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2016-230-Minutes for Meeting May 02,2016 Recorded 6/3/2016
DESCH TES COUNTY FICIAL NANCYUBLANKENSHIP,FCOUNTY CLERK CJ 2016'20 COMMISSIONERS' JOURNAL 06/03/2016 02:44:41 PM ,1,111..11 111111111111111111111 Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF PUBLIC HEARING DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, MAY 2, 2016 Present were Commissioners Alan Unger, Tammy Baney and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; Nick Lelack and Matt Martin, Community Development; and approximately 100 other citizens, including representatives of the media. Chair Alan Unger called the first segment of the meeting to order at 10:00 a.m., beginning with the Pledge of Allegiance. Chair Unger explained the nature of the hearing and provided an overview of how the hearing would be conducted. Testimony will be taken until 12 noon, and will continue again at 1:00 p.m., concluding at about 3:00 p.m., or later at the Board's discretion. He read an opening statement regarding the facts relating to Ballot Measure 91, House Bill 3400, Senate Bill 98 and other legislation. This statement was meant to clarify what the legislature did, and what the Board can and cannot do; and what those wishing to testify should focus upon. He gave the file numbers at this time. At this time, Matt Martin read the opening statement. Regarding conflicts of interest, the Commissioners declared none. There were no challenges from the audience. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 1 of 32 Monday, May 2, 2016 Mr. Martin provided some background relating to hearings, meetings and the work of the Marijuana Advisory Committee. (He referred to a PowerPoint presentation, a copy of which is attached for reference.) Commissioner Baney noted that they will begin deliberations on Wednesday, May 4, but won't necessarily be able to complete those deliberations at that time. Commissioner DeBone agreed that May 4 might be the beginning of deliberations. He advised the audience how to use the microphones and to let them know if someone cannot hear those who are speaking. Chair Unger limited the speakers to three minutes due to the high number of those signed up to testify. Commissioner Baney stated that they have had a lot of interaction and e-mails, and would like to have a cut-off date of further input so that they can begin deliberations. Chair Unger suggested that perhaps e-mails or letters should be received by the Board no later than Tuesday morning. Nick Lelack added that there needs to be a reasonable time for the Board to have time to read or review information before deliberations. Commissioner Baney would like to know from the speakers where they live — whether in the unincorporated area of the County, in a city or elsewhere. Chair Unger explained that they do not want to delay this process any more than necessary, and do want to reach a decision soon, but will need sufficient time to do so. He thanked everyone for their patience. 1. Cynthia Ingman said she has lived in rural Deschutes since 1995. She has small irrigated acreage but does not get a farm deferral. She retired and loves to care for her property. A man who lives down from her has purchased three large parcels, and there is now a large greenhouse and storage containers. Closer to her, another has been built but is not in production yet. Horses used to run in those fields. She hopes the Board chooses to opt out. It is a complex problem and the public needs as much education and information as possible to make a reasonable vote. She loves Bend and wants her children to end up with the property one day. She can't see this happening if she is surrounded by grow farms. This needs to be limited. There are 1,700 medical grows already, and how many more do they need; it is out of control. She feels the public should have a say in this. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 2 of 32 Monday, May 2, 2016 2. Patty Adair said she is from eastern Oregon. She looked at places to retire and chose Deschutes County. Somehow, now that she is here, she is concerned. The Deschutes County GOP unanimously voted to opt out. Her husband was with the State Police. She referred to the Pike County, Ohio incident, and does not want that happening here. She loves the smell of alfalfa, not pot. The aquifer is important and this industry uses too much. She drove to Alfalfa and saw hemp growing. The Commissioners need to slow down and assess this. The amount of money coming in is minimal. She knows the damage first hand with her son, who was on drugs and has been affected mentally. She thinks it is out of control. 3. Liz Lotochinski said she served on the MAC. She feels that Oregon is oversaturated with marijuana, which is highly regulated and cannot cross state borders. Over 170 tons of excess will be produced once medical marijuana starts growing excess for recreation. The OLCC allows for an annual review of supply and demand, Deschutes County has no compelling reason to contribute more products to the market. The Board has a fiscal responsibility to not spend staff and assets on this. They already spent significant amounts. Time, place and manner regulations do not impede the right to use or patients' rights. She suggested the following: continue the moratorium; place this on the ballot; put in rules on time/place/manner; and require licenses for all producers. 4. Janet Dorgan of Redmond stated she is afraid and upset, and apologized for not being civil. She is concerned about the Board putting regulations in place. Opting in with regulations would be a disservice and expensive. She is curious about having to hire regulators, with the cost of salaries, PERS and how many are needed. Regulations are complicated and there can be too many unforeseen problems, and can't be properly vetted in a short time. There needs to be debate, input and exposure. She asked how many regulators they would need and who would monitor the regulators. The County might rely on compliance but that is not effective. Regulations by committee are self-serving. This would end up being the Board's legacy, overshadowing all other things. She does not want to see this done as a quick fix that would do irreparable harm to the County. She emphasized opting out and putting it on the ballot. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 3 of 32 Monday, May 2, 2016 5. Lilibet (no last name given) said the voters rely on the Board. Things do not always work out, even on the federal level. This needs to be handled with forethought, and opt out like other counties. There was a huge voter turnout in November and it was not a mandate. Some have laid down their money on this industry, but they can move it or sell it. The Tumalo community has fought large resorts, a gravel pit, a batching plant and more. They worked successfully with the BLM. Civil action takes lots of time and money. She wants them to think about the animals with scenting abilities. This is too single minded, like gassing the Canadian geese in the parks. She understands there is a lack of civics being taught in school. Why would people move into these places, the grow sites are like concentration camps, like Auschwitz and Dachau. Due to a lack of civics being taught in school, why move these into these places. They are a lot like concentration camps, Auschwitz. She said if she was a cartel member, she would mow their grow. No one cares if someone smokes it, but they need to grow it where you smoke it, in the city limits. What about justice for all. 6. Jeff Glasberg commented regarding noise, and that 50 decibels at the property line is too high. Rural daytime noise is at about 30. It travels further at higher altitudes. He took a sound meter and his SUV came in at 46 decibels. Having 50 at the property line would be unrelenting, day and night, like a truck idling all the time. They won't be able to enjoy their yard or sleep. No acoustical engineering studies have been done. People live in the county because it is quiet. He would like to see a limit to the number of licenses to one per tax lot. Otherwise, the problems will increase. Many people live next to EFU land, on MUA or RR, and this would put them in a tough position. He wants the Board to value the rural lifestyle. The industry does not care. There is a greater understanding of the issues now, and the community should be afforded the right to make its own decisions. 7. Jim Guild of Tumalo has twenty acres of EFU and is surrounded by farmers on all sides, with cattle, horses and sheep. He is a hay farmer and building contractor. He could be adversely impacted where he lives. Everyone respects each other and the nightscape is spectacular. They don't have light pollution or blowers running 24/7, or the odor. Hay growing and cutting does not smell like a skunk. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 4 of 32 Monday, May 2, 2016 Pot is not a wonder drug that makes people better; it is mind altering. He used to smoke it and things changed for the better when he stopped. He started buying equipment and property instead. He spends a lot on labor and materials. This did not happen until he stopped getting high. There is no place for this in the building industry since it is costly and distracting. The biggest problem is if other new businesses want to relocate here, they will see what is happening and go elsewhere. Others will leave because of this. The 30 businesses located along American Lane are completely impacted by a grow operation there. 8. Robert Pederson lives in rural Deschues County. He feels growing and processing is not compatible and not within the goals of Earth Day. There are problems with climate change and water, and a need greener technologies. Growing outdoors here is impossible, so they have to grow inside using a lot of water and power. The Board needs to unplug marijuana production. It creates odor and is unsightly. Othrewise it will spoil what is a magnet for tourists and businesses. There should not be more than one license per parcel. The growers are using impenetrable fencing due to criminal activity. He would like to have the Board consider limiting growing to industrial zones rather on farm land. This issue is too complex for three motivated, hardworking board members to figure out. 9. Shirley Morgan spoke about property values. She lived in Clackamas County and was on the marijuana committee. No one told people this would happen under Measure 91. That should have been a requirement since it violates federal law. Clackamas County had requests for 198 permits. People are digging wells, cutting down trees and creating more impacts. She works with citizens nationally on this, and the complaints are the same. You cannot mitigate the odor. There are also noisy fans, fences and the potential of murders and crime. The impacts cannot be mitigated and would forever change the culture of rural Deschutes County. Voting citizens can use their heart and concerns, investments and their vote. Let the voters decide. 10. Gretchen Pederson said that the Board should extend the moratorium and let the voters decide. Vast amounts of time have been spent on this emotional can of worms. The MAC report shows consensus on only a few issues, and significant ones were not addressed at all. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 5 of 32 Monday, May 2, 2016 In spite of all the hard work, it still lacks clarity and is unresolved. Others are considering adjustments of their laws. She recommended reasonable regulations for medical sites. Growing and processing is better suited in industrial areas. Setbacks should be over 1,000 feet. Residential lands are being unfairly impacted. There should be just one license and under local ownership only. The three Commissioners should not have to decide this issue on your own. 11. Bob Hammond of the Deschutes River Ranch Association and a resident of Tumalo said that any sort of marijuana business is not appropriate. These areas are for residential and traditional agriculture. This is a whole different ballgame and will forever change the County. They do not need any marijuana related businesses in the unincorporated areas, and this should be referred to the voters. It is still illegal at the federal level, there is lots of crime related to this, and he doesn't want that here. This is not an acceptable use in rural areas. 12. Tony Oliver lives on ten acres between Redmond and Sisters, and employs two workers for her berries and other plants. This is a working farm. She asked the Board to continue the opt out. The grows have a negative impact on water, safety and the community. There is a shortage of water and experts say this will continue. Some people have had to drill deeper wells. One marijuana plant uses 600 gallons of water a day. Greenhouse production is slightly less. Surface water is not allowed for marijuana production, so they have to dig wells. The price of water mitigation has impacted what she can do. It costs $45,000 per acre now that there is such high demand. Water use is a voluntary compliance system and there is no way to know if water use is being monitored. She referred to e-mails regarding crime in other areas because the product is getting $1,200 to $6,000 per pound. This lures those who want to grow illegally, and that will happen here. The Sheriff can only do so much. The MAC was heavily biased towards marijuana. There should be no grandfathering; they should have to comply with setbacks and other regulations. She wants the Board to continue the opt out. 13. Christina Hadar, an owner of OreGrown, has a dispensary on Wall Street. They own 84 acres of EFU land in Tumalo, with thirty employees. She is a native Oregonian and a resident, and feels her perspective is unique. She is impacted by this ongoing issue both as a business owner and a rural resident. She enjoys the rural lifestyle. She believes the best way to improve this situation is to adopt fair and thoughtful regulations for any businesses. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 6 of 32 Monday, May 2, 2016 They need reasonable structure so that farmers and small businesses are aware of what is required. Reasonable regulations will provide for protection to residents, enforcement and control. Both sides should support viable businesses for both workers and residents, and preserve the Deschutes County area to allow for homes for wealthy retirees and opportunities for middle class working families. The MAC reached consensus on some things. It is time to implement the will of the voters and enact reasonable regulations. The comparison of a grow site to Auschwitz or concentration camps was very offensive to survivors of the holocaust and to other families who were impacted by it. 14. Mike Hayes said that his parents have been on a Tumalo farm since 1972. He has an MBA in economics and is a former Marine. He wants his parents to be able to utilize their property in this way. He wants to see regulations in place to control those who don't comply. He urged the Board to pass the original draft plan and put in a process that will eliminate those who are not being responsible. People should be able to utilize farmland that is not suitable for other uses. This is a path to ensure the County can move forward with new rules and eradicate those who do not comply. 15. John Short said he has done contract work for Deschutes County. He worked with water rights for a dozen years. He lived on EFU land and on ten acres west of Bend on Forest 2 zoning. He has never tried cannabis but has visited some high tech operations. For production and processing, the Board should rescind the opt out, but keep some good neighbor rules. In an area prone to recession, diversifying is helpful. Boutique cannabis seems to be a good fit for smaller parcels, and provides good jobs. He does not see farms with smelly and noisy animals offering up any good neighbor rules. Regarding water, he has been involved in water transactions many times, and there are a multitude of different rights here. Some tap into different aquifers or canals. Some people want water well rights. The prices can be high for all of this. 16. Ashley Lovely said she is a cannabis patient and cancer survivor. She moved here from Georgia and works with medical patients. She has a background in mental health, and addiction and recovery. Patients are being slowly pushed out because of recreational use. They don't go to dispensaries and growers now just want to grow for recreational uses. She is teaching people how to grow for themselves, since they can have six plants. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 7 of 32 Monday, May 2, 2016 She does not want to compete with others but wants to help the patients. Some physicians refer people to her. Most live in rural areas and she drives to them. She is concerned about quality of life in the rural areas as well. She would like to see an incentive for medical growers. The Board should advocate for patients and remember that there is an impact of them with regulations as well. She hopes the growers and business owners remember that there are those with medical needs, too. 17. Karrie Deaton of Tumalo noted that this is a heated and passionate battle of money and lifestyle. The decision is momentous for the future here. Many hours have been spent searching for middle ground, but the disparity and discord is as wide as ever. She would like to see this back in the hands of the voters in the form of several questions. If it is reflective of the residents, the opposition should not complain. Oregon does not need more marijuana to supply residents. It cannot be taken to another state legally, so that leaves the black market. The Board should proceed in a slow and equitable way, perhaps with a lottery with permits. Put it in the hands of the voters to determine the accurate way to go. 18. Kevin Hogan is a part-time resident of Tumalo, and is with OreGrown Industries. Recreational cannabis was voted in, and residents are depending on the local governments to put in reasonable regulations. The State gave a framework so people can come together on the basics. The notion of a do -over is anti-American. Opt out puts unwanted stress on small businesses, which are the backbone of America. This would cause layoffs and closures, and not just those in the marijuana industry. If they opt in, this will bring in more quality jobs. This is a permanent industry with good jobs; the difference is hiring more and paying more. This is the fastest growing industry in the country, with almost all small businesses. He asked the Board not to close the door to entire industry. 19. Dante delVecchio works on an 80 acre farm in Tumalo. This is a large economic incentive and he is asking for just and sensible regulations. Cannabis is an agricultural crop. The Board is prolonging the inevitable if you opt out. The Planning Commission voted unanimously to opt in. Otherwise, it is harmful to business, Central Oregon agriculture is dying, the environment is ever-changing and they need to be more sustainable. Indoor lighting uses a lot more energy than the sun. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 8 of 32 Monday, May 2, 2016 20. Leila Carter taught at the University of California at Berkeley and now lives in Bend. She does not support opt out. They need responsible regulations that will provide jobs and income. The adjectives are varied about those who want to do this, but her experience is the opposite Most want to do things right. Some are assuming out of fear that they won't be reasonable neighbors. You can't pick your neighbors; the only thing you can control is yourself. People need to establish a relationship, get to know each other, and address the fears so everyone can co -exist. They all want to live here. The Board needs to lift the opt out as it was elected to do, instead of trying to dictate what kind of neighbors people should have. 21. Tim Caine is a bend resident and third generation in Deschutes County. (He provided his family history.) His father owns a farm in the Lower Bridge area. He has twenty acres outside of Bend on EFU land, with one greenhouse that supports five families. Reasonable rules and regulations mean employing 27 people at an average of $47,000 each and an annual payroll of $2.5 million. Job opportunities have always been a problem here. Reasonable regulations need to be enacted. 22. Cameron Yee owns Lunchbox Alchemy, which employs 30 people in Deschutes County. These people pay mortgages, taxes and have families. Community is important to them. These people are like any others and are the future. All want good neighbor relations. Many citizens have been lied to about marijuana for seventy years. It is here and has a lot of benefits. He asked that the Board opt in and allow for more jobs to be created. Jobs of the future are impacted by an opt out. 23 Tristan Reisfar said he is on the advisory committee for medical marijuana. He helps oversee the Oregon Health Plan program, and knows that patients are often left out. Regulations that reduce the flow of cannabis to them, by raising the price, are harmful. This used to be shared freely but the OHA and OLCC rules are making this difficult. Growers are raising recreational, so medical is being impacted. There are 4,000 registered patients and a lot of caregivers, and he is speaking for them. This should not be called recreational marijuana, as that sends a bad message to children regarding adult use. He knows the State is forcing their hand. Chair Unger has asked for guidance and he has given some. They need to make this work for the free market but remember the patients. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 9 of 32 Monday, May 2, 2016 He can't remember a time when the Board ever talked about rescinding a tax measure. Klamath Falls has a bad situation going on there to determine opt out, and it is getting very ugly. He wants the Board to avoid this and get it over with, and don't send it back to the voters. 24. David Williams is a County resident, and said that she supports smart regulations regarding legally growing and producing. He thanked the Board for listening to everyone's concerns. They need safe and smart regulations; otherwise they won't be able to bring in large tax revenue to benefit the State and the County. There is much more potential for revenue and job opportunities at a living wage. This needs to benefit all. 25 Peter Neubauer said he is new to Oregon as of October 2015. He is proud of Hunter N. who has been involved in the implementation program with the State, and also was on the MAC. He left a good job to get into this industry; he was in the medical profession for 32 years and also taught special education. He asked that the Board opt in. This is a train that can't be stopped. Every major industry here is regulated as well. He believes the Board knows what to do with this situation. It should regulate appropriately now. 26 Jill Eckenrode stated she wants to give vigorous support of reversing the hurtful ban on the industry. She flies in the face of the industry, or what some people think. She is well educated, a mother and a resident. She is also a cannabis farmer with partial interest in a property near the Bend Airport. They need to reverse the ban which perpetuates the black market and enables that negative climate. There are over 1,700 medical grows, and the black market is as bad as it will get, but this will perpetuate if there are no rules. Regulations curtail this behavior. As an MBA, she knows the economic opportunity is inarguable. Many other jobs have been outsourced. This industry will fill manufacturing gaps. The economic opportunity speaks volumes. As an American, if the ban is enforced, this infringes on freedoms. Some people cannot change things just because the vote didn't go their way. Opt out interferes with democracy. 27. Ginger Muger said she has done a lot of research and is concerned regarding the Deschutes County gold rush for this, because of loose politics. There needs to be a balance of supply and demand. If cultivation exceeds demand, there must be caps put on production, as they did in Colorado. Permits should be based on how many grow houses are actually needed. This should be allowed only in industrial areas, as they did in Colorado. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 10 of 32 Monday, May 2, 2016 Too much production masks the illicit market, harmful to youth or other states. California has had legalized medical marijuana for 25 years and they are still studying recreational. They divided their steering committee in thirds. One looks at youth education and prevention, another public safety, and the other regulations and taxation, including land use. The Board needs more due diligence. Washington has a priority to enforce environmental laws relating to water, air quality, waste, toxic substances, sustainable communities and natural resources. Those are important things for this County. It will take more than two days to decide this, so the Board should continue to opt out, have a moratorium to get the ducks in place, and get it on the ballot after educating the public more broadly. 28. Mark Armstrong of Bend encouraged a reasonable and responsible framework. Measure 91 passed and is the law. It should not be revoked because some don't like how things went. They need reasonable regulations and not an opt out. He knows there are some nuisances but that is what regulations are for. It is the law and needs to be upheld. He knows of numerous e-mails from people who won't move here because of the opt out. They need to end the black market for good with regulated adult use. They need to pass regulations for farming and processing, common sense and economic opportunities. 29. Kristin White has a farm in Alfalfa. She lives in rural Deschutes County and is a medical patient. She urged reasonable regulations to bring economic development and growth to the County. 30. Joceyln Anderson is a rural property owner with a Master's in education, and has been a teacher and a principal. She owns a farm -to -table model business. This should be grown on EFU as it is an agricultural product. Rules will guide how this is done, and responsible farmers follow the rules. She urged the Board to adopt reasonable rules. The State has collected over $7 million, with 40% of this going into the common school fund. This is meeting the needs of students as this investment directly impacts education. The MAC came to agreement on some issues. The voters support the Board moving forward with regulations and not referring this back to the voters. 31. Ron Koch owns several businesses. This is not a debate of if, or how. This was voted in democratically and should be supported. The MAC came to consensus and made recommendations. The plant is regulated by the Department of Agriculture under new laws, so is just like any other plant grown here. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 11 of 32 Monday, May 2, 2016 Denying civil liberties means they can't build a greenhouse to farm on farm land. By letting this remain on the black market, it creates crime. There is no question about it bringing in economic development. The County is getting a large portion of tax money, or at least they are in the cities. The growers spend money on community events, food drives and other things, and create over double-digit employment. Some land in the city lays idle because of this. This industry brings jobs, community support for education, and to not move forward otherwise creates a black market. 32. Lindsey Pate is a rural resident near Redmond and Terrebonne, a cannabis farmer and small businesses. She presented a petition with 1,500 signatures showing overwhelming support for regulations, as they see the economic potential. She is thankful for the time put in and the learning process. She has learned a lot about land use. The original MAC document shows a fair and workable balance. It struck the goals outlined in the comprehensive plan for agricultural lands. They talked about diverse agricultural technologies, supporting stakeholders and small farmers with a high-value farm product. Large minimum lot sizes and large lot line setbacks do not support the goals of the comprehensive plan and the Code. Economic development should support small farmers. Her products have been award-winning, and she has twelve employees earning a fair wage. The opt out has been hard on them and her family. 33. Edward Salzman, an employee of OreGrown Industries on Wall Street, said they average 15 to 20 employees for each business. Thousands of jobs are on the line. Regarding public safety, the Ohio murders are not relatable because there are no regulations there. This applies pressure on people to go to drug dealers who might be selling other types of drugs. The biggest issue of opt out is that this is medicine for some. The excess product can be processed into concentrates for patients, and it can be donated. Regarding water usage, Deschutes Brewery alone uses seven barrels of water for one barrel of beer. They need six gallons a day for marijuana, or less. He is twenty-three years old, has invested in a grow with a partner and works hard. Stoners are not lazy. An opt out defies the principals that started this country. 34. Kody Reans, an Oregon native, is employed in the cannabis industry. An opt out puts his career in jeopardy. And opt in means regulating correctly. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 12 of 32 Monday, May 2, 2016 35 Dustin Newman has lived in the City of Bend for 14 years. They are discussing a topic that affects the lives of many. For six months there has been a reoccurring debate regarding sound, smell, and lighting. There are reasonable ways to regulate this. The industry can and will benefit the area and tourism. Agriculture is the root of Oregon and to hurt this industry is to hurt yourself. 36. Larry Fulkerson said that he spent numerous hours researching this, and being on the MAC. The obvious conclusion is that they have to compromise to accomplish anything. He suggested that after following the record after one year, there should be no outdoor grows or production here. Minimum parcel size should be five acres. Setbacks should be a minimum of 100 feet. There should be no odor off premises. The County ordinances regarding light and noise should apply. Operations should be licensed by the County and renewable annually if there is compliance. There would be a limited impact by having indoor only, but that helps with issues regarding odor, and is consistent with precedence set by Boulder and Denver counties. The minimum parcel size and setbacks would work, and allow an owner about 71,000 square feet to grow a site. These provisions would allow marijuana growing and production to exist while reducing the negative impacts on property values and quality of life. 37. Ori Wheeler is a rural resident. He said the industry is a budding industry, with lots of jobs to come from it. Everyone comes from similar places. He has a family, a child and is excited that there is potential for people to be a part of this. It is a freight train and is going to happen, and there will be a disservice to all if they opt out. Tax money is already coming in. He loves Central Oregon and farming. With regulation, things can be done properly, clean and safe. Dispensaries have tight security and cultivation sites can be similar. There is a lot of fear -mongering, but they need to be proud of what they do. It is a great way of life overall and the positives outweigh the negatives. 