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MARIJUANA Judge backs Medford marijuana dispensary ban Ruling shuts down shop operating without a business license Comment By Damian Mann Mail Tribune MailTribune.com By Damian Mann Mail Tribune Posted May. 7, 2015 at 6:05 PM Updated May 7, 2015 at 7:51 PM By Damian Mann Mail Tribune Posted May. 7, 2015 at 6:05 PM Updated May 7, 2015 at 7:51 PM » Social News 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 at 6:05 PM Updated May 7, 2015 at 7:51 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. Southern Oregon Directory Featured Businesses Loading... 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