Marijuana land use laws and regulations

Sites for marijuana production limited to one per tract

A new zoning ordinance went into effect March 1, 2019, which limits the number of marijuana production premises permitted on a tract of land in three specific zoning districts.

The ordinance, ZDO-271, permits only one State-authorized marijuana production site on a tract of land (one or more contiguous lots of record under the same ownership) in the Ag/Forest (AG/F), Exclusive Farm Use (EFU) or Timber (TBR) zoning districts. That means the tract of land is limited to one of two production sites:

  • Only one premises licensed for recreational marijuana production by the Oregon Liquor Control Commission (OLCC) or
  • Only one medical marijuana grow site registered by the Oregon Health Authority (OHA).

Ordinance amendments

Multiple OLCC-licensed production premises and/or OHA-registered grow sites already located on a single tract may be considered a “legal nonconforming” use (sometimes referred to as “grandfathered”), but that determination will be made on a case-by-case basis through the review of a land use application. Owners or licensees of such sites are encouraged to contact the county to discuss the details.

Questions? Contact Glen Hamburg at ghamburg@clackamas.us or 503-742-4523.

Previous Actions

2017

The Board of County Commissioners approved narrowly defined sets of amendments to county regulations to do the following:

  • Add fence design standards;
  • Allow processing marijuana concentrates in the exclusive farm use (EFU) and agriculture/forest (AG/F) zones, subject to certain standards;
  • Conform to changes in state law and regulations, and
  • Increase the clarity of the current regulations.

2015-16

In November 2016, county voters approved a 3% sales tax on recreational marijuana. The tax, which only applied to unincorporated areas of the County, took effect Feb. 8, 2017.

In December 2015, the Board of County Commissioners adopted land use regulations for marijuana production, processing, wholesaling and retailing.

  • 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.

The approved regulations allowed marijuana businesses in the following zones:

  • Retail
    Most commercial zones, both urban and rural
  • Wholesale
    Most urban industrial zones, rural commercial and industrial zones
  • Processing*
    Most urban industrial, corridor commercial, general commercial, station community mixed use and office commercial, exclusive farm use, ag/forest and rural industrial
    *in all zones except urban and rural industrial zones, the type of products that may be processed is limited
  • Producing/Growing
    Urban industrial, exclusive farm use, ag/forest, timber, rural residential farm-forest 5-acre, farm-forest 10-acre and rural industrial.

The regulations apply only in unincorporated Clackamas County.

  • 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 include requirements that 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.

2014-15

In November 2014, Oregon voters approved Measure 91, legalizing marijuana for personal recreational use. Recreational marijuana became legal for personal use in Oregon on July 1, 2015.

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

The law defines four categories of recreational marijuana uses:

  • Production
    Manufacturing, planting, cultivation, growing or harvesting of marijuana in Oregon
  • Processing
    Processing, compounding or conversion of marijuana into cannabinoid products, concentrates, or extracts; excluding packaging or labeling
  • Wholesaling
    Purchasing marijuana items in Oregon for resale to a person other than a consumer in Oregon
  • Retail/dispensary
    Selling marijuana items to a consumer in Oregon

Phone:503-742-4500
Email:zoninginfo@clackamas.us

150 Beavercreek Road Room #225 Oregon City, OR 97045

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