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The City Council of the City of Medford recognizes that Oregon law permits authorized persons to engage in the use of marijuana for both medical and recreational purposes. However, the Council also recognizes that the outdoor production of marijuana in residential areas has adversely affected the public health, safety and welfare.

Specifically, the Council finds that the outdoor production of marijuana in residential areas has led to an increase in complaints of offensive odor and of criminal activity, such as robbery, burglary, theft, menacing, and the manufacturing, delivery and possession of a controlled substance. In addition, the marijuana produced at a dwelling is not required to be tested for pesticides, microbiological contaminants, or THC and CBD concentration at a state-licensed laboratory, while useable marijuana sold or transferred to a consumer by a state-licensed medical marijuana dispensary or marijuana retailer requires such testing.

The Council declares that the health, safety and welfare of its citizens are promoted by prohibiting the outdoor production of recreational and medical marijuana at both dwellings and vacant land within residential areas, and ensuring that the otherwise permissible production of marijuana does not adversely affect neighboring properties by subjecting them to an offensive odor of marijuana.

[Added Sec. 1, Ord. No. 2015-70, Jul. 16, 2015; Replaced Sec. 1, Ord. No. 2016-60, Dec. 1, 2016.]