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Oregons Marijuana Laws Local Government Options for Regulation of Marijuana As set out in ORS 475B.340, ORS 475B.500, and under their home rule authority, cities have a number of options Any city wanting to regulate or for regulating marijuana activities. Whether to regulate is a prohibit marijuana activities local choice. What follows is an overview of the options should work closely with its legal available to cities. However, before embarking on any form counsel to survey existing state of regulation, cities should begin by examining the 10 types law, administrative rules, and of marijuana activities authorized by state statute and the local code; develop a means to restrictions state law (including administrative regulations implement and enforce any new adopted by the OLCC \[found in OAR chapter 845, division ordinances; and then craft the 25\] and the OHA \[found in OAR chapter 333, division 8\]) necessary amendments to the places on each type of activity to determine whether a gap citys code to accomplish the exists between what state law allows and what the councils intent. community desires to further restrict. State Restrictions on the Location of Medical and Recreational Marijuana Activities Before regulating or prohibiting state-registered or licensed marijuana activities, cities should examine the restrictions in state law. It is important to know about any state restrictions that create a regulatory “floor.” In other words, although the courts generally have upheld a city’s authority to impose more stringent restrictions than those described in state law, a city likely cannot impose restrictions that are more lenient than those described in state law. So for example, whenstate law requires a 1,000-foot buffer between medical marijuana dispensaries, a city could not allow dispensaries to locate within 500 feet of each other. Moreover, some cities may determine that state regulation of marijuana activities is sufficient and that local regulation is therefore unnecessary. For those cities interested in prohibiting any of the marijuana activities listed above,it is important toexamine the state restrictions, particularly in smaller communities. Those restrictions effectively may preclude a person from becoming registered with or licensed by the state to engage in marijuana activities. Medical Grow Sites and Recreational Producers ORS 475B does not restrict where medical marijuana grow sites or recreational marijuana producers can locate. In fact, in 2016, the Legislature clarified that both medical and recreational marijuana are farm crops, allowing marijuana to be grown on land zoned for exclusive farm use. Nonetheless, such grows are still subject to local time place and manner restrictions. However, the OLCC has adopted some restrictions on where recreational marijuana facilities generally can locate,andwhere recreational marijuana producers in particular can locate. (OAR Local Government Regulation of Marijuana in Oregon League of Oregon Cities | 12 May 2016 (Third Edition)