The production and processing of commercial recreational and medical marijuana are regulated by Jackson County Land Development Ordinance chapter 3.13. For marijuana extraction regulations, please contact Development Services for specific details.
Many regulatory agencies have jurisdiction over various areas of marijuana production. We encourage you to familiarize yourself with each agencies regulations by visiting their websites. There are links to additional resources and other agencies on the lower right side of this page.
The following is intended to answer the most frequently asked questions and offer guidance on County ordinances related to marijuana production in Jackson County.
What is considered commercial marijuana production?
Marijuana grow sites with more than ten (10) plants are considered commercial. In general, homegrown recreational or medical marijuana is equal to four (4) recreational plants and up to six (6) mature medical plants as allowed by State Statute.
Does the County require a permit to grow commercial marijuana?
Yes. Growing marijuana in excess of ten (10) plants as indicated above and / or beyond State Statute requires land use approval. In addition, producers must obtain a license from the Oregon Liquor Control Commission for recreational grows or registration from The Oregon Health Authority for medical grows. Contact Development Services Planning Department for information about obtaining land use approval or see our Marijuana Grow Permitting FAQ’s.
What if I am only growing medical marijuana?
Jackson County Codified Ordinance 3.13 does not distinguish medical marijuana from recreational marijuana.
Do I need a permit for a wood, solid, or semi-solid fence?
If the fence is over 7 feet, a building permit is required from Jackson County Development Services. Land use authorization may also be required and any fence over 8 feet whether solid or not requires a permit.
Can landscape or shade cloth be used to screen a marijuana grow site?
No. Commercial marijuana grow sites are prohibited from using any temporary materials to screen a marijuana grow site. This also includes tarps, hay bales, plastic sheeting or any other material that may easily detach or breakdown.
Are there restricted times for the operation of greenhouse lights?
Yes. Marijuana greenhouse lights are prohibited between 7:00PM and 7:00AM the following day unless a light deprivation system is being utilized. No light may escape from the greenhouse during the prohibited times.
Can RV’s, tents, campers or other camping vehicles be used at marijuana grow sites?
No tent camping, RV’s or other overnight accommodations are authorized in conjunction with a marijuana grow site without approval from Development Services.
How is water regulated for commercial marijuana production?
The land use application process requires the applicant to disclose a lawful source of water. This can be in the form of a water right, irrigation contract or water delivery service contract. If an approved marijuana grow site is found to be in violation of the water conditions set forth in the land use approval, civil enforcement action may be taken.
Can a well be used to water a commercial marijuana grow site?
Water for cultivation/growth of marijuana, whether in a greenhouse or not, does not require a water right permit provided that the irrigation is no more than one-half acre in area and the cultivation is non-commercial. Use of groundwater to grow marijuana plants where there is intent to profit requires a water right issued by the Oregon Water Resources Department. Please contact the District 13 Watermaster at (541)774-6880 if you have questions or visit our web page at http://jacksoncountyor.org/Departments/Watermaster/Home.
How do I file a complaint about a grow site I believe is not utilizing lawful water?
The Oregon Water Resource Department has jurisdiction over all Oregon water related violations. Visit their website at http://jacksoncountyor.org/Departments/Watermaster/File-a-Complaint for more information, or to file a water use complaint.
Where is marijuana waste stored at marijuana grow sites?
All marijuana waste is required to be kept in a secured waste receptacle and in the possession and under the control of the licensee.
Can marijuana waste be burned outdoors?
No. Outdoor marijuana waste burning is prohibited.
What are the requirements and regulations for security cameras?
Security cameras may only be used to capture the subject property and public rights-of-way, except as required to comply with State licensing requirements. All security camera use in commercial marijuana grow sites are subject to review to ensure compliance with this standard.
Are there ordinances for the odor emitted from marijuana grow sites?
No. The odor emitted from marijuana grow sites is not regulated or enforceable.
I am worried about the use of pesticides and fertilizers near my well, or other water source. Who do I contact?
The Oregon Department of Agriculture (ODA), Agricultural Water Quality Program and The Department of Environmental Quality (DEQ), Water Quality Program has jurisdiction and regulations regarding water quality concerns related to agricultural activities.