Chapter 5.25 Prohibition on Marijuana Facilities

Chapter 5.25
Prohibition on Marijuana Facilities

Sections:

5.25.010 Prohibition on recreational marijuana sales.

In accordance with Senate Bill 460 (2015), the sale of limited marijuana retail products by medical marijuana dispensaries registered with the Oregon Health Authority pursuant to ORS 475.314 is prohibited in the area within the City of Brownsville. [Ord. 756 § 1, 2015].

5.25.020 Prohibition.

No person, business, or entity may establish, maintain, or operate a marijuana facility within the City limits of the City of Brownsville. The establishment, maintenance, or operation of a marijuana facility by any person, business, or other entity within the City limits of the City of Brownsville in violation of this chapter is declared to be a public nuisance. This prohibition shall not apply to any marijuana facility that lawfully existed prior to adoption of this provision or any marijuana facility that meets the requirements of ORS 475B.968(8) or 475B.968(9). [Adopted at November 6, 2018, election (Res. 2018.18 § 2).]

5.25.030 Definitions.

For the purposes of this chapter and in accordance with ORS Chapter 475B, a “marijuana facility” includes:

A. Marijuana processing sites registered under ORS 475B.840;

B. Medical marijuana dispensaries registered under ORS 475B.858;

C. Marijuana producers that hold a license issued under ORS 475B.070;

D. Marijuana processors that hold a license issued under ORS 475B.090;

E. Marijuana wholesalers that hold a license issued under ORS 475B.100;

F. Marijuana retailers that hold a license issued under ORS 475B.105;

G. Marijuana producers that hold a license issued under ORS 475B.070 and that the Oregon Liquor Control Commission has designated as an exclusively medical licensee under ORS 475B.122;

H. Marijuana processors that hold a license issued under ORS 475B.090 and that the Commission has designated as an exclusively medical licensee under ORS 475B.127;

I. Marijuana wholesalers that hold a license issued under ORS 475B.100 and that the Commission has designated as an exclusively medical licensee under ORS 475B.129;

J. Marijuana retailers that hold a license issued under ORS 475B.105 and that the Commission has designated as an exclusively medical licensee under ORS 475B.131; and

K. Any combination of the entities described in this section. [Adopted at November 6, 2018, election (Res. 2018.18 § 2).]

5.25.040 Violations and enforcement.

The establishment, maintenance, or operation of a marijuana facility by person, business, or other entity within the City of Brownsville in violation of the requirements of this chapter will be subject to any and all enforcement remedies available to the City by law, including but not limited to penalties pursuant to Chapter 1.05 BMC, abatement pursuant to Chapter 8.30 BMC and the filing of an appropriate action and pursuit of an appropriate remedy including but not limited to declaratory or injunctive relief in a court of competent jurisdiction. [Adopted at November 6, 2018, election (Res. 2018.18 § 2).]