2017 ORS 475B.074¹
Exemption from requirement to obtain land use compatibility statement

The requirement under ORS 475B.063 (Duty to request land use compatibility statement) to obtain a land use compatibility statement as a condition of receiving a license under ORS 475B.070 (Production license) does not apply to an applicant if:

(1) The applicant is applying for a license at an address where a marijuana grow site registered under ORS 475B.810 (Marijuana grow site registration system) is located;

(2) The address is outside of city limits;

(3) At least one person responsible for a marijuana grow site located at the address first registered with the Oregon Health Authority under ORS 475B.810 (Marijuana grow site registration system) before January 1, 2015;

(4) Each person responsible for a marijuana grow site located at the address first registered with the Oregon Health Authority under ORS 475B.810 (Marijuana grow site registration system) before February 1, 2016; and

(5) The applicant is applying for a mature marijuana plant grow canopy of:

(a) 5,000 square feet or less, if the marijuana is produced outdoors; or

(b) 1,250 square feet or less, if the marijuana is produced indoors. [2016 c.23 §2]

(formerly 475.300 to 475.346)

Notes of Decisions

Registry identifica­tion cardholder may not confer immunity on per­son other than designated primary caregiver to possess medical marijuana on behalf of cardholder. State v. Fries, 212 Or App 220, 158 P3d 10 (2007), aff’d 344 Or 541, 185 P3d 453 (2008)

Law Review Cita­tions

52 WLR 1 (2015)

1 Legislative Counsel Committee, CHAPTER 475B—Cannabis Regulation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors475B.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 475B, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano475B.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.