We all the time discuss in regards to the hashish being dynamic. That’s true from a markets perspective and it’s true from a regulatory standpoint. On the subject of laws particularly, observers are likely to deal with the massive image developments: e.g., whether or not marijuana will lastly be re- or de-scheduled on the federal degree, whether or not we’ll get a farm invoice legalizing industrial hemp nationwide, or which new states have legalized hashish. These broad points deservedly get quite a lot of press. Nonetheless, marijuana enterprise homeowners are sometimes extra involved about what’s going on domestically, on the metropolis or county degree. In actual fact, most hashish enterprise homeowners get extra obsessed with proposed adjustments to native laws than proposed state- and even federal legislation developments.
My legislation agency has labored with regulated hashish enterprise in Oregon, Washington and California since 2010. I think that none of our hashish enterprise attorneys assist in depth native regulation of marijuana (not to mention native licensing packages). As a result of states are likely to promulgate in depth regulatory constructions, native guidelines are usually duplicative and controversial when you get past fundamental land use ideas. That stated, cities and counties are sometimes pressed by their residents to manage hashish companies, and state governments give ample regulatory authority to native jurisdictions– usually together with the selection to “decide out” of participation altogether.
When localities do regulate hashish, the method is usually iterative, that means guidelines are adopted and amended over time. Generally the adjustments accrue in response to adjustments in state legislation; typically they’re in response to litigation; typically they’re wanted when present guidelines are failing; and typically the native inhabitants simply adjustments its opinion about hashish companies altogether (often, for the higher).
We proceed to see cities and counties modify their guidelines in Oregon. Under is a quick encapsulation of what’s going on across the state immediately, primarily based on consumer initiatives. This listing might be not exhaustive, so when you have updates on what’s going on in your space, we’d love to listen to from you.
Clackamas County is house to 220 hashish licenses by our depend, making it house to over 10% of OLCC licensees and the fourth largest hashish county statewide. Now we have been part of most rulemaking processes on supply on the County, from the unique implementation of Measure 91 to the reversal of the ban on hashish processing. Not too long ago, Clackamas County proposed to change its guidelines but once more, by limiting the provision of manufacturing on sure tons. The related Planning Fee listening to was held final night time, and the Board of Commissioners will maintain a public listening to on the proposed license limits on January 16. The amendments, if authorised, would restrict continguous plenty of report below the identical possession to at least one OLCC producer license, or one medical marijuana (OHA) develop web site. The change would apply solely to a lot zoned as Ag/Forest, Unique Farm Use, and Timber. Present OLCC producer licenses present on contiguous tons in these zones could be grandfathered. The proposed revised laws are right here, and an FAQ is right here. There may be nonetheless loads of time to submit feedback.
Anybody conversant in the Oregon marijuana is aware of that Josephine County has had a tough time in its efforts to manage hashish. The County has suffered a number of consecutive authorized setbacks, however apparently is pushing ahead with a brand new effort to restrict OLCC marijuana actions on “rural residential” zoned properties. The Board of Commissioners most just lately held a land use listening to on November 7, with a primary studying of the proposed new ordinance. No phrase but on subsequent steps, however it seems that the County goes by the correct public discover necessities this time, and happily the present ordinance draft consists of grandfathering rights for present licensees (“non-conforming use” utility choices).
Deschutes County Ordinance 2018-012 took impact on Friday. The brand new laws diminished the accessible County acreage for hashish by 17%, principally by prohibiting marijuana manufacturing and processing within the a number of use agricultural (MUA) zone. The ordinance accommodates many different provisions as nicely, from new setback necessities to noise and odor mitigation guidelines. Though Ordinance 2018-012 is now in impact, we’re together with Deschutes County right here as a result of an enchantment of this ordinance was filed with the Oregon Land Use Board of Appeals just a few weeks again. The enchantment signifies that these laws are in flux to some extent, and won’t be affirmed or rejected for a number of months.
New Oregon cities
Final month, we coated the industry-friendly reversals of Ontario, Klamath Falls, Clatskanie and Sumpter, a quartet of cities scattered in regards to the state which initially prohibited hashish however at the moment are opening their borders to OLCC licensed companies. It now seems that the cities of Gates and Joseph might have “legalized” as nicely. For data on Ontario rulemaking, go right here. For data on the Klamath Falls course of, go right here. We don’t but have data on the remaining 4 cities, however events ought to attain out to these Metropolis Councils to gauge plans for rulemaking within the newly inexperienced jurisdictions.