The Oregon legislative session kicked off in earnest final week, with 32 proposed hashish payments crowding the docket. On this publish, I’ll run down the checklist and provide temporary feedback on every providing, as I do yearly. Earlier than diving in, although, some context will probably be helpful.

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

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

Third, one thing must be performed about hemp. The Oregon Division of Agriculture (ODA) not too long ago withdrew the hemp plan it had submitted to the feds. This implies we’ll proceed for yet another rising season beneath the 2014 Farm Invoice—which is a not a foul 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 out to be legislation, this needs to be the yr. Now we have engaged with varied stakeholders on the $100 million Oregon Hashish Fairness Act and issues appear to be progressing properly– though the proposed invoice has not but been launched. In my opinion, the large 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 yr);
  2. Surviving the Methods & Means committee (the invoice would nearly definitely “create a fiscal” and be despatched to W&M);
  3. Dialing in the very best language to outlive equal safety challenges; and
  4. Sadly, this ship has sailed to some extent. There are millions 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 manner again in 2015.

In order that’s the large image. Within the lengthy checklist of payments beneath, I’m going to maintain the feedback temporary– not a lot for timing or readability issues, however as a result of it’s tougher than ever to know what to make of all of the hashish payments this yr. In most periods, 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 a number of years gone and the legislature’s composition has modified dramatically over a brief interval. There are a lot of simply a number of new folks 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 placement of metropolis, and based mostly on share of retail gross sales of marijuana objects in state. This may be an exception to straightforward distributions based mostly on metropolis share of inhabitants and of licenses for marijuana- associated companies.

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

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

I imagine the charges will improve, until the state needs to claw a few of this again from the localities. A technique or one other, I believe marijuana taxes will go increased.

HB 2111.  Adjustments title of “Oregon Liquor Management Fee” to “Oregon Liquor and Hashish Fee.”

By retaining the OLCC acronym, not less than they’ll be saving on stationery! I do anticipate this one to go, both by itself or as a part of a hashish Christmas tree elsewhere.

HB 2263.  Directs OLCC to review leisure marijuana monitoring. It requires a report and sunsets in a yr.

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 review hashish. It requires a report and sunsets in a yr.

Clearly, that is actually common. 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.] Adjustments time period “industrial hemp” to “hemp.” [Good idea.] Requires division to conduct prison information examine 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.

Increasingly more, I’m pondering we don’t desire a particular fee for this one commodity crop. I’ll decide up this matter in a future publish.

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 cope with. I additionally dislike the “county” difficulty right here. There is no such thing as a motive to discourage hashish being transported from the place it grows (and needs to be grown) to the place it is going to be offered.

HB 2296.  Permits ODA to enter into agreements with legislation enforcement companies 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 a number of challenges with a set-up just like the one proposed right here, from how the testing is definitely performed to common 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 critical pushback, even with the date kicked out to date. Oregon has by no means been in a position to 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 through which 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 difficulty 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 functions.

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 non-public possession limits in place, however solely at a residence. The trick right here, or one in all them, can be getting the “public place” definition proper. Not an inspiring concept general.

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 principles issued. 

HB 2990.  Requires Oregon Well being Authority (OHA) to share specified data 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 data 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 web site.” 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 strategy 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 deal with points associated to regulatory authority over marijuana, over the course of 1 yr. 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 occurring. Too many greater fish to fry.

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

Mirrors HB 2265. Please present particulars Consultant Wilde!

HB 3013.  Similar 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.] Adjustments time period “industrial hemp” to “hemp.” [Good.] Requires division to conduct prison information examine 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 most likely be reconciled with HB 2881, and benefit some actual dialogue.

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

The state has been grappling with vape legal guidelines and guidelines for some time. Can be fascinating to observe this one.

SB 157.  Enacts 2028 specific 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 whole incapacity ranking of not less than 50 p.c as results of harm or sickness incurred or aggravated throughout energetic army service, and who obtained discharge or launch beneath apart from dishonorable situations.

Looks as if low-hanging fruit, with the one query being whether or not 50% is the best quantity.

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

I assume extra data can be nice. Could not go anyplace.

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) isn’t dried; and (C) doesn’t embrace any roots, or elements or roots, of the hemp plant.”

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

SB 408.  Permits marijuana producer to trace mature marijuana crops by “batch” [as opposed to by plant]. Permits marijuana producers owned not less than 51 p.c by identical 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 data required in switch manifest for transport of marijuana. [OK.]

Fascinating invoice general. Working across the edges on some OLCC surroundings points.

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

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

Keep tuned as at all times. We’ll replace through the course of the subsequent 5 months on any massive developments, and recap per typical on the finish of the session.