On November 4, 2014, Oregon voters approved Ballot Measure 91, which legalized personal possession of certain amounts of marijuana for people 21 years of age or older. The measure, as well as several implementing legislative bills, also created a regulatory system for the production, distribution and sale of recreational marijuana and marijuana products.
State law contains few regulations on where commercial marijuana businesses may occur, except they may not locate within 1,000 feet of schools. To address citizen concerns, Oregon Law allows local governments to place additional regulations on marijuana businesses and limit their facilities to specific areas. Throughout Oregon, cities and counties have been developing local regulations to govern where marijuana facilities can locate, their hours of operations, and several other aspects specific to marijuana businesses.
For several months, Happy Valley monitored how other cities regulated marijuana in pursuit of finding best practices. The City Council discussed many options and forms of regulation to balance the legal rights of marijuana business owners with the safety, livability, and character of the Happy Valley community.
After much consideration, the City Council adopted regulations on September 6, 2016 following a recommendation by the Planning Commission in August. Below are summaries and links to Happy Valley regulations for marijuana dispensaries, production (marijuana grows), processing, and wholesaling businesses.
Marijuana Retail Sales in Happy Valley
Without local regulations, marijuana dispensaries would be allowed in all non-residential zones in Happy Valley, provided they are 1,000 feet from a school. If you are interested in where marijuana dispensaries would be allowed without local regulations, click here to see it on a map. However, the Happy Valley City Council sought to add additional restrictions to maintain the character of Happy Valley and limits sales only to commercial zones. Some of these additional restrictions include a larger buffer from schools (2,000 feet), parks (1,000 feet), and day cares (500 feet). As a result, the draft regulations would limit retail sales to two general areas within the city. These areas are only located on Sunnyside Road in the vicinity of 172nd Avenue and the southwest corner of Highway 212/224. Click here to see it on a map.
Marijuana Production, Processing, & Wholesale Operations
Marijuana facilities operating at an industrial level may only local in Industrial Campus and Employment Center zones excluding the Rock Creek Employment Center. Click here to see it on a map.
Land Development Code Changes
In addition to the location of marijuana facilities, regulations were enacted that guide the hours of operation, odor control, security, and other aspects specific to the marijuana industry. For example:
- Marijuana retailers may only sell to consumers between the hours of 10:00 am and 9:00 pm.
- Dispensaries must be equipped with pre-approved air filtration systems to mitigate fumes or odors leaving the building.
- No one under the age of 21 is permitted in a dispensary, except as allowed by state law.
Want to know more? Click here to read Land Development Code changes.
For more information about Measure 91 and what it means for Oregon Cities and Clackamas County, please visit the following useful websites: