Marijuana Zoning in Oregon: All Over the Board

We regularly get calls from clients in Oregon who are trying to figure out whether the property they’ve selected for their recreational marijuana business complies with applicable zoning regulations. Unfortunately, it is not yet clear what zoning regulations pertaining to recreational marijuana businesses will look like, because much of this regulation is left to individual cities and counties. Aside from designating sensitive uses such as schools, parks and transit centers, and then mandating a buffer zone (likely 1,000 feet) for marijuana businesses, the state of Oregon does not tend to involve itself extensively in zoning regulations.

Though Initiative 91 does not allow cities and counties to issue unilateral bans on recreational marijuana businesses without first putting the issue to vote, the Initiative also does not preclude cities and counties from enacting their own zoning ordinances. The severity with which cities and counties utilize zoning ordinances to regulate marijuana businesses may be...

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