Brown v. City of Grants Pass

*9Plaintiff sought a declaration that an ordinance enacted by the City of Grants Pass, requiring that marijuana plants grown at home for personal use be grown indoors, is preempted by ORS 633.738, which prohibits a local government from enacting or enforcing local limits on the production or use of plant seeds. Plaintiff appeals from a judgment of the trial court holding that the city's *900ordinance is not preempted by the statute, because the growing of marijuana plants at home is not subject to ORS 633.738. We agree with the trial court and affirm.

We begin with a brief description of the…