Clackamas County Cannabis – Is It Legal & Where To Buy 2024

Is Cannabis Cultivation Legal in Clackamas County?

It is legal to cultivate cannabis in Clackamas County like the rest of the state of Oregon, subject to certain local county ordinances and regulations.

Recreational marijuana was legalized for people aged 21 and older statewide by Measure 91 in November 2014 and was made effective July 1, 2015. The Oregon Liquor Control Commission (OLCC) regulates recreational marijuana while the Oregon Health Authority (OHA) regulates medical marijuana. According to the OLCC Business Guide, any type of marijuana facility licensed by the OLCC cannot be in the same location as a medical marijuana facility licensed by the OHA.

Individuals aged 21 and older are allowed to cultivate marijuana at home but with a maximum of four plants per residence, regardless of the number of residents. However, according to ORS 475c, a patient and a caregiver who both hold an Oregon Medical Marijuana Program (OMMP) registry identification card can jointly have at their registered address up to twelve immature marijuana plants or six mature marijuana plants. Any home cultivation of cannabis must be done out of sight of the public.

To grow cannabis commercially, a producer license from the OLCC is required and must be renewed annually. Licensed production covers the planting, cultivation, growing, trimming, harvesting, and drying of marijuana. As of April 4, 2022, however, applications for new producers have been stopped until March 31, 2024.

Licensed cultivators are allowed to grow cannabis both indoors and outdoors provided the growing areas are out of public sight and all entryways are locked at all times. Public access must be prevented. Minors shall not be allowed entry and prominent signs must state these at all entrances. All employees must first acquire a marijuana worker permit from the OLCC. The total cannabis canopy measurement will depend on the production tier applied for and approved in the license but should not exceed 20 separate canopies.

In Clackamas County, land use regulations allow marijuana cultivation in zones that are designated as urban industrial, rural industrial, 5-acre rural residential farm-forest, 10-acre farm-forest, exclusive farm use, timber, and agricultural/forest. However, in 5-acre rural residential farm-forest and 10-acre farm-forest districts, outdoor cultivation is forbidden. In unincorporated areas of Clackamas County, recreational marijuana cultivation businesses are not allowed in 29 zoning districts, including urban residential districts.

On March 1, 2019, zoning ordinance ZDO-271 in Clackamas County specified that in three particular zoning districts, a tract of land under one owner can only have either one recreational marijuana cultivation facility licensed by the OLCC or one medical marijuana cultivation facility licensed by the OHA. The three zoning districts were identified as agricultural/forest, exclusive farm use, and timber.

Clackamas County has particular requirements for lighting, noise level, odor control, and waste management of cannabis cultivation facilities. As of August 16, 2022, there were 193 marijuana producer business licenses active in Clackamas County.

Is Cannabis Manufacturing Legal in Clackamas County?

It is legal to manufacture cannabis in Clackamas County as in the entire state of Oregon due to Measure 91, subject to county ordinances and regulations.

Statewide, an annual processor license from the OLCC is required in order to legally manufacture cannabis. Every license must contain specific endorsements for the processing of particular marijuana products like concentrates, extracts, edibles, and topicals. A processor is not allowed to process any product not covered in its license endorsements. A processor must likewise comply with strict operating standards. For instance, a kitchen certified by the Oregon Department of Agriculture (ODA) is required to process cannabis edibles and any concentrates or extracts to be used in edibles. Finished products must undergo testing. Only people with marijuana worker permits from the OLCC can be employed in a manufacturing facility.

In Clackamas County, cannabis manufacturing is allowed in urban industrial zones and rural industrial zones. Manufacturing is also allowed but with certain limitations in zones designated as general commercial, office commercial, corridor commercial, station community mixed-use, exclusive farm use, and agriculture/forest. In 29 zoning districts in unincorporated portions of Clackamas County, recreational marijuana processing businesses are not allowed. This includes unincorporated urban residential districts.

For every tract of land owned by one person, only one recreational marijuana cultivation facility licensed by the OLCC or one medical marijuana cultivation facility licensed by the OHA is allowed. All manufacturing facilities must be indoors and must be on a lot measuring no less than 10 acres. They must comply with all Clackamas County regulations regarding lighting, noise level, odor control, and waste management.

As of August 16, 2022, there were 40 active cannabis processor business licenses in Clackamas County.

Is Cannabis Retail Legal in Clackamas County?

It is legal to sell cannabis by retail in Clackamas County and in the whole state of Oregon in accordance with Measure 91, subject to county ordinances and regulations.

Statewide, a cannabis retailer is required to have an annual license from the OLCC. A medical cannabis dispensary must have a license from the OHA. They are not allowed to co-exist in the same physical location or to be in an exclusively residential zone. They must also be more than 1,000 feet away from any public or private elementary or secondary school.

Retailers are required to ask for valid identification from consumers to ensure that they do not sell cannabis to anyone below age 21. They are allowed to sell cannabis and cannabis products, including concentrates, extracts, and edibles subject to specified limits per day. For general consumers aged 21 and older, the daily limit is as follows:

• ​Two ounces of usable marijuana

• 16 ounces of a solid cannabinoid product

• 72 ounces of a liquid cannabinoid product

• Five grams of cannabinoid extracts or concentrates

• Five grams of inhalable cannabinoid products

• Four immature marijuana plants

• Ten marijuana seeds

OMMP registry identification cardholders are allowed to purchase the following:

• 24 ounces of usable marijuana

• 16 ounces of a solid medical cannabinoid product

• 72 ounces of a liquid medical cannabinoid product

• 16 ounces of cannabinoid concentrate

• Five grams of inhalable cannabinoid extract

• Four immature marijuana plants

• 50 marijuana seeds

General use cannabis sold to recreational users have lower THC concentration limits and maximum allowed serving sizes.

