HomeMy WebLinkAboutOrdinance 6349 03/21/2016 ORDINANCE NO. 63/9 (EMERGENCY)
AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE SECTION 7.601,
DEFINITIONS, AND 7.603, OPERATIONAL REQUIREMENTS, REGARDING MEDICAL
MARIJUANA DISPENSARIES, AND DECLARING AN EMERGENCY
The City Council of the City of Springfield finds that:
WHEREAS, the 2013 Oregon Legislature enacted House Bill 3460 (2013) which creates
a registration system for medical marijuana facilities; and
WHEREAS, House Bill 3460 (2013) directed that persons who operate or are employed
by a registered medical marijuana facility would enjoy immunity from state prosecution;
and
WHEREAS, the Oregon Legislature enacted Senate Bill 1531 (2014) which grants a city
the authority to adopt ordinances that impose reasonable regulations on the operation
of medical marijuana facilities registered under ORS 475.314 that are located in the
city's jurisdiction; and
WHEREAS, the Oregon Legislature enacted Senate Bill 3400 (2015) which changes the
Oregon Legislature's definition of marijuana by recognizing that the plant Cannabis is
member of the family Cannabaceae and not a member of the family Moraceae and the
City of Springfield seeks to likewise update its definition of marijuana;
WHEREAS, these regulations are adopted through the City of Springfield's broad home rule
authority under the Chapter II of Springfield City Charter which provides the following:
Section 4. Powers of the City. The City has all powers that the constitutions,
statutes and common law of the United States and of the State of Oregon now or
hereafter expressly or impliedly granted or allowed the City, as fully as though this
Charter specifically enumerated each of those powers.
Section S. Construction of Powers. In this Charter no specification of power is
exclusive or restricts authority that the City would have if the power were not specified.
The Charter shall be liberally construed, so that the City may exercise as fully as possible
all powers possible for it under this Charter and under United States and Oregon law. A
power of the City continues unless the grant of the power clearly indicates the contrary.
WHEREAS, medical marijuana facilities are a new industry and the City seeks to develop
regulations that protect public health and safety; and
WHEREAS, the City of Springfield wishes to develop reasonable regulations for this
industry; and
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WHEREAS, the City of Springfield believes it is in the best interest of the health, safety
and welfare of the citizens of the city to adopt and include such regulations in the
Municipal Code; and
WHEREAS, the City of Springfield has received feedback from patients and stakeholders
in the medical marijuana community having a local Code prohibiting minors on the
premises is a hardship for patients; and
WHEREAS, the Oregon Health Authority through its enforcement mechanisms monitors
and enforcement mechanisms monitors and enforces labeling requirements of medical
marijuana; and
WHEREAS, the City of Springfield has determined that the enforcement on the state
level is consistent with City policy and other enforcement actions by the City.
NOW THEREFORE, based on the forgoing recitals, the Common Council of the City of
Springfield does ordain as follows:
Section 1. Section 7.601 is amended to read:
"The following words and phrases as used in sections 7.600 to 7.603 mean:
Cardholders. Persons authorized under Oregon's Medical Marijuana Program to
buy and transfer medical marijuana. This includes patients, designated primary
caregivers, person responsible for a medical marijuana facility, and person
responsible for a medical marijuana grow site.
DispensarX. A medical marijuana facility registered by the Oregon Health
Authority under ORS 4756.450.
License. A license issued pursuant to Springfield Municipal Code sections 7.000 to
7.006.
Marijuana. The plant Cannabis family Cannabaceae, any part of the plant
Cannabis family Cannabaceae and the seeds of the plant Cannabis family
Cannabaceae. 'Marijuana' does not include industrial hemp, as defined in ORS
571.300."
Section 2. Section 7.603, Operational Requirements, of the Springfield Municipal Code is
hereby amended to remove subsections (2) and (3) and renumber subsections (4) to
(7) accordingly.
Section 3. Except as specifically amended herein, Chapter 7 shall continue in full force
and effect.
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ORDINANCE NO. 6349
Section 4. Severability Clause. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court
of competent jurisdiction, such portion shall be deemed a separate, distinct and
individual provision and such holding shall not affect the validity of the remaining
portion hereof.
Section 5. Effective Date of Ordinance. It is hereby found and determined that the
matters relating to the adoption of this medical marijuana dispensary program are
matters affecting the public health, safety and welfare and that an emergency therefore
exists, and this Ordinance shall therefore take effect immediately upon its passage by
the Council and approval by the Mayor.
ADOPTED by the Common Council of the City of Springfield this 21 day of
MARCH , 2016, by a vote of 5 for and a against.
(1 ABS - Wylie)
APPROVED by the Mayor of the City of Springfield this 21 day of
MARCH 12016.
Mayor
ATTEST:
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City Record r
REVIEWED&APPROVED
ATE:
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ORDINANCE NO. 6349