Medical Marijuana Grows in Residential Areas

Report an illegal marijuana grow in a residential area.

The City has adopted policies and inspection protocols for medical marijuana grows in residential areas.

The goal is to maintain neighborhood livability and prevent business-type medical marijuana grow sites in residential areas, while allowing a small number of plants for personal use. 

Inspection protocols will be refined as needed to meet this balance.

Policy positions and inspection protocols

Gresham's code is more restrictive than state law to maintain neighborhood livability and prevent business-type medical marijuana grow sites in residential areas. 

Policy positions

• Personal medical marijuana grows are allowed in Gresham subject to state law and the Gresham Revised Code.
• Gresham allows a personal medical marijuana grow of up to six mature medical marijuana plants in a residential area. The patient receiving the marijuana must live at the residence.
• Additionally, four homegrown marijuana plants are permitted under the recreational marijuana law. Anything more is considered a non-personal grow and is not permitted in a residential area. 

Inspection protocols

• The City will make an initial investigation if it receives a residential property complaint. The complaint will be kept confidential to the extent allowed by law.
• The City will educate the property owner about City code requirements if there is a reasonable belief a violation exists.
• The City may request consent for a voluntary property inspection to ensure no more than six medical marijuana plants and four recreational marijuana plants are grown in a residential area.
• If voluntary inspection is declined, the City may ask a judge for an administrative inspection warrant. A Multnomah County Circuit judge would then evaluate the evidence and decide whether to issue the warrant.
• Generally speaking, cities can enter private property for code compliance matters when the property is open to the public, after consent, or with a warrant issued by a judge.

Gresham does not regulate the smoking of marijuana. The use of marijuana in public or the smell of burning marijuana is not a code violation. To report a crime in progress, call 911.