They plan on filing an appeal and more lawsuits are expected
By Keith Mansur
Oregon Cannabis Connection
Sept 22, 2016 – Oregon’s Land Use Board of Appeals (LUBA) has denied the petitions by Sandy Diesel and the non-profit growers group she represents, Right To Grow USA, Inc. (RTG).
“We always knew this case would ultimately be decided by the Oregon Court of Appeals, regardless of which side won at LUBA,” Sandra Diesel explained in a statement. “We knew if we won, the county would appeal…This is just one step in the process.”
According to RTG, there are approximately 3,500 cannabis growers on rural residential lands in Jackson county that are affected by the unique land use rules. Diesel claims few, if any, permits have been issued. She, and others, believe Jackson County is intentionally dragging their feet.
Residents on Rural Residential (RR) land are not supposed to grow any farm products for commercial use, which essentially means for profit, without a Non-conforming use permit. The permit costs over $1,500 dollars, and is not something that has never been enforced with most small family farms growing vegetables on RR lands ever sought, or thought they needed. That is unfair, and should not be accepted, according to Diesel and RTG.
RTG and Diesel are planning to file an appeal to the LUBA decision within the next 30 days.
“Now we are going to ask elected judges to weigh in on this important question of public policy,” she explained further in her statement. “We are going to continue to fight to make certain patients have access to safe medicine in Jackson County.”
The petitions challenging the ordinance were denied, but they also sought an injunction in Circuit Court to prevent Jackson county from enforcing the land use ordinance, which makes any cannabis cultivation for profit illegal on any Rural Residential zoned land. That injunction case has yet to be heard.
RTG also recently filed a lawsuit against the Oregon Health Authority to challenge the changes made in rules. Their suit claims a violation of privacy under the Oregon and Federal constitutions. Many people feel the rule changes could cause significant suffering by making patients medicine unaffordable, inaccessible, or significantly reduce the amount they may need. Many growers are choosing not to deal with the intrusive rules, leaving many patients without a grower.
“We are hitting them with EVERYTHING we got,” Diesel explained to Oregon Cannabis Connection. “We’re not backing down. Patients lives are on the line & nothing else matters…nor should it.”
For more information on their lawsuits and how you can become involved, Right To Grow can be contacted by email at firstname.lastname@example.org.
Featured Image taken at Roganja Farms in Jackson County, Oregon. Image, “Sisters”: Keith Mansur, OCC
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