Green Light Law Group: A Quick and Dirty List of Code Sections Applicable to Where You Can Put a Marijuana Retail License in Portland, Oregon

The Code Sections provided below may or may not be useful to people looking for property in Portland, Oregon, for the location of OLCC Marijuana Retail Licenses.

Green Light Law Group specifically makes no representation regarding the completeness or accuracy of the following, and specifically disclaims any responsibility for its use or misuse. You should consult a qualified cannabis attorney before selecting the location of any cannabis business.

Additional resources regarding the permits and occupancy requirements for a retail license in the city of Portland can be found here. Additionally, the city of Portland has promulgated administrative rules that further refine the code provisions, which can be found here.

14B.130.020 Definitions.

(Amended by Ordinance Nos. 187557, 188178, 188329, 188602, 189078 and 189183, effective September 26, 2018.) As used in this Chapter, unless the context requires otherwise, the following definitions apply:

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J. “Licensee” means a person who holds a license issued under PCC Chapter 14B.130.

K. “Licensee representative” means an owner, director, officer, manager, employee, agent or other representative of a licensee, to the extent that the person acts in a representative capacity.

L. “Licensed premises” means all public and private enclosed areas at the location that are used for the business operated at the location, including offices, kitchens, rest rooms and storerooms; all areas outside a building that the City has specifically licensed for the production, processing, wholesale sale, retail sale or transfer of marijuana and marijuana items.

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N. “Marijuana Business” means any business located within the City that is licensed or has submitted or is required to submit an application to be licensed by the Oregon Liquor Control Commission as any of the following;

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6. “Marijuana retailer” means a person who sells or makes available for purchase marijuana or marijuana items in the City.

7. “Marijuana retail courier” means a marijuana retailer who sells or makes available for purchase marijuana or marijuana items only by delivery to residences located within the City.

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Q. “Marijuana Regulatory License” means a license issued by the City to produce, process, sell or transfer marijuana and marijuana items.

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14B.130.040 Minimum Standards

(Amended by Ordinance Nos. 187391, 187557, 188178, 188602, 189078 and 189183, effective September 26, 2018.)

A. A marijuana regulatory license may only be issued for a specific, fixed location which shall be considered the licensed premises. The licensed premises must be within a building or structure subject to a building or zoning permit.

B. If the location is a medical dispensary, the location may be no closer than 1,000 feet of another medical dispensary. The distance between the dispensaries shall be computed by direct measurement of the nearest portion of the building in which one medical dispensary is located to the nearest portion of the building in which the other medical dispensary is located.

C. Except for marijuana retail couriers, if the location is a marijuana retailer, the location may be no closer than 1,000 feet of another marijuana retailer. The distance between the retailers shall be computed by direct measurement of the nearest portion of the building in which one marijuana retailer is located to the nearest portion of the building in which the other marijuana retailer is located.

D. Distance Restrictions for Dispensaries and Retailers.

1. Except for marijuana retail couriers, a marijuana regulatory license will not be granted for a medical dispensary or a marijuana retailer that is within 1,000 feet of another medical dispensary or another marijuana retailer. The distance between the dispensaries and retailers shall be computed by direct measurement of the nearest portion of the building in which one medical dispensary or marijuana retailer is located to the nearest portion of the building in which the other medical dispensary or marijuana retailer is located.

2. The distance requirement in Subsection 14B.130.040 D.1. shall not apply for applications for medical dispensary licenses received by the Director between November 1, 2015 and January 29, 2016, that meet the following criteria:

a. The medical dispensary has been:

(1) Registered, operating and in good standing with the Oregon Health Authority since on or before July 1, 2015 and had a valid City of Portland Business License on or before July 1, 2015.

(2) Registered and in good standing with the Oregon Health Authority since on or before September 30, 2015, if the Director finds that the applicant demonstrates that they incurred significant financial obligations prior to that date, such as entering a lease, hiring employees, or obtaining fixtures and equipment, and had a valid City of Portland Business License on or before September 30, 2015.

b. The medical dispensary has no outstanding compliance issues pending with the Oregon Health Authority.

c. The application for the medical dispensary has not submitted for or obtained a marijuana regulatory license for a marijuana retailer within 1,000 feet of the location to be licensed under this exception; and

d. The applicant meets all other requirements of this Chapter.

3. The requirements of Subsection D.1. shall not apply to current, valid renewal applications for medical dispensary licenses issued under Subsection D.2.

4. The distance requirement in Subsection 14B.130.040 D.l., shall not apply for applications for marijuana retail licenses received by the Director that meet the following criteria:

a. The application is from an existing medical dispensary licensee operating under a current, valid medical dispensary located within the City of Portland;

b. The marijuana retail license application is for the same address at which the medical dispensary is currently operating;

c. The medical dispensary has no outstanding compliance issues pending with the Oregon Health Authority;

d. Upon issuance of a marijuana retail license from the State an applicant, under conditional approval for a marijuana retailer license, may operate without a Marijuana Regulatory License for a period of no longer than 5 business days to allow for the transition from the medical market to the recreational market;

e. The applicant meets all other requirements of this Chapter.

E. No medical dispensary, marijuana retailer or marijuana retail courier may locate its licensed premises for business operations within 1,000 feet of:

1. Any public elementary or secondary school for which attendance is compulsory under ORS 339.020 (2013); or

2. A private or parochial elementary or secondary school, teaching children as described in ORS 339.030 (1) (a) (2013).

3. The distance from a school to a medical dispensary or a marijuana business retailer shall be computed by direct measurement from the nearest property line of the land used for the school to the nearest portion of the building in which the medical dispensary or marijuana retail business is located.

4. If a school described in Subsection 14B.130.040 D. that has not previously been attended by children is established within 1,000 feet of a medical dispensary, marijuana retailer or marijuana retail courier for which a license has been issued under Chapter 14B.130, the medical dispensary, marijuana retailer or marijuana retail courier located at that premises may remain at that location unless:

a. The Office of Community & Civic Life revokes the license of the marijuana business under Section 14B.130.110; or

b. A new application is required.

F. No medical dispensary, marijuana business, marijuana laboratory, or research certificate holder may be located in residential zones RF through RH or where otherwise not allowed per City Code.

G. A marijuana retail courier may not operate their licensed premises as being generally open to the public for business. All sales must be conducted off-site by delivery to consumers in accordance with the standards established in OAR 845-025-2880, as in effect on December 1, 2016.

H. A person or business operating a medical dispensary, marijuana business, marijuana laboratory, or research certificate holder must comply with all state and local regulations that apply.

You can contact Andrew DeWeese at info@gl-lg.com or 503-488-5424.