Oregon’s 2026 legislative session started final week on February 2. The biennial “quick session” will final however 35 days, and deal with finances shortfalls, transportation and housing—which is to say that hashish just isn’t a precedence. That mentioned, of the 300 or so launched payments, there are 4 cannabis-related submissions. That’s the place I are available in.
Every invoice is linked beneath, with clarification and editorial.
That is the annual omnibus hashish invoice. My supply tells me it collapsed a number of weeks in the past when marijuana and hemp of us couldn’t agree on core gadgets round intoxicating hemp merchandise, or on methods to implement the brand new federal hemp legal guidelines and guidelines. That’s unlucky, as a result of time is of the essence in any quick session.
At this level, HB 4139 has been kicked to an interim working group pushed by the Governor’s workplace and the Hashish Trade Affiliation of Oregon (CIAO). They met yesterday at 1 p.m., apparently.
Right here’s what the invoice would do in its launched type, with a number of feedback by me:
- Defines “container” and “industrial hemp-derived cannabinoid product.” This looks as if a shifting goal with some federal definitions also due soon.
- Modifications the definition of “grownup use hashish merchandise.” (However simply in relation to the above.)
- Imposes a 17% retail gross sales tax on industrial hemp-derived cannabinoid merchandise. This is identical share levied on gross sales of marijuana gadgets within the Oregon Liquor and Hashish Fee (OLCC) system. The invoice has no provision for the native jurisdiction 3% add-on, which generally pertains to OLCC gross sales.
- Directs OLCC to instantly droop a marijuana producer license for specified causes. The language features a “possible trigger” commonplace, which appears doubtlessly problematic from a due course of standpoint. This part additionally gives that an OLCC producer license suspended underneath this subsection “is nontransferable till the ultimate disposition of the fee’s motion associated to the suspension,” and it prohibits OLCC from issuing a brand new license on the premises for 10 years.
- Directs OLCC to examine a premises licensed by the fee with out advance discover for specified causes, and to request that regulation enforcement accompany OLCC to the premises. This one can also be tied to a possible trigger commonplace. Feels much less dicey if we’re simply speaking inspection. (“Examine” is outlined, endearingly, as “to look at or assessment formally.”)
- Requires the Oregon Division of Agriculture (ODA) to finish a prison information examine on an applicant for an industrial hemp handler license. Effective. Like with OLCC licensees.
- Requires an applicant for an industrial hemp grower license to supply a land use compatibility assertion and knowledge associated to land possession to the division. Effective. Like with OLCC licensees.
- Directs ODA to examine a licensed premises with out advance discover for specified causes, and to request that regulation enforcement accompany the division to the premises. See remark above re: OLCC licensee inspections.
This can be a medical marijuana invoice, centered on sufferers and caregivers. I’m advised it has traction and a piece session assembly tomorrow. Listed below are the salient provisions:
- Expands the definition of “debilitating medical situation” for the medical use of marijuana, to incorporate “the necessity for hospice, palliative care, consolation care or different symptom administration, together with ache administration.” This appears like non-controversial, clean-up work.
- Requires a corporation or residential facility that’s designated as an extra caregiver for a medical marijuana cardholder to create and preserve a written coverage and supply instructional coaching for sure workers concerning the medical use of marijuana. Effective.
- Exempts hospitals and hospital-affiliated clinics from the necessities. This is because of federal regulation and insurance coverage points, I’m fairly certain.
- Protects a corporation or residential facility and its staff and contractors from sure prison legal responsibility associated to the medical use of marijuana. Lengthy overdue.
- Prohibits the Oregon State Board of Nursing from taking disciplinary motion in opposition to a nurse for discussing the medical use of marijuana with a affected person. Lengthy overdue.
This doofus invoice was introduced by the United Meals and Business Employees Native 555, who’re making an attempt to get their very own initiative repealed. My guess is UFCW is doing this as a result of the U.S. District Court docket dominated that the initiated regulation is unconstitutional, as predicted, they usually don’t need “extra dangerous regulation” when the Ninth Circuit upholds that ruling.
I’ve written heaps concerning the waste of taxpayer cash the Poll Measure 119 saga represents. See here, here, here, here, here, here, here, here and here. Briefly, BM 119 required most Oregon hashish companies to enter into labor peace agreements with “authorised unions”, with the intention to renew or acquire licensure. On Might 20th, the Oregon District Court docket struck it down. The case is up on attraction, however HB 4162 might quietly moot that, if handed.
In all, HB 4162 is tantamount to the Union saying “hey legislature, please repeal this regulation that you simply warned us can be legally poor, however which we satisfied voters to approve immediately regardless. We are going to cease losing taxpayer cash for those who assist us overrule ourselves. (No less than for now.)”
This can be a public well being and prevention invoice introduced by the Chair of the Senate Behavioral Well being Committee. I’m advised the listening to on Monday was contentious as between that aspect of the aisle, and business. Listed below are the important thing provisions:
- Requires cannabinoid edibles to be individually packaged, and permits as much as 10 milligrams of grownup use cannabinoid per particular person cannabinoid edible. The business argument right here is that hashish packaging necessities generate tremendous waste, and are an affront to sustainability. It’s a very good argument.
- Requires cannabinoid edibles and different cannabinoid merchandise to be packaged in a way that’s tailor-made “judiciously” to the particular goal of defending minors from the damaging well being results of “unlawfully utilizing” cannabinoids edibles and different cannabinoid merchandise. See remark above.
- Permits native governments to determine buffer zones of greater than 1,000 toes round grownup use hashish and medical marijuana operations within the curiosity of public well being and security. The legislature has labored on the buffer zone lots through the years, on grandfathering ideas and every part else. There is no such thing as a compelling well being or security cause I can consider for native jurisdictions to buff out the siting radius; this needs to be left alone.
Wrapping up, for now
I’ll examine again on the finish of the session and report on what has handed, if something. Except for the farcical HB 4162, something that will get by means of will probably look markedly totally different in last type than the enrolled drafts we see in the present day. Keep tuned.
