ORS 475C.489
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 475C.053 (Duty to request land use compatibility statement).(4)
This section applies to:(a)
Marijuana producers that hold a license issued under ORS 475C.065 (Production license);(b)
Persons registered under ORS 475C.792 (Marijuana grow site registration system) and designated to produce marijuana by one or more persons who hold valid registry identification cards issued under ORS 475C.783 (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 475C.289 (Certification of cannabis researchers). [Formerly 475B.526]
Source:
Section 475C.489 — Marijuana as crop; exceptions to permitted uses, https://www.oregonlegislature.gov/bills_laws/ors/ors475C.html
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Law Review Citations
52 WLR 1 (2015)