2015 ORS 475B.800¹
Adoption of ordinances
  • referral to electors for approval

Caution-flag-2-25x25
This section is amended
Effective March 3, 2016
Relating to cannabis; creating new provisions; amending ORS 90.396, 305.620, 316.680, 419C.239, 419C.420, 419C.443, 471.001, 471.775, 475.245, 475.752, 475.856, 475.858, 475.860, 475.862, 475.864, 475.898, 475B.015, 475B.063, 475B.070, 475B.075, 475B.090, 475B.100, 475B.110, 475B.150, 475B.160, 475B.185, 475B.218, 475B.235, 475B.245, 475B.250, 475B.255, 475B.340, 475B.375, 475B.415, 475B.420, 475B.428, 475B.435, 475B.443, 475B.450, 475B.705, 475B.710, 475B.760, 475B.800, 809.265 and 813.215 and section 3, chapter 20, Oregon Laws 2015; repealing ORS 475B.120, 475B.285 and 811.481 and sections 173 and 175b, chapter 614, Oregon Laws 2015; and declaring an emergency.

(1) The governing body of a city or county may adopt ordinances to be referred to the electors of the city or county as described in subsection (2) of this section that prohibit or allow the establishment of any one or more of the following in the area subject to the jurisdiction of the city or the unincorporated area subject to the jurisdiction of the county:

(a) Marijuana processing sites registered under ORS 475B.435 (Marijuana processing site registration system);

(b) Medical marijuana dispensaries registered under ORS 475B.450 (Medical marijuana dispensary registration system);

(c) Marijuana producers licensed under ORS 475B.070 (Production license);

(d) Marijuana processors licensed under ORS 475B.090 (Processor license);

(e) Marijuana wholesalers licensed under ORS 475B.100 (Wholesale license);

(f) Marijuana retailers licensed under ORS 475B.110 (Retail license); or

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

(2) If the governing body of a city or county adopts an ordinance under this section, the governing body shall submit the measure of the ordinance to the electors of the city or county for approval at the next statewide general election.

(3) If the governing body of a city or county adopts 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.450 (Medical marijuana dispensary registration system) or a marijuana processing site registered under ORS 475B.435 (Marijuana processing site registration system); or

(b) To the Oregon Liquor Control Commission, if the ordinance concerns a premises for which a license has been issued under ORS 475B.070 (Production license), 475B.090 (Processor license), 475B.100 (Wholesale license) or 475B.110 (Retail license).

(4)(a) Upon receiving notice of a prohibition under subsection (3) of this section, the authority shall discontinue registering those entities to which the prohibition applies until the date of the next statewide general election.

(b) Upon receiving notice of a prohibition under subsection (3) of this section, the commission shall discontinue licensing those premises to which the prohibition applies until the date of the next statewide general election.

(5) Notwithstanding any other provisions of law, a city or county that adopts an ordinance under this section that prohibits the establishment of an entity described in subsection (1) of this section may not impose a tax or fee on the production, processing or sale of marijuana or any product into which marijuana has been incorporated.

(6) Notwithstanding subsection (1) of this section, a medical marijuana dispensary is not subject to an ordinance adopted under this section if the medical marijuana dispensary:

(a) Is registered under ORS 475B.450 (Medical marijuana dispensary registration system) on or before the date on which the governing body adopts the ordinance; and

(b) Has successfully completed a city or county land use application process.

(7) Notwithstanding subsection (1) of this section, a marijuana processing site is not subject to an ordinance adopted under this section if the marijuana processing site:

(a) Is registered under ORS 475B.435 (Marijuana processing site registration system) on or before the date on which the governing body adopts the ordinance; and

(b) Has successfully completed a city or county land use application process. [2015 c.614 §134]

Note: Sections 133, 135 and 136, chapter 614, Oregon Laws 2015, provide:

Sec. 133. (1) As used in this section, "qualifying city or county" means a county, or a city located in a county, in which not less than 55 percent of votes cast in the county during the statewide general election held on November 4, 2014, on Ballot Measure 91 (chapter 1, Oregon Laws 2015) were in opposition to the ballot measure.

