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Lebanon City Council to Consider Potential Changes to Marijuana Ordinance:
The City has received questions from the public regarding Agenda Item 5, Potential Change in Marijuana Ordinance, currently scheduled for the April 12, 2017 City Council meeting. As reflected on the publicized Agenda, Item 5 will follow an executive session of the City Council. The purpose of this Release is to provide as much information as possible about these potential changes to the general public while respecting the underlying purpose of the executive session, which remains confidential pursuant to Oregon law.
With the legalization of medical and subsequently recreational marijuana, local governments like Lebanon are addressing the regulation of these emerging industries for the first time. In many cases, these regulations have occurred in piecemeal fashion, as state laws and legislative proposals have resulted in some uncertainty and at times inconsistent direction. As a result of recent business license applications, the City has been required to interpret both the medical marijuana ordinance, LMC 5.22 adopted in December 2015, and the recreational marijuana ordinance, LMC 5.18 adopted in January 2017. In its application, the City discovered an ambiguity related to the definition of “marijuana facility” as used in LMC 5.18.050(D) and defined in LMC 5.18.020(D). Generally, the issue is whether a medical marijuana facility would fall within the definition of “marijuana facility”. The case specific ambiguities and potential ramifications will be explained to the City Council by the City Attorney during the executive session. As a result of that Executive Session, the City Council will be presented with 3 options:
1. Maintain current standards and apply the ordinances as written subject initially to staff interpretation of intent;
2. Amend LMC 5.18 by clarifying the term “marijuana facility” but exempt businesses that applied for their license prior to enactment of the amendment (grandfather clause); or
3. Delete LMC 5.18.050(D) while maintaining all other standards and limitations.
Please direct all questions relating to this press release to City Attorney John Tré Kennedy.
John Tré Kennedy
The Morley Thomas Law Firm
(503) 730-3742 (c)
