HomeMy WebLinkAboutStaff Memo - Medical Marijuana
MEMORANDUM
DATE: March 31, 2015
TO: Deschutes County Board of County Commissioners
FROM: Matthew Martin, Associate Planner
RE: Public Hearing - Text Amendments Addressing Medical Marijuana Dispensaries
I. SUMMARY
The Planning Division is bringing a package of text amendments to the Board of County
Commissioners (BOCC) for a public hearing on April 8, 2015. These amendments propose to define,
permit, and establish standards for medical marijuana dispensaries. These amendments do not
address regulation of recreational marijuana or medical marijuana grow sites.
II. BACKGROUND
On March 17, 2014, the BOCC adopted Ordinance No. 2014-008 establishing a moratorium on the
operation of any marijuana dispensary in any area subject to the jurisdiction of Deschutes County. This
ordinance included a sunset clause resulting in the repeal of the ordinance on May 1, 2015. In
anticipation of this repeal, Staff is presenting proposed text amendments.
The Planning Commission held a public hearing on March 12, 2015, to receive testimony regarding the
proposed amendments, deliberated and recommended approving the amendments subject to the
following changes:
Changing the permitted hours of operation to 10am to 7pm.
Not allowing dispensaries in the Exclusive Farm Use (EFU) zone.1
The Planning Commission also wanted to acknowledge that, in addition to schools, there was interest
in not allowing dispensaries within 1,000 feet of other locations frequented by minors (i.e. Boys and
Girls Club, YMCA, parks, daycares, etc.) as an additional protective measure for children. However,
there was concern about verifying compliance because the location of such uses may not be readily
identifiable whereas school locations are registered through the Oregon Department of Education. This
compliance challenge led the Planning Commission to not recommend including a distance
requirement from these additional uses.
III. SCHEDULE
A public hearing before the Board of County Commissioners is scheduled on April 8, 2015.
Attachment:
Staff Report – File No. 247-15-000063-TA
1 Katherine Daniels, Farm and Forest Land Specialist with the Department of Land Conservation and Development stated in a
March 2, 2015 email that HB 3460 (2013) does not preempt state or local land use law. Therefore, there is no authorization to
allow dispensaries in EFU zones.