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

(A) a public elementary or secondary school for which attendance is compulsory under 339.020 (Duty to send children to school) OR

(B) a private or parochial elementary or secondary school, teaching children as described in 339.030 (Exemptions from compulsory school attendance) (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