The Josephine County Board of Commissioners has determined that it is in the public interest and necessary for the promotion of the safety, convenience and general welfare of the citizens of Josephine County to have an ordinance which authorizes the County to (A) require marijuana producers, processors, wholesalers, retailers, laboratories and other marijuana businesses to obtain an annual compliance certificate and inspection in order to operate a marijuana business within Josephine County; (B) to impose reasonable regulations on all marijuana businesses within Josephine County relating to odor, security cameras, on-site lighting, and verification of a water source; (C) to establish a maximum density of marijuana businesses within Josephine County; and (D) to allow existing marijuana businesses within Josephine County to continue to operate and expand, so long as they remain in compliance with all applicable state and local regulations.
(Ord. 2025-003, 11/13/2025)
A. 
No marijuana business may lawfully operate in the County without:
1. 
A marijuana compliance certificate issued by the Josephine County Community Development Department;
2. 
Proof of a valid license from the OLCC, OHA or other appropriate state regulatory agency; and
3. 
A Land Use Compatibility Statement (LUCS) stating the use is not prohibited.
(Ord. 2025-003, 11/13/2025)
A. 
No new marijuana compliance certificate shall be issued unless the new business would not exceed the density standards of Section 19.99B.040 or a new license is issued under Section 19.99B.060. Marijuana compliance certificates may be renewed regardless of density standards.
1. 
Marijuana businesses in operation at the time of the ordinance codified in this chapter that already have a LUCS and license from OLCC shall have 30 days from the effective date of the ordinance codified in this chapter to obtain a marijuana compliance certificate before they are subject to subsection A of this section. This timeline may be extended at the discretion of the Planning Director for good cause where progress continues to be made toward obtaining a marijuana compliance certificate.
B. 
Annually, each marijuana business within Josephine County shall apply for a marijuana compliance certificate from the County Community Development Department. The applicant shall apply for a marijuana compliance certificate at least 30 days after the anniversary date of the issuance of the marijuana business' license by the OLCC, OHA, or other appropriate state regulatory agency.
1. 
An application submitted more than thirty (30) but not more than sixty (60) days after the anniversary date of the marijuana business's license shall be assessed a late fee as established by Josephine County.
2. 
An application submitted more than sixty (60) but not more than 120 days after the anniversary date of the marijuana business's license shall be assessed a more significant late fee, as established by Josephine County.
3. 
No marijuana compliance certificate renewal shall issue on applications submitted more than 120 days after the anniversary date of the marijuana business's license. Such applications shall be considered as a new marijuana compliance certificate application and subject to regulations for a new marijuana business.
4. 
The timelines prescribed above may be waived or extended at the discretion of the Planning Director for good cause.
C. 
Every marijuana business within Josephone County shall apply for a marijuana compliance certificate on forms provided by the County and additional information described below:
1. 
A copy of the state license(s) or approval(s) that authorize the marijuana business to operate in Oregon;
2. 
A map or sketch showing the defined boundaries of the premises and location of any buildings associated with the marijuana business, residence, all other buildings, fences, well, septic, driveways, campers, ponds or reservoirs, streams or rivers, dirt piles or berms, signs, and other improvements located on the same tax lot as the marijuana business; including but not limited to the canopy and aerial maps of the premises as required by the OLCC.
3. 
A map showing the size and scope of the marijuana production site, including the number of plants for a medical marijuana production site, and the projected canopy size for a recreational marijuana production site; including but not limited to the canopy and aerial maps of the premises as required by the OLCC;
4. 
If on a private road or easement, copy of a road maintenance agreement, should a recorded agreement exist;
5. 
Proof of legal interest in the property, and the person(s) or business whom have an interest in the lot or parcel where the marijuana business is to be located;
6. 
Calendar of anticipated hours of operation, including harvest season;
7. 
List of mechanically generated equipment which may exceed 50 dB(A);
8. 
Information establishing the existence of an odor control system for an indoor marijuana production site;
9. 
If the site is a nonconforming use, a copy of a determination of a nonconforming use; and
10. 
Any additional information requested from the marijuana business by the Planning Director to establish compliance with all state and local laws and regulations.
D. 
The final approval and issuance of a marijuana compliance certificate is subject to an on-site inspection of the marijuana business by the Building Official, or his or her designee. The inspection will be for the limited purpose of inspecting the property and related records as provided for in this chapter, and local and Oregon law. A marijuana business shall be subject to inspection by the County at any time during the marijuana compliance period. Except by mutual agreement with the marijuana business or by court order, any inspection under this section may occur only during the marijuana business's regular business hours.
E. 
