COUNTY POT ORDINANCE CALLED UNLIKELY

Creating an ordinance to deal with objectionable odors from legal
marijuana gardens may be a pipe dream because of potential conflicts
with state and federal laws, Jackson County officials say.

County Commissioner C.W. Smith said an analysis by county staff
indicated too many legal problems could arise in creating local
regulations to deal with smells or traffic generated by medical
marijuana growing operations.

"There does not seem to be an appropriate legal approach to address
the issue at the county level," he said.

Commissioners will review the county staff's analysis of possible
regulations at 9 a.m. today at the Jackson County Courthouse, 10 S.
Oakdale St., Medford.

Responding to complaints from some neighbors of medical marijuana
gardens, the commissioners directed the county's planning and legal
staffs to study crafting an ordinance that would regulate traffic,
noise, smell, visibility of the gardens and lights used for growing
and prohibit cultivation within 1,000 feet of a school.

With 2,418 medical marijuana cardholders, Jackson County has the
third-highest number of patients using the drug, behind only much
larger Multnomah and Lane counties, according to the Oregon Medical
Marijuana Program.

A grower can have up to six mature plants and 18 starts and seedlings
per patient, for up to four patients.

Since the growing operations are not-for-profit, Smith said the
county can't regulate them the way it can for businesses. Smith said
he hopes state officials will tighten up laws on medical marijuana
operations.

Backers of a new marijuana initiative that would create more state
regulation of pot gardens are attempting enough signatures to place
the initiative on the November ballot.

Smith said the commissioners decided to look at the issue because of
growing concern over the impacts of these gardens in rural areas.

"We didn't mind looking at it," he said.