Every week, we are trying to keep our membership up-to-date on what is happening around the state with local bans and regulation. Here is this week’s local roundup:
Cities and counties piled on to the banned list with OLCC, adding fourteen new cities and four new counties to the list. While it is possible that a few more may be added, since Sunday December 27th is the official deadline, it is likely that this list is the final list of those that will have immediate bans. Any additional bans will likely be referred to voters, since those bans were not subject to the same deadline as the immediate bans. Check out the updated interactive map showing all currently listed banned cities and counties by clicking on the image below!
Klamath County: Klamath County Commissioners are preparing for a possible repeal of their ban in the May 2016 Election, according to the Herald and News. Proponents for marijuana collected enough signatures to place the repeal on the May 2016 Election Ballot. If the measure wins, it will overturn the ban on medical and retail marijuana outlets for Klamath County. Way to go citizens of Klamath County!
Hines: The Hines City Council decided not to opt-out of marijuana businesses, despite having very little opportunity for them to exist in their jurisdiction, according to the Burns Times Herald. A few Council members supported allowing marijuana businesses, while others were opposed to the businesses. In the end, they allowed the deadline to pass without implementing a ban in order to be eligible for distributed tax revenues from marijuana in the coming years.
Deschutes County: Deschutes County decided to pass a temporary moratorium to ban marijuana businesses in last Monday’s meeting, according to the Bend Bulletin. The vote was unanimous, but it is only a temporary ban for 90 days. They expect to revisit the ban with more information on potential challenges to regulation, rather than to put it to voters in the November 2016 Election - although that option still remains.
Newberg: The Newberg City Council has received recommendations from the city’s marijuana subcommittee on time, place and manner restrictions, according to the Newberg Graphic. The recommendations will allow growers for up to two patients and 12 plants to exist indoors without any additional permitting required in some residential zones, but will not allow outdoor growing in those zones and will require additional permitting for others. The group expects to meet again on January 7.
Sublimity: The Sublimity City Council passed a moratorium with a referral to voters to ban marijuana licensed activity, according to the Statesman Journal. The City Council debated simply relying on business licensing to prevent marijuana businesses in the city, but after input for the city lawyer, they opted to put the issue to voters to “fortify” the city’s position. The City Council is banking on voters approving the ban, since 63% of Sublimity voters opposed Measure 91.
McMinnville: The McMinnville City Council and Planning Commission both unanimously rejected a buffer zone proposed by Linfield College to prevent marijuana retail outlets from existing 1000 feet around its campus, according to the Yamhill Valley News Register. The buffer request was a reaction to a proposed dispensary at the corner of Linfield Avenue and Baker Street. The request was not received well, with several people noting that the college was definitely not a “drug free campus” and that most college students were of age and should be treated like adults.
Cove: The Cove City Council passed an ordinance to ban marijuana licensed activity at their last meeting, according to the Register Guard. The vote means that they managed to beat the state deadline of December 27th and the ban will take effect immediately.
The OLCC has updated the list of banned counties and cities. Four counties and fourteen cities were added as the December 27, 2015 deadline for immediate bans approached. Those currently listed (* indicates new listing) with the OLCC include:
| Immediate bans (>55% voted No on M91) |
Moratorium with voter referral for ban (<55% voted No on M91) |
| Counties:
Baker County Crook County Grant County * Harney County Klamath County Malheur County Morrow County Sherman County Umatilla County Union County Wallowa County * Wheeler County Cities: Adrian Baker City Boardman Burns Canyon City Cove * Dayville Elgin Grass Valley Heppner Hubbard Ione Irrigon Island City John Day Jordan Valley Joseph * Klamath Falls LaGrande Lexington Merrill * Monument * Moro Mount Vernon North Powder * Nyssa Ontario Prairie City Richland Rufus * Spray Ukiah Umatilla Vale Wallowa Wasco * The city of Hubbard is unique in this list, as it has adopted a temporary ordinance to ban marijuana which expires on August 1, 2016 or when the city adopts zoning and other regulations for marijuana facilities, whichever comes first, according to the footnote on the OLCC listing. |
Counties:
Deschutes County * Douglas County Jefferson County Lake County * Linn County Marion County Cities: Aumsville Brownsville Coburg Creswell Damascus Eagle Point Fairview Gervais Gladstone Grants Pass Halsey Junction City Lake Oswego * Lebanon Lyons * Manzanita Medford * Mill City Millersburg Milton-Freewater * Mount Angel * Myrtle Point Oregon City Pendleton * Sandy Shaniko Sutherlin Sweet Home Tangent *
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It seems like a bit misleading to have Marion County in the list as its ban only applies to unincorporated parts of the county, meaning it wouldn’t affect Salem or any other cites. It would be interesting to know if any other counties have similar bans or if all the other bans apply to both incorporated and unincorporated areas of the county,
Hello Mike. The list above represents the official list of cities and counties that have notified the OLCC under HB 3400 of their intent to ban licensed activity (the source is linked above the table with the list). Marion County is one of the counties that notified the OLCC that they were banning licensed activity. However, since they did not vote at least 55% opposed to M91, the ban is actually a moratorium that will be referred to voters to determine the final outcome in the November 2016 Election (which is true of all yellow colored cities/counties on the map and all those on the right side of the table).
The way that cities and counties work broadly in Oregon keeps them distinct, so any county on the list above only applies to the unincorporated areas of the county. All cities within each county have the ability to ban or allow licensed sales within their jurisdictions. So while it might be legal to grow, process and sell marijuana within a city, it might be forbidden in the county in which the city resides so the licensee would need to be within the city’s limits. Likewise, the reverse is true - any city that bans activity and is located within a county that allows it would mean that a licensee would need to be outside the city’s limits to exist lawfully.