Before Oregon Ballot Measure 91: Judge rules bans ok
As we are getting closer to the election, we at Emerge are closely following Ballot Measure 91. Ballot Measure 91 would essentially legalize recreational marijuana in Oregon. As a firm representing people in the cannabis industry we, of course, are keeping our fingers crossed that Ballot Measure 91 passes. In addition to doing what we can to help ensure this happens we are also closely watching what local governments are doing to regulate medical marijuana dispensaries.
After House Bill 3460 passed in 2013 creating legal marijuana facilities, municipalities stepped in and began imposing their own regulations. During the 2014 legislative session, Senate Bill 1531 allowed local jurisdictions to impose moratoriums on dispensaries with an expiration date in May 2015. What we saw was a huge number of cities and counties step in and impose those moratoriums. You can see the list here: https://www.oregon.gov/oha/mmj/Documents/SB1531%20Moratorium%20List.pdf
While 1531 has created a brief moratorium, some jurisdictions have gone into overdrive and created local rules banning dispensaries all together. In southern Oregon, the city of Cave Junction took a different position and instead filed a law suit against the Oregon Health Authority and the State of Oregon. This lawsuit specifically sought to address the conflict between state law and federal law. Noelle Crombie at the Oregonian discusses the case here: https://www.oregonlive.com/marijuana/index.ssf/2014/10/medical_marijuana_in_oregon_co.html#incart_river
Avoiding that conflict, Josephine County Circuit Court Judge this week ruled in favor of the city and found that, since there was no specific language in House Bill 3460 disallowing cities and counties from banned marijuana facilities in Oregon, local government could do as they pleased.
This is clearly a blow to the medical marijuana community in Oregon and, as we edge closer to the moratorium expiration, we wonder if more local jurisdictions will attempt to impose permanent bans. However, it is important to note that Ballot Measure 91 DOES contain specific language directing local governments how they can impose a ban – it must be voted on by the people in that jurisdiction and they give up tax revenue. This may leave local jurisdictions in the nonsensical position of banning medical dispensaries serving truly sick people while recreational dispensaries open instead.