STREAMING NOW: Watch Now

Josephine County Considers Revamped Marijuana Ordinance

A new ordinance on the docket for the County Commissioners contains many of the hallmarks of a previous, 2017 ordinance that was overturned after pot advocates fought back.

Posted: Oct 3, 2018 4:23 PM
Updated: Oct 3, 2018 4:33 PM

GRANTS PASS, Ore. — A new proposed ordinance before the Josephine County Board of Commissioners shares many similarities with a previous ordinance passed in 2017 that attempted to rein in marijuana growers  before it was overturned in court.

The new ordinance, No. 2018-005 says in abstract that it would "prohibit the production, processing, wholesaling, retailing, and research of marijuana in rural residential zones."

Much like the previous ordinance, the new one would not attempt to restrict the growth of the four personal plants per residence allowed under state law. However, unlike the previous ordinance, the new one does not appear to be confined to plots of land that are five acres or less.

Perhaps softening the blow for marijuana farmers in Josephine County, the proposed ordinance does include a clause that appears to grandfather-in existing legal grow operations:

"Lawfully established Marijuana Production Sites in rural residential zones that existed prior to the effective date of Ordinance 2018-005 and authorized by state law as of that effective date may be eligible for a Determination of a Nonconforming Use," the document states.

Yet even that provision includes new conditions — a person regulated by the State of Oregon must "have an interest" in the property where the site is located, business hours must be limited to the hours of 7 a.m. to 7 p.m., those hours will be extended slightly during harvest time, and noise from any production activities must measure below 50 decibels during business hours.

Plants at any of these approved "Nonconforming" sites would also have to be at least 150 feet from a neighboring home. Properties that don't already follow this rule would need to make the necessary changes within two years of the ordinance's effective date.

The first reading of this ordinance is set for Wednesday, November 7.

What ultimately caused the previous ordinance aimed at marijuana sites to be overturned by the Land Use Board of Appeals earlier this year was an apparent failure to directly notify property owners (a requirement by law) that the ordinance was being considered. According to a statement from the Board of Commissioners sent to the media on Wednesday:

"The County will enclose notices to property owners with mailed tax statements in the coming weeks."

After Josephine County's previous ordinance was overturned, the County attempted to sue the state of Oregon in federal court. That lawsuit was dismissed by a federal magistrate judge in early September.

The ordinance draft may be downloaded or read in its entirety below.

Oregon Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 22022

Reported Deaths: 375
CountyConfirmedDeaths
Multnomah505698
Washington320227
Marion300573
Umatilla234231
Clackamas159547
Malheur83914
Deschutes61710
Lane6063
Jackson4992
Yamhill47413
Lincoln4219
Union3952
Jefferson3794
Morrow3783
Polk33012
Linn30311
Hood River2050
Klamath2042
Wasco1953
Benton1786
Douglas1591
Josephine1282
Columbia1020
Coos910
Clatsop890
Crook501
Baker420
Tillamook340
Lake320
Wallowa201
Curry170
Sherman160
Harney110
Gilliam40
Grant40
Unassigned00
Wheeler00

California Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 591376

Reported Deaths: 10753
CountyConfirmedDeaths
Los Angeles2142835112
Riverside43376824
Orange41823745
San Bernardino38290555
San Diego33157602
Kern25179183
Fresno17978191
Alameda14112209
San Joaquin13870235
Santa Clara12962207
Sacramento12274179
Tulare11643205
Stanislaus10855177
Contra Costa10103149
Imperial9919252
Ventura874093
San Francisco783467
Santa Barbara707473
San Mateo6535122
Merced610274
Monterey562839
Marin547181
Kings506762
Solano433841
Sonoma382551
Madera259040
Placer237724
San Luis Obispo230017
Yolo189845
Santa Cruz13166
Butte12808
Napa114211
Sutter10197
El Dorado7852
San Benito7674
Lassen6830
Yuba6784
Mendocino47810
Shasta46910
Glenn4363
Colusa3975
Nevada3571
Tehama3041
Humboldt2934
Lake2532
Amador19510
Calaveras1611
Mono1601
Tuolumne1592
Inyo1135
Siskiyou1060
Del Norte1040
Mariposa632
Plumas370
Trinity60
Modoc50
Sierra50
Alpine20
Unassigned00
Medford
Clear
63° wxIcon
Hi: 94° Lo: 56°
Feels Like: 63°
Brookings
Clear
52° wxIcon
Hi: 73° Lo: 54°
Feels Like: 52°
Crater Lake
Clear
50° wxIcon
Hi: 83° Lo: 50°
Feels Like: 50°
Grants Pass
Clear
59° wxIcon
Hi: 90° Lo: 55°
Feels Like: 59°
Klamath Falls
Clear
50° wxIcon
Hi: 87° Lo: 47°
Feels Like: 50°
Sunny and warmer Thursday
KDRV Radar
KDRV Fire Danger
KDRV Weather Cam

Community Events