Benton County Planning Division

Transcription

1 Benton County Planning Division Commercial Marijuana & the Rural Residential Zone Photo Right: 1

2 Timeline 1998 Medical Marijuana Act approved by voters 2014 Oregon Ballot Measure 91 was passed by Oregon voters June 30, 2015 Oregon House Bill 3400 modifying Ballot Measure 91 became effective July 1, 2015 recreational use of marijuana by adults 21 and over is legalized October 1, 2015 medical marijuana dispensaries can sell limited amounts of recreational marijuana products (sunsets December 31, 2016) October 6, 2015 Benton County Planning Commission approves interim marijuana zoning amendments October 22, 2015 OLCC adopts temporary marijuana rules November 24, 2015 Benton County Board of Commissioners approves interim marijuana zoning amendments December 24, 2015 Benton County interim marijuana zoning amendments go into effect January 4, 2016 OLCC begins accepting recreational marijuana applications February through March 2016 Oregon Legislature enacts additional marijuana provisions March 3, 5, 8, 15, & 16, 2016 Benton County listening tour June 30, 2016 OLCC adopts final marijuana rules September 6, 2016 General Questions Meeting 2

3 Inter-Agency Coordination OLCC - Oregon Liquor Control Commission Issues licenses for Recreational Marijuana Operations: Producers (growers), Processors, Wholesalers, Retailers, Labs, Research Certificates, and Marijuana Handler Permits Not responsible for personal possession or use, home grown, or medical marijuana OHA - Oregon Health Authority Oversees the Oregon Medical Marijuana Program (OMMP) Registers medical marijuana grow, processing, and dispensary sites OWRD - Oregon Water Resources Department Administers laws governing surface and groundwater resources, including water rights ODA - Oregon Department of Agriculture Licenses marijuana operations that sell or handle food or cannabinoid edibles Regulates pesticide and fertilizer Benton County Planning Division Implements local zoning regulations to allow or prohibit the proposed land use 3

4 State Zoning Requirements State Mandated Zoning Regulations that Allow Marijuana-Related Uses Use/License Production (Growing) Processing Wholesaling Exclusive Farm Use Zone Farm Use Agricultural Building On-farm preparation (i.e. drying, bulk/wholesale packaging) On-farm Processing Farm Use Forest or Mixed Farm / Forest Zone County discretion in local zoning Retailing Not allowed Not allowed Other Zones (incl. RR) County discretion in local zoning Source: Business Readiness Guidebook for Oregon Recreational Marijuana Operations, Page 11 4

5 Benton County zoning currently does apply to: Recreational Marijuana All OLCC Licensees* Producer (Grower) Processor Wholesale does not apply to: Medical or Recreational Marijuana grown for personal use Medical Marijuana grow sites Retail Medical Marijuana Dispensaries Additional licenses include: laboratory and research certificate 5

6 Rural Residential Zone RR Stats (Rough Approximate) 4,000 property owners 1,000 properties < 1.00 Acre 1,100 properties 1.00 to 1.99 acres 1,400 properties 2.00 to 4.99 acres 750 properties >/= 5 acres Zoomed in area of county as an example of Rural Residential zoned locations 6

7 Rural Residential Zone Farm or Forest use is allowed Effective 12/24/2015, the farm use definition excludes marijuana, grown commercially pursuant to a license by the State of Oregon from the RR zone This means that Benton County currently does not allow the growing of marijuana (licensed by OLCC) in the RR zone. Medical marijuana grow sites are not currently prohibited Source: Benton County Code Chapter 51 7

8 Medical Marijuana Grow Sites Grow sites are registered by Oregon Health Authority (OHA) Grandfathered sites can have up to 96 plants Newly established sites can have up to 48 plants OHA does not require county approval of grow site or proof of a legal water source during the registration process 404 grow sites in Benton County as of July 2016* Based on anecdotal information, many are likely currently located in the RR zone *Source: Oregon Medical Marijuana Program Statistical Snapshot July, 2016 (revised 7/14/2016) 8

9 OLCC Licensed Grow Sites (Production) Indoor Production (includes greenhouses with artificial lighting): Micro Tier I: Up to 625 sf Micro Tier II: Up to 1,250 sf Tier I: Up to 5,000 square feet (sf) Tier II: 5,001 to 10,000 sf (0.23 acre) Outdoor Production: Micro Tier I: Up to 2,500 sf Micro Tier II: Up to 5,000 sf Tier I: Up to 20,000 sf (0.46 acre) Tier II: 20,001 to 40,000 sf (0.92 acre) Note: 1 acre = 43, 560 square feet Tier I & II applicants are required to obtain local zoning approval as part of the licensing process. Micro tier applicants are not. All applicants must submit proof of a legal water source as part of the licensing process. Source: OLCC Division 25 Recreational Marijuana OAR effective 6/30/2016 9

10 OLCC Licensed Grow Sites (Production) Producer licensee must also: Submit written standard operating procedures for security, product transportation, employee qualifications and training, and preventing minors from entering premises and obtaining marijuana items Submit a report describing the applicant s or licensee s electrical or water usage for 12 months Either fully enclosed indoor operation or install at least an 8 foot tall solid wall or privacy fence to enclose an outdoor operation Have an alarm system activated at all times Have an operational video surveillance recording system Package and label marijuana prior to transfer offsite Source: OLCC Division 25 Recreational Marijuana OAR effective 6/30/

11 Identified Concerns Odor Water use Pesticide and other chemical runoff Property values Traffic, dust, road wear and tear Electricity use Strangers/crime Proximity to children and schools Waste management/composting Aesthetics OLCC s & Benton County s ability to enforce rules Noise (from fans, generators, etc.) Source: Comments received from members of the public March 2016 through September

12 Considerations Water Use OLCC producer licensees (growers) must submit: Proof of a legal water source from the Oregon Department of Water Resources A report describing the applicant s or licensee s electrical or water usage OHA registered (medical) grow sites do not have to submit proof of a legal water source during the registration process. County Review OLCC licensed grow site are regulated by Benton County zoning, while medical grow sites are not. Sources: OLCC Division 25 Recreational Marijuana Oregon Administrative Rules (OAR) effective 6/30/2016 & Division 8 Medical Marijuana OAR effective 6/28/

13 Oregon County Poll County Marijuana Growing Allowed in RR Zone? Note Benton No May change Deschutes No May change Jackson No Lane No May change Umatilla No Wasco No Hood River Proposing to prohibit Moratorium is ending Linn Proposing to prohibit Moratorium is ending Josephine Yes May add limitations Tillamook Yes Columbia Yes, with limitations Coos Yes, with limitations Lincoln Yes, with limitations Multnomah Yes, with limitations Washington Yes, with limitations Douglas Proposing to allow as conditional use Moratorium is ending Source: Informal poll of County Planning Directors on August 30,

14 Additional Resources OLCC Website: OHA Oregon Medical Marijuana Program: nicdisease/medicalmarijuanaprogram/pages/index.aspx Oregon Water Resources Department: Benton County Marijuana Regulations Webpage: Oregon Legislature: 14