(2)(a) The governing body of a qualifying city or county may adopt ordinances that prohibit the establishment of any one or more of the following in the area subject to the jurisdiction of the city or the unincorporated area subject to the jurisdiction of the county:

(A) Marijuana processing sites registered under section 85 of this 2015 Act [475B.435 (Marijuana processing site registration system)];

(B) Medical marijuana dispensaries registered under ORS 475.314 [renumbered 475B.450 (Medical marijuana dispensary registration system)];

(C) Marijuana producers licensed under section 19, chapter 1, Oregon Laws 2015 [475B.070 (Production license)];

(D) Marijuana processors licensed under section 20, chapter 1, Oregon Laws 2015 [475B.090 (Processor license)];

(E) Marijuana wholesalers licensed under section 21, chapter 1, Oregon Laws 2015 [475B.100 (Wholesale license)];

(F) Marijuana retailers licensed under section 22, chapter 1, Oregon Laws 2015 [475B.110 (Retail license)]; or

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

(b) The governing body of a qualifying city or county may not adopt an ordinance under this section later than 180 days after the effective date of this 2015 Act [June 30, 2015].

(3) If the governing body of a qualifying city or county adopts 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 475.314 or a marijuana processing site registered under section 85 of this 2015 Act; or

(b) To the Oregon Liquor Control Commission, if the ordinance concerns a premises for which a license has been issued under section 19, 20, 21 or 22, chapter 1, Oregon Laws 2015.

(4)(a) Upon receiving notice of a prohibition under subsection (3) of this section, the authority shall discontinue registering those entities to which the prohibition applies.

(b) Upon receiving notice of a prohibition under subsection (3) of this section, the commission shall discontinue licensing those premises to which the prohibition applies.

(5) Notwithstanding any other provisions of law, a qualifying city or county that adopts an ordinance under this section may not impose a tax or fee on the production, processing or sale of marijuana or any product into which marijuana has been incorporated.

(6) Notwithstanding subsection (2) of this section, a medical marijuana dispensary is not subject to an ordinance adopted under this section if the medical marijuana dispensary:

(a) Is registered under ORS 475.314 on or before the date on which the governing body adopts the ordinance; and

(b) Has successfully completed a city or county land use application process.

(7) Notwithstanding subsection (2) of this section, a marijuana processing site is not subject to an ordinance adopted under this section if the marijuana processing site:

(a) Is registered under section 85 of this 2015 Act on or before the date on which the governing body adopts the ordinance; and

(b) Has successfully completed a city or county land use application process. [2015 c.614 §133]

Sec. 135. (1) Notwithstanding sections 133 and 134 [475B.800 (Adoption of ordinances)] of this 2015 Act, a medical marijuana dispensary is not subject to an ordinance adopted pursuant to section 133 or 134 of this 2015 Act if the medical marijuana dispensary:

(a) Was registered under ORS 475.314 [renumbered 475B.450 (Medical marijuana dispensary registration system)], or has applied to be registered under ORS 475.314, on or before July 1, 2015; and

(b) Has successfully completed a city or county land use application process.

(2) This section does not apply to a medical marijuana dispensary if the Oregon Health Authority revokes the registration of the medical marijuana dispensary. [2015 c.614 §135]

Sec. 136. (1) Notwithstanding sections 133 and 134 [475B.800 (Adoption of ordinances)] of this 2015 Act, a marijuana processing site is not subject to an ordinance adopted pursuant to section 133 or 134 of this 2015 Act if the person responsible for the marijuana processing site or applying to be the person responsible for the marijuana processing site:

(a) Was registered under ORS 475.300 to 475.346 [renumbered 475B.400 (Findings) to 475B.525 (Authority to adopt rules for ORS 475B.400 to 475B.525)] on or before July 1, 2015;

(b) Was processing usable marijuana as described in section 85 (1) of this 2015 Act [475B.435 (Marijuana processing site registration system) (1)] on or before July 1, 2015; and

(c) Has successfully completed a city or county land use application process.

