Oregon: City Council OKs Medical Marijuana Businesses

Jacob Redmond

Well-Known Member
Medical marijuana dispensaries and grow operations will be allowed in mostly industrial areas of Gresham after the City Council approved rules and fees to establish the businesses Tuesday night.

In a 4-to-3 vote, councilors approved allowable time, place, and manner for the businesses after more than an hour debate. The legislation does not apply to businesses looking to sell the drug for recreational uses.

Business can begin to register May 6.

Councilors Kirk French, Karylinn Echols, Mario Palmero and Lori Stegmann voted in favor. Mayor Shane Bemis, Council President Jerry Hinton and Councilor Michael McCormick voted against.

Some of the rules go a step further than the minimum requirements of state law: all employees will require background checks, instead of just the manager. Businesses can only set up in zones that have no residential uses, which excludes many commercial areas and leaves mostly industrial sites as possibilities.

A person will have to pay $250 at the time of the business application and an additional $5,000 once the document is completed and reviewed by the city. To renew the license every year, the cost remains at $5,000. All fees are non-refundable.

The cost pays for the staff time needed to process the paperwork and inspect the businesses, said Eric Schmidt, director of Community Development Services.

The mayor said the decision was tough because leaders have to find the balance of allowing decriminalization of the drug to move forward yet maintain the character of the city.

To get a sense of the city's appetite for marijuana, more than 51 percent of Gresham's 35,556 votes on Ballot Measure 91 last year said yes to allow the recreational use of the drug, according to City Council records. Gresham, the state's fourth largest city, has a population near 110,000,

The city also received 517 responses to a questionnaire about medicinal-use businesses with 54 percent of the respondents supporting dispensaries and 59 supporting grow operations.

"From a pure standpoint of ... government, I struggle with the amount of fees and regulations because I can bet you can walk into any number of taverns, bars or whatever and you can probably find a felon behind the bar," Bemis said. He questioned the fairness of the $5,000 renewal fees, the highest of any business in the city.

Echols said she supported the areas chosen for the businesses.

"I'm not on the recreational train at all at this point," Echols said. "I'm comfortable with medical marijuana. I personally believe it's between a physician and a patient."

Echols helped sway Stegmann to approve the proposal because she was hesitant about pending state Senate legislation that could require changes by the city next year. Bemis and McCormick also said they worried about the impact from any new laws coming from Salem.

Senate Bill 844 could change zoning requirements but wouldn't apply until March 2016, said David Ris, city attorney.

"Originally when I was thinking let's just wait, I wasn't really thinking so much about patients who need it medically," Stegmann said. "Those people should be entitled to those services."

Hinton said his no vote reflects a large contingency of folks who want to protect their loved ones from another intoxicant, despite medicinal or recreational use.

"I need to represent that half of the citizens of Gresham that did not vote for marijuana," Hinton said. "If fact, I believe it could be argued that it's a greater amount than half if you consider the families that are connected."

Gresham follows Hillsboro and Tigard this year to consider regulations on businesses that sell pot and others that grow the plant.

"Of the 242 incorporated cities in Oregon, we know at least 34 have adopted some form of a time, place or manner regulation," Kevin Toon, communications manager for the League of Oregon Cities, said Monday.

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