Articles Posted in Marijuana

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marijuana-673845_640Howard County may not be known for high volume drug trafficking, but a recent marijuana bust near Columbia captured state headlines last week for its shear size. Police are reporting that the 600 pot plants found in a four bedroom Glenelg home set the record for the county’s largest illegal marijuana grow operation, and two suspects were arrested and charged with multiple felonies. The male and female defendants were apparently renting the home, which was auctioned off last month. Upon visiting the recently acquired property, the new owner saw a suspicious van in the driveway and called police. Cops then allegedly smelled a strong odor of marijuana and observed other suspicious signs at the property, and they applied for a search warrant.   In addition to the plants, the search revealed a sophisticated growing operation with ventilation, hydroponics and lighting systems. Police also found 8 pounds of packaged marijuana, THC wax, $75,000 cash, heroin, prescription pills, cocaine and a firearm. The estimated street value of the seized plants was over $270,000.

The female defendant was found in the home at the time of the search, and was arrested that day. She was charged with two felonies including manufacturing CDS and possession with the intent to deliver. Each of these charges carries a five-year maximum jail sentence because the drug at issue was marijuana, and not a narcotic such as heroin. The female defendant is also charged with two counts of possession, most likely for the heroin, pills or cocaine that was found. These charges are misdemeanors that carry a four-year maximum sentence. Currently the female’s case is set for a preliminary hearing on June 3rd in the Ellicott City District Court, but the case will likely be indicted and sent straight to the Circuit Court for Howard County.

thirteen-bags-of-marijuana-found-in-taxi-cabPolice did not arrest the male defendant at the grow house, but found and arrested him shortly thereafter. He was charged with the same two felony counts plus an additional felony count for possession of a firearm in a drug trafficking crime. This charge carries a mandatory minimum prison sentence of five years and a maximum sentence of 20 years, and in this case was likely filed due to police finding a shotgun at the house that they traced back to male defendant. Section 5.621 of the Maryland criminal code applies to anyone who possesses a firearm during the commission of a drug felony. It serves as an enhancement, and is part of the state’s concerted effort to jail defendants that commit crimes with guns. Unfortunately police officers and even prosecutors often wrongfully incorporate this particular statute. The appellate courts have repeatedly said that the firearm at issue must have some sort of nexus or connection to the drug felony. In other words the government must prove that the gun served a purpose in furthering the crimes, which in this case were manufacturing and possession with intent. If the defendant was not dealing marijuana out of the rental house, and the gun was simply there with his other possessions then there would be no nexus to the drug crimes. On the other hand, if the defendant kept the gun as protection during his illicit transactions then there would be a nexus.

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marijuana-24001_960_720The twists and turns of marijuana legislation over the last couple years have made a tough go of understanding just where Maryland stands on pot policy. It’s safe to say that Annapolis has had a hard time passing marijuana laws that were successful the first time around. A few years ago patients and decriminalization advocates initially celebrated the passage of medical marijuana, but later experienced a huge let down when it was discovered the program had absolutely no chance of being implemented. Two years after that a medical program with actual teeth was established that unfortunately is still months away from implementation. Decriminalization of possession of less than 10 grams of pot was also celebrated, but some of the celebrations were muted after police began issuing criminal citations for possession of pot paraphernalia. The legislature failed to address the paraphernalia issue two years ago, and when they did last year the governor vetoed the law for not addressing smoking in public or while driving. This year the legislature overrode the governor’s veto and corrected the paraphernalia mistake, but the governor and numerous lawmakers still voiced displeasure that it is not a crime to smoke in public or in the car. As a result, Annapolis lawmakers are currently in the process of correcting another neglected component of marijuana policy.

This week the House passed legislation that would criminalize smoking marijuana in public and in a car on any state road. Public places have a broad definition under Maryland law, and include parks, restaurants, shopping centers, common areas of buildings such as stairwells, and even hotels. The ban also includes the common areas of apartment buildings that have more than four units, regardless of whether residents and guests are the only ones allowed on the grounds. House Bill 777, which will now moves to the Senate for approval, prohibits smoking marijuana in any of these public places. The bill originally prohibited any type of pot consumption, but this line was edited out and now all that is prohibited is smoking. One explanation for this edit may be the anticipation of edible medical marijuana that patients could discretely consume in public, but we will see if the Senate has other ideas about this specific line. A violation of this statute could trigger a criminal citation with a maximum punishment of a $500 fine, meaning that it does not carry the possibility of jail time. On the other hand, a violation could result in a permanent criminal conviction, and could trigger a probation violation or even a parole violation.

