Clackamas Marijuana Dispensary Update
The Oregonian did a round-up of the Clackamas marijuana regulations pertaining to medical marijuana facilities now that May 1st has passed. Last February, during the supplemental session, HB 1531 allowed local governments to impose moratoriums on dispensaries until May 1st, 2015. Many people in the cannabis industry are interested in what actions Clakamas county and cities in Clackamas county, have taken as the deadline has passed. The interest lies not just in understanding where a facility may open. Cultivators, processors and potential participants also wonder if these decisions might be reflective of what is to come for regulating the rest of the medical cannabis industry as well as the recreational program.
We would caution not to extrapolate too much from these decisions. There are many months of the Oregon legislative session left and local preemption (not allowing cites and counties to make aggressive individual decisions) is an issue on the table.
Click here for a link to the entire Oregonian article and a summary is below.
Oregon City: No, indefinitely. Any dispensary trying to open in Oregon City would need a business license, and the city passed an ordinance in 2012 stating that no license shall be issued to any business prohibited by local, state or federal law.
West Linn: No, indefinitely. Without taking a vote, West Linn city councilors agreed on April 20 to support existing business license regulations similar to Wilsonville’s that disallow licensing medical marijuana dispensaries as long as they violate federal law.
Wilsonville: No, indefinitely. Like Oregon City and West Linn, Wilsonville is relying on business license limitations to prohibit medical marijuana dispensaries. However, the city took an extra step to send a clear message that dispensaries can’t locate there.
Milwaukie: Yes, conditionally. Of the five most populous cities in Clackamas County, Milwaukie is the only one to regulate, rather than ban, medical marijuana dispensaries.
Lake Oswego: No, not this year. Lake Oswego city councilors on April 21 passed an ordinance prohibiting medical marijuana dispensaries from locating in the city for another year.
Based on these individual jurisdictional decisions it is clear that many parts of Clackamas county have approached regulating medical marijuana dispensaries with an eye towards how to prohibit them and not to accommodate. Many of these decisions go far beyond just time, place and manner. We are assuming that a number of these jurisdictions may wind up in litigation.