ORS 475C.449 Local time, place and manner regulations

(1)

For purposes of this section, “reasonable regulations” includes:

(a)

Reasonable conditions on the manner in which a marijuana producer that holds a license issued under ORS 475C.065 may produce marijuana or in which a researcher of cannabis that holds a certificate issued under ORS 475C.289 may produce marijuana or propagate immature marijuana plants;

(b)

Reasonable conditions on the manner in which a marijuana processor that holds a license issued under ORS 475C.085 may process marijuana or in which a researcher of cannabis that holds a certificate issued under ORS 475C.289 may process marijuana;

(c)

Reasonable conditions on the manner in which a marijuana wholesaler that holds a license issued under ORS 475C.093 may sell marijuana at wholesale;

(d)

Reasonable conditions on the manner in which a marijuana retailer that holds a license issued under ORS 475C.097 may sell marijuana items;

(e)

Reasonable limitations on the hours during which a premises for which a license has been issued under ORS 475C.005 to 475C.525 may operate;

(f)

Reasonable requirements related to the public’s access to a premises for which a license or certificate has been issued under ORS 475C.005 to 475C.525; and

(g)

Reasonable limitations on where a premises for which a license or certificate may be issued under ORS 475C.005 to 475C.525 may be located.

(2)

Notwithstanding ORS 30.935, 215.253 (1) or 633.738, the governing body of a city or county may adopt ordinances that impose reasonable regulations on the operation of businesses located at premises for which a license or certificate has been issued under ORS 475C.005 to 475C.525 if the premises are located in the area subject to the jurisdiction of the city or county, except that the governing body of a city or county may not:

(a)

Adopt an ordinance that prohibits a premises for which a license has been issued under ORS 475C.097 from being located within a distance that is greater than 1,000 feet of another premises for which a license has been issued under ORS 475C.097.

(b)

Adopt an ordinance that imposes a setback requirement for an agricultural building used to produce marijuana located on a premises for which a license has been issued under ORS 475C.065 if the agricultural building:

(A)

Was constructed on or before July 1, 2015, in compliance with all applicable land use and building code requirements at the time of construction;

(B)

Is located at an address where a marijuana grow site first registered with the Oregon Health Authority under ORS 475C.792 on or before January 1, 2015;

(C)

Was used to produce marijuana pursuant to the provisions of ORS 475C.770 to 475C.919 on or before January 1, 2015; and

(D)

Has four opaque walls and a roof.