Monday, July 27, 2015

“GP nixes outdoor pot plants”? Let’s sue!


A pot plant, legally planted after July 1, 2015

The Grants Pass City Council banned outdoor growing of marijuana, even in a greenhouse, on July 15th, in an emergency nuisance ordinance, after having been told by our state Rep. Carl Wilson, that it would violate Senate Bill 863 (2013), now ORS 633.738, which reserves the regulation of agricultural items to the state.  Let’s sue them.

SB 863 was passed in 2013 in response to the anti-GMO initiative being petitioned in Jackson County, but it applies to all seed-bearing farmed plants.  SB 863 became ORS 633.738 and is printed below.  It exempted only Jackson County’s GMO ban.  But it can be overridden where the state specifically allows it in other laws.

Attorney Paul Loney briefed the Oregon Sungrowers (OregonSungrown.org) on the implementation of Measure 91 and the changes to the Oregon Medical Marijuana program in House Bill 3400 (2015).  M 91 allows local governments to impose “reasonable time, place, and manner restrictions” on licensed recreational growers.  “Reasonable” is the operative word here.

HB 3400 also brought new Oregon Health Authority rules to medical growers, with a list of various limits on plant numbers, depending on how many patients a grower was supplying as of December 31, 2014; whether they are located in or out of a city; and whether patients stay with the grower.  None may grow more than 96 plants, and if they co-license with OLCC to grow recreational pot, they are still held to medical plant limits.  OHA rules allow only specific types of local “reasonable regulations” on medical growers and dispensaries.  Medical cardholders growing 12 plants or less at their own residences are free of inspections.

But the OLCC licensing rules do not apply to those who stay within the homegrown limits: 4 plants; 8 ounces of dried bud or leaf; 1 pound of edibles; and 72 ounces of liquid product, all kept out of sight of public places.  OHA limits apply only to medical cardholders.  SB 863 protects homegrowers from local restrictions.

Even if it is found to be reasonable to force commercial and medical growers to grow only indoors in the city, SB 863 does not allow any local restrictions on those not subject to licensing rules.


This homegrower wants to sue Grants Pass and request an injunction to stop enforcement of their illegal blanket ban on outdoor growing of pot.  I am raising money on GoFundMe.com to retain an attorney.  See the “Homegrown Defense Fund” at http://www.gofundme.com/zb38423u.

P.S.  I borrowed $5000 to get this lawsuit started.  I would do so if I was cited; it is better to sue.  It will not be added to the fund, but will be repaid if it is not used, and repaid from the city if it is.


 GoFundMe campaigns have no limit or end date.  The Homegrown Defense Fund will be held in a special account to be available if the city again threatens our homegrown rights.  In 5 years, it will become the Keep The Rogues Honest Fund, for general defense of poor people’s rights against Rogue government.  It will be used only for legal fees.

The Grants Pass ordinance has not been codified yet; it can be found in the July 15th meeting packet at  //www.grantspassoregon.gov/AgendaCenter/ViewFile/Agenda/07152015-1253
                   
July 2015 protest issue, published in GardenGrantsPass.blogspot.com
Follow @AnRycke on Twitter; GP Gardener on Facebook; check out GPgardener.com for blogs
Rycke Brown, Natural Gardener          541-955-9040        rycke@gardener.com



SB 863 (2013) is ORS 633.738

Courtesy of Paul Loney, Attorney at Law:

633.738 Prohibition of local laws to inhibit or prevent production or use of seeds or products of seeds.
(1) As used in this section:
(a) “Local government” has the meaning given that term in ORS 174.116.
(b) “Nursery seed” means any propagant of nursery stock as defined
in ORS 571.005.

(2) Except as provided in subsection (3) of this section, a local government may not enact or enforce a local law or measure, including but not limited to an ordinance, regulation, control area or quarantine, to inhibit or prevent the production or use of agricultural seed, flower seed, nursery seed or vegetable seed or products of agricultural seed, flower seed, nursery seed or vegetable seed. The prohibition imposed by this subsection includes, but is not limited to, any local laws or measures for regulating the display, distribution, growing, harvesting, labeling, marketing, mixing, notification of use, planting, possession, processing, registration, storage, transportation or use of agricultural seed, flower seed, nursery seed or vegetable seed or products of agricultural seed, flower seed, nursery seed or vegetable seed.

(3) Subsection (2) of this section does not prohibit a local government from enacting or enforcing a local law or measure to inhibit or prevent the production or use of agricultural seed, flower seed, nursery seed or vegetable seed or products of agricultural seed, flower seed, nursery seed or vegetable seed on property owned by the local government. [2013 s.s.1 c.4 §3]

Note: Section 4, chapter 4, Oregon Laws 2013 (first special session), provides:
Sec. 4. Section 3 (sic?) of this 2013 special session Act [633.738] does not apply to any local measure that was:
(1) Proposed by initiative petition and, on or before January 31, 2013, qualified for placement on the ballot in a county; and (2) Approved by the electors of the county at an election held on May 20, 2014. [2013 s.s.1 c.4 §4]