The Oregon legislative session kicked off in earnest final week, with 32 proposed hashish payments crowding the docket. On this put up, I’ll run down the record and supply transient feedback on every providing, as I do yearly. Earlier than diving in, although, some context shall be helpful.

First, the Oregon legislature is considerably dysfunctional. Final 12 months, the session was lower brief when Republican legislators skipped city to protest the Democrats’ local weather change invoice. A collection of draft hashish legal guidelines (together with all the pieces else) was left within the lurch. This 12 months, the legislative focus appears centered on crisis response (COVID, wildfires, and so on.) with massive insurance policies taking a again seat. In a way, that bodes nicely for hashish invoice prospects, alongside the truth that the session is slated to final a full 5 months. However the Democrats nonetheless don’t have a quorum-proof majority, so actually, something may occur.

Second, the current success of ballot Measure 110 (which decriminalized all medicine in Oregon) may have a big, unpredictable affect on hashish legislating. Most instantly, it would peel off about 75% of present statewide marijuana tax revenues. It is because Measure 110 “dedicates all marijuana tax income above $11,250,000 quarterly [to ‘addiction recovery centers].’” As such, we should always count on to see quite a lot of dialogue round payments to lift marijuana taxes. (I’ll in all probability be pilloried for saying this, however Oregon is a relatively low-tax, high-cannabis consumption state, and taxes may go larger.)

Third, one thing must be carried out about hemp. The Oregon Division of Agriculture (ODA) just lately withdrew the hemp plan it had submitted to the feds. This implies we are going to proceed for another rising season underneath the 2014 Farm Invoice—which is a not a nasty factor—however this system is at a regulatory crossroads, of kinds, on certification and different points.

And fourth, if we’re ever going to see a hashish social fairness invoice turn into legislation, this needs to be the 12 months. Now we have engaged with numerous stakeholders on the $100 million Oregon Hashish Fairness Act and issues appear to be progressing nicely– though the proposed invoice has not but been launched. For my part, the massive challenges listed here are going to be:

  1. Discovering cash (there’s not a lot mendacity round proper now, though Oregon might get see extra assist from the feds this 12 months);
  2. Surviving the Methods & Means committee (the invoice would nearly actually “create a fiscal” and be despatched to W&M);
  3. Dialing in the absolute best language to outlive equal safety challenges; and
  4. Sadly, this ship has sailed to some extent. There are literally thousands of hashish trade licenses issued at this level in Oregon, and would-be beneficiaries of the Oregon Hashish Act will begin from a moored place. The legislature ought to have handled this fashion again in 2015.

In order that’s the massive image. Within the lengthy record of payments beneath, I’m going to maintain the feedback transient– not a lot for timing or readability considerations, however as a result of it’s tougher than ever to know what to make of all of the hashish payments this 12 months. In most classes, we start with a transparent concept of which payments have momentum, which have none, which might be patched in elsewhere, and which might be gutted and stuffed. At this level, although, the Joint Committee on Marijuana Legalization is just a few years gone and the legislature’s composition has modified dramatically over a brief interval. There are numerous simply quite a lot of new individuals and concepts, with COVID throwing a wrench into all of it.

Home Payments (20)

HB 2014.  Distributes marijuana tax {dollars} to sure cities decided by inhabitants and site of metropolis, and primarily based on share of retail gross sales of marijuana objects in state. This might be an exception to plain distributions primarily based on metropolis share of inhabitants and of licenses for marijuana- associated companies.

I’m not positive that is going wherever. Some jurisdictions will like it  and a few will hate it, for apparent causes.

HB 2015.  Will increase most share of tax {that a} metropolis or county might impose on sale of marijuana objects, from 3% to 10%.

I imagine the charges will enhance, except the state desires to claw a few of this again from the localities. A technique or one other, I feel marijuana taxes will go larger.

HB 2111.  Modifications identify of “Oregon Liquor Management Fee” to “Oregon Liquor and Hashish Fee.”

By protecting the OLCC acronym, a minimum of they’ll be saving on stationery! I do count on this one to cross, both by itself or as a part of a hashish Christmas tree elsewhere.

