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Originally published Sunday, October 20, 2013 at 5:58 PM

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Some Oregon cities to fight medical-pot dispensaries

Oregon is months away from setting up dispensaries for medical marijuana, but some cities are already finding ways to keep them out .

The Associated Press

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PORTLAND — Oregon officials are only months away from accepting applications for the state’s first medical-marijuana dispensaries under a new law.

But local leaders who want to keep pot shops out of their communities are ready for a fight.

In Myrtle Creek, the police chief and mayor both oppose dispensaries within city limits. And in Medford, the City Council made a rule change to say that business licenses could be revoked for violating the federal prohibition on the drug. There’s no way “to prevent the wholesale distribution of marijuana through dispensaries,” said Medford City Councilman Chris Corcoran.

Marijuana activists, who support the law signed by Gov. John Kitzhaber in August, say plans to ban dispensaries run contrary to legislative intent — though they realize local authorities will likely have the final say.

“There will be dry counties,” said Allen St. Pierre, executive director of the National Organization for the Reform of Marijuana Laws. “If they don’t want people to have retail access to marijuana or massive production of it, there is almost no doubt that no cities or towns can be forced to go that route.”

Oregon law has allowed for medical marijuana since 1998, but there has been a catch for patients: They could legally possess the drug, but they had to find their own producer or grow it themselves — or resort to the black market.

Marijuana advocates pitched the dispensary law as a course correction. The pot shops, they said, provide safe access for patients and create a viable system of reimbursement to the growers and a more accurate market for marijuana prices by taking pot out of the hands of illicit dealers.

Oregon voters rejected dispensaries in 2010, but legislators passed a bill this year and set in motion a nine-month review process during which the laws implementing the dispensaries would be determined by a committee that includes law enforcement, marijuana advocates, botanists and legislators. In less than five months, applications are set to start coming in.

Cities and counties have at least two options to keep dispensaries out. Like Medford, they can choose not to issue business licenses to dispensaries. Or they can take the matter to federal court, where pot is considered a prohibited substance.

A 9th U.S. Circuit Court of Appeals decision in 2012 sympathized with patients who say they need marijuana but ultimately sided with the federal government’s prohibition. In that case, a group of California plaintiffs alleged that the cities of Costa Mesa and Lake Forest violated the Americans with Disabilities Act by taking steps to close dispensaries.

“We recognize that the plaintiffs are gravely ill, and that their request for (Disabilities Act) relief implicates not only their right to live comfortably, but also their basic human dignity,” wrote Judge Raymond C. Fisher. “(However,) federal law does not authorize the plaintiffs’ medical marijuana use.”

Rep. Peter Buckley, D-Ashland, who shepherded the law through the Legislature, said the Oregon Health Authority has final say over the dispensaries, not the cities and counties in which they’re based.

His advice to cities taking action to oppose dispensaries: “Take a deep breath and work on the rule-making process, and then see what you think about it.”

But the man who oversees the state’s pharmaceutical-drug programs — and the committee charged with making the dispensary laws — said cities can set their own rules.

“I would assume that a city is going to have existing law,” said Tom Burns of the Oregon Health Authority, “and that city will do what that city wants.”

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