Any marijuana business that is found to be out of compliance with any state or local law or regulation at the time of application for a marijuana compliance certificate at any time during the marijuana compliance period, or at the time of renewal of the marijuana compliance certificate shall be informed of the nature of the violations by the Planning Director or his or her designee by certified mail. The marijuana business shall have 30 days from the date of mailing to remedy all violations. If more time is required to remedy the violations, the marijuana business, within the initial 30-day period, shall make any request for an extension of time in writing. Upon receipt of the written request, the 30-day period may be extended at the sole discretion of the Planning Director. Failure to remedy violations within the time period prescribed by these rules or by the Planning Director may result in the non-issuance or revocation of the marijuana compliance certificate.
F. 
If a marijuana compliance certificate is revoked or a renewal application results in non-issuance, any subsequent marijuana compliance certificate application for the same property shall be reviewed as a new application and subject to all applicable provisions.
G. 
The marijuana business shall immediately inform the County in writing of any proposed substantial changes submitted to the OLCC, OHA, or other state regulatory agency to the marijuana business, including, but not limited to:
1. 
A proposed change of ownership or possessory interest;
2. 
Any proposed changes involving the nature, scope, management, location, increase, or decrease in size of the marijuana business; or
3. 
A proposed change in the methodology by which oils are extracted or processed.
H. 
Revocation of Compliance Certificate or Denial of Renewal. A marijuana compliance certificate may be revoked, or a renewal application denied, by the Planning Director if the marijuana business does not have a license issued by OLCC and/or does not meet the requirements described in subsection C of this section. The procedure for revocation or denial of renewal shall be the same as for revocation of permits, JCC § 19.41.040.
(Ord. 2025-003, 11/13/2025)
A. 
A marijuana business without a valid compliance certificate shall have any previously issued Land Use Compatibility Statement revoked and the Oregon Liquor and Cannabis Commission (OLCC) shall be notified. The landowner may submit a new LUCS for review, which shall be subject to review as though for a new business.
B. 
The Josephine County Board of Commissioners shall hear any proceedings for LUCS revocation, which may be consolidated with proceedings on an appeal of a revocation or denial of renewal of a marijuana compliance certificate.
C. 
Revocation Procedure. The revocation of a LUCS shall be subject to the following procedures:
1. 
The Community Development Department shall mail the landowner a written statement of the proposed revocation at least thirty (30) days prior to the date of revocation. The notice shall contain:
a. 
A detailed statement identify the specific reason(s) for revocation, including reference to specific local regulations and the authority and jurisdiction for the revocation;
b. 
A statement of the right to request a hearing on the LUCS revocation, with a description of the procedure for requesting a hearing;
c. 
A statement advising that if no request for hearing is received within 15 days from the date the notice is mailed, or if the landowner fails to attend the scheduled hearing, an order by default for the revocation of the LUCS shall be entered if a prima facie case is made on the record; and
d. 
A statement that revocation will take effect upon issuance of an order, and provide the date the order will issue if no hearing is requested.
2. 
If no hearing is requested, the order by default shall be issued and the record shall be established at that time.
3. 
If a hearing is requested, the procedures described in JCC § 19.25.020 (Rules of procedure), JCC § 19.25.030 (Public hearing and notice), and JCC §§ 19.25.040A through D shall be followed. Procedure during the hearing shall comply with ORS 183.417(5) through (10). At the conclusion of the hearing, the Board may either (1) revoke the LUCS; or (2) continue the LUCS.
a. 
If the landowner fails to attend the scheduled hearing, the record shall be made at that hearing and an order by default shall be issued.
4. 
Order. A final order revoking or continuing a LUCS shall be accompanied by findings of fact and conclusions of law and may be accompanied by an opinion. An order shall include a statement that the order is appealable to the Land Use Board of Appeals (LUBA). The findings of fact shall consist of a concise statement of the underlying facts supporting the findings as to each contested issue of fact and as to each ultimate fact required to support the order. A copy of the final order and accompanying findings of fact and conclusions of law shall be delivered or mailed to each party or their attorney.
5. 
Appeal. A land use decision by the Board may be appealed to the Oregon Land Use Board of Appeals as provided by state law.
D. 
Notice to OLCC. The Community Development Department shall promptly provide notice to OLCC of the following:
1. 
Initiation of proceedings to revoke a LUCS;
2. 
Outcome of proceedings to revoke a LUCS, including a copy of any order and accompanying findings of fact and conclusions of law;
3. 
Initiation and outcome of any appeal of a decision to revoke or continue a LUCS to the Land Use Board of Appeals or any other appellate court; and
4. 
Initiation and outcome of any remand proceedings regarding a decision to revoke or continue a LUCS.
(Ord. 2025-003, 11/13/2025)
A. 
Except as provided in Section 19.99B.050, the number of marijuana businesses within Josephine County shall not exceed the following ratios:
1. 
One (1) marijuana production site per 7,500 County residents who are 21 years of age or older.
2. 
One (1) marijuana retail site per 7,500 County residents who are 21 years of age or older.