The bill also includes specific procedures for the expungement process of a criminal marijuana consumption statute. Unlike most criminal charges, a defendant who is convicted of this citation will still have to opportunity shield or even expunge a conviction for public consumption. Other offenses that fall under the new shielding statute include trespass, disorderly conduct, destruction of property, possession of a controlled substance and prostitution. Other offenses that can be expunged even after a conviction include drinking alcohol in a public place, loitering and riding a transit vehicle without paying a fare. A defendant must meet certain conditions including time limits before applying to expunge these convictions.

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car-991635_960_720The 2016 Maryland legislative session is officially heating up, and numerous new criminal law bills are being discussed in the House and the Senate each day. There are a handful of criminal law bills that are slowly advancing, while many others have already received unfavorable reports by the Judiciary and have been withdrawn. But one bill that seems destined for the governor’s desk is a proposal that smoking marijuana in a car officially be declared illegal. Regular readers will remember the ongoing saga where the governor vetoed a necessary marijuana paraphernalia decriminalization bill because is contained no provision allowing officers to stop a car after observing the occupants smoking pot. Giving officers this power may have been totally reasonable, but it had absolutely nothing to do curing the immense confusion in the state’s marijuana policy by decriminalizing paraphernalia. The governor was simply trying to flex is legislative muscle, though luckily the lawmakers in Annapolis overrode the veto. Pot paraphernalia is no longer a crime and now the natural legislative process has brought us a bill that would achieve what the governor stubbornly tried to do through veto power last summer. At the risk of being too harsh on our governor, we’ll give him the benefit of the doubt and suggest that the veto may merely have been a tool to motivate and remind the legislature to make toking in the car a no no.

House Bill 183, which is has moved to the Senate after unanimous approval in the House, will add a provision to the transportation article that already addresses drinking alcohol in a car. This law currently makes it illegal to consume any alcoholic beverage in a car or truck on a public highway regardless of whether the car is parked or moving. If the new bill becomes law it will modify the statute to include smoking or consuming marijuana in a parked or moving automobile on a public highway. Violation of this provision is not currently a criminal offense, but rather a traffic citation punishable by a $500 fine. The proposed bill keeps it that way, as its main utility is giving officers the legal authority to conduct a traffic stop based solely on observing marijuana use. This is exactly what the governor and some elected prosecutors publicly wanted last summer, but prosing new legislation and allowing the process to play out is the right way to achieve it. The Bill will most likely pass unmodified, although there could be some minor changes after the Senate is through with it. And when it hits the governor’s desk you can bet it will be one of the first he signs. Look for smoking pot in a car to be illegal and punishable by a $500 fine to be illegal starting in October of 2016.

We will continue to follow this bill and other criminal law bills at they progress through the legislature. One bill that is of particular interest is House Bill 307, which lowers the maximum penalty for possession of drugs such as cocaine, heroin, and narcotic painkillers from 4 years to 1 year. This is a proposal that is a long time coming considering the changes in marijuana possession policy. A 4-year maximum sentence for simple possession is unnecessarily high, as 1 year in jail is more than enough to deter and punish drug possession.

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drug-1070943__340While decriminalizing small amounts of marijuana in Maryland was a major victory for drug reform, some state lawmakers are far from satisfied. The last year has been productive, with medical marijuana perhaps less than a year away from going live, and marijuana paraphernalia being decriminalized. But arcane drug laws have done little to reduce the availability and abuse of controlled substances, and incarcerations for non-violent drug offenses continues to cost state and local governments millions of taxpayer dollars. In an effort to take drug reform to new heights one state delegate has introduced a package of bills, which focuses on prevention and treatment instead of punishment. This common sense approach acknowledges that eradication of controlled substance use is not a realistic goal, and as a result advocates expending government resources on mitigating the effects of inevitable drug use. As of now there are three bills that will hit the House floor this legislative season, with the perhaps the most controversial scheduled for a hearing in early March.