(2) This section does not apply to a marijuana processing site if the Oregon Health Authority revokes the registration of the marijuana processing site. [2015 c.614 §136]

Note: Sections 132 and 175 (2), chapter 614, Oregon Laws 2015, provide:

Sec. 132. (1)(a) The Task Force on Cannabis Environmental Best Practices is established, consisting of 13 members appointed as follows:

(A) The President of the Senate shall appoint one member from among members of the Senate;

(B) The Senate Minority Leader shall appoint one member from among members of the Senate;

(C) The Speaker of the House shall appoint one member from among members of the House of Representatives;

(D) The House Minority Leader shall appoint one member from among members of the House of Representatives; and

(E) The Governor shall appoint nine representatives from among the following:

(i) One individual who represents utilities;

(ii) One individual who represents electricians;

(iii) Two individuals who represent the cannabis industry;

(iv) One individual who represents the State Department of Agriculture;

(v) One individual who represents the Water Resources Department;

(vi) One individual who represents the Public Utility Commission;

(vii) One individual who represents the State Department of Energy; and

(viii) One individual who represents the Energy Trust of Oregon.

(b) In making appointments under paragraph (a) of this subsection, the President of the Senate, the Senate Minority Leader, the Speaker of the House and the House Minority Leader shall appoint, if available, members of the Senate and members of the House of Representatives who served on the Joint Committee on Implementing Measure 91 during the 2015 regular session of the Legislative Assembly.

(2) The task force shall study the use of electricity and water by, and the agricultural practices associated with, the growing of cannabis by persons who hold a license under section 19, chapter 1, Oregon Laws 2015 [475B.070 (Production license)], and by persons who are responsible for a marijuana grow site under ORS 475.304 [renumbered 475B.420 (Marijuana grow site registration system)]. As part of the report submitted under subsection (9) of this section, the task force shall include suggestions related to environmental best practices for the propagating, producing and harvesting of cannabis.

(3) A majority of the voting members of the task force constitutes a quorum for the transaction of business.

(4) Official action by the task force requires the approval of a majority of the voting members of the task force.

(5) The task force shall elect one of its members to serve as chairperson.

(6) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.

(7) The task force shall meet at times and places specified by the call of the chairperson or of a majority of the voting members of the task force.

(8) The task force may adopt rules necessary for the operation of the task force.

(9) The task force shall submit a report in the manner provided by ORS 192.245 (Form of report to legislature), and may include recommendations for legislation, to an interim committee of the Legislative Assembly related to the regulation of cannabis as appropriate no later than September 15, 2016.

(10) The Oregon Liquor Control Commission shall provide staff support to the task force.

(11) Members of the task force who are not members of the Legislative Assembly are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495 (Compensation and expenses of members of state boards and commissions). Claims for expenses incurred in performing functions of the task force shall be paid out of funds appropriated to Oregon Liquor Control Commission for purposes of the task force.

(12) All agencies of state government, as defined in ORS 174.111 ("State government" defined), are directed to assist the task force in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the task force consider necessary to perform their duties. [2015 c.614 §132]

Sec. 175. (2) Section 132 of this 2015 Act is repealed on December 31, 2016. [2015 c.614 §175(2)]

Note: Sections 1 and 9, chapter 844, Oregon Laws 2015, provide:

Sec. 1. (1) The Task Force on Researching the Medical and Public Health Properties of Cannabis is established, consisting of 15 members appointed as follows:

(a) The President of the Senate shall appoint one member from among members of the Senate.

(b) The Speaker of the House of Representatives shall appoint one member from among members of the House of Representatives.

