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:
- Add fence design standards;
- Allow the processing of marijuana concentrates and extracts in the exclusive farm use (EFU) and agriculture/forest (AG/F) zones, subject to certain standards;
- Amend regulations as needed to conform to changes in state law and regulations, and
- Make minor edits to increase the clarity of the current regulations.
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 approved regulations allow marijuana businesses in the following zones:
- Retail – commercial zones, both urban and rural
- Wholesale – urban industrial zones, rural commercial and industrial zones
- Processing* – urban industrial, corridor commercial, general commercial, station community mixed use and office commercial, exclusive farm use (EFU), ag/forest and rural industrial (*in all zones except urban and rural industrial zones, extract and concentrate processing is prohibited)
- Producing/Growing – urban industrial, exclusive farm use (EFU), ag/forest, timber, rural residential farm-forest 5-acre, farm-forest 10-acre, and rural industrial.
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.
None at this time.
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.
State law gives the county the authority to adopt "reasonable regulations" regarding recreational marijuana use. 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
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.
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.
The Board of County Commissioners encourages interested stakeholders to voice their opinions about marijuana issues related to land use.
Board of County Commissioners:
- Phone: 503-655-8581
- Mail: Public Services Building, 2051 Kaen Rd., Oregon City, OR 97045
- Phone: 503-742-4500
- Mail: Development Services Building, 150 Beavercreek Rd., Oregon City, OR 97045