State House sends med-marijuana bill back to Senate that allows “local option” on one year moratorium on dispensaries
In a move that all but blows away any idea that the interim legislative sessions were supposed to be “state budget tweaking,” the end game for the current interim session is all about medical marijuana.
Another version of Senate Bill 1531 that was passed out of the House on Wednesday and sent to the Senate for a vote would allow local jurisdictions to outlaw medical marijuana dispensaries for one year while they develop local dispensary rules and regulations controlling when, where and how they operate. One year moratorium. If a city or county doesn’t want a moratorium they don’t have to enact on.
Here’s some other provisions that may survive a Senate haircut or mudpack…
SB 1531 C – Local Regulation of Marijuana Dispensaries
1. Specific authorization for local governments to establish reasonable time, place, and manner regulations on marijuana dispensaries.
2. Notwithstanding this, a county may impose a moratorium for 1 year if enacted by May 1, 2014 (moratorium would end May 1, 2015).
3. States any dispensary operating where a moratorium is in place is not protected from law enforcement activities. (status quo)
4. Local government must notify OHA they have imposed a moratorium
5. Dispensaries in a moratorium area may choose to surrender their license and receive a refund, or continue to operate at risk or close up for the period of the moratorium.
6. If the dispensary surrenders their license OHA may refund the fee paid.
7. OHA by rule is to develop child-resistance safety packaging.
8. Maintains language in the B-Engrossed version of HB 1531 that prohibits a medical marijuana facility from transferring any THC infused product that is manufactured or packaged in a manner that is attractive to minors. OHA shall determine this by rule.
The Senate is expected to pass it. But many lawmakers foresee year-long behind the scenes efforts flowing into next year’s legislature to modify the law before May 2015 to allow permanent bans if local jurisdictions want it. But others would be free to lift their bans at their discretion if they so choose.
Sounds like the old Southern U.S. and the way they used to handle alcohol. You had dry counties and wet counties. Some are still that way in certain regions of the South.
Here’s more on the story from The Oregonian. Click here.