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Introduction and A Word of Caution Introduction and a Word of Caution The League of Oregon Cities (League) has prepared this guide to assist cities in evaluating local needs and concerns regarding medical and recreational marijuana, so that city councils can find solutions that are in the best interests of their community. The League does not take a position on which choices a city council should make. The League’s mission is to protect the home rule authority of cities to make local decisions, and to assist city councils in implementing the decisions they make, whatever those decisions might be. The League published the first edition of this guide in the spring of 2015. Its original focus was regulation of medical marijuana under The law with regard to local the Oregon Medical Marijuana Act (OMMA). In November 2014, government regulation of Oregon voters adopted Measure 91, legalizing the growing, marijuana is complex because it distribution, possession and use of marijuana in certain amounts for involves the interplay of state and recreational (i.e. non-medical) personal use. In 2015, the state federal law, and the law continues Legislature passed four bills—HB 3400, HB 2041, SB 460 and SB to evolve. At press time, there 844—which made comprehensive reforms to Measure 91 and the were several court cases pending OMMA and addressed issues of local control, taxation, and early regarding the legal authority of sales, among other things. All of those changes are now codified in local governments to regulate, up ORS 475B. to and including prohibiting, the operation of medical marijuana Since that time, the Oregon Liquor Control Commission (OLCC), facilities. The League will the agency charged with implementing the recreational marijuana continue to update its members licensing process, and the Oregon Health Authority (OHA), the as the law in this area changes. agency charged with implementing the OMMA, have engaged in rulemaking. In addition, in 2016, the Legislature once again amended Oregon’s marijuana laws with the adoption of three additional pieces of legislation— HB 4014 (Or Laws 2016, ch 24), SB 1511 (Or Laws 2016, ch 83), and SB 1598 (Or Laws 2016, ch 23). Some of the changes made by those bills are discussed in more detail below. All of those changes havemade it difficult for local government officials to stay on top of this ever evolving regulatory landscape. Consequently, The sample ordinance the League has prepared this third edition of the guide, revising its provisions included in this regulatory guidance to reflect the latest statutory and administrative rule guide are intended to be a changes, as well as providing sample ordinance wording for both starting point, not an ending medical and recreational marijuanafacilitiesthat is consistent with those point, for any jurisdiction considering taxing, changes.Because most experts believe that the medical marijuana and regulating or prohibiting recreational marijuana systems will eventually merge, the sample marijuana businesses. ordinance provisions in this edition do not differentiate between medical marijuana or recreational marijuana businesses and treats both the same for purposes of regulating the time place and manner of those activities. Local Government Regulation of Marijuana in Oregon League of Oregon Cities | 1 May 2016 (Third Edition)