38. Phil Henderson is a native who lives in southeast Bend. He is an attorney and a home builder, and the GOP candidate running against Chair Unger. He has a different view. He went to a couple of MAC meetings, and he hopes the current Board takes care of this issue so he won't have to. He is concerned about the amount of division because of things in general. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 13 of 32 • Monday, May 2, 2016 The area has recovered well from the recession. He is concerned about regulation so far. In reading the MAC report, it did not look complete enough to adopt, with too many areas left out. It is important that this be looked at from the views of the rural residents. In most precincts, over 50% voted against Measure 91, virtually all rural, but the city voters pushed it through. They need to revisit this issue. He was not aware of all the issues when this was voted on, and no one thought about it. It was not on the minds of most. The vast majority of rural voters were against it. There are public safety issues in Colorado, so he suggested the Board go there or send someone to research it. There is a big impact on those who are already invested in the rural areas. People are concerned whether to build or remodel their homes. This could have a chilling effect on economic growth. 39. Don Sloan is from Portland but owns property here. He runs three businesses and is not a pot head. He can't speak for everyone. His property has a tier 2 grow application with the OLCC, which allows 10,000 square feet of cannabis to grow. This sounds big, but that is relative. This would be on 3,702,000 square feet of property, a very small part of that. He has an existing steel building with commercial grade doors, security cameras and locks. Inside the building is another with the same features. He uses commercial grade air filters, and the building inside a building eliminates problems with light and odor. He has 3.7 million square feet, another has 17 million square feet of property to grow 10,000 square feet, also a building inside a building. How this can be a concern for others is unclear, as they would not even know. A grow inside a secure building, surrounded by farm property, provides jobs and can be an integral part of the community. The Board called for an hour recess at 12:05 p.m. The meeting reconvened at 1:00 p.m., and Commissioner Baney brought in cake for her birthday, and invited the audience to have some. (At which time, many in the audience sang `Happy Birthday') 40. Brittney Neubauer read a statement encouraging the Board to adopt regulations that work for the community. The MAC came to a consensus on most. This is new and intimidating, but they are trying to do the right thing. They want to take the mystery out and educate the general public on the benefits. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 14 of 32 Monday, May 2, 2016 They are hard-working people and want to pursue an entrepreneurial dream. The people have already voted, and the MAC, Planning Commission and staff have worked hard. She loves Bend, too, and wants to have a good relationship with all. 41. Charlie Ringo thanked all for their patience with this difficult issue. He urged the Board to allow reasonable production on EFU land. This has broad support in Deschutes County The Bulletin printed an article talking about preserving rural Deschutes, saying a group of 25 people are concerned about this. That is not very many. Some say the voters for Measure 91 were thinking about use and not production, but there is no evidence to support this The voters knew there would be a whole range of businesses associated with this industry, and that it has to come from somewhere. They understood that there would be grow operations. He sympathizes with some opponents, but asked what farm land is for. It can't be just for their little peace and quiet with no intrusion. In a County with 165,000 people, you can't expect to not be bothered by something. They need to go someplace where there is more space, and not five, ten or twenty acre parcels. Under ORS 215, farm use primarily means the employment of land through crops. It is inevitable that this will be allowed, whether it is this week or later. It needs to be allowed with reasonable regulations to allow things to move forward. 42. Alison Hohengarten was on the MAC. As a mediator, this taught her a lot, and it was not easy. She asked the Board to opt back in and adopt reasonable regulations rather than react to the emotional issues. They become move divided the longer they wait. She wants to see this come out of the black market and into compliance, and they should adopt what reached consensus and some things that didn't. The OLCC and OHA already have some regulations, so there do not need to be more restrictions. The MAC could convene again for more work later. They worked hard on issues relating to light, odor and other things. There is a vocal minority that will oppose this no matter the cost. They chose to buy land in a farm area. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 15 of 32 Monday, May 2, 2016 Oregon is a right to farm state, and they cannot complain about a new farming opportunity; this is elitist. This being non-regulated does not help with education, either. Everyone needs to get on with their lives instead of going back to square one. They should adopt what OHA has for medical, and comply with OHA and OLCC rules. Any new ones can be mitigated. Commissioner DeBone said they need to know about and make decisions on setbacks, light control, sound and other land use issues. It is not as simple as a yes or no. 43. Ron Boozell said he is a 25 year resident, former Navy and a stoner. He is also a producer. He has attended some of the meetings and does not see them giving special consideration to this product. This has been the centerpiece of a drug war for the last century, and there are still no facts to support any damage being done. Nothing compels him to believe those wanting opt out support democracy, and he doesn't want the Board to take what was voted for and force a do -over. It does not make sense for farmers to tell other farmers how to do their work. This has taken 90 extra days that were not needed. Regulations already in place will work if people are smart. They need to let people do what they need to do until those regulations are in place. (At this time he gave Commissioner Baney a flower') 44. Elise Wolf said she lives on rural acreage, not EFU, and she is very allergic to pot. This display makes her angry. Marijuana is a drug. They can't say they have cancer and demand a license to grow a crop like it was corn. It appears that the opponents dealing with noise, etc. don't really matter, evidenced by all the laughing and snickering. It is a drug, not medical. Multiple websites talk about the beneficial effects, but some will have side effects. They should have rules on how this is ingested and how. She is allergic and lived on land in California where she found this out. Allergic responses are legitimate. In Oregon vs. Lang, the Sheriff did not have enough proof to access someone's home to get them to stop producing. 1598 will be litigated. If someone wants to grow in a building, that is their business. Others do not want to smell it, hear the generators and see the razor wire. The Board doesn't seem concerned enough and doesn't have the money to deal with the lawsuits from this issue. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 16 of 32 Monday, May 2, 2016 45. Whitney Low lives in rural Sisters. She supported the opt out provision for a while. She has concerns revolving around the processing and its ramifications. She voted for Measure 91 without recognizing the consequences. There are a lot of things that pass without people knowing enough about them. This could have serious ramifications. Before rushing into things, the Board should not open Pandora's Box, but look at things in more detail. People have talked about the economic benefits, but a serious disconnect is a limit on how much can be consumed within Oregon. This does not add up. Limited numbers mean limited production. It will end up being sold someplace else. They need to look closely at the growing process. There are a lot of issues that seem to be passed over, with no guidelines, like power, water, pesticide use and other things. The Board needs to think this through carefully. Some say this should be limited to industrial zones and not be in zones where people are living. She also recommended that the Commissioners separate hemp from marijuana for production guidelines. 46. Jeremy Coon owns Gardens of Gold in Deschutes River Woods. He asked, where the times have gone when there were miles of logs stacked here, and always a job at the mill to pay a decent wage. Where do people go now? There are many facets to this new industry. One greenhouse sized 30x86 fills the work week for two people, plus others to process. They buy products and hire services for the work. He could quadruple his gross income if he could grow recreational. The dollars from retirees and tourists mean jobs but not enough money. There are disadvantage of the cold climate. More poverty will ensue without this passing, since it trickles down to other businesses locally. Greenhouse can be on solar power, using organic fertilizer and LED lights that dim at night. This should be a more positive, green industry and the guidelines based on this. 47. Lori Glauser is a newcomer, an MBA operating an analytical testing lab. There are two master degree scientists here, and they looking at whether to add two more. Their focus is to ensure safe, legal products and compliance with laws in an environmentally stable manner. Stringent zoning regulations may have an adverse effect on this. They try to get people off other drugs. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 17 of 32 Monday, May 2, 2016 It is highly profitable at this time, legal or not. It will make their way to people, so it is best if it is legal, tested and tracked. They use child resistant packaging, and have oversight by regulators. They are subject to normal code, and are professional and safe. There can be unintended consequence of stringent laws, with product not being tested or tracked, and it could make it to minors, out of state, subject to misuse, and buildings may not be up to code. It is in the County's best interest if these businesses work under the watchful eye of authorities rather than on the black market. 48. Al Fols lives in unincorporated Deschutes County. He said he can't be for or against regulations when no one knows what reasonable means. The MAC was right, and the Board was wrong. The Board said EFU only and twenty acres. Five acres square does not mean much space, with a 200 foot setback. EFU is probably best, but it depends on the definition of reasonable. He would rather see an opt in with those rules, or not at all. A law was passed that the County can opt out, either by a decision or a vote. To say that it was already decided is not right. 49. Tony Gonzales is a native Oregon, a resident of rural Deschutes County and an Army veteran. The Board has a lot of problems to think about and is doing a good job of hearing it out. There was a good advisory committee to help with decisions since there is too much emotion involved. Technology in agriculture or other industries can help mitigate a lot of what is being brought up. Much of this is practical and applicable. He wants to keep this area beautiful, but jobs are also important. They should seek to have good, sustainable jobs with a living wage. 50. Brian Jones of Deschutes River Woods stated that the prevalent smells where he lives are horses and the incessant burning of pine needles. He has lived here since his teens. He owns and operates two licensed building services and uses subcontractors. There are at least a dozen people who are financially affected by his business ventures. He jumped at an opportunity to see living wage jobs, benefits and lifetime security. To suggest there is no impact is incorrect. Central Electric Cooperative says this is the second biggest single user of power after Facebook. There are very few employees at Facebook after it was established, but a lot of people working in marijuana. He does not want to see the Board opt out on these jobs. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 18 of 32 Monday, May 2, 2016 51. Thaddeus Dancer is a County resident; he said he believes in the U.S. where you don't have to get permission to move from state to state. The State voted in a law that was passed. In a democracy, if something is passed by the majority, even if you did not support it, it is the law. To opt out is a vote of nullification. Some people buy in farm areas because it is beautiful but they cannot expect that there be no impacts to their lives from farming. People who want to grow marijuana for medicinal and adult use are mostly good neighbors. They should not accuse each other and call each other names. All are citizens. It is good to be concerned about the use of water, but it should be metered anyway. Sound can be mitigated. Light pollution needs to account for dark skies. Traffic 24/7 doesn't happen that much. Most will not use pesticides, so water should return to the ground okay. They need to come together and make common sense regulations. His wife is a medical user and resents being called a stoner. Everyone has a right to make adult decisions, and should be good neighbors. 52. April Bennett has lived here for 21 years and has seen a lot of changes; some good and some not so good. She lived in Alfalfa for ten years, then in town. She grew hay and worked in town as a hairdresser. She developed a tumor and had surgery, and had to learn to walk again. She went through all kinds of mediations to not be a stoner, stupid or a low -life. Medical marijuana is something to keep in mind. It is hard to find the money to pay for it now. Regarding water, it takes a lot to grow hay. She knows what water rights are. She is a medical patient and a grower. Most growers are organic and use little that is bad for the environment.. It is much better than hay, mint or cattle. Marijuana here will help to keep the area desirable. This has come down to personal issues, but there are no regulations on other kinds of farming. 53. Hunter Neubauer gave an overview of his work and family history. He sees this as an opportunity and not an issue. He knows the rules and regulations from the OLCC, which comprise 79 pages. Many of the concerns are in those. The MAC did not get to all of this but did address some issues in detail. He respects the work of staff, the Planning Commission and the MAC. It is unreasonable to have these regulations on EFU land. They should be able to compromise on five acres, since most don't want to be in someone's back yard. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 19 of 32 Monday, May 2, 2016 The State gave clear direction about an outright farm use. There is fantastic EFU property here. They purchased land that had been neglected, and planted lavender to handle any odor issues. The business community continues to innovate, and they can do a lot for the local lands. There are still talking about time, place and manner, and should not be talking about whether it is right or wrong. The County needs to opt in and continue to work on this. They will do what they can to make this work for everyone. (He submitted a copy of the OLCC draft rules.) 54. Aviv Hadar stated that this has been an intense year an one half. There is an undeniable boom and growth means it is desirable here. This area has a beautiful and eclectic mix of people, both new and established. The biggest issue is that this County needs jobs and economic stability. The Board needs to respect the will of the voters and let this industry thrive. They do not want to be on the wrong side of history. He is pioneering with the industry. He gets along with his neighbors in Tumalo, and wants to protect the area. His wife is a fourth generation Oregonian. They purchased and salvaged a rotting goat farm, and the neighbors appreciate what they have done. They spent endless days cleaning out the irrigation ditches since Tumalo Irrigation can't or won't, and the property. The farm they bought is the kind of thing that preserves rural Deschutes. 55. Joel Gisler of Tumalo said that there has been lots of testimony today, with lots of numbers, and he is not sure what is true. What is factual is that if the County opts out, there will still be plenty of marijuana on the market. There are existing growers but he is not sure how they are operating. Regarding reasonable regulations, he was a land developer for decades and has dealt with a lot of this. He has not seen what is proposed. He likes the idea of a building inside a building since it makes sense. He is bothered by all the security issues and why it is all needed. He does not need this for his hay farm. He likes the idea of one permit per lot. He supports containing the odor. They can water in the summer but not in the winter, so he is not sure how they will grow in the winter. There needs to be a permit for more than one-half acre from ground water. They need to contain the noises. Charlie Ringo stated that the neighbors just have to put up with it. A 200 foot setback is better than 100. They should not be able to develop anything small than twenty acres. He would like to discourage growers who have flimsy greenhouses with 24-hour lights and odor issues. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 20 of 32 Monday, May 2, 2016 56. Mark Capps has been a Bend business owner for decades. He is not a grower or retailer but wanted to comment on economics. This is a legal business. He has learned that the majority rules. People from the industry are not criminals; they stepped up to make it legitimately. They are professional and this will have little impact on crime and safety. There could be hundreds of jobs, and the ripple effect is immense. They are building things and paying taxes. The microbrew industry is a perfect example, and he can't imagine that they would say `no' to that industry. He urged them to opt in, and take an active role so this emerging industry can grow in a responsible way. The industry is ready to do so. 57. Julie Austin of Bend encouraged reasonable regulations. The MAC came to agreement on quite a few, and a lot of people on MAC would concede. Cascadia Labs does testing in Bend and Portland. They have been in Deschutes County for ten years. The lab pays a vital role so consumers know what they are consuming. Their business depends on the success of the businesses affected by the delay. There are hundreds of local residents who are glad this is now legal. There is an 'us versus them' attitude, but there should not be. There can be reasonable regulations. They are helping the economy, paying taxes, and providing jobs. She rides her bike through these areas and understands the concerns, so there need to be sensible and reasonable regulations as soon as possible. 58. Natalie Fehlberg is in favor of opt out, but think there is no problem with individuals personally growing their own plants. She urged an opt out of production in the County because it is disruptive. They can try to mitigate this, but most do not feel confident about the oversight. The only recourse is to file a complaint if there are infractions. There will be issues of noise, water, odor, and more traffic, and property values will drop. This area relies heavily on tourism and they host outdoor sporting events here. There are thousands of visitors who come to enjoy this, who may be deterred by rows of marijuana greenhouse and barbed wire fencing, and some may choose to vacation elsewhere. Colorado is seeing increased emergency room visit and arrests related to this. A woman was arrested in Alfalfa for illegal grows after her house burned down. They may end up seeing more of this. There will be more crime that will overburden existing law enforcement, not covered by the taxes collected. It is only right to put this on the November, and make sure it is honestly and accurately written. She feels like the voters were duped by Measure 91. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 21 of 32 Monday, May 2, 2016 59. Kevin Haas lives in south County, and said marijuana will not go away, as it has always been here. It is being legalized. This means taxes that benefit communities. These taxes will bypass expectations. To do otherwise is to be stagnant. Polls show more people support legalization. To wait until November is a waste of time, and lost revenue. They can use the rules of OLCC and OHA. He did not like the smell of alfalfa when he moved here, but has gotten used to it. 60. Maria Callison of Alfalfa is a medical grower on EFU land, who also grows organic vegetables. It is possible to do this sustainably and not damage anything. Alfalfa farmers spread grain from the brewery and that smells worse than cannibals. They also put chemicals on the ground. She doesn't do this. They need to be able to grow the industry the right way. 61. Judy Thorgeirsson said she is sorry that a lot of small farmers from the Tumalo are not here. She has been a Realtor for 30 years and knows a lot of people love Deschutes County for its mountain views and open spaces. She doesn't want the marijuana industry to be focused in Deschutes County. She thinks the pot growers should move to Millican. The voters need to decide and this would be the upright thing to do. Regarding the issue of compliance, if they put in huge regulations, they won't have enough people to go to all the pot farms to get things in order. It would be a huge challenge and very expensive. She suggested that they opt out. 62. William Taylor has lived here for over two years and is employed with OreGrown Inc. from Atlanta. It is not only a career he loves, but is made up by a group of passionate individuals who want this to be done in the right way. He referred to this being preferred for patients to us rather than prescription painkillers. He lives, works and plays here, and loves all it has to offer. He urged the Board to adopt sensible regulations so his career does not stop dead in its tracks. 63. Edwin Price moved here 21 years ago to work in the construction field. He became a medical marijuana patient after suffering a broken back. He fights with chronic pain and fell down the path of addiction to oxy. He woke up one day and realized that this was not what he wanted for his life. He started growing medicinal marijuana, now owns a business and wants to purchase property. He is waiting for the Board's decision and is just a little guy trying to get by. He would employ at least two people if he is allowed to proceed. He asked that the Board please make the right decision. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 22 of 32 Monday, May 2, 2016 64. Charles Brown, MD, said he has a Masters in rehabilitation, and a Doctorate in counseling. No one has more ideas about how to solve this than they did 50 years ago. He wanted to talk about light, odor and noise issues. He drove up Twin Bridges Road to see a grow operation. It was far too bright, and would be viewable from space. Considering that this is a dark skies county, he has no idea on how this happened unless it is because it is internally lit. It is a quarter mile away and lights up their bedroom. He hopes that appropriate regulations can be put into place. People need to follow the Golden Rule, keep this on their property and off of his. This will be challenging to enforce. 65. Alex Risseeun of La Pine stated he is gratefully employed at Davis Farms. He has always been drawn to nature and raising his children where the environment is valued. He has seen first-hand the benefits of medical marijuana. The statistics are real. There is an opportunity to use the plan in a recreational setting, and this will create jobs, and funding for schools and roads. They pay more than living wage. Opting out will squash these prospects and fuel the underground black market. Measure 91 passed and people can legally grow it, but there needs to be strict regulations. The Board should not allow the minority to oppose something that is already law. They are not asking to give up dark skies, and want protection through reasonable time, place and manner regulations. Opt out has nothing to gain. Society will not benefit, and prohibition does not help. 66. Kieran Connelly has lived in Bend for four years. He urged the Board to adopt the MAC recommendations for sight, sound, odor, and rules for other things. They need to help growers and others to come together to discuss the issues. Everyone is so polarized that they cannot even discuss things. He believes that they can come together as a community. They need to work together and can do it. Growers do not need lights and fans all night, as there are ways to regulate this. 67. John Bocciolatt is the Captain of Detectives at the Sheriffs Office. He said he is speaking for himself and for Sheriff Nelson. Deschutes County has been deemed as a high intensity drug traffic area. He spent 28 years in Portland, with nine in drug enforcement and five more in homicide, and three more years working skid row. He never talked to an addict who did not start the journey without marijuana and alcohol. The Board should vote to opt out and let the voters decide. This law will tax the Sheriff's Office. About 80% of inmates in the jail suffer from substance abuse, and this is passed on to others by example. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 23 of 32 Monday, May 2, 2016 Proliferation does not encourage children to abuse intoxicants, but it affects all. This would stretch the resources of the Sheriff's Office, with the crimes and offenses found around drug abuse. Do they want to encourage people to come here not for skiing or the mountains, fishing, clean air or forests, but to come here and buy drugs. How will that affect the safety of the area, and the welfare of the people. This taxes the resources and deputies of the Sheriff's Office. Many search and rescue operations happen because the people are high or intoxicated. The Board should not be naive that gangs won't come here. This include Mexican cartels who are a silent partners in Central Oregon grows. They are voting on a way of life. He said they should ask for an opt out and bring it to a vote. (Many in the audience were offended by this statement and let this be known.) 68. Marianne Thomas lives in Tumalo and is a music teacher. What just happened is what she is concerned about. She likes beautiful fields but when the Sheriff is being called out for making a statement, it is too much. She does not want to open the gates now and have this area be a guinea pig before enough is known. It is too soon, and there are too many consequences. There is little consensus even in the MAC report. She wants to continue the opt out, put it to a vote, and don't let this happen. She is not worried about those who are a part of the process. They just want to make a living and would be good neighbors. But opening the gates doesn't mean all that come later will be nice people. She is concerned about lack of consensus in the MAC report. This can mean higher crime rates, youth drug use, and other things we don't know. She wants to continue opt out and see if this community can withstand it. 69. Darren Thompson is a second generation Oregonian who wanted to rebut what the Captain said. He understands that law enforcement is exposed to a lot of negatives. Clearly, prohibition did not help the circumstances. He fails to understand how a position of opt out would do anything but drive the status quo. It is an illegal mode of activity, with costs to resources. Opting in to alleviate some of the black market activity would help with these costs. It should be just the opposite with sound regulations and involvement, rather than dealing with obscurities. His impression is that opt out does not make sense. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 24 of 32 Monday, May 2, 2016 There are a lot of good people who want a high level of technology and innovation, and it is critical to understand that having proper infrastructure is important. People voted, and the Board's job is to adopt regulations, most of which is presented by the OLCC already. They have a stringent framework. The State assigns investigators and this is why the OLCC and not the OHA makes sure there is compliance. 70. Josh Gatling lives in Deschutes River Woods. It is legal to grow a lot of things that produce intoxicants, like hops into beer, and grapes into wine. He supports a minimal amount of restrictions. 71. Glenn Kotara lives in a rural area and was on the MAC. There were national publications submitted to the MAC that were supposed to be unbiased. He found it frustrating with the MAC, since they could not address all the issues, and there was a lot of contention in the meetings. Light, sound, odor were addressed and got consensus, but they could not agree on lot sizes. This is not a narrow path or a one size fits all. Medical is different. Those needing medical may not be able to grow their own, and need a medical grower. One of the main reasons for him to speak is as a board member of St. Vincent DePaul and the Bethlehem Inn. Aurora County in Colorado gave $1.5 million to address the homeless issue and much more to other nonprofits, along with scholarships. They are feeding homeless people and providing scholarships for students. Those at St. Vincent DePaul or the Bethlehem Inn would usually be looking to the County for help. He recommended the Board opt in and come up with some simple regulations, as some good ones have already been proposed. Other counties went through this and came up with regulations. Commissioner DeBone said that the original proposal was from the Board as a starting point. 72. Lori Sullivan is a member of the OLCC business rules advisory committee. She has twenty years in the industry, and lives in rural Deschutes. She said that opting in might be seen as a threat to law enforcement, but overall crime went down in Colorado. Cannabis is an exit drug from prescription drugs and alcohol. She is surrounded by EFU land, which includes manure, cows, burn piles and water lines over -spraying. Her daughter has cerebral palsy and cannabis helps her to be able to walk. