The appeals court’s dismissal without comment Wednesday of the Josephine County commissioners’ case marks the latest step in the struggle between the county’s political leaders to tamp down the proliferating marijuana business, and growers trying to protect their businesses and investments.
In December, the county commission passed an ordinance banning commercial pot farming on smaller rural residential lots and reducing larger grow sites.
Ross Day, attorney for the marijuana farmers, said the county’s appeal to the court was frivolous.
“Hopefully the county gets the message that it acted illegally when it adopted the ordinance,” Day said after the Oregon Court of Appeals made its ruling.