Services Departments Government

Marijuana land use laws and regulations

Draft County Regulations Background Upcoming Meetings and Public Hearings State Laws and Regulations Share your input

2017

County regulations on marijuana land uses have been in effect since Jan. 4, 2016, when recreational marijuana became legal in Oregon. In spring 2017 the Board of County Commissioners approved narrowly defined sets of amendments that do the following:

  1. Add fence design standards;
  2. Allow the processing of marijuana concentrates and extracts in the exclusive farm use (EFU) and agriculture/forest (AG/F) zones, subject to certain standards;
  3. Amend regulations as needed to conform to changes in state law and regulations, and
  4. Make minor edits to increase the clarity of the current regulations.

2016

In November 2016, county voters approved a 3 percent sales tax on recreational marijuana. The tax applies to unincorporated Clackamas County and takes effect on Feb. 8, 2017.

It applies to "marijuana, cannabinoid products, cannabinoid concentrates and cannabinoid extracts," per state law. Read more about the ballot measure.

The Clackamas County Board of County Commissioners approved ZDO-254, marijuana land use issues, on Dec.17, 2016. The recreational marijuana land use provisions and medical retail provisions became effective Jan. 4, 2016; the medical marijuana production and processing provisions became effective March 1, 2016.

Marijuana Permitting Policies and Procedures

The approved regulations allow marijuana businesses in the following zones:

The regulations apply in unincorporated Clackamas County only. There are 29 zoning districts in which no marijuana commercial business is allowed at all, including all urban residential districts and many rural residential districts. The regulations do not apply to personal recreational and medical marijuana growing and production, as allowed by state law.

The regulations also include requirements marijuana businesses must meet in relation to a variety of time, place and manner issues, including odor, lighting, security, waste management, minimum separation distances, water, access and hours. Details.

Upcoming meetings and public hearings

None at this time.

top

Background

In November 2014, Oregon voters approved Measure 91, legalizing marijuana for personal recreational use. In 2015, the State Legislature approved five bills that amend and provide regulations related to recreational and medical marijuana. (Two of those bills have provisions related to marijuana land use issues.) Recreational marijuana became legal for personal use in Oregon on July 1, 2015.

At the state level, medical marijuana is and will continue to be regulated by the Oregon Health Authority; recreational marijuana will be regulated by the Oregon Liquor Control Commission (OLCC).

State law gives the county the authority to adopt "reasonable regulations" regarding recreational marijuana use. The law defines four categories of recreational marijuana uses:

The OLCC was required to adopt administrative rules by Jan. 1, 2016, to administer and implement the law to regulate recreational marijuana purchase, sale, production, processing, transportation and delivery. The OLCC began accepting license applications to produce, process, wholesale and retail recreational marijuana on Jan. 4, 2016.

top

State resources

Educate Before You Recreate: An informative and helpful quick online guide to what is legal regarding recreational marijuana use in Oregon. Also includes a general and thorough FAQ. The page is managed by the Oregon Liquor Control Commission (OLCC), which provides even more information on its marijuana webpage.

Oregon Medical Marijuana Program: An excellent resource managed by the Oregon Health Authority with lots of information about how medical marijuana is affected by the new laws. More information can also be found on OLCC’s Medical Marijuana Dispensary Program webpage.

top

Share your input

The Board of County Commissioners encourages interested stakeholders to voice their opinions about marijuana issues related to land use.

Board of County Commissioners:

Planning Commission:

top

Share this page

Development Services Building

Planning and Zoning Division

Phone number 503-742-4500
M–F 8 a.m. to 5 p.m.
Email zoninginfo@clackamas.us
Address 150 Beavercreek Road
Oregon City, OR 97045
map
Hours M–Th: 8 a.m. to 4 p.m.
F: 8 a.m. to 3 p.m.