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Yes. Under SB 460, a city may adopt an ordinance prohibiting the early sales described above. The city council may adopt the ordinance without referring it to the voters. If my city opts out of early sales, is the city still eligible to receive state marijuana tax revenues? Probably. HB 2041 provides that a city that adopts an ordinance “prohibiting the establishment” of marijuana businesses registered or licensed by the state is not eligible to receive state marijuana tax revenues. An ordinance prohibiting early sales under SB 460, however, would not prohibit the establishment of a state-registered or licensed facility. Rather, such an ordinance would merely limit the activities at an existing medical marijuana dispensary. As a result, a city prohibiting early sales should remain eligible to receive state marijuana tax revenues. Can my city impose a local tax on early sales? Probably not. Under ORS 475B, cities may not adopt or enact ordinances imposing a tax or fee on the production, processing or sale of marijuana items, except as provided in that legislation. ORS 475B.345 further stipulates that cities may refer an ordinance to the voters imposing a tax of up to 3 percent on sales by a person that holds a retail license issued by the OLCC. Because early sales of recreational marijuana will be made by medical marijuana dispensaries, and not by a retail licensee, a city likely is preempted from imposing a tax on early sales of recreational marijuana. However, cities interested in imposing a local tax on early sales should consult their city attorney. TIMELINE The following is a summary of key dates that local government officials need to be aware of regarding the effective date and implementation of Oregon’s new marijuana laws: January 1, 2016 – Most amendments to Measure 91 go into effect. In addition, after this date, medical marijuana growers became eligible to apply for an OLCC license to grow recreational marijuana at the same site. January 4, 2016 – The OLCC must approve or deny recreationallicense applications as soon as practicable after this date (HB 3400 § 171). In addition, medical marijuana dispensaries engaging in early sales of recreationalmarijuana must begin collecting a 25 percent state tax on those sales. March 1, 2016 – Most amendments to the OMMA go into effect. November 8, 2016 – Next statewide general election. Cities may refer measures on prohibition of marijuana activities and measures on local taxes at this election. December 31, 2016 – Early sales of recreationalmarijuana from medical marijuana dispensaries end. January 2, 2017 – OLLC and OHA begin processing applications of marijuana businesses in cities and counties where proposed bans were rejected by local voters. Frequently Asked Questions About Local Regulation of Marijuana 10 May 24, 2016