Clackamas County Marijuana Land Use Regulations Approved by Board of County Commissioners

Updated: Jan. 6, 2016

After months of study, research, public input, Planning Commission hearings and Board of County Commission hearings, the Clackamas County Board of Commissioners approved marijuana land use regulations by voice vote at the end of a land use hearing on Dec. 2, 2015, and approved on the final ordinance Dec 17, 2015. This document provides a brief overview of the regulations, including where marijuana businesses will be allowed in unincorporated Clackamas County and some of the major conditions that will apply. This document is for informational purposes only and is not intended as legal guidance. In addition to new marijuana land use regulations, marijuana businesses will have to comply with the same building, fire and other codes that apply to businesses in Clackamas County, as well as to Oregon Liquor Control Commission (OLCC) requirements for recreational marijuana and Oregon Health Authority (OHA) requirements for medical marijuana. The regulations are available in the Zoning & Development Ordinance (ZDO).

The marijuana land use ordinance approved by the Board of County Commissioners ...

... Apply only to unincorporated Clackamas County, and set limits on where and how various marijuana businesses can operate;

... Do not apply to: Noncommercial growing or processing of recreational marijuana, as allowed by state law without a license from OLCC

  • Growing medical marijuana by a medical marijuana cardholder at the cardholder's residence as long as no more than 12 mature plants are grown at that address (up to 6 mature plants per cardholder are permitted by state law)
  • Processing of medical cannabinoid products or concentrates by a medical marijuana cardholder, or a designated primary caregiver for a cardholder

... Do apply to: Recreational marijuana businesses (growing, processing, wholesaling or retailing) licensed by the OLCC

  • Growing medical marijuana for a medical marijuana cardholder at an address other than the address where the cardholder resides or at an address where more than 12 mature marijuana plants are produced
  • Processing of medical marijuana except for processing of medical cannabinoid products or concentrates by a medical marijuana cardholder, or a designated primary caregiver for a cardholder
  • Retailing medical marijuana
ZONING DISTRICT MARIJUANA BUSINESS
  Production/Grow Processing Wholesaling Retailing
URBAN ZONES
Business Park (BP), Light Industrial (LI), General Industrial (GI) Primary use## ++ Primary use## ++ Primary use## ++ PROHIBITED
Village Office (VO) PROHIBITED Primary use##; extract and concentrate processing prohibited PROHIBITED PROHIBITED
Corridor Commercial (CC), General Commercial (C-3), Station Community Mixed Use (SCMU), Office Commercial (OC) PROHIBITED Primary use##; extract and concentrate processing prohibited PROHIBITED Primary use***
Neighborhood Commercial (NC), Community Commercial (C-2), Regional Center Commercial (RCC), Retail Commercial (RTL), Planned Mixed Use (PMU), Regional Center Office (RCO) PROHIBITED PROHIBITED PROHIBITED Primary use***
RURAL ZONES
Exclusive Farm Use (EFU), Ag/Forest (AG/F) Primary use* +++ Primary use* +++; extract and concentrate processing prohibited PROHIBITED PROHIBITED
Timber (TBR) Primary use* +++ PROHIBITED PROHIBITED PROHIBITED
Rural Residential Farm Forest 5 Acre (RRFF5), Farm Forest 10 acre (FF10) Primary use** PROHIBITED PROHIBITED PROHIBITED
Rural Commercial (RC), Rural Tourist Commercial (RTC) PROHIBITED PROHIBITED Primary use## + Primary use***
Rural Industrial (RI) Primary use## ++ Primary use## ++ Primary use## ++ PROHIBITED

*Conditions for production and processing are set for minimum lot size, minimum set-back from lot line, indoor processing only, access, odor, noise, lighting, security cameras, water and waste management. Some standards may not apply to medical marijuana production and processing, but in that case indoor production and processing must maintain a larger lot line setback than would otherwise apply. **Conditions for production in rural residential zones include those mentioned above, as well as requirements that the owner or licensee/registrant lives on the property, the business be in completely enclosed buildings and building size limits. Some of the standards may not apply to medical marijuana production, but in that case indoor production must maintain a larger lot line setback than would otherwise apply (details in ZDO Section 841). ***Conditions for retailing include operating hours, odor, window service (not allowed), waste management, minors (not allowed on premises unless allowed by state law), no co-location of related activities and uses, and minimum separation distances. ##Use must be confined to completely enclosed buildings. +4,000 sq. ft. total building space limit/property. ++20,000 sq. ft. total building space limit/property for all marijuana-related land uses on the property. +++It's not clear whether state law permits medical marijuana production in EFU, AG/F and TBR or medical marijuana processing in EFU and AG/F. Resolution may require state legislative action or a court decision.

