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FAQ: Can Local Governments Ban Medical Marijuana Outlets?

The General

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Medford's restrictions set the stage for what is likely to be a legal battle over whether local governments in Oregon have a say in regulating medical marijuana outlets in the wake of House Bill 3460.

What is House Bill 3460?
The law, signed in July by Gov. John Kitzhaber, creates a registry of businesses that sell medical marijuana. Patients have long sought retail access to cannabis, arguing the state's rules grow your own marijuana or have someone do it for you are unrealistic.

Can anyone open a medical marijuana facility?
The person responsible for the facility must be an Oregon resident. People convicted of felony manufacturing or delivery of a controlled substance are prohibited.

What are the rules on where these establishments can operate?
The law restricts facilities from operating within 1,000 feet of a school or 1,000 feet of another facility. They may only operate in farm or commercial zones but can't be in the same location as a medical marijuana grow site.

I drive by a place advertising medical marijuana on my way to work every day. Is that legal?
Not quite. The state is crafting rules for the industry and won'â„¢t begin issuing licenses until early next year. For now, the estimated 100 medical marijuana establishments operating in Oregon today are not protected by state law.

Can local governments ban or limit these establishments?
The bill's co-sponsor, Rep. Peter Buckley, D-Ashland, said regulation of these establishments should be left to the state. The League of Oregon Cities has advised Oregon's 242 cities that they may impose restrictions on these establishments or prohibit them altogether.

How are cities responding to the law?
On Sept. 5, the Medford City Council revised its municipal code, requiring businesses to meet county, state and federal law. The changes went into effect immediately. Grants Pass leaders are considering a similar ban. Gresham also doesn't issue business licenses to establishments in violation of federal law. Portland officials say they don'â„¢t plan to limit dispensaries.


News Hawk - The General @ 420 MAGAZINE ®
Source: Oregonlive.com
Author: Noelle Crombie
Contact: Contact Us | Oregonian Media GroupOregonian Media Group
Website: FAQ: Can local governments ban medical marijuana outlets? | OregonLive.com
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