When recreational cannabis sales start Thursday in Oregon, consumers will be able to buy the drug at most of the state's 300-plus medical marijuana dispensaries.
But some communities -- ranging from Portland suburbs to cities in eastern Oregon -- are keeping the door shut to storefront pot sales of any kind.
In many towns, marijuana remains shunned by the majority and is seen as something that shouldn't be given any official stamp of approval. And even where voters agreed to legalize marijuana, there are worries that retail sales will encourage youth consumption, attract crime or tarnish their commercial districts.
"This is not just a nice little drug," said Lake Oswego Mayor Kent Studebaker before the city council deadlocked on asking local voters to ban marijuana businesses. "Regular use has caused a lot of problems. ... I would like to know if the voters are as concerned as I am."
The taboo against the drug is particularly strong throughout many of the state's rural communities.
Carol Free, a medical marijuana patient and grower in Baker City, was unable to persuade her city or county to allow even a dispensary -- perhaps not a surprise given the nearly 60 percent no vote locally against the Measure 91 legalization measure last year.
"It's just a huge fear factor," she said. "People are so wrapped up in the negatives about it."
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Measure 91 said any local attempt to ban sales would have to go to the ballot after 10 percent of local voters sign a petition.
But city and county lobbyists told legislators the state would be on shaky legal ground if localities were forced to allow businesses that violate federal law. And Senate Minority Leader Ted Ferrioli, R-John Day -- a key member of the legislative marijuana committee -- said he wanted cities and counties to be able to easily opt out when local sentiment runs strongly against the drug.
In the end, the Legislature came up with a series of compromises.
In the 15 counties -- all in eastern Oregon -- where at least 55 percent of voters opposed Measure 91, city councils and county commissions can vote to prohibit marijuana businesses of any kind.
In the rest of the state, local governments can refer a measure to the November 2016 ballot to ban sales.
Last, the Legislature decided to allow limited recreational sales at medical marijuana dispensaries starting Oct. 1 to give consumers a way to legally buy the drug after it's allowed under Measure 91 but before the state is ready to issue retail licenses. The Legislature left it to cities and county governments to decide whether to opt out.
At last count, governments in six eastern Oregon counties -- plus 13 cities in those counties -- have voted to ban medical and recreational marijuana sales, production or processing, according to the Oregon Liquor Control Commission.
Meanwhile, Douglas County and eight other cities have decided to take the issue to voters next year.
A handful of cities with medical marijuana dispensaries won't allow them to sell to recreational users. Among them are Gresham and the eastern Oregon city of La Grande.
In many cases, though, cities are simply refusing to license medical marijuana dispensaries, cutting off pot sales of any kind.
"I think it's the strongest position that we have, that it's not legal under federal law," said Barbara Jacobson, assistant city attorney for Wilsonville. She argued that it was "the prudent thing to do" given that her city's voters turned down Measure 91.
All told, about 20 cities in the Portland area don't have any dispensaries, many citing the same argument as Wilsonville. Whether cities can rely on federal prohibitions in barring pot businesses is now before the state Court of Appeals on a case out of Cave Junction.
In many cases, cities have placed tough zoning restrictions on marijuana businesses. Tualatin, for instance, requires a 3,000-foot buffer from residences, schools and parks that restricts them to one corner of the city. So far, no one has applied to open a dispensary there, according to City Manager Sherilyn Lombos.
Lake Oswego has a moratorium on medical marijuana dispensaries even though 55 percent of the city's voters approved Measure 91. At a Sept. 15 council meeting, officials fretted about how allowing marijuana businesses would affect life in one of Oregon's wealthiest enclaves.
Police Chief Don Johnson told councilors that marijuana businesses typically operate on a cash basis because of federal banking restrictions, making them a crime target. He talked about a string of robberies at California dispensaries and brought up the killing of two medical marijuana growers in Portland this year.
"I think there is a danger associated with" these businesses, Johnson said.
Councilor Jon Gustafson expressed skepticism about the negative portrayals of marijuana businesses and suggested it's better to focus on educating kids and making sure proper regulations are in place.
"It's too late for us as a community to change the direction of the entire state," Gustafson said. "We don't live in a bubble ourselves."
Studebaker, the mayor, said in an interview that easy availability of marijuana in Portland and other nearby cities makes it easier for Lake Oswego to keep out pot retailers. The question, he said, is "do you want to bring more (marijuana) influence in the city or not?"
In more isolated communities, many officials and voters hope to wall themselves off from the effects of Measure 91.
"Just pure logic tells you, if there are retail sales, use will go up," said Baker County District Attorney Matt Shirtcliff, who urged officials in both his county and Baker City to ban marijuana businesses.
Baker City Mayor Kim Mosier said concern about having marijuana businesses was heightened by a break-in at a La Grande dispensary shortly after it opened in 2014.
"That doesn't bode well," Mosier added, explaining that she supported a ban "mostly because of the newness of it all. We are a very small community, we have a small police force, and we don't absorb mistakes very well on a municipal level."
Mosier said the city can always reverse course later.
"If, in five years, it looks like a booming industry for small communities and there isn't a lot of negative impact," she said, "we can make a change."
Don Morse, a Portland dispensary owner who heads the Oregon Cannabis Business Council, said his group is organizing to fight local sales bans on the ballot next year. But he said his group is inclined to give places such as Baker County time for the culture to change.
"We have no desire to go into a community and force something down their throat," Morse said. "There were some communities that remained dry for a long time after Prohibition ended."
--Jeff Mapes
503-221-8209
@jeffmapes