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

Is Cannabis Cultivation Legal in Marion County?

Yes. Marion County allows marijuana cultivation. For incorporated areas, marijuana cultivation is allowed for both recreational and medical purposes. However, for unincorporated Marion County, only medical-use marijuana cultivation is permitted.

In November 2014, Oregon voters passed Measure 91, which authorizes adult possession and sale of recreational marijuana, state licensing, taxation, and regulation. However, Marion County voters voted against Measure 91 by 51.56% versus 48.44% favoring the measure. As such, state law allows counties to vote on the future expansion of recreational marijuana businesses. According to Marion County Commissioner, most Marion County cities (incorporated areas) have allowed recreational marijuana use.

While medical marijuana is governed by the Oregon Health Authority (OHA), recreational marijuana is under the control of the Oregon Liquor Control Commission (OLCC). Any form of marijuana facility regulated by the OLCC is not permitted to be situated next to an OHA-licensed medical marijuana business, according to the OLCC Business Guide.

1. Unincorporated areas (medical use only)

For businesses or commercial establishments, the cultivation of medical marijuana is prohibited. It is only allowed for farm use in zones under Exclusive Farm Use and Special Agriculture and in rural industrial areas after obtaining a conditional use permit and following standards in the Rural Code at MCC 17.120.120(A). The Marion County Planning Division issues conditional use permits.

Growing must be done indoors and any visible lights must be turned off from 7:00 PM until 7:00 AM.

Moreover, medical marijuana cultivation in unincorporated areas is not allowed in the following zones:

• Residential

• Public

• Farm/Timber outside Exclusive Farm Use and Special Agriculture zones

• Timber Conservation

• Interchange District

• Urban Development

• Urban Transition

1. Incorporated areas (medical and recreational use)

For home cultivation, anyone over the age of 21 is allowed to grow marijuana at home, but no matter how many people live there, there can only be four plants at a time. In accordance with Chapter 475C, a patient and a caregiver who both possess an Oregon Medical Marijuana Program (OMMP) registry identification card may jointly own up to twelve immature or six mature marijuana plants at their registered residence. Cannabis grown at home must be out of plain sight of the general public.

To cultivate cannabis for commercial purposes, a producer license from the OLCC is necessary and must be renewed annually. Licensed production includes planting, growing, harvesting, trimming, and drying marijuana. However, as of April 4, 2022, new producer applications are no longer being accepted until March 31, 2024.

Cannabis can be grown both indoors and outdoors by licensed cultivators as long as the growing spaces are hidden from public view and all entrances are locked at all times. Public entry must also be restricted. All entrances must have clear signage stating that minors are not allowed in. Prior to starting work, each employee must get a marijuana working permit from the OLCC. Depending on the production level requested and granted in the license, the overall cannabis canopy measurement should not exceed 20 separate canopies.

Is Cannabis Manufacturing Legal in Marion County?

Yes, cannabis manufacturing is allowed in Marion County. For unincorporated areas, small-scale medical marijuana processors and facilities are permitted in Exclusive Farm Use and Special Agriculture zones after receiving Administrative Review clearance. Manufacturing must be done indoors, with no odors detectable or lights visible on neighboring properties.

Medical marijuana processing is prohibited in the following zones:

• Public

• Residential

• Farm/Timber

• Timber Conservation

• Commercial

• Interchange District

• Urban Transition

• Urban Development

On the other hand, incorporated Marion County allows the production and processing of cannabis products for medical and recreational purposes when Measure 91 went into effect. OLCC issues the processor permits to eligible facilities. Licensed manufacturers are authorized to process, mix or convert cannabis or hemp into cannabinoid products, concentrates, or extracts.

As of October 2022, there are 13 licensed marijuana processors in Marion County.

Statewide, an annual processor license issued by the OLCC is required to manufacture cannabis legally. Every license must indicate specific endorsements for the processing of particular marijuana products such as edibles, concentrates, extracts, and topicals. Manufacturers are not allowed to process any product not covered in their license endorsements. With that said, they must comply with strict operating standards. Only staff with marijuana worker permits from the OLCC can be employed in manufacturing facilities. Finished products, such as edibles, must also undergo testing.

Is Cannabis Retail Legal in Marion County?

Yes. Marion County allows marijuana retail for both unincorporated (medical use) and incorporated areas (medical and recreational use). The retail facility must adhere to the following specific Conditional Use standards:

• The facility should not be located within 1,000 feet of a Head Start program property, prekindergarten, community learning center, relief nursery, certified child care facility, public park, public or private elementary, secondary, or career school attended by minors.

• Conform to the alarm system control ordinance.

• Must not be open before 7:00 in the morning and after 10:00 in the evening.

• Minors are not permitted on the business premises unless they have an Oregon Medical Marijuana Program (OMMP) card, are with a parent or legal guardian, and are not in an area that is forbidden under OAR 333-008-1200 of Marion County.

