Oregon: City May Get More Marijuana Dispensaries

[Jacob Redmond]

Two applications for new medical marijuana dispensaries are pending in Madras, and if approved and opened, would give the Jefferson County community five dispensaries.

Owners of three of the dispensaries hope to convert them to recreational marijuana shops, but they might not get the chance. The Madras City Council voted in late October to put a ban on recreational marijuana businesses on the local ballot in November 2016.

Patti Fleming, of Redmond, applied Sept. 25 to put High Desert Dispensary at 1825 U.S. Highway 97. Her license to operate a dispensary is under review by the Oregon Health Authority, which oversees medical marijuana. Fleming said Wednesday her plans are on hold, and not because of the City Council vote.

"What's happening at this point is nothing," she said. "There is no game plan. It's on hold. It's not a priority."

Nick Snead, Madras community development director, said Wednesday he expected the city would approve Fleming's plan within a week.

In a separate application, Samuel Stapleton, owner of two dispensaries in Bend, filed with Madras on Oct. 8 to open a dispensary at 380 N. U.S. Highway 26, at the corner of NW Poplar Street. Stapleton's application for a license in Madras is under review with the OHA, according to the application. Stapleton said he's moving forward with his plan to renovate a 1,000-square-foot former gas station.

The council vote "just slows us down," he said. A site in Madras would be profitable, eventually, "even if we have to sit back another year, even if it's just holding the real estate."

If voters reject the ban, Stapleton said, he would convert from medical marijuana sales to recreational sales, which cannot be co-located according to Measure 91. Stapleton said the same products will be available to all marijuana consumers, eventually, anyway. And because of increased production, prices will not likely increase.

The Madras City Council on Oct. 27 voted 5-0 to ask city voters next year whether to ban commercial growing and processing and sales of recreational marijuana within the city limits. The motion did not address medical marijuana. A separate motion to ban early, temporary sales of recreational marijuana in the city failed, 3-2.

House Bill 3400, passed in July, allowed medical marijuana dispensaries to temporarily sell small amounts of recreational marijuana, plants and seeds to adults while the Oregon Liquor Control Commission established a recreational marijuana program. Measure 91, passed by voters in November 2014, legalized recreational pot.

The state will not issue licenses for recreational marijuana businesses in a city or county where a ban is up for a vote until the vote takes place. As of Tuesday, 58 cities and counties had banned recreational sales outright or put the question on next year's ballot, according to the OLCC. Individual use and possession of marijuana is not affected by a ban on businesses.

Three medical marijuana dispensaries already operate in Madras, a city of 6,500. Owners of two have said they would apply to sell recreational marijuana if city voters reject the ban. Jefferson County also chose to put a ban on recreational marijuana businesses before voters next year.

Bend, by contrast, a city of roughly 84,080, is home to 18 dispensaries, according to the OHA. La Pine, with about 1,700 people, has two dispensaries, but the City Council banned recreational sales there until Dec. 31, 2016.

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Full Article: City May Get More Marijuana Dispensaries
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[Big Sur]

The problem with rec sales in Madras is that it is in Jefferson County. Jefferson County (along with Marion, Linn and Douglas Counties) now has a pending measure on the ballot to opt out and ban all rec weed grow-process-distribute-selling within the county. That is a conservative county, and the measure is likely to pass there. That will not affect personal use, possession and grow, but it will effectively ban all recreational sales in Madras.

 

[olderthandirt]

It took some looking but I found the bit allowing for the opt out horse hockey.

Oregon Laws 2015, Chapter 1, Section 60. I'll be damned if I was able to find the bit about over or under 55% and public votes.......

Anyways...... Wouldn't city laws, ordinance whatever trump the county?
If Marion Co. were to opt out but Salem had no issues, as long as a shop was within city limits it would be good to go. Yes? No?

Some things just gots to be spelled out for me.

