When not clearly indicated by context, the following words and phrases as used in this article shall have the following meanings:
Attractive to Minors.
Packaging, labeling and advertising that features:
1. 
Cartoons;
2. 
A design, brand or name that resembles a non-cannabis consumer product of the type that is typically marketed to minors;
3. 
Symbols or celebrities that are commonly used to market products to minors;
4. 
Images of minors; or
5. 
Words that refer to products that are commonly associated with minors or marketed by minors.
Cannabinoid Concentrate.
A substance obtained by separating cannabinoids from marijuana by a mechanical extraction process or a chemical process that does not use a hydrocarbon-based solvent and/or high heat or pressure.
Cannabinoid Extract.
A substance obtained by separating cannabinoids from marijuana by any chemical extraction process using a hydrocarbon-based solvent and/or high heat or pressure.
Cannabinoid Product.
Cannabinoid edible and any other product intended for human consumption or use, including a product intended to be applied to the skin or hair, that contains cannabinoids or dried marijuana leaves or flowers; including:
1. 
Usable marijuana, cannabinoid extracts and cannabinoid concentrates that have been combined with an added substance; or
2. 
Any combination of useable marijuana, cannabinoid extracts and cannabinoid concentrates.
Cannabinoid product does not include:
1.
Usable marijuana by itself;
2.
A cannabinoid concentrate by itself;
3.
A cannabinoid extract by itself; or
4.
Industrial hemp, as defined in State law.
Childcare Facility.
A residence or building used to provide substitute residential care for children as provided under State law.
Hemp.
All non-seed parts and varieties of the cannabis plant, whether growing or not, that contain an average tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry weight basis.
Industrial Hemp Certificate.
A person or facility who produces and/or processes agriculture hemp and is registered with the Department of Agriculture and in compliance with all State and local laws.
Laboratory.
A site certified under State law authorized to sample or test marijuana items for purposes specified by State law.
Marijuana.
The plant cannabis family cannabaceae, any part of the plant cannabis family cannabaceae and the seeds of the plant cannabis family cannabaceae; not including industrial hemp, as defined in State law.
Marijuana Facility.
Any retail, production, processing, wholesaling, or other facility licensed under the State marijuana laws.
Marijuana Laboratory License.
A laboratory licensed under State law.
Medical Marijuana Dispensary.
A person or facility licensed by the OHA that sells cannabinoid products, extracts and concentrates to OMMP patients over the age of 18 in this State and is in compliance with all State and local laws.
Medical Marijuana Extraction Processor.
A person or facility licensed by the OHA that processes marijuana for medical purposes using a chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane or propane, a chemical extraction process using the solvent carbon dioxide, if the process uses high heat or pressure; or any other process identified by the OHA, in consultation with the authority, by rule.
Medical Marijuana Grow Site.
A location designated and registered through OHA and in compliance with State law where marijuana is produced for use by a patient, for transfer to a registered processing site or dispensary.
Medical Marijuana Processor.
A person or facility that is licensed by the OHA to perform processing, compounding or conversion of marijuana into cannabinoid products, cannabinoid concentrates or cannabinoid extracts, without using hydrocarbons and/or high heat or pressure, and is in compliance with all State and local laws.
Medical Purpose.
A purpose related to using useable marijuana, cannabinoid products, cannabinoid concentrates or cannabinoid extracts to mitigate the symptoms or effects of a debilitating medical condition as defined in State law.
Minor.
A person under 21 years of age.
Noncommercial.
Not dependent or conditioned upon the provision or receipt of financial consideration.
OAR.
Oregon Administrative Rules.
OHA.
Oregon Health Authority.
OLCC.
Oregon Liquor Control Commission.
ORS.
Oregon Revised Statutes.
Psilocybin Service Center.
An establishment at which administration sessions of psilocybin are held and at which other psilocybin services may be provided. Such an establish must conform to current State law.
Public Park.
A public property that covers more than 20,000 square feet and has recreational facilities such as a playground, basketball court, football field, soccer field, tennis court, basketball court, or volleyball court. For the purposes of this article, only those parks which are actively used as such will be considered for buffers.
Recreational Home Grow Site.
A site at a private home where up to four plants may be grown by a person 21 years of age or older for noncommercial purposes.
Recreational Marijuana Extraction Processor.
A person or facility licensed by the OLCC that processes marijuana using a chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane or propane; a chemical extraction process using the solvent carbon dioxide, if the process uses high heat or pressure; or any other process identified by the Commission, in consultation with the authority, by rule.
Recreational Marijuana Processor.
A person or facility that is licensed by the OLCC to perform processing, compounding or conversion of marijuana into cannabinoid products, cannabinoid concentrates or cannabinoid extracts, without using a chemical process and is in compliance with all State and local laws.
Recreational Marijuana Producer.
A person or facility that is licensed by the OLCC that produces (grows) marijuana in this State and is in compliance with all State and local laws.