House Bill 1119 represents an unequivocal effort to decriminalize the simple possession of virtually all common street drugs. Simple possession, which is referred to as de minimis possession in the bill, is the same benchmark that was used to decriminalize marijuana. The legislature chose the arbitrary amount of ten grams as their benchmark for de minimis pot possession. This amount was likely a compromise between lawmakers searching for a line that could separate personal use with intent to distribute, but other than the fact that ten is a nice round number it makes absolutely no sense. Many marijuana users prefer to buy larger amounts at a time to minimize the number of purchases they need to make. It would hardly be out of the ordinary for a moderate user to buy an ounce (28 grams) or more at a time, and this amount would in no way indicate a desire to distribute for profit. Further, marijuana is rarely sold by ten-gram increments, especially not in America. Still though, setting the bar at ten grams is better than the alternative of initiating criminal charges for anyone possessing as little as one tiny bud.

The proposed house bill expands upon de minimis exception for marijuana to include benchmarks of two grams of cocaine, one gram of heroin, ten tablets of meth, .0015 grams of LSD or acid, and 1 gram of methadone / amphetamine. Possession of less than these amounts of each drug would not be a crime under Maryland law if the bill were to pass. These amounts are more realistic as indicative of personal use than the ten-gram cutoff for pot because they have not been watered down by endless debate and so called compromise. The bill would eliminate a large burden on the criminal justice system of prosecuting drug users who need help rather than jail time, but sadly it has little chance of becoming law in the next couple of years. Maryland has not shown a willingness to be ultra progressive with respect to drug policy and it is highly unlikely that Annapolis lawmakers would be the first to decriminalize cocaine and heroin possession. On the other hand, this bill could generate enough attention to start the discussion, which at this point is the best we can hope for this year.

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jointLast spring we wrote about the illogical decision of our governor to veto a bill that cured a glaring inconsistency from last year’s marijuana decriminalization law. The now famous decriminalization statute failed to address the possession of marijuana paraphernalia, which until today remained a criminal offense despite the fact that possession of the pot smoked with it became a civil infraction. Senate Bill 517 attempted to fix that inconsistency by specifically stating that the drug paraphernalia criminal laws do not apply to marijuana drug paraphernalia. This bill also raised the fines for smoking pot in public and while driving to $1,000, up from $500. But the governor, clearly unhappy that the legislature failed to make smoking in public and while driving a criminal offense, vetoed the bill and thus the paraphernalia inconsistency remained. Those in support of the veto, such as the Baltimore County State’s Attorney, urged the legislature not to override it by invoking the classic “it puts your children at risk” argument. The county prosecutor hypothesized about a Maryland where smoking pot on playgrounds and while driving on the beltway could become commonplace. But the legislature saw through these agenda driven arguments, and did the right thing by overriding the veto.

As a result of today’s Annapolis override small amounts of marijuana plus the plastic bags, glass pipes, or rolling papers used with it are officially decriminalized. Police will still be able to charge public pot smokers with a hefty $1,000 fine, and they will also be able to conduct a traffic stop for the purpose of writing one of these tickets to the ever so scarce non-impaired pot-smoking driver. For now the mudslinging between the governor and some pro cannabis lawmakers will cool down, but this should in no way be considered a truce. The governor and the few socially conservative politicians left in the state will still likely attempt to push laws criminalizing public pot smoking. But these efforts will be met with an increased amount of opposition, as polling shows that the majority of Maryland residents now prefer additional relaxing of state marijuana laws not making them stricter again. Local politicians will be reluctant to focus much attention on making pot laws stricter; especially considering the developing political story on the Eastern Shore where a congressman may have jeopardized his political career by crusading against legalized marijuana in Washington D.C.  This being a story that may warrant a post in the near future.

