• Defines “container” and “industrial hemp-derived cannabinoid product.” With some, it feels like a moving target federal definitions also in the near future.
• The definition of “adult-use cannabis” is changing. (But only in connection with the above.)
• Imposes a 17% retail tax on industrial hemp-derived cannabinoids. This is the same percentage charged on the sale of marijuana products in the Oregon Liquor and Cannabis Commission (OLCC) system. There is no provision in the bill for the 3% surcharge that normally applies to OLCC sales.
• Orders the OLCC to immediately suspend the marijuana grower’s license for the reasons specified. The language includes a “probable cause” standard that appears potentially problematic from a due process perspective. This section also provides that an OLCC manufacturer’s license suspended under this subsection “shall not be transferable pending final resolution of the commission’s action relating to the suspension,” and it prohibits the OLCC from issuing a new license on the premises for 10 years.
• Orders the OLCC to conduct an unannounced inspection of the commission-licensed premises for the reasons specified and request that law enforcement escort the OLCC to the premises. It is also tied to the probable cause standard. It feels less risky if we’re just talking about validation. (“Inspect” is defined, euphemistically, as “to examine or inspect formally.”)
• The Oregon Department of Agriculture (ODA) is required to complete a criminal record check on the applicant for an industrial hemp license. Excellent. As with OLCC licensees.
• An applicant for a license to grow industrial hemp is required to submit to the department a statement of land use compatibility and information related to the ownership of the land. Excellent. As with OLCC licensees.
• Directs the ODA to conduct unannounced inspections of licensed premises for specified reasons and request a law enforcement escort to the premises. See comment above re: OLCC Licensee Inspections.

This is a medical marijuana bill aimed at patients and caregivers. I was told that it has traction and a working meeting tomorrow. Here are the main provisions:

• Expands the definition of “debilitating medical condition” for the medical use of marijuana to include “the need for hospice, palliative care, comfort care, or other symptomatic treatment, including pain relief.” It feels like an uncontroversial cleanup job.
• Requires an organization or residential facility designated as an additional guardian for a medical marijuana cardholder to establish and maintain a written policy and provide educational training for certain personnel regarding the medical use of marijuana. Excellent.
• Exempts hospitals and hospital-affiliated clinics from the requirements. I’m pretty sure it has to do with federal law and insurance issues.
• Protects an organization or residential facility, its employees and contractors from certain criminal liability related to the medical use of marijuana. Long overdue.
• Prohibits the Oregon Board of Nursing from disciplining a nurse for discussing the medical use of marijuana with a patient. Long overdue.

This stupid bill was introduced by the United Food and Commercial Workers Local 555, which is trying to get its own initiative overturned. My guess is that the UFCW is doing this because the US District Court ruled that the initiated law is unconstitutional, as predicted, and they don’t want “more bad law” if the Ninth Circuit upholds that decision.

I’ve written extensively about the waste of taxpayer money that the Ballot Measure 119 saga represents. See here, here, here, here, here, here, here, here and here. In short, BM 119 required most Oregon cannabis businesses to enter into labor peace agreements with “approved unions” in order to renew or obtain a license. May 20^thousandDistrict Court of Oregon beat him. The case is pending appeal, but HB 4162 could quietly debate it if passed.

Basically, HB 4162 is the equivalent of the Union saying, “Hey, Legislature, please repeal this law, which you warned would be legally flawed, but which we convinced the voters to approve directly regardless. We’ll stop wasting taxpayer money if you help us repeal ourselves. (At least for now.)”

This is a public health and prevention bill introduced by the chairman of the Senate Conduct Committee. I’m told Monday’s hearing was contentious between that side of the aisle and the industry. Here are the main provisions:

• It requires individual packaging of cannabinoid food products and allows for up to 10 milligrams of adult cannabinoids per cannabinoid food product. The industry’s argument here is the packaging requirements for cannabis create huge wasteand are an affront to sustainable development. This is a good argument.
• It requires cannabinoid-containing foods and other cannabinoid-containing products to be packaged in a manner that “reasonably” meets the specific purpose of protecting minors from the adverse health effects of the “illegal use” of cannabinoid-containing foods and other cannabinoid-containing products. See comment above.
• Allows local governments to create buffer zones more than 1,000 feet wide around adult medical cannabis and marijuana in the interest of public health and safety. The Legislature has been working for years on the buffer zone, on grandfathering concepts and all that. There is no compelling health or safety reason for local authorities to reduce the accommodation radius; it should be left alone.

Let’s wrap it up for now

I’ll be back at the end of the session and let you know what happened, if anything. Aside from the farcical HB 4162, whatever passes will likely look markedly different in its final form than the registered drafts we see today. Stay tuned.

Source: Legal Canna Blog