Thursday, October 8, 2015

Medford's marijuana code

5.650 Control of Recreational and Medical Marijuana - Intent and Purpose of Sections 5.650 to 5.654

The City Council of the City of Medford recognizes that citizens of the state of Oregon may both use and grow recreational and medicinal marijuana in accordance with state law.  However, the City Council also recognizes that the production of marijuana, without appropriate safeguards in place, can have a detrimental effect upon public safety and neighboring citizens.  The City Council finds and declares that the health, safety and welfare of its citizens are promoted by limiting the production of recreational and medical marijuana grows in residential areas and ensuring that the offensive odor of marijuana does not travel to other properties.

[Added, Sec. 1, Ord. No. 2015-70, July 16, 2015.]

5.651 Definitions

Words and phrases used in Sections 5.650 to 5.654 shall have the following meanings ascribed to them:

(1)  “Dwelling” means any building or portion thereof containing living facilities, such as a house, apartment or manufactured home.  The term includes any accompanying accessory building and outdoor areas of a dwelling, if any.

(2)  “Homegrown Marijuana” means the marijuana produced for recreational use by a person in accordance with state law.

(3)  “Marijuana” means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae. The term includes any and all homegrown and medical marijuana as defined in this section.

(4)  “Marijuana cultivator” means a medical marijuana grower or recreational marijuana homegrower.  The term includes any landlord or property owner that permits or allows marijuana to be produced at a dwelling.

(5)  “Medical Marijuana” means the marijuana produced for medicinal use in accordance with the Oregon Medical Marijuana Act.

(6)  “Medical Marijuana Grower" means any person engaged in the production of medical marijuana in accordance with state law.  The term includes persons authorized to produce marijuana pursuant to the Oregon Medical Marijuana Act; including, but not limited to, a registry identification cardholder, designated primary caregiver, or person responsible for a marijuana grow site.

(7)  “Production of Marijuana” means the planting, cultivation, growing or harvesting of marijuana, and includes the trimming or drying of marijuana leaves or flowers.

(8)  “Property” means any home, business or publicly-owned property and right-of-way.

(9)  “Recreational Marijuana Homegrower” means a person engaged in the production of homegrown marijuana in accordance with state law.

[Added, Sec. 2, Ord. No. 2015-70, July 16, 2015.]

5.652 Offensive Marijuana Odor; Limitation on Outdoor Marijuana Grows

(1)  No marijuana cultivator shall cause or allow an offensive odor of marijuana to emanate from a dwelling to any other property.

(2)  No dwelling shall contain more than four (4) marijuana plants at any time, effective November 1, 2015.

(3)  Violation of this section constitutes a violation.  Every day in which the violation exists constitutes a separate violation.

[Added, Sec. 3, Ord. No. 2015-70, July 16, 2015.]
5.653 Public Nuisance - Remedy

Violation of section 5.652 is declared to be a public nuisance, and may be abated in the manner provided for in section 5.520.

[Added, Sec. 4, Ord. No. 2015-70, July 16, 2015.]

5.654 Severability

The sections, subsections, paragraphs and clauses of this Ordinance are severable.  The invalidity of one section, subsection, paragraph or clause shall not affect the validity of the remaining sections, subsections, paragraphs or clauses.
[Added, Sec. 5, Ord. No. 2015-70, July 16, 2015.]

Compared to Grants Pass Chapter 5.72, this is far simpler and is confined to controlling the number of plants and the odor from them.  It is still illegal for them to regulate homegrown, and medical growers have a case that it is unreasonable applied to them, with only 4 plants allowed per household .