Significant changes are almost certainly coming to Deschutes County’s approach to marijuana regulations, including a possible pause in processing land-use applications and restrictions on how many growers can coexist in certain parts of the county.

However, the details of those regulations, and how much leeway the county will have when adopting them, remain up in the air.

On Wednesday, the Deschutes County Commission narrowed its focus in its effort to update its recreational marijuana regulations.

Discussion centered on the possibility of instituting a pause, during which county staff would not process pending marijuana-related land-use applications for 45 or 60 days.

The goal, according to Commissioner Tammy Baney, is to free resources to crack down on illegal or noncompliant growers, while signaling to the industry that the county is serious about reform.

“It gives us a chance to get our arms around this,” Baney said.

During a potential pause, the county will look at adding to its enforcement staff, while getting additional information from state agencies. Changes to the county’s guidelines, including a potential cap on additional applications in oversaturated areas, could be on the table.

However, any changes would have to navigate state laws and potential staffing challenges.

Peter Gutowsky, planning manager for Deschutes County, said the county likely lacks the ability to issue a full moratorium, but can direct staff not to process applications within a certain time frame.

Under state law, Deschutes County has to issue formal decisions on land-use applications within 150 days of staffers receiving a completed application, according to Gutowsky. Any pause in processing applications would cut into that time frame, which prompted concerns from Commissioner Phil Henderson that planning staff would not have enough time to complete applications with a pause in place.

“Sixty days is going to cause a lot of problems, staff-wise,” Henderson said.

After the county finalized its rules for recreational marijuana operations outside urban growth boundaries in September 2016, Gutowsky said the first few applications were processed relatively easily. However, as awareness grew about the process and the industry, the county’s decisions began to prompt appeals and public hearings, and now frequently brush up against that 150-day timeline.

Gutowsky expressed confidence that county staff could process applications within 150 days, though he said it may delay other long-running planning projects, including work on a joint project with city of Sisters.

Additionally, Baney said Deschutes County and the city of Bend are looking at jointly funding the addition of two limited-duration employees who would work for the Central Oregon Drug Enforcement team, focusing specifically on illegal and noncompliant marijuana operations.

While commissioners expressed interest in looking at capping the number of marijuana applications in oversaturated parts of the county, including the neighborhoods around Tumalo and Alfalfa, their ability to do so remains to be seen.

Oregon law allows cities and counties to impose “reasonable” restrictions on marijuana facilities, but no one knows if a cap on density qualifies.

Mark Pettinger, spokesman for the Oregon Liquor Control Commission, said he hasn’t seen a case of a local municipality imposing any similar restrictions.

Baney said she didn’t know if the proposal would prompt or withstand a legal challenge, but stressed that her priority is addressing the concerns of rural residents in the county.

“We need to respond to the public as best we can, sooner rather than later,” she said.

On Friday, the county released a tentative schedule for moving forward on changes, including one or more public hearings, over the next three months.

The next step in the process will be additional discussion on details during a work session on Monday at 1:30 p.m.

— Reporter: 541-617-7818, shamway@bendbulletin.com