An industrial park is taking legal action against Fairview over whether local governments that prohibit medical marijuana production are violating their authority under Oregon law.
The lawsuit, filed in Multnomah County on June 27, claims Eastwind Industrial Parks claim lost revenue from medical cannabis growers who stopped leasing at the park after Fairview city authorities informed them they might not grow on the property.
The city’s codes restrict medical marijuana grows regardless of whether the operation is signed up with the state.
The lawsuit asks Fairview to issue an injunction versus the enforcement of the city’s law concerning the growth of medical cannabis.
Eastwind rented to 4 signed up medical cannabis growers prior to March 2016, the lawsuit said. In early March, the city sent out a letter to park owner Gary Troutner informing him the park remained in violation of city code.
Oregon law allows cities to forbid leisure cannabis manufacturers, processors and sales, along with medical processors and dispensaries. Cities and counties can control medical marijuana production, including a grow’s hours of operation, location, the public’s access and how items are transferred.
However, according to a guide by the League of Oregon Cities, state law does not define whether a city can prohibit medical marijuana grows. The league advises that cities thinking about prohibiting medical marijuana grows speak with their city attorney.
The lawsuit asserts Fairview is overstepping its authority.
“There’s no authority from the state for a city to ban (on medical growing),” the park’s lawyer Bear Wilner-Nugent stated.
Fairview’s city attorney Ashley Driscoll declined to talk about the claim.
The issue of regional control over cannabis has actually been questionable. Lawmakers have actually struggled over just how much power to offer to cities and counties to restrict medical marijuana centers and retail sales of the drug.
Under Measure 91, in most locations only voters can approve a restriction if they gather enough signatures to put the issue on the tally. In 15 eastern Oregon counties where at least 55 percent of voters opposed Measure 91, city councils and county commissions can vote to prohibit any marijuana business.
Many cities and counties have successfully prohibited medical cannabis dispensaries, and 19 counties and 81 cities have actually opted out of recreational cannabis sales. Lots of others have high local taxes to prevent leisure retailers– including Fairview, which has a 40 percent tax.
There was no hearing scheduled for the suit on Wednesday early morning.