The Blog will continue to follow new criminal law and marijuana proposals coming out of Annapolis as the legislative session begins to ramp up. In the early stages of the session the topics generating the most attention are the veto overrides, but we do not expect any to be as newsworthy as the paraphernalia veto. Yesterday the house voted to override a veto on a law that gave convicted felons their voting rights back after being released from prison, and a vote to override the governor’s veto of a long overdue criminal forfeiture reform bill will take place sometime in the near future. Readers should expect an article on this issue within the next few weeks.

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addict-1055951__340Frustration is mounting for those awaiting a final verdict on the fate of their medical marijuana grower and distributor licenses. The original timeframe called for the commission to hand out the licenses this coming January, but as we posted a month ago this was optimistic due to the unexpectedly high number of applications. While it was hoped the delay would only last a couple months, officials are now claiming that decisions will not become final until the summer. The minimum six-month delay has all but eliminated the chance of medical marijuana being available to Maryland patients in 2016, and now commission has declined to give an estimated timeframe for pretty much anything regarding the program. This lack of information seems unfair given the strict deadlines and financial burdens all the applicants are facing. One thing we do know is that the typical growing cycle for indoor cannabis is 4-10 months, which means it will take an average of 7 months from the time the first seeds are planted until the product will be ready for distribution.

While adding half a year for production to the commission’s expected summer application timeline means we’re at least a full year away from medical marijuana, there still may be more unforeseen obstacles. A couple months back the Anne Arundel County government was in the news after the executive threatened to ban local medical marijuana operations. This dispute was later settled by the county council, but now Calvert County has joined as another locality that may spar with the state over marijuana policy; its board recently voted in favor of requesting state lawmakers allow certain localities to ban medical cannabis. Calvert County officials cite concerns that their government employees are at risk federal of prosecution as long as marijuana is an illegal controlled substance under federal law. This is the same tired argument that anti-marijuana activists have been relying on for years, and is completely disingenuous. While it is technically possible that this scenario could take place, it’s not going to happen and anyone who believes it could happen is simply using it as a ploy. There is simply no chance the DEA would is start arresting local government employees for working on some aspect of state sponsored medical marijuana. The current administration has already vowed to stay away from state sponsored marijuana, and even the most socially conservative presidential candidate wouldn’t get involved.

The anti medical marijuana localities will eventually lose out to the state legislature, but their pushback could cause further delays for the program. If any of these quarrels end up in court there could be months of litigation while ailing patients continue to suffer and bona fide investors continue to hemorrhage money. Architects of the medical cannabis program want the state to remain unified on this issue, with grow operations and dispensaries spread evenly across Maryland. Let’s hope this can be accomplished by the start of 2017. The Blog will continue to follow this issue as always, and we’ll post a follow up article in the near future to keep our readers updated.

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potgrowMaryland officials aiming to preliminarily approve medical marijuana grower and distributor licenses by mid January appear to have been way off in their time estimates. The state received almost 900 applications before the November 6th deadline, which apparently far exceeded their expectations. These low expectations were in spite of constant media buzz around the budding program, and jam-packed commission meetings that often had to be moved to larger venues. To be fair, it wasn’t only the members of the Medical Cannabis Commission who were surprised by the torrent of applications; many of the applicants themselves as well as industry insiders expected a lower turnout in part due to the cost and the complexity of the applications. State officials agreed on a $2,000 price tag to simply file grower applications, which were a minimum of 50 pages in length and extremely tedious. But the lure of massive profits seemed to good to pass up for the 102 interested growers and the 780 prospective distributors that paid around $1 million in licensing fees. As it now stands there is no estimate on when the licenses will be awarded, and therefore the day when we will actually see functioning medical marijuana in Maryland has yet again been pushed back.

This newest delay will certainly affect patients who have continually been let down by the snail’s pace of the program. Thousands of Marylanders are currently suffering from debilitating diseases that marijuana could unquestionably mitigate or treat. These patients are either forced to live in pain, taking highly addictive narcotics, or risking criminal punishment for buying or growing their own marijuana. None of these options is acceptable in light of the available information we have about the benefits of pot. In addition to the suffering patients, the medical cannabis investors also stand to feel the negative affects of further delays. Most of the investors have already secured real estate for their prospective operations and are either paying rent or taxes on their non-revenue generating property. The applications were very clear in their preference for growers who were ready to begin production at the drop of a hat. This not only meant selecting space, but developing precise plans for security, inventory, climate control, delivery, and disposal. Granted, all of the investors have assumed some sort of risk for the simple fact that their opportunity to profit was far from guaranteed. But those who are not selected would surely like to cut their losses and invest elsewhere rather than wait months for an answer from the commission.

