have enacted medical marijuana programs. So far, Studenberg said, he hasn’t had much luck in Jackson County Circuit Court and expects he may have to take the issue to a higher court. The state has allowed local jurisdictions to declare a moratorium on medical marijuana dispensaries until May 1, but Studenberg has argued that the city is violating state law by enacting a permanent moratorium. Kevin McConnell, deputy city attorney, submitted his legal opinion to the council that the city is within its rights under state law to enact local ordinances, including the permanent moratorium. He said the city’s position has been upheld in the courts for both the Lounge and for Maryjane’s Basement, a dispensary that operated in the WinCo shopping center. McConnell said the federal government continues to list marijuana as a Schedule 1 drug, which is in the same category as heroin and LSD. Studenberg said he hopes that a federal judge rules that the scheduling of marijuana is improper, which could nullify the 1970 Controlled Substances Act. U.S. District Judge Kimberly J. Mueller in Sacramento, Calif., called for a hearing on the issue last year and is expected to make a ruling in the near future. Studenberg said the legal landscape continues to change since the first time Carvalho was denied a business license for the lounge. “We’re arguing the federal situation has certainly changed,” he said. In December 2014, Congress passed legislation included in a spending bill that prohibits federal agents from raiding dispensaries in states where medical marijuana is legal. 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 Mar. 16, 2015 @ 6:20 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 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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