To protect the public from unlawful use and sale of recreational marijuana. All recreational marijuana sales shall be administered in accordance with the provisions of HB 3400, ORS Chapter 475, and all applicable Oregon Administrative Regulations. Registration or licensing by the Oregon Liquor Control Commission (OLCC) is not a guarantee that any recreational marijuana business will be permitted to operate in the city of Springfield.
These regulations set forth by the Springfield Municipal Code provide reasonable regulations to supplement the rules promulgated by OLCC. These regulations are intended to address solely the issue of producing, processing, transporting, selling, testing, or delivering marijuana for commercial recreational use. These regulations do not address and shall not be applied to any medical or other use of marijuana that does not relate to the authorized use under Oregon’s existing Medical Marijuana Act.
[Section 7.1100 added by Ordinance No. 6353, enacted May 16, 2016]
Cannabinoid.
Any of the chemical compounds that are the active constituents of marijuana.
Cannabinoid Concentrate.
A substance obtained by separating cannabinoids from marijuana by: (a) a mechanical extraction process; (b) a chemical extraction process using a nonhydrocarbon-based or other solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol; or (c) A chemical extraction process using the hydrocarbon-based solvent carbon dioxide, provided that the process does not involve the use of high heat or pressure.
Cannabinoid Edible.
Food or potable liquid into which a cannabinoid concentrate, cannabinoid extract or dried marijuana leaves or flowers have been incorporated.
Cannabinoid Extract.
A substance obtained by separating cannabinoids from marijuana by: (a) a chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane or propane; (b) a chemical extraction process using the hydrocarbon-based solvent carbon dioxide, if the process uses high heat or pressure; or (c) any other process identified by law.
Cannabinoid Product.
A 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. “Cannabinoid product” does not include: (a) usable marijuana by itself; (b) a cannabinoid concentrate by itself; (c) a cannabinoid extract by itself; or (d) industrial hemp, as defined in ORS 571.300.
Consumer.
A person who purchases, acquires, owns, holds, or uses marijuana items other than for the purpose of resale.
License.
A license issued pursuant to Springfield Municipal Code sections 7.000 to 7.006.
Marijuana.
All parts of the plant of the Cannabis genera of the family Cannabaceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin, as may be defined by Oregon law. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. The definition of marijuana includes, but is not limited to, all marijuana-infused products and marijuana extract.
Marijuana Items.
Marijuana, cannabinoid products, cannabinoid concentrates, and cannabinoid extra.
Non-Retail Recreational Marijuana Business.
Any person or entity, other than a retail recreational marijuana business, that processes, produces, transports, sells, tests, or delivers marijuana or marijuana items for commercial recreational use within the city. Recreational marijuana business does not include medical marijuana dispensaries as defined in section 7.601 of this code.
Processes.
The processing, compounding, or conversion of marijuana into cannabinoid products, cannabinoid concentrates, or cannabinoid extracts.
Produces.
The manufacturing, planning, cultivating, growing, or harvesting of marijuana.
Retail Recreational Marijuana Business.
Any person or entity that is engaged in the retail sale of marijuana or marijuana items for commercial recreational use within the city. Recreational marijuana business does not include medical marijuana dispensaries as defined in section 7.601 of this code.
Retail Sale.
The transfer of marijuana or marijuana items in exchange for any valuable consideration to a consumer.
[Section 7.1101 added by Ordinance No. 6353, enacted May 16, 2016]
(1) 
No person shall establish, maintain, or operate a business that is engaged in the retail sale of marijuana or marijuana items for commercial recreational use within the city unless a license for that use is obtained from the city. Every place or building where a recreational marijuana business engaged in retail sales is carried on, whether for profit or not, shall be deemed a retail recreational marijuana business subject to the provisions of sections 7.1100 to 7.1104. Each licensee shall meet the requirements set forth in sections 7.000 to 7.006.
(2) 
No person shall establish, maintain, or operate a business that produces, processes, transports, sells, tests, or delivers marijuana or marijuana items for commercial recreational use other than retail sale within the city unless a license for that use is obtained from the city. Every place or building where a non-retail recreational marijuana business is carried on, whether for profit or not, shall be deemed a non-retail recreational marijuana business subject to the provisions of sections 7.1100 to 7.1104. Each licensee shall meet the requirements set forth in sections 7.000 to 7.006.