The Blog will continue to follow any new developments with respect to the medical marijuana program and in general with all things regarding controlled substances and the law. As regular readers are well aware the progress of Maryland marijuana laws has always been a subject of particular interest. We have already witnessed reduced criminal punishments transition to decriminalization, and we will be there when the first medical dispensaries hopefully transition to retail stores.

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marijuana-673845_640In September we published an article about the Anne Arundel County executive’s inexplicable crusade to ban medical marijuana form his jurisdiction. At the time the top local politician in Annapolis seemed dead set on undermining the state medical marijuana law by zoning it out of existence. In Maryland local politicians do very little legislation; their power is mainly derived from a near monopoly when it comes to zoning regulations. This includes both residential and commercial zoning decisions, and often times these regulations can have multi million dollar consequences for builders, developers, and investors. The executive’s proposal to prohibit countywide zoning for medical marijuana grow facilities and dispensaries may never have gained enough support to pass, but it no doubt unnerved investors and angered thousands of citizens and dozens of state lawmakers in the process. It was only recently put to bed for good, when the executive recently announced he will instead promote legislation that will make zoning laws for medical pot as strict as possible.

In a statement after a recent counsel meeting the executive boasted that Anne Arundel County would have some of the strictest zoning laws in the state. Among the regulations include provisions that no dispensaries or grow houses shall operate within 1,000 feet of schools and homes, and all will be prohibited from window displays of marijuana. These regulations are similar to those in Baltimore County, which also drew ire from state lawmakers who feel regulations under the medical marijuana program should be uniform throughout the state. The commission is set to start accepting grower and distributor licenses on November 6th, with the highly anticipated decisions over who gets the sought after licenses coming during the winter. Some investment groups have raised over ten millions dollars to assure their bids will be the most qualified, and losses from not receiving a license could approach seven figures. After the licenses are awarded the investors could still hypothetically face zoning hurdles with their respective local governments. Many of the investment groups have already selected sites for grow facilities and dispensaries, but it would behoove all  to be flexible.

The next few months are setting up for a true roller coaster ride for investors and others looking to cash in on medical marijuana. One can only hope that the process will play out smoothly, but with so much money at stake feathers are bound to be ruffled along the way.   This wouldn’t be the case if the commission had been a little more flexible with the number of licenses available. There is really no reason to limit the grower and distributor licenses, as it would make much more sense to award licenses to all qualified applicants. More applications would generate larger fees, thus allowing the program to have the funding to regulate all the participants. Plus the market would truly be free, and only the most efficient operations would survive. A competitive market would ultimately lead to patients having access to cheaper and higher quality medication. But we should never expect the most efficient outcome when it comes to government programs, and judging by how long it has taken Maryland to get its act together on medical marijuana, we should just be glad it’s actually happening.

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medpotAs close as we are to fully functioning statewide medical marijuana, it still seems at times as if the day may never come. The Governor approved the General Assembly’s medical marijuana proposal almost six months ago, and applications for grower and distributor licenses are on the brink of being processed. But now local politicians are attempting to disrupt the progress of state lawmakers and appointed department of health commission members, while at the same time ignoring the will of a large majority of Maryland citizens. This local power wielding started a couple months ago when a Baltimore County politician proposed increased zoning restrictions on dispensaries and grow houses. The Baltimore County Council passed these regulations earlier this month, but their utility was challenged by the County Executive and state lawmakers from the area. Both described the increased local regulations as unnecessary because of the comprehensive nature of the state regulations, which already address the location of grow houses and dispensaries. While the increased zoning regulations in Baltimore County might be entirely an act of grandstanding for local politicians, at least they will not severely hinder the progress of the state medical marijuana program. The same cannot be said for an Anne Arundel County politician’s proposal.

