Deschutes County appeals state ruling in favor of 2 marijuana production facilities
County voters to decide in November whether to continue 'opt out'
BEND, Ore. (KTVZ) -- Bend attorney Michael Hughes has scored a small victory in a long, complicated battle, but the fight is far from over.
The Oregon Land use Board of Appeals, known by many as LUBA, ruled recently in favor of his client, who wants to begin marijuana production at a small facility next to the Sundance Meadow Ranch off Arnold Market Road, southeast of bend.
"Originally, the (county) staff did approve (my client’s) application,” Hughes said Friday. “And then the county commissioners, by a 2-to-1 vote, denied the application."
County leaders denied the application because they said they considered Sundance meadow a "youth activity center."
"That 'youth activity center' term was in the original version of our marijuana regulations and has remained in the code since then," county Assistant Legal Counsel Adam Smith said.
Hughes said the ranch added the term to their website during the dispute.
However, the land-use board's recent ruling said the youth center term was an “indefinite standard” and ordered the county to approve the application of Hughes' client and another by Waveseer of Oregon.
"There's really no definition under the ordinance about what a youth activity center is," Hughes said.
The county appealed the decision to the Oregon Court of Appeals late Friday.
This could be one of the last marijuana production facilities to open in Deschutes County.
"About a year ago, the county commissioners opted out,” Smith said. “Meaning no new marijuana production facilities, no new applications for marijuana production facilities would be accepted by the county."
Voters will decide in November whether the opt-out continues.
"I think they'll have additional problems if the measure passes," Hughes said.
Smith said he believes it will pass, but Hughes said he believes voters realize the value of the cannabis industry and that things are going well with marijuana production.
"It's amazing that we're even in this position," Hughes said.
