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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 Classifieds Jobs Autos Real Estate FEATURED » NEWS NOW How you can conserve water at home ... Stouts fire burns 15,000 acres and counting ... 'Mitigation banking' ... How you can conserve water at home ... Stouts fire burns 15,000 acres and counting ... 'Mitigation banking' ... MEDFORD Pot issues leave Medford council dazed Odor ordinance debated Comment By Damian Mann Mail Tribune MailTribune.com By Damian Mann Mail Tribune Posted Mar. 12, 2015 at 5:46 PM By Damian Mann Mail Tribune Posted Mar. 12, 2015 at 5:46 PM » Social News Medford councilors on Thursday stumbled through a haze of legal issues as they considered everything from banning backyard pot gardens to lifting a moratorium on medical marijuana dispensaries. The council debated a draft ordinance that could make it a violation to have a pot garden that produced offensive odors or wasn’t properly fenced. “Doesn’t that open a Pandora’s box for every odor that’s offensive,” Councilor Clay Bearnson said. “I don’t think enforcing odor is enforceable.” Bearnson said he could foresee situations in which one neighbor is surrounded by several neighbors growing pot, making it difficult to tell which property was creating the odor. Despite some objections, many on the council seemed inclined to support an odor ordinance, though determining what constitutes an offensive odor generated considerable discussion and even prompted a call to ban outdoor marijuana gardens. Kevin McConnell, deputy city attorney, said odor ordinances have been enacted in other communities, and he said Medford has received many complaints over the years about medical marijuana gardens. “There are a good many people who are offended by the odor of marijuana,” he said. Some communities have purchased so-called “Nasal Rangers” that essentially sniff the air and provide a reading to determine whether the odor is offensive. The Nasal Ranger, a conelike contraption, is positioned over the nose of a law enforcement officer and used to determine the ratio of non-odorous air to marijuana odor. The odor ordinance also proposed 7- to 8-foot-tall fences around pot gardens. In addition, residents would be required to pay about $100 to obtain a permit to build the fence. “What I’m looking at is this could be an enforcement nightmare,” Councilor Chris Corcoran said. Councilor Kevin Stine said property owners would essentially be building fences within fences. “It is an enforcement nightmare,” he said. Councilors thought the issue of the city’s permanent moratorium on dispensaries more problematic for the moment than the odor issue. “To me the moratorium is a higher priority,” Corcoran said. Councilors worry the moratorium on dispensaries will encourage more backyard gardens, which will cause more neighbor disputes this summer. “We should allow dispensaries and ban outdoor grows,” Stine suggested. Stine said he offered the idea as a compromise to deal with the factions on the council who are upset over complaints from residents about the offensive odors from pot gardens but don't want to allow dispensaries to sell medical marijuana in the city. Councilors were concerned that a ban on outdoor grows would encourage more indoor gardens, which could cause electrical problems, fires and consume more energy. Medford Fire Chief Brian Fish said his firefighters have responded to many homes with unsafe electrical hookups for indoor grows. The council is debating the marijuana issue in light of Ballot Measure 91, which legalizes the recreational use of marijuana for those 21 and older. Measure 91, approved by voters last November, takes effect July 1, at which time people would be allowed to grow up to four marijuana plants per household for recreational use and possess a half-pound of marijuana. The council plans to hold another study session to discuss its permanent moratorium on dispensaries even as the state prepares for the legalization of recreational pot. The state gave municipalities until May 1 to lift any moratoriums on medical pot sales that have been enacted. In October, the council decided recreational pot should be taxed at every step of the supply chain. The council’s decision runs counter to Ballot Measure 91, which allows only the state to collect taxes on pot sales. Councilors said they learned from local legislators that the city’s attempt to tax pot might not hold up. “They do not believe the Legislature will allow local municipalities to tax,” Stine said. 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. 12, 2015 at 5:46 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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