Marion County might ban marijuana businesses -- secretly

[September 26, 2015 update: Yes, the Marion County Board of Commissioners did prohibit marijuana businesses in the unincorporated parts of the county, aside from "grandfathering" in two currently licensed medical marijuana dispensaries. 

A vote in the November 2016 election will determine whether the prohibition on marijuana businesses continues. If it doesn't, the 3% tax on recreational marijuana sales passed in another ordinance will go into effect. 

Here's what the county Public Information Officer, Jolene Kelley, told me when I asked what happened at the September 23 meeting.

Attached are the two ordinances the commissioners approved on Wednesday. Ordinance 1358 "opts out" of the six different types of marijuana businesses described in HB 3400; however, grandfathers in current medical marijuana dispensaries in the unincorporated area of Marion County. The two existing dispensaries in Marion County may begin the early start recreational marijuana sales on October 1, 2015, as allowed under state regulations. The ordinance refers the issue to the voters for the November 2016 general election. 

 

The board also approved a second ordinance establishing a 3% tax on the sale of recreational marijuana that goes into effect based on the outcome of the November 2016 election. 

 

Please let me know if you have any additional questions.

Here's the files Kelley included with her message.
Download 09-23-2015 ORd. prohib marijuana bus in unincorp areas
Download 09-23-2015 Ord, three percent tax - marijuana ]

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Wow, secrecy about banning marijuana sales and businesses is epidemic here in Marion County, Oregon.

Someone just told me about an agenda item on the Marion County Board of Commissioners' September 23 meeting, That's the day after tomorrow.  It says:

ACTION

BOARD OF COMMISSIONERS
1. Consider adoption of an ordinance prohibiting marijuana businesses in the unincorporated areas of Marion County, by emergency procedure. – Scott Norris 

Norris is a Marion County Assistant Legal Counsel.

Here's the agenda, which hasn't yet appeared on the Marion County web site, even though the board meeting is the day after tomorrow.
Download 09-23-2015 Board Session Agenda (1)

It seems really suspicious that the County Commissioners would take steps to prohibit marijuana businesses in unincorporated Marion County on an emergency basis.

Don't they realize that Measure 91, which legalized recreational marijuana in Oregon, was approved by voters in November 2014? Almost a year ago! What's the emergency, dudes?

The person who emailed me the agenda thought county officials were trying to avoid the uproar that followed the City of Salem putting up an agenda item regarding a possible ban on early sales of recreational marijuana just two business days before the meeting.

(See my blog post, "Salem City Council might ban marijuana sales -- secretly.")

Now the Marion County Board of Commissioners is doing the same thing. This isn't the way government is supposed to work.

But it sure seems to be the way the Republican members of the Board are trying to sneak through a ban on marijuana businesses.

Update: after I sent in some testimony to the Board of Commissioners, urging them to take more time on deciding whether to prohibit marijuana businesses, I got this reply from the county public information officer. The agenda was indeed posted last week, but it wasn't easy to find.

Mr. Hines,

Thank you for contacting the Board of Commissioners Office. I have forwarded your email for inclusion as Public Comment for tomorrow's Board Session. 

 

The Board Session agenda and packets were added to the Marion County website on Friday, September 18. Here is a link to our board session web page: http://www.co.marion.or.us/BOC/WkCalAgen.htm. 

 

Please note that the county will launch a new website on Monday, September 28, and the direct page URL (as listed above) will not longer work. You will still be able to access board session information from www.co.marion.or.us then visit the Meetings and Events page. 

 

Thank you. 

Jolene Kelley

Marion County | Public Information Officer

Comments

[Stephanie]

What was the outcome of this meeting?

[Brian Hines]

Stephanie, yesterday I asked the Marion County Public Information Officer, Jolene Kelley, that question, as I couldn't find any news about the meeting in our local paper or the county web site.

Here's what Jolene told me. I'll add the PDF files she mentions to the end of this post.
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Hi Brian,

Attached are the two ordinances the commissioners approved on Wednesday. Ordinance 1358 "opts out" of the six different types of marijuana businesses described in HB 3400; however, grandfathers in current medical marijuana dispensaries in the unincorporated area of Marion County. The two existing dispensaries in Marion County may begin the early start recreational marijuana sales on October 1, 2015, as allowed under state regulations. The ordinance refers the issue to the voters for the November 2016 general election.

The board also approved a second ordinance establishing a 3% tax on the sale of recreational marijuana that goes into effect based on the outcome of the November 2016 election.

Please let me know if you have any additional questions.

Thanks,
Jolene

[JR]

This is the same issue I just went through with Jolene Kelley. I am not sure what happened here, but I have been following this for 2 years, and at no time did I ever see anything about this happening in Marion County. I received the IDENTICAL letter from Mrs. Kelley, and that did not clear up anything. It seemed as though they would not answer my questions.
Can anyone post if there is a lawsuit or any investigation going into this issue? I also asked about meetings, and she explained that there was several open meetings in regards to opting out of this industry in the county.

[S Moore]

Marion Counties Epic Fail. To wait until all of us have invested money in property and the costs of all the hoopla they have added to the rules and then opt out at basically, the last minute does no service to the people of the county that are involved in this industry and the many people the industry serves.
This just leaves all of us under medical and we will go ahead anyway.
They can try to stop this tide but that is like trying to stop a waterfall with a Kleenex.
My belief is this is not about legalization at all its about extorting more money from the system.
They will eventually have to roll over. In the mean time putting anyone in Marion County one year behind anyone who can meet this rule.
Most will just stay black market increasing the black market in Marion County.
Shame on Marion County Commissioners.