HB 2263.  Directs OLCC to check leisure marijuana monitoring. It requires a report and sunsets in a 12 months.

To me, “marijuana monitoring” doesn’t appear to be a ache level within the OLCC program proper now, however let’s see what occurs right here.

HB 2265.  Directs OLCC to check hashish. It requires a report and sunsets in a 12 months.

Clearly, that is actually normal. Somebody must dial this in or drop it.

HB 2281.  Directs ODA to manage Oregon Hemp State Program for manufacturing, processing and sale of hemp. [Status quo.] Modifications time period “industrial hemp” to “hemp.” [Good idea.] Requires division to conduct felony information test of candidates for licensure to develop hemp. [Mirrors 2018 Farm Bill protocol. Would hurt a lot of people who were victimized by the War on Drugs.] Permits division to establish and require by rule licensure for different actions associated to hemp. [OK.] Directs division to ascertain by rule necessities for cargo manifest for industrial hemp shipments. [Sounds good.] Turns into operative January 1, 2022.

HB 2284.  Establishes an Oregon Hemp Fee.

An increasing number of, I’m considering we don’t need a particular fee for this one commodity crop. I could decide up this subject in a future put up.

HB 2294.  Imposes tax on wholesale gross sales of marijuana objects throughout county borders, occurring on or after January 1, 2022.

I don’t like this one. I like the simplicity of Oregon’s present retail tax mannequin. From an administrative perspective, it’s really easy to take care of. I additionally dislike the “county” subject right here. There is no such thing as a cause to discourage hashish being transported from the place it grows (and needs to be grown) to the place it is going to be bought.

HB 2296.  Permits ODA to enter into agreements with legislation enforcement businesses to help the division in finishing up sure inspections of commercial hemp.

Clearly the priority right here is diversion and disguised THC crops. However there are quite a lot of challenges with a set-up just like the one proposed right here, from how the testing is definitely carried out to normal policing and delegation points.

HB 2416.  Directs ODA to advance design of hashish enterprise certification program. Directs Oregon Liquor Management Fee (OLCC) to allocate moneys from Marijuana Management and Regulation Fund to division for functions of hashish enterprise certification program.

Extra purple tape. No.

HB 2445.  Enacts a 2028 sundown for exemption of medical marijuana registry cardholder or main caregiver from tax imposed on retail sale of marijuana objects.

Count on severe pushback, even with the date kicked out to date. Oregon has by no means been capable of tax medical marijuana, though I’m wondering how robust the affected person foyer is anymore.

HB 2519.  Permits supply of marijuana objects to shoppers inside a metropolis or county wherein a marijuana retailer is positioned and to shoppers in cities or counties which have adopted ordinances permitting for supply of marijuana objects from adjoining cities or counties.

Completely. Supply is working nice with COVID and was earlier than, too.

HB 2671.  Hemp. Directs ODA to subject analysis licenses to certified applicant. Permits licensed researchers to gather samples of commercial hemp crops that exceed tetrahydrocannabinol restrict to carry out research associated to crop biochemistry.

Sounds good though I doubt they’d get many purposes.

HB 2973.  Prohibits adults from possessing greater than two ounces of usable marijuana in public place. Gives that supply of no more than two ounces of usable marijuana to adults is exempt from sure legal guidelines regulating marijuana. Directs OLCC to undertake guidelines in accordance with possession limits.

So it retains the private possession limits in place, however solely at a residence. The trick right here, or considered one of them, can be getting the “public place” definition proper. Not an inspiring concept total.

HB 2982. Prohibits OLCC from disciplining a licensee or licensee consultant for violation if violation is results of theft.

Completely! I’ve been complaining about this for the reason that day the foundations issued. 

HB 2990.  Requires Oregon Well being Authority (OHA) to share specified info associated to marijuana for medical use with licensed staff of native governments for sure functions.

State and native legislation enforcement have already got entry to this info by statute. Undecided what the coverage concern is right here, with respect to native authorities staff.

