Jan. 20, 2010 - Stink grows over pot control

Lori Duckworth, executive director of Southern Oregon NORML, shows a nursery of cloned marijuana plants being nurtured for patients in Medford. NORML, or the National Organization for the Reform of Marijuana Laws, opposes Jackson County commissioners’ concept legislation that would limit the amount of marijuana grown and possessed for medicinal use. --Bob Pennell

By Damian Mann
Mail Tribune

Jackson County commissioners Tuesday decided to prod legislators for a solution to neighbor complaints about legal marijuana gardens rather than pursue local controls.

Commissioners said it would be too complicated to enact a local ordinance to deal with odors, traffic, lights and other issues that have been reported over pot gardens in rural areas.

"Quite frankly, smell would be difficult to regulate," said Kelly Madding, director of Development Services.

She said the legal gardens are considered a not-for-profit agricultural crop, so they don't fall under the same constraints as a business.

Madding said a local ordinance, which likely would be challenged in the courts, would require a significant increase in the cost of code enforcement.

Commissioner Jack Walker said the current law is difficult to enforce because of the way it's written.

"No way in the world can you regulate it," he said.

The county drafted a concept law and sent it to legislators asking for more regulation of medical marijuana grow sites, including alerting law enforcement about new gardens.

Legislators might not carry the bill forward for the county until they see how voters respond to several initiatives regarding medical marijuana that could be on the November ballot.

Mel Barniskis, information manager for Southern Oregon NORML, a cannabis resource and information center at 332 W. Sixth St., Medford, criticized the tenor of the county's proposed legislation.

"It seems to serve the purposes of law enforcement, but doesn't address the welfare of patients," she said. "It seems to put more hardships on patients."

Commissioners propose limiting the amount of marijuana on hand at any one time and restricting patients to possessing one ounce. Instead of six plants for a patient, commissioners propose allowing only two mature plants plus two seedlings.

"Allowing so much marijuana provides a clear opportunity for abuse," the concept legislation stated.

With 2,418 medical marijuana cardholders, Jackson County has the third highest number of patients using the drug behind Multnomah and Lane counties, according to the Oregon Medical Marijuana Program.

Under current law, a grower can have up to six mature plants and 18 starts and seedlings per patient for up to four patients.

Barniskis said the concept legislation shows a lack of understanding about the way medical marijuana is grown and used.

Barniskis said there is a big difference in the amount of marijuana that can be grown indoors versus outdoors. An indoor plant generally produces several ounces, while an outdoor plant can produce a couple of pounds, she said. Having additional plants helps ensure a grower won't experience a complete crop failure should bug infestations or mold occur.

Patients' needs for the medication vary wildly, she said. Some ingest the drug because they can't or don't like to smoke it, which requires more plant material to produce the medicinal effect, she said. Some patients require more than an ounce a week to deal with a particular health problem, Barniskis said.

Patients sometimes drive long distances to obtain their medication, so limiting them to just one ounce would also be a problem, she said.

Commissioners want to prohibit grow sites within 1,000 feet of a school. Barniskis said her organization encourages renters who want to grow medical marijuana to move to a different area. In other cases, where someone owns a house, she said NORML strongly advises the growers who are near schools to make sure the plants aren't visible and to take precautions to reduce the smell.

Commissioners acknowledged that initiatives in the works could change Oregon's marijuana laws.

In particular, Initiative 28 proposes creating a regulatory process through the Oregon Department of Human Services to keep better track of growing operations.

John Sajo, executive director of Voter Power, an organization backing Initiative 28, said if voters enact the initiative, it would create more regulatory authority and would resolve some of the problems such as large gardens.

He said the initiative would provide a role for county government to potentially enforce zoning restrictions on marijuana gardens.

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.

Dec. 28, 2009 - New law expected to curb metal theft

Michael Melton, general manager of White City Metals and Supply, stands next to bins of scrap wire. A new law requiring a state certificate to haul scrap metal will take effect Jan 1. Mail Tribune / Jim Craven

By Damian Mann
Mail Tribune

If you're going to haul away scrap metal from your yard, be prepared to get a state certificate Jan. 1 or you will be breaking the law.

Senate Bill 570 requires everyone transporting metal to get the certificate or risk a fine of up to $1,250 or a maximum 30 days in jail.

"What I'm encouraging people to do is to have the certificate — you can print it off the Internet, said OSP Sgt. Stephanie Ingraham. "Save yourself some trouble — just have it."

The certificate will require identifying where the metal was obtained, which doesn't sit well with people who routinely go to scrap yards.

"It seems like a big hassle," said Cory Corbett, a 23-year-old White City resident who works for a refrigeration company.

He brought a load of old refrigeration equipment, motors and condensers that he figured would fetch about $200 or $300 to Schnitzer Steel in White City.