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 25 of 32 Monday, May 2, 2016 She was on welfare before but now can support herself and her children on her own, including the cost of a special needs school. She has been a medicinal cannabis owner for twenty years but the property she is now on is not grandfathered. She lived on twelve acres of RR -10 land with a 12,000 square foot agricultural building. She is compliant with setbacks but has to consider zoning. She asked that the Board not restrict this to just EFU land. She would like to see reasonable regulations and a five -acre minimum with odor control. She would like to have outdoor cultivation opportunities as well, as this is part of her business plan. There is no industrial land in the County so that won't work for anyone. 73. Josh Rodriguez had already left. 74. Andy Anderson said he is upset about being judged by the Sheriffs Office as one of `those people'. Those people are husbands, fathers, wives, children, and workers. This attitude is a scary thought. He has three licensed dispensaries and a farm to table industry. Agricultural farms for this span three states. They want to be good neighbors. His team members are good people. He wants to express appreciation for staff and the Board for the work done. The MAC is restrictive but may be the only way to stop all the issues brought up. None can be proven by fact, so he asked that the Board please make decisions based on fact. The license system does not work in most states. Noise, light and odor were the main problems and were addressed. Regarding the house fire in Alfalfa, this was due to an illegal grow, probably on the black market, and they would not hire an electrician or get permits. Legal operators would not do this. Regarding power, water, security and traffic, the sun is best, and they are concerned about power for indoors only. The fencing and razor wire is to keep children out. Everyone can grow their own anyway. This will help increase tourism in Oregon. He wants to keep the great quality of life here. 75. Ryan Daugherty is a sixth generation Oregonian who wants to see reasonable and responsible rules. The opt out fuels the black market, and does not control big lights and illegal operations. Labeling individuals as pot heads or stoners is wrong. He sees a lot of people in the shop who are successful, and use marijuana to relax instead of beer or wine. This provides medicine and jobs. He urged the Board to adopt responsible and fair regulations. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 26 of 32 Monday, May 2, 2016 76. Paul Lipscomb stated that he is impressed to see so many young people taking part in this. He hopes they continue to grow that aspect of their lives. He disagrees with some, but supports them coming forward. It was the State legislature and not the voters who allowed the commercial grows. Measure 91 allowed marijuana to be decriminalized for adults to grow their own for personal use. He voted for Measure 91 but did not vote for grow operations. The State legislature left it up to counties to make that choice. The Measure passed narrowly in Deschutes County, and he feels that if commercial production was on the ballot here, it would fail. He wants to give the voters a chance to vote on this, as it is important to everyone and the future of the County. There are concerns about adequate setbacks, dark skies, and conflicts regarding water, and he shares those concerns. He is worried about the cost and effectiveness of rules. The biggest is water. People should be asked if they want to place further demands on the rivers. They are already seeking to decrease irrigation water going to farmers. The Willamette Valley has plenty of water, so let them grow the products for this market. 77. Lindsey Pate already testified. 78. Laura Kulju of Bend does not support opt out. She was raised in Oregon. She has a medical background with degrees in sustainable agriculture. She is a responsible voter. References to `reefer madness' and fear mongering is frightening. Continuing education is important to all. She does not want the Board to opt out, but instead adopt regulations, diminish the black market and increase public safety and tax revenue. She is proud to work in the industry. She is a disabled medicinal patient, a mother is as well, and needs safe access. Deschutes County residents voted for Measure 91, but some demographic is not going to be appeased. This is a republic, a democracy, and to let an affluent few sway the vote is immoral. The founding fathers also had strong feelings about marijuana. Farmers were required to grow some. She asked that the Board pass responsible regulations. 79. Nunzie Gould is a rural resident. She pointed out that it is National Historic Preservation month. She asked if they have seen photos of the area from 100 years ago. It is wise for them to regulate. This would not affect the medical users. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 27 of 32 Monday, May 2, 2016 The issue is big industry and grandfathering medicinal growers to become recreational growers. The goal posts for this continue to change, and this inhibits multiple agencies' control and undermines livability. It is not good implementing policy. Laws are being amended and there will be more in June. They need to preserve the area. She would like to see a two-year residency standard. Retroactive grandfathering is not appropriate. Then it all falls on code enforcement and the Sheriff's Office. Scattering an industry across the landscape is not good resource management; nor is grandfathering. Using agricultural exempt buildings is not safe. The MAC neither noticed or invited the OLCC or OHA, and did not review recent legislation. EFU abuts other kinds of lands. They need to know where the 1,830 grow sites are. The OHA had 1529 grow sites listed for the County but did not know where 58 of them were located. The Board needs to be informed as to what is occurring, and opting in is premature and imprudent. 80. Tim Elliott said he was a MAC member, and thought the group was very thoughtful and considerate. He is not suggesting it was not contentious, but they spent a lot of hours addressing some issues. The also spent time outside of that process in e-mails and writing. What he learned is that the impacts on rural areas are real, regardless of some kind acts by some. The MAC did not particularize some of this. OLCC regulations talk about camera at all points of sale, limited access areas, licensed premises, activities beyond the edge of the premises, and 8 foot high fencing that could be installed anywhere. They have an obligation to have more than one type of sign at every entrance. He does not think the County should rely on the OLCC for help with the impacts. There was some agreement on noise, odor and light, and close to agreement on others. Something being reasonable is a question of fact, decided by judges. They should consider this as a potential enforcement tool. 81. David Common owns property in Tumalo. He stated that democracy is hard. Tolerance and compromise is required. Some are upset or nervous and want to implement something. His hope is that after that they can find a place to come together and work. Reality is having information. They are lost without it. He wants the Sheriff on his side. Somehow they need to bring back civility. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 28 of 32 • Monday, May 2, 2016 He has never been in the marijuana culture. He grows medicinal herbs, not marijuana. He wants to help people. The Board needs to choose something so the process can move forward. It will change, because that is what government does. It is part of a democracy. Change happens. He expects this to happen also with the OLCC and OHA. This industry needs to come out of the shadows. Business members who want to be open and comply need a chance. 82. Emily Bennett is a third generation grower and an Oregon native. She has strong family values. She is a mother and cares about the community, including those in the opposition. She knows the economic struggles in this area. Opting in will help with stability. Regarding odor, she lived in Silverton and dealt with a dairy and a pig farm next door, which smelled bad for miles. Not one tells a dairy farmer to keep his cows inside. Inside grows mean higher power use. She asked the Board to stand behind the public's vote and opt in, as the right thing for the future. 83. George Olden has lived in the County for ten years. He has Chron's disease, and is now on disability. He starting using medical marijuana eight years ago and learned more about the industry. He lives on RR -10 land with a small home business. He is a medical marijuana grower only. He feels the OLCC is on top of this. He has less than five acres on RR -10 but his operation is totally enclosed. No one knows what he is doing. Setbacks would be a problem there. He wants the Board to do the right thing for the County and opt in. 84. Samuel Chally is a native and has nothing to do with the industry. He is a new father looking for an economic future. It took him a year to get a job here. This diversification is something he would like to see so his kids can live here. Things are full of change and that is hard for everyone. He wants his kids to have opportunities here, so diversity is needed. There are a lot of smart people in this room who can come up with reasonable and safe regulations. 85. Andie Duff has been here for three years. The issue of cannabis production is controversial. But the reality is that the scope of this Commission is clear, dealing with zoning and regulations and not medicinal or viability of the business. Those in the rural areas are worried about smell, light and noise. The only way to regulate this is to opt in, and he is confused as to why they want to opt out. The horse is out of the barn and running wild. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 29 of 32 Monday, May 2, 2016 86. Mike Slonaker lives in the city of Bend. He asked the Board to embrace the industry and the jobs that come with it. He has been selling air conditioning units for twenty-three years. This is good business for him, using cutting edge technology and incentives. There are some good ideas to be explored. He is a caregiver for his wife and this medicine has changed her life for the better. 87. Kaitlyn Cox already left. 88. Tom or Craig Olsen already left. 89. Shawn Chesley lives in Alfalfa and was raised here. He is close to operations there with light, noise and smells being a concern. There are also concerns about traffic and fire protection. Processing and refining are more of an industrial type use. Growth is agricultural, but refining and the use of chemicals are not. Chair Unger thanked everyone for their input. The Board will leave the written record open until 8 AM tomorrow (May 3). Both letters and e-mails are acceptable. Commissioner Baney said that she is in awe of the respect given here, and she is proud of this in the community. This is an emotional issue, and coming together means living with a decision together. She was raised here and feels that respecting each other matters. She appreciates the time spent and everyone's willingness to help them get to the right decision. Commissioner DeBone noted that there is a lot of diversity on this topic, but what is reasonable and where to go is now on their plate. Chair Unger said that they will start deliberations on Wednesday, May 4, to hear each other out. The Commissioners can only meet in a public forum. This has been difficult and they have a lot of things to consider. They won't get done on Wednesday, but will stay on the path. They don't want to wait forever. Chair Unger adjourned the hearing at 3:30 p.m. Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 30 of 32 Monday, May 2, 2016 DATED this Z ¶� Day of i - 2016 for the Deschutes County Board of Commissioners. ATTEST: k r?5 Recording Secretary Exhibits (not attached to the minutes): Agenda Opening Statement Board Statement Staff Presentation Zoning Maps aid 1 /A - - Alan Unger, Chair Tammy Baney, e Chair Anthony DeBone, Commissioner Submitted Written Testimony , Did Not Testify in Person: Andy Setterfield Gloria Dahymph (sp?) Jean Liberman Kristi Simonton Baldini Joyce Waring Sam Davis Kristin Kerner John and Nancy Lowas Ginger Mugar Larry Pecenka Tom or Craig Olsen Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 31 of 32 Monday, May 2, 2016 Submitted Written Documents and Testified in Person: 1. Cynthia Ingman 2. Patty Adair 3. Liz Lotochinski 4. Janet Dorgan 12. Tony Oliver 13. Christina Hadar 32. Lindsay Pate (petition) 36. Larry Fulkerson 40. Brittney Neubauer 41. Charlie Ringo 42. Alison Hohengarten 44. Elise Wolf 46. Jeremy Coon 48. Albert & Alvera Fols 53. Hunter Neubauer (OLCC draft rules) 54. Aviv Hadar 58. Natalie Fehlberg 79. Nunzie Gould 81. David & Terri Commons Minutes of Public Hearing — Land Use Issues related to Marijuana Businesses Page 32 of 32 Monday, May 2, 2016 Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97703-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.or PUBLIC HEARING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS, MONDAY, MAY 2, 2016 —10 AM to 12 NOON, and 1 to 3 PM Commissioners' Hearing Rooms - Administration Building - 1300 NW Wall St., Bend PLEASE NOTE: Meetings are subject to cancellation or change without prior notice. This hearing is open to the public, and interested citizens are invited to attend. The hearing will be recorded on video and audio, and can be viewed by the public live or at a later time; and written minutes are taken for the record, which will be available as soon as possible. Minutes are not written verbatim. To watch this meeting on line, go to: https://www.deschutes.ore/bcc/naee/board-meeting-videos, and click on May 2. If you plan to testify, please complete a sign-up sheet (provided), and give it to the Recording Secretary. Speak towards the microphone and clearly state your name when the Board Chair calls on you, and then provide your comments. If you agree with previous testimony, or if you are representing others besides yourself, please state this. Comments shouted from the audience will not be considered and will not be part of the record, as all testimony needs to be from the microphones and directed to the Board from the testimony tables as citizens are called up to speak. Testimony time may be limited, based on the number of citizens who wish to speak. Staff will provide an overview of the issue and the hearings process. Oral testimony is not required; written testimony until such time as the hearing is closed is welcome. Please provide written documents to the Recording Secretary for the record. The Board will make every effort to assure all citizens have a chance to provide input, and will ask that those testifying stay within their allotted time. Board of Commissioners' Public Hearing Monday, May 2, 2016 Page 1 of 2 The hearing will be conducted from 10 a.m. to 12 noon; then again from 1 p.m. to 3 p.m., or later at the Board's discretion. Citizens can choose to attend either segment. It will all be considered as the same public hearing. Those who speak at the morning segment will not be afforded an opportunity to speak again in the afternoon. Ifyou offer or display to the Board any written documents, photographs or other printed matter as part of your testimony during the public hearing, please be advised that staff is required to retain those documents as part of the permanent record of that hearing. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PUBLIC HEARING to Take Citizen Input on House Bill 3400; the Findings and Recommendations of the Marijuana Advisory Committee; and Related Local Land Use Marijuana Issues — Matt Martin and Nick Lelack, Community Development 4. ADJOURN To watch this meeting on line, go to: https://www.deschutes.orq/bcc/paae/board-meetina-videos Please note that the video will not show up until recording begins. You can also view past business meetings on video by selecting the date shown on the website calendar. IIDeschutes County encourages persons with disabilities to participate in all 131 programs and activities. To request information in an alternate format, please call (541) 617-4747, or email ken.harmsa_deschutes.orq. Board of Commissioners' Public Hearing Monday, May 2, 2016 Page 2 of 2 PRELIMINARY STATEMENT FOR A LEGISLATIVE PUBLIC HEARING BEFORE THE DESCHUTES COUNTY BOARD OF COMMISSIONERS • The applicants have the burden of proving that they are entitled to the approval requested. • Testimony and evidence at this hearing must be directed toward the approval criteria, as well as toward any other criteria in the comprehensive land use plan of the County or land use regulations which any person believes apply to this decision. • Failure on the part of any person to raise an issue with sufficient specificity to afford the Board of County Commissioners and parties to this proceeding an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals on that issue. Additionally, failure of the applicant to raise constitutional or other issues relating to the approval with sufficient specificity to allow the Board to respond to the issue precludes an action for damages in circuit court. • The Board's decision on this application will be based upon the record and the Staff Report and the testimony and evidence presented at this hearing. • The hearing will be conducted in the following order. 1. The staff will give a report. 2. The applicant presents testimony and evidence. 3. Proponents and opponents testify and present evidence. 4. The applicant presents rebuttal testimony. 5. At the Board's discretion, if the applicants presented new evidence on rebuttal, opponents may be recognized for a rebuttal presentation. 6. Staff will be afforded an opportunity to make any closing comments. • The Board may limit the time period for presentations. • If anyone wishes to ask a question of a witness, the person may direct the question to the Chair. The Chair is free to decide whether or not to ask such questions of the witness. • The grant of a continuance or record extension shall be at the discretion of the Board. • If the Board grants a continuance, it shall continue the public hearing to a date certain. • If, at the conclusion of the hearing, the Board leaves the record open for additional written evidence or testimony, the record shall be left open to a date certain for submittal of new written evidence or testimony. • If the hearing is continued or the record left open, the applicant shall also be allowed a period to a date certain after the record is closed to all other parties to submit final written arguments but no new evidence in support of the application. • Commissioners must disclose any conflicts of interest. Does any commissioner have anything to disclose and, if so, please state the nature and extent? • Does any party wish to challenge any Commissioner based on conflicts of interest? Bonnie Baker From: Erik Kropp Sent: Friday, April 22, 2016 3:48 PM To: Bonnie Baker; Sharon Ross; Elyse West Subject: FW: NEWS RELEASE - County Commissioners to Host Public Hearings on Marijuana Land Use Regulations In case you get questions.... From: Whitney Hale Sent: Friday, April 22, 2016 1:03 PM To: Whitney Hale Subject: NEWS RELEASE - County Commissioners to Host Public Hearings on Marijuana Land Use Regulations NEWS RELEASE For Immediate Release Date: April 22, 2016 Contact: Nick Lelack Community Development Director 541-385-1708 County Commissioners to Host Public Hearings on Marijuana Land Use Regulations The Board of County Commissioners will hold two public hearings on proposed land use regulations that establish the time, place and conditions under which both medical and recreational marijuana may be grown, processed and sold in unincorporated Deschutes County. The public hearings are scheduled from 10 a.m. to 12 p.m. and 1 p.m. to 3 p.m. on Monday, May 2 at the Deschutes Services Building, located at 1300 NW Wall Street, in Bend. Members of the public who are interested in providing testimony at the hearing are asked to adhere to the following guidelines: • Testimony will be limited to 2-3 minutes per person. Oral and written comments should be concise. • Oral and written comments should clearly state what is being addressed — medical and/or recreation marijuana and the specific uses (medical production, dispensaries and/or processing; recreational production, processing, retail, and/or wholesale). • Comments related to quality of life issues should be specific about what needs to be addressed in the proposed rules in order to preserve livability. • The scope of the public hearing will not address Ballot Measure 91. When Oregon voters passed Measure 91, they legalized recreational marijuana for personal use. The County's role (and subject of the public hearing) is to decide how and if marijuana can be commercially grown, processed and sold in rural Deschutes County. In December, the County Commissioners voted unanimously to temporarily ban or "opt -out" of marijuana businesses in unincorporated Deschutes County. In February, the Commissioners appointed 13 residents to the County's Marijuana Advisory Committee (MAC). That group worked diligently to recommend what reasonable land use regulations might look like. Deschutes County staff will provide a report of the MAC's recommendations and an overview of outstanding issues for Board consideration on April 27th in preparation for the May 2 public hearing. Public comments will not be accepted at the work session on April 27th For additional information, please visit www.deschutes.ora/marijuana ### Whitney Hale 1 Public Information Officer Deschutes County Administration 1300 NW Wall St. Suite 200 I Bend, Oregon 97703 Desk: (541) 330-4640 I Cell: (503) 382-7042 0 Enhancing the fives of citizens by delivering quality services in a cost-effective manner. 2 Deschutes County Board of County Commissioners May 2, 2016 Public Hearing Marijuana Land Use Regulations & Ordinance 2015-009 HEARING PROCEDURES ■ The Board of County Commissioner's decision on this proposal will be based upon the record, the staff report, and the testimony and evidence presented at this hearing.:r,:;'`' II The hearing will be conducted in the following order. :Staff will provide a brief report. 2 Public will be provided opportunity to testify and present evidence. 3.Staff will be afforded an opportunity to make any .closing -comments as needed. 5/3/2016 1 BACKGROUND 2015 August BOCC hearings to gain public input on new marijuana laws and regulations September BOCC work sessions to develop first draft of marijuana business regulations for Planning Commission consideration and public hearings Planning Commission work sessions, hearings, deliberations, recommendation BOCC public hearings BOCC adopted "Opt -Out" Ordinance 2015-009 to: Take more time to assess "right to farm" impacts and to consider reasonable regulations (clarified by SB 1598 in 2016 Legislative Session); and Form a Marijuana Advisory Committee (MAC) Oct. -Nov. Dec..2 Dec. 21 BACKGROUND Ordinance 2015-009 Prohibited or "Opted Out" of marijuana related land uses in unincorporated Deschutes County including: Medical Marijuana # Processing -Products, concentrates, or extracts aDispensaries -.'Selling to, a card holder or caregiver Recreational Marijuana, a Production - Growing B Processing - Products, concentrates, or extracts al Retail - Selling to a consumer 6 Wholesaling -`Selling to person not consumer 5/3/2016 2 5/3/2016 USE CATEGORIES M ED I,CAL ■ DISPENSARY ■ PRODUCTION* ■ PROCESSING *Not legal to opt out; RECREATIONAL WHOLESALE RETAIL PRODUCTION ■ PROCESSING AMENDMENTS UNDER CONSIDERATION .Specific Use Standards Marihuana Related Definitions Repeal Of Medical Marijuana Dispensary Regulations Zoning And Sta°ndards For.LandsSubject To Title 19 (Bend.) Title 20'(Redmond)." 3 5/3/2016 RECORD INCLUDES Planning Commission Recommendations Public and Agency Commen s PUBLIC HEARING NEXT STEPS Date and TimeCertain; or tint!! Board Decision 4 5/3/2016 BOARD MEETINGS May 2 2016 10:00 am 12:00. pm & 1 00-3OOpm Public Hearing to consider the status of Opt Out, and medical and recreational marijuana regulations. ®:May 4;, 2016 10 OO am -11-Deliberations-(decisions) on status of...Opt Out, and. medical and' recreational marijuana: regulations.. _ PUBLIC TESTIMONY GUIDELINES Clear:ly state whatis bung addressed recreation :marijuana & specifi_c uses production; :processing) medical. and/or_: (retail, wholesale; Comments; related to quality of life Issues should be specific about what -needs to be addressed and state what the specific - standard shou!d be to preserve livability.. ®.; The scope of the_ public hearing will not address_Ballot... Measure 91. 5 Multiple Use Agricultural (MUA-10) Zone I Parcel Size 0-5 Acres 5-10 Acres 10-20 Acres 20-40 Acres 40+ Acres # Parcels 4,803 1,297 249 30 7 Exclusive Farm Use (EFU) Zone Parcel Size # Parcels 0-5 Acres 4,428 5-10 Acres 980 10-20 Acres 1,084 20-40 Acres 956 40+ Acres 966 i (Note: Parcels Tess than 5 acres in the EFU zone include many lots located in destinations resorts including Eagle Crest and Pronghorn) Date: 12/1/15 EjTypical 5 Acre Parcel 1100ftbuffer 25' Setback Typical 5 Acre Parcel 25' Setback ! 1;00' Setback ! - o — . — — - — .. 2r Area Available For Development 25' Setback: 3.92 Acres 100' Setback: 1.38 Acres 200' Setback: 0.00 Acres 0 25 50 850 liames tolgolp,matia TM. .11 400.81•104. MM. 04111....104 WON . meow Typical 10 Acre Parcel P. 25' Setback 100' Setback 200' Setback 1 1 1 1 1 1 1 1 1 1 I 1 1 t 1 1 1 t 1 / 1 1 1 1 1 1 • EDTypical 10 Acre Parcel 1 200' Setback _ : 100' Setback 25' Setback Area Available For Development 25' Setback: 8.54 Acres 100' Setback: 4.88 Acres 200' Setback: 1.60 Acres o 25 50 100 ,__„__may .Feet 11 Typical 20 Acre Parcel 1 200' Setback t 100' Setback E 25' Setback Typical 20 Acre Parcel 25' Setback 100' Setback 200' Setback Area Available For Development 25' Setback: 17.80 Acres 100' Setback: 11.89 Acres 200' Setback: 5.60 Acres o 25 50 100 150 200 Irkimm. reel opo U L) Typical 40 Acre Parcel 25' Setback 100' Setback 200' Setback r t Typical 40 Acre Parcel 1 200' Setback r 100' Setback 25' Setback Area Available For Development 25' Setback: 37.05 Acres 100' Setback: 28.86 Acres 200' Setback: 19.60 Acres o 25 5o 100 160 Zb yy - feet —71 North Deschutes County Marijuana Production - EFU Planning Commission Deliberation 20 Acre Analysis Child Care Center School School / Child Care Center Beer • 1.000' A/ Slate Highway Urban Growth Boundary Bend Urban Reserve Area Unincorporated Community Zoning • Exclusive Farm Use < 20Acres Exclusive Farm Use >= 20 Acres ® Rural Industrial South Deschutes_County Marijuana Production - EFU Planning Commission Deliberation 20 Acre Ana!yids Child Care Center School School 1 Child Care Center Buffer - 1,000' rh.,/ State Highway Urban Growth Boundary Unincorporated Community Zoning - Exclusive Fann Use 20 Acres Exclusive Farm Use s= 20 Acres Nil Rural industrial 7 r --r— — 17 -4, c , c c 0 U «, N U $� t • 2 • pa o a E C to d cos W School / Child Care Center Buffer -1.000' /\/ State Highway Unincorporated Community Zoning Exclusive Farm Use < 20 Acres Exclusive Farm Use 5= 20 Acres ® Rural lndustnal i1 L kJJ North Deschutes County Marijuana Production - MUAIO Planning Commission Deliberation 20 Acre Analysis quid Care Center School - School fChild Care Center Buffer • 1.000' "yaw* Highway Urban GrovAll Boundary •••‘ 3.-WrA Bend Urban Reserve Area Unincorporated Community Zoning 1'42 MUA10 < 20 Acres 11111 SAJA10 sr= 20 Acres - Rural industnat 1+7 ELJT. FELT' Community Development Department Planning, Building Safety, Environmental Soils, Code Enforcement PO Box 6005, Bend, Oregon 97708-6005 117 NW Lafayette Avenue www.deschutes.org/cd STAFF REPORT TO: Board of County Commissioners FROM: Nick Lelack, Director Matthew Martin, Associate Planner DATE: April 20, 2016 SUBJECT: Marijuana Advisory Committee Final Report I. SUMMARY On February 3, 2016, the Board of County Commissioners (Board) appointed the 13 -member Marijuana Advisory Committee (MAC). The MAC was charged with developing and recommending reasonable time, place, and manner land use regulations to mitigate the impacts of medical and recreational marijuana uses — especially production. The MAC met for seven meetings between February 10 and April 7, 2016, for a total of 26 hours. The MAC worked under a consensus process rather than a direct up or down vote. Where full consensus was not reached on a particular issue, the parties were afforded the opportunity to submit a position report on the various points of view. Please note the write-ups were not approved by the full committee. The culmination of work of the MAC is presented in the attached report. II. MAC FINAL REPORT/REFERENCE MATRICES OVERVIEW The MAC report begins with a detailed overview of the committee and decision making process. The report goes on to identify the various regulatory standards that were evaluated and the resulting consensus/non-consensus conclusions and recommendations. For references, attached are matrices that include the following information: Zoning Matrix - Marijuana Retail and Wholesale • Zones • Original Proposal • Planning Commission Recommendation • MAC Recommendations (Zoning matrices for production and processing are not included because the MAC did not address zoning for these uses. Instead, the Board directed the MAC to focus only on production and processing regulations applicable to the Exclusive Farm Use zone.) Specific Use Standards Matrix • Specific Use Standard • MAC Recommendations • Original Proposal • Planning Commission Recommendation • Clackamas County Adopted Standards • Jackson County Planning Commission Recommendation • Oregon Liquor Control Commission Rules (recreational marijuana) • Oregon Health Authority Rules (medical marijuana) Note that while Lane and Jackson County's adopted provisions are not included in the matrices, they were distributed to and considered by the MAC. Staff will provide these ordinances to the Board in a binder with all of the above information above at its April 27 work session. The MAC has completed review of marijuana retail and wholesale, both specific use standards and zones. The MAC also reviewed many specific use standards for marijuana production and processing in the Exclusive Farm Use (EFU) zones but, due to time constraints, was unable to discuss all the standards under consideration. 111. NEXT STEPS With the completion of the MAC meetings and report, the following next steps are scheduled: • 4/27/16 Board Work Session - Staff will present the MAC report to the Board, providing an overview of the recommendations and issues discussed. • 5/2/16 Board Public Hearing - The Board will hold a public hearing at 10:00 am to 12:00 pm and 1:00 pm to 3:00 pm to receive testimony regarding: 1. Status of "Opt Out" moratorium prohibiting medical marijuana processing and dispensaries and recreational marijuana production, processing, wholesale, and retail; and 2. Amendments to Deschutes County Code to define, permit, and establish standards for marijuana related uses in unincorporated Deschutes County. The amendments would identify the zones where the various uses may be permitted (outright or conditional use) and prohibited, and time, place, and manner regulations for each allowed use. • 5/4/16 Board Deliberations — The Board will deliberate and decide on the various issues. The Board's options include, but are not limited to: Continue the Opt Out 1. Continue opt out moratorium as adopted and refer to voters in November. 