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Oregon Revised Statutes

Or. Rev. Stat. § 633.738 (2026)

Prohibition of local laws to inhibit or prevent production or use of seeds or products of seeds

✓ current as of May 2026
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      633.738 Prohibition of local laws to inhibit or prevent production or use of seeds or products of seeds. (1) As used in this section:

      (a) “Local government” has the meaning given that term in ORS 174.116.

      (b) “Nursery seed” means any propagant of nursery stock as defined in ORS 571.005.

      (2) Except as provided in subsection (3) of this section, a local government may not enact or enforce a local law or measure, including but not limited to an ordinance, regulation, control area or quarantine, to inhibit or prevent the production or use of agricultural seed, flower seed, nursery seed or vegetable seed or products of agricultural seed, flower seed, nursery seed or vegetable seed. The prohibition imposed by this subsection includes, but is not limited to, any local laws or measures for regulating the display, distribution, growing, harvesting, labeling, marketing, mixing, notification of use, planting, possession, processing, registration, storage, transportation or use of agricultural seed, flower seed, nursery seed or vegetable seed or products of agricultural seed, flower seed, nursery seed or vegetable seed.

      (3) Subsection (2) of this section does not prohibit a local government from enacting or enforcing a local law or measure to inhibit or prevent the production or use of agricultural seed, flower seed, nursery seed or vegetable seed or products of agricultural seed, flower seed, nursery seed or vegetable seed on property owned by the local government. [2013 s.s. c.4 §3]

 

      633.740 [Repealed by 1959 c.31 §1]

Notes of Decisions
Cited in 2 cases, 2017–2018 · leading case: Brown v. City of Grants Pass, 414 P.3d 898 (Or. Ct. App. 2018).
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Brown v. City of Grants Pass, 414 P.3d 898 (Or. Ct. App. 2018). · cites it 21× “*9 Plaintiff sought a declaration that an ordinance enacted by the City of Grants Pass, requiring that marijuana plants grown at home for personal use be grown indoors, is preempted by ORS 633.738, which prohibits a local government from enacting or enforcing local limits on the…”
City of Cave Junction v. State, 410 P.3d 306 (Or. Ct. App. 2017). · cites it 2× “In response, the state agreed that HB 3460 and SB 1531, together with Senate Bill (SB) 863 (2013), codified at ORS 633.738, preempted the city's authority to preclude state-registered marijuana facilities from possessing and transferring marijuana in a manner that complies with…”
Or. Rev. Stat. § 633.738(1)(b): 1 case
Brown v. City of Grants Pass, 414 P.3d 898 (Or. Ct. App. 2018). “*9 Plaintiff sought a declaration that an ordinance enacted by the City of Grants Pass, requiring that marijuana plants grown at home for personal use be grown indoors, is preempted by ORS 633.738, which prohibits a local government from enacting or enforcing local limits on the…”
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