Albany, OR Cannabis Regulations: Buffer Zones (2026)
Key Facts
- Buffer distance
- 300 feet, measured property line to property line
- Buffered zones
- Residential, Mixed-Use, Office Professional, Neighborhood Commercial
- Exempt zones
- Industrial Park, Light Industrial, Heavy Industrial
- Producers and processors
- Indoors in a fully enclosed facility
- Retail and medical
- Same 300-foot rule under § 5.08.025
- Penalty
- Misdemeanor under Chapter 1.04 AMC
Summary
In the City of Albany, Oregon, marijuana uses cannot operate or locate within 300 feet of property zoned Residential, Mixed-Use, Office Professional or Neighborhood Commercial. The buffer does not apply to Industrial Park, Light Industrial or Heavy Industrial property, and producers and processors must be fully indoors.
(a) In addition to such limitations and regulations as may be imposed by State law on recreational marijuana uses pursuant to ORS Chapter 475C, no such marijuana use, marijuana use facility, marijuana testing or research facility nor any person operating as an employee or agent of such facility shall operate or locate within 300 feet of any property zoned Residential as described in Article 3 of the Albany Development Code (ADC); zoned Mixed-Use as described in Article 5 of the ADC; zoned Office Professional (OP) as described in the ADC or zoned Neighborhood Commercial (NC) as described in the ADC. This restriction does not apply to property that is zoned Industrial Park (IP), Light Industrial (LI) or Heavy Industrial (HI). In addition, all marijuana producers and marijuana processors shall be located indoors in a fully enclosed facility. ... (c) Violation of this section shall be a mis-demeanor punishable under the general penalty set forth at Chapter 1.04 AMC.
Full Breakdown
Albany does not measure its cannabis buffer from schools or parks in the sections read here. Section 5.08.026(2)(a) of the Albany Municipal Code measures it from zoning districts. In addition to whatever State law imposes under ORS Chapter 475C, no marijuana use, marijuana use facility, or marijuana testing or research facility, and no employee or agent of such a facility, shall operate or locate within 300 feet of any property zoned Residential under Article 3 of the Albany Development Code, zoned Mixed-Use under Article 5, zoned Office Professional (OP), or zoned Neighborhood Commercial (NC). The restriction does not apply to property zoned Industrial Park (IP), Light Industrial (LI) or Heavy Industrial (HI). In addition, all marijuana producers and marijuana processors shall be located indoors in a fully enclosed facility.
The distance has a defined method. Section 5.08.026(1)(g) says "within 300 feet" means a straight line measurement in a radius extending for 300 feet or less in every direction between any point on the boundary line of the real property on which the marijuana use is located and the real property boundary line containing any property zoned in one of those districts. That is a property-line-to-property-line test, so a lot line matters more than the building location. The chapter defines marijuana uses to mean a marijuana processor, producer, or wholesaler, and states that a marijuana use is not an authorized home occupation. Producers, processors, and wholesalers are the businesses licensed by the Oregon Liquor and Cannabis Commission.
Retail sales and medical facilities follow the same geometry. Section 5.08.026(2)(b) subjects retail sales of marijuana to the same locational limitations applicable to medical marijuana facilities under § 5.08.025, and § 5.08.025(1) says no such facility, nor any employee or agent, shall operate, locate, or dispense marijuana within 300 feet of property zoned residential, Mixed-Use, Office Professional or Neighborhood Commercial, again excepting IP, LI and HI zoning. Under § 5.08.025(2), other medical marijuana businesses, including growers and processors, are subject to the same restrictions as recreational marijuana, but that subsection does not apply to businesses and facilities legally in existence prior to April 12, 2017.
The zones themselves are defined in the Albany Development Code, which is a separate instrument from the Municipal Code, so a parcel's zoning has to be confirmed there.
Violations & Fines
Violation of § 5.08.026 is a misdemeanor punishable under the general penalty set forth at Chapter 1.04 AMC, and § 5.08.025(3) says the same for medical marijuana facilities. AMC § 1.04.010 sets the misdemeanor maximum at a fine of not more than $2,500 or imprisonment not to exceed one year, or both. Each day or portion of a day that a violation continues, or is permitted, is a separate offense.
Frequently Asked Questions
Does Albany, Oregon set a buffer from schools or parks for cannabis?
How is the 300 feet measured in Albany?
Which zones are exempt from the buffer?
Does the same buffer apply to dispensaries in Albany?
Sources & Official References
Other rules in Albany
Compare Albany to another location·View the Oregon cannabis regulations overview
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