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Following the lead of several Oregon cities, Happy Valley is looking to place regulations on future medical marijuana dispensaries. The city is researching how to restrict dispensaries to areas zoned for industrial use. There are two such areas in Happy Valley, located in patches along Oregon 212. In the process, the regulations might make it difficult for dispensaries to open at all.
Happy Valley Mayor Lori DeRemer said the council took up with issue for a number of reasons, one of which was to have policies in place for when a dispensary might want to come to the city. "We want to be ahead of the game" she said. A new state law regulating medical marijuana dispensaries will take effect in March 2014. Ahead of the date, some cities are moving to keep such establishments from opening.
In October, Medford passed an ordinance to deny or revoke licenses to businesses in violation of local, state or federal law. Since federal law prohibits the sale of marijuana, the city believes such a regulation preempts state law. Gresham, Fairview and other cities have taken a similar approach. However, because of the conflict between state and federal law, the legality of such an ordinance is still unclear. The League of Oregon Cities believes that cities may rely on federal law to prohibit dispensaries, but the legislature's lawyers believe cities cannot.
Though rules for the new law have been drafted and will be finalized next year, they don't address local control of dispensaries. The issue will likely need to be resolved in the courts. Happy Valley isn't looking to follow Medford's path. Outright prohibition is likely to invite litigation, according to Happy Valley's attorney. Instead, placing specific zoning restrictions on dispensaries seems to be consistent with the state law.
At a work session meeting on Dec. 3, economic and community development director Michael Walter said the restriction will make it difficult for dispensaries to open. One of the industrial areas is nearly vacant. Another is located near a pair of schools. "I will go out on a limb and say that they cannot afford to build brand new buildings in areas that have no infrastructure," Walter said. "I would think that medical marijuana dispensaries are going to be built in existing storefronts."
There are currently no medical marijuana dispensaries within the city limits. The 97086 area code, which includes most of Happy Valley as well as the Clackamas Town Center, is home to at least 269 medical marijuana patients, according to state data. "Is it permitted in the city of Happy Valley? Yes it is," Walter said. "Is it going to practically be developed anytime soon? No it's not." The council will revisit the issue sometime in the coming months, said city manager Jason Tuck.
News Moderator - The General @ 420 MAGAZINE ®
Source: Oregonlive.com
Author: Michael Bamesberger
Contact: Contact Us | Oregonian Media GroupOregonian Media Group
Website: Happy Valley seeks to regulate medical marijuana dispensaries | OregonLive.com
Happy Valley Mayor Lori DeRemer said the council took up with issue for a number of reasons, one of which was to have policies in place for when a dispensary might want to come to the city. "We want to be ahead of the game" she said. A new state law regulating medical marijuana dispensaries will take effect in March 2014. Ahead of the date, some cities are moving to keep such establishments from opening.
In October, Medford passed an ordinance to deny or revoke licenses to businesses in violation of local, state or federal law. Since federal law prohibits the sale of marijuana, the city believes such a regulation preempts state law. Gresham, Fairview and other cities have taken a similar approach. However, because of the conflict between state and federal law, the legality of such an ordinance is still unclear. The League of Oregon Cities believes that cities may rely on federal law to prohibit dispensaries, but the legislature's lawyers believe cities cannot.
Though rules for the new law have been drafted and will be finalized next year, they don't address local control of dispensaries. The issue will likely need to be resolved in the courts. Happy Valley isn't looking to follow Medford's path. Outright prohibition is likely to invite litigation, according to Happy Valley's attorney. Instead, placing specific zoning restrictions on dispensaries seems to be consistent with the state law.
At a work session meeting on Dec. 3, economic and community development director Michael Walter said the restriction will make it difficult for dispensaries to open. One of the industrial areas is nearly vacant. Another is located near a pair of schools. "I will go out on a limb and say that they cannot afford to build brand new buildings in areas that have no infrastructure," Walter said. "I would think that medical marijuana dispensaries are going to be built in existing storefronts."
There are currently no medical marijuana dispensaries within the city limits. The 97086 area code, which includes most of Happy Valley as well as the Clackamas Town Center, is home to at least 269 medical marijuana patients, according to state data. "Is it permitted in the city of Happy Valley? Yes it is," Walter said. "Is it going to practically be developed anytime soon? No it's not." The council will revisit the issue sometime in the coming months, said city manager Jason Tuck.
News Moderator - The General @ 420 MAGAZINE ®
Source: Oregonlive.com
Author: Michael Bamesberger
Contact: Contact Us | Oregonian Media GroupOregonian Media Group
Website: Happy Valley seeks to regulate medical marijuana dispensaries | OregonLive.com
