Josephine County moves marijuana rules into rural land code; repeal of old chapter set for second reading
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Summary
The Josephine County Board of Commissioners approved first readings Oct. 23 to transfer existing marijuana regulations into the Rural Land Development Code and repeal the old chapter, with both measures set for second readings on Nov. 13 after unanimous 3-0 votes.
Josephine County commissioners on Oct. 23 approved first readings of two related ordinances to move the county's marijuana regulations into the Rural Land Development Code and repeal the existing Chapter 5.35.
The measures were advanced to second reading on Nov. 13 after unanimous 3-0 roll-call votes by Commissioner Smith, Commissioner Barnett and Commissioner Black.
The package of changes transfers the county's marijuana business rules from Chapter 5.35 (adopted 2018) into a new chapter (19.99B) of the Rural Land Development Code and the Josephine County Comprehensive Plan. Community Development planner James Black told the board the rewrite places marijuana land-use rules under the Planning Director's authority and incorporates language on two new items described in the draft: a process by which the Board could revoke OLCC land-use compatibility statements if certain standards are not met (section 19.99B.030) and population-density requirements drawn from 2024 state law (section 19.99B.040).
Leah Harper, presenting the related repeal ordinance for Chapter 5.35, said the 2018 chapter enacted time, place and manner restrictions and is being repealed because its provisions will be carried into the new Rural Land Development Code. "That ordinance was adopted back in 2018 to enact reasonable time, place, and manner restrictions on marijuana," Harper said. "This ordinance is being transferred into chapter 19 by the ordinance that James was just talking about, and so we need to to repeal this ordinance." Harper noted a minor wording change in the final draft.
Black said the amendment process included notice to the Oregon Department of Land Conservation and Development (DLCD), review and recommendation by the Rural Planning Commission after a June 23 public hearing, and earlier Board hearings. He told the commissioners that on April 29, 2025 the Board voted unanimously to forward the amendment to the Rural Planning Commission and that the Board subsequently held public hearings on Aug. 4 and Aug. 25, 2025.
Both ordinances were opened for public testimony; no members of the public spoke at either hearing. The Board voted to move both measures to second reading on Nov. 13, 2025.
What changed and why it matters: moving the text into the Rural Land Development Code centralizes land-use authority and places licensing and compatibility issues under planning review rather than a standalone chapter. The change also makes explicit a revocation process for OLCC (Oregon Liquor and Cannabis Commission) land-use compatibility statements and adopts population-density language that staff says reflects chapter 16 of the 2024 Oregon laws.
The board did not take final action on either ordinance; both are scheduled for second readings on Nov. 13.

