County leaders press pause on marijuana opt out

Marijuana production and related business operations are safe for now in the unincorporated areas of Deschutes County.

County commissioners agreed Monday that temporarily banning all future recreational and medical pot operations would not be the best approach. But county leaders are expected to continue weighing regulatory options for the marijuana industry at an upcoming work session Sept. 2.

The board could still temporarily block one or all marijuana business types, such as production and processing or wholesale distribution and retailers. A ban could also apply to future medical dispensaries and processing.

The board held two public hearings Wednesday ahead of considering an ordinance that would allow the county to “opt out” and not allow marijuana businesses. The ordinance would only apply outside of city limits.

“I think the easiest thing we could do is to opt out,” said Commissioner Tammy Baney on Monday. “I think the hardest thing — the right thing — would be to parse through some of these issues and craft something that makes sense to Deschutes County.”

Marijuana business owners told commissioners last week that a moratorium would be a detrimental for the soon-to-be-licensed recreational side of the industry.

Measure 91 legalized recreational pot as of July 1. Growers and retailers won’t be able to obtain licenses from the Oregon Liquor Control Commission until next year.

The county decided last month to consider placing a moratorium on the marijuana industry. The approach was granted to local governments through House Bill 3400. The county would have to put the opt-out ordinance on the November 2016 election ballot and get approval from voters in order for the moratorium to be permanent.

Legalization of recreational marijuana was strongly supported by voters in Bend during the November election. Opposition to Measure 91 came mostly from areas outside city limits. However, the majority of voters within the city of La Pine were also opposed to legalization.

Many county residents were in favor of a ban at the public hearings Wednesday. They described concerns about noise, safety and impacts from grow sites with greenhouse setups and bright lighting.

Baney said Monday, however, that she felt there was a middle ground throughout the debate, one where pot production and processing could be compatible with surrounding uses.

“I don’t really want to opt out either,” Commissioner Alan Unger said in response. “I think we have a chance to really look through this.”

Unger added that he isn’t willing to take the opt-out option completely off the table.

“Production in the rural county is appropriate,” said Commissioner Tony DeBone. “There’s a lot of land use we need to discuss to go with this as we look at the opt-out options.”

According to state law, marijuana businesses are allowed outright on land zoned for exclusive farm use. The operation can be approved without special conditions or additional requirements. The board, however, could add its own local regulations to address potential neighbor conflicts.

County leaders will also consider permitting marijuana production and other operations on rural residential lands and agricultural lands zoned for multiple uses.

— Reporter: 541-617-7820, tshorack@bendbulletin.com