2. Decide whether to regulate existing medical mariivana production/grow sites. If yes, then 2 a. Proceed to deliberations; or b. Conduct public hearing with the Board; or c. Send it back to the Planning Commission to conduct work sessions or public hearings prior to a Board hearing; or d. Establish a process to complete and adopt recreational marijuana regulations if voters rescind the opt -out ordinance at the November 2016 General Election; or 1 e. Take no further action; or f. Other. Opt In 1. Rescind the Opt Out ordinance for one, some, or all of the six (6) marijuana related uses. If the Board selects this option, staff recommends commissioners adopt reasonable regulations prior to rescinding the opt out ordinance. The Board will need to decide whether to adopt the reasonable regulations by emergency (take effect immediately or, for example, in 30 days) or standard procedure (effect in 90 days). 2. Initiate review/adoption process to regulate medical and recreational marijuana uses. The process may consist of: a. Proceed to deliberations; or b. Conduct public hearing with the Board; or c. Send it back to the Planning Commission to conduct work session or public hearings prior to a Board hearing; or d. Take no further action; or e. Other. Attachments: MAC Final Report Marijuana Retail/Wholesale Zoning Matrix Marijuana Retail Specific Use Standards Matrix Marijuana Wholesale Specific Use Standards Matrix Marijuana Production Specific Use Standards Matrix Marijuana Processing Specific Use Standards Matrix 1 The Board has approximately 30 days to enact reasonable regulations after the election. 3 <: trot fr.,? f,tic I.,- -IID) v'G JJV�VJ^'v✓" Community Development Department Planning, Building Safety, Environmental Soils, Code Enforcement PO Box 6005, Bend, Oregon 97708-6005 117 NW Lafayette Avenue www.deschutes.org/cd To: Deschutes County Board of Commissioners Alan Unger, Chair Tammy Baney, Co -Chair Anthony DeBone, Commissioner at Large From: Marijuana Advisory Committee Members Andrew Anderson Matt Cyrus Sam Davis Tim Elliott Larry Fulkerson Date: April 20, 2016 Alison Hohengarten Jeff Ingelse Glenn Kotara Liz Lotochinski Hunter Neubauer Re: MAC Recommendations for Your Consideration Lindsey Pate Josh Rodriguez Steve Swisher The thirteen members of the Deschutes County Marijuana Advisory Committee (MAC) are pleased to provide to you the attached recommended regulations for recreational and medical marijuana -related uses in unincorporated Deschutes County for your consideration. You charged the MAC with developing and recommending reasonable time, place, and manner land use regulations to mitigate the impacts of medical and recreational marijuana -related uses. Regulations could address sight, sound, smell, size/scale, location, security, and other impacts associated with marijuana land uses. The regulations would be necessary if either the Board or County voters decide to rescind, in whole or in part, the opt -out ordinance prohibiting all recreational marijuana -related uses and medical marijuana dispensaries and processing. We met for five weekly meetings in February and March, then after a short break, we met for two additional weekly meetings in March and April. The first two meetings were three hours long, and the last five were four hours, for a total of 26 hours. The members of the MAC reviewed approaches by other counties in the state and studied and discussed the issues. We also considered public input that was provided during a brief public comments section at each meeting and had the opportunity to read many messages submitted by the concerned public. The MAC sought consensus on all of our agreements and we were able to reach consensus on 14 of the 26 subjects we addressed. In three of the subjects (Retail: Separation, Retail: Minors, and Deschutes County Marijuana Advisory Committee Report Page 1 Production and Processing in EFU: Separation), you will see both consensus and non -consensus items, mostly because we tried several approaches before being able to reach consensus. Where we were unable to reach consensus, we had the opportunity to write a brief synopsis of our points of view, or position statements, for each proposal, and then indicate which of those we agree with. These position statements, and the names of those who agree with them, are included below and comprise most of the report. Please note that the full MAC did not consider or agree to the various position statements expressed in the report. In addition, some MAC members would like you to know that their support for a position does not necessarily indicate support for the entire content of a submitted position statement. You will also see reference below to red, yellow, and green cards. When we tested for consensus, a green card meant, "I support the proposal," yellow meant, "I can live with it," and red meant, "I cannot live with the proposal." One red card blocked consensus. We were not able to address all the important issues that would help you make the difficult decisions on regulating marijuana. Following is a partial list of those issues we felt were important and we did not discuss: • Access (additional issues beyond what we discussed) • Abandonment bonding • Business licenses and a lottery to award them • Fire protection • Greenhouses, hoop houses, and other ancillary buildings in the Landscape Management Combining Zones • Hoop house regulation • Inspections (production and processing) • Minors (production and processing) • Setbacks (additional issues) • Temporary residences • Zones beyond EFU for production and processing (where it would be allowed and what standards would be applied) • Application of these additional standards to legally -established medical grows Thank you for the opportunity to serve and help you make these important decisions. Deschutes County Marijuana Advisory Committee Report Page 2 Recommendations: Table of Contents Recommendations: Wholesale Marijuana 4 Consensus Items: Wholesale 4 Wholesale: Office Only 4 Wholesale: Zones 4 Non -Consensus Items: Wholesale 4 Wholesale: Home Occupation 4 Wholesale: Inspections 5 Recommendations: Retail Marijuana 6 Consensus Items: Retail 6 Retail: Home Occupation 6 Retail: Waste 6 Retail: Separation 6 Retail: Window Service 6 Retail: Minors 6 Retail: Co -Location 6 Retail: Zones 6 Non -Consensus Items: Retail 6 Retail: Separation 6 Retail: Hours of Operation 11 Retail: Minors 14 Retail: Odor 14 Retail: Grandfathering 15 Retail: Patio Space 17 Recommendations: Processing and Production of Marijuana (EFU only) 19 Consensus Items: Processing and Production, EFU 19 Production and Processing in EFU: Home Occupation 19 Production and Processing in EFU: Odor 19 Production and Processing in EFU: Noise 19 Production and Processing in EFU: Lighting 19 Production and Processing in EFU: Separation 19 Non -Consensus Items: Processing and Production. EFU 20 Production and Processing in EFU: Production Outside 20 Production and Processing in EFU: Access 23 Production and Processing in EFU: Lot Size (production) 24 Production and Processing in EFU: Number of Licenses 33 Production and Processing in EFU: Setbacks and Minimum Lot Size for Processing Extracts 36 Production and Processing in EFU: Setbacks (not including processing extracts) 42 Production and Production in EFU: Separation 50 Deschutes County Marijuana Advisory Committee Report Page 3 Recommendations: Wholesale Marijuana CONSENSUS ITEMS: WHOLESALE Wholesale: Office Only 1. Wholesale operations are office only with no on-site storage of marijuana items or products. Wholesale: Zones 2. Wholesale operations with no storage are permitted in the following commercial zones: 18.65.020, 18.65.021, 18.66.040, 18.66.050, 18.67.040, 18.74.027, 18.108.050, 18.108.110, and not allow them in 18.67.060, 18.74.020, 18.74.025, 18.100, and 18.108.055. NON -CONSENSUS ITEMS: WHOLESALE Wholesale: Home Occupation 3. Allow wholesale operations as a home occupation. Position in favor: • Once we decided no product storage is allowed at all for wholesalers, the prohibition of what boils down to a broker who uses their phone to arrange contracts seemed too restrictive. We went back to this issue because it is viewed differently once storage was taken off the table. We understand that the planning commission also decided on prohibition of home office use PRIOR to the discussion of storage and its related concerns. • We see little harm in allowing one to use their home as an office for this purpose as OLCC regulations will also control under the license they are required to obtain. • There is a small likelihood of extra package delivery traffic, customer traffic, etc., because no product will be stored there. • There is a small likelihood of extra package delivery, given Amazon's prime service that delivers to homes as late as 10 pm now anyway. • Cost prohibitive to rent office space for a business that needs very little space (perhaps just a smart phone). • Hard to reverse in future if outright prohibited now. • Industry committee members predict a small number of applicants interested in this license, as it is more likely for producers to deal directly with processors or dispensaries. Supporters: Andy Anderson, Matt Cyrus, Alison Hohengarten, Jeff Ingelse, Glenn Kotara, Hunter Neubauer, Lindsey Pate, and Josh Rodriguez Position against: • MAC committee prohibited storage of marijuana at wholesale locations. • Despite the ban of marijuana co -located with a wholesale site, having that business located in a home would remove the facility from a commercial or industrial location (higher traffic areas compared with rural residential or EFU parcels) and make it more difficult to determine code violations. • Prohibiting home occupation wholesale greatly reduces the potential of violations regarding product storage at a home residence. • Potential non -permitted storage of marijuana at a home location would increase delivery vehicle traffic around residential areas. • Potential of crime (robberies, burglaries and theft) to obtain the valuable, cash -based product would occur in unincorporated residential areas of Deschutes County that do not have local police protection. • Protecting public safety, quality of life, and property values is of utmost importance in residential areas. • Establishing an office space in a designated zone to facilitate a wholesale operation becomes a cost of doing business. Deschutes County Marijuana Advisory Committee Report Page 4 Supporters: Sam Davis, Tim Elliott, Larry Fulkerson, and Liz Lotochinski Wholesale: Inspections 4. Require random, annual, unannounced inspections by County Code Enforcement. Position in favor: • MAC committee prohibited storage of marijuana at wholesale locations. • Since Deschutes County code is enforced on a complaint -driven basis, wholesale office business owners may find the convenience of on-site storage of marijuana greater than risk of code violation. • Random, annual, unannounced inspections would thwart such violations. • Suggest initial unannounced inspection occur within six months of license approval, with the potential for annual random unannounced inspections. • Since the public would not typically enter these wholesale marijuana businesses, the opportunity for a complaint of code violation is minimal and therefore the County must take responsibility to protect public safety, quality of life, and property values. Supporters: Sam Davis and Liz Lotochinski Position against: • Redundancy because OLCC already requires and performs inspections. ■ Cost prohibitive for county. • Potential Jurisdictional problems. • Expertise problems with county official inspecting for unknown reasons. ■ Without anything allowed to be stored on site, not sure what inspector would be inspecting from a compliance standpoint. • Again, number of licenses in this category likely to be low, so very inefficient use of county time considering what "might" be gained or discovered as a result of said inspections. Supporters: Andy Anderson, Matt Cyrus, Alison Hohengarten, Jeff Ingelse, Glenn Kotara, Hunter Neubauer, Lindsey Pate, and Josh Rodriguez Deschutes County Marijuana Advisory Committee Report Page 5 Recommendations: Retail Marijuana CONSENSUS ITEMS: RETAIL Retail: Home Occupation 5. Marijuana retail is prohibited as a home occupation. Retail: Waste 6. Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the licensee. Retail: Separation 7. Separation: • Require a separation of 1,000 feet from public and private elementary and secondary schools, licensed child care centers (excluding in-home child care), licensed pre-schools, national monuments and state parks, and all approved/licensed youth activity centers; and require a separation of 1,000 feet between all retail outlets (medical and recreational). • A change in use (e.g., a new school) shall not cause a violation of this standard. • Separation is to be measured from the lot line of the school. Retail: Window Service 8. No window service at retail outlets. Retail: Minors 9. Minors: A minimum age to enter the retail establishment of 18 years for medical marijuana and 21 years for recreational marijuana. Retail: Co -Location 10. Retail outlets shall not be co -located on the same lot of record or within the same building with any marijuana social club or marijuana smoking club. Retail: Zones 11. Retail is allowed as a conditional use in 18.65.020, 18.65.021, 18.66.040, 18.66.050, 18.67.040, 18.67.060, 18.74.020, 18.74.025, 18.74.027, 18.100, 18.108.050, 18.108.055, and 18.108.110. NON -CONSENSUS ITEMS: RETAIL Retail: Separation 12. Add churches to the list of locations that must be 1,000 feet from a marijuana retail or dispensary operation. Position in favor: Because the goals of the restrictions are to minimize youth access, keep children safe, and reduce youth's perceived marijuana consumption as normal behavior, and because churches frequently have children's events (see below) where the County's rural youth could be exposed, churches should have the same 1,000 foot separation distance from marijuana retail locations as schools, parks, and playgrounds. Impacted Churches Three Rivers (Sun River) Church Children's activities Community Bible Church (#1 Theater Sun River, OR 97707) • Wednesday evenings, 6-8 pm: Youth groups, kids club • Sunday: children most of the day, services and Sunday school • Monday and Friday, 1 pm -4 pm: children's activities • Monday -Friday 8 am -4 pm: preschool Deschutes County Marijuana Advisory Committee Report Page 6 Tumalo Church Children's activities Tumalo Community Church (64671 Bruce Ave, Bend, OR 97703) • Sunday school and services Sunday • Intermittent children's activities during the week Terrebonne Churches Children's activities Cascade Missionary Baptist Church (8515 7th St) • Sunday school and services Sunday • Assort evening activities during the week Dayspring Christian Church (7801 NW 7th St) • Sunday school and services Sunday • Monday 6 pm -8 pm: junior high and high school youth programs • Wednesday 6 pm -8 pm: Children's activities • Intermittent children's activities through the week Smith Rock Community Church (8344 11th St) • Children's program from mid-September to mid-March which meets on Wednesday evenings from 6:00-7:30 pm. Park in rear of church. • Sunday school and services Sunday Terrebonne Assembly of God (379 NW Smith Rock Way) • Sunday school and services Sunday • Wednesday 6:30-8 pm: Fuel Up Kids Ministry, Front Line Youth • Assort evening activities during the week Supporters: Sam Davis, Tim Elliott, and Liz Lotochinski Position against: We should not add "other youth oriented centers and churches (i.e., Tumalo Community Church and community Fellowship Hall)" to the Planning Commission recommended list of schools, etc., requiring a 1,000 foot setback. This is a very slippery slope and it is unreasonable to restrict retail in a way that is not well defined, that may include all kinds of different religions or youth focused activities without a direct link to "protect" them from a retail facility. Supporters: Andy Anderson, Matt Cyrus, Alison Hohengarten, Jeff Ingelse, Hunter Neubauer, Lindsey Pate, and Josh Rodriguez Addition to the position against: This requirement is not supported in statute and violates the "reasonable regulation" test. Supporters: Andy Anderson, Matt Cyrus, Hunter Neubauer, and Lindsey Pate 13. Defer to current state regulations for how separation [between uses] is measured, acknowledging that they may change; if the state makes those regulations less strict, the County will keep their stricter regulations. If the state makes their regulations stricter, the County would have to conform to the stricter standard. Position in favor: None submitted. Deschutes County Marijuana Advisory Committee Report Page 7 Supporters: Position against: None submitted. Supporters: Liz Lotochinski 14. Use the Clackamas County measurement method, from the lot line of a school, etc., to the closest point of the space occupied by a marijuana retailer. Position in favor: School sites contain not only school buildings but are usually surrounded by playgrounds and play equipment, parking lots, athletic fields, and other places students often gather outside of the building on school grounds. Students often enter the school grounds from multiple access points in different locations on the property boundary by walking or driving in the case of high school students. Therefore, it is important to measure the distance from the school's lot line — not the building itself — to the closest point of a marijuana retailer to provide a reasonable distance from points where students may gather on a school property. With the inclusion of preschools, licensed daycare facilities, and youth activity centers for students outside of school hours along with schools, the setback from the property line should apply to those facilities also. Supporters: Andy Anderson, Matt Cyrus, Alison Hohengarten, Hunter Neubauer, Lindsey Pate, Josh Rodriguez, and Steve Swisher Addition to the position in favor: This is in keeping with the current statutory form of measurement. ORS 4758.345 uses premises to premises when measuring distances between retail sites. Some parcels are fairly large and a property line to property line measurement could unfairly prohibit some properties even though the actual premises exceed the 1,000 foot setback. Supporters: Andy Anderson, Matt Cyrus, Hunter Neubauer, and Lindsey Pate Position against: Clackamas County Distance Calculation: "The distance shall be measured from the lot line of the affected property (e.g., a school) to the closest point of the building space occupied by the marijuana retailer. For retail to retail separation distance shall be measured from the closest point of the building space occupied by one marijuana retailer to the closest point of the building space occupied by the other marijuana retailer." • MAC discussion ensued regarding how to measure distance with these variables: o "Premises" (i.e., building perimeter) to premises o Lot line to lot line o Premises to lot line • The current Deschutes County separation distance is 1,000 feet. Clackamas separation distances are 2,000 feet from elementary or secondary schools, including property and parking lots, 1,500 feet from public parks, playgrounds, libraries; government-owned recreational use, licensed treatment center, light rail transit station or multifamily dwelling owned by a public housing authority. • if the marijuana industry is willing to accept the Clackamas distances, which are 1.5 to 2 times greater than the current Deschutes County proposal, then we will accept the Clackamas County separation distance calculation technique (lot line to building perimeter). Otherwise, because the Deschutes County Marijuana Advisory Committee Report Page 8 Deschutes County separation distance proposal is so much less than the Clackamas distances, to protect our children, we believe that lot line to lot line is the correct distance measurement for Deschutes County. • The MAC and Board of County Commissioners' responsibility is to develop a reasonable compromise between protecting public safety, quality of life, and property values in our rural areas and the interests of the marijuana industry. ■ Marijuana dispensaries and retail stores are bulk purchase stores just like OLCC liquor stores. There are 10 OLCC bulk liquor stores in Deschutes County (Bend South, Bend East, Bend North, Bend West, Redmond North, Redmond South, La Pine, Sunriver North, Sunriver South and Sisters) in comparison to current 20+ Deschutes County dispensaries that will soon sell both medical and recreational marijuana. • The Deschutes County can develop restrictions that are more stringent than state code but cannot be more lenient. • The City of Bend has set the precedent of using lot line to lot line as the distance calculation. It is a clear way to measure the distance and is not a function of the premises definition, which could change depending on how the retail facility might want to use the land outside of the original premises definition. For example, many typical businesses have temporary vehicles for storage or unloading in areas surrounding their retail shops. If needed, this gives the retail facilities the ability to expand beyond the original premises definition without conflict. Supporters: Sam Davis and Liz Lotochinski 15. Measure separation from property line to property line to avoid encroachment where children are located. Position in favor: ■ Protecting public safety, quality of life, and property values is of utmost importance in rural Deschutes County. • MAC committee discussed various methods to measure distance separation between a "protected" space (i.e., school, playground, child care facilities, parks, public gathering venues, churches, etc.) and a marijuana retail business. • Some MAC members were in favor of measuring protected space to marijuana retail business from property line to property line for the following reasons: o Provides utmost protection of children and avoids encroachment of where children are located and/or frequent. o Ensures rural service centers remain safe places for youth and adults alike. o Recognizes the high-value nature of marijuana and associated retail businesses operating on a cash basis, which may entice a criminal element. o Avoids clustering of marijuana retail businesses in a finite locale such as the rural service centers. o Recognizes a building may be removed and replaced with another facility elsewhere on the site locating new structure closer than the measured distance. o Recognizes Deschutes County has no method to locate and measure from a building's perimeter. Supporters: Sam Davis, Larry Fulkerson, and Liz Lotochinski Position against: The distance should be measured from the lot line of the affected property (e.g., a school) to the closest point of the building space occupied by the marijuana retailer. For retail to retail, separation distance Deschutes County Marijuana Advisory Committee Report Page 9 shall be measured from the closest point of the building space occupied by one marijuana retailer to the closest point of the building space occupied by the other marijuana retailer. This wordage of the parameters strikes a fair balance between reasonable regulations for the business owners, but also takes into consideration the areas in which children will be present. For example, if a retail store is located on a large parcel or flag lot, the cannabis premises may be over 1,000 feet from a school; however, its lot line is within 1,000 feet. Supporters: Andy Anderson, Matt Cyrus, Alison Hohengarten, Jeff Ingelse, Glenn Kotara, Hunter Neubauer, Lindsey Pate, and Josh Rodriguez Addition to the position against: This measurement would result in an unfair prohibition of a number of larger parcels that could easily meet the 1,000 foot premises setback, but because of their size have a portion of the property within the 1,000 foot radius. This type of measurement is not supported by statute and would constitute an unreasonable restriction. Supporters: Andy Anderson, Matt Cyrus, Hunter Neubauer, and Lindsey Pate 16. Measure separation in the way that the state regulations or law prescribes, even as it changes. Position in favor: None submitted. Supporters: Matt Cyrus and Josh Rodriguez Position against: None submitted. Supporters: 17. Allow no retail marijuana facilities be allowed near public playgrounds, meeting places available for rent such as The Grange, and Deschutes public libraries. Position in favor: • Protecting public safety, quality of life, and property values is of utmost importance in rural Deschutes County. • MAC committee discussed variety of "protected locations" in addition to those proposed by the Planning Commission (public/private elementary and secondary schools, licensed child care centers, licensed preschools, parks, approved/licensed youth activity centers such as the Boys & Girls Clubs). • MAC members suggested the addition of the following: public playgrounds, meeting places available for rent such as The Grange, Deschutes public libraries, and other locations which offer children/youth programs such as Kids Clubs. • MAC members suggested these additional protected locations have a minimum distance separation of 1,000 feet from lot line of protected location lot line to lot line of marijuana business. Supporters: Sam Davis, Tim Elliott, Larry Fulkerson, and Liz Lotochinski Position against: This letter is in opposition of a proposal regarding retail cannabis dispensaries that states "no retail marijuana facilities be allowed near public playgrounds, meeting places available for rent such as The Grange, and Deschutes public libraries." I am opposed to this for the following reasons: • "Public Playgrounds" is an overly general term that leaves far too much to interpretation. • This proposal is an attempt to achieve a de facto ban for certain areas of rural Deschutes County. • The proposal lines out buildings that all types of people may use or rent, not just children. Deschutes County Marijuana Advisory Committee Report Page 10 • The State setback to schools already protects children. • This would be in my opinion "over regulation" or an "unreasonable regulation" and overly constrictive to the cannabis business community. • Over -regulation of cannabis businesses is not the intent of the State nor should it be the intent of the County. • "Meeting places for rent" is far too loose of a term. • As a principal feeling, I do not feel we should allow people that may use a building for a short term rental of varying uses including non-specific "social events" to have any effect on permanent local businesses. We do not apply this to bars and restaurants that serve alcohol, so why would we limit legal cannabis like this? Supporters: Andy Anderson, Matt Cyrus, Alison Hohengarten, Jeff Ingelse, Hunter Neubauer, Lindsey Pate, and Josh Rodriguez Addition to the position against: This proposal is not supported in statute and would only serve to create a de facto prohibition on another group of properties in violation of the "reasonable restriction" rule. Supporters: Andy Anderson, Matt Cyrus, Hunter Neubauer, and Lindsey Pate Retail: Hours of Operation 18. 7:00 a.m. until 10:00 p.m. Position in favor: This serves to advocate for all medical and recreational cannabis dispensaries in unincorporated Deschutes County to be able to operate from 7 am to 10 pm. Below are the bullet points of why this is the right decision for everyone involved. • Bend operating hours are 7 am to 10 pm. • Restricting hours in rural areas of Deschutes County would force patients and patrons to drive up to an hour each way to get their medicine before 10 am or after 7 pm. • Encouraging more trips from rural Deschutes County to Bend during early morning and evening hours is a public safety concern in any other than normal driving conditions, especially winter driving conditions. Restricting this one type of legal business would be unfair unless you restrict all other "like" types of businesses to include pharmacies, bars, breweries, and liquor stores. Supporters: Andy Anderson, Matt Cyrus, Alison Hohengarten, Hunter Neubauer, Lindsey Pate, and Josh Rodriguez Addition to the position in favor: Business hours should be a business decision based on the needs and wants of the business and their customers. It is unlikely that any of the businesses will remain open for the full 7:00 am until 10:00 pm, but they should be able to determine what hours are best for them, whether it be from 4:00 pm until 10:00 pm or 7:00 am until 2:00 pm. They could also change seasonally based on customer needs and patterns. Supporters: Andy Anderson, Matt Cyrus, Hunter Neubauer, and Lindsey Pate Position against: • Protecting public safety, quality of life, and property values is of utmost importance in rural Deschutes County. Deschutes County Marijuana Advisory Committee Report Page 11 • MAC committee discussed various operating hours of retail marijuana businesses in rural service centers in Deschutes County. • The County's planning commission recommended 10:00 a.m. to 7:00 p.m. • A proposal for 7:00 a.m. until 10:00 p.m. was suggested. • Because retail stores carry high-value product, and • Because retail stores are cash -based businesses having over $20,000 cash on hand, and • Because rural service centers have no local police protection, and • Because rural service centers are the community space where residents — including youth —frequent for goods, services and social settings, and • Because there is limited space in these rural service centers, therefore • Hours as proposed are far too expansive. o A proponent of 7:00 a.m. until 10:00 p.m. hours suggested reduced hours would require consumers to drive long distances to reach an open retail store between 7:00 a.m. and 10:00 a.m., and between 7:00 p.m. and 10:00 p.m. The BOCC should consider that rural service center residents understand their remoteness and plan accordingly to shop at locations of their choice during posted open hours. • As a unique industry with inherent risks, retail marijuana business operating hours in Deschutes County's rural service centers should be 10:00 a.m. to 7:00 p.m. Supporters: Sam Davis and Liz Lotochinski 19. 10:00 a.m. until 5:00 p.m. Position in favor: None submitted. Supporters: Liz Lotochinski Position against: None submitted. Supporters: Josh Rodriguez 20. March 1 through October 31, 7 a.m. to 10 p.m. and November 1 to the end of February, 9 a.m. to 7 p.m. Position in favor: None submitted. Supporters: Position against: None submitted. Supporters: Liz Lotochinski 21. 10:00 a.m. until 7:00 p.m. Position in favor: None submitted. Supporters: Liz Lotochinski Position against: None submitted. Supporters: Josh Rodriguez 22. 9:00 a.m. until 9:00 p.m. Position in favor: None submitted. Deschutes County Marijuana Advisory Committee Report Page 12 Supporters: Position against: None submitted. Supporters: Liz Lotochinski 23. 