Oregon Statewide Rule

Oregon Marijuana Retailer Local Opt-Out and Zoning (ORS 475C.950)

Some RestrictionsApplies statewide across Oregon (2026)

Key Facts

Governing statute: ORS 475C.950
Local ban requires: Voter-approved ordinance
Retail license: OLCC under ORS 475C.097
Regulator: Oregon Liquor and Cannabis Commission
State preemption: ORS 475C.429 controls

Last verified: July 31, 2026

Summary

Oregon legalizes marijuana retail statewide, but ORS 475C.950 lets a city or county adopt an ordinance, referred to its own voters, that prohibits licensed marijuana retailers. Absent a voter-approved ban, dispensaries operate under OLCC licensing and reasonable local time, place and manner rules.

The governing body of a city or county may adopt ordinances to be referred to the electors of the city or county as described in subsection (2) of this section that prohibit or allow the establishment of any one or more of the following in the area subject to the jurisdiction of the city or in the unincorporated area subject to the jurisdiction of the county: ... (f) Marijuana retailers that hold a license issued under ORS 475C.097;

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Full Breakdown

Under ORS 475C.950, the governing body of an Oregon city or county may adopt an ordinance, which must be referred to local electors for approval, that prohibits or allows marijuana retailers holding a license issued under ORS 475C.097. Where retail is not banned, ORS 475C.449 authorizes reasonable time, place and manner regulations governing how licensed retailers operate, and ORS 475C.101 restricts a retailer's proximity to a school. State law dominates: ORS 475C.429 declares ORS 475C.005 to 475C.525 paramount and superseding of any inconsistent local ordinance. The Oregon Liquor and Cannabis Commission issues and enforces retail licenses.

Violations & Penalties

Selling marijuana without an OLCC retail license, or operating where voters banned retailers, exposes the business to civil penalties under ORS 475C.405 and license revocation under ORS 475C.265; unlicensed marijuana sales are separately criminalized.

Frequently Asked Questions

Can an Oregon city ban marijuana dispensaries?

Yes, but only through an ordinance referred to and approved by the city's or county's voters. Under ORS 475C.950 a governing body cannot unilaterally prohibit licensed retailers without that election.

Who licenses marijuana retailers in Oregon?

The Oregon Liquor and Cannabis Commission issues retail licenses under ORS 475C.097. A city or county cannot license retailers, though it may set reasonable time, place and manner rules under ORS 475C.449.

Can a city control where a dispensary locates?

Yes. ORS 475C.449 lets cities and counties impose reasonable time, place and manner regulations on licensed retailers, and ORS 475C.101 restricts a retailer's proximity to a school.

Sources

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