The 2022 Oregon legislative session was enormous for Oregon hashish. It adjourned sine die on Friday, March 4. We’ve been writing about it all of the whereas, and you’ll find earlier protection within the hyperlinks on the backside of this weblog put up. At this time I’ll cowl the 4 marquee items of recent laws and speak about two payments that failed.
HB 4016 – PASSED. Marijuana license moratoria
This is among the most consequential items of Oregon hashish laws, ever. It may also be understood as proof of regulatory seize by trade. This invoice began as a proposal to re-instate a moratorium on marijuana producer licenses, however shortly morphed right into a mortarium on all license sorts, together with a retroactive ban on nearly all OLCC marijuana license purposes from January 2, 2022. Fairly wonderful. You possibly can learn my full 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 nearly did it with hemp too. SB 1564 initially proposed a controversial, statewide moratorium on ODA hemp grower licenses. As handed, nevertheless, it merely permits county commissions to request that ODA deny hemp license purposes if these counties declare a neighborhood state of emergency. Software denials could also be retroactive to January 1, 2022. Count on to see Jackson and Josephine counties every to declare emergencies, to begin. The deadline for all counties to take action in 2022 is per week from at present, March 15. Let’s see the place this one goes after that. A blanket ban on rising a federally authorized crop would have been a mistake in any case.
HB 4061 – PASSED. Unlawful grows and water preservation
This invoice establishes new prohibitions and penalties of as much as $25,000 for anybody offering or receiving water at an unregistered or unlicensed develop web site. The core of the invoice is uncontroversial; its passage was by no means unsure. That stated, we’ve heard a number of complaints in regards to the new water buy necessities, and normal griping re: the twelve months of recordkeeping obligations for water suppliers. It doesn’t strike me as terribly burdensome. That is additionally the one invoice of the 4 listed right here which doesn’t “declare an emergency” and take impact on passage.
HB 4074 – PASSED. Human trafficking reporting
We now have coated this concern within the Oregon hashish context. HB 4074 offers legislation enforcement further investigatory powers, and comes with a compulsory reporting requirement — to each legislation enforcement and OLCC — within the case of suspected trafficking. It retains the “good religion” reporting secure harbor we talked about in our session preview. This invoice additionally appropriates $6 million for communities to cope with the “humanitarian disaster” at illicit operations.
Like HB 4061, that is largely a nasty actor invoice, though it additionally retains the ODA hemp re-testing provisions we coated beforehand, together with provisions: 1) permitting OLCC retailers to relocate with out re-licensing, and a pair of) requiring testing lab staff to acquire a marijuana employee allow.
SB 1587 — FAILED. Hemp constructing liens and foreclosures
This was an attention-grabbing invoice which, amongst different issues, contained a provision permitting liens on industrial hemp buildings and properties used unlawfully. This artistic thought that might have dropped one other arrow within the quiver concentrating on illegal grows, alongside HB 1564 and HB 4061. Finally SB 1587 failed as a result of it created a “fiscal affect” which couldn’t be shortly resolved; and for that very same cause the availability was unable emigrate into any invoice above. Count on to see this idea proposed once more subsequent yr.
SB 1506. FAILED. County marijuana gross sales tax will increase
This was a wild one. The bottom invoice would have allowed cities and counties to extend native marijuana gross sales taxes from 3% to 10%. It in the end failed following letters from each trade particular person and their mother. Nevertheless, a modified proposal practically squeaked by. The re-draft would have utilized solely in counties that border states the place marijuana is prohibited—particularly (and solely) Malheur County in Jap Oregon. Malheur County is the place Idaho goes purchasing to get excessive. Democrats preferred the invoice as a way to recoup marijuana income misplaced to Measure 110; Republicans preferred it as a disincentive for marijuana enterprise growth extra typically. This isn’t the primary time a 7% native tax improve has been proposed. You possibly can anticipate to see this concept floated once more subsequent yr, too.
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For earlier posts within the 2022 legislative session, try the next:
Better of luck to all on this courageous new Oregon hashish world of 2022!