2017 ORS 475B.486¹
Local time, place and manner regulations

(1) For purposes of this section, “reasonable regulations” includes:

(a) Reasonable conditions on the manner in which a marijuana producer that holds a license issued under ORS 475B.070 (Production license) may produce marijuana or in which a researcher of cannabis that holds a certificate issued under ORS 475B.286 (Certification of cannabis researchers) may produce marijuana or propagate immature marijuana plants;

(b) Reasonable conditions on the manner in which a marijuana processor that holds a license issued under ORS 475B.090 (Processor license) may process marijuana or in which a researcher of cannabis that holds a certificate issued under ORS 475B.286 (Certification of cannabis researchers) may process marijuana;

(c) Reasonable conditions on the manner in which a marijuana wholesaler that holds a license issued under ORS 475B.100 (Wholesale license) may sell marijuana at wholesale;

(d) Reasonable conditions on the manner in which a marijuana retailer that holds a license issued under ORS 475B.105 (Retail license) may sell marijuana items;

(e) Reasonable limitations on the hours during which a 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) may operate;

(f) Reasonable requirements related to the public’s access to a premises for which a license or certificate has been issued under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545); and

(g) Reasonable limitations on where a premises for which a license or certificate may be issued under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545) may be located.

(2) Notwithstanding ORS 30.935 (Prohibition on local laws that make farm practice a nuisance or trespass), 215.253 (Restrictive local ordinances affecting farm use zones prohibited) (1) or 633.738 (Prohibition of local laws to inhibit or prevent production or use of seeds or products of seeds), the governing body of a city or county may adopt ordinances that impose reasonable regulations on the operation of businesses located at premises for which a license or certificate has been issued under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545) if the premises are located in the area subject to the jurisdiction of the city or county, except that the governing body of a city or county may not:

(a) Adopt an ordinance that prohibits a premises for which a license has been issued under ORS 475B.105 (Retail license) from being located within a distance that is greater than 1,000 feet of another premises for which a license has been issued under ORS 475B.105 (Retail license).

(b) Adopt an ordinance that imposes a setback requirement for an agricultural building used to produce marijuana located on a premises for which a license has been issued under ORS 475B.070 (Production license) if the agricultural building:

(A) Was constructed on or before July 1, 2015, in compliance with all applicable land use and building code requirements at the time of construction;

(B) Is located at an address where a marijuana grow site first registered with the Oregon Health Authority under ORS 475B.810 (Marijuana grow site registration system) on or before January 1, 2015;

(C) Was used to produce marijuana pursuant to the provisions of ORS 475B.785 (Findings) to 475B.949 (Authority to adopt rules for ORS 475B.785 to 475B.949) on or before January 1, 2015; and

(D) Has four opaque walls and a roof. [Formerly 475B.340]

(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.