HB 2996.  Directs OLCC to ascertain by rule course of to register medical marijuana develop websites. Defines “medical marijuana develop website.” Permits medical marijuana develop websites to use for registration no later than June 1, 2022. Establishes plant manufacturing limits for medical marijuana develop websites registered by fee. Specifies that marijuana develop websites registered by Oregon Well being Authority might produce marijuana for not more than two registry identification cardholders. Turns into operative January 1, 2022.

This invoice is attempting to wind up a years-long means of shifting medical marijuana regulation from OHA to OLCC. We saw this one coming a few years in the past.

HB 2997.  Directs Division of Income, OHA, OLCC, ODA and the Governor’s workplace to seek the advice of with Oregon Hashish Fee and different hashish entities to develop plan to handle points associated to regulatory authority over marijuana, over the course of 1 12 months. Requires plan to be submitted to interim committees of Legislative Meeting. Directs OLCC to undertake guidelines to develop compliance teaching programs for hashish entities regulated by fee.

I don’t see it taking place. Too many greater fish to fry.

HB 3000.  Directs OLCC to “examine hashish”: for a 12 months. Requires report back to interim committee of Legislative Meeting associated to judiciary.

Mirrors HB 2265. Please present particulars Consultant Wilde!

HB 3013.  Identical as HB 3000.

Senate Payments (8)

SB 35.  Directs ODA to manage Oregon Hemp State Program for manufacturing, processing and sale of hemp. [Status quo unless the state gives up next year and doesn’t submit a USDA plan.] Modifications time period “industrial hemp” to “hemp.” [Good.] Requires division to conduct felony information test of candidates for licensure to develop hemp. [I don’t like it. Mirrors 2018 Farm Bill policy.] Permits division to establish and require by rule licensure for different actions associated to hemp. [OK.]

This one will in all probability be reconciled with HB 2881, and advantage some actual dialogue.

SB 96.  Defines “cannabinoids” for goal of inhalant supply techniques. Authorizes OHA to seek the advice of with OLCC on adoption of guidelines associated to inhalant supply techniques containing cannabinoids. Authorizes fee to manage testing and labeling of inhalant supply techniques that comprise cannabinoids derived from industrial hemp.

The state has been grappling with vape legal guidelines and guidelines for some time. Will likely be fascinating to look at this one.

SB 157.  Enacts 2028 categorical sundown for exemption of medical marijuana registry cardholder or main caregiver from tax imposed on retail sale of marijuana objects.

cf. HB 2445 above.

SB 307.  Waives charges for acquiring medical marijuana card for veterans who’ve complete incapacity ranking of a minimum of 50 % as results of harm or sickness incurred or aggravated throughout energetic army service, and who acquired discharge or launch underneath apart from dishonorable circumstances.

Looks like low-hanging fruit, with the one query being whether or not 50% is the precise quantity.

SB 400.  Directs OHA to check medical marijuana registry identification cardholders, for a 12 months. Requires report back to interim committee of Legislative Meeting associated to judiciary.

I assume extra info can be effective. Might not go wherever.

SB 402.  Permits hemp grower or handler to promote or switch hemp cuttings. Defines “chopping” as any a part of the hemp plant that (A) has been eliminated or has fallen off the hemp plant; (B) is just not dried; and (C) doesn’t embody any roots, or components or roots, of the hemp plant.”

The discussions right here shall be fairly enjoyable! It’s apparent why trade desires this; cops not a lot.

SB 408.  Permits marijuana producer to trace mature marijuana vegetation by “batch” [as opposed to by plant]. Permits marijuana producers owned a minimum of 51 % by similar individual to switch to at least one one other marijuana and usable marijuana. [Producers cannot currently transfer to producers, at all.] Permits marijuana producer to obtain specified marijuana objects from marijuana processor. [I want to understand the policy here.] Specifies info required in switch manifest for transport of marijuana. [OK.]

Attention-grabbing invoice total. Working across the edges on some OLCC setting points.

SB 411.  Directs OHA and OLCC to check hashish packaging and write a report by subsequent session.

Hopefully the thought right here is to not go extra restrictive.

Keep tuned as all the time. We are going to replace in the course of the course of the subsequent 5 months on any massive developments, and recap per regular on the finish of the session.