2017 ORS 475B.526¹
Marijuana as crop
  • exceptions to permitted uses

(1) 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, 215 and 227, 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).

(4) This section applies to:

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

(b) Persons registered under ORS 475B.810 (Marijuana grow site registration system) and designated to produce marijuana by one or more persons who hold valid registry identification cards issued under ORS 475B.797 (Registry identification cardholders); and

(c) For the purpose of producing marijuana or propagating immature marijuana plants, researchers of cannabis that hold a certificate issued under ORS 475B.286 (Certification of cannabis researchers). [Formerly 475B.370]

(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.