• The use of medical marijuana is not permitted anywhere on the business property unless otherwise allowed for employees, according to OAR 333-008-1200. The Oregon Indoor Clean Air Act, which forbids smoking in enclosed spaces, must be complied with by the company. The business must not be established next to a tobacco smoking lounge or any other type of marijuana social club where marijuana is consumed.

• For the business for which it is the taxpayer, the person or entity must keep all real and personal property tax accounts up to date.

Anyone aged 21 and older is only permitted to make the following purchases in a single transaction or within a single day:

• Eight ounces of usable marijuana at a time or within a day

• No more than 32 ounces in a month if you have an OMMP registry identification card or are a designated caregiver

• Two ounces of usable marijuana if you use it recreationally

• 5 grams of cannabis extracts or concentrates

• 16 ounces of a solid cannabinoid product

• 72 ounces of a liquid cannabinoid product

• 5 grams of marijuana-based items meant for inhalation

• Ten marijuana seeds

• Four immature marijuana plants.

Meanwhile, holders of an OMMP registration identity card may purchase the following items:

• 24 ounces of marijuana

• 16 ounces of cannabinoid concentrate

• 16 ounces of solid medical cannabinoid product

• 72 ounces of liquid medical cannabinoid product

• Five grams of cannabinoid extract for inhalation

• Four immature marijuana plants

• 50 marijuana seeds

As of October 2022, Marion County has 66 active marijuana retail licenses. Allowed forms of marijuana for sale include concentrates, extracts, seeds, and edibles.

Is Cannabis Delivery Legal in Marion County?

Yes. Cannabis retailers in Marion County with an OLCC license can deliver marijuana items. Only recreational marijuana, however, is permitted by the state to be delivered because OHA forbids medicinal marijuana retailers from making deliveries. Only 21 of the 66 marijuana retailers with valid licenses in Marion County may provide delivery services. Furthermore, OMMP cardholders can directly purchase medical-grade marijuana from 33 dispensaries, which are open to the public. A dispensary may only move marijuana to or from its registered address.

Deliveries are only permitted in the area covered by the retailer's license and can only be made by agents listed in the Cannabis Tracking System (CTS). Orders must be made by 8:00 PM on the delivery day and can only be made by the recipient, according to the OLCC Retailer Home Delivery Guide. All orders must include the recipient's name, birthdate, delivery date, product description, quantity, and a disclaimer that they are solely for personal use. The delivery person is in charge of verifying that the recipient has a valid and acceptable ID while making the delivery. The recipient's signature will be obtained after the transaction is finished.

How to Get Medical Marijuana Card in Marion County

The OMMP enables Oregon residents who are recommended by an attending practitioner to apply for a medicinal marijuana card because they have the qualifying medical conditions listed below:

• HIV/AIDS

• Cancer

• Glaucoma

• Post-traumatic stress disorder

• A degenerative neurological condition

• A medical illness or treatment that causes prolonged muscle spasm, seizures, extreme pain, severe nausea, and cachexia

The OMMP application form and instructions, attending provider's statement, copies of valid ID, grow site consent form, and fee payment is required for the application. The OHA website includes all necessary forms and cardholder fees. Online applications can be submitted at ommpsystem.oregon.gov. To submit an application via mail, all requirements must be mailed to OHA/OMMP, PO Box 14450, Portland, OR 97293-0450.

The medical marijuana ID card will be mailed to the patient or their assigned caregiver after the application has been reviewed and all requirements have been completed. If applicable, a separate grower card will be mailed to the assigned farmer. You can reach OMMP Staff on weekdays from 12:00 to 4:00 PM at 971-673-1234 or ommp.info@dhsoha.state.or.us for any questions or concerns.

How Has Cannabis Legalization Impacted the Economy of Marion County?

Oregon's Measure 91 imposes a 17% excise tax on the sale of marijuana products. Additionally, local governments are allowed to levy a maximum additional tax of 3%. Following payment of OLCC expenses, the following tax money will be allocated:

• 40% for schools

• 25% for drug misuse prevention and treatment services

• 15% goes to the Oregon State Police

• 10% will go to counties and cities to aid in local law enforcement

More than 2,300 new marijuana businesses have registered since Oregon legalized controlled recreational marijuana use in 2016, and more than 58,000 jobs have been created in the industry.

According to 2021 data, there were 4,200 individuals on the payroll at about 375 recreational dispensary businesses in Oregon in 2021. The larger sector, which also includes wholesale commerce, had about 4,500 employees in the fourth quarter of 2020, and their average annual pay was $30,940. The state's Employment Department reports that recreational marijuana sales reached a new high of $110.5 million in April 2021, which increased by 23.5% from April 2020's $89.7 million.

The Effects of Cannabis Legalization on Crime Rates in Marion County

On July 1, 2015, recreational marijuana use became legal in Oregon. Per the Marion County Sheriff's Office's report on the FBI Crime Data Explorer, the number of DUI cases in 2014, 2015, and 2016 has decreased from 242, 231, and 181 arrests, respectively.

Furthermore, the number of marijuana-related arrests during those years also decreased from 36, 29, and 11, respectively.