Corbett said it would be difficult to figure out where everything came from, saying the motors were salvaged from 60 different stores.

Bobby Maley, a 31-year-old White City resident, said, "It's going to me a mess."

Maley goes around neighborhoods, knocking on doors, looking for scrap wherever he can find it. Maley said he will have to keep a log of where he gets the metal before he fills out the certificate.

If a person is stopped by law enforcement and doesn't havethe certificate, it would benecessary to prove ownership of the metal as a defense against any possible penalties.

The new law is designed to help law enforcement better track shipments of metal to crack down on the growing problem of metal theft.

Scrap metal yards will be required to inspect the metal transportation certificate and report any suspicious behavior.

Any attempts to alter metal so that its original ownership cannot be detected also is against the law.

Michael Melton, general manager of White City Metals and Supply, said the new law is an expansion of another law that took effect last Jan. 1 and requires his company to take a picture of the scrap sellers, their vehicles and the materials they bring in. In addition, a copy is made of the driver's license.

Many people burn off the insulation surrounding copper wire, but Melton no longer can accept it even though it is worth more money by the pound as bare wire.

Previously, he paid cash for many small transactions, but the state will be requiring a check. The check, however, will have to be held for three days before the seller can receive it.

Some sellers would bring in as little as 63 cents worth of metal, but Melton said he will have to institute a $15 minimum because of the extra paperwork for the checks.

He said the new procedures will be a hassle mostly for the sellers, but not for his company, which already has instituted about 90 percent of the new regulations.

"The big thing is getting people trained because it has been a free-for-all for so long," he said.

Melton said he has seen his fair share of suspicious activity over the years.

A woman was bringing in enough telephone cable each night to pocket $300 to $400. This went on for about four months in 2008 and 2009 before someone saw the woman with a telephone company logo on her shirt. An investigation ensued and the woman was arrested, he said.

One of Melton's employees was arrested in 2007 for stealing wire and hiding it in a lunch pail, then selling it later at Schnitzer Steel.

High prices for metal encourage thievery. Bare copper has been selling for $2.54 a pound and aluminum brings about 40 cents or more a pound, depending on quality.

Even with the new law, Melton said criminals will find a way to make money illegally.

"People are relentless in their pursuit of finding something to steal," he said.

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.

December 2, 2009 - County will take a look at medical pot gardens

By Damian Mann
Mail Tribune

Jackson County commissioners headed into potentially controversial territory Tuesday to pursue land-use regulations that could curb large-scale medical marijuana operations.

Responding to complaints from neighbors of medical marijuana gardens, the commissioners directed planning and legal staff to craft an ordinance that would regulate traffic, noise, smell, visibility of the gardens and lights used for growing and prohibit cultivation within 1,000 feet of a school.

County legal counsel Frank Hammond told commissioners a local ordinance may be legally feasible because state law regulating medical marijuana doesn't address land-use issues with gardens.

But there likely would be legal challenges from marijuana advocacy groups, he said.

"One of my points is this whole thing would be very controversial," he said.

Some of the concerns could be addressed in Initiative 28, an effort that would regulate growers in Oregon and subject them to state oversight, said Rep. Peter Buckley, an Ashland Democrat.

Buckley said Initiative 28, which has about half the signatures necessary to put it on the November 2010 ballot, could end the problems associated with fly-by-night growers.

Buckley is a strong supporter of state medical marijuana laws, but he said he is also concerned about the behavior of some growers.

"It is extremely frustrating for me when people who are involved in the program as growers don't behave like responsible citizens," he said.

Buckley said the Legislature isn't likely to deal with land-use problems associated with medical marijuana when it convenes in February for a limited session.

With 2,418 medical marijuana cardholders, Jackson County has the third highest number of patients using the drug behind Multnomah and Lane counties, according to the Oregon Medical Marijuana Program.

A caregiver can grow up to six mature plants and 18 starts and seedlings per patient for up to four patients.

The county cannot create an ordinance that contradicts or is more restrictive than the state medical marijuana law, Hammond said.

He suggested commissioners consider regulating marijuana cultivation as an agricultural use.

The county leaders wondered whether the nonprofit marijuana gardens could be treated as a small business.

Commissioner Jack Walker likened them to an operation that wanted to open a rock quarry.

Hammond said that under state law, growers can be reimbursed for expenses but can't make a profit like a regular business.

Commissioner C.W. Smith said he is concerned that growers are banding together to create large operations that increase traffic and cause other issues in neighborhoods.

"It is a quasi-commercial event, even though it is not a profit-making one," Smith said. He noted that he doesn't have a problem with people who have medical marijuana cards.

Smith said the state should have more oversight of marijuana since it is still considered a controlled substance.

Commissioner Dave Gilmour said some of these gardens are a nuisance in some neighborhoods, and he thought it appropriate to have some restrictions.

