Chapter 27: Marijuana Law

This chapter begins with the history of marijuana as a controlled substance under federal law and the recent changes to how this criminal drug law is enforced.

In Part II, the chapter turns to Oregon’s marijuana laws, which include the Oregon Medical Marijuana Act and the Adult and Medical Use of Cannabis Act. This part addresses how the state regulates marijuana-related activities and how these activities are taxed under state law.

In Part III, this chapter addresses the role of local governments under these laws and the degree of autonomy that cities possess under their home rule authority to tax or regulate marijuana. Finally, this chapter offers four appendices with sample ordinances that address “opting out” of local marijuana establishments, as well as a sample tax measure and a sample ordinance that imposes time, place, and manner restrictions on marijuana businesses. ​​​​​