ORS 475C.457
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 475C.815 (Marijuana processing site registration system);(b)
Medical marijuana dispensaries registered under ORS 475C.833 (Medical marijuana dispensary registration system);(c)
Marijuana producers that hold a license issued under ORS 475C.065 (Production license);(d)
Marijuana processors that hold a license issued under ORS 475C.085 (Processor license);(e)
Marijuana wholesalers that hold a license issued under ORS 475C.093 (Wholesale license);(f)
Marijuana retailers that hold a license issued under ORS 475C.097 (Retail license);(g)
Marijuana producers that hold a license issued under ORS 475C.065 (Production license) and that the Oregon Liquor and Cannabis Commission has designated as an exclusively medical licensee under ORS 475C.121 (Exclusively medical licensee designation for marijuana producer);(h)
Marijuana processors that hold a license issued under ORS 475C.085 (Processor license) and that the commission has designated as an exclusively medical licensee under ORS 475C.125 (Exclusively medical licensee designation for marijuana processor);(i)
Marijuana wholesalers that hold a license issued under ORS 475C.093 (Wholesale license) and that the commission has designated as an exclusively medical licensee under ORS 475C.129 (Exclusively medical licensee designation for marijuana wholesaler);(j)
Marijuana retailers that hold a license issued under ORS 475C.097 (Retail license) and that the commission has designated as an exclusively medical licensee under ORS 475C.133 (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 475C.833 (Medical marijuana dispensary registration system) or a marijuana processing site registered under ORS 475C.815 (Marijuana processing site registration system); or(b)
Intentionally left blank —Ed.(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 475C.005 (Short title) to 475C.525 (Severability of ORS 475C.005 to 475C.525); 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 475C.065 (Production license), 475C.085 (Processor license), 475C.093 (Wholesale license) or 475C.097 (Retail license). [Formerly 475B.496](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](a)
$875,000 to the Oregon Liquor and Cannabis Commission for deposit in the Marijuana Control and Regulation Fund established under ORS 475B.296 [renumbered 475C.297 (Marijuana Control and Regulation Fund)]; and(b)
$750,000 to the Oregon Criminal Justice Commission for deposit into the Illegal Marijuana Market Enforcement Grant Program Fund established under section 15, chapter 103, Oregon Laws 2018, for the purposes of paying the costs incurred by the commission in carrying out the provisions of section 13, chapter 103, Oregon Laws 2018.(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; 2021 c.542 §39]
Source:
Section 475C.457 — Repeal of city, county ordinance that prohibits certain establishments, https://www.oregonlegislature.gov/bills_laws/ors/ors475C.html
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