10:00 a.m. until 7:00 p.m. everywhere except in the Spring River area due to the level of tourism there, where hours would be 7:00 a.m. until 10:00 p.m. Position in favor: This sets forth the factual bases on which to provide for extended hours of operation of both medical and recreational marijuana dispensaries in the unincorporated community of Sunriver, and specifically the Spring River Rural Commercial Zone which would serve the Sunriver community from 7:00 a.m. to 10:00 p.m. Concern was expressed at the last meeting of the MAC that all dispensaries in Deschutes County should be regulated and restricted to the same hours of operation, which are 10:00 a.m. to 7:00 p.m. It's important to understand this proposition received only one red (opposition) card. The proposition to restrict hours further in Spring River Rural Commercial Zone does not take into account the unique circumstances associated with the Sunriver area that warrant the proposed extended hours. Sunriver is a private residential and resort community located approximately 17 miles south of Bend in Deschutes County. Located at the base of the Cascade Mountains, Sunriver's 3,300 acres wind along the eastern side of the Deschutes River. It has over 40 miles of pathways for pedestrians and bicycle riders, three swimming pools, 26 tennis courts, two parks, and other common areas are private. The community is home to more than 4,000 privately owned residences and has a permanent population of approximately 1,700, though during peak vacation season it may swell to upwards of 20,000. This increase in population makes Sunriver the third most populated city in Central Oregon during the summer. I believe it is important to note because of sheer number of people that restricted hours would be pushing onto the roads in the morning and evening hours. Sunriver consists of residential areas, recreational facilities, a commercial development known as Sunriver Village Mall, and Sunriver Resort. The mall offers a variety of business and services, including restaurants, retail shops, and vacation rental and property management companies. Tourists visit Sunriver year-round for the recreational opportunities offered in this part of Central Oregon. Sunriver is served by a private airport. Marijuana dispensaries are permitted within the City of Bend from 7:00 a.m. to 10:00 p.m. As I mentioned above, Sunriver residents and tourists that desire to take advantage of these extended hours of operation would have to drive to and from Bend. Travel time to the nearest dispensary is approximately 24 minutes each way in normal weather and traffic conditions and requires passage over the Lava Butte Pass at an elevation of 4420 feet. During winter months, road conditions are often significantly worse along this stretch of the highway south of Bend than elsewhere in the County. People living in or visiting Sunriver should not be required to get on the road during early morning or late evening times to travel to Bend for the opportunity to obtain marijuana products before 10:00 a.m. or after 7:00 p.m. This additional traffic on Highway 97 is a significant public safety concern in anything other than normal driving conditions that can be mitigated by permitting dispensaries in Sunriver to operate from 7:00 a.m. to 10:00 p.m. Supporters: Josh Rodriguez Position against (first of two): • No one area, such as Spring River (Sunriver), shall be permitted to have marijuana retail operating hours different than any other area in unincorporated Deschutes County. Deschutes County Marijuana Advisory Committee Report Page 13 • The County's planning commission recommended 10:00 a.m. to 7:00 p.m. A suggestion was made for Spring River/Sunriver marijuana retail store to have hours of operation from 7:00 a.m. to 10:00 p.m. ■ Tourists and residents will know (via web research) or become familiar with the posted operating hours of any type of retail store, marijuana or otherwise, and will plan appropriately. ■ If all marijuana retail stores operate on the same hours, then there would be no reason for Spring River residents or tourists to drive on Hwy 97 (during inclement weather or otherwise) to reach Bend - based retail stores since all hours would be the same. • If a Spring River (Sunriver) marijuana retail store were to have expanded hours as the suggested 7:00 a.m. to 10:00 p.m., then the opposite traffic pattern would occur: residents and tourists of Bend, La Pine and other surrounding areas would travel on the high -traffic corridor of Hwy 97 to reach the one retail store open for business during early morning and late evening hours. • Spring River/Sunriver residents and tourists understand their remoteness and will plan accordingly to shop at locations of their choice during posted open hours. • As a unique industry with inherent risks (high-value product, cash -based business with cash on hand totaling over $20,000), ALL retail marijuana business operating hours in Deschutes County's rural service centers should be 10:00 a.m. to 7:00 p.m. • Keeping all retail store hours the same is the best way to provide some protection for public safety, quality of life, and property values in rural Deschutes County. Supporters: Sam Davis, Tim Elliott, Larry Fulkerson, and Liz Lotochinski Position against (second of two): I do not think treating one geographic area differently based on tourism (or anything else) is fair to locals. I think all retail locations in rural Deschutes County should have the option to be open 7 a.m. to 10 p.m., giving both medical and recreational customers the opportunity to shop before or after work. If a customer has an average 8-5 job, this only gives them 6 hours in a day for shopping. Obviously, shopping is just one small portion of an average person's after-hours life, and they should not be penalized by people who have no negative consequences from the hours of a retail store. Supporters: Andy Anderson and Alison Hohengarten Retail: Minors 24. No minors allowed, unless accompanying a parent or guardian as allowed by state law. Position in favor: None submitted. Supporters: Andy Anderson, Matt Cyrus, Alison Hohengarten, Hunter Neubauer, and Lindsey Pate Position against: None submitted. Supporters: Retail: Odor 25. It shall be unlawful for any person to cause an emission of a detectable odor that unreasonably interferes with the use and enjoyment of neighboring premises, with reasonable being judged as someone with normal sensibilities. Position in favor: This would allow for a business to be a good neighbor without unreasonable restrictions. Given the rural nature of the properties that could be affected, there might not be affected neighbors within one-quarter mile of the premises and expensive odor control equipment may not be necessary. It is reasonable to allow the business to address odor control on a manner that makes sense for that site. Deschutes County Marijuana Advisory Committee Report Page 14 • MAC committee discussed various operating hours of retail marijuana businesses in rural service centers in Deschutes County. • The County's planning commission recommended 10:00 a.m. to 7:00 p.m. • A proposal for 7:00 a.m. until 10:00 p.m. was suggested. ■ Because retail stores carry high-value product, and ■ Because retail stores are cash -based businesses having over $20,000 cash on hand, and • Because rural service centers have no local police protection, and • Because rural service centers are the community space where residents — including youth —frequent for goods, services and social settings, and • Because there is limited space in these rural service centers, therefore ■ Hours as proposed are far too expansive. o A proponent of 7:00 a.m. until 10:00 p.m. hours suggested reduced hours would require consumers to drive long distances to reach an open retail store between 7:00 a.m. and 10:00 a.m., and between 7:00 p.m. and 10:00 p.m. The BOCCshould consider that rural service center residents understand their remoteness and plan accordingly to shop at locations of their choice during posted open hours. • As a unique industry with inherent risks, retail marijuana business operating hours in Deschutes County's rural service centers should be 10:00 a.m. to 7:00 p.m. Supporters: Sam Davis and Liz Lotochinski 19. 10:00 a.m. until 5:00 p.m. Position in favor: None submitted. Supporters: Liz Lotochinski Position against: None submitted. Supporters: Josh Rodriguez 20. March 1 through October 31, 7 a.m. to 10 p.m. and November 1 to the end of February, 9 a.m. to 7 p.m. Position in favor: None submitted. Supporters: Position against: None submitted. Supporters: Liz Lotochinski 21. 10:00 a.m. until 7:00 p.m. Position in favor: None submitted. Supporters: Liz Lotochinski Position against: None submitted. Supporters: Josh Rodriguez 22. 9:00 a.m. until 9:00 p.m. Position in favor: None submitted. Deschutes County Marijuana Advisory Committee Report Page 12 Supporters: Position against: None submitted. Supporters: Liz Lotochinski 23. 10:00 a.m. until 7:00 p.m. everywhere except in the Spring River area due to the level of tourism there, where hours would be 7:00 a.m. until 10:00 p.m. Position in favor: This sets forth the factual bases on which to provide for extended hours of operation of both medical and recreational marijuana dispensaries in the unincorporated community of Sunriver, and specifically the Spring River Rural Commercial Zone which would serve the Sunriver community from 7:00 a.m. to 10:00 p.m. Concern was expressed at the last meeting of the MAC that all dispensaries in Deschutes County should be regulated and restricted to the same hours of operation, which are 10:00 a.m. to 7:00 p.m. It's important to understand this proposition received only one red (opposition) card. The proposition to restrict hours further in Spring River Rural Commercial Zone does not take into account the unique circumstances associated with the Sunriver area that warrant the proposed extended hours. Sunriver is a private residential and resort community located approximately 17 miles south of Bend in Deschutes County. Located at the base of the Cascade Mountains, Sunriver's 3,300 acres wind along the eastern side of the Deschutes River. It has over 40 miles of pathways for pedestrians and bicycle riders, three swimming pools, 26 tennis courts, two parks, and other common areas are private. The community is home to more than 4,000 privately owned residences and has a permanent population of approximately 1,700, though during peak vacation season it may swell to upwards of 20,000. This increase in population makes Sunriver the third most populated city in Central Oregon during the summer. I believe it is important to note because of sheer number of people that restricted hours would be pushing onto the roads in the morning and evening hours. Sunriver consists of residential areas, recreational facilities, a commercial development known as Sunriver Village Mall, and Sunriver Resort. The mall offers a variety of business and services, including restaurants, retail shops, and vacation rental and property management companies. Tourists visit Sunriver year-round for the recreational opportunities offered in this part of Central Oregon. Sunriver is served by a private airport. Marijuana dispensaries are permitted within the City of Bend from 7:00 a.m. to 10:00 p.m. As 1 mentioned above, Sunriver residents and tourists that desire to take advantage of these extended hours of operation would have to drive to and from Bend. Travel time to the nearest dispensary is approximately 24 minutes each way in normal weather and traffic conditions and requires passage over the Lava Butte Pass at an elevation of 4420 feet. During winter months, road conditions are often significantly worse along this stretch of the highway south of Bend than elsewhere in the County. People living in or visiting Sunriver should not be required to get on the road during early morning or late evening times to travel to Bend for the opportunity to obtain marijuana products before 10:00 a.m. or after 7:00 p.m. This additional traffic on Highway 97 is a significant public safety concern in anything other than normal driving conditions that can be mitigated by permitting dispensaries in Sunriver to operate from 7:00 a.m. to 10:00 p.m. Supporters: Josh Rodriguez Position against (first of two): • No one area, such as Spring River (Sunriver), shall be permitted to have marijuana retail operating hours different than any other area in unincorporated Deschutes County. Deschutes County Marijuana Advisory Committee Report Page 13 • The County's planning commission recommended 10:00 a.m. to 7:00 p.m. A suggestion was made for Spring River/Sunriver marijuana retail store to have hours of operation from 7:00 a.m. to 10:00 p.m. • Tourists and residents will know (via web research) or become familiar with the posted operating hours of any type of retail store, marijuana or otherwise, and will plan appropriately. • If all marijuana retail stores operate on the same hours, then there would be no reason for Spring River residents or tourists to drive on Hwy 97 (during inclement weather or otherwise) to reach Bend - based retail stores since all hours would be the same. • If a Spring River (Sunriver) marijuana retail store were to have expanded hours as the suggested 7:00 a.m. to 10:00 p.m., then the opposite traffic pattern would occur: residents and tourists of Bend, La Pine and other surrounding areas would travel on the high -traffic corridor of Hwy 97 to reach the one retail store open for business during early morning and late evening hours. • Spring River/Sunriver residents and tourists understand their remoteness and will plan accordingly to shop at locations of their choice during posted open hours. • As a unique industry with inherent risks (high-value product, cash -based business with cash on hand totaling over $20,000), ALL retail marijuana business operating hours in Deschutes County's rural service centers should be 10:00 a.m. to 7:00 p.m. • Keeping all retail store hours the same is the best way to provide some protection for public safety, quality of life, and property values in rural Deschutes County. Supporters: Sam Davis, Tim Elliott, Larry Fulkerson, and Liz Lotochinski Position against (second of two): I do not think treating one geographic area differently based on tourism (or anything else) is fair to locals. I think all retail locations in rural Deschutes County should have the option to be open 7 a.m. to 10 p.m., giving both medical and recreational customers the opportunity to shop before or after work. If a customer has an average 8-5 job, this only gives them 6 hours in a day for shopping. Obviously, shopping is just one small portion of an average person's after-hours life, and they should not be penalized by people who have no negative consequences from the hours of a retail store. Supporters: Andy Anderson and Alison Hohengarten Retail: Minors 24. No minors allowed, unless accompanying a parent or guardian as allowed by state law. Position in favor: None submitted. Supporters: Andy Anderson, Matt Cyrus, Alison Hohengarten, Hunter Neubauer, and Lindsey Pate Position against: None submitted. Supporters: Retail: Odor 25. It shall be unlawful for any person to cause an emission of a detectable odor that unreasonably interferes with the use and enjoyment of neighboring premises, with reasonable being judged as someone with normal sensibilities. Position in favor: This would allow for a business to be a good neighbor without unreasonable restrictions. Given the rural nature of the properties that could be affected, there might not be affected neighbors within one-quarter mile of the premises and expensive odor control equipment may not be necessary. It is reasonable to allow the business to address odor control on a manner that makes sense for that site. Deschutes County Marijuana Advisory Committee Report Page 14 Supporters: Andy Anderson, Matt Cyrus, Alison Hohengarten, Jeff Ingelse, Hunter Neubauer, and Lindsey Pate Position against: None submitted. Supporters: 26. Adopt the Jackson County odor control regulations, plus the requirement that filters be changed according to manufacturers' minimum standards, and requesting the BOCC to ensure the CFM of the fan is appropriate to the building. Position in favor: • Protecting public safety, quality of life, and property values is of utmost importance in rural Deschutes County. • MAC committee discussed various ways to mitigate retail marijuana business odor. • These odors may be intrusive to neighboring businesses and passersby. • These odors may cause loss of property values, difficulty maintaining tenants in neighboring retail spaces, and/or difficulty renting former marijuana retail spaces to new tenants due to permeation of odor into the interior area. • Jackson County's recommended odor control regulations were sufficient to mitigate odor control with the addition of: o Filters on ventilation system must be replaced according to manufacturers' minimum standards, and o BOCC to ensure the cubic feet of air cleaned per minute (CFM) specifications of the fan be sized according to manufacturers' rating as appropriate for the building size. Supporters: Sam Davis, Tim Elliott, Larry Fulkerson, and Liz Lotochinski Position against: While the regulations regarding odor in Jackson County are a good start, if it is decided that odor should be controlled in a retail store, there are some concerns with the language of the regulations. Specifically, the verbiage "At a minimum, the fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the square footage of the building floor space (i.e., one CFM per square foot of building floor space). The filter(s) shall be rated for the applicable CFM." It is important to consult experts, such as building official Randy Scheid, to determine what is appropriate for a retail business in comparison to a production facility. The above regulations appear to be unreasonable in that it would far exceed what is needed to control retail odor, waste unnecessary energy, and be a burden of entry for a business owner. It would be more appropriate to impose odor regulations on a retail business after a valid complaint has been received. Supporters: Andy Anderson, Matt Cyrus, Alison Hohengarten, Hunter Neubauer, Lindsey Pate, and Josh Rodriguez Retail: Grandfathering 27. Any existing permitted medical marijuana facility in the County would be permitted to expand to recreational marijuana as a permitted use, and be subject to any OLCC or other rules and regulations. Deschutes County Marijuana Advisory Committee Report Page 15 (NOTE: Josh Rodriguez abstained from participating in discussion or determination of consensus on this item because he owns an existing permitted medical marijuana facility in the County and so had a conflict of interest.) Position in favor: A pre-existing medical dispensary that currently serves both medical and adult use customers should not be required to go back through a conditional use process because it is an unnecessary waste of County resources and an unreasonable burden on the business owner. Currently, the County has only a single pre-existing licensed dispensary. It is important to draw from HB 1598 to consider when a proposed regulation is significantly different from pre-existing land use code. If a bar or restaurant had a limited liquor license and was converting to a full liquor license, for instance, the licensing change would not be relevant to land use rules and would not require a conditional use permit. This is very similar to the situation of the single pre-existing dispensary in Deschutes County. Because this business is already serving both medical and adult use customers, there is no change to the facility's core business operation except that the business and its suppliers are about to undergo a more rigorous licensing process than has previously been required by the state. If the County is going to impose a conditional use conversion on a dispensary, it would seem that fairness and precedent would require that the County impose this on all similar types of conversions. It should also be noted that Suzanna Julber from the City of Bend said the City granted existing permitted medical marijuana dispensaries a grandfathered time period of a year to convert to adult use retail. A Bend applicant does not have to go through the conditional use process and is treated like any other use in the retail zone. In summary, it is unnecessary to require a pre-existing medical dispensary approved to sell both medical and recreational cannabis and have them go back through a conditional use process even though the function of the business has not changed. It would be burdensome both the county and the business owner. Supporters: Andy Anderson, Matt Cyrus, Alison Hohengarten, Glenn Kotara, Hunter Neubauer, Lindsey Pate, and Josh Rodriguez Position against: Any existing permitted medical marijuana facility in the County shall adhere to specific use standards and shall secure all required County permits and OLCC, OHA, or other rules and regulations before altering the business model to a recreational marijuana facility. • Protecting public safety, quality of life, and property values is of utmost importance in rural Deschutes County. • Existing permitted medical marijuana facilities in the County were permitted for a specific business type, that being medical. • Since, for example, retail marijuana stores in unincorporated Deschutes County require a conditional use permit, and because a conditional use permit is much more involved compared to a permitted use, all marijuana businesses shall be required secure permits as required when the business undergoes any change in type or classification to ensure compliance with County time/place/manner restrictions that are required to control nuisances. While the type of product being sold may be similar between dispensaries and retail stores, the number, frequency, and type of customers frequenting a retail store will be far different than the medical patients visiting the dispensary. Deschutes County Marijuana Advisory Committee Report Page 16 • Conditional use permits allow for public notice and sometimes public comment. Any change of business type or classification can have significant impact on surrounding businesses and/or property owners or tenants and those entities and/or individuals should be provided an opportunity to understand the impacts and comment as appropriate. • Allowing any marijuana business type to circumvent new County regulations as allowed by state law would create a very dangerous precedent and allow current medical marijuana businesses to be easily modified to recreational entities. • Since medical grow sites have never been licensed under the OHA, grandfathering those locations would effectively allow them to operate unencumbered by County regulations. • It should be noted this issue arose due to one MAC member having a permitted medical dispensary business in Sunriver area, and significant time was spent discussing this one exception as requested by the involved MAC member. While that MAC individual did not engage in discussion nor participate in determining consensus, the intent of the MAC should not be to support self -interests of an individual or a unique business entity. Supporters: Sam Davis, Tim Elliott, Larry Fulkerson, Jeff Ingelse, and Liz Lotochinski Retail: Patio Space 28. No public outdoor patio space for marijuana -only retailers that would be visible from the public view. Position in favor: • Protecting public safety, quality of life, and property values is of utmost importance in rural Deschutes County. • Avoiding normalization of consumption, purchase and/or socialization of marijuana among local youth is a primary concern for Deschutes County. • Outdoor patio space is a natural attraction for individuals to socialize. If outdoor patio space associated with marijuana retail establishments is located in public view, youth and others will witness fraternization of purchasers/consumers of recreational marijuana. • Such outdoor patio spaces would naturally invite consumption of marijuana products, and edibles or topicals would be difficult to detect by law enforcement or others. • Since public consumption of marijuana products is illegal in the state of Oregon, and since all marijuana is illegal on a federal level, no visible outdoor patio space should be permitted to avoid appeal of consumption while in close proximity to the retail establishment. • Indoor seating accommodations can offer a comfortable space for relaxation and socialization. • Outdoor patio space in the rear of the retail marijuana establishment and screened by opaque, 6' tall fences will keep all social activities and possible consumption out of sight for passersby of all ages. This could also be used as a tobacco smoking area. • There were five green or yellow cards and eight red cards to this suggested regulation. Supporters: Sam Davis and Liz Lotochinski Position against: Prohibiting an outdoor patio space is an unnecessary regulation for a lawful business to adhere to, and for an authority to enforce. State laws already prohibit using cannabis in public; an example is the new open container law, HB 4014. If cannabis consumption is prohibited in an outdoor patio space, the proposed regulation has little pragmatic value. A regulation prohibiting outdoor patio space forces people and pets to stay in a car if they to do not intend to enter the retail store. Prohibiting outdoor space seems to go against the culture of the High Desert, and stands in opposition to normalizing cannabis as we have done with breweries and distilleries. Deschutes County Marijuana Advisory Committee Report Page 17 Supporters: Andy Anderson, Matt Cyrus, Alison Hohengarten, Jeff Ingelse, Glenn Kotara, Hunter Neubauer, Lindsey Pate, and Josh Rodriguez Deschutes County Marijuana Advisory Committee Report Page 18 Recommendations: Processing and Production of Marijuana (EFU only) CONSENSUS ITEMS: PROCESSING AND PRODUCTION, EFU Production and Processing in EFU: Home Occupation 29. Production and processing are prohibited as home occupations. Production and Processing in EFU: Odor 30. For odor, the definition of "building" is, "Any building, including greenhouses, hoop houses, and other similar structures, used for marijuana production or marijuana processing." 31. Odor standards for production and process in EFU: • Buildings for production and processing in EFU shall be equipped with an effective odor control system that prevents unreasonable interference of neighbors' use and enjoyment of their property. • An odor control system is permitted if the applicant submits a report by a mechanical engineer licensed in the State of Oregon demonstrating that the system will control odor. • Private citizen complaints about odor are authorized, as judged by persons of ordinary sensibilities. • The system shall consist of one or more fans. • The fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. • The filter(s) shall be rated for the required CFM. • The system shall be maintained in working order and shall be in use. • These standards shall be applied to existing production and processing sites after one year. Production and Processing in EFU: Noise 32. Marijuana processing and production sites in EFU shall comply with the Noise Control Standards of DCC 8.08. This standard applies to existing medical marijuana sites, as well as any prospective sites. Production and Processing in EFU: Lighting 33. Production and processing sites in EFU shall meet the following lighting standards: • Inside building lighting used for marijuana production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. on the following day. • Outdoor marijuana grow lights shall not be illuminated from 7:00 p.m. to 7:00 a.m. the following day. • Light cast by exterior light fixtures other than marijuana grow lights (i.e. security lights) shall not trespass onto adjacent lots. • Lighting fixtures shall be fully shielded in such a manner that all Tight emitted directly by the Tamp or a diffusing element, or indirectly by reflection or refraction, is projected below the horizontal plane through the lowest light -emitting part. • These standards shall be applied to existing production and processing sites after one year. Production and Processing in EFU: Separation 34. For production and processing in EFU, there shall be a separation of 1,000 feet from public and private elementary and secondary schools, licensed child care centers (excluding in-home child care), licensed pre-schools, national monuments and state parks, and all approved/licensed youth activity centers; a change in use (e.g., a new school) shall not cause a violation of this standard; separation is to be measured from the lot line of the school. 