(c) The Governor shall appoint the following members:

(A) One member who represents the Oregon Liquor Control Commission and is knowledgeable about sections 3 to 70, chapter 1, Oregon Laws 2015 [475B.010 (Short title) to 475B.395 (Severability of ORS 475B.010 to 475B.395)];

(B) One member who represents the Oregon Health Authority and is knowledgeable about ORS 475.300 to 475.346 [renumbered 475B.400 (Findings) to 475B.525 (Authority to adopt rules for ORS 475B.400 to 475B.525)];

(C) One member who represents the Department of Justice;

(D) One member who represents Oregon Health and Science University and is knowledgeable about at least one debilitating medical condition, as defined in ORS 475.302 [renumbered 475B.410 (Definitions for ORS 475B.400 to 475B.525)];

(E) One member who represents the Oregon University System and is knowledgeable about the availability of federal grants for researching cannabis;

(F) One member with expertise in agricultural research;

(G) One member with expertise in microbiology;

(H) One member with expertise in substance abuse treatment;

(I) One member with expertise in neurology;

(J) One member with expertise in oncology;

(K) One member with expertise in palliative care;

(L) One member who has been designated as a person responsible for a marijuana grow site under ORS 475.304 [renumbered 475B.420 (Marijuana grow site registration system)]; and

(M) One member with expertise in measuring tetrahydrocannabinol and cannabidiol levels and in identifying other cannabinoid compounds that have a potential effect on specific medical conditions.

(2) The task force shall study and make a report on the development of a medical cannabis industry that provides patients with medical products that meet individual patient needs. The report must:

(a) Identify and assess the validity of research related to the medical properties of cannabis that have been conducted in other countries and in other states and territories of the United States;

(b) Assess the potential for this state to collaborate with other states that have legalized the medical or recreational use of cannabis for purposes related to researching the medical properties of cannabis;

(c) Identify key research areas related to the medical properties of cannabis;

(d) Identify legal barriers to the establishment of laboratories that research the medical properties of cannabis, including barriers related to the possession, delivery and manufacture of marijuana;

(e) Identify legal barriers to the use of institutional review boards in approving, monitoring and reviewing research involving the medical properties of cannabis;

(f) Propose solutions to structuring and funding research that involves the medical properties of cannabis, including solutions that involve state programs and moneys and solutions that involve investment by private businesses and business sectors; and

(g) Assess the potential of locating a cannabis grow site for research purposes in this state and, if appropriate, setting forth a plan for the establishment of a cannabis grow site for research purposes in this state.

(3) A majority of the members of the task force constitutes a quorum for the transaction of business.

(4) Official action by the task force requires the approval of a majority of the members of the task force.

(5) The task force shall elect one of its members to serve as chairperson.

(6) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.

(7) The task force shall meet at times and places specified by the call of the chairperson or of a majority of the members of the task force.

(8) The task force may adopt rules necessary for the operation of the task force.

(9) The task force shall:

(a) Submit a report updating the task force’s progress in carrying out the duties of the task force pursuant to subsection (2) of this section, including any recommendations for legislation, in the manner provided by ORS 192.245 (Form of report to legislature) to the interim committees of the Legislative Assembly related to health, and any interim committee of the Legislative Assembly related to marijuana, no later than December 15, 2015; and

(b) Submit the report described in subsection (2) of this section, including any recommendations for legislation, in the manner provided by ORS 192.245 (Form of report to legislature) to the interim committees of the Legislative Assembly related to health, and any interim committee of the Legislative Assembly related to marijuana, no later than February 1, 2016.

(10) The Oregon Health Authority shall provide staff support to the task force.

(11) Members of the task force who are not members of the Legislative Assembly are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495 (Compensation and expenses of members of state boards and commissions). Claims for expenses incurred in performing functions of the task force shall be paid out of funds appropriated to the Oregon Health Authority for purposes of the task force.

(12) All agencies of state government, as defined in ORS 174.111 ("State government" defined), are directed to assist the task force in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the task force consider necessary to perform their duties. [2015 c.844 §1]

Sec. 9. Section 1 of this 2015 Act is repealed on December 31, 2017. [2015 c.844 §9]

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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.