The approval of Ballot Measure 91 in 2015 to allow the sale and use of recreational marijuana is making some dramatic changes to the landscape of Southern Oregon. You hear about it almost daily in the newspapers or on the news, you see new businesses sprouting up, and you see the price of real estate being affected.

The County’s limited farmland, especially properties with irrigation rights, has increased considerably in value and there is a limited inventory of those properties currently on the market. This increased demand for farm properties has come in large part from the State allowance of medical and recreational grow sites in Exclusive Farm Use (EFU) zones. In a recent move, the State adopted regulations to prohibit marijuana production in rural residential zone districts. This is a relief to many rural residential property owners, who had complained about growers not being good neighbors and a decrease in property values for those properties adjacent to marijuana growers.

With the new law allowing in-home cultivation of up to four plants, buyers may be concerned about an increase of indoor grow houses and how this changes the inspection process. Indoor growing may sound nonthreatening, but purchasing a home that was used to grow pot can be a nightmare for a homebuyer. Granted, four plants don’t exactly constitute a grow operation. However, buyers should be prudent when homes show signs of larger grow operations as grow houses can have mold due to the use of the irrigation and moisture needed for the plants. Larger-scale growers also cut holes in ceilings to allow ventilation and run water lines. Growers sometimes also change the ductwork and rewire the house to accommodate the high voltage grow lights.

House Bill 3400, signed into law after Measure 91, authorizes cities and counties the ability to impose “reasonable” time, place and manner regulations on recreational and medical marijuana uses. It also grants cities and counties the opportunity to prohibit recreational marijuana producers, processors, wholesalers, and/or retailers in their jurisdiction. As an example, the City of Jacksonville is one city that has adopted the ban, referring the matter to the voters on the November 8th ballot.

Jackson County has chosen instead to impose time, place and manner regulations for all marijuana uses which include: recreational and medical production (growing), processing, wholesaling (for recreational marijuana only) and retailing or dispensing. The Board of Commissioners is set to adopt text amendments that will identify regulations for all marijuana uses (the meeting is scheduled for March 18th, prior to when this article was written). If adopted on March 18th, the following will be allowed:

1) marijuana production in EFU, Forest, and Industrial zoning districts;

2) marijuana processing in the EFU and Industrial zoning districts;

3) Recreational marijuana wholesaling in the General Commercial and Industrial zoning districts; and

4) Marijuana Retailing/Medical Marijuana Facilities in the General Commercial zoning district.

Adoption of these regulations will provide clarity and certainty for citizens of Jackson County, not just those desiring limitations of marijuana but also those seeking to move forward with marijuana-related businesses.

Sandy J. Brown, lives in Jacksonville and is a real estate broker with Western Properties of Southern Oregon, LLC. She can be reached at sandyjbrown@gmail.com or 831-588-8204.