Medford police say marijuana-odor citations will be complaint driven - Gate House

Mail Tribune (Medford, OR — Wayback)

2015-10-11

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By Ryan Pfeil Mail Tribune September 04. 2015 3:31PM Medford police say marijuana-odor citations will be complaint driven Medford residents who have a problem with the odor coming from a neighbor's outdoor cannabis plants have to be able to show police that the smell has had a long-term detrimental impact to their living situation if they want officials to get involved.  The marijuana ordinance — 5.652 under city code — reads "No marijuana cultivator shall cause or allow an offensive odor of marijuana to emanate from a dwelling to any other property." Those who do may face fines of up to $250 per day and be required to relocate their marijuana garden. But Medford police Lt. Kevin Walruff said complaints about the plant don't apply to smoke or even occasional whiffs of the plants.  "They have to be able to prove a livability issue," Walruff said. "It might be, 'We can't open our windows. I can't enjoy my backyard through the months of September and October because of this person's grow.'" "It's not just for that afternoon."  Recreational marijuana has been legal for more than two months in Oregon. Walruff said the approach to dealing with complaints is the same as dealing with any odor that draws complaints from neighbors. "Somebody who thinks that trash, (for example), is not a problem, but it might be offensive to somebody else," Walruff said. "That person has to be able to articulate how it's affecting them." Walruff added police won't seek out and target individual grows, but will rely solely on neighbor complaints.  "We're looking for compliance," Walruff said. "We're not looking to cite somebody. We're not telling them they can't grow. We're just telling them that if this person has a complaint, find an alternate location."   The ordinance also says no home can have more than four marijuana plants at any time, starting Nov. 1. Walruff encouraged neighbors to try to solve the issue without calling police. Those who don't manage the odor after police are called could face citations and daily fines.  "Then it could go to an abatement process. Just like we would for anything else," Walruff said.  Reach reporter Ryan Pfeil at 541-776-4468 or [email protected] . Follow him at www.twitter.com/ryanpfeil . http://www.mailtribune.com/article/20150904/NEWS/150909775 © 2015 Copyright © 1995-2011 Crain Communications Inc. All Rights Reserved. Terms of Use Privacy Statement -->