35. For production and processing in EFU, the 1,000 -foot separation shall be measured from the lot line of the school to the premises. Deschutes County Marijuana Advisory Committee Report Page 19 36. Existing lawfully -established medical marijuana processing and production sites are exempt from the separation standard; however, if they apply for a new type of license, the separation rules would apply. NON -CONSENSUS ITEMS: PROCESSING AND PRODUCTION, EFU Production and Processing in EFU: Production Outside 37. Prohibit outdoor/no-building cannabis grow sites. Position in favor: ■ Protecting public safety, quality of life, and property values is of utmost importance in rural Deschutes County. • The residents of rural Deschutes County are currently suffering from the reduction in quality of life and reduction in property values due in large part to the consequences of the unregulated "Skunk Like" odor emanating from the over 1800 currently licensed medical marijuana grow sites in Deschutes County. ■ MAC members had consensus on odor control for indoor (in a building) grow sites. Since it is not possible to contain odors from outdoor grows and outdoor grows would likely be larger than indoor grows, it is not possible to control odors from outdoor marijuana grow sites. Therefore no outdoor grow sites shall be allowed. ■ In Deschutes County, we have a unique rural population. Unlike any other County in Oregon, we have approximately one third, or over 55,000 residents, living in rural areas. Many live in small unincorporated communities and many thousand others are spread throughout the rural areas. Unlike any other County, most of our rural residents do not farm. Many of these rural residents live in EFU areas and enjoy all that country living has to offer. The county is unique in that it is an area of many destination resorts, offers a very desirable area to live for retirees, and provides ample opportunities for health and outdoor enthusiasts. Marijuana grow sites are changing this wonderful county in ways that none of us could have imagined even a few years ago. • Only the four MAC members who are currently living near marijuana grow sites showed green cards for the prohibition of outdoor grow sites. • Outdoor grows will also invite theft and encourage the criminal element to prey on our rural areas. Division 25 Section 845-025-1410 states that licensee must provide security systems that include commercial grade, non-residential door locks installed on every external door of licensed premises where marijuana items are present. A valid question would be how an outdoor grow site could be similarly protected even with fences topped with razor or barbed wire. Significant negative impact to public safety should be of utmost concern to the County when considering this issue. ■ Division 25 Section 845-025-2040 (2) (b) states outdoor production canopy limits: o Tier is Up to 20,000 square feet. o Tier ll: 20,001 to 40,000 square feet [nearly an acre] • OAR 845-025-1115(1)(d)(B) offers a provision that suggests a single parcel could far exceed the canopy limits listed above, as long as licensees on that parcel are not held under "common ownership." That essentially means producers could stack licenses similar to what is happening under OHA rules for growers, and the number of licensees — and canopies — would be limited only by the size of the relevant parcel of land. Read this to mean massive outdoor marijuana grows on a single tax lot wafting its skunk -like odor for thousands of feet. • Since Deschutes County is not required to consider the "Right To Farm" statutes when adopting regulations controlling the nuisance aspects of marijuana, and given the fact that other political subdivisions such as Boulder and Denver Counties in Colorado have successfully implemented regulations that do not allow odor off the premises, we believe a requirement for marijuana to only Deschutes County Marijuana Advisory Committee Report Page 20 be grown indoor with sufficient odor elimination systems is reasonable for our climate and unique diversity of rural residents and their lifestyles. Supporters: Sam Davis, Tim Elliott, Larry Fulkerson, and Liz Lotochinski Position against: The outright prohibition of outdoor growing on EFU land option resulted in five red cards, five yellow cards, and three green cards. An outright prohibition to farm a crop is unreasonable on its face, because especially on large parcels this would prevent even one plant from being grown at a location outdoors where it might not cause any disturbance to any neighbors. It was also discussed that growing outdoors in this climate is extremely difficult, if not impossible, so the number of situations this would pertain to is very limited. Most importantly, an outright prohibition does not seem to be based on any particular reason, as conditions of use still have to be applied. An outright ban on outdoor cannabis production also goes against the Deschutes County's Comprehensive Plan, Section 2.2, Agricultural Lands Policies. Goal 2 offers clear guidelines for assessing land use regulations in light of a new agricultural technology, especially one that is revenue generating and well-suited to our unique environment. Our county's comprehensive plan supports stakeholders in studying and promoting economically viable agricultural opportunities and practices. It calls upon us to encourage small farming enterprises, including, but not limited to, niche markets, organic farming, farm stands and value-added products. While most cannabis farmers will likely use greenhouses, rigid frames, and indoor growing for cannabis production, there are some pragmatic reasons for allowing outdoor cultivation. For example, a cannabis farmer may find summer months to be particularly helpful to phenotype for new cannabis genetics, with an end result of culling the majority of the cohort. With low overhead and minimal initial startup expenses, outdoor production serves a small farm model in a large way. Vegetative, or juvenile growth, is another example of a relevant use of outdoor cannabis production in our county. It may serve a cannabis business model to use outdoor production for Vegetative growth exclusively; during this part of the plant's life cycle, there is no detectable odor coming from the plant. The above examples are two of many unique outdoor cultivation methods; an outright prohibition on outdoor cannabis production would be a great disservice to the niche markets and for the value added products of cannabis. If there is deep concern over the impacts of outdoor production, please consider the following alternatives to an outright ban in order to stay in line with the purpose of EFU lands as defined in the Deschutes County Code chapter 18.16.010: ■ Allow outdoor cannabis production to occur under standards until December 2017. This date is important to outdoor farmers, as it will allow them to complete a single crop if Deschutes County adopts regulation before the end of this year. By adopting a sunset clause, we are giving our county a chance to test outdoor production under our state laws and we have the opportunity to redefine the regulations at the end of a harvest. ■ Create a pilot program: a second alternative to an outright ban on outdoor production is to create a pilot program. A small, controlled program with 15 participants would allow farmers to demonstrate the workability of outdoor cultivation while minimizing the administrative burden on the county. Supporters: Andy Anderson, Matt Cyrus, Alison Hohengarten, Jeff Ingelse, Glenn Kotara, Hunter Neubauer, Lindsey Pate, and Josh Rodriguez Addition to the position against: Deschutes County Marijuana Advisory Committee Report Page 21 The state has allowed the county to adopt "reasonable" regulations in its opt -out of Right to Farm. An outright prohibition of outdoor production of any crop in an EFU zone cannot fit the definition of "reasonable" by any standard. There are EFU parcels in Deschutes County that are hundreds of acres in size and places where neighbors are miles away. None of these properties would have any impact on neighboring properties. It should be noted that EFU is reserved for commercial agriculture and was intended to protect the ability of farmers' use of their land over the competing residential uses that may encroach on agricultural zones. Supporters: Andy Anderson, Matt Cyrus, Hunter Neubauer, and Lindsey Pate 38. Allow marijuana grow sites without a building in EFU if they do not unreasonably interfere with the use and enjoyment of neighbors' properties. Position in favor: It was suggested that we should say that growing outdoors and without a building is allowed with the condition that it does not unreasonably interfere with the use and enjoyment of another's property, held to the standard of an individual with ordinary sensibilities. I think this is exactly the kind of regulation we are supposed to come up with if it is one that will satisfy landowners on both sides of the equation. This proposal had two red cards, one yellow card, and the rest green. Supporting language that shows good intention from the cannabis producers who are on the MAC is line with the Board of County Commissioners' intention to create a friendly neighbor policy. This policy strikes a fair balance between livability for all county residents and a farmer's guaranteed opportunity to farm on EFU land. in our County Code, Chapter 18.16.010, EFU zoned land is purposed to preserve and maintain agricultural lands and to serve as a sanctuary for farm use. At the same time, the cannabis producers on the MAC recognize that our crop is unique and we support regulations that arose through the committee's efforts to reach consensus. Supporters: Andy Anderson, Matt Cyrus, Alison Hohengarten, Jeff Ingelse, Glenn Kotara, Hunter Neubauer, Lindsey Pate, and Josh Rodriguez Position aeainst: • MAC members had consensus on odor control for indoor (in a building) grow sites because marijuana grow sites cannot avoid odors that do not unreasonably interfere with the use and enjoyment of neighbors' properties. (NOTE: Several MAC members disagreed with and objected to this characterization of their point of view.) • It is not physically possible to install odor control systems on outdoor marijuana grow sites. • Outdoor grows will create odors. • No standard has been established in Deschutes County to determine what "unreasonably interfere with the use and enjoyment of neighbors' properties" means, therefore no odor measurement standard for odors emanating from outdoor grows can be performed. County enforcement personnel, already overloaded with other nuisance and compliance complaints (be they marijuana or other types), will encounter an administrative nightmare. • Odors interfering with the use and enjoyment of properties will travel on prevailing winds and impact many properties around a multi -thousand -foot radius, not just to the properties adjacent to the grow site. Thus, if the County wants to approve an outdoor grow, it is not possible to determine how many feet away from said outdoor grow site staff must go to gain "approvals" from nearby property owners. This creates an administrative and enforcement nightmare. • if an outdoor grow can be initiated without County approval, many outdoor grows may be started and any number of nearby residents' reasonable use and enjoyment of their property could be Deschutes County Marijuana Advisory Committee Report Page 22 impacted. Once established, if the odors create a problem for nearby residents, the only method to mitigate the odor issue would be removal of the outdoor grows. This initiates a complicated and expensive administrative and legal confrontation driven by the impacted neighbors against the marijuana grower. The marijuana grower would claim they have the right to grow because they have been allowed to make the investment. The property owner would claim that their reasonable use and enjoyment of their property is being impacted. ■ If nearby properties change ownership, the new residents could have different sensitivities than the previous residents and the grow site might interfere with the reasonable use and enjoyment of the new resident's properties. These new residents may not have line of sight to the grow site and thus may not be aware of potential odor issues when selecting their property. The marijuana grower who has made a significant financial and personal investment in the outdoor grow will come to believe they have the "right" to the outdoor grow due to the previous precedent of existence and will not want to remove the marijuana and terminate their income stream. Thus, a complicated and expensive administrative and legal confrontation would ensue. Until the issue is resolved, the reasonable use and enjoyment of the property would be negatively impacted. The confrontation period will continue for months or years and during this period the use and enjoyment of neighbors' properties will be unreasonably interfered with. To avoid significant future conflicts between neighbors and untold complication for the County, County enforcement staff, and legal system that will occur since outdoor grows cannot avoid odors, outdoor grows should not be allowed under any circumstances. Supporters: Sam Davis, Larry Fulkerson, and Liz Lotochinski 39. Allow non -building marijuana grow sites in EFU if the neighbors signed a petition to allow it. Position in favor: None submitted. Supporters: Position against: None submitted. Supporters: Liz Lotochinski Production and Processing in EFU: Access 40. The subject property shall have frontage on, and direct access from, a constructed public, county, or state road, or take access on an exclusive road or easement serving only the subject property. If property takes access via a private road or easement which also serves other properties, evidence must be provided by the applicant, in the form of a petition, that a majority of other property owners who have access rights to the private road or easement agree to allow the specific marijuana production or marijuana processing described in the application. Such evidence shall include any conditions stipulated in the agreement. Position in favor: None submitted. Supporters: Position against (first of two): Easements are legal documents between landowners for the purpose of use of an ingress or egress. This ordinance should not impact those agreements. For example, if farmer A sells his neighbor an easement to access a property on the other side of his farm, he should not face limitations on the use of his land simply because he was being a good neighbor and allowing someone else to cross his property. Easements address the types of uses allowed and the county should not impose itself into a civil matter between neighbors or allow one neighbor to unreasonably veto the uses of another. Deschutes County Marijuana Advisory Committee Report Page 23 Supporters: Andy Anderson, Matt Cyrus, Alison Hohengarten, Hunter Neubauer, Lindsey Pate, and Josh Rodriguez Position against (second of two): • Private roads and easements often traverse one or more properties to reach the destined marijuana operation. • In unincorporated Deschutes County, especially with the subdivision of large parcels into smaller ones, many parcels of land are indeed served by these private roads or easements. • The proposed item indicates marijuana operation traffic would be permitted on said road/easement if a "majority" of property owners with access rights to that private road or easement agree to allow it. • This item should require ALL property owners with access rights to agree to allow marijuana operation traffic on the road or easement. • A single property owner with access rights to that private road or easement may be more seriously impacted with ingress and egress traffic resulting from a commercial marijuana grow operation. Their dwelling may be located closer, their personal use and enjoyment of their property may be adjacent to that road or easement, their children may ride bikes on such roadway or easement, and the impact of such traffic could substantially reduce their property values. • Since marijuana is a unique industry with inherent risks, requiring ALL property owners to agree to allow marijuana business traffic is necessary. Supporters: Sam Davis, Larry Fulkerson, and Liz Lotochinski 41. There shall be no access restrictions to marijuana processing and production sites in EFU. Position in favor: Easements are legal documents between landowners for the purpose of use of an ingress or egress. This ordinance should not impact those agreements. For example, if farmer A sells his neighbor an easement to access a property on the other side of his farm, he should not face limitations on the use of his land simply because he was being a good neighbor and allowing someone else to cross his property. Easements address the types of uses allowed and the county should not impose itself into a civil matter between neighbors or allow one neighbor to unreasonably veto the uses of another. Supporters: Andy Anderson, Matt Cyrus, Alison Hohengarten, Hunter Neubauer, Lindsey Pate, and Josh Rodriguez Position against: None submitted. Supporters: Tim Elliott and Liz Lotochinski Production and Processing in EFU: Lot Size (production) 42. The minimum lot size for recreational marijuana production in EFU is 20 acres, and growing outside an enclosed building is prohibited. Position in favor: • Protecting public safety, quality of life, and property values is of utmost importance in rural Deschutes County. • Some residents of rural Deschutes County are currently suffering from the reduction in quality of life and reduction in property values due in part to the consequences of the unregulated "Skunk -Like" odor emanating from some of the over 1,800 currently licensed medical marijuana grow sites in Deschutes County. Deschutes County Marijuana Advisory Committee Report Page 24 • MAC members had consensus on odor control at grow sites in a building. Since it is not possible to contain odors from outdoor grows, and because outdoor grows would likely be larger than indoor grows, we propose no outdoor grow sites shall be allowed. ■ In Deschutes County, we have a unique rural population. Unlike any other County in Oregon, we have approximately one third, or over 55,000 residents, living in rural areas. Many live in small unincorporated communities and many thousand others are spread throughout the rural areas. Unlike any other County, most of our rural residents do not farm. Many of these rural residents live in EFU areas and enjoy all that country living has to offer. The county is unique because it is an area of many destination resorts, offers a very desirable place to live for retirees, and provides ample opportunities for activity and outdoor enthusiasts. Marijuana grow sites are changing the nature of the county in ways that none of us could have imagined even a few years ago. ■ Most of the thousands of parcels of EFU land in Deschutes County of less than 20 acres are not economical to farm and are typically not used for farming as defined in Oregon Statutes. They were purchased by people desiring the rural lifestyle. Prohibiting marijuana grow sites from intruding on this idyllic lifestyle would go a long ways towards preventing conflict between and complaints against neighbors. • Almost all owners of 20 acres or less EFU parcels are not able to make a living growing anything without the use of a greenhouse or other indoor grow facility in order to ensure their crops will not suffer frost damage and fail. Limiting all marijuana grow sites to more than 20 acres and requiring all marijuana grow sites to be indoors would mitigate the nuisance aspect and would prevent a substantial number of complaints from being filed regarding odor emanating from outdoor marijuana grow sites. This regulation would preserve the property values and expectations of rural landowners as per the Deschutes County Comprehensive Plan. • Only five of the MAC members who are not in the marijuana industry showed green or yellow cards for the regulation against outdoor grow sites. • Outdoor grows will also invite theft and encourage the criminal element to prey on our rural areas. Division 25 Section 845-025-1410 states that licensees must provide security systems that include commercial grade, non-residential door locks installed on every external door of licensed premises where marijuana items are present. A valid question would be how an outdoor grow site could be similarly protected, even with fences topped with razor or barbed wire. Significant negative impact to public safety should be of utmost concern to the County when considering this issue. • Since Deschutes County is not required to consider the "Right To Farm" statutes when adopting regulations controlling the nuisance aspects of marijuana, and given the fact that other counties such as Boulder and Denver in Colorado have successfully implemented regulations that do not allow odor off the premises, we believe a requirement for marijuana to only be grown indoor with sufficient odor elimination systems is reasonable for our climate and unique diversity of rural residents and their lifestyles. Supporters: Sam Davis, Tim Elliott, and Larry Fulkerson Position against: The proposal to require a minimum EFU lot size of 20 acres with no outdoor production represents an unreasonable restriction on small farmers. The proposal was poorly received by MAC members, as it received 2 green cards, 8 red cards, and 3 yellow cards. Cannabis producers on the MAC have demonstrated a commitment to "friendly neighbor" regulations and have supported proposals that restrict production on EFU land. Our committee has approved noise, odor, and lighting regulations for cannabis production on EFU land by consensus agreement. When combined with reasonable setbacks, these regulations strike the right balance between the concerns of Deschutes County Marijuana Advisory Committee Report Page 25 hobby landowners and EFU farmers. Imposing a minimum lot size would confer no functional benefit to the community in terms of nuisance reduction, but it would have the unintended consequence of unreasonably restricting the ability of small farmers to improve the value of their land and create a better life for their families by using their EFU farmland as it was intended. Furthermore, a 20 -acre minimum with no outdoor production does not support the goals outlined in the Deschutes County Comprehensive Plan, Section 2.2, Agricultural Lands Policies. These goals include • promoting diverse agricultural economies, • supporting stakeholders in viable activities, and • supporting small farmers and encouraging niche markets and high value farm products. A study referenced in the same section of the Comprehensive Plan found that Deschutes County's unique climate and short growing season mean that it is harder to create economic stability on large lots in our county. A crop like cannabis that can be farmed on small lot sizes means that there is real economic potential for small farmers on properties that have been properly zoned and classified. Finally, it is worth noting that hog farms on EFU have no minimum acreage requirements. Wineries are allowed on lots of 15 acres and above. If the county wishes to move forward with a minimum EFU lot size, a 10 -acre minimum would be a more reasonable limitation that takes into account setbacks and nuisance regulations as well as the smaller lot size needed for successful cannabis farming. This proposal would also disallow outdoor production. Outdoor growing has previously been discussed and non -consensus reports have been included in this report that represent those views (see item #37). An outright prohibition to grow an outdoor farm crop is unreasonable on its face, especially on large parcels, as this would prevent even one plant from being grown at an outdoor location where it potentially would not cause any disturbance to any neighbors. Most importantly, an outright prohibition does not seem to be based on any particular reason, as conditions of use still have to be applied. In our County Code Chapter 18.16.010, EFU zoned land has the clear purpose to be used for farming, and to disallow outdoor cannabis cultivation would not support agricultural opportunities or farm stakeholders. This type of regulation, if adopted, discourages an economically viable and value-added farm crop, in addition to creating a high barrier of entry for small farming enterprises and niche markets. Please refer to item #37 (above) for a more detailed discussion on outdoor cannabis production in our county and creative ways in which MAC members attempted to reach consensus. Supporters: Andy Anderson, Matt Cyrus, Alison Hohengarten, Jeff Ingelse, Hunter Neubauer, and Lindsey Pate 43. There is no minimum lot size for recreational marijuana production in EFU. Position in favor: We support no minimum lot size in EFU zone given the fact that it is unreasonable to restrict recreational marijuana production as a potential use for the majority of EFU-zoned properties in the county. All EFU properties still have to meet state restrictions in order to obtain a license, which may prevent some smaller lots from being potential sites anyway. Plus, if only big parcels can have production operations, we are really encouraging the big operations as opposed to allowing the smaller, family farmers have a chance at making their farm productive. According to the numbers given at this meeting, in Deschutes County, 4,428 lots are less than 5 acres, 980 are between 5 and 10 acres, 1084 are between 10 and 20 acres, 956 are between 20 and 40 acres, and 960 parcels are larger than 40 acres. Deschutes County Marijuana Advisory Committee Report Page 26 Minimum lot sizes were intended to try to mitigate nuisance issues. The MAC has reached consensus for mitigating odor, noise, and light, which are the nuisance concerns for most people and therefore minimum lot sizes are no longer needed to serve that purpose. The Exclusive Farm Use zone was intended to preserve lands for commercial agricultural production. There is no differentiation within the zone for different types or intensities of agricultural uses. To create minimum lot size requirements within the same zone would create a slippery slope of de facto sub -zones and increased restrictions within the EFU zone. The more proper way to address smaller zones that some may feel are inappropriate for all farm uses is to rezone them to MUA or RR, where the county can legally impose limitations on agricultural uses. Imposing arbitrary cropping restrictions on some EFU parcels is not a "reasonable restriction" under the statute. Supporters: Andy Anderson, Matt Cyrus, Alison Hohengarten, Hunter Neubauer, and Lindsey Pate Position against: ■ The MAC was charged with considering the Planning Commission's recommendations as a starting point to discussions. • Since the MAC is responsible for considering both reasonable and balanced regulations for both sides of every issue, having no minimum lot size is a disservice to the intent of the committee. • While some existing medical marijuana grow site owners have demonstrated a total lack of regard for the rural residents around them and have been called the "few bad apples," what proof can be offered to ensure that all recreational grow sites will have kind, cooperative, supportive and accommodating owners? ■ By requiring some minimum parcel size, the number of total available marijuana grow sites is lessened and therefore the total affected neighboring or nearby parcels is reduced. ■ Because there tends to be a clustering of smaller parcels in a given geographic area of Deschutes County, the nuisance of marijuana grow sites to their neighbors in those denser areas will be mitigated by having some minimum lot size. Without question, the public safety, quality of life, and property values of rural property owners surrounded by nuisance -generating marijuana grows will be negatively impacted on an ongoing basis. It has been suggested that owners of smaller EFU lots have not been able to make a living on their land. Those same owners chose to buy those parcels knowing that farming is not a sustainable economic activity in Deschutes County. The MAC should not consider bolstering up these smaller lot owners' income at the risk of destroying or significantly reducing other residents' enjoyment of their land, their peace, quiet, comfort and safety, and the value of their property or the ability to sell it in the future. Supporters: Sam Davis, Tim Elliott, Larry Fulkerson, and Liz Lotochinski 44. The minimum lot size for recreational marijuana production in EFU is 20 acres, growing outside of an enclosed building is prohibited, and no production is allowed if adjacent parcels are zoned MUA-10 or RR -10. Position in favor: • Protecting public safety, quality of life, and property values is of utmost importance in rural Deschutes County. • Deschutes County has allowed former farm properties to be divided into small parcels (RR -10, MUA, and EFU) <20 acres for residential development. When this occurred, Deschutes County effectively changed the designation of these areas from farm to residential without changing the zoning. These Deschutes County Marijuana Advisory Committee Report Page 27 small parcels are not economic to farm. They are residential neighborhoods where residents might grow a little hay or have a few farm animals, but they are not viable farms. • If a large parcel borders RR-10 or MUA properties, the public safety, quality of life, and property values of the RR-10 and MUA-10 residential properties are negatively impacted. • Some residents of rural Deschutes County are currently suffering from the reduction in quality of life and reduced property values due, in part, to the consequences of the unregulated "Skunk-Like" odor emanating from some of the over 1,800 currently licensed medical marijuana grow sites in Deschutes County. • MAC members had consensus on odor control at grow sites in a building. Since it is not possible to contain odors from outdoor grows, and because outdoor grows would likely be larger than indoor grows, we propose no outdoor grow sites shall be allowed. • In Deschutes County, we have a unique rural population. Unlike any other County in Oregon, we have approximately one third, or over 55,000 residents, living in rural areas. Many live in small unincorporated communities and many thousand others are spread throughout the rural areas. Unlike any other County, most of our rural residents do not farm. Many of these rural residents live in RR-10, MUA-10, and EFU areas and enjoy all that country living has to offer. The county is unique because it is an area of many destination resorts, offers a very desirable place to live for retirees, and provides ample opportunities for recreational activities and outdoor enthusiasts. Marijuana grow sites are changing the nature of the county in ways that none of us could have imagined a few years ago. • Most of the thousands of parcels of RR-10, MUA-10, and EFU land in Deschutes County that are less than 20 acres are not economical to farm and are typically not used for farming as defined in Oregon Statutes. They were purchased by people desiring the rural lifestyle. Prohibiting marijuana grow sites from intruding on this idyllic lifestyle would go a long way towards preventing conflict between and complaints against neighbors. • Almost all owners of 20 acres or less RR-10, MUA-10, and EFU parcels are not able to make a living growing anything without the use of a greenhouse or other indoor grow facility in order to ensure their crops will not suffer frost damage and fail. Limiting all marijuana grow sites to more than 20 acres and requiring all marijuana grow sites to be indoors would mitigate the nuisance aspect and would prevent a substantial number of complaints from being filed regarding odor emanating from outdoor marijuana grow sites. This regulation would preserve the property values and expectations of rural landowners per the Deschutes County Comprehensive Plan. • Only four of the MAC members who are not in the marijuana industry showed green cards for the regulation against outdoor grow sites. • Outdoor grows will also invite theft and encourage the criminal element to prey on our rural areas. Division 25 Section 845-025-1410 states that licensees must provide security systems that include commercial grade, non-residential door locks installed on every external door of licensed premises where marijuana items are present. A valid question would be how an outdoor grow site could be similarly protected even with fences topped with razor or barbed wire. Significant negative impact to public safety should be of utmost concern to the County when considering this issue. ■ Since Deschutes County is not required to consider the "Right To Farm" statutes when adopting regulations controlling the nuisance aspects of marijuana, and given the fact that other counties such as Boulder and Denver in Colorado have successfully implemented regulations that do not allow odor off the premises, we believe a requirement for marijuana to only be grown indoor with sufficient odor elimination systems is reasonable for our climate and unique diversity of rural residents and their lifestyles. Supporters: Sam Davis, Tim Elliott, Larry Fulkerson, and Liz Lotochinski Deschutes County Marijuana Advisory Committee Report Page 28 Position against: The proposal to ban licensed and regulated cannabis farming on Exclusive Farm Use land that is adjacent to Mixed Use Agricultural and Rural Residential zoned parcels is unreasonable and unworkable. Using restrictions on MUA and RR as a mechanism to forbid allowed