2017 ORS 475B.496¹
Repeal of city, county ordinance that prohibits certain establishments

(1) The governing body of a city or county may repeal an ordinance that prohibits the establishment of any one or more of the following in the area subject to the jurisdiction of the city or in the unincorporated area subject to the jurisdiction of the county:

(a) Marijuana processing sites registered under ORS 475B.840 (Marijuana processing site registration system);

(b) Medical marijuana dispensaries registered under ORS 475B.858 (Medical marijuana dispensary registration system);

(c) Marijuana producers that hold a license issued under ORS 475B.070 (Production license);

(d) Marijuana processors that hold a license issued under ORS 475B.090 (Processor license);

(e) Marijuana wholesalers that hold a license issued under ORS 475B.100 (Wholesale license);

(f) Marijuana retailers that hold a license issued under ORS 475B.105 (Retail license);

(g) Marijuana producers that hold a license issued under ORS 475B.070 (Production license) and that the Oregon Liquor Control Commission has designated as an exclusively medical licensee under ORS 475B.122 (Exclusively medical licensee designation for marijuana producer);

(h) Marijuana processors that hold a license issued under ORS 475B.090 (Processor license) and that the commission has designated as an exclusively medical licensee under ORS 475B.127 (Exclusively medical licensee designation for marijuana processor);

(i) Marijuana wholesalers that hold a license issued under ORS 475B.100 (Wholesale license) and that the commission has designated as an exclusively medical licensee under ORS 475B.129 (Exclusively medical licensee designation for marijuana wholesaler);

(j) Marijuana retailers that hold a license issued under ORS 475B.105 (Retail license) and that the commission has designated as an exclusively medical licensee under ORS 475B.131 (Exclusively medical licensee designation for marijuana retailer); or

(k) Any combination of the entities described in this subsection.

(2) If the governing body of a city or county repeals an ordinance under this section, the governing body must provide the text of the ordinance:

(a) To the Oregon Health Authority, in a form and manner prescribed by the authority, if the ordinance concerns a medical marijuana dispensary registered under ORS 475B.858 (Medical marijuana dispensary registration system) or a marijuana processing site registered under ORS 475B.840 (Marijuana processing site registration system); or

(b) To the commission, in a form and manner prescribed by the commission, if the ordinance concerns 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). [2016 c.24 §30; 2017 c.183 §29]

Note: 475B.496 (Repeal of city, county ordinance that prohibits certain establishments) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 475B or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(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.