Cannabis Regulation

ORS 475B.496
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)

(A) 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); and

(B)

To the Oregon Department of Administrative Services, in a form and manner prescribed by the department, within 30 days of enactment of the repeal of the ordinance, if the ordinance concerns a premises for which issuance of a license is required under ORS 475B.070 (Production license), 475B.090 (Processor license), 475B.100 (Wholesale license) or 475B.105 (Retail license). [2016 c.24 §30; 2017 c.183 §29; 2019 c.599 §3]
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.
Note: Sections 13 to 17 and 26, chapter 103, Oregon Laws 2018, provide:
Sec. 13. (1) The Illegal Marijuana Market Enforcement Grant Program is established to assist cities and counties with the costs incurred by local law enforcement agencies in addressing unlawful marijuana cultivation or distribution operations.

(2)

The Oregon Criminal Justice Commission shall administer the grant program described in subsection (1) of this section and shall award the grants described in this section.

(3)

The commission shall adopt rules to administer the grant program. Rules adopted under this section must include:

(a)

A methodology for reviewing and approving grant applications and awarding grants; and

(b)

A process for evaluating the efficacy of local law enforcement programs and services funded by the grant program.

(4)

Moneys distributed to grant recipients under this section must be spent on costs associated with addressing and prosecuting unlawful marijuana cultivation or distribution operations.

(5)

The commission shall prioritize the following when awarding grants under this section:

(a)

Providing financial assistance to local law enforcement agencies and district attorneys in rural areas of this state to address unlawful marijuana cultivation or distribution operations;

(b)

Supporting local law enforcement agencies and district attorneys in investigating and prosecuting large-scale unlawful marijuana cultivation or distribution operations;

(c)

Providing financial assistance to local law enforcement agencies and district attorneys in the investigation and prosecution of organized crime involved in unlawful marijuana cultivation or distribution operations; and

(d)

Providing financial assistance to local law enforcement agencies and district attorneys in the investigation and prosecution of unlawful marijuana cultivation or distribution operations that divert marijuana outside of this state. [2018 c.103 §13]
Sec. 14. Not later than January 1, 2020, and not later than January 1 each year thereafter, the Oregon Criminal Justice Commission shall submit a report in the manner provided in ORS 192.245 (Form of report to legislature) on the status and effectiveness of the Illegal Marijuana Market Enforcement Grant Program established under section 13 of this 2018 Act to the interim committees of the Legislative Assembly related to the judiciary. [2018 c.103 §14]
Sec. 15. The Illegal Marijuana Market Enforcement Grant Program Fund is established in the State Treasury separate and distinct from the General Fund. Moneys in the Illegal Marijuana Market Enforcement Grant Program Fund are continuously appropriated to the Oregon Criminal Justice Commission for the purposes of carrying out the provisions of section 13 of this 2018 Act. Interest earned by the fund shall be credited to the fund. [2018 c.103 §15]
Sec. 16. (1) Notwithstanding ORS 475B.759 (Oregon Marijuana Account), before making any other distribution from the Oregon Marijuana Account established under ORS 475B.759 (Oregon Marijuana Account), the Department of Revenue shall first distribute quarterly from the account the following:

(a)

$875,000 to the Oregon Liquor Control Commission for deposit in the Marijuana Control and Regulation Fund established under ORS 475B.296 (Marijuana Control and Regulation Fund); and

(b)

$375,000 to the Oregon Criminal Justice Commission for deposit into the Illegal Marijuana Market Enforcement Grant Program Fund established under section 15 of this 2018 Act for the purposes of paying the costs incurred by the commission in carrying out the provisions of section 13 of this 2018 Act.

(2)

The final distribution made under subsection (1) of this section shall be made in the fiscal quarter beginning on October 1, 2023. [2018 c.103 §16]
Sec. 17. Any balance in the Illegal Marijuana Market Enforcement Grant Program Fund that is unexpended and unobligated on the date of repeal of section 15 of this 2018 Act, and all moneys that would have been deposited in the Illegal Marijuana Market Enforcement Grant Program Fund had section 15 of this 2018 Act remained in effect, shall be transferred to and deposited in the Marijuana Control and Regulation Fund, and are appropriated for expenditure as in the case of other moneys in the Marijuana Control and Regulation Fund. [2018 c.103 §17]
Sec. 26. Sections 13 to 16 of this 2018 Act are repealed on January 2, 2024. [2018 c.103 §26]
§§ 475B.785 to 475B.949

(formerly 475.300 to 475.346, then 475B.400

to 475 B.525)

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)

§§ 475B.400 to 475B.525

(formerly 475.300 to 475.346)

See annotations under ORS 475B.785 to 47B.949.


Source

Last accessed
Jun. 26, 2021