Pubdate: Mon, 05 May 2014
Source: Corvallis Gazette-Times (OR)
Copyright: 2014 Lee Enterprises
Website: http://www.gazettetimes.com/
Details: http://www.mapinc.org/media/2976

BATTLE OVER DISPENSARIES HEADS TO THE COURTS

The battle over medical marijuana dispensaries in Oregon finally
landed in the courts last week, as the city of Cave Junction asked a
judge to decide whether the state law authorizing the dispensaries
complies with the state and U.S. constitutions.

The lawsuit, filed in Josephine County Circuit Court, is one of the
first legal salvos on the medical marijuana front. You can guarantee
that it will be closely watched throughout the state.

It seems a good bet that the case will go to the Oregon Supreme Court
and possibly beyond.

You also can expect that other aspects of the medical marijuana
dispensary law will be challenged by any number of different plaintiffs.

The specific issue raised in the Cave Junction lawsuit revolves around
the conflict between federal law, which prohibits the sale of
marijuana, and the state law authorizing the sale of medicinal cannabis.

Like many other cities, Cave Junction prohibits issuing a business
license to anyone violating federal law.

The city attorney for Cave Junction, Ryan Kirchoff, asked the Circuit
Court to cut through the contradiction between state law and federal
law.

(It's worth noting that this conflict also could haunt the attempt to
legalize the recreational use of pot in Oregon.)

"It's not about the politics of marijuana," Kirchoff said. "It's about
the rule of law and the status of cities and counties and
institutions, many of which are home-rule entities that would like to
manage this themselves, but are stuck with the inevitable conflict."

The specific facts in the Cave Junction case do not apply to
Corvallis, where businesses do not need licenses. In fact, at least
two dispensaries have opened in Corvallis, where the City Council
simply has not been inclined to follow the lead of other governments
in Oregon that have elected to ban the dispensaries for a year.
(Philomath and Adair Village both voted for one-year
moratoriums.)

The legislative action that allowed governments to temporarily ban the
dispensaries was intended at least in part to buy some time for the
courts to sort through the various issues involved.

But it's not out of the question that someone could file a court
challenge to the legality of the law allowing the one-year
moratoriums. Or, for that matter, just about everything else regarding
the state's convoluted efforts to roll out a system of medical
marijuana dispensaries.

Given time, maybe our courts can begin to create some coherence where
our legislators and administrators have created continuing confusion.
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MAP posted-by: Matt