Recreational Marijuana Research Certificate.
A person or facility that performs marijuana research under the authority of the OLCC, in coordination with the Oregon Health Authority and Oregon Department of Agriculture.
Recreational Marijuana Retailer.
A person or facility that is licensed by the OLCC that sells marijuana products, extracts and concentrates to a consumer over the age of 21 in this State and is in compliance with all State and local laws.
Recreational Marijuana Wholesaler.
A person or facility that is licensed by the OLCC that purchases marijuana items from processors and producers in this State for resale to an OLCC facility other than a consumer and is in compliance with all State and local laws.
School.
Real property comprising a public or private elementary, secondary, or career school attended primarily by persons under the age of 18.
Security Plan.
A plan as required by State law that fully describes how an applicant will comply with applicable laws and rules regarding security.
(Ord. 16-09, 2016; Ord. 18-11, 2018; Ord. 19-09, 2019; Ord. 22-15, 2022)
A. 
All distances shall be measured in a straight line from the closest edge of each property line.
B. 
No marijuana facility or psilocybin service center shall be located within 50 feet of the Downtown Business Overlay Zone or within 50 feet of any area zoned Mixed Use or within 150 feet of any real property comprising a school attended primarily by minors.
C. 
No marijuana facility or psilocybin service center shall be located within 400 feet of an area zoned for residential use.
D. 
No recreational marijuana retailer or medical marijuana dispensary or psilocybin service center shall be located within 1,000 feet of the real property comprising a school, public library, park, recreation center or facility, licensed childcare facility, public transit center, or any game arcade where admission is not restricted to persons age 21 years or older.
E. 
No retail marijuana facility shall be within 1,000 feet of another retail marijuana facility.
F. 
No psilocybin service center shall be within 1,000 feet of another psilocybin service center.
(Ord. 14-02, 2014; Ord. 16-09, 2016; Ord. 18-11, 2018; Ord. 19-09, 2019; Ord. 22-15, 2022)
A. 
All marijuana facilities shall conduct operations inside secure, enclosed structures. No production, processing, storage, or sales may be conducted out of doors or in view of the general public.
B. 
No marijuana facility shall cause or allow an offensive odor of marijuana products to emanate from a structure or property.
C. 
Any marijuana facilities located within 1,000 feet of a primary or secondary school shall have its entrances and exits hidden from the view of any person on the property of the school.
D. 
All marijuana facilities shall be licensed by the State and comply with all applicable State laws and regulations.
E. 
Marijuana facilities shall only be developed in accordance with the provisions of the Community Development Ordinances, Chapters 10 through 14.
(Ord. 18-11, 2018; Ord. 19-09, 2019)
All marijuana facilities shall comply with all appropriate State laws and regulations to ensure the security and appropriate monitoring of the facilities and have at a minimum an approved security plan.
(Ord. 19-09, 2019)
A. 
In addition to the State laws and regulations for marijuana processing, marijuana processing facilities must:
1. 
Install and operate security systems intended to deter theft and other crimes.
2. 
Limit access to regulatory agencies, licensed individuals and their employees.
B. 
Marijuana processing facilities shall not transfer marijuana products to any entity other than those defined in State law.
(Ord. 16-09, 2016; Ord. 18-11, 2018; Ord. 19-09, 2019)
A. 
A recreational marijuana retailer or medical marijuana dispensary may not transfer any marijuana-infused product that is meant to be swallowed or inhaled, unless the product is packaged in child-resistant safety packaging.
B. 
A recreational marijuana retailer or medical marijuana dispensary may not transfer any marijuanainfused product that is packaged in a manner that is attractive to minors.
(Ord. 14-02, 2014; Ord. 16-09, 2016; Ord. 18-11, 2018; Ord. 19-09, 2019)
Mobile marijuana facilities are prohibited. No person shall locate, operate, own, allow to be operated or aide, abet or assist in the operation of any mobile marijuana facility which transports or delivers, or arranges the transportation or delivery, of marijuana to a person.
(Ord. 14-02, 2014)
Operation of any marijuana facility within the City in violation of the provisions of the City Code is hereby declared a public nuisance and shall be abated pursuant to all available remedies.
(Ord. 14-02, 2014; Ord. 2018-11, 2018)
A. 
The City consents to Klamath County regulating tobacco retail licensing within the Klamath Falls City limits.
B. 
Notwithstanding subsection A above, any retailer which is in compliance with the current regulations and is selling tobacco products as of September 5, 2023, at a location that would be barred due to the license requirements of the County regulations shall be treated as a non-conforming use as allowed by City Code Chapter 12, Article 20.
C. 
Notwithstanding subsection A above, the application of buffer zones between retailers and near schools within the City limits shall not commence until September 5, 2025.
(Ord. 17-09 § 1, 2017; Ord. 23-11 § 1, 2023)