(A) The Council adopts all of the following "whereas" sections of Ord. 270 as findings to support this subchapter:
(1) Whereas, the Oregon Health Authority (OHA) established a registration system for medical marijuana facilities for transferring usable marijuana and immature plants from registry cardholders, caregivers, or growers to medical marijuana facilities and from medical marijuana facilities to registry identification cardholders or designated primary caregivers of registry identification cardholders; and
(2) Whereas, the OHA adopted rules to prohibit the establishment of medical marijuana facilities within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors, outlines background check requirements, describes the security requirements, recordkeeping requirements, identifies a mechanism for enforcement of violations, describes the process for quality assurance testing, the requirements for packaging and labeling, explains the process for licensing suspension, revocation and penalties for violations; and
(3) Whereas, Oregon SB 1531 section 2, which became effective March 1, 2014, allows governing bodies of a city to adopt ordinances that impose reasonable regulations on the operation of medical marijuana facilities registered, or applying for registration, under O.R.S. 475.314 that are located in the area subject to the jurisdiction of the city.
(B) The purpose of this subchapter is to license medical marijuana facilities and to describe the restrictions upon such uses. In addition to compliance with this subchapter, every medical marijuana facility shall be compliant and follow all existing rules and regulations as outlined in the city business license in this Title 11.
(C) No part of this subchapter is intended to or shall be deemed to conflict with federal law, including but not limited to, the Controlled Substances Act, 21 U.S.C. Section 800 et seq., the Uniform Controlled Substances Act (chapter 69.50 RCW) nor to otherwise permit any activity that is prohibited under either Act, or any other local, state or federal law, statute, rule or regulation. Nothing in this subchapter shall be construed to supersede Oregon state law prohibiting the acquisition, possession, manufacture, sale or use of medical marijuana in any manner not authorized by city code. Nothing in this subchapter shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or that creates a nuisance, as defined herein. It is the intention of the City Council that this subchapter be interpreted to be compatible with state enactments and in furtherance of the public purposes that those enactments encompass.
(Ord. 270, passed 4-2-2015)