Oregon board sides with county on marijuana zoning

MEDFORD, Ore. (AP) - Oregon state officials have upheld local regulations blocking people from growing medical marijuana on property zoned for rural residential use. County laws had already blocked growing marijuana for recreational use in that zone.

The Land Use Board of Appeals (LUBA) sided with Jackson County on the issue, releasing a decision this month that found the county's regulations reasonable and moderate, The Mail Tribune reported.

Sandra Diesel, president the local group Right to Grow USA, brought the case to the board of appeals in April. She argued that the regulations are unreasonable and will hurt patients and growers.

Diesel said Wednesday that she plans to appeal the decision to the Oregon Court of Appeals. "We are going to continue to fight to make certain patients have access to safe medicine in Jackson County," she said.

The county argues that farmers can still grow marijuana in non-residential zones, including exclusive farm use and forest zones. The board of appeals' ruling validates the months county officials spent crafting the new regulations and gathering public feedback, Jackson County Counsel Joel Benton said. The county will continue enforcing the new rules, he said.

"Looking at the facts of the case, LUBA made the right decision," said Doug Breidenthal, a Jackson County commissioner. "When we put the ordinances in place, we were very thorough and thoughtful."

County officials have said they won't go looking for people who violate the marijuana regulations, but they will respond if they receive complaints.