Medical marijuana center gets Oregon City business license, then decides not to open

An Oregon City community center for medical marijuana patients won’t open as planned.

In September, city officials denied a business license to Oregon Sky Foundation, the nonprofit behind the pot project. City Manager David Frasher concluded that the center would violate federal law, which classifies marijuana as an illegal substance.

Oregon Sky successfully appealed and the city promptly proposed changing city code to ban businesses involved in distributing medical marijuana.

Oregon Sky received its license last week. Under the revised ordinance, the city could yank the license early next year.

So the nonprofit called it quits and is considering trying again — this time in Multnomah County, where dispensing medical marijuana is less controversial.

“We’re going to leave Oregon City,” said Sara Hershey, an Oregon Sky representative.

“We’re not interested in a legal battle with Oregon City,” Hershey said. “The intent was to help people in the medical marijauna community that need it.”

The nonprofit envisioned a community center for people with medical marijuana prescriptions. The center would assist patients in obtaining pot and testing plants to detect pesticides or chemicals and would provide information on nutrition and alternative medicine.

There is one other marijuana club in Clackamas County.

Here’s the short version of how Oregon Sky got a license in the first place.

Hearings officer Daniel Kearns said the city could deny the license if it determined the marijuana center was “dangerous to public health, safety, welfare or is likely to become … a menace or public nuisance.” But Kearns said city officials had not shown Oregon Sky was a real or potential nuisance.

So last week, city commissioners decided to close the loophole.

Commissioners voted Dec. 7 on a proposal that would have put the new rules into effect immediately. The change requires unanimous approval.
Commissioner Kathy Roth opposed the revision.

“I certainly do not want Oregon Sky or any other medical marijuana facility to move into Oregon City,” Roth said. “This is changing the rules in the middle of the game. I am not comfortable writing ordinances for one business. I know at times this is necessary, but I feel it walks a very fine edge of violating constitutional rights.”

Under the new rules, the city could yank Oregon Sky’s license early next year.

The commission now must hold a second hearing and pass the ordinance a second time. The hearing will be held in January.

The city’s actions are short-sighted, said Ben Watson, who founded Oregon Sky.

“The city wants to eliminate the black market (for marijuana); so do we,” Watson said. “It’s there whether you like it or not.”