Associated Press
MEDFORD, Ore. — Medford officials are considering whether the city’s ban on outdoor marijuana cultivation also applies to greenhouses.
The City Council on Thursday will hold a study session to discuss what constitutes a legitimate structure in the city and where marijuana can be grown, The Mail Tribune reported.
“I don’t know what the definition of a greenhouse would be,” Councilor Tim Jackle said. “I’d be interested to hear about it.”
Voters in November ruled that cannabis should only be grown indoors in the city, but a resident contacted Councilor Kevin Stine asking what inside really means.
“In my mind, it counts as indoors,” Stine said.
Councilor Michael Zarosinski said he hadn’t really considered the issue, but in general he would be inclined to believe a greenhouse is a legitimate structure if it had a steel frame and panes of glass. He said something made of plastic sheeting doesn’t seem like a structure.
“There would have to be some sort of permanency to the structure that qualifies it as indoor,” Zarosinski said.
Deputy City Attorney Kevin McConnel said the ordinance was not intended to go after grows in structures or accessory dwellings. He said the council will likely consider the questions “what is a greenhouse?” and “what makes a structure?”
Even if marijuana is being grown indoors or in a greenhouse, growers are at risk of violating the city’s odor ordinance. If a neighbor complains about the smell and police determine it is offensive, the grower would need to address the issue or risk a fine.
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