Notwithstanding ORS § 475C.833 (3)(d), a medical marijuana dispensary may be located within 1,000 feet of a building described in ORS § 475C.833 (3)(d) if:

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(1)(a) The medical marijuana dispensary is not located within 500 feet of:

(A) A building where a public prekindergarten or kindergarten program is provided by a school district or an education service district;

(B) A public elementary or secondary school for which attendance is compulsory under ORS § 339.020; or

(C) A private or parochial elementary or secondary school, teaching children as described in ORS § 339.030 (1)(a); and

(b) The Oregon Health Authority determines that there is a physical or geographic barrier capable of preventing children from traversing to the premises of the medical marijuana dispensary; or

(2) The medical marijuana dispensary was established before August 1, 2017, in accordance with a city or county ordinance adopted under section 29, chapter 83, Oregon Laws 2016. [Formerly 475B.864; 2022 c.81 § 26]