Chapter 8.60
Homegrown and Medical Marijuana
Sections:
8.60.030 Homegrown and medical marijuana subject to regulation.
8.60.040 Public nuisance remedy.
8.60.010 Intent and purpose.
The Brownsville City Council recognizes that citizens of the State of Oregon may engage in both recreational and medicinal use of marijuana in accordance with State law. However, Council also recognizes that cultivating, drying, producing, processing, keeping, or storing of marijuana, without appropriate safeguards in place, can have a detrimental effect upon the public health, welfare and safety of neighboring citizens. The Council finds and declares that the health, safety, and welfare of its citizens are benefited by requiring marijuana cultivators engaged in recreational or medicinal cultivation, drying, producing, processing, keeping, or storing of marijuana to ensure that the marijuana and related odors are properly mitigated, not accessible or visible to other persons or property, or otherwise illegal under Oregon State law. [Ord. 770, 2018.]
8.60.020 Definitions.
“Homegrown marijuana” means any marijuana cultivated, dried, produced, processed, kept or stored for personal recreational use by a person 21 years of age and older in accordance with State law.
“Homegrown marijuana grow site” means a location in which a person 21 years of age and older cultivates, dries, produces, processes, keeps or stores homegrown recreational marijuana in accordance with State law.
“Household” means a housing unit, and includes any indoor structure or accessory dwelling unit in or around the housing unit at which the occupants of the housing unit are cultivating, drying, producing, processing, keeping, or storing homegrown marijuana.
“Housing unit” means a house, a mobile home, a manufactured home and/or a group of rooms, or a single room that is occupied as separate living quarters, in which the occupants live and eat separately from any other persons in the building and which have direct access from the outside of the building or through a common hall, including an individual residential unit in an apartment, duplex, townhome, condominium, or senior living facility.
“Marijuana” has the meaning provided in ORS 475B.015 or ORS 475B.410. The term includes any and all homegrown marijuana, medical marijuana, nonmedical marijuana, and marijuana products as defined in this section.
“Marijuana cultivator” means a medical marijuana grower, recreational marijuana home grower, patient, and any landlord or property owner allowing marijuana to be cultivated, dried, produced, processed, kept or stored at a premises.
“Marijuana products” means products that contain marijuana or marijuana extracts and are intended for human consumption.
“Medical marijuana” means the marijuana cultivated, dried, produced, processed, kept or stored for medicinal use in accordance with the Oregon Medical Marijuana Act.
“Medical marijuana grow site” means a location registered pursuant to ORS 475B.420 where medical marijuana is produced for use by a patient and any related ORS amendments.
“Medical marijuana grower” means any person engaged in the cultivation, drying, production, processing, keeping or storage of medical marijuana in accordance with State law, and includes, but is not limited to, the meaning provided in OAR 333-008-0010 (11) and (21).
“Patient” means a person who has obtained a registry identification card under ORS 475B.415 from the Oregon Health Authority.
“Premises” means a household, medical marijuana grow site, homegrown marijuana grow site, and/or primary residence of a patient.
“Property” means any home, business or private land.
“Recreational marijuana home grower” means a person 21 years of age and older engaged in the cultivation, drying, production, processing, keeping, or storage of homegrown marijuana in accordance with State law. [Ord. 770, 2018.]
8.60.030 Homegrown and medical marijuana subject to regulation.
A. This chapter is intended to regulate marijuana growing for health and safety reasons, not to provide authorizations.
B. State law authorizes citizens to grow marijuana for medical and recreational marijuana purposes and provides those growers immunity from State criminal prosecution.
C. Although the State of Oregon has passed legislation authorizing marijuana businesses and allows homegrown plants, providing criminal immunity under State law, all of those operations remain illegal under Federal law.
D. Brownsville City Council has home rule authority to decide whether, and under what conditions, certain marijuana-related conduct should be regulated within the City and subject to the general and police powers of the City, except when local action has been clearly and unambiguously preempted by the State of Oregon.
E. The City’s requirements shall not be construed to constitute an authorization to engage in any activity prohibited by law nor a waiver of any other license or regulatory requirement imposed by any other provisions of City ordinance or local, County, State or Federal law.
F. It is expressly stated herein that any person or persons involved in the marijuana industry, related businesses, and homegrown plants are still subject to possible Federal prosecution and remain in violation of Federal law.
G. Public Nuisance. Any premises, house, building, structure or place of any kind where marijuana is grown, processed, manufactured, sold, bartered, distributed or given away in violation of State law or this chapter, or any place where marijuana is kept or possessed for sale, barter, distribution or gift in violation of State law or this chapter, shall constitute a public nuisance.
H. Marijuana cultivators shall be allowed to cultivate, produce, and/or process homegrown marijuana and medical marijuana subject to the following conditions:
1. Cultivation, production, possession, and processing of marijuana must be in full compliance with all applicable provisions of ORS Chapter 475B and administrative rules adopted thereunder.
2. Cultivation, drying, curing, storage, production, or processing of marijuana shall not adversely impact neighboring properties.
3. Cultivation, production, processing, or storage of marijuana shall be mitigated from the exterior of the household, housing unit, and/or indoor structure including but not limited to:
a. Odors, smells, and fragrances;
b. Light pollution, glare, or brightness that disturbs the repose of another;
c. Excessive noise that disturbs the repose of another in violation of BMC 9.10.040.
4. Cultivation, production, or processing of marijuana shall meet the requirements of all adopted water and sewer regulations promulgated by the City.
5. Disposal of any excess or unused marijuana, marijuana products, or other byproducts thereof, shall meet any and all local and State requirements for disposal, and shall be disposed of in a secure fashion so as to avoid access by children, visitors, casual passersby, vandals or anyone not licensed or authorized to possess medical or homegrown marijuana.
6. Cultivation, production, or processing of marijuana in multifamily housing units shall be prohibited.
I. The City shall abate any homegrown marijuana that does not comply with this chapter or State law and levy all fines, abatement costs and any other associated costs with the abatement to the property owner of record and/or renter and/or other responsible party associated with the violation.
J. Licensed commercial grows, as defined in Measure 91, are prohibited in all residential zones. [Ord. 770, 2018.]
8.60.040 Public nuisance remedy.
A. Any household, housing unit, premises, property, building, structure or place of any kind where medical or homegrown marijuana is grown, processed, manufactured, bartered, distributed or given away in violation of State law or this chapter, or any place where medical or homegrown marijuana is kept or possessed for sale, barter, distribution or gift in violation of State law or this chapter, is a public nuisance and may be abated as provided in BMC 8.30.150.
B. In addition to the foregoing, three or more violations in a 30-day period shall constitute a nuisance subject to the provisions of BMC 8.30.190 and Chapter 1.05 BMC.
C. In addition to any remedies provided in this title, the City may institute an action in municipal or circuit court in the name of the City to abate, and to temporarily and permanently enjoin, such nuisance. The court has the right to make temporary and final orders as in other injunction proceedings. The City shall not be required to give bond in such an action. [Ord. 770, 2018.]
8.60.050 Violation.
In addition to treatment as a nuisance, all violations of this chapter are subject to punishment under the general penalty provisions in BMC 1.05.010. Each day in which a violation continues shall constitute a separate violation. [Ord. 770, 2018.]
8.60.060 Conflict of laws.
In the event of any conflict between the provisions of this chapter and the provisions of any other applicable State or local law, the more restrictive provision shall control. [Ord. 770, 2018.]
8.60.070 Severability.
The sections, subsections, paragraphs and clauses of this chapter are severable. The invalidity of one section, subsection, paragraph or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. [Ord. 770, 2018.]