The Law of Cannabis &
Real Estate in Southern Oregon

 

Land Use Planning & Zoning Compliance

Depending on license type, different zoning restrictions may apply, however no OLCC marijuana licensed facility…

  • May be on federal property.
  • May be at the same physical location or address as a liquor licensee licensed under ORS Chapter 471 or as a retail liquor agent appointed by the Commission.
  • May be at the same physical location or address as a medical marijuana processing site registered with the OHA.
  • May be at the same physical location or address as a medical marijuana dispensary registered with the OHA.
  • With the exception of the producer license, may be in an area that is zoned exclusively for residential use.

If you are a producer:

  • You may not be located at the same physical location or address as a medical marijuana grow site registered with the OHA, unless the grow site is also licensed under ORS 475B.080.
  • May not be located on public land.

If you are a retailer:

  • Except as provided in Oregon Laws 2016, chapter 83, section 29b, the proposed licensed premises of a retail applicant may not be located within 1,000 feet of:
    • A public elementary or secondary school for which attendance is compulsory under ORS 339.020; or
    • A private or parochial elementary or secondary school, teaching children as described in ORS 339.030.

Visit the Oregon Legislature website to review complete statutes (ORS) at https://www.oregonlegislature.gov/.

Cities and counties have the ability to adopt ordinances imposing reasonable regulations on the operation of businesses located within their jurisdiction. Be sure to contact your local government to ensure you are in compliance with their local laws.

All licensed premises are to be located in Oregon. Importing or exporting marijuana items into or from the state is a local and federal offense.

Federal Marijuana Law

Despite medical cannabis laws in 44 states, cannabis is still illegal under federal law. The federal government regulates drugs through the Controlled Substances Act (CSA) (21 U.S.C. § 811), which does not recognize the difference between medical and recreational use of cannabis. These laws are generally applied only against persons who possess, cultivate, or distribute large quantities of cannabis.

Under federal law, cannabis is treated like every other controlled substance, such as cocaine and heroin. The federal government places every controlled substance in a schedule, in principle according to its relative potential for abuse and medicinal value. Under the CSA, cannabis is classified as a Schedule I drug, which means that the federal government views cannabis as highly addictive and having no medical value. Doctors may not "prescribe" cannabis for medical use under federal law, though they can "recommend" its use under the First Amendment.

Federal cannabis laws are very serious, and punishment for people found guilty is frequently very steep. Federal law still considers cannabis a dangerous illegal drug with no acceptable medicinal value. In several federal cases, judges have ruled that medical issues cannot be used as a defense, though defense attorneys should attempt to raise the issue whenever possible during trial. Federal law applies throughout Washington D.C. and the United States, not just on federal property.

As of 2016, several federal agencies have issued guidelines and other policy memorandums to manage the conflict between federal and state laws as they pertain to medical marijuana. On August 29, 2013 the Department of Justice (DOJ) issued a guidance memo to prosecutors concerning marijuana enforcement under the Controlled Substance Act (CSA) making it clear that prosecuting state legal medical marijuana cases is not a priority.   The memo included eight guidelines for prosecutors to use to determine current federal enforcement priorities. Fortunately, most medical cannabis program’s regulations require the same guidelines insuring that any business with a licenses are meeting these requirements as well. These guidelines include:

  • Preventing of distribution of marijuana to minors;
  • Preventing revenue from the sale of marijuana from going to criminal enterprises, gangs or cartels;?
  • Preventing the diversion of marijuana from states where it is legal under to state law in some form to other states;
  • Preventing state-authorized marijuana activity from being used as a cover or a pretext to traffic other illegal drugs or other illegal activity;
  • Preventing violence or the use of firearms in cultivation and distribution of marijuana;
  • Preventing drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use;
  • Preventing the growing of marijuana on public lands and the attendant public safety and environment dangers posed by marijuana production on public lands;
  • Preventing marijuana possession or use on federal property.

Resources

http://www.oregon.gov/ODA/agriculture/Pages/Cannabis.aspx
http://www.oregon.gov/olcc/Pages/index.aspx
 

Business Readiness Guidebook for Oregon Recreational Marijuana Operations: This document is intended for establishing OLCC licensed recreational marijuana businesses. Business Readiness Guidebook
Cannabis & Food Safety Information: Cannabis and food safety license handout
Cannabis & Water Quality Information: Cannabis and water quality handout
Cannabis rules & regulations workshop materials: From the Oregon Farm Bureau and Oregon Association of Nurseries workshop held October 14, 2015. Website

Contacts