2017 ORS 475B.461¹
Prohibition against operation of premises for which license issued
  • petition
  • election

(1) The governing body of a city or a county, when a petition is filed as provided in this section, shall order an election on the question as to whether the operation of premises for which a license has been issued under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545) should be prohibited in the city or county.

(2) Except as otherwise provided in this section, the requirements for preparing, circulating and filing a petition under this section:

(a) In the case of a city, must be as provided for an initiative petition under ORS 250.265 (Prospective petition) to 250.346 (Retention of petition materials).

(b) In the case of a county, must be as provided for an initiative petition under ORS 250.165 (Prospective petition) to 250.235 (Retention of petition materials).

(3) A petition under this section:

(a) Must be filed not less than 60 days before the day of the election; and

(b) Must be signed by not less than 10 percent of the electors registered in the city or county.

(4) If ORS 250.155 (Application of ORS 250.165 to 250.235) makes ORS 250.165 (Prospective petition) to 250.235 (Retention of petition materials) inapplicable to a county or if ORS 250.255 (Application of ORS 250.265 to 250.346) makes ORS 250.265 (Prospective petition) to 250.346 (Retention of petition materials) inapplicable to a city, the requirements for preparing, circulating and filing a petition under this section must be as provided for an initiative petition under the county or city charter or an ordinance adopted under the county or city charter.

(5) A signature is not valid unless signed within 180 days before the petition is filed.

(6) An election under this section must be held at the time of the next statewide general election.

(7) An election under this section must be conducted under ORS chapters 246 to 260. [Formerly 475B.325]

(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.