In just 32 days, the Oregon State Legislature started and concluded the business of the 2022 Legislative Session. In advance of the Session, the Association of Oregon Counties (AOC) Public Safety Steering Committee approved the pursuit of a suite of policy tools meant to aid counties in combating the proliferation of illegal cannabis. By the time the final gavel fell, every one of the policy bills associated with those goals had passed with AOC support.
Two of the policy bills passed contain moratoriums on cannabis license types. HB 4016 prohibits the Oregon Liquor and Cannabis Commission (OLCC) from issuing marijuana production, processor, wholesaler, and retailer licenses for two years unless the issuance is for licenses that have expired or been relinquished or suspended. AOC expressed concern that some illegal growers would turn to hemp licenses as a shield against law enforcement following passage of HB 4016. Subsequently, the Legislature passed SB 1564, which allows a board of commissioners in a county that has declared a state of emergency related to cannabis to deny renewal of hemp licenses for 2022 and 2023. Jackson County and Josephine County have already utilized this authority and other counties are contemplating their own hemp moratoriums.
“These tools are critical in immediately addressing the increase in illegal cannabis operations and ensuring our citizen’s health and safety from what has truly become a cancer on our community. Jackson County has moved immediately to exercise our authority to deny additional hemp licenses and believes this will provide breathing space for us to help prevent further illegal activity,” said Jackson County Commissioner Dave Dotterrer.
Another major area of concern for counties surrounding cannabis issues is the illegal use of water for grow sites. AOC participated in a workgroup during the session that resulted in the passage of HB 4061. The bill prohibits a person from hauling water to an illegal cannabis grow site or from providing false information to the Oregon Water Resources Department, and establishes violations as class A misdemeanors with penalties authorized up to $25,000. AOC’s engagement ensured that the record retention language contained in the bill did not create an undue burden on county officials.
Finally, HB 4074 created a human trafficking coordiantor position at the OLCC and made permanent the Illegal Marijuana Market Enforcement Grant Program, which is administered by the Oregon Criminal Justice Commission. The bill also allocates $6 million from the state General Fund to the grant program and clarifies that community based organizations are eligible for direct funding. While extremely grateful for the $20 million put into the grant program in the most recent special session, counties were concerned that the funding would eventually sunset before the crisis had been dealt with. HB 4074 provides much needed funding along with an assurance that it will not be clawed back.
AOC will continue to support counties as these bills and others are implemented. Staff will be ready to advocate for additional tools and funding when the Legislature reconvenes in 2023.
For questions, or feedback, please contact AOC Legislative Affairs Manager, Tyler Janzen.
Contributed by: Tyler Janzen | Legislative Affairs Manager