Oregon's New Cannabis Laws: 2026 Edition – Canna Law Blog™

Sine die got here for Oregon’s 2026 legislative session final Friday, March sixth. I previewed the roster of hashish payments in play again on February twelfth. Two of them handed; two of them failed. Under is a recap of the motion, with hyperlinks to every invoice within the headers.

This was the session’s omnibus hashish invoice, which I defined had a tough begin resulting from numerous disagreements between the marijuana and hemp lobbies. On February sixteenth, HB 4139 was shuttled to the Methods and Means Committee and by no means heard from once more—a destiny that befalls many payments in that committee, particularly in brief classes.

The upshot is that we gained’t see quite a lot of new police powers arrogated to state businesses, and we gained’t get key definitions on hemp phrases. Nor will we see a tax on the sale of intoxicating hemp gadgets in Oregon. For a fuller description of what was at stake right here, take a look at my prior submit, or the engrossed model of HB 4139 that died in Methods and Means.

This one was known as the “hospice invoice” and in addition “Ryan’s Legislation.” It was named for Ryan Bartell, a terminal most cancers affected person who discovered reduction by medical hashish. I beforehand defined that HB 4142 expands the definition of “debilitating medical situation” for the medical use of marijuana, to incorporate “the necessity for hospice, palliative care, consolation care or different symptom administration, together with [comprehensive] ache administration.” That language stayed intact, with the one addition being the phrase “complete.”

The regulation applies to hospice applications, residential services and palliative care settings, however exempts hospitals and their affiliated clinics. It additionally protects services and employees from state felony legal responsibility for possessing, delivering, or manufacturing medical marijuana for sufferers. And it prohibits the Oregon State Board of Nursing from disciplining nurses for discussing medical hashish with sufferers. All great things.

Assuming Governor Kotek both indicators or doesn’t veto this invoice, it turns into operative on January 1, 2027. Qualifying services are required to have written insurance policies in place by June 30, 2027 for the procurement, storage and administration of medical marijuana. By December 31, 2027, services should make instructional coaching out there to employees. I’ve no motive to consider Governor Kotek gained’t help this invoice. It follows comparable laws in California from 2021, and it sailed by the session with out controversy.

Right here’s what I wrote on LinkedIn some three weeks in the past, relating to this invoice:

True story 🙄🙄. HB 1462 was introduced by the Native UFCW 55. They’re trying to repeal a regulation that took impact by way of a poll measure that the Union itself initiated. Learn that once more.

UFCW first tried to push the regulation by legislatively, a couple of years again. However the Union couldn’t get traction resulting from Workplace of Legislative Counsel findings that the idea was UNCONSTITUTIONAL.

UFCW then pushed a recall effort in opposition to one of many opposing legislators, and began gathering signatures for a poll measure to move the unconstitutional regulation.

Oregon voters permitted it, not appreciating the issues. I and others criticized the measure for apparent causes and stated it needs to be challenged. That predictably occurred, and UFCW/Oregon was routed at District Court docket. Case is now on enchantment for some motive.

Now, slightly than face one other unfavorable ruling (Ninth Circuit), UFCW is asking the legislature to unwind what lawmakers and others instructed it to not do within the first place.

You don’t need to be anti-union (I’m not) to understand how asinine that is. Massive waste of time and taxpayer cash right here in Oregon. I would really like this to get some press.

That’s sufficient stated, in all probability. We will count on a dismissal of the pending Ninth Circuit enchantment someday quickly.

This was styled as a “public well being” invoice that proffered extra edibles packaging and dispensary siting necessities. I considered the invoice as pointless and wasteful, which I think about was the trade consensus. I additionally wasn’t shocked to see it falter, even because it obtained some traction in its journey by a couple of committees.

As with all of those failed payments, SB 1548A might all the time pop up once more subsequent session, as a stand-alone invoice or in another format. Hopefully it doesn’t, although.

Conclusion

Keep tuned for Governor Kotek’s signature on HB 4142 and HB 4162. If Kotek doesn’t signal or veto both invoice by April seventeenth, 2026, every invoice turns into regulation routinely. We’ll additionally see some company rulemaking round HB 4142, possible starting this fall. As all the time, we’ll proceed to replace on any main developments. Onwar