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Marijuana growers in Josephine County prevail in court

The county commission in December tried to ban commercial pot farming on smaller rural residential lots and to drastically reduce larger grow sites.

Posted: Jun. 14, 2018 3:30 PM

SALEM, Ore. (AP) -- The Oregon Court of Appeals has rejected an appeal by administrators of a prime marijuana-growing county who had been foiled in their attempt to restrict commercial pot production.

The court dismissed the Josephine County Commissioners' appeal Wednesday.

The county commission in December tried to ban commercial pot farming on smaller rural residential lots and to drastically reduce larger grow sites. The state Land Use Board of Appeals put those restrictions on hold, saying the county failed to properly notify land owners. It was that ruling that led the county commissioners to the state appeals court.

Ross Day, attorney for the farmers, said the county's appeal was frivolous. Wally Hicks, attorney for the county, said the ruling is a setback for the county's effort to protect property owners.

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