The Anne Arundel County Executive is set to introduce legislation tonight at a council meeting that would prohibit the sale and production of marijuana anywhere within county lines. This legislation would be a slap in the face to state lawmakers, the governor, and the majority of the people of the state of Maryland who all want a statewide functioning medical marijuana program. The executive’s reasons for moving to ban medical marijuana from Anne Arundel are the same old rhetorical outdated nonsense. He rants about marijuana being a gateway drug, and potentially causing economic stagnation and increased criminal activity. These arguments are tired and ill informed, and none have any relevance to the issue of marijuana for medical use. The executive wants to deny patients the ability to obtain something that has been proven without a doubt to make them feel better because he, and others of his generation and background have a personal vendetta against marijuana and its culture. Thankfully the legislation is likely to fail in the county council, but we will update the Blog when an actual vote occurs.

The Anne Arundel politician also sites the fact that medical marijuana will simply lead to legalized recreational marijuana, and he will not stand for that in “his” county. Again he offers not one logical and factually supported argument of why recreational marijuana would contribute to increased crime or economic stagnation. If the executive is worried about increased criminal activity from legalized drug use it really doesn’t show, as his very own Annapolis is lined with more bars per square mile than almost every other city in Maryland. Alcohol is celebrated and imbedded in the culture of our waterfront capital city (and every other city and town in the country), and yet empirical data shows is causes more death, illness, and violence than all other drugs combined. It’s legal because people enjoy it and it generates billions of dollars in commerce. Why does everything have to be good for you in order to be legal, and since when does the government know what is good for you anyway? One day marijuana will be legal as well for the same reasons, because people enjoy it and want to do it. Yet unlike alcohol it will not bring with it thousands of documented deaths per year, and it will not be a contributing factor to an even greater number of incidents of violence.

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medpotEach step toward a viable medical marijuana program brings with it numerous unforeseen obstacles, and it’s been that way in Maryland since 2013. Two years ago lawmakers in Annapolis passed the state’s first medical marijuana program only to see zero institutions take them up on the offer. The legislature thought it was being progressive back in 2013, but the strict program regulations proved otherwise. The following year the General Assembly went back to square one with their sights now set on developing a program that was actually feasible. The regulations were again modified this past year, but once again it was way too early to celebrate. Lawmakers reached an agreement on the number of grower and distributors licenses, but there was still much to be determined about how the application and selection process would evolve. As it stands now the regulations are still not finalized, and probably wont be until next month. No applications are currently being accepted, and all told we’re now looking at late 2016 for the state’s first functioning marijuana dispensaries to open shop. Even this timeframe may still be slightly optimistic, as local politicians may now attempt to restrict the location of the 94 licensed dispensaries.

Generally speaking, our state laws are drafted and voted upon by either senators or representatives, and then approved by the General Assembly and the Governor. Local governments also are free to enact their own laws, provided they don’t interfere with state or federal laws, but local ordinances are less visible as a means to govern the public in Maryland. In the criminal law field local ordinances are few and far between as the state criminal code is thorough. The few local ordinances with criminal consequences we see are typically open container laws (such as in Ocean City), litter laws, and noise violations. In most jurisdictions the most important duty of local politicians is to enact zoning regulations. This is not to say their job isn’t important, as zoning decisions often have millions of dollars at stake.

Local politicians have the ability to become involved in the medical marijuana process if they decide to exercise their zoning authority to restrict the location of growers and dispensaries. In theory a county council member could enact zoning regulations that would completely ban medical marijuana, thus effectively making the state program non-existent in a particular area. This is exactly what may be happening in Baltimore County, as a member of the county council has indicated a desire to introduce restrictive zoning requirements for medical marijuana dispensaries. These restrictions include being 1,000 feet from schools, day care centers, parks, places of worship, and libraries. The proposal would also keep dispensaries in the county at least 2,500 feet away from each other. State politicians, such as senator Zirkin, have taken exception to this type of local proposal, stating it would in essence thwart the state legislature’s attempt to make medical marijuana available to patients in need. Zirkin explained that dispensary zoning regulations should be no more restrictive than those placed on pharmacies, which dispense far more addictive and powerful drugs than pot. The Baltimore County Executive agrees, stating that there is no need for new medical marijuana local zoning laws.

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