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No. A city that adopts an ordinance prohibiting the establishment of medical or recreational marijuanabusinesses is not eligible to receive a distribution of state marijuana tax revenues. If the voters in my city vote to reject the ban, when will the Oregon Liquor Control Commission or Oregon Health Authority begin registering or licensingmarijuana businesses? Section 31 of HB 4014 (2016) provides that licensing or registration on the first business day of the January immediately following the date of the statewide general election.This date was chosen to provide an opportunity for cities and counties to adopt localtime, place or manner restrictions, business license ordinances and forms and to take other action required to address issues and concerns relating to the addition of marijuana businesses in the city. Cities dealing with this situation will want to visit with their city attorney to discuss action steps and to further determine if there are home rule or business license possibilities to prohibit some or all marijuana business activities. My city requires businesses to obtain a license to operate, and city ordinance provides that the city will not issue a business license if a business operates in violation of local, state or federal law, creating an effective ban on marijuana businesses. Can we continue to enforce that ordinance instead of adopting a ban using the procedure described in ORS 475B.800? Yes. The League has taken the position that cities may still adopt and enforce their business license ordinances. However, a city should be prepared to defend its authority to do so. 1 ORS chapter 475B does not contain a broad express preemption on local government authority. Nothing in ORS 475B makes the ban procedures in the law the exclusive means for prohibiting marijuana businesses. Consequently, the League has taken the position that ORS 475B does not prevent a city from banning marijuana activities through other means, such as adopting or enforcing a business license ordinance that prohibits issuance of a business license to a business operating in violationof local, state or federal law. However, cities that decide to enforce a business license ordinance instead of adopting a ban under ORS 475B.800 should consult their city attorney about the case of City of Cave Junction v. State of Oregon, Josephine County Circuit Court Case #14CV0588, which is currently on appeal before the Oregon Court of Appeals. At issue in that case is whether the city of Cave Junction may enforce its business license ordinance, which prohibits issuance of a business license to a business operating in violation of local, state or federal law. If my city adopts a ban under ORS 475B.800 and the ban is approved by the voters at a statewide general election, will it be possible to repeal the ban at a later time? Yes, ORS 475B.800 provides the mechanism by which a city that has effectively banned marijuana businesses may repeal that prohibition. The process by which a city or county may opt in to allow marijuana businesses is quite similar to the process required (and described above) by which a city opted out of allowing marijuana businesses. 1 Section 57 of HB 3400 does provide that Measure 91 supersedes any “inconsistent” local enactments. Although some people have suggested that Section 57 is a broad preemption of local authority, the League disagrees. The liquor control act contains similar wording and the Oregon appellate courts have not interpreted that section to be a broad preemption. For more information and analysis of the inconsistency provision in Measure 91, as amended by ORS 475B, see the memorandum on the League’s A-Z Marijuana Resources webpage entitled, “Measure 91 and Local Control.” Frequently Asked Questions About Local Regulation of Marijuana 5 May 24, 2016