City sues over legality of Ore. pot dispensaries

Bag of marijuana, pot generic
A man pulls out a bag of marijuana. (AP Photo/Elaine Thompson)

GRANTS PASS, Ore. (AP) — A city in the heart of Southern Oregon marijuana-growing country is asking a judge to decide whether the new state law authorizing the sale of medical marijuana through dispensaries complies with the state and U.S. constitutions.

A lawsuit was filed Wednesday in Josephine County Circuit Court by the city of Cave Junction. It names as defendants the state of Oregon, the governor, and the Oregon Health Authority.

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Cave Junction city attorney Ryan Kirchoff says the city wants to resolve the conflict between federal law, which prohibits the sale of marijuana, and the state law authorizing the sale of medical marijuana. He notes that like many other cities, Cave Junction prohibits issuing a business license to anyone violating federal law.

The defendants had no immediate comment.

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