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Updated: Josephine County Sues State of Oregon Over Marijuana

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Josephine County Sues State of Oregon Over Marijuana

The lawsuit, filed Tuesday in U.S. District Court in Medford, escalates a battle between the Josephine County Board of Commissioners and the state over regulating marijuana grows in rural residential areas.

Posted: Apr. 4, 2018 12:00 PM
Updated: Apr. 4, 2018 5:58 PM

 

SALEM, Ore. (AP) — Officials in an Oregon county who have tried to restrict commercial marijuana growing are suing the state in federal court, asserting that while pot is legal in Oregon it remains illegal under federal law, which has supremacy.....

 

http://www.kdrv.com/content/news/Josephine-County-Sues-State-of-Oregon-Over-Marijuana-478788133.html

 

 

Below is how this mess started

 

 


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Marijuana dispute pits county against state of Oregon

 

SALEM, Ore. (AP) — Officials in an Oregon county who have tried to restrict commercial marijuana growing are suing the state in federal court, asserting that while pot is legal in Oregon it remains illegal under federal law, which has supremacy.

The lawsuit, filed Tuesday in U.S. District Court in Medford, escalates a battle between the Josephine County Board of Commissioners and the state over regulating marijuana grows in rural residential areas.....

 

 

 

http://ktvl.com/news/local/marijuana-dispute-pits-county-against-state-of-oregon


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IMO Josephine Co has gone too far.  If they win in federal court, they'll most likely not allow growing of any kind, and other counties will follow. These counties were never happy when M91 passed and have fought tooth and nail against it. Many took our right to grow outdoors, some have tried to go further. What happens to the patents that need this medicine?....back to the dark days before OMMP secret grows or black market.


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Marijuana Dispute Pits County Against State of Oregon

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SALEM, Ore. (AP) — Officials in an Oregon county who have tried to restrict commercial marijuana growing are suing the state in federal court, asserting that while pot is legal in Oregon it remains illegal under federal law, which has supremacy.

 

The lawsuit, filed Tuesday in U.S. District Court in Medford, escalates a battle between the Josephine County Board of Commissioners and the state over regulating marijuana grows in rural residential areas....

 

 

 

 

https://www.marijuana.com/news/2018/04/marijuana-dispute-pits-county-against-state-of-oregon/


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Oregon County Sues State Over Cannabis Farming Ban

 

 

SALEM, OR — Officials in an Oregon county who have tried to restrict commercial marijuana production sued the state in federal court, asserting state laws that made cannabis legal are pre-empted by federal law that criminalize it. 

The lawsuit filed Tuesday in U.S. District Court escalated a long-running battle between the state and the Josephine County Board of Commissioners.

The panel says cannabis farms are a nuisance. The county is in a prime marijuana-producing region of southern Oregon.

Voters in the state legalized cannabis with a 2014 ballot measure, prompting a “green rush” as entrepreneurs set up shop in the fertile, rainy mountainous area.

County Commissioner Dan DeYoung has said rural residents, many of them retirees, are fed up with the proliferating farms in areas zoned as rural residential......

 

 

 

https://www.leafly.com/news/politics/oregon-county-sues-state-over-cannabis-farming-ban


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State of Oregon sued to restrict commercial marijuana operations

 

 

 

SALEM -- Officials in an Oregon county who have tried to restrict commercial marijuana production sued the state in federal court, asserting state laws that made pot legal are pre-empted by federal law that criminalize it.

 

The lawsuit filed Tuesday in U.S. District Court escalated a long-running battle between the state and the Josephine County Board of Commissioners.

 

The panel says pot farms are a nuisance. The county is in a prime marijuana-producing region of southern Oregon.

 

Voters in the state legalized marijuana with a 2014 ballot measure, prompting a "green rush" as pot entrepreneurs set up shop in the fertile, rainy mountainous area.....

 

 

 

 

 

http://www.oregonlive.com/marijuana/index.ssf/2018/04/state_of_oregon_sued_to_restri.html#incart_river_index


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Could a county-state dispute in Oregon lead to the end of legal cannabis in America?

 

SALEM, Ore. (AP) — Officials in an Oregon county who have tried to restrict commercial marijuana production sued the state in federal court, asserting state laws that made pot legal are pre-empted by federal law that criminalize it.

 

The lawsuit filed Tuesday in U.S. District Court escalated a long-running battle between the state and the Josephine County Board of Commissioners.