uses on EFU farmland goes against the letter and the spirit of Oregon's and Deschutes County's agricultural policies and goals to preserving our productive farmlands. The MAC members, receiving 2 green cards, 8 red cards, and 3 yellow cards, poorly received this proposal. The Deschutes County Code, Chapter 18.32.010 states that the purpose of MUA land is to preserve and maintain agricultural lands not suited for full-time commercial farming. Its primary purpose is not exclusive to residential use and the MUA is considered a valuable transition zone to reinforce farming practices in our county. Because of its purpose in preserving farmland, an adjacent MUA property should not be a burden of entry to a licensed cannabis producer on an EFU parcel. Similarly, RR zones have a role in preserving the farming lifestyle in Deschutes County. Purchasers of RR properties are subject to the same warnings about the realities of living in rural country near farmland. An adjacent RR property should not be disqualifier for a licensed cannabis producer. This proposal would also require a minimum EFU lot size of 20 acres. This represents an unreasonable restriction on small farmers. Cannabis producers on the MAC have demonstrated a commitment to "friendly neighbor" regulations and have supported proposals that restrict production on EFU land. Our committee has approved noise, odor, and lighting regulations for cannabis production on EFU land by consensus agreement. When combined with reasonable setbacks, these regulations strike the right balance between the concerns of hobby landowners and EFU farmers. Imposing a minimum lot size would confer no functional benefit to the community in terms of nuisance reduction, but it would have the unintended consequence of unreasonably restricting the ability of small farmers to improve the value of their land and create a better life for their families by using their EFU farmland as it was intended. Furthermore, a 20 -acre minimum with no outdoor production does not support the goals outlined in the Deschutes County Comprehensive Plan, Section 2.2, Agricultural Lands Policies. These goals include • promoting diverse agricultural economies, • supporting stakeholders in viable activities, and ■ supporting small farmers and encouraging niche markets and high value farm products. A study referenced in the same section of the Comprehensive Plan found that Deschutes County's unique climate and short growing season mean that it is harder to create economic stability on large lots in our county. A crop like cannabis that can be farmed on small lot sizes means that there is real economic potential for small farmers on properties that have been properly zoned and classified. Finally, it is worth noting that hog farms on EFU have no minimum acreage requirements. Wineries are allowed on lots of 15 acres and above. If the county wishes to move forward with a minimum EFU lot size, a 10 -acre minimum would be a more reasonable limitation that takes into account setbacks and nuisance regulations as well as the smaller lot size needed for successful cannabis farming. This proposal would also disallow outdoor production. Outdoor growing has previously been discussed and non -consensus reports have been submitted that represent those views (see item #37). An outright Deschutes County Marijuana Advisory Committee Report Page 29 prohibition to grow an outdoor farm crop is unreasonable on its face, especially on large parcels, as this would prevent even one plant from being grown at an outdoor location where it potentially would not cause any disturbance to any neighbors. Most importantly, an outright prohibition does not seem to be based on any particular reason, as conditions of use still have to be applied. In our County Code Chapter 18.16.010, EFU-zoned land has the clear purpose to be used for farming, and to disallow outdoor cannabis cultivation would not support agricultural opportunities or farm stakeholders. This type of regulation, if adopted, discourages an economically viable and value-added farm crop, in addition to creating a high barrier of entry for small farming enterprises and niche markets. Please refer to item #37 (above) for a more detailed discussion on outdoor cannabis production in our county and creative ways in which MAC members attempted to reach consensus. Supporters: Andy Anderson, Matt Cyrus, Alison Hohengarten, Jeff Ingelse, Hunter Neubauer, and Lindsey Pate 45. The minimum lot size for recreational marijuana production in EFU is 10 acres for Tier 1 and 20 acres for Tier 2. Position in favor: None submitted. Supporters: Position against: None submitted. Supporters: 46. There is no minimum lot size for medical marijuana production in EFU. Position in favor: We support no minimum lot size in EFU zone given the fact that it is unreasonable to restrict recreational marijuana production as a potential use for the majority of EFU-zoned properties in the county. All EFU properties still have to meet state restrictions in order to obtain a license, which may prevent some smaller lots from being potential sites anyway. Plus, if only big parcels can have production operations, we are really encouraging the big operations as opposed to allowing the smaller, family farmers have a chance at making their farm productive. According to the numbers given at this meeting, in Deschutes County, 4,428 lots are less than 5 acres, 980 are between 5 and 10 acres, 1084 are between 10 and 20 acres, 956 are between 20 and 40 acres, and 960 parcels are larger than 40 acres. Minimum lot sizes were intended to try to mitigate nuisance issues. The MAC has reached consensus for mitigating odor, noise, and light, which are the nuisance concerns for most people and therefore minimum lot sizes are no longer needed to serve that purpose. The Exclusive Farm Use zone was intended to preserve lands for commercial agricultural production. There is no differentiation within the zone for different types or intensities of agricultural uses. To create minimum lot size requirements within the same zone would create a slippery slope of de -facto sub -zones and increased restrictions within the EFU zone. The more proper way to address smaller zones that some may feel are inappropriate for all farm uses is to rezone them to MUA or RR, where the county can legally impose limitations on agricultural uses. Imposing arbitrary cropping restrictions on some EFU parcels is not a "reasonable restriction" under the statute. Supporters: Andy Anderson, Matt Cyrus, Alison Hohengarten, Jeff Ingelse, Hunter Neubauer, and Lindsey Pate Position against: Deschutes County Marijuana Advisory Committee Report Page 30 • The MAC was charged with considering the Planning Commission's recommendations as a starting point to discussions. • Since the Planning Commission established a minimum of 20+ acres on EFU parcels, the suggestion to remove even that very lenient lot size suggests the intention from the marijuana industry is to open every available EFU lot to the potential of a medical marijuana grow site. • Since the MAC is responsible for considering both reasonable and balanced regulations for both sides of every issue, having no minimum lot size is a disservice to the intent of the committee. • While some existing medical marijuana grow site owners have demonstrated a total lack of regard to the rural residents around them and have been called the "few bad apples," what proof can be offered to ensure that all additional new medical grow sites will have kind, cooperative, supportive and accommodating owners? • By requiring some minimum parcel size, the number of total available marijuana grow sites is lessened and therefore the total affected neighboring or nearby parcels is reduced. • Because there tends to be a clustering of smaller parcels in a given geographic area of Deschutes County, the nuisance of marijuana grow sites to their neighbors in those denser areas will be mitigated by having some minimum lot size. • Without question, the public safety, quality of life, and property values of rural property owners surrounded by nuisance -generating marijuana grows will be negatively impacted on an ongoing basis. • It has been suggested that owners of smaller EFU lots have not been able to make a living on their land. Those same owners chose to buy those parcels knowing that farming is not a sustainable economic activity in Deschutes County. The MAC should not consider bolstering up these smaller lot owners' income at the risk of destroying or significantly reducing other residents' enjoyment of their land, their peace, quiet, comfort and safety, and the value of their property or the ability to sell it in the future. Supporters: Sam Davis, Larry Fulkerson, and Liz Lotochinski 47. The minimum lot size for medical marijuana production in EFU is 20 acres and growing outside of an enclosed building is prohibited. Position in favor: • Protecting public safety, quality of life, and property values is of utmost importance in rural Deschutes County. • Some residents of rural Deschutes County are currently suffering from the reduction in quality of life and reduction in property values due in part to the consequences of the unregulated "Skunk -Like" odor emanating from some of the over 1,800 currently licensed medical marijuana grow sites in Deschutes County. • MAC members had consensus on odor control at grow sites in a building. Since it is not possible to contain odors from outdoor grows, and because outdoor grows would likely be larger than indoor grows, we propose no outdoor grow sites shall be allowed. • In Deschutes County, we have a unique rural population. Unlike any other County in Oregon, we have approximately one third, or over 55,000 residents, living in rural areas. Many live in small unincorporated communities and many thousand others are spread throughout the rural areas. Unlike any other County, most of our rural residents do not farm. Many of these rural residents live in EFU areas and enjoy all that country living has to offer. The county is unique because it is an area of many destination resorts, offers a very desirable place to live for retirees, and provides ample opportunities for activity and outdoor enthusiasts. Marijuana grow sites are changing the nature of the county in ways that none of us could have imagined even a few years ago. Deschutes County Marijuana Advisory Committee Report Page 31 • Most of the thousands of parcels of EFU land in Deschutes County of less than 20 acres are not economical to farm and are typically not used for farming as defined in Oregon Statutes. They were purchased by people desiring the rural lifestyle. Prohibiting marijuana grow sites from intruding on this idyllic lifestyle would go a long ways towards preventing conflict between and complaints against neighbors. • Almost all owners of 20 acres or less EFU parcels are not able to make a living growing anything without the use of a greenhouse or other indoor grow facility, in order to ensure their crops will not suffer frost damage and fail. Limiting all marijuana grow sites to more than 20 acres and requiring all marijuana grow sites to be indoors would mitigate the nuisance aspect and would prevent a substantial number of complaints from being filed regarding odor emanating from outdoor marijuana grow sites. This regulation would preserve the property values and expectations of rural landowners per the Deschutes County Comprehensive Plan. • Only four of the MAC members who are not in the marijuana industry showed green cards for the regulation against outdoor grow sites. • Outdoor grows will also invite theft and encourage the criminal element to prey on our rural areas. Division 25 Section 845-025-1410 states that licensees must provide security systems that include commercial grade, non-residential door locks installed on every external door of licensed premises where marijuana items are present. A valid question would be how an outdoor grow site could be similarly protected, even with fences topped with razor or barbed wire. Significant negative impact to public safety should be of utmost concern to the County when considering this issue. • Since Deschutes County is not required to consider the "Right To Farm" statutes when adopting regulations controlling the nuisance aspects of marijuana, and given the fact that other counties such as Boulder and Denver in Colorado have successfully implemented regulations that do not allow odor off the premises, we believe a requirement for marijuana to only be grown indoor with sufficient odor elimination systems is reasonable for our climate and unique diversity of rural residents and their lifestyles. Supporters: Sam Davis, Tim Elliott, Larry Fulkerson, and Liz Lotochinski Position against: The proposal to require a 20 -acre minimum on licensed medical cannabis production is unnecessary and was poorly received by the MAC members, receiving 2 green cards, 8 red cards, and 3 yellow cards. The Oregon Health Authority has created a new system for licensing and regulating medical cannabis production, including a significant limitation on plant counts. There is no need to impose further regulations on medical cannabis producers on EFU land. It is important to be particularly sensitive to the smaller farmers who continue to produce medical cannabis as they support the needs of local patients in our county. This proposal would also require a minimum EFU lot size of 20 acres. This represents an unreasonable restriction on small farmers. Cannabis producers on the MAC have demonstrated a commitment to "friendly neighbor" regulations and have supported proposals that restrict production on EFU land. Our committee has approved noise, odor, and lighting regulations for cannabis production on EFU land by consensus agreement. When combined with reasonable setbacks, these regulations strike the right balance between the concerns of hobby landowners and EFU farmers. Imposing a minimum lot size would confer no functional benefit to the community in terms of nuisance reduction, but it would have the unintended consequence of Deschutes County Marijuana Advisory Committee Report Page 32 unreasonably restricting the ability of small farmers to improve the value of their land and create a better life for their families by using their EFU farmland as it was intended. Furthermore, a 20 -acre minimum with no outdoor production does not support the goals outlined in the Deschutes County Comprehensive Plan, Section 2.2, Agricultural Lands Policies. These goals include • promoting diverse agricultural economies, • supporting stakeholders in viable activities, and ■ supporting small farmers and encouraging niche markets and high value farm products. A study referenced in the same section of the Comprehensive Plan found that Deschutes County's unique climate and short growing season mean that it is harder to create economic stability on large lots in our county. A crop like cannabis that can be farmed on small lot sizes means that there is real economic potential for small farmers on properties that have been properly zoned and classified. Finally, it is worth noting that hog farms on EFU have no minimum acreage requirements. Wineries are allowed on lots of 15 acres and above. if the county wishes to move forward with a minimum EFU lot size, a 10 -acre minimum would be a more reasonable limitation that takes into account setbacks and nuisance regulations as well as the smaller lot size needed for successful cannabis farming. This proposal would also disallow outdoor production. Outdoor growing has previously been discussed and non -consensus reports have been submitted that represent those views (see item #37). An outright prohibition to grow an outdoor farm crop is unreasonable on its face, especially on large parcels, as this would prevent even one plant from being grown at an outdoor location where it potentially would not cause any disturbance to any neighbors. Most importantly, an outright prohibition does not seem to be based on any particular reason, as conditions of use still have to be applied. In our County Code Chapter 18.16.010, EFU-zoned land has the clear purpose to be used for farming, and to disallow outdoor cannabis cultivation would not support agricultural opportunities or farm stakeholders. This type of regulation, if adopted, discourages an economically viable and value-added farm crop, in addition to creating a high barrier of entry for small farming enterprises and niche markets. Please refer to item #37 (above) for a more detailed discussion on outdoor cannabis production in our county and creative ways in which MAC members attempted to reach consensus. Supporters: Andy Anderson, Matt Cyrus, Alison Hohengarten, Hunter Neubauer, and Lindsey Pate 48. The minimum lot size for medical marijuana production in EFU is 10 acres for up to 48 plants. Position in favor: None submitted. Supporters: Position against: None submitted. Supporters: Production and Processing in EFU: Number of Licenses 49. Production in EFU is limited to one license on up to 10 acres, two licenses on 11-20 acres, and one additional license for every additional 10 acres or portion thereof. Position in favor: We support one license per each 10 -acre parcel or portion thereof, given the fact that it is unreasonable to restrict recreation marijuana production as a potential use for the majority of EFU-zoned properties in the county. All EFU properties still have to meet state restrictions in order to obtain a license, which may Deschutes County Marijuana Advisory Committee Report Page 33 prevent some smaller lots from being potential sites anyway. Plus, if only big parcels can have production operations, we are really encouraging the big operations as opposed to allowing the smaller, family farmers have a chance at making their farm productive. According to the numbers given at this meeting, in Deschutes County, 4,428 Tots are less than 5 acres, 980 are between 5 and 10 acres, 1084 are between 10 and 20 acres, 956 are between 20 and 40 acres, and 960 parcels are larger than 40 acres. Current rules do not impose a limit on the number of indoor grow licenses that may be located on the same tax lot. In keeping with the position that all EFU parcels should be entitled to a license, but as a compromise to limit impacts, we feel that limiting the number of licenses based on parcel size is reasonable and fair. This formula restricts small parcels and allows for more production on larger parcels in what we believe to be a reasonable density. Supporters: Andy Anderson, Matt Cyrus, Alison Hohengarten, Hunter Neubauer, and Lindsey Pate Position against: We oppose the proposal as presented above (Case 1). We support, instead this proposal (Case 2): 0-10 Acres = 0 license, 10-20 Acres = 0 licenses, 20+ Acres =1 license. ■ Protecting public safety, quality of life, and property values is of utmost importance in rural Deschutes County. • There should be no more than one license per parcel. With more than one license, it will be nearly impossible to control the nuisances. One marijuana industry grower will likely take responsibility to be a good neighbor; multiple licenses without a single grower in control of all licensed growers on a parcel will be unmanageable from a responsibility and liability standpoint and will exponentially expand the nuisances created by these multiple sub -let tenants. • Deschutes County has allowed former farm properties to be divided into small parcels (RR -10, MUA, and EFU) <20 acres for residential development. The table below, based on County data, indicates there are 11,508 parcels < 10 acres, 12,841 < 20 acres and 14,800 total parcels in Deschutes County. ■ The proposal in Case #1 would allow a potential of well over (data not available for exact calculation) 14,174 licenses in Deschutes County, far more than are "needed." Case #2 would "limit" it to 1,959 licenses, which are still far more marijuana licenses than we need or can control. • If we allow licenses on less than 20 acres, 12,841 rural parcels could be impacted. This is every rural neighborhood. • Rural residents also have rights, not just the marijuana industry. Since protecting public safety, quality of life, and property values is of utmost importance in rural Deschutes County, Case 1 should not be allowed, only Case 2. Number of Parcels Parcel Size EFU Zone MUA Zone EFU + MUA Cumulative Total 0-5 Acres 4,428 4,803 9,231 9,231 5-10 Acres 980 1,297 2,277 11,508 10-20 Acres 1,084 249 1,333 12,841 20-40 Acres 956 30 986 13,827 40+ Acres 966 8 974 14,801 Deschutes County Marijuana Advisory Committee Report Page 34 Estimated Number of Licenses in EFU and MUA-10 Parcel Size # Parcels in EFU and MUA-10 Case 1 Licenses Case 2 Licenses <=5 Acres 9,231 <=10 Acres 11,508 11,508 0 <=20 Acres 12,841 14,174 >20 Acres* 1,959 14,174+++ 1,959 * Data on parcel size breakdown above 20 acres not available to perform the exact calculation Supporters: Sam Davis, Tim Elliott, Larry Fulkerson, and Liz Lotochinski 50. Production in EFU is limited to one license on up to 80 acres, two licenses on 81-100 acres, and one additional license for every additional 20 acres or portion thereof. Position in favor: ■ The MAC was charged to develop reasonable time, place, and manner land use regulations to mitiaate the impacts of medical and recreational businesses in unincorporated Deschutes County. • Since Oregon's lawmakers unfortunately disfranchised voters (who narrowly passed Measure 91) by expanding the legalization of recreational marijuana from four plants per household to expansive commercial grow operations on all agricultural lands protected by Right to Farm with the designation of pot as a crop, nuisances to all nearby property owners to current legal (or not) medical grows and an unknown number of recreational grows will occur. • Stacking marijuana grow and processing licenses on a single parcel of land —effectively subletting portions of any given parcel — will exponentially increase the nuisances of these grows which are effectively operated by tenants who do not reside on the property. ■ These pot grow and processing tenants will have no appreciation for or respect of the nearby residents who have owned and lived on their properties for years, invested significant amounts to maintain and/or improve their real property, and enjoy their properties for the rural lifestyle they provide. • Multiple sublessees will have their own employees, supplier contracts, and operating hours, which will increase the comings and goings of various individuals and their vehicles thereby directly expanding the nuisances to nearby neighbors. • An alternate suggestion was made to allow one license for every 10 acres or portion thereof: • Each recreational license can have the following canopy limits: Indoor Outdoor Tier I Up to 5,000 sq. ft. Up to 20,000 sq. ft. Tier 11 5,001-10,000 sq. ft. 20,000-40,000 sq. ft. 1 (For comparison's sake, football field = 48,000 sq. ft.) ■ Deschutes County has, in land zoned EFU: o 4,428 parcels of 0-5 acres o 980 parcels of 5-10 acres o 1,084 parcels of 10-20 acres o 956 parcels of 20-40 acres o 966 parcels of greater 40 acres ■ Multiple licenses per EFU parcel based on a 10 -acre (or portion thereof) division would increase the number of subletting tenants on EFU parcels in rural Deschutes, overwhelm the county's law and Deschutes County Marijuana Advisory Committee Report Page 35 code enforcement and planning staff, and create nuisances that could not possibly be mitigated with even the most stringent regulations. ■ Limiting one marijuana license per 80 -acre parcel, and then allowing only one additional license for every additional 20 acres or portion thereof, is the most reasonable method of nuisance mitigation for a federally illegal, high-value, cash -based product. Supporters: Sam Davis, Jeff Ingelse, and Liz Lotochinski Position against: This proposal was not well received by the majority of MAC members. It received 9 red cards, 2 yellow cards, and 2 green cards. State law already addresses limits on the number of licenses for tax lots. Imposing county -level restrictions wastes county resources without adding any clear benefit to our community. When we consider our County Code, Chapter 18.16.010, the purpose of EFU land is to preserve and maintain agricultural lands and to serve as a sanctuary for farm use. When a new farm technology has become available to our farming community, it is unreasonable to disallow farmers to utilize that new technology (in this case, a high value farm crop that uses minimal resources) that is well suited to our particular environment and is profitable on a small lot size. In the study referenced in our Deschutes County Comprehensive Plan, Chapter 2, section 2.2, Agricultural Lands, our unique climate and short growing season resulted in a change in our minimum parcel size from the standard larger parcels seen in other states. For local farmers who have a larger parcels, this presents a unique opportunity to utilize their farmland as it was intended per our County Code Chapter 18.16.010 referencing the purpose of EFU-zoned land. An outright prohibition to grow an outdoor farm crop is unreasonable on its face, especially on large parcels, as this would prevent even one plant from being grown at an outdoor location where it potentially would not cause any disturbance to any neighbors. Most importantly, an outright prohibition does not seem to be based on any particular reason, as conditions of use still have to be applied. In our County Code Chapter 18.16.010, EFU-zoned land has the clear purpose to be used for farming, and to disallow outdoor cannabis cultivation would not support agricultural opportunities or farm stakeholders. This type of regulation, if adopted, discourages an economically viable and value-added farm crop, in addition to creating a high barrier of entry for small farming enterprises and niche markets. Supporters: Andy Anderson, Matt Cyrus, Alison Hohengarten, Hunter Neubauer, and Lindsey Pate Production and Processing in EFU: Setbacks and Minimum Lot Size for Processing Extracts 51. Extract processing is prohibited in EFU; or, if this conflicts with state law, allow extract processing in EFU only on 80 -acre minimum parcels with 500 -foot setbacks. Position in favor: ■ OLCC Division 25 Recreational Marijuana Section 845-025-1015 defines "cannabinoid extract" as a substance obtained by separating cannabinoids from marijuana by: (a) A chemical extraction process using a hydrocarbon -based solvent, such as butane, hexane, or propane; (b) A chemical extraction process using the hydrocarbon -based solvent carbon dioxide, if the process uses high heat or pressure; or (c) Any other process identified by the commission, in consultation with the authority, by rule. Deschutes County Marijuana Advisory Committee Report Page 36 • Butane and propane are highly combustible. • Deschutes County is in the dry desert. • Parcels of EFU land in Deschutes County have been divided into smaller parcels since the 1970s, resulting in a patchwork of properties in EFU, MUA, and RR zones. • Since one extract processing facility on an EFU parcel can have devastating consequences to nearby properties in the event of a blast or explosion, no extract processing on EFU land shall be permitted. • The county's dry climate and abundant vegetative tinder fuels of grasses, shrubs, and trees combined with (at times) strong, blustery winds could spread an unintended fire to a very large area, affecting a number of uninvolved residents and their properties and other county and federal lands. • Why take one chance with this scenario? • Prohibiting pot extract processing on EFU land is the surest way to safeguard public safety, quality of life, and property values. • Since it was suggested during the seventh MAC meeting that marijuana processing cannot be restricted on EFU land (even though the county has been granted the authority to create regulations pertaining to marijuana), this position statement goes further to say that if prohibiting extract processing on EFU is not permitted, then: • Allow extract processing only on 80 -acre minimum EFU parcels with 500 foot setbacks. • The parcel size and setback requirement provides enough buffer to ensure any explosion and associated escaped fire could be contained on the marijuana property until the fire district is able to contain the burn without it affecting any nearby parcels. Supporters: Liz Lotochinski and Sam Davis Position against: In our County Code, Chapter 18.16.025, the processing of farm crops has reasonable regulations already in place. These regulations include • Requiring that processing facilities located on a farm operation provide at least one-quarter of the farm crop processed at the facility. • Limiting farmers to 10,000 square feet of building to be used in matters of processing. • Processing facilities must comply with all applicable siting standards but the standards shall not be applied in a manner that prohibits the siting of the processing facility. An 80 -acre lot size minimum is not in line with the goals outlined in the Deschutes County Comprehensive Plan, Section 2.2, Agricultural Lands Policies as a workable policy for farmers and considerate to our county residents. These goals include • promoting diverse agricultural economies, • supporting stakeholders in viable activities, and • supporting small farmers and encouraging niche markets and high value farm products. Processing provides an important outlet for small and large farmers alike to retain more value from their cannabis production. As reflected by the cards displayed by the MAC (2 green cards, 1 yellow card, and 10 red cards), this proposal is unreasonable to its core. Extract processing should not be banned outright on EFU land. Our County Code, Chapter 18.16.010 clearly states that the purpose of EFU land is to preserve and maintain agricultural lands and to serve as a sanctuary for farm use. When a new farm technology has become available to our farming community, it is unreasonable to disallow local farmers to utilize the new technology. State statute and Deschutes County Marijuana Advisory Committee Report Page 37 administrative rule set out rigorous regulations for cannabis processing, operator training, and compliance to ensure the safety of employees and the public. Supporters: Andy Anderson, Matt Cyrus, Hunter Neubauer, and Lindsey Pate 52. Extract processing is allowed in EFU only with a closed-loop engineered system, a 25 -foot setback from the lot line, and a 300 -foot setback from a residence (or the proposed location of a dwelling unit under application) not on the same property. Position in favor: As Cited from Deschutes County Code: "Chapter 18.16. EXCLUSIVE FARM USE ZONES 18.16.010. Purpose. A. The purpose of the Exclusive Farm Use zones is to preserve and maintain agricultural lands and to serve as a sanctuary for farm uses." Main Purpose of this proposal: To protect residences. To protect farmers. To help defend and give guidance to those who have complied and wish to comply with the purpose outlined in Deschutes County Code cited above and specifically to reasonably regulate a farm use. The purpose of this proposal is to allow residences a