I haven’t had a criminal case for two years now, but I’m still dealing with marijuana law.
Stebbins and Coffey does a lot of work with local governments; small towns and districts up and down the South Coast. And you know what the bottom line is? Constitutional Law. Oregon has passed recreational marijuana legalization laws, and the local governments have to grapple with how they will handle those laws, their own residents, and their relationship with the state.
Considering the option to opt out of allowing marijuana sales within city limits, towns have to balance the risks and reward. They have to consider the risk inherent in introducing a new intoxicant, as well as conflicts with federal laws. On the other hand, there are potential rewards in new business opportunities for retailers and growers, tax revenue, and tourist attraction. Finally, determining the will of their voters, particularly when the voters remain silent until after a decision is made, is an ongoing challenge.
Meanwhile, Districts have to examine funding sources. A district that might otherwise have a more relaxed set of employee policies may be better off sticking to a zero tolerance policy in order to avoid the loss of federal funding.
Even though Washington and Colorado have done some of the trail blazing (hah.), the information available on the results of legalization is varied and highly politicized, making it very hard to sift out reliable data. (You might even call it a hash).
Multiple agencies of the State in Oregon are involved in creating the rules for marijuana businesses, but the big two are the Oregon Health Authority (OHA) and the Oregon Liquor Control Commission (OLCC). The OHA is responsible for medical marijuana (which has it’s own separate chapter in the Oregon Statutes), while the OLCC is responsible for recreational sales. In addition, the Department of Revenue and the Department of Agriculture are drawn in as smugglers revenue and secret grow operations turn into tax questions and farming issues in a public discussion.
The whole situation is confusing and fascinating and evolving. Based on many conversations and meetings, I leave this suggestion for those of you who are interested in this issue: Make use of the system. Go to your City Council or district board meetings and offer sane, thoughtful, civil commentary. Be aware of who your audience is. Everyone there will appreciate it.