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premises in the city. The other 50 percent will be distributed based on the number of recreational <br />retail licenses issued for premises in the city. <br />Will the Oregon Department of Revenue be available to help collect local marijuana <br />sales taxes on behalf of cities and counties? <br />Yes.Section 32 of HB 4014 amends ORS 305.620 to allow cities and counties to enter into <br />intergovernmental agreements with the Oregon Department of Revenue (DOR)for the <br />collection, enforcement, administration and distribution of local marijuana sales taxes. The <br />League is working with the DOR to create an intergovernmental agreement template. <br />TIME, PLACE AND MANNER RESTRICTIONS <br />Does state law place any restrictions on where marijuana businesses can locate? <br />Yes. Medical marijuana dispensaries, recreational marijuana retail stores, and medical and <br />recreational marijuana processors that process marijuana extracts cannot locate in a residential <br />zone. <br />In addition, medical marijuana dispensaries and recreational marijuana retail stores are subject to <br />the following restrictions: <br />Neither can locate within 1,000 feet of certain public and private schools, unless the school <br />is established after the marijuana facility. <br />Medical marijuana dispensaries cannot locate within 1,000 feet of another dispensary. <br />Medical marijuana dispensaries cannot locate at a grow site. <br />Finally, before issuing anyrecreational marijuanalicense, the OLCC must request a statement <br />from the city that the requested license is for a location where the proposed use of the land is a <br />permitted or conditional use. If the proposed use is prohibited in the zone, the OLCC may not <br />issue a license. A city has 21 days to act on the OLCC’s request, but when that 21 days starts to <br />run varies: <br />If the use is an outright permitted use, 21 days from receipt of the request; or <br />If the use is a conditional use, 21 days from the final local permit approval. <br />I have heard that the new legislation ends “card stacking” and puts limits on the <br />amount of marijuana at a medical marijuana grow site. What are those limits? <br />Generally, a medical marijuana grow site may have up to 12 mature plants if it is located in a <br />residential zone, and up to 48 mature plants if it is located in any other zone. However, there are <br />exceptions for certain existing grow sites. If all growers at a site had registered with the state by <br />January 1, 2015, the grow site is limited to the number of plants that were at the grow site as of <br />December 31, 2015, not to exceed 24 mature plants per grow site in a residential zone and 96 <br />mature plants per grow site in all other zones. A grower loses the right to claim those <br />exceptions, however, if the grower’s registration is suspended or revoked. <br />In addition to possessing mature marijuana plants, a medical marijuana grower may possess the <br />amount of usable marijuana that the person harvests from the mature plants, not to exceed 12 <br />pounds of usable marijuana per mature plant for outdoor grow sites and 6 pounds of usable <br />marijuana per mature plant for indoor grow sites. <br />Frequently Asked Questions About Local Regulation of Marijuana 8 <br />May 24, 2016 <br /> <br />