The regulations do not permit any recreational or medical marijuana businesses – production, processing, wholesaling or retailing – in the following zoning districts:

Urban Residential Districts

  • Future Urban 10-Acre (FU-10)
  • High Density Residential (HDR)
  • Medium Density Residential (MR-1)
  • Medium High Density Residential (MR-2)
  • Planned Medium Density Residential (PMD)
  • Regional Center High Density Residential (RCHDR)
  • Special High Density Residential (SHD)
  • Urban Low Density Residential (R-2.5, R-5, R-7, R-8.5, R-10, R-15, R-20, R-30)
  • Village Standard Lot Residential (VR-5/7)
  • Village Small Lot Residential (VR-4/5)
  • Village Townhouse (VTH)
  • Village Apartment (VA)

Rural Residential Districts

  • Hoodland Residential (HR)
  • Mountain Recreational Resort (MRR)
  • Recreational Residential (RR)
  • Rural Area Residential 1-Acre (RA-1)
  • Rural Area Residential 2-Acre (RA-2)

Urban Commercial Districts

  • Office Apartment (OA)
  • Village Community Service (VCS)

Urban Industrial Districts

  • Campus Industrial (CI)

Requirements for marijuana businesses include the following.

PRODUCTION AND PROCESSING:

  • Access off a private road or easement requires agreement from others property owners with access rights
  • Lights: inside lights not visible outside a building and outdoor grow lights not used, 7 p.m.-7 a.m.; other exterior fixtures designed to direct light downward and so it does not spill onto adjacent lots
  • Noise: HVAC equipment and generators may not produce noise exceeding 50 dB(A) at lot line
  • Odor: Many requirements, including use of an activated charcoal filtration system, negative air pressure maintained inside the building, filtration system designed and stamped by a licensed mechanical engineer
  • Security cameras: If used, may only be directed to subject property and public rights-of-way, except as required otherwise by the state
  • Waste management: Waste stored in secure receptacle in possession of licensee
  • Water: Must submit proof of water right or statement water is supplied from a public or private system, or statement from state that water right is not required

RETAIL:

  • Hours: 10 a.m. – 9 p.m.
  • Odor: Many requirements, including use of an activated charcoal filtration system, negative air pressure maintained inside the building, filtration system designed and stamped by a licensed mechanical engineer
  • Waste management: Waste stored in secure receptacle in possession of licensee
  • No smoking, ingesting or consuming in retail building; no retail on same lot as marijuana smoking or social club
  • Minimum separation distances:
    • 100 feet from residentially-zoned property except if street frontage on principal interstate, expressway, etc.
    • 2,000 feet from elementary or secondary schools, including property and parking lots
    • 1,500 feet from public parks, playgrounds, libraries; government-owned recreational use, licensed treatment center, light rail transit station or multi-family dwelling owned by a public housing authority
    • 500 feet from a licensed daycare facility or preschool, including associated property and parking lot
    • 1,000 feet for other marijuana retailer of the same type (e.g., recreational or medical)

For More and Updated Information:

The Commission plans to have new regulations in place by January 2016, when the Oregon Liquor Control Commission (OLCC) is required to begin accepting applications for licenses related to marijuana businesses.


STATE BACKGROUND: In November 2014, Oregon voters approved Measure 91, legalizing the use of marijuana for personal recreational use. In 2015, the State Legislature approved five bills that amend and provide regulations related to recreational and medical marijuana. State law gives the county the authority to adopt "reasonable regulations" regarding recreational and medical marijuana. The law defines four types of marijuana business:

  • Production: manufacture, 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
  • Retailing: selling marijuana items to a consumer in Oregon

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