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Recent Ruling on Banning Medical Marijuana Dispensaries

CAVE JUNCTION, OR -- A new ruling says Oregon cities can restrict or ban medical marijuana dispensaries.


Thursday night, Josephine Circuit Court Judge Pat Wolke addressed a ruling against the state from Cave Junction, which said cities shouldn't have to follow state laws that violate federal law.


While the Circuit Court ruling did not address the point of marijuana being a federally banned substance, it will give the local government more control on dispensaries.


This would apply if a city's development code or business license code says the city does not have to allow medical marijuana dispensaries.


"The state cannot stop us if we so desire," Redmond Mayor George Endicott said. "And if the state really meant it, than they're going to have to go back in the next legislative session, and explicitly say so."


It is not known if the state will appeal the ruling, or address the wording of the law to make it more explicit.


If the ruling does remain unchallenged, then after the allowed year-long moratoriums for Oregon cities end in May, then local governments can continue to restrict or ban medical marijuana dispensaries.


The ruling will have no impact on controlling the effects of the November ballot measure on recreational marijuana, if it passes.

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