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Introduction and A Word of Caution This guide begins by providing an overview of the source of local government authority— Oregon’s constitutional home rule provisions. The guide then provides a brief explanation of the status of marijuana under federal law, as well as a summary of Oregon’s marijuana laws, before turning to a discussion of local control and options available for local governments. The guide concludes with sample ordinances to use as a starting point if a city decides it wants to tax, regulate or prohibit marijuana facilities. It is important to note that this guide, although lengthy, is not intended to give exhaustive treatment of every issuethat a city might face with respect to marijuana regulation. The regulation of marijuana is becoming increasingly complex as the industry grows and evolves and as the Legislature and state agencies adopt new laws and administrative rules. As such, this guide and the sample wording that is attached serves as a starting point (not and ending point) for local government officials to understand this topic so that eventuallythey can spot issues and further analyze and develop local solutions. This guide is not a substitute for legal advice City councils considering taxing, regulating or prohibiting marijuana businesses should not rely solely on this guide or the resources contained within it. Any city council considering any form of regulation of marijuana should consult with its city attorney regarding the advantages, disadvantages, risks and limitations of any given approach. Legal counsel can also assist a city in preparing an ordinance that is consistent with existing ordinances and with a citys charter, and advise on what process is needed to adopt the ordinance. Local Government Regulation of Marijuana in Oregon League of Oregon Cities | 2 May 2016 (Third Edition)