Cannabis, Land Use and Right to Farm Jim Johnson Land Use and Water Planning Coordinator Oregon Department of Agriculture

Questions Is the growing of Cannabis a farm use? Is the growing of Cannabis a farm use? Can local government regulate the growing of Cannabis? Can local government regulate the growing of Cannabis? Can certain land uses be approved when associated with the growing of Cannabis? Can certain land uses be approved when associated with the growing of Cannabis?

Is growing cannabis a farm use? Marijuana is:  A crop for purposes of “farm use” as defined in ORS (land use)  A product of farm use as described in ORS 308A.062 (property tax) ORS 475B.370

Farm Use means: The current employment of land The current employment of land For the primary purpose of obtaining a profit in money For the primary purpose of obtaining a profit in money By raising, harvesting and selling of crops or the breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or honeybees or for dairying and sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof. By raising, harvesting and selling of crops or the breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or honeybees or for dairying and sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof.

Farm Use means: What about medical marijuana? What about medical marijuana? Not for profit… Not for profit… Applies to both recreational and medical Applies to both recreational and medical (SB 1598, 2016 Legislature)

Farm Use Includes the preparation, storage and disposal by marketing or otherwise of the products or by- products raised on such land for human or animal use. Includes the preparation, storage and disposal by marketing or otherwise of the products or by- products raised on such land for human or animal use. Preparation includes but is not limited to the cleaning, treatment, sorting or packaging of products and by-products. See OAR (7)(b)(A) Preparation includes but is not limited to the cleaning, treatment, sorting or packaging of products and by-products. See OAR (7)(b)(A) Raised on the farm operation where the preparation occurs or on other farm land provided the preparation is occurring only on land being used for the primary purpose of obtaining a profit in money from farm use of the land. See OAR (7)(b)(B) Raised on the farm operation where the preparation occurs or on other farm land provided the preparation is occurring only on land being used for the primary purpose of obtaining a profit in money from farm use of the land. See OAR (7)(b)(B) Processing is not preparation. Processing is not preparation.

Oregon’s Right to Farm Law ORS Two major protection components: Immunity from private action Immunity from private action Prohibition against regulation by local governments Prohibition against regulation by local governments

Oregon’s Right to Farm Law Qualifying Components Lands zoned for farm use Lands zoned for farm use Commercial production of crops, nursery stock, livestock, poultry products or the propagation and raising of nursery stock Commercial production of crops, nursery stock, livestock, poultry products or the propagation and raising of nursery stock Is or may become a generally accepted, reasonable and prudent method for the operation of the farm to obtain a profit in money Is or may become a generally accepted, reasonable and prudent method for the operation of the farm to obtain a profit in money

Right to Farm Nuisance or trespass Nuisance or trespass Protects qualified farming practices from private nuisance/trespass actions Protects qualified farming practices from private nuisance/trespass actions Does not deal with other compatibility issues. Does not deal with other compatibility issues.

Can local government regulate the growing of Cannabis? Marijuana is: A crop for purposes of a “farm” and “farming practice,” both as defined in ORS (Right to Farm). ORS 475B.370(1)(b)

Can local government regulate the growing of Cannabis? Notwithstanding ORS , or , the governing body of a city or county may adopt ordinances that impose reasonable regulations on marijuana operations. ORS 475B.340(2) SB 1598, 2016 Legislature

Right to Farm So, is growing marijuana “protected” by Right to Farm? So, is growing marijuana “protected” by Right to Farm? Conflicting statutes? Regulate except nuisance? EFU v. other zoning districts?

EFU Land Uses ORS 475B.370(2) precludes : Farm dwellings based on the growing of marijuana Farm dwellings based on the growing of marijuana Farm stands used in conjunction with a marijuana crop Farm stands used in conjunction with a marijuana crop Commercial uses in conjunction with a marijuana crop Commercial uses in conjunction with a marijuana crop May allow growing marijuana as a farm use on lands zoned for farm or forest use in the same manner as in an EFU zone. May allow growing marijuana as a farm use on lands zoned for farm or forest use in the same manner as in an EFU zone.

Jim Johnson Land Use and Water Planning Coordinator Oregon Department of Agriculture