2015 ORS 475B.370¹
Marijuana as crop
  • exceptions to permitted uses

Caution-flag-2-25x25
This section is amended
Effective March 3, 2016
Relating to cannabis; creating new provisions; amending ORS 475B.050, 475B.160, 475B.215, 475B.235, 475B.245, 475B.340, 475B.370, 475B.375, 475B.443, 475B.490 and 475B.500 and section 79, chapter 24, Oregon Laws 2016 (Enrolled House Bill 4014); repealing sections 16, 17, 18, 26, 27, 28, 28a, 29 and 67, chapter 24, Oregon Laws 2016 (Enrolled House Bill 4014), and sections 16, 17, 18, 19 and 20, chapter 83, Oregon Laws 2016 (Enrolled Senate Bill 1511); and declaring an emergency.

(1) Notwithstanding any other provision of law, marijuana is:

(a) A crop for the purposes of "farm use" as defined in ORS 215.203 (Zoning ordinances establishing exclusive farm use zones);

(b) A crop for purposes of a "farm" and "farming practice," both as defined in ORS 30.930 (Definitions for ORS 30.930 to 30.947);

(c) A product of farm use as described in ORS 308A.062 (Qualification of exclusive farm use zone farmland); and

(d) The product of an agricultural activity for purposes of ORS 568.909 (Boundaries for land subject to water quality plans).

(2) Notwithstanding ORS chapters 195, 196, 197 and 215, the following are not permitted uses on land designated for exclusive farm use:

(a) A new dwelling used in conjunction with a marijuana crop;

(b) A farm stand, as described in ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) (1)(r) or 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) (1)(o), used in conjunction with a marijuana crop; and

(c) A commercial activity, as described in ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) (2)(c) or 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) (2)(a), carried on in conjunction with a marijuana crop.

(3) A county may allow the production of marijuana as a farm use on land zoned for farm or forest use in the same manner as the production of marijuana is allowed in exclusive farm use zones under this section and ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993), 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) and 475B.063 (Duty to request land use compatibility statement). [2015 c.614 §34(1) to (3)]


1 Legislative Counsel Committee, CHAPTER 475B—Cannabis Regulation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors475B.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.