 

The panel says pot farms are a nuisance. The county is in a prime marijuana-producing region of southern Oregon......

 

 

 

 

http://www.thecannifornian.com/cannabis-news/county-state-dispute-oregon-lead-end-legal-cannabis-america/


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Law Professionals, Farmers Weigh In On Marijuana Lawsuit

 

The legal battle is heating up between Josephine County and the State of Oregon over marijuana regulations. Now law professionals are weighing in on how the lawsuit could play out in District Court.

Posted: Apr. 5, 2018 6:27 PM
Updated: Apr. 5, 2018 6:37 PM

 

JOSEPHINE COUNTY, Ore. -- The legal battle is heating up between Josephine County and the State of Oregon over marijuana regulations. Now law professionals are weighing in on how the lawsuit could play out in District Court.

 

Tung Yin, Law Professor at Lewis And Clark Law School, said it seems that the lawsuit is about finding balance between state and local governments.

 

"I think that's what this lawsuit is really about, which is how much of marijuana policy should be decided by the state level versus how much should be local," Yin said.

 

Ross Day, Attorney for F.A.R.M.S, Inc., said he does not think the lawsuit will be successful because it misunderstands the relationship between states and counties.....

 

http://www.kdrv.com/content/news/Law-Professionals-Farmers-Weigh-In-On-Marijuana-Lawsuit-478935493.html


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County Sues State Of Oregon To Kill Marijuana Law

Rural Josephine County fights to invalidate state's entire cannabis program.

 

For the past several months, we have been following Josephine County’s efforts to regulate away its cannabis industry, specifically in rural residential zones. This saga has taken many twists and turns (see hereherehere, and here), but this week brought perhaps the biggest twist yet: Josephine County has sued the State of Oregon to invalidate its cannabis program entirely.

 

The legal skirmishes began back in December when Josephine County passed an ordinance to severely curtail cannabis production on over 16,000 rural residential properties. A group of growers appealed the ordinance to Oregon’s Land Use Board of Appeals (LUBA), raising a procedural argument (improper notice to affected properties) and two substantive arguments (the county cannot ban pre-existing lawful uses and the ordinance exceeds the county’s ability to impose reasonable time, place, and manner regulations on cannabis production). Last month, LUBA ruled against the county, solely on the procedural issue.....

 

 

 

 

https://thefreshtoast.com/cannabis/county-sues-state-of-oregon-to-kill-marijuana-law/


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Pete Pontificates: On Josephine County Tantrum Lawsuit

 

 

“By the rude bridge that arched the flood

Their flag to April’s breeze unfurled

Here once the embattled farmers stood

And fired the shot heard round the world.”

– Ralph Waldo Emerson, from the Concord Hymn, 1837.

 

If you’ve been in a cave hibernating, or away on an island vacation since the beginning of the year, you may be forgiven if you missed the headlines coming out of Josephine County in Southern Oregon. The rest of the state, however, is still reeling. In fact, with the most recent action by the county’s board of county commissioners (BCC), much of the nation is in shock. With one story gaining worldwide attention in early April, it is safe to say the cannabis-concerned population of the English speaking world let out the collective cry of WTF?!

 

You remember when you were young and not getting your way? You may have been loud in your objection or complaint? Your teacher or parent would say “It’s not that big a deal, you don’t have to make a federal case out of it.” Well, that is exactly what the BCC did.....

 

 

 

 

 

https://www.occnewspaper.com/pete-pontificates-on-josephine-county-tantrum-lawsuit/


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On 4/4/2018 at 6:22 PM, Purple Power said:

IMO Josephine Co has gone too far.  If they win in federal court, they'll most likely not allow growing of any kind, and other counties will follow. These counties were never happy when M91 passed and have fought tooth and nail against it. Many took our right to grow outdoors, some have tried to go further. What happens to the patents that need this medicine?....back to the dark days before OMMP secret grows or black market.

OMG...this is becoming dangerously scary.  What is wrong with these people?  Is the county doing so well financially they don't need the tax revenue?  Somebody needs to be voted out.  Hopefully, the state has some good lawyers...this is ridiculous!!!

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10 minutes ago, Suzycrmcheese said:

OMG...this is becoming dangerously scary.  What is wrong with these people?  Is the county doing so well financially they don't need the tax revenue?  Somebody needs to be voted out.  Hopefully, the state has some good lawyers...this is ridiculous!!!

