Local Governments May Prohibit Medical Marijuana Facilities
With the passage of House Bill 3400 and Senate Bill 460, passed in the 2015 legislative session, local governments in Oregon may adopt ordinances that prohibit the establishment of medical marijuana dispensaries or medical marijuana processing sites within their jurisdiction, and/or prohibit early recreational sales of limited marijuana products.
In the 2016 legislative session, House Bill 4014 was passed, which allows for cities and counties to repeal an ordinance prohibiting marijuana businesses.
Timeline for adopting an ordinance
Counties (or a city located in a county) that voted against Measure 91 by a margin of 55% or more must have adopted the ordinance within 180 days of the effective date of HB 3400, which was no later than December 28, 2015.
Counties (or a city located in a county) that did not vote against Measure 91 by 55% or more must refer the ordinance to voters during the next general election.
Notifying the Oregon Health Authority
A city or county that adopts or repeals an ordinance prohibiting a dispensary or marijuana processing site must provide the following to OHA as soon as the ordinance is adopted or repealed:
If a city or county has not adopted an ordinance pursuant to House Bill 3400, but pursuant to some other asserted authority, the Authority will continue to issue dispensary registrations to an applicant that otherwise meets the statutory criteria, unless an applicant withdraws the application.
On April 1, 2016, the Oregon Medical Marijuana Program began accepting applications for medical marijuana processing sites. Applications submitted in a city or county that has adopted an ordinance prohibiting the establishment of processing sites in accordance with ORS 475B.800 or section 133, chapter 614 Oregon Laws 2015 will not be registered by the Authority.
If a city or county passes a vote to allow medical marijuana dispensaries or processors, the Authority will begin registering the applicants on January 2, 2017. ORS 475B.800.