Chapter 5.40
MARIJUANA PROHIBITION
Sections:
5.40.010 Purpose.
The purpose of this chapter is to minimize any adverse public safety and public health impacts that may result from allowing marijuana facilities in the City by prohibiting the establishment of certain State-registered and State-licensed marijuana businesses within the City of Harrisburg and is intended to further the following objectives:
1. Prevent the distribution of marijuana to persons under 21 years of age;
2. Prevent revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels;
3. Prevent the diversion of marijuana from this State to other states;
4. Prevent marijuana activity that is legal under State law from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity;
5. Prevent violence and the use of firearms in the cultivation and distribution of marijuana;
6. Prevent drugged driving and the exacerbation of other adverse public health consequences associated with the use of marijuana. [Ord. 941 § 1, 2016.]
5.40.020 Definitions.
1. “Marijuana” means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae.
2. “Marijuana facility” means a medical marijuana facility, a recreational marijuana facility, or a facility that operates as both.
3. “Medical marijuana” means all parts of marijuana plants that may be used to treat or alleviate a medical marijuana qualifying patient’s debilitating medical condition or symptoms associated with the patient’s debilitating medical condition.
4. “Medical marijuana facility” means a medical marijuana facility that is registered by the Oregon Health Authority under ORS 475.300 through 475.346 and that grows, processes, sells, distributes, transmits, gives, dispenses or otherwise provides medical marijuana to qualifying patients.
5. “Recreational marijuana facility” means an entity licensed by the Oregon Liquor Control Commission to grow, cultivate, manufacture, harvest, produce, or sell marijuana. [Ord. 941 § 1, 2016.]
5.40.030 Ban declared.
As described in Section 134 of House Bill 3400 (2015), the City of Harrisburg hereby prohibits the establishment of marijuana facilities in the area subject to the jurisdiction of the City. [Ord. 941 § 1, 2016.]
5.40.040 Exception.
The prohibition set out in this chapter does not apply to a marijuana processing site or medical marijuana dispensary that meets the conditions set out in subsections 6 or 7 of Section 134, 136, or 137 of House Bill 3400 (2015). [Ord. 941 § 1, 2016.]
5.40.050 Referral.
The ordinance codified in this chapter shall be referred to the electors of the City of Harrisburg at the next Statewide general election on Tuesday, November 8, 2016. [Ord. 941 § 1, 2016.]
5.40.060 Repeal.
If the ordinance codified in this chapter is upheld by the voters, Chapter 5.30 HMC regarding licensing of marijuana facilities is repealed. [Ord. 941 § 1, 2016.]