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A bill that would allow local governments to regulate medical marijuana outlets will be taken up by Oregon lawmakers in February.

(Beth Nakamura/The Oregonian)

Lawmakers in February will take up a proposed bill that would give local governments the ability to regulate and restrict medical marijuana facilities.

Senate Bill 1531, sponsored by state Sen. Bill Hansell, R-Athena, and state Sen. Rod Monroe, D-Portland, would allow cities and counties to "regulate or restrict operation of medical marijuana facility, prohibit registration of medical marijuana facility, or regulate, restrict or prohibit storing or dispensing of marijuana by facility legally authorized to store or dispense marijuana."

The legislation was filed at the request of the Association of Oregon Counties and the League of Oregon Cities. The proposal says the changes would be effective March 1, two days before the state begins registering medical marijuana facilities.

The issue of local control has been a contentious one since Oregon lawmakers passed a law last year creating a registry of medical marijuana dispensaries, already a thriving but unchecked industry in the state.

The Medford City Council last fall responded by changing the city’s business license ordinance, which now stipulates that establishments must be in compliance with local, state and federal laws. Marijuana is outlawed under federal law.

Other cities are considering considering moratoriums until they can draft regulations for the establishments.

Local control over marijuana establishments has cropped up elsewhere. In Washington state, which legalized recreational marijuana, the attorney general last week issued a non-binding opinion that concluded local governments may ban marijuana shops.

Attorneys for the Oregon Legislature last year analyzed House Bill 3460, the dispensary law, and concluded that it allows only the state to regulate dispensaries.

"We conclude that while a municipality may not be required to violate federal law to comply with a conflicting state law, a municipality may not act contrary to state law merely because the municipality believes that the action will better carry out the purposes and objectives of federal law," wrote Charles D. Taylor, senior deputy legislative counsel.

Rob Bovett, former Lincoln County District Attorney who is now legal counsel for the Association of Oregon Counties, said the proposed bill offers local governments some clarity. Without it, the issue of local control will end up in the courts, he said.

-- Noelle Crombie