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Most of these issues are already regulated under City Code. For example, new commercial, office and manufacturing buildings have to comply with the zoning code and various design standards. Signs are regulated under the City's sign code.
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Marijuana is classified under the federal Controlled Substances Act as a Schedule I drug, which means it is unlawful under federal law to grow, distribute, possess or use marijuana for any purpose. Individuals who engage in such conduct could be subject to federal prosecution.
However, the courts thus far have upheld a state's authority to decriminalize marijuana for state law purposes. Oregon did so for medical marijuana in 1998 and for recreational marijuana in 2014. What that means is someone who grows, distributes, possesses or uses marijuana within the limits of those state acts is immune from state prosecution, but might still be subject to federal prosecution if federal authorities desired to do so.
See a great guide to what is currently legal in Oregon.
Two recent reports published by the Colorado Department of Public Safety and the Washington State Northwest High-Intensity Drug Trafficking Area are now available.
Key findings of the Colorado Report include:
See the Colorado state report (PDF) and the Washington State report (PDF).
See information about the OLCC's regulations regarding marijuana.
As of July 1, 2015, Oregonians are allowed to grow up to four plants on their property, possess up to eight ounces of usable marijuana in their homes and up to one ounce on their person. Recreational marijuana cannot be sold or smoked in public. For more information go to What's Legal in Oregon.
Marijuana retailers may not be located within 1,000 feet of a school. All licensed businesses must be located in an area that is appropriately zoned. Also, local jurisdictions have authority to adopt reasonable regulations regarding the location of marijuana businesses, including regulations requiring that the businesses be located no more than 1000 feet from one another.
As of July 1, 2015, Oregonians can home-grow up to four plants per residence, regardless of how many people live in the residence. Four adults in one residence does not mean 16 plants. The limit is four per residence.
The OLCC has published temporary rules for Recreational Marijuana licensees (PDF).
No. A city's home rule authority is subject to the criminal laws of the state of Oregon. The Oregon Medical Marijuana Act (OMMA) and Measure 91 provide immunity from criminal prosecution for individuals who are acting within the parameters of those laws. Consequently, a council cannot remove the immunity provided by state law.
The immunity provided by state law does not extend to all crimes committed while engaging in marijuana-related activities. For example, the immunity provided by state law does not apply to the crime of driving under the influence. Likewise a city should be able to impose criminal penalties against a person engaging in a marijuana-related activity that violates another law, such as a business license ordinance, zoning or anti-smoking regulations. However, before doing so, the city should confirm that the state law immunities do not apply.
Under HB 3400, cities may impose up to a 3 percent tax on sales of marijuana items made by those with recreational retail licenses by referring an ordinance to the voters at a statewide general election, meaning an election in November of an even-numbered year. See more information about taxes.
Oregon City voters will make the decision whether or not to allow marijuana related businesses within the City limits. Should Oregon City voters in favor of these types of businesses, the City need to have time place and manner regulations in place so as to provide a legal process for permitting and regulating these types of business.
If you live outside the City limits, please check with Clackamas County regarding marijuana regulations or call County Planning staff at 503-742-4500.
Measure 91 recognizes that cities can adopt “reasonable time, place and manner regulations” of the “nuisance aspects” of facilities that sell marijuana to consumers. In enacting those regulations, the law requires cities to make specific findings that the regulated businesses would create adverse effects. The measure notes that authority is in addition to, and not in place of, other authority granted to cities under their charters, relevant statutes, and the Oregon Constitution.
Yes. Medical marijuana dispensaries, recreational marijuana retail stores, and medical and recreational marijuana processors that process marijuana extracts cannot locate in a residential zone.
In addition, medical marijuana dispensaries and recreational marijuana retail stores are subject to the following restrictions:
Finally, before issuing any recreational marijuana license, the OLCC must request a statement from the city that the requested license is for a location where the proposed use of the land is a permitted or conditional use. If the proposed use is prohibited in the zone, the OLCC may not issue a license. A city has 21 days to act on the OLCC's request, but when that 21 days starts to run varies:
HB 3400 expressly provides that cities may impose reasonable regulations on the following:
The law also provides that time, place and manner regulations imposed on recreational licensees must be consistent with city and county comprehensive plans, zoning ordinances, and public health and safety laws, which would be true of any ordinance imposed by a city.