Recently, Deschutes County Sheriff Shane Nelson was quoted voicing his opposition to the legal marijuana industry in his jurisdiction.

“I am worried,” he said, regarding marijuana production and pending county land use applications to grow marijuana legally. “I see an opportunity to stop this here, and I would encourage those applications to be denied.”

On KTVZ he expounded: “I don’t want (marijuana) in Deschutes County.”

Apparently, Nelson is incensed by the idea that the state and the county have opted in on an industry that is still illegal under federal law. In an “impassioned” speech (The Bulletin’s words) before the county commission, Nelson cited a fear of declining property values and livability concerns for the rural areas of the county.

The sheriff’s comments are unfortunate and concerning for two reasons.

First, he’s wrong. If the sheriff had access to Google he’d quickly determine that property values in areas where marijuana cultivation is legal have risen. In a University of Wisconsin study, property values in the immediate vicinity of Denver dispensaries saw an 8 percent spike in value following implementation of adult-use marijuana laws in Colorado in 2014. The farther one wandered from dispensaries, the lower the property values.

Anecdotally, some anti-marijuana folks cite the high cost of property as one of the unfortunate byproducts of legalization. You read that right: Cannabis opponents are complaining that marijuana farms are raising property values.

As for “livability,” the most commonly cited complaint is odor, which is not likely to be an issue in Deschutes County where indoor growing is the only form of growing allowed, and a professionally designed odor-control system is a prerequisite to licensing.

Moreover, smell is in the nose of the beholder. Is the scent of a less-than-one-acre marijuana grow really more “unpleasant” than the aroma of animal feces on feedlot? What about the people who don’t enjoy the dog-food aroma wafting from Deschutes Brewery? Or what about noxious smoke pouring from the tailpipes of countless diesel pickup trucks? Is this truly about smell, or some long-held disdain for marijuana culture? (Cheech and Chong, Bob Marley, et al.)

The second reason Nelson’s comments are concerning is because he is a local law enforcement official, not a federal law enforcement official.

Would a sheriff openly criticize the existence of brewpubs, hardware stores or clothing outlets in his jurisdiction? From the standpoint of the law in Deschutes County (the entirety of the sheriff’s purview), there is no legal difference. Marijuana cultivation is legal here, and the Deschutes County Sheriff’s Office has no power to change that. Members present at the commissioners’ meeting expressed interest in hiring a full-time county detective, charged exclusively with policing marijuana crimes. Huh? This, at a time when the state of Oregon (along with several other states) has come to the conclusion that the decades-long strategy of prohibition and over-policing of marijuana has failed miserably, disproportionately locking up racial minorities, while also preventing research into the plant’s potential for medical applications? Why would we double down on that failed strategy?

Oregon licensees would be happy to see increased code enforcement and steps taken to ensure that black-market activities do not undercut the legitimate market. (Every licensee knows that saturation of the market has some black-market roots, and none are happy about it.)

Nelson’s comments at the meeting, however, were not narrowly tailored to the black market.

He appears focused on demonizing legitimate business in Central Oregon, and his comments, made in his official capacity as sheriff, serve to intimidate legal, licensed farmers. These are the people he should be protecting.

Yes, marijuana is still a Schedule I drug under the Controlled Substances Act (for now). However, even U.S. Attorney Billy Williams has agreed to take a cooperative approach with the state agencies that regulate Oregon’s marijuana industry. Therefore, the Sheriff’s Office has no business taking federal law into its own hands.

— Jeremy Dickman lives in Bend.