Marijuana Land Use Regulations
The Clackamas County Board of County Commissioners concluded its marijuana land use hearing today with a 4-1 vote to approve the staff-proposed regulations, with amendments approved by the commission. Commissioners Jim Bernard, Martha Schrader, Tootie Smith, and Chair John Ludlow voted yes. Commissioner Paul Savas voted no.
The commissioners also voted 3-2 not to move forward with the option to “opt-out” of allowing one or more types of marijuana business in unincorporated Clackamas County. The opt-out option would have required the county to call for a public vote, would have disqualified the county from receiving its share of state marijuana tax revenue, and would have prohibited the county from referring a local tax on marijuana sales to voters. Commissioners Jim Bernard, Tootie Smith, and Chair John Ludlow voted against opting out. Commissioners Paul Savas and Martha Schrader voted in support of opting out.
The approved regulations, which will be voted on in ordinance form on Dec. 17, allow marijuana businesses in the following zones:
- Retail: commercial zones, both urban and rural
- Wholesale: light industrial zones, rural commercial and industrial zones
- Processing*: urban industrial, corridor commercial, general commercial, station community mixed use and office commercial, exclusive farm use (EFU), ag/forest and rural industrial (*in all zones except urban and rural industrial zones, extract and concentrate processing is prohibited)
- Producing/Growing: urban industrial, exclusive farm use (EFU), ag/forest, timber, rural residential farm-forest 5-acre, farm-forest 10-acre, and rural industrial.
These regulations only apply in unincorporated Clackamas County. There are 29 zoning districts in which no marijuana commercial business is allowed at all, including all urban residential districts and many rural residential districts.
The regulations also include requirements marijuana businesses must meet in relation to a variety of time, place and manner issues, including odor, lighting, security, waste management, minimum separation distances, water, access and hours. Details are available on the attached Overview of Clackamas County Marijuana Land Use Regulations Approved by Board of County Commissioners, Dec. 2, 2015.
The regulations are the result of several months of meetings, research, Planning Commission public hearings, and board public hearings.
Details are available on the County’s Marijuana Land Uses website at www.clackamas.us/planning/marijuana.html.