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(A) Purpose and intent.
(1) State law authorizes the operation of medical marijuana facilities and provides those facilities with immunity from state criminal prosecution.
(2) State law may authorize the operation of recreational marijuana facilities in the future.
(3) Although the state has passed legislation authorizing medical marijuana facilities and providing criminal immunity under state law, and may do the same in the future with respect to recreational marijuana facilities, the operation of those facilities remains illegal under federal law.
(4) The City Council has home rule authority to decide whether, and under what conditions, certain commercial conduct should be regulated with the city and subject to the general and police powers of the city, except when local action has been clearly and unambiguously preempted by state statute.
(5) Whether and where certain business should operate within the local jurisdiction are local government decisions, and local governments may enforce those decisions through the general and police powers of the jurisdiction.
(6) The City Council wants to regulate the operation in the city of medical marijuana facilities now, and recreational marijuana facilities in the future when authorized by state law, in ways that protect and benefit the public health, safety, and welfare of existing and future residents and businesses in the city.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MARIJUANA. All part of the plant Cannabis family Moraceae, whether growing or not, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin. It does not include the mature stalks of the plant, fire produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
MARIJUANA FACILITY. Any facility or operation designed, intended or used for the purpose of delivering, dispensing or transferring marijuana or medical marijuana.
MEDICAL MARIJUANA. Refers to marijuana dried, produced, processed, kept, stored, delivered, transferred, dispensed or otherwise provided for the exclusive benefit of and use by a person to mitigate symptoms or effects of person’s debilitating medical condition as defined in ORS 475.302, including any amendments thereto.
OPERATOR. A person who owns, operates or otherwise has legal responsibility for a marijuana facility. All operators must meet the qualifications established by the Oregon Health Authority, if any, and be approved by the Oregon Health Authority to operate a registry, if applicable.
PRINCIPAL. Members, partners, or corporate officers, and all stockholders holding more than 10% of the voting stock for any operator who is not a natural person.
REGISTRATION IDENTIFICATION CARD. A document issued by the Oregon Health Authority that identifies a person authorized to engage in the medical use of marijuana, and the person’s designated caregiver, if any.
SCHOOL. A public or private elementary, secondary, or career school as those terms are defined by the Oregon Health Authority.
(Ord. 439, passed 7-27-15)