“The conflict between the state and federal law is a problem for municipalities, the city of Cave Junction and other counties,” said attorney Ryan Kirchoff, who is representing Cave Junction.
To clear up the conflict, a case has been filed at the Josephine County Circuit Court.
“Courts can decide which law is controlling here. And whether or not there’s a conflict, whether or not the state law is preempted, that will give the city clarity and direction on what to do and how to go about dealing with this,” said Kirchoff.
Monday night, a public meeting about medical marijuana dispensaries was held in Cave Junction, and Mark Seligman, a dispensary supporter and county commissioner candidate, says there is strong support to allow them.
“People need safe access to marijuana. Not only that, but this is the beginning to a $4 billion industry that could help Josephine County,” Seligman said.
Seligman said he doesn’t agree with how Cave Junction is going about resolving the issue and believes the city’s attorneys have influenced city council. Seligman doesn’t think the case should be heard at a Josephine County Circuit Court.
“A federal court could rule on it. It’s not going to federal court. They’re going to be right back where they started,” said Seligman.
Attorneys say it would not make a difference where the case was heard, and the outcome on the issue is where the focus should be.
“The result should be the same in any court–state or federal,” said Kirchoff.
Cave Junction attorneys say the court could have a decision in the next one to two months.