greater chance to mitigate the potential nuisances of noise, odor, and light associated with cannabis extract processing by establishing a larger than normal setback from legally -established single family residences. While protecting residents is at the front of our minds, we also remind ourselves this is Exclusive Farm Use property. Keeping the rights of farmers in mind, we also wish to allow farmers the right to process cannabis so long as they meet the larger than normal setback requirement and are not restricted by unreasonable further regulations or additional setback requirement in property that is zoned Exclusive Farm Use. How it helps residences: Keeping in mind that this zone is meant for farming, and that producing and processing cannabis clearly meets the definition of a farming activity, our feeling is that a 300' set back is a very generous buffer that will help give proper distance should any unfortunate event happen at the licensed location no matter how unlikely that may be. We realize that this buffer may indeed disqualify several Exclusive Farm Use properties in Deschutes County from producing or processing cannabis, which is a farm crop; but protection and respect of those residences and the people that occupy them was a large consideration. That is why we proposed such a large buffer. The feeling from our side is that anything beyond this proposal or imposing any further setback restrictions or requirements in the Exclusive Farm Use Zone would be unreasonable because, again, this is Exclusive Farm Use. How it helps farmers: While 300 feet is arguably an unreasonable setback requirement that may harm several Exclusive Farm Use properties, we feel that a compensating factor for the benefit of farmers would be to allow them no further setback requirement from the property line than what Deschutes County already requires, which is 25 feet. This helps ensure that we minimize the negative impact a borderline unreasonable distance ban may have on smaller farm parcels, and helps insure that the distance requirement does not become a de facto ban. In Deschutes County, we have several irregularly shaped parcels as well; so affording as many of these small farmers the opportunity to continue to farm their properties needs to be a high-priority consideration for regulating cannabis in a fair and unbiased manner. Closed -Loop Engineered System: This is a requirement of all processing facilities prior to being issued a license by any State of Oregon regulatory agency, so there is no need to discuss this part of the proposal further. Deschutes County Marijuana Advisory Committee Report Page 38 Supporters: Andy Anderson, Matt Cyrus, Hunter Neubauer, Lindsey Pate, and Josh Rodriguez Position against: • Protecting public safety, quality of life, and property values is of utmost importance in rural Deschutes County. • Processing to recover extracts uses solvents and/or high pressure and/or temperature, and have a high risk of explosions and fires. Marijuana concentrate extraction is an industrial process and should only be allowed in industrial areas where fire protection and police oversight are readily available. Processing should not be allowed on RR -10, MUA-10, or EFU independent of setbacks. • The use of closed-loop systems is relatively infrequent and there are not many suppliers with experience to design and construct these systems. Because of the lack of control over the marijuana industry, design standards for these systems are not well developed, making it difficult to know what standard to apply. A safe closed-loop system using dangerous solvents, heat, and pressure will be difficult to adequately certify as Deschutes County has no standard for closed-loop marijuana industry extraction systems. • Any closed-loop system should have annual inspections to verify the condition of the equipment and operability of safety systems. Unfortunately, Deschutes County has no standard or requirement for annual inspections. • Closed-loop systems are dangerous by their nature and standards for the qualifications and training of the personnel operating them do not exist. • A 25 foot setback from a property line and 300 foot setback from the nearest residence does not provide adequate buffer to protect the residential neighborhoods, because of the challenges associated with design standards and dangers of fire and explosion, even with a closed-loop system. Rural residents should not have to live with industrial facilities in a residential neighborhood. There is no acceptable setback for extraction facilities in RR -10, MUA-10, or EFU that are not in industrial settings. These are rural residential neighborhoods, not industrial parks. • If situated in an industrial area, the standard for the setback in the industrial area should apply. • The proposal references a "residence (or the proposed location of a dwelling unit under application) not on the same property." If an extraction unit is built next to a residential property in RR -10, MUA- 10, or EFU, the value of the all properties in the area, not just adjacent properties, will be negatively impacted as long as the extraction unit exists. Supporters: Sam Davis, Tim Elliott, Larry Fulkerson, and Liz Lotochinski 53. Processing extracts in EFU requires a minimum parcel size of 10 acres and setbacks of 100 feet from the lot line and 300 feet from a residence (or the proposed location of a dwelling unit under application) not on the same property; closed-loop engineered system required. Position in favor: None submitted. Supporters: Position against: None submitted. Supporters: 54. Processing extracts in EFU requires setbacks of double the current County Code requirement plus additional setback of 300 feet from a residence (or the proposed location of a dwelling unit under application) not on the same property. Position in favor: Deschutes County Marijuana Advisory Committee Report Page 39 In an effort to reach consensus, we proposed double the regular implemented setback for processing on EFU land. The required county setback is variable depending on whether the setback is from a road or property line. While consensus was not reached with 6 green cards, 3 yellow cards, and 4 red cards, this proposed regulation for processing is line in with our Deschutes County Comprehensive Plan, Section 2.2, Agricultural Lands Policies, as processed cannabis is a viable niche market and results in high value farm products. These proposed setbacks are additional standards that would be used in conjunction with the clear regulations already in place for the processing of farm crops in our County Code, Chapter 18.16.025. These regulations include • Requiring that processing facilities located on a farm operation provide at least one-quarter of the farm crop processed at the facility. • Limiting farmers to 10,000 square feet of building to be used in matters of processing. • Processing facilities must comply with all applicable siting standards but the standards shall not be applied in a manner that prohibits the siting of the processing facility. Supporting onsite processing is beneficial as it reduces any potential risk to public safety in regards to the transportation of large quantities of raw material into the city or another processing facility. In addition, farmers will benefit from in-house processing by allowing them to specialize in craft products. In-house processing also benefits our community by creating more jobs and greater economic growth. Because processing will occur inside a building, implementing greater setbacks offer no added value to the proposed regulations. Large property line setbacks may also have the unintended consequence of pushing infrastructure into areas less suitable for agricultural technology and away from areas that are more suited for it. After an in-depth discussion on this by our committee, the question remains: what nuisance is a large lot line setback mitigating? Coupling the doubled lot line setback with a 300 foot setback from a permitted residence not located on the same tax lot directly addresses the potential nuisance related to cannabis processing, as cannabis processing must take place inside a building per state statute and our MAC came to consensus on odor control. Supporters: Andy Anderson, Matt Cyrus, Hunter Neubauer, and Lindsey Pate Position against: • Protecting public safety, quality of life, and property values is of utmost importance in rural Deschutes County. • All processing to recover extracts uses solvents, high pressure, and/or temperature and have a high risk of explosions and fires. Marijuana concentrate extraction is an industrial process and should only be allowed in industrial areas where fire protection and police oversight is readily available. This should not be allowed on RR -10, MUA-10, or EFU. ■ Use of closed-loop systems is relative infrequent, and there are not many suppliers with the required experience to design and construct these systems. Because of the lack of control over the marijuana Deschutes County Marijuana Advisory Committee Report Page 40 industry, design standards for these systems are not well developed, making it difficult to know what standard to apply. A safe closed-loop system using dangerous solvents, heat, and pressure may be difficult to certify, and Deschutes County has no standard for closed-loop marijuana industry extraction systems. ■ Any closed-loop system should have annual inspections to verify the condition of the equipment and operability of safety systems. Unfortunately, Deschutes County has no standard or requirement for annual inspections. • Closed-loop systems are dangerous by their nature and standards for the qualifications and training of the personnel operating them do not exist. • Doubling Deschutes County standards from a property line and requiring a 300 foot setback from the nearest residence does not provide an adequate buffer to protect the residential neighborhoods because of the challenges associated with design standards and dangers of fire and explosion, even with a closed-loop system. • There is no acceptable setback for extraction facilities in RR -10, MUA-10, or EFU that are not industrial settings. These are rural residential neighborhoods, not industrial parks. • If situated in an industrial area, the standard for the setbacks in the industrial area should apply. ■ The proposal refers to a "residence (or the proposed location of a dwelling unit under application) not on the same property." If an extraction unit is built next to a residential property in RR -10, MUA- 10, or EFU the value of the all properties in the area, not just adjacent properties, will be negatively impacted as long as the extraction unit exists. Supporters: Sam Davis, Tim Elliott, Larry Fulkerson, and Liz Lotochinski 55. Processing extracts in EFU requires setbacks of 200 feet from the lot line and 300 feet from a residence (or the proposed location of a dwelling unit under application) not on the same property. Position in favor: None submitted. Supporters: Position against: None submitted. Supporters: 56. Processing extracts in EFU requires a setback of 300 feet from a residence (or the proposed location of a dwelling unit under application) not on the same property. Position in favor: The Marijuana Advisory Committee convened to recommend regulations that would address community livability concerns related to cannabis processing. Eleven of us agreed that a 300 foot setback from a permitted residence not located on the same tax lot is an effective way to mitigate nuisance of the agricultural practice. The near -unanimous support for this proposal followed our discussion of extract processing and it assumes that extracts would be subject to more stringent regulations than production, but would not be banned outright. Unlike a lot line setback, which can have unintended consequences such as disallowing the use of an existing structure that has been well tolerated by neighbors or pushing farming infrastructure closer to a residence, a residential setback creates a buffer around a permitted dwelling that is not located on the same property. Deschutes County Marijuana Advisory Committee Report Page 41 Furthermore, a 300 foot setback from a permitted residence not located on the same tax lot supports the goals outlined in the Deschutes County Comprehensive Plan, Section 2.2, Agricultural Lands Policies as a workable policy for farmers and considerate to our county residents. These goals include ■ Promoting diverse agricultural economies, • Supporting stakeholders in viable activities, and • Supporting small farmers and encouraging niche markets and high value farm products. It is important to note that these setbacks are additional standards that would be used in conjunction with the clear regulations already in place for processing of farm crops in our County Code, Chapter 18.16.025. These regulations include • Requiring that processing facilities located on a farm operation provide at least one-quarter of the farm crop processed at the facility. • Limiting farmers to 10,000 square feet of building to be used in matters of processing. ■ Processing facilities must comply with all applicable siting standards but the standards shall not be applied in a manner that prohibits the siting of the processing facility. Supporters: Andy Anderson, Matt Cyrus, Alison Hohengarten, Hunter Neubauer, and Lindsey Pate Position against: • Protecting public safety, quality of life, and property values is of utmost importance in rural Deschutes County. • All processing to recover extracts uses solvents, high pressure, and/or temperature and have a high risk of explosions and fires. Marijuana concentrate extraction is an industrial process and should only be allowed in industrial areas where fire protection and police oversight is readily available. This should not be allowed on RR -10, MUA-10, or EFU. • Use of closed-loop systems is relative infrequent. Therefore, there are not many suppliers with required experience to design and construct these systems. Because of the lack of control over the marijuana industry, design standards for these systems are not well developed, which makes it difficult to know what standard to apply. A safe closed-loop system using dangerous solvents, heat, and pressure will be difficult to certify because Deschutes County has no standard for marijuana industry closed-loop extraction systems. ■ Every closed-loop system should have annual inspections to verify the condition of the equipment and operability of safety systems. Unfortunately, Deschutes County has no standard or requirement for annual inspections. • Closed-loop systems are dangerous by their nature and standards for the qualifications and training of the personnel operating them do not exist. ■ There is no acceptable setback for extraction facilities in RR -10, MUA-10, or EFU that are not industrial settings, because of the challenges associated with design standards and dangers of fire and explosion, even with a closed-loop system. A 300 foot setback from the nearest residence does not provide an adequate buffer to protect the residence. These are rural residential neighborhoods, not industrial parks. ■ If situated in an industrial area, the standard for the setbacks in the industrial area should apply. • The proposal refers to a "residence (or the proposed location of a dwelling unit under application) not on the same property." Ilan extraction unit is built next to a residential property in RR -10, MUA- 10, or EFU the value of the all properties in the area, not just adjacent properties, will be negatively impacted as long as the extraction unit exists. Supporters: Sam Davis and Liz Lotochinski Production and Processing in EFU: Setbacks (not including processing extracts). Deschutes County Marijuana Advisory Committee Report Page 42 (Please note: The following setback proposals, #57-64, assumed that processing extracts would not be banned, but rather addressed with perhaps more stringent standards, as noted above in proposals #51- 56.) 57. For new production and processing operations in EFU, not including extracts, require the County minimum setbacks plus a 300 -foot setback from any residence (or the proposed location of a dwelling unit under application) not on the same property. Position in favor: As cited from Deschutes County Code: Chapter 18.16. EXCLUSIVE FARM USE ZONES 18.16.010. Purpose. A. The purpose of the Exclusive Farm Use zones is to preserve and maintain agricultural lands and to serve as a sanctuary for farm uses. Main purpose of this proposal: To protect residences. To protect farmers. To help defend and give guidance to those who have and wish to comply with the purpose outlined in Deschutes County Code cited above and specifically to reasonably regulate a farm use. The purpose of this proposal is to allow residences a greater chance to mitigate the potential nuisances of noise, odor, and light associated with cannabis processing and production by establishing a larger than normal setback from legally established single family residences. While protecting residents is at the front of our minds, we also remind ourselves this is Exclusive Farm Use property. Keeping the rights of farmers in mind, we also wish to allow farmers the right to produce and process cannabis, as long as they meet the larger than normal setback requirement and are not restricted by unreasonable further regulations or additional setback requirement in property that is zoned Exclusive Farm Use. How it helps residences: Keeping in mind that this zone is meant for farming, and that producing and processing cannabis clearly meets the definition of a farming activity, our feeling is that a 300 foot setback is a very generous buffer that will help give proper distance should any unfortunate event happen at the licensed location no matter how unlikely that may be. We realize that this buffer may indeed disqualify several Exclusive Farm Use properties in Deschutes County from producing or processing cannabis, which is a farm crop; but protection and respect of those residences and the people who occupy them was a large consideration and why we proposed such a large buffer. The feeling from our side is that anything beyond this proposal or imposing any further setback restrictions/requirements in the Exclusive Farm Use Zone would be unreasonable because, again, this is Exclusive Farm Use. How it helps farmers: While 300 feet is arguably an unreasonable setback requirement that may harm several Exclusive Farm Use properties, we feel that a compensating factor for the benefit of farmers would be to allow them no further setback requirement from the property line than what Deschutes County already requires, which is 25 feet. This helps ensure that we minimize the negative impact a borderline unreasonable setback may have on smaller farm parcels and help insure that the distance requirement doesn't become a de facto ban. In Deschutes County, we have several irregularly shaped parcels as well; so affording as many of these small farmers the opportunity to continue to farm their properties needs to be a high-priority consideration for regulating cannabis in a fair and unbiased manner. Supporters: Andy Anderson, Matt Cyrus, Jeff Ingelse, Hunter Neubauer, Lindsey Pate, and Josh Rodriguez Position against: Deschutes County Marijuana Advisory Committee Report Page 43 • The MAC was charged to develop reasonable time, place, and manner land use regulations to mitigate the impacts of medical and recreational businesses in unincorporated Deschutes County. • County setbacks are currently as follows: 18.16.070. Yards. A. The front yard shall be a minimum of: 40 feet from a property line fronting on a local street, 60 feet from a property line fronting on a collector street, and 100 feet from a property line fronting on an arterial street. B. Each side yard shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with side yards adjacent to property currently employed in farm use, and receiving special assessment for farm use, the side yard shall be a minimum of 100 feet. C. Rear yards shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with a rear yard adjacent to property currently employed in farm use, and receiving special assessment for farm use, the rear yard shall be a minimum of 100 feet. Chapter 18.16 32 (03/2016) D. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. • Nuisances include visual impact of Fort Knox -looking processing and production sites surrounded by fencing, security cameras, no -trespassing signs, and the number of employees and suppliers frequenting these locations. • Actually, Fort Knox (see photo to the right) looks pretty good compared with some marijuana grow sites. • Many marijuana grow sites have ancillary, unsightly clutter such as repurposed cargo storage containers, old truck trailers, propane tanks, pesticide holding tanks, outbuildings, old vehicles, delivery containers, and support equipment. This blight is typically located around the grow buildings. • Marijuana grows invite theft and encourage criminal elements to prey on rural areas. • Odors from outdoor grows travel thousands of feet, effectively trespassing onto nearby properties and public areas. • Highly impressionable youth, even those educated by their parents or schools on the dangers of pot consumption by young people, will view marijuana as a normalized element of the community if grow and processing facilities are sited without sufficient setbacks. • Setbacks as proposed here will destroy views, increase risk to public safety, create odor pollution, influence youth by normalizing pot in their lives, and detrimentally affect the enjoyment of all individuals who use and enjoy Deschutes County: residents, owners, children, visitors, cyclists, guests, tourists, etc. • Protecting public safety, quality of life, and property values should be the priorities of Deschutes County Commissioners. Supporters: Sam Davis and Liz Lotochinski 58. For production and processing operations in EFU, not including extracts, require setbacks of 200 feet from a lot line and 300 feet from any residence (or the proposed location of a dwelling unit under application) not on the same property. Position in favor: None submitted. Supporters: Position against: None submitted. Deschutes County Marijuana Advisory Committee Report Page 44 Supporters: 59. For production and processing operations in EFU, not including extracts, require setbacks of 100 feet from the lot line and 300 feet from any residence (or the proposed location of a dwelling unit under application) not on the same property. Position in favor: This proposal received only 2 red cards, the rest green and yellow. This proposal is very similar to the County's original staff proposal and came about after extraction standards were discussed. It is important to note this proposal assumes that extract processing would have a more stringent set of standards, but not be banned outright. In our County Code Chapter 18.16.010, land zoned for Exclusive Farm Use has the clear purpose to be used for farming. A larger residential setback coupled with a reasonable lot line setback supports agricultural opportunities and farm stakeholders while showing consideration for adjacent rural residents. A 300 foot setback from any residence not on the same tax lot is a regulation that gets straight to the issue at hand, mitigating any potential nuisance from farming practices. Enforcement of a property line setback greater than 100 feet, on the other hand, would push agricultural infrastructure to land that is less suitable for production or processing and closer to roads and dwellings not located on the same tax lot. This is especially true for unconventionally shaped lots and larger parcels. In our County Code Chapter 18.16.038, EFU zoned land greater than 15 acres may operate a winery with a lot line setback of at least 100 feet, unless the County grants an adjustment or variance allowing the setback of less than 100 feet. There is no additional setback from adjacent neighbors. A study referenced in the Deschutes County Comprehensive Plan, Section 2.2, Agricultural Lands Policies found that Deschutes County's unique climate and short growing season mean that it is harder to create economic stability on large lots in our county. A crop like cannabis that can be farmed in our harsh climate offers is real economic potential for local farmers on properties that have been properly zoned and classified. Reasonable setbacks, like the ones in this proposal, support appropriate agricultural uses on our EFU land. Supporters: Andy Anderson, Matt Cyrus, Jeff Ingelse, Hunter Neubauer, and Lindsey Pate Position against: • The MAC was charged to develop reasonable time, place, and manner land use regulations to mitigate the impacts of medical and recreational businesses in unincorporated Deschutes County. • Nuisances include the visual impact of Fort Knox -looking processing and production sites surrounded by fencing, security cameras, no -trespassing signs, and the number of employees and suppliers frequenting these locations. • Many marijuana grow sites have ancillary, unsightly clutter such as repurposed cargo storage containers, old truck trailers, propane tanks, pesticide holding tanks, outbuildings, old vehicles, delivery containers, and support equipment. This blight is typically located around the grow buildings. • Marijuana grows invite theft and encourages criminal elements to prey on rural areas. Deschutes County Marijuana Advisory Committee Report Page 45 • Odors from outdoor grows travel thousands of feet, effectively trespassing onto nearby properties and public areas. ■ Highly impressionable youth, even those educated by their parents or schools on the dangers of pot consumption by young people, will view marijuana as a normalized element of the community if grow and processing facilities are sited without sufficient setbacks. ■ Setbacks as proposed here will destroy views, increase risk to public safety, create odor pollution, influence youth by normalizing pot in their lives, and detrimentally affect the enjoyment of all individuals who use and enjoy Deschutes County: residents, owners, children, visitors, cyclists, guests, tourists, etc. • Protecting public safety, quality of life, and property values should be the priorities of Deschutes County Commissioners. Supporters: Sam Davis and Liz Lotochinski 60. For production and processing operations in EFU, not including extracts, ■ Require setbacks of 200 feet from the lot line and 300 feet from a residence (or the proposed location of a dwelling unit under application) not on the same property for grow sites in a building; and ■ Require setbacks of 200 feet from the lot line and 1,000 feet from a residence (or the proposed location of a dwelling unit under application) not on the same property for grow sites outside of a building. Position in favor: • Protecting public safety, quality of life, and property values is of utmost importance in rural Deschutes County. • Visual impacts are a major concern to neighborhoods. These larger setbacks will help mitigate the visual impacts. Division 25 Section 845-025-1410 states that licensees must provide security systems that include commercial grade, non-residential door locks installed on every external door of licensed premises where marijuana items are present and fences topped with razor or barbed wire. Fences topped with razor or barbed wire create a prison -like atmosphere. These impacts cannot be mitigated with only questionable screening that will take years to develop even if adequately maintained. These greater setbacks are necessary to increase the buffer between the grow facilities and neighboring residences. ■ The majority of marijuana industry facilities typically have ancillary, unsightly clutter associated with them: 'temporary' large storage containers, old 40 foot truck trailers, propane tanks, outbuildings, old vehicles, delivery containers, and support equipment that are allowed under insufficient County codes that do not require permits for 'temporary' facilities (which typically exist for years). This ancillary clutter is typically located near the grow buildings. The larger setbacks proposed here are more likely to keep this clutter further from neighboring residences. • Marijuana grows invite theft and encourages criminal elements to prey on our rural areas. These greater setbacks would increase the buffer between this type of negative activity and neighboring residences. ■ The odors from an outdoor grow will travel far in excess of 1,000 feet, which makes a 1,000 foot setback the minimum that should be required. Supporters: Sam Davis, Larry Fulkerson, and Liz Lotochinski Position aeainst: This proposal is not workable for cannabis producers and processors, and specifically the 200 foot setback from a lot line and the 1,000 foot setback from a residence not located on the same tax lot. Deschutes County Marijuana Advisory Committee Report Page 46 Because it is harder to create economic stability in our harsh growing environment as found in a study referenced in the Deschutes County Comprehensive Plan, Section 2.2, Agricultural Lands Policies, smaller parcels of EFU land were created to ensure that agricultural land was preserved. Large setbacks work against the goals laid out in the same section of the Comprehensive Plan. These goals include • promoting diverse agricultural economies, • supporting stakeholders in viable activities, and • supporting small farmers and encouraging niche markets and high value farm products. A crop like cannabis that can be farmed on small lot sizes means that there is real economic potential for small farmers on properties that have been properly zoned and classified. The 300 -foot setback from a permitted residence not located on the same tax lot is adequate to address mitigation concerns for residences on adjacent properties. The 200 -foot setback holds no pragmatic purpose in our code. In many cases, enforcement of a 200 -foot property line setback will push agricultural infrastructure to land that is less suited for the production or processing and closer to roads and dwellings not located on the same tax lot. This is especially true for non-traditional shaped lots and larger parcels. A 200 -foot setback takes up valuable farmland that can be used without a direct correlation to a neighboring residence as the primary concern. The 1,000 -foot setback from all lot lines for cannabis production not inside a building, as defined by our production talks, is unnecessarily large; however, it is a workable concession in order to reach consensus. It is noteworthy that when this proposal was tested by changing the 200 -foot lot line setback to 100 feet, the change in the property setback to 100 feet was enough to gain support by the cannabis business community represented on the MAC. Our committee very nearly reached consensus on this alternative proposal — it received only two red cards. In our County Code Chapter 18.16.010, EFU-zoned land has the clear purpose to be used for farming. Unnecessarily burdensome setback requirements on EFU will not support local farm stakeholders and agricultural opportunities. Instead, the suggestions in