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amount of marijuana that can be located at any particular grow site.) As noted below, the statutes do not indicate that the process in ORS 475B.800 for banning marijuana activities is the exclusive means to do so. Cities considering banning medical marijuana grow sites should talk to their city attorney about whether they can do so under either home rule, federal preemption, or both legal theories. What process does the city need to go through under ORS 475B.800 to impose a ban on the growing, processing, or sale or transfer of marijuana? Before December 24, 2015, cities located in counties that voted against Measure 91 by 55 percent or more (Baker, Crook, Gilliam, Grant, Harney, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa and Wheeler Counties)were permitted toenact a ban through council adoption of an ordinance prohibiting any of the six activities listed above. After that time, and for cities not located in those counties, the city council may adopt an ordinance banning any of the six activities listed above, but that ordinance must be referred to the voters at a statewide general election, meaning an election in November of an even- numbered year.The general election date for 2016 is November 8. As soon as the council adopts the ordinance, it must submit it to the Oregon Health Authority (OHA) for medical bans and the Oregon Liquor Control Commission (OLCC) for recreational bans, and those agencies will stop registering and licensing the banned facilities. In other words, for cities using the referral process, the council’s adoption of an ordinance acts as a moratorium on new facilities until the election occurs. Can my city ban the personal use and growing of marijuana? ORS chapter 475B does not provide an avenue for cities to ban the personal use and growing of marijuana. As a result, cities interested in enacting such a ban should consult with the city attorney to discuss whether the city can do so under either home rule, federal preemption, or both legal theories. If the city adopts a ban under ORS 475B.800, are existing marijuana activities grandfathered (allowed to remain open)? The answer depends upon the type of activity. Medical marijuana dispensaries and medical marijuana processors that have registered with the state by the time theircity adopts a prohibition ordinance are not subject to the ban if they have successfully completed a city or county land use application process. However, ORS 475B.800 does not provide similar protection to any of the other marijuana activities that a city can ban under that legislation. Consequently, recreational marijuana growers, processors, wholesalers and retailers are subject to a ban under ORS 475B.800, even if those businesses are already operatingat the time the ban was enacted. Although some businesses may argue that they have a due process right to continue operating, the status of marijuana as an illegal drug under federal law makes it unlikely that a court would recognize a due process right for a marijuana business owner. However, cities will want to work closely with their city attorney on enforcement of a ban against existing businesses. If my city adopts a ban under ORS 475B.800, will it still get a share of state marijuana tax revenues? Frequently Asked Questions About Local Regulation of Marijuana 4 May 24, 2016