In Clackamas County, marijuana retail businesses are allowed in most urban and rural commercial zones. However, they are not allowed in 29 zoning districts in unincorporated portions of the county, including unincorporated urban residential districts.

A marijuana retail business is required to be at least 2,000 feet away from any public or private elementary or secondary school and not less than 500 feet away from a licensed preschool or daycare facility. It must be 1,500 feet away from any of the following:

• A public park;

• A public playground;

• A public library;

• A public housing authority-owned multifamily dwelling;

• A licensed substance use disorder service provider; or

• A light rail transit station.

OLCC-licensed facilities must be at least 1,000 feet away from any other OLCC-licensed facility. OHA-licensed facilities must be at least 1,000 feet away from any other OHA-licensed facility. They cannot be in the same location as a marijuana social or smoking club. No one below 21 years old is allowed to enter a retail facility except for those permitted by state law.

Cannabis retail businesses are not allowed to have a walk-up or drive-through window service. They are forbidden from allowing the use, smoking, ingestion, or consumption of cannabis within their premises. All cannabis retail businesses should be compliant with the lighting, noise level, odor control, and waste management regulations of Clackamas County.

As of August 16, 2022, 36 cannabis retailer business licenses were active in Clackamas County.

Is Cannabis Delivery Legal in Clackamas County?

The state of Oregon allows licensed cannabis retailers to deliver cannabis purchased by consumers aged 21 and older whether they are OMPP cardholders or not. Delivery is allowed within the same city or unincorporated area of the county as the dispensary, or in an adjacent city or unincorporated county area. This is provided that the consumer is not on federal land and the county does not have an ordinance that prohibits such delivery. Clackamas County has no ordinance prohibiting this.

The value of cannabis in a delivery vehicle must not exceed $10,000 at any time. The delivery vehicle must be unmarked and equipped with a GPS device for tracking. It must have a secure cargo hold.

The person making the delivery for the marijuana retailer must carry a permit and must be in constant communication with the retailer through secure electronic communication throughout the delivery. The retailer must send the consumer a delivery manifest that the consumer must sign to acknowledge receipt of the delivery. The retailer must log and keep information regarding every marijuana delivery to be presented to the OLCC when requested.

How to Get a Medical Marijuana Card in Clackamas County

To get an OMMP registry identification card, residents of Oregon must first acquire a signed attending provider statement (APS) certifying that they have any of the following medical conditions:

• Glaucoma

• HIV/AIDS

• Cancer

• Post-traumatic stress disorder

• Any pervasive or degenerative neurological condition

• Any medical condition or its treatment that results in severe nausea, severe pain, seizures, cachexia, and persistent muscle spasms

The patient must file an application with the OMPP within 90 days of receiving the APS, along with all the requirements. These included the downloaded and filled up OMMP Application Form, APS, and Grow Site Consent Form. The applicant must also submit current valid photo IDs to show Oregon residency. Finally, the applicant must pay the $200 fee.

The following reduced fees may apply to those who show proof of the corresponding qualifications:

• $60 for those with Supplemental Nutrition Assistance Program (SNAP) benefits

• $50 for those with Oregon Health Plan (OHP) eligibility

• $20 for those with Supplemental Security Income (SSI) monthly benefits

• $20 for those who served in the U.S. Armed Forces

• No fee for Veterans with a 50% total disability rating due to a service related injury or illness, and who were not discharged under dishonorable conditions

Online applications must be submitted at ommpsystem.oregon.gov. Applications may also be sent by mail with the fee in an enclosed check to:

OHA/OMMP

P.O. Box 14450

Portland, OR 97293-0450

If the application requirements are complete, the patient will receive a receipt that can be used in lieu of the registry card for 30 days while awaiting the OMMP card that will be sent by mail.

OMMP Staff may be contacted at ommp.info@dhsoha.state.or.us or 971-673-1234 on weekdays from 12:00 PM to 4:00 PM.

How Has Cannabis Legalization Impacted the Economy of Clackamas County?

Voters in Clackamas County approved in November 2016 the imposition of a 3% sales tax on recreational marijuana in the county’s unincorporated areas. This was effective February 8, 2017.

Statewide, there is a 17% excise tax on recreational marijuana product sales. OLCC expenses are taken from these funds. The remainder goes to the following:

• 40% to schools

• 25% to services for substance abuse treatment and prevention

• 15% to the Oregon State Police

• 10% to help local law enforcement in cities

• 10% to help local law enforcement in counties

According to the Oregon Employment Department, in the fourth quarter of 2020, marijuana industries employed 8,276 people with total wages of $76,315,924 or an average annual wage of $36,884.

In April 2021, sales of recreational marijuana in the state reached a record high of $110.5 million. This represented an increase of 23.5% from the $89.7 million in sales in April 2020.

In May 2021, there were 66,946 active marijuana worker permits approved and paid, with 15,525 more also approved but awaiting payment and 4,556 being reviewed. This was the level of interest in working in marijuana businesses.

The Effects of Cannabis Legalization on Crime Rates in Clackamas County

The legalization of recreational cannabis in Oregon was effective July 1, 2015. According to the Oregon State Police data on Clackamas County on the FBI crime report, there were 73 arrests for drug abuse violations in 2015. Of those, 64 were for drug possession, with 31 arrests for marijuana possession. Nine of the arrests were for drug manufacturing or sales.

Arrests for drug abuse violations decreased to 33 in 2021. Of those, 28 were for drug possession, with three arrests for marijuana possession. Five of the arrests were for drug manufacturing or sales.

There were 230 arrests for DUI in 2015. This increased to 231 arrests in 2021.