The 2022 Oregon legislative consultation used to be massive for Oregon hashish. It adjourned sine die on Friday, March 4. We’ve been writing about it all of the whilst, and you’ll to find earlier protection within the hyperlinks on the backside of this weblog publish. As of late I’ll duvet the 4 marquee items of recent law and speak about two expenses that failed.
HB 4016 – PASSED. Marijuana license moratoria
This is without doubt one of the maximum consequential items of Oregon hashish law, ever. It may also be understood as proof of regulatory seize through business. This invoice began as a suggestion to re-instate a moratorium on marijuana manufacturer licenses, however temporarily morphed right into a mortarium on all license sorts, in conjunction with a retroactive ban on just about all OLCC marijuana license programs from January 2, 2022. Lovely wonderful. You’ll be able to learn my complete tackle HB 4016, together with the invoice’s half-assed nod at social fairness, right here.
HB 1564 – PASSED. Native hemp license opt-out
They virtually did it with hemp too. SB 1564 to begin with proposed a arguable, statewide moratorium on ODA hemp grower licenses. As handed, on the other hand, it simply lets in county commissions to request that ODA deny hemp license programs if the ones counties claim an area state of emergency. Utility denials could also be retroactive to January 1, 2022. Be expecting to peer Jackson and Josephine counties every to claim emergencies, to start out. The closing date for all counties to take action in 2022 is every week from lately, March 15. Let’s see the place this one is going after that. A blanket ban on rising a federally prison crop would were a mistake finally.
HB 4061 – PASSED. Unlawful grows and water preservation
This invoice establishes new prohibitions and consequences of as much as $25,000 for any person offering or receiving water at an unregistered or unlicensed develop website online. The core of the invoice is uncontroversial; its passage used to be by no means doubtful. That stated, we’ve heard a couple of lawsuits concerning the new water acquire necessities, and normal griping re: the one year of recordkeeping duties for water suppliers. It doesn’t strike me as extraordinarily burdensome. This could also be the one invoice of the 4 indexed right here which doesn’t “claim an emergency” and take impact on passage.
HB 4074 – PASSED. Human trafficking reporting
Now we have coated this factor within the Oregon hashish context. HB 4074 provides legislation enforcement further investigatory powers, and springs with a compulsory reporting requirement — to each legislation enforcement and OLCC — relating to suspected trafficking. It keeps the “just right religion” reporting secure harbor we discussed in our consultation preview. This invoice additionally appropriates $6 million for communities to handle the “humanitarian disaster” at illicit operations.
Like HB 4061, that is most commonly a nasty actor invoice, even if it additionally keeps the ODA hemp re-testing provisions we coated prior to now, in conjunction with provisions: 1) permitting OLCC outlets to relocate with out re-licensing, and a couple of) requiring checking out lab workers to acquire a marijuana employee allow.
SB 1587 — FAILED. Hemp construction liens and foreclosures
This used to be an enchanting invoice which, amongst different issues, contained a provision permitting liens on business hemp constructions and homes used unlawfully. This ingenious thought that might have dropped any other arrow within the quiver concentrated on illegal grows, along HB 1564 and HB 4061. In the long run SB 1587 failed as it created a “fiscal have an effect on” which couldn’t be temporarily resolved; and for that very same explanation why the supply used to be not able emigrate into any invoice above. Be expecting to peer this idea proposed once more subsequent yr.
SB 1506. FAILED. County marijuana gross sales tax will increase
This used to be a wild one. The bottom invoice would have allowed towns and counties to extend native marijuana gross sales taxes from 3% to ten%. It in the long run failed following letters from each business particular person and their mother. Then again, a changed proposal just about squeaked via. The re-draft would have implemented handiest in counties that border states the place marijuana is unlawful—particularly (and handiest) Malheur County in Japanese Oregon. Malheur County is the place Idaho is going buying groceries to get top. Democrats appreciated the invoice as a way to recoup marijuana earnings misplaced to Measure 110; Republicans appreciated it as a disincentive for marijuana trade enlargement extra normally. This isn’t the primary time a 7% native tax build up has been proposed. You’ll be able to be expecting to peer this concept floated once more subsequent yr, too.
For earlier posts within the 2022 legislative consultation, take a look at the next:
Highest of good fortune to all on this courageous new Oregon hashish international of 2022!