Contributed by: Rob Bovett, AOC legal counsel
May 19, 2016
State legislation passed in 2015 provided a path for counties to opt out of marijuana businesses without having to hold an election. However, that path was made applicable only to counties whose voters rejected 2014 Ballot Measure 91 (legalization of recreational marijuana) by at least 55 percent. That path also expired last December. Another opt out path was provided for all counties, but requires a local election. Those elections will all occur this November.
However, opt out ordinances passed by two counties under the first path were the subject of a referendum petitions that forced a local vote on the opt outs. As a result, elections were just held in Grant and Klamath Counties. In both, local voters rejected the referendum, and sustained the opt outs. Grant County Ballot Measure 12-58 results were 46.4% Yes to 53.6% No. Klamath County Ballot Measure 18-105 were 43.1 Yes to 56.9% No.