The Clackamas County Board of County Commissioners (BCC) approved
marijuana land use regulations at the Thursday, Dec. 17 business meeting by
a vote of four to one, with Commissioner Paul Savas casting the sole
dissenting vote.

The regulations, which only apply to the unincorporated areas of the county
and do not apply to personal recreational or medical marijuana growing and
production (as allowed by state law), become effective for recreational
marijuana on Monday, Jan. 4, and for medical marijuana on Tuesday, March
1.

“We don’t know what the unintended consequences are yet,” Commissioner
Martha Schrader said at the meeting, adding that it was highly likely that the
county would have to address issues around the land use regulations of
marijuana in the future.

The approved regulations include allowing retail marijuana businesses in
commercial zones (both urban and rural); wholesale marijuana businesses in
light industrial zones, rural commercial and rural industrial zones; processing
businesses in all zones except urban and rural industrial zones (while extract
and concentrate processing is prohibited); and growing operations in urban
industrial, exclusive farm use, ag/forest, timber, rural residential farm-forest
five-acre, farm-forest ten-acre and rural industrial zones.

There are 29 zoning districts in which no marijuana commercial business is
allowed at all, including all urban residential districts and many rural
residential districts. The ordinance also includes other requirements for
marijuana businesses, including setbacks, hours of operation, odor
prevention, lighting, minimum lot sizes, security and waste management,
while a land use application with the county will be required for all businesses.

Cities in the county can determine their own policies regarding marijuana,
including prohibiting businesses and sending the matter to a general election.
Welches resident Shirley Morgan appeared before the BCC to express various
concerns, including that the potential enforcement needs and costs to protect
citizens have not been identified.

“And it shocks me to believe that (the county) would open the door to
marijuana sales and wholesale distribution into an area with limited law
enforcement knowing that they are federally illegal and that they operate by
cash only,” said Morgan, who was also on a county committee making
recommendations on marijuana to the BCC.

Commissioner Jim Bernard also noted concern over law enforcement and also
rules by the Oregon Liquor Control Commission (OLCC) on the fencing
requirements for certain marijuana businesses.

“I don’t want it to look like a prison camp out there,” Bernard said.

The OLCC must adopt administrative rules by Jan. 1, 2016, regarding
recreational marijuana purchase, sale, production, processing, transportation
and delivery, and will also begin accepting license applications to produce,
process, wholesale and retail recreational marijuana by Jan. 4.

Approval of the regulations came after an earlier town hall meeting in the
month held by the Villages at Mt. Hood board of directors (BOD) on Tuesday,
Dec. 1. Bernard was in attendance at the town hall and helped shed light on
some aspects of marijuana policy.

He noted the commissioners are likely to institute a three percent sales tax on
marijuana in the county (in addition to the 17 percent for the state), adding
that he has a problem with “sin taxes,” such as those on alcohol, cigarettes
and gambling.

“The voters have spoken, let’s make sure we spend the money wisely,”
Bernard said.

George Wilson, chair of the BOD, created an unofficial poll for community
members in attendance to participate in, including asking the question, “Do
you support the proposed ban on all four categories of recreational marijuana
for rural Clackamas County/Villages at Mt. Hood?” The final results revealed
59 responses opposing a ban with nine responses in favor.

Many in attendance expressed general support for marijuana, citing possible
health and economic benefits, adding that Measure 91 passed with
approximately two-thirds support in the Mountain community. Rhododendron
resident Rick Applegate found the discussion missed its target for gauging
support on the specific issues of land use regulations for retail shops,
wholesale shops, grow operations and processing operations.

“In my mind, this forum has not given any information on how many of those
65 percent wanted wholesale operations in their community,” he said.

For more information on the county’s marijuana land use regulations, visit
clackamas.us/planning/marijuana.html.