Recreational Marijuana Ruling: County Initiates Process to Lift Ban

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(Photo above: The Board of County Commissioners prepare to deliberate on rural land use concerning the marijuana industry | by CBN)

 

After lengthy deliberations, Deschutes County Commissioners unanimously decided to initiate a process to lift the ban on marijuana land uses in rural Deschutes County. After reviewing recommendations provided by the County’s planning commission, marijuana advisory committee and the public, the commissioners agreed on a framework for reasonable regulations to address sight, sound, smell and other impacts associated with the growing and processing of marijuana.

Land use stipulations farmers will have to adhere to in order to apply for permits include variables such as lot size, yard setback, separation distances, water, number of licenses per parcel, indoor/outdoor production, building floor space, noise and screening. Perhaps the most controversial of these are odor and lighting.

In terms of mitigation for odor and light the counsel is only agreeing to indoor production.

For concerns about odor, Hunter Neubauer of Oregrown explains, “there are all sorts of options. Technologies currently available include fans that can diffuse cannabis aroma by melting the terpenes. This equipment is currently being manufactured in Colorado. And there are tons of other technologies being tested and refined.”

For concerns regarding lights at night and the dark sky ordinance, black out curtains and only allowing grow lights outdoors from 7am-7pm is proposed. Other agricultural communities are not required to follow this ordinance.

Neubauer offers, “The bottom line is, cannabis growers are willing to be totally sensitive to these concerns and we are taking responsibility for these mitigating costs. We have and are completely cooperative.”

A full listing of draft land use regulations will be available via the Deschutes County website after 5pm on May 19 and first reading by the council will take place May 25. A required second reading will occur at least two weeks from then at the beginning of June. The new regulations will take effect 90 days after the second reading. At that time, the County will require existing medical marijuana growers to fully comply (unless exempt by state law) with all new regulations within six months of the date that the new regulations are adopted.

However, existing medical growers will need to comply with lighting standards that are outlined in new regulations as soon as the new regulations go into effect.

Some farmers were hopeful that an emergency clause might be enacted so that the new ordinances would be immediately in effect which would allow for a summer growing season. Deschutes County Vice-Chair Tammy Baney said at the beginning of May 11 deliberations that this would not be the case as this sort of clause is typically only used in cases of public health or other such emergencies.

“Regardless of our Board’s decision today, marijuana is not going away. Medical marijuana production has been legal since 1998 and now that the legislature allows overage to be sold on the recreational market we have a responsibility to address the impacts and bring both sides together,” said Baney. “With our decision, we’re hoping to find a balance between allowing an industry that is already legal and exists both in Oregon and in Deschutes County and preserving rural quality of life.”

“We deeply appreciate the time and energy that our planning commissioners, marijuana advisory committee members and so many county residents have invested in an effort to help us address this topic,” said Deschutes County Chair Alan Unger. “We’ve spent the past six months listening to folks on both sides of this issue as we worked to assess what appropriate reasonable regulations would look like for our unique region.”

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