2017 ORS 475B.968¹
Adoption of ordinances
  • referral to electors for approval

(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 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 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.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, 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).

(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)(a) If an allowance is approved at the next statewide general election under subsection (2) of this section, and the allowance concerns an entity described in subsection (1)(a) or (b) of this section, the authority shall begin registering the entity to which the allowance applies on the first business day of the January immediately following the date of the statewide general election.

(b) If an allowance is approved at the next statewide general election under subsection (2) of this section, and the allowance concerns an entity described in subsection (1)(c) to (j) of this section, the commission shall begin licensing the premises to which the allowance applies on the first business day of the January immediately following the date of the next statewide general election.

(6) If the electors of a city or county approve an ordinance prohibiting or allowing an establishment described in subsection (1)(a), (b) or (g) to (j) of this section, the governing body of the city or county may amend the ordinance, without referring the amendment to the electors of the city or county, to prohibit or allow any other establishment described in subsection (1)(a), (b) or (g) to (j) of this section.

(7) 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.

(8) 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.858 (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.

(9) 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.840 (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. [Formerly 475B.800]

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(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.