 

[OlderGrower]

Not exactly sure how that would all play out. I am pretty sure by the courts that the county would trump the city much like the way the courts say the federal law trumps a state law. While states like Oregon, Washington, Alaska and Colorado have passed state laws legalizing recreational drugs, the way the supreme court has ruled in the past, if they wanted to they could come in with federal troops and arrest everyone who is breaking federal law and throw them behind bars. Now will this happen? I doubt it, because the rest of the nation would have a field day with the feds if they did, but in law the larger of the sum is what trumps if my memory serves me correctly.

 

[OlderGrower]

While they might be able to ban dispensaries they could not arrest people for smoking or using it if they follow the guide lines established under state law. since state law trumps county law.

 

[olderthandirt]

Yup, the opt-out dealeo only applies to commercial recreational sales, production, processing. All personal use and grow would be unaffected.

I've sent letters of inquiry to both the OLCC and Marion County.

"but in law the larger of the sum is what trumps".... well pooh!

 

[OlderGrower]

Yup, the opt-out dealeo only applies to commercial recreational sales, production, processing. All personal use and grow would be unaffected.

I've sent letters of inquiry to both the OLCC and Marion County.

"but in law the larger of the sum is what trumps".... well pooh!

Well while it is inconvenient there is a solution to the problem and one my wife and I enjoy every chance we can.

ROAD TRIP

 

[Big Sur]

I got clarification from the OLCC on this for the counties. Some of these laws have changed or have been updated. Some of the rules are temporary and have yet to be defined. I was wrong about the county prevue though. The law states that any governing body can adopt an ordinance within any city or unincorporated areas of a county. So county law here does not trump city. Which would explain why all these cities are opting out inside counties that are already opting out. They can also restrict any or all of the types OLCC MJ licenses in their jurisdiction, which include: producer (grower), processor, wholesale (distributor), and retail. Note that Oregon MJ licenses now also include two more types: laboratory and research certificate.

For counties that voted against Measure 91 by more than 55% of the vote, they can decide to opt out until Dec. 27, 2015 without an election. Those counties have to submit the county ban ordinances to the OLCC and state before then. For the counties above and the counties that voted against Measure 91 by less than 55% the counties can decide to have a vote on the ban ordinances in the next general election (in November, 2016). In the meantime those counties that are up for a vote are considered opt out counties and no licenses will be issued by the OLCC until the opt out measure fails or the county changes their status. Presumably any county can opt in at some future time, but it is very difficult (if not impossible) to opt out once they opt in.

City and town counsels can also opt out without a vote if 55 percent or more of the voters in that jurisdiction voted against Measure 91. Local elections can be held to opt out as well in the next general election in November, 2016. I cannot get to the Oregon web site open today that has the specifics on HB 3400, the bill that was passed in June that covers this and changed a lot of the laws (the web page is crashing).

 

[olderthandirt]

heh-heh
I had M91 and HB3400 and a slew of other documents open last night.
I did eventually find all the specifics I was looking for with the exception of who trumps who. Good to hear the clarification that you got from the OLCC BigSur!

Wonder what the world would be like if laws and bills and all other legal thangs were writ in the language of the people rather than sharks.... erm lawyers

 

[Big Sur]

One thing I have decided after wading through all of this?

I will not be getting a grow license here. The rules are insane, including erecting a solid 8 foot wall around the perimeter of the grow area, mandatory security alarms and video surveillance, set up an Oregon CTS -RFID and/or bar code- tracking system, have a CTS admin license and training, get UID tags and a CTS system, get the harvest tested after drying/curing (for mold-microbiological, pesticides, THC/CBD, etc.), storage area requirements, get packaging and package per requirements, odor control requirements, disposal and waste requirements for any pesticide-failed and unused product, deal with all advertising restrictions, and be limited to an outdoor grow area of a half acre. Never mind licensing and permits, added county requirements, audits, inspections, greenhouses, trim machines, a full indoor setup with lights for cloning, and business licenses and plans. I can pass all the background, residency, and zoning requirements, and I have access to funding. But really? I hear its as bad to distill booze in this state.