Do Farmers Have a Legal Right to Grow Cannabis?
When Jackson County, Oregon, tried to ban medical cannabis cultivation on some rural land last April, farmers there adopted an unexpected defense: They threatened to sue for lost income. According to state law, local governments can’t stop rural landowners from engaging in agricultural activity without compensating them for the lost value of the banned enterprise.
These property rights laws are commonly invoked by developers, mining companies and other big businesses to get around burdensome regulations. But Portland attorney Ross Day, who is representing more than a dozen Jackson County farmers, says the law is tailor-made for cannabis.
A change in Oregon law that took effect last March formally defined cannabis as an agricultural crop. And that, says Day, means Jackson County can’t simply tell growers “no”. Instead, he says, the county “is either going to have to let them grow or is going to have to pay them not to grow.”
And given the potential...
This marijuana news is brought to you by 420 Intel. For the latest breaking cannabis industry news, subscribe to the 420 Intel newsletter. If you'd like to promote your product or service in this area after every article, contact us.
Follow us on Instagram
Connect with us on Linkedin