ORS 475C.449
Local time, place and manner regulations
(1)
For purposes of this section, “reasonable regulations” includes:(a)
Reasonable conditions on the manner in which a marijuana producer that holds a license issued under ORS 475C.065 (Production license) may produce marijuana or in which a researcher of cannabis that holds a certificate issued under ORS 475C.289 (Certification of cannabis researchers) may produce marijuana or propagate immature marijuana plants;(b)
Reasonable conditions on the manner in which a marijuana processor that holds a license issued under ORS 475C.085 (Processor license) may process marijuana or in which a researcher of cannabis that holds a certificate issued under ORS 475C.289 (Certification of cannabis researchers) may process marijuana;(c)
Reasonable conditions on the manner in which a marijuana wholesaler that holds a license issued under ORS 475C.093 (Wholesale license) may sell marijuana at wholesale;(d)
Reasonable conditions on the manner in which a marijuana retailer that holds a license issued under ORS 475C.097 (Retail license) may sell marijuana items;(e)
Reasonable limitations on the hours during which a premises for which a license has been issued under ORS 475C.005 (Short title) to 475C.525 (Severability of ORS 475C.005 to 475C.525) may operate;(f)
Reasonable requirements related to the public’s access to a premises for which a license or certificate has been issued under ORS 475C.005 (Short title) to 475C.525 (Severability of ORS 475C.005 to 475C.525); and(g)
Reasonable limitations on where a premises for which a license or certificate may be issued under ORS 475C.005 (Short title) to 475C.525 (Severability of ORS 475C.005 to 475C.525) may be located.(2)
Notwithstanding ORS 30.935 (Prohibition on local laws that make farm practice a nuisance or trespass), 215.253 (Restrictive local ordinances affecting farm use zones prohibited) (1) or 633.738 (Prohibition of local laws to inhibit or prevent production or use of seeds or products of seeds), the governing body of a city or county may adopt ordinances that impose reasonable regulations on the operation of businesses located at premises for which a license or certificate has been issued under ORS 475C.005 (Short title) to 475C.525 (Severability of ORS 475C.005 to 475C.525) if the premises are located in the area subject to the jurisdiction of the city or county, except that the governing body of a city or county may not:(a)
Adopt an ordinance that prohibits a premises for which a license has been issued under ORS 475C.097 (Retail license) from being located within a distance that is greater than 1,000 feet of another premises for which a license has been issued under ORS 475C.097 (Retail license).(b)
Adopt an ordinance that imposes a setback requirement for an agricultural building used to produce marijuana located on a premises for which a license has been issued under ORS 475C.065 (Production license) if the agricultural building:(A)
Was constructed on or before July 1, 2015, in compliance with all applicable land use and building code requirements at the time of construction;(B)
Is located at an address where a marijuana grow site first registered with the Oregon Health Authority under ORS 475C.792 (Marijuana grow site registration system) on or before January 1, 2015;(C)
Was used to produce marijuana pursuant to the provisions of ORS 475C.770 (Findings) to 475C.919 (Authority to adopt rules for ORS 475C.770 to 475C.919) on or before January 1, 2015; and(D)
Has four opaque walls and a roof. [Formerly 475B.486]
Source:
Section 475C.449 — Local time, place and manner regulations, https://www.oregonlegislature.gov/bills_laws/ors/ors475C.html.
Law Review Citations
52 WLR 1 (2015)
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