Marijuana land use laws and regulations

Upcoming meetings and public hearings

Nov. 26, 2018 Planning Commission Public Hearing on Proposed Marijuana Production License Limits
6:30 p.m.
Development Services Building Auditorium, 150 Beavercreek Road, Oregon City
Jan. 16, 2019 Board of Commissioners Public Hearing on Proposed Marijuana Production License Limits
9:30 a.m.
Board Hearing Room, Public Services Building, 2051 Kaen Road, Oregon City

Proposed amendments

The Planning Commission and Board of Commissioners will hold public hearings to consider proposed amendments to Zoning and Development Ordinance 841, Marijuana Production, Processing, and Retailing.  The amendments, if approved, would impact three zoning districts by limiting a tract (one or more contiguous lots of record under the same ownership) to the following:

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

The only zoning districts that would be affected by this amendment are:

  • Ag/Forest (AG/F)
  • Exclusive Farm Use (EFU)
  • Timber (TBR)

No other substantive amendments to the County’s marijuana land use regulations will be considered with this proposal.  Other minor proposed changes to ZDO-271 would make non-substantive text amendments to clarify current marijuana land use regulations. 

The draft amendments are available for people to review online or in person at the Planning & Zoning Division, Development Services Building 2nd floor, 150 Beavercreek Road, Oregon City. Some basic questions and answers are available here.

For more information, contact Glen Hamburg at 503-742-4523 or ghamburg@clackamas.us

Clackamas County is committed to providing meaningful access and will make reasonable accommodations, modifications, or provide translation, interpretation or other services upon request.
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Planning Commission public hearing details

Everyone is welcome to attend the public hearing to listen.

People who would like to testify are welcome to do so orally or in writing, at the hearing and/or in advance of the hearing.

Oral testimony:

  • Speakers are generally called up in the order in which they sign in
    • Sign-ins will be accepted beginning 30 minutes before the hearing
  • There is usually a 3-minute time limit for each speaker.
  • Speakers are encouraged to focus on the specific proposed amendments in question. 
  • Speakers are encouraged to also submit their comments in writing, either in advance or at the hearing.

Written testimony:

  • Written testimony may be submitted by US mail, by email, dropped off at the Planning & Zoning Division or brought to the hearing. Mail or drop off written testimony to Glen Hamburg, 150 Beavercreek Road, Oregon City, OR, 97045, or email to ghamburg@clackamas.us.
  • Written correspondence received by 4 pm, Wednesday, Nov. 14, 2018, will be included in the information packet sent to the Planning Commission members one week before their hearings.
  • Written testimony received after 4 p.m., Nov. 14, but before the hearing will be emailed to the Commission members or given to them the day of the hearing. 

Next steps

  • Once the testimony is completed, Planning Commission members will deliberate and act on a recommendation to send to the Board of County Commissioners.  That deliberation will take place the same night as the hearing or two weeks later, on Dec. 10, if there is not enough time to deliberate on Nov. 26.
  • A final decision on whether to adopt, not adopt or revise the proposed amendments will be made by the Board of County Commissioners after its public hearing on January 16, 2019.

Background

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.

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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

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