Laserfiche WebLink
SB 1511 (2016) <br />Expands access to allow OLCC licensed producers, processors and retailers to participate <br />in both recreational and medical marijuana markets <br />Allrecreational marijuana will be subject to the “seed-to-sale” tracking requirement <br />Expanded early start: adult-use customers able to purchase single serving low-dose <br />marijuana products that have passed appropriate purity and potency tests from the OHA <br />until December 31, 2016 <br />Delay in effective date of plant limits: A medical grower in the process of applying to <br />become an OLCC licensee (and who has filed the paperwork) is granted a stay on the <br />reduction in plant limits through December 31, 2016 <br />OHA is directed to consider higher allowable dosages for medical patients with serious <br />medical conditions <br />HB 4094 (2016) <br />Exempts financial services from certain Oregon criminal laws for providing financing or <br />financial services to marijuana businesses <br />Below are answers to some of the most commonly asked questions aboutOregon’s marijuana <br />laws and theirimpacts on local governments. <br />HOME RULE AND FEDERAL LAW <br />I’ve heard that cities did not need this legislation to regulate marijuana because Oregon <br />is a home rule state. What is home rule? <br />Home rule is the power of a local government to set up its own system of governance and gives <br />that local government the authority to adopt ordinances without having to obtain permission <br />from the state. City governments in Oregon derive home rule authority through the voters’ <br />adoption of a home rule charter as provided for in the Oregon Constitution. All 242 cities in <br />Oregon have adopted a home rule charter. A charter operates like a state constitution in that it <br />vests all government power in the governing body of a municipality, except as expressly stated in <br />that charter or preempted by state or federal law. <br />So how does home rule relate to a city’s authority to regulate marijuana? <br />Home rule authority allows local governments to enact ordinances regulating marijuana unless <br />preempted by state law. The state Legislature can limit local government authority if it passes <br />legislation that clearly and unambiguously preempts that authority. Because the Legislature <br />recently passed four bills relating to marijuana, it is important to understand how state and local <br />authority interact because that relationship will impact what cities can and cannot do when it <br />comes to regulating marijuana. Specifically, unless clearly preempted, cities can impose <br />regulations in addition to those authorized under ORS chapter 475B under their home rule <br />authority. <br />Frequently Asked Questions About Local Regulation of Marijuana 2 <br />May 24, 2016 <br /> <br />