(3) 
A license issued under this section may be suspended, terminated, or revoked if the standards are not met or if the business is sold or otherwise transferred as defined in this section. No person may engage in retail or non-retail recreational marijuana business without the appropriate license as defined in this chapter.
(4) 
No license will be issued without proof of registration to operate a retail or non-retail recreational marijuana business issued by the state of Oregon.
(5) 
The city may deny a license if any owner, manager, operator, employee, agent, or volunteer has been convicted of violating a general or local law of this state or another state, or of violating a federal law, if the conviction is substantially related to the fitness and ability of the applicant to lawfully carry out activities under the license; provided however that the city may not consider the prior conviction of the applicant or any owner, director, officer, manager, employee, agent, or other representative of the applicant for:
(a) 
The manufacture of marijuana, if the date of the conviction is more than five years before the date of the application to the city and the person has not been convicted more than once for the manufacture or delivery of marijuana;
(b) 
The delivery of marijuana to a person 21 years of age or older, if the date of the conviction is more than five years before the date of the application to the city, and the person has not been convicted more than once for the manufacture or delivery of marijuana; or
(c) 
The possession of marijuana.
(6) 
Application for a license must include the information necessary for background checks of a criminal record of any owner, manager, operator, employee, agent, or volunteer. The city of Springfield will conduct all necessary background checks.
(7) 
No license shall be issued until after a background check of the criminal record by the police department of the applicant and all individuals employed or volunteering with the retail or non-retail recreational marijuana business.
(8) 
The licensee must notify the city and submit necessary information for background checks of a criminal record of any new owner, manager, operator, employee, agent, or volunteer.
(9) 
The requirements of sections 7.1100 to 7.1104 shall apply to the owners, managers, operators, employees, agents, and volunteers of the licensee’s business.
(10) 
The licenses authorized by the city shall be displayed in the window such that it is clearly visible from the nearest public right-of-way. The sign shall be no less than eight inches by 11 inches in size.
[Section 7.1102 added by Ordinance No. 6353, enacted May 16, 2016]
(1) 
No person shall operate a retail or non-retail recreational marijuana business without a valid business license issued by the Oregon Liquor Control Commission.
(2) 
All recreational marijuana businesses must abide by the applicable regulations governing recreational marijuana producers, retailers, processors, wholesalers, and testing laboratories, as those terms are defined in Oregon Administrative Rules Chapter 845, Division 25, and all other applicable regulations.
(3) 
All recreational marijuana businesses must be located in accordance with Oregon Administrative Rules Chapter 845, Division 25, and the Springfield Development Code.
(4) 
No minors shall be permitted on the premises of any recreational marijuana business except as described in subsections (4)(a) and (4)(b).
(a) 
A minor, other than an employee of a marijuana business, may be on the premises of a marijuana business for a limited period of time in order to accomplish a legitimate business purpose, including but not limited to, a minor plumber being on the premises in order to make a plumbing repair.
(b) 
A minor who resides on the tax lot or parcel where a marijuana producer is licensed may be present on those portions of the premises that do not contain usable marijuana or cut and drying marijuana plants.
(5) 
Sign Code. All recreational marijuana businesses shall be subject to the requirements of sections 8.200 through 8.268, the Springfield Sign Code.
(6) 
Alarm Business License. All recreational marijuana businesses, including recreational marijuana businesses that are required by law to have an alarm system, must comply with the requirements of sections 7.010 to 7.026 of this code.
(7) 
Gross Receipts Tax. All recreational marijuana businesses shall comply with the requirements of sections 7.1000 to 7.1014 of this code.
(8) 
Hours of Operation. No sale or other distribution of marijuana shall occur upon the premises or via delivery between 10:00 p.m. and 7:00 a.m.
(9) 
Giveaways. Recreational marijuana businesses shall not distribute marijuana or marijuana-infused products free of charge to consumers.
(10) 
Consumption on Premises Prohibited. Consumption, ingestion, inhalation, or topical application of usable marijuana, marijuana items, alcohol, or other intoxicants anywhere on the premises of the recreational marijuana business shall be prohibited; except as allowed under OAR 333-008-1200.
[Section 7.1103 added by Ordinance No. 6353, enacted May 16, 2016]
Each licensee shall be required to pay the applicable license fee as set by council resolution. The license fees for retail recreational marijuana businesses and non-retail recreational marijuana businesses need not be the same.
[Section 7.1104 added by Ordinance No. 6353, enacted May 16, 2016]