Bruce Mirken, spokesman for the Marijuana Policy Project, a national organization that has sought to decriminalize marijuana, said most of the conflicts with medical marijuana have arisen over dispensaries, not the gardens.

In general, he said his organization doesn't have a problem with reasonable laws that deal with neighborhood nuisance problems that might arise from marijuana gardens.

"There may be some things not solvable by the law," he said. "Living with other people in society requires dealing with some level of nuisance."

For instance, a homeowner who lived next to oil fields couldn't shut down production just because he didn't like the smell, Mirken said.

He said commissioners are confronting the kind of neighborhood concerns local governments face every day.

"They are trying to find a way to solve legitimate legal concerns," he said.

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.

October 9, 2009 - Neighbors Make Stink Over Pot's Smell

By Damian Mann

Mail Tribune

Cultivating medical marijuana is legal, but complaints are growing from neighbors over the pungent smell, bright lights and traffic at all hours.

Jackson County commissioners Thursday said they might consider altering land-use laws to allay these concerns or urging legislators to address the issue of public nuisance, but they wanted to stay clear of any actions that would conflict with state laws.

"The thing we came up against is the smell — it is like being 10 feet from a skunk," said Shayne Maxwell, a Rogue River resident who has a neighbor growing medical pot. "It also attracts skunks."

Maxwell, who presented the problem to commissioners and also is on the county's budget committee, said she supports medical marijuana, but thinks growing the plants should be subject to the same land-use laws that govern other activities on properties.

Her neighborhood comprises mostly 2.5-acre rural residential lots and isn't zoned for farming, she said.

Maxwell said her objection is not to the marijuana, but the smell, the traffic and the bright grow lights.

"I would do the same thing if there were carrots and they smelled like that," she said.

She told commissioners she can't go into her backyard or open windows because the pungent pot smell is overpowering in September and October, when the plants are ready for harvest.

Commissioners appeared sympathetic, but said current land-use laws apply to businesses in rural areas, not to nonprofits such as medical marijuana gardens.

They also wanted to be careful not to write local regulations that would conflict with state laws over medical marijuana.

The commissioners said the Legislature should be more responsible by rewriting the medical marijuana law so that it takes into consideration impact on neighborhoods.

"The Legislature did dump on counties," Commissioner C.W. Smith said.

He said some of the medical marijuana gardens are operating at a commercial level, so he thought there should be provisions to ensure they are good neighbors.

Commissioner Dave Gilmour noted the county wasn't able to devise a noise ordinance several years ago, so he believed drafting regulations on smell and lights also would pose problems.

Commissioners agreed to analyze the possibility of writing new language into the county's land-use laws, but also wanted to urge lawmakers to address the issue with legislation.

Jackson County Sheriff's Detective Donald Adams said his agency received hundreds of complaints over the last month about medical marijuana.

Richard Maughs, a medical marijuana grower and consultant who lives near Rogue River, said neighbor complaints are leading to more people knowing about the operation and increasing the chances of thievery.

Pointing toward one of his neighbors, he said, "He has caused a security risk for our patients."

Maughs said he has people watching the operation 24 hours a day.

He said the conflict with his neighbor is adding to the stress of losing at least three patients to cancer and other illnesses this year.

"Everything here is for our patients," said Maughs, 55.

He said he has talked to the sheriff's department about his operation and doesn't think the smell or the number of plants he's growing should cause a big problem. He estimated the plants are about 100 yards from the nearest house, except for his landlord's.

Maughs said he could grow up to six plants for each patient, but said he has chosen to grow only three to be a good neighbor.

Steve Austin, a Rogue River neighbor who complained to commissioners about a marijuana operation, said, "My issue is the unbelievable hordes of lowlifes and miscreants that charge up and down this driveway."

Melanie Barniskis, spokeswoman for the Southern Oregon chapter of the National Organization for the Reform of Marijuana Laws, said the smell of marijuana can be intense at this time of year, but there is nothing in Oregon legislation addressing smell.

Traffic is a neighborhood issue, which Barniskis said should be worked out among the residents.

"That would upset me," she said. "I would tell my patients to come only during normal business hours."

NORML promotes the responsible use of marijuana and urges growers to show respect to neighbors. But because the marijuana is a medication, there may be instances in which someone needs to come in the early morning hours, she said.

"Most people who are legal growers are going to follow the law to the letter," she said. "They do this out of compassion."

She said under Oregon law, the grow site must be kept out of view of the public.

Growers often become interested in marijuana after they've seen the benefits of the medicine for a loved one who has cancer or glaucoma.

Barniskis said she didn't dispute the possibility the Sheriff's Department has received a lot of complaints recently because the pot is more visible now and there typically is more security before harvest.

"It is a nervous time, even with the legal protection of having the grow cards," she said.

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.