Cannabis Regulation

ORS 475B.077
Marijuana production as nonconforming land use

  • alterations to premises
  • continued use requirement


(1)

A premises for which a marijuana producer holds a production license issued under ORS 475B.070 (Production license) and that is located in an area subject to the jurisdiction of a city or county that has adopted a prohibition under ORS 475B.968 (Adoption of ordinances) on marijuana production, or has adopted or amended a county or local ordinance that causes marijuana production to be a nonconforming land use, since the date on which the production license was first issued may continue to be used to produce marijuana.

(2)

A premises described in subsection (1) of this section is not required to be continually owned or operated by the marijuana producer that was first issued a license under ORS 475B.070 (Production license).

(3)

A land use compatibility statement, in addition to that required for initial licensure, from the city or county is not required for a premises described in subsection (1) of this section if:

(a)

The marijuana producer is applying for licensure renewal; or

(b)

A change in ownership of the premises occurs but does not alter the marijuana plant grow canopy size or whether the marijuana plant grow canopy is indoors or outdoors.

(4)

(a) Alterations may be made to premises described in subsection (1) of this section if the alterations:

(A)

Are necessary in order for the premises to comply with a lawful requirement for alteration in production; or

(B)

In the production or in the buildings, structures or physical improvements associated with the premises have no greater adverse impact to the surrounding area.

(b)

The city or county that has jurisdiction over the premises shall perform an evaluation of proposed alterations and may deny only alterations that do not meet the criteria set out in this subsection.

(5)

If a premises described in subsection (1) of this section is not used for marijuana production for a period of at least 12 calendar months, marijuana production may not be resumed on the premises unless the marijuana production conforms to any zoning requirements or regulations applicable at the time of the proposed resumption. [2019 c.292 §3]
§§ 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