Sunday, September 20, 2015

CHAPTER 5.72: HOMEGROWN AND MEDICAL MARIJUANA

CHAPTER 5.72
HOMEGROWN AND MEDICAL MARIJUANA
Sections:
        5.72.010    Intent and Purpose
        5.72.020    Definitions
        5.72.030    Homegrown and Medical Marijuana Subject to Regulation
        5.72.040    Public Nuisance Remedy
        5.72.050    Violation
        5.72.060    Conflict of Laws

5.72.010 Intent and Purpose
The City Council of the City of Grants Pass recognizes that citizens of the state of Oregon may engage in both recreational and medical use of marijuana in accordance with State law.  However, the City Council also recognizes that cultivating, drying, producing, processing, keeping, or storage of marijuana, without appropriate safeguards in place, can have a detrimental effect on public safety and neighboring citizens.  The City Council finds and declares that the health, safety, and welfare of its citizens are promoted by requiring marijuana cultivators engaged in recreational and medicinal cultivation, drying, producing, processing, keeping, or storage of marijuana to ensure that said marijuana is not accessible, visible, or odorous to other persons or property, or otherwise illegal under Oregon state law.

5.72.020 Definitions:
“Homegrown Marijuana” means any marijuana cultivated, dried, produced, processed, kept, or stored for personal recreational use by a person 21 years of age or older in accordance with State law.
       
“Household” means a housing unit, and includes any indoors 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 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.
       
“Indoors/Indoor Structure” means within a fully enclosed and secure structure that complies with the Oregon Residential Specialty Code (ORSC) or Oregon Structural Specialty Code (OSSC) as adopted by the City of Grants Pass, which has a complete roof enclosure supported by connecting walls extending from the foundation/slab to the roof.  The structure must be secure against unauthorized entry, accessible only through one or more lockable doors, and constructed of solid materials that cannot easily be broken through, such as 2X4 or larger wood studs covered with 3/8” or thicker weather-resistant siding or equivalent materials.  Plastic sheeting, regardless of gauge, or similar products, do not satisfy this requirement.
       
“Marijuana” means all parts of the plant Cannabis Moraceae, including, but not limited to, its dried leaves and flowers, any marijuana products derived therefrom. (sic) The term includes any and all homegrown marijuana, medical marijuana, non-medical marijuana, and marijuana products defined in this section.
       
“Marijuana Cultivator” means a medical marijuana grower, recreational marijuana homegrower, patient, and any landlord or property owner allowing marijuana to be cultivated, dried, produced, processed, kept or stored at a premises. (sic)
       
“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 set out at OAR 333-008-0010(11)&(21).
       
“Patient” means a person who has been diagnosed by an attending physician with a debilitating medical condition and for whom the use of medical marijuana may mitigate the symptoms or effects of the person’s debilitating medical condition, and who has been issued a registry card by 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 public right-of-way.

5.72.030 Homegrown and Medical Marijuana Subject to Regulation:

A.   Marijuana cultivators shall be allowed to cultivate, produce, or process homegrown marijuana and medical marijuana subject to the following conditions:

1.   Cultivation, production, processing or storage of marijuana must be in full compliance with all applicable provisions of OMMA and Measure 91.

2.   All cultivation, curing, drying, storage, production, or processing of marijuana shall be conducted indoors….

3.   Cultivation, production, processing or storage of marijuana shall not be perceptible from the exterior of the household, housing unit, and/or indoor structure including but not limited to:


a. Common visual observation, which would prohibit any form of signage;

b. Odors, smells, fragrances, or other olfactory stimulus;

c. Light pollution, glare or brightness that disturbs the repose of another;

d. Undue vehicular or foot traffic, including excess parking within a residential zone; and

e. Excessive noise that disturbs the repose of another in violation of GPMC
5.12.110.

4.  Cultivation, production, or processing of marijuana plants shall be within a secure, defined area;

5.  Cultivation, production, processing or possession of marijuana shall be within the requirements of all adopted building and life safety codes;

6.  Cultivation, production, or processing of marijuana shall meet the requirements of all adopted water and sewer regulations promulgated by the city and any special district having jurisdiction;

7.  Disposal of any excess or unused marijuana, marijuana products or any of the 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 and casual passersby, vandals, or anyone not licensed or authorized to possess medical or homegrown marijuana.

8.  Such cultivation, production, or processing of marijuana in a commercial or industrial structure, located in a commercial or industrial zone shall meet the following requirements:

a.   The use must be conducted indoors;

b.  The premises must not be vacant and there shall be an actual daily presence, use, and occupancy of the premises by an owner, tenant, employee or agent thereof.


9.  Such cultivation, production, or processing of marijuana in residential zones or in a housing unit shall meet the following requirements:

a.   Such cultivation, production, or processing of marijuana shall only be conducted within the primary residence of the marijuana cultivator;

b.  Marijuana plants shall not be cultivated, processed, or possessed in the common areas of a multi-family or attached residential development such as townhomes, apartments or condominiums.

c.   For purposes of this ordinance, “primary residence” means the place that a person, by custom and practice, makes his or her principle domicile, and address and (sic) to which the person intends to return, following any temporary absence, such as vacation.  Residence is evidenced by actual daily physical presence, use, and occupancy of the primary residence and the use of the residential address for domestic purposes, such as, but not limited to, slumber, preparation of and partaking of meals, regular mail delivery, vehicle and voter registration, or credit, water, and utility billing.  A person shall have only one primary residence, which may include an indoor structure or accessory dwelling unit, provided that the indoor structure or accessory dwelling unit is located on the same tax lot as the primary residence.

10.  For purposes of this ordinance, “a secure” area means an area within the primary residence or indoor structure accessible only to the patient or primary caregiver or marijuana cultivator.  Secure premises shall be locked or partitioned off to prevent access by minors, visitors, casual passersby, vandals, or anyone not licensed and authorized to possess medical or homegrown marijuana.
       
     B.  Licensed commercial grows, as defined in Measure 91, are prohibited in all residential zones.

5.72.040 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 per Chapter 8.04.

B.   In addition to the foregoing, two or more violations in a 30-day period may be deemed a Chronic Nuisance Property subject to provisions of Chapter 5.12.

     C. In addition to any remedies provided in Chapter 5.12, 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 for such action.

5.72.050 Violation
In addition to treatment as a nuisance, all violations of this title are subject to punishment under the general penalty provisions in Chapter 1.16. (sic--Actually Chapter 1.36)  Each day in which a violation continues shall constitute a separate violation.

5.72.060 Conflict of laws
In the event of any conflict between this ordinance and the provisions of any applicable state or local law, the more restrictive provision shall control.

5.72.060 Severability

The sections, subsections, paragraphs, and clauses of this Ordinance are severable.  The validity of one section, subsection, paragraph, or clauses shall not affect the validity of the remaining sections, subsections, paragraphs, and clauses.