Oregon Cannabis 2026: Legislative Forecast and Report – Canna Law Blog™

Oregon’s 2026 legislative session started final week on February 2. The biennial “quick session” will final however 35 days, and deal with finances shortfalls, transportation and housing—which is to say that hashish shouldn’t be a precedence. That mentioned, of the 300 or so launched payments, there 4 cannabis-related submissions. That’s the place I are available.

Every invoice is linked beneath, with clarification and editorial.

That is the annual omnibus hashish invoice. My supply tells me it collapsed a couple of weeks in the past when marijuana and hemp people couldn’t agree on core objects round intoxicating hemp merchandise, or on the right way to implement the brand new federal hemp legal guidelines and guidelines. That’s unlucky, as a result of time is of the essence in any quick session.

At this level, HB 4139 has been kicked to an interim working group pushed by the Governor’s workplace and the Hashish Trade Affiliation of Oregon (CIAO). They met yesterday at 1 p.m., apparently.

Right here’s what the invoice would do in its launched type, with a couple of feedback by me:

Defines “container” and “industrial hemp-derived cannabinoid product.” This looks like a transferring goal with some federal definitions additionally due quickly.
Modifications the definition of “grownup use hashish merchandise.” (However simply in relation to the above.)
Imposes a 17% retail gross sales tax on industrial hemp-derived cannabinoid merchandise. This is similar share levied on gross sales of marijuana objects within the Oregon Liquor and Hashish Fee (OLCC) system. The invoice has no provision for the native jurisdiction 3% add-on, which generally pertains to OLCC gross sales.
Directs OLCC to right away droop a marijuana producer license for specified causes. The language features a “possible trigger” commonplace, which appears doubtlessly problematic from a due course of standpoint. This part additionally supplies that an OLCC producer license suspended underneath this subsection “is nontransferable till the ultimate disposition of the fee’s motion associated to the suspension,” and it prohibits OLCC from issuing a brand new license on the premises for 10 years.
Directs OLCC to examine a premises licensed by the fee with out advance discover for specified causes, and to request that legislation enforcement accompany OLCC to the premises. This one can be tied to a possible trigger commonplace. Feels much less dicey if we’re simply speaking inspection. (“Examine” is outlined, endearingly, as “to look at or evaluation formally.”)
Requires the Oregon Division of Agriculture (ODA) to finish a legal data test on an applicant for an industrial hemp handler license. Fantastic. Like with OLCC licensees.
Requires an applicant for an industrial hemp grower license to supply a land use compatibility assertion and knowledge associated to land possession to the division. Fantastic. Like with OLCC licensees.
Directs ODA to examine a licensed premises with out advance discover for specified causes, and to request that legislation enforcement accompany the division to the premises. See remark above re: OLCC licensee inspections.

This can be a medical marijuana invoice, targeted on sufferers and caregivers. I’m informed it has traction and a piece session assembly tomorrow. Listed here are the salient provisions:

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 ache administration.” This seems like non-controversial, clean-up work.
Requires a corporation or residential facility that’s designated as an extra caregiver for a medical marijuana cardholder to create and preserve a written coverage and supply academic coaching for sure workers relating to the medical use of marijuana. Fantastic.
Exempts hospitals and hospital-affiliated clinics from the necessities. This is because of federal legislation and insurance coverage points, I’m fairly certain.
Protects a corporation or residential facility and its workers and contractors from sure legal legal responsibility associated to the medical use of marijuana. Lengthy overdue.
Prohibits the Oregon State Board of Nursing from taking disciplinary motion towards a nurse for discussing the medical use of marijuana with a affected person. Lengthy overdue.

This doofus invoice was introduced by the United Meals and Business Staff Native 555, who’re making an attempt to get their very own initiative repealed. My guess is UFCW is doing this as a result of the U.S. District Court docket dominated that the initiated legislation is unconstitutional, as predicted, they usually don’t need “extra unhealthy legislation” when the Ninth Circuit upholds that ruling.

I’ve written heaps concerning the waste of taxpayer cash the Poll Measure 119 saga represents. See right here, right here, right here, right here, right here, right here, right here, right here and right here. In brief, BM 119 required most Oregon hashish companies to enter into labor peace agreements with “accepted unions”, with a view to renew or get hold of licensure. On Could twentieth, the Oregon District Court docket struck it down. The case is up on enchantment, however HB 4162 may quietly moot that, if handed.

In all, HB 4162 is tantamount to the Union saying “hey legislature, please repeal this legislation that you just warned us could be legally poor, however which we satisfied voters to approve instantly regardless. We are going to cease losing taxpayer cash if you happen to assist us overrule ourselves. (A minimum of for now.)”

This can be a public well being and prevention invoice introduced by the Chair of the Senate Behavioral Well being Committee. I’m informed the listening to on Monday was contentious as between that facet of the aisle, and trade. Listed here are the important thing provisions:

Requires cannabinoid edibles to be individually packaged, and permits as much as 10 milligrams of grownup use cannabinoid per particular person cannabinoid edible. The trade argument right here is that hashish packaging necessities generate great waste, and are an affront to sustainability. It’s a very good argument.
Requires cannabinoid edibles and different cannabinoid merchandise to be packaged in a way that’s tailor-made “judiciously” to the particular goal of defending minors from the unfavorable well being results of “unlawfully utilizing” cannabinoids edibles and different cannabinoid merchandise. See remark above.
Permits native governments to ascertain buffer zones of greater than 1,000 toes round grownup use hashish and medical marijuana operations within the curiosity of public well being and security. The legislature has labored on the buffer zone lots through the years, on grandfathering ideas and the whole lot else. There is no such thing as a compelling well being or security motive I can consider for native jurisdictions to buff out the siting radius; this ought to be left alone.

Wrapping up, for now

I’ll test again on the finish of the session and report on what has handed, if something. Except for the farcical HB 4162, something that will get by means of will possible look markedly completely different in remaining type than the enrolled drafts we see in the present day.