Tualatin effectively bans medical marijuana dispensaries amid disagreement about legality
By Fenit Nirappil (Source:OregonLive.Com)
A divided Tualatin City Council effectively banned medical marijuana retail outlets, following Medford and Gresham’s lead, amid a debate about whether local governments have such power.
Under new rules approved this week, businesses must be in compliance with all local, state and federal laws to receive a business license in Tualatin. Marijuana remains illegal under federal law. Oregon legalized marijuana retail establishments earlier this year. Applications for a state registry begin in March 2014.
This language, packaged with housekeeping changes to Tualatin’s business license regulations, made no reference to medical marijuana in either the staff report or staff presentation to council. Finance Director Don Hudson’s example of applying the provision was for a business not in compliance with state building codes.
Councilor Frank Bubenik pointed out that the change mirrors Medford, which passed an identical measure in September. He warned that Tualatin faces a lawsuit, a risk Tualatin City Attorney Sean Brady acknowledged.
State legislature attorneys said local governments cannot regulate medical marijuana outlets, while the League of Oregon Cities disagrees.
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