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Law Professionals, Farmers Weigh In On Marijuana Lawsuit

The legal battle is heating up between Josephine County and the State of Oregon over marijuana regulations. Now law professionals are weighing in on how the lawsuit could play out in District Court.

Posted: Apr 5, 2018 6:32 PM
Updated: Apr 5, 2018 6:37 PM

JOSEPHINE COUNTY, Ore. -- The legal battle is heating up between Josephine County and the State of Oregon over marijuana regulations. Now law professionals are weighing in on how the lawsuit could play out in District Court.

Tung Yin, Law Professor at Lewis And Clark Law School, said it seems that the lawsuit is about finding balance between state and local governments.

"I think that's what this lawsuit is really about, which is how much of marijuana policy should be decided by the state level versus how much should be local," Yin said.

Ross Day, Attorney for F.A.R.M.S, Inc., said he does not think the lawsuit will be successful because it misunderstands the relationship between states and counties.

"The lawsuit misunderstands that fundamental premise, the law doesn't compel the county to do anything," Day said.

The lawsuit comes after F.A.R.M.S, Inc. appealed an ordinance that would put restrictions on pot farming on rural residential roads. The Land Use Boards of Appeal, LUBA, overturned the ordinance.

County commissioners have appealed that decision.

When asked why the board is appealing the decision, Wally Hicks, Josephine County Legal Counsel, said in an email, "If the county had not appealed LUBA's ruling it would have sent out notice in accordance with LUBA's order and held a remand hearing. LUBA declined to rule on the Petitioners' other two claims which means they can be appealed again even after the remand hearing."

Amanda Metzler, F.A.R.M.S, Inc. President, said the group wants to sit down with the board to come up with ordinance both groups will be happy with. 

When asked if that meeting will still happen, Hicks said, "The Board has not met since the lawsuit was filed so there has been no way just yet to decide whether to meet with FARMS INC."

Day said the group will meet this Sunday to decide if they will get involved in the suit. He described what that would look like.

"We would file a motion to intervene, we'd intervene in the case because this would obviously have an affect on my clients' rights," Day said. 

He said if that were to happen, it would likely be in the next few weeks.

Oregon Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 4086

Reported Deaths: 151
CountyConfirmedDeaths
Multnomah110359
Marion93125
Washington71517
Clackamas30411
Deschutes1210
Linn1159
Umatilla1143
Polk9811
Yamhill697
Lane672
Jackson650
Benton555
Clatsop450
Klamath410
Malheur330
Coos310
Douglas250
Jefferson250
Josephine251
Wasco211
Columbia160
Hood River130
Morrow120
Lincoln100
Crook60
Curry60
Union60
Tillamook60
Wallowa20
Lake20
Sherman10
Harney10
Grant10
Baker10
Unassigned00

California Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 103813

Reported Deaths: 3993
CountyConfirmedDeaths
Los Angeles498602241
Riverside7341313
San Diego7100260
Orange5744142
San Bernardino4914190
Alameda309794
Santa Clara2701140
San Francisco243740
San Mateo202282
Kern200737
Tulare183580
Fresno165832
Santa Barbara163612
Imperial144326
Contra Costa138437
Sacramento134956
Ventura106232
San Joaquin84235
Kings7043
Stanislaus68328
Sonoma5304
Solano50922
Monterey4699
Marin43614
Merced2807
San Luis Obispo2681
Yolo20723
Santa Cruz2062
Placer1969
Napa1113
Humboldt983
Madera942
San Benito852
El Dorado840
Del Norte440
Sutter422
Nevada411
Butte400
Shasta374
Mono351
Yuba281
Mendocino250
Lake230
Inyo191
Mariposa161
Calaveras150
Glenn140
Amador100
Siskiyou60
Colusa50
Lassen50
Tuolumne40
Plumas40
Tehama41
Alpine20
Trinity10
Sierra10
Unassigned00
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