Medical marijuana tightly regulated in Colorado

Marijuana can be purchased at this Denver dispensary in myriad forms, including rolled. Tualatin is trying to keep such dispensaries out of its town even as they become legal in Oregon.

( Beth Nakamura)

Tualatin Mayor Lou Ogden said an ordinance banning medical marijuana dispensaries keeps them out of Tualatin before they legally roll out in Oregon next year.

Councilors narrowly voted Tuesday, Nov. 12 to deny business licenses to those breaking local, state or federal laws. To be enacted, the ordinance needs to pass a second vote on Nov. 25.

Councilor Frank Bubenik warned that the measure exposes the city to litigation. Councilor Ed Truax warned that the ordinance could have unintended consequences for other businesses.

Ogden said he thought of the idea when local marijuana restrictions came up at a League of Oregon Cities board of directors meeting in June. He proposed adopting rules that would ban medical marijuana dispensaries at a June work session. The councilors, except for Ed Truax and Frank Bubenik, agreed, according to City Manager Sherilyn Lombos.

In August, Gov. John Kitzhaber signed a bill legalizing medical marijuana retail outlets. A statewide registry will start taking applications in March.



"The majority of our community would prefer not to have medical marijuana dispensaries in Tualatin," said Ogden. He said he based this off of conversations with some community members, although nothing comprehensive like surveys or the city’s citizen involvement organizations.

An online survey of 1,000 residents in the about 27,000-person city showed increased concern about drug use among young people, especially in schools, said Assistant City Manager Sara Singer.

Lombos said staff chose to change business license rules instead of zoning rules to ban medical marijuana retail stores because it was the easier and more common approach. Medford's council approved identical business license restrictions in September and moved to revoke an existing dispensary's license. Unlike Medford, Tualatin does not have existing dispensaries or applications for one, according to Lombos.

The League of Oregon Cities and lawyers for the state legislature disagree about whether cities can pass such rules. Bubenik said he feared that Tualatin could be the test case for a judge to decide.



Business license applicants in Tualatin must check a box affirming they are in compliance with all laws if the ordinance is enacted. If they aren’t, the city could revoke or not renew the license, Lombos said.

Truax worried that the ordinance could be used as a weapon against politically unpopular businesses, such as crematoriums or composting plants. Laws with small penalties for violations could escalate into shutting a Tualatin business down, he said.

“This is a huge slippery slope nightmare of a mess,” he said.

City Attorney Sean Brady said if city receives a complaint about a law-breaking business, the city (likely a code enforcement officer) would investigate. The business can defend itself in municipal court before its license is revoked. And it's up the city manager's discretion which complaints to investigate.

Lombos said medical marijuana outlets are the only business city staff thought of that would be denied a business license for violating federal law. The city could also revoke licenses from businesses that are running afoul of local and state building and zoning laws, she said.

When asked if there are legal concerns with only enforcing the rule against medical marijuana dispensaries, Brady, the city attorney, said he "wouldn't speculate on possible legal concerns."

--Fenit Nirappil: 503-294-4029