Pubdate: Sun, 03 Nov 2013
Source: Bulletin, The (Bend, OR)
Copyright: 2013 Western Communications Inc.
Contact:  http://www.bendbulletin.com/
Details: http://www.mapinc.org/media/62

COMMUNITIES SHOULD BE ABLE TO SAY NO TO POT DISPENSARIES

Officials in two Central Oregon communities, Madras and Metolius, 
have said they don't believe medical marijuana dispensaries should be 
allowed to locate inside their city limits. If the bans are adopted, 
they will join Medford and several other communities that have taken 
similar action.

The law, which allows the dispensaries and gives regulatory power 
over them to the Oregon Health Authority, was approved by the 2013 
Legislature by relatively narrow votes in both houses. It goes into 
effect at the first of the year. OHA has not yet made its proposed 
regulations public.

Like Medford officials, those in Madras and Metolius base their 
opposition on the fact that the dispensaries are illegal under 
federal, if not state, law. Medford officials note that when they 
take office, they swear to uphold federal law, and failure to do so 
would violate that oath.

Meanwhile, the new law's chief sponsors, Rep. Peter Buckley, 
D-Ashland, and Sen. Floyd Prozanski, D-Eugene, argue that the law 
does require cities to allow dispensaries, though no language in it 
makes that clear. Buckley recently told the Medford Mail Tribune 
newspaper that legislative council soon will issue a written opinion 
saying cities cannot ban the dispensaries. That would be a shame.

Communities long have had the power to decide, within limits, what 
sort of businesses they will accept. Thus, Monmouth, just outside 
Salem, barred the sale of beer and wine within city limits for more 
than 100 years, from 1858 to 2003. Hard liquor sales became legal in 2010.

We don't believe medical marijuana sales would be the undoing of any 
of the communities hoping to ban them. At the same time, we don't 
believe the state of Oregon should step in and require that the 
dispensaries be allowed.
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MAP posted-by: Jay Bergstrom