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May 25, 2017 I Volume 11 I Issue 10 Zoning Bulletin <br />Validity of. Regulations/Use— <br />County ordinance limits <br />marijuana cultivation to specific <br />zoning districts <br />County resident challenges ordinance as invalid, <br />arguing it violates county's comprehensive plan and <br />is not a "reasonable regulation" on marijuana as <br />required by state law <br />Citation: Diesel v. Jackson County, 284 Or App. 301, 2017 WL 920353 <br />(2017) <br />OREGON (03/08/17)—This case addressed the issue of whether a <br />county zoning ordinance, which established the types of land on which <br />medical and commercial marijuana cultivation would be permitted, and <br />prohibited it on land zoned rural -residential, conflicted with the county's <br />comprehensive plan, which encourage a variety of types of agriculture on <br />land zoned rural -residential. The case also addressed whether a county <br />board of commissioners, in adopting that zoning ordinance, was required <br />to show that it was a "reasonable regulation" of marijuana production by <br />demonstrating a "substantial government interest." <br />The Background/Facts: In 1998, Oregon voters approved the Oregon <br />Medical Marijuana Act ("OMMA"), legalizing the production and sale of <br />marijuana for medical purposes, under state law. In 2014, Oregon voters <br />approved Ballot Measure 91, legalizing the production and sale of <br />marijuana for recreational use under state law. Oregon statutes govern <br />medical and recreational marijuana. Among those statutes, ORS <br />475B.370 establishes that marijuana is a "crop." ORS 215.203 authorizes <br />local governments to adopt "exclusive farm use" zones. ORS 475B.340 <br />authorizes local governments to "adopt ordinances that impose reason- <br />able regulations" on businesses licensed to produce or process marijuana <br />or sell marijuana wholesale or retail under Oregon's recreational <br />marijuana scheme. <br />Following enactment of those statutes, Jackson County (the "County") <br />adopted an ordinance (the "Ordinance") that amended the County's Land <br />Development Ordinance ("LDO"). The LDO regulated land use within <br />the county. The Ordinance amended the LDO to include various regula- <br />tions on marijuana -related land use. Among other things, the Ordinance <br />established the types of land on which medical and recreational marijuana <br />production would be allowed and on which types it would be prohibited. <br />Stating that, as a result of recent state legislative enactments, "recreational <br />6 © 2017 Thomson Reuters <br />