 

 

The county still hasn't recovered from the loss of the timber industry, it's one of the hardest hit. The problems isn't the common person (with polls 80%+ think the commissioners are wasting money and want cannabis), it's the people holding office that should be voted out.  Sounds easy, but usually no one goes against them and these snake remain in office. That's the problem in my town too


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On 5/8/2018 at 12:53 PM, Purple Power said:

 

 

The county still hasn't recovered from the loss of the timber industry, it's one of the hardest hit. The problems isn't the common person (with polls 80%+ think the commissioners are wasting money and want cannabis), it's the people holding office that should be voted out.  Sounds easy, but usually no one goes against them and these snake remain in office. That's the problem in my town too

Someone in the cannabis industry needs to get involved.  It takes cash to run for any office, and this is a worthy cause!

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Residents ask commissioners to drop lawsuit with LUBA

 

 

Josephine County, Ore. – At tonight’s budget meeting, Josephine County commissioners addressed public comment about a decision in the lawsuit with the state Land Use Board of Appeals, or LUBA.

 

The suit was brought after Josephine County passed an ordinance to regulate marijuana grows. LUBA ruled the county had failed to notify residents appropriately.

 

At tonight’s meeting, residents asked commissioners to drop the lawsuit completely. But, commissioners say they have no plans to do so anytime soon....

 

 

 

https://kobi5.com/news/residents-ask-commissioners-to-drop-lawsuit-with-luba-79437/

 


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Marijuana Growers Prevail Over Josephine County Appeal

The Oregon Court of Appeals has rejected an appeal by the County, who had been foiled in their attempt to restrict commercial pot production.

Posted: Jun. 14, 2018 3:16 PM
Updated: Jun. 14, 2018 5:29 PM

 

By ANDREW SELSKY , Associated Press

 
 

The appeals court's dismissal without comment Wednesday of the Josephine County commissioners' case marks the latest step in the struggle between the county's political leaders to tamp down the proliferating marijuana business, and growers trying to protect their businesses and investments.....

 

 

 

http://www.kdrv.com/content/news/Marijuana-Growers-Prevail-Over-Josephine-County-Appeal-485611771.html


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Josephine County cannabis ordinance overruled

 

The Oregon Court of Appeals has overturned commercial cannabis restrictions in Josephine County.

This is a major setback for the county's effort to crack down on commercial cannabis.......

 

 

 

 

 

http://ktvl.com/news/local/josephine-county-cannabis-ordinance-overruled


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Pot growers win another round in fight against ban in southern Oregon

 

 

SALEM -- The Oregon Court of Appeals has rejected an appeal by administrators of a prime marijuana-growing county who had been foiled in their attempt to restrict commercial pot production.

 

The court dismissed the Josephine County commissioners' appeal Wednesday.

 

The county commission in December tried to ban commercial pot farming on smaller rural residential lots and to drastically reduce larger grow sites....

 

 

 

 

 

https://www.oregonlive.com/marijuana/index.ssf/2018/06/commercial_pot_growers_win_ano.html#incart_river_index

 


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Josephine County's Suit Against State Over Marijuana Dismissed

A U.S. District Court judge dismissed the County's lawsuit against the State of Oregon...but County lawyer Wally Hicks says that they have found 'invaluable clarity' through the decision.

Posted: Sep. 4, 2018 6:34 PM
Updated: Sep. 4, 2018 6:52 PM

 

GRANTS PASS, Ore. — Josephine County's lawsuit against the state of Oregon over an ongoing marijuana debate has been dismissed, according to a statement from the County released on Tuesday.

 

The County filed suit at the beginning of April following their defeat at the Land Use Board of Appeals (LUBA)—where local pot farmers fought back against a new ordinance that would have restricted growing for certain property owners. The defining factor in that case, however, hinged on the County's failure to properly inform property owners of the new ordinance.

 

Following the LUBA loss, the County drew up their lawsuit against the state—and argued, essentially, that Oregon could not enforce marijuana's legality in Josephine County when the federal government continues to prohibit the substance......

 

 

 

http://www.kdrv.com/content/news/Josephine-Countys-Suit-Against-State-Over-Marijuana-Dismissed-492452121.html


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Kinda funny how Josephine country is making a big deal about this now when people have been growing in that area since the 70s and there were a ton of medical farms down there that we're big 99 plant garden but now that things go Recreational and people are putting out thousands of plants there suddenly not ok with it anymore 

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