3. 
One (1) marijuana wholesale site per 12,500 County residents who are 21 years of age or older.
4. 
One (1) marijuana processing site per 12,500 County residents who are 21 years of age or older.
B. 
New and relocated marijuana retailer or dispensary sites shall not be established within:
1. 
1,000 feet of any school, as provided in ORS 475C.097(2)(d) and ORS 475C.833(3)(d), daycare, or church.
2. 
1,000 feet of any other marijuana retailer or dispensary site.
(Ord. 2025-003, 11/13/2025)
In addition to other applicable standards for development under this title, the following standards shall apply to marijuana businesses:
A. 
Odor.
1. 
A building or structure used for the indoor production of marijuana shall be equipped with an activated carbon filtration system for odor control to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter. The filtration system shall consist of one or more fans and activated carbon filters. At a minimum, the fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the applicable CFM.
2. 
The filtration system shall be maintained in working order and shall be in use during regular business hours. The filters shall be changed a minimum of once every 365 days.
3. 
Doors and windows shall remain closed, except for the minimum length of time needed to allow people to ingress or egress the building.
4. 
An alternative odor control system is permitted if the applicant submits a report by a mechanical engineer licensed in the state of Oregon demonstrating that the alternative system will control odor as well as or better than the activated carbon filtration system otherwise required.
B. 
Lighting.
1. 
Light cast by light fixtures inside a building used for a marijuana business shall not be visible from dwellings on adjacent properties, nor cast light onto adjacent properties nor upward into the night sky, between the hours of 7:00 p.m. to 7:00 a.m.
2. 
Outdoor marijuana grow lights shall not be illuminated from 7:00 p.m. to 7:00 a.m.
3. 
Light cast by exterior light fixtures other than marijuana grow lights (e.g., security lights, driveway lights) shall be shielded or use a hood and lens that cast light downward so as to ensure no light is cast onto adjacent properties or upward into the night sky. If the lighting mechanism does not utilize a hood or lens, lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the lamp or diffusing element, or indirectly by reflection or refraction, is projected below the horizontal plane through the lowest light-emitting part.
C. 
Fences, Walls, and Screens.
1. 
If a vegetative screen is allowed by state law and this title, the vegetative screening shall be planted so that when fully grown the canopy is retained solely on the lot with the marijuana production area. The vegetative screening, when mature, must be capable of screening mature marijuana plants/crops within three years of the planting of the vegetative screen. The screen shall be maintained to provide a live vegetative screen of the height required by state law and this title.
2. 
Shade cloth used for shading of plants is allowed for a temporary period not to exceed three consecutive months, and the shade cloth must be removed at the end of the growing season.
D. 
Security.
1. 
If utilized, on-site security cameras shall be directed to record only the subject property and public right-of-way, except as required to comply with licensing requirements of the OLCC or registration requirements of the OHA.
2. 
Security personnel must be permitted marijuana workers per the state of Oregon and comply with all laws governing the provision of security services.
E. 
Nonconforming Marijuana Business Standards. The following standards shall apply to all nonconforming marijuana business sites, in addition to other applicable standards for development under this section and title:
1. 
Setbacks. All marijuana plants shall be a minimum of 150 feet from the appurtenances of all dwellings on contiguous lots or parcels, as measured from the edge of the canopy of the marijuana plants.
2. 
Hours of Operation. With the exception of residents, guests, and employees who serve to guard a marijuana production site, regular business hours shall be:
a. 
From 7:00 a.m. to 7:00 p.m., beginning on November 11th and ending on September 19th annually.
b. 
From 5:00 a.m. to 9:00 p.m., beginning on September 20th and ending on November 10th annually.
3. 
Mechanically Generated Noise. Mechanically generated noise shall not exceed 50 dB(A), measured at the property lines of the marijuana business site, during business hours.
4. 
Expansion, Alteration or Transfer. A nonconforming marijuana business site may:
a. 
Expand and/or be altered on the same property, as approved by OLCC;
b. 
Be transferred to a new owner of the same property, as approved by OLCC; and/or
c. 
Be transferred to another property, if the new site meets zoning requirements.
(Ord. 2025-003, 11/13/2025)
Businesses already legally operating at the passage of the ordinance codified in this section will be granted the same rights and responsibilities as current OLCC licensees, including the ability to expand in alignment with any future OLCC changes.
A. 
LUCS Issuance Standards.
1. 
Changes of ownership.
2. 
Change of location.
3. 
Amendment to an existing OLCC license.
B. 
LUCS Application Requirements. Applicants must include an active OLCC license number, based in Josephine County in the "details for proposed use" section of the OLCC LUCS form.
C. 
Marijuana Compliance Certificate Requirements. Must be applied for with newly issued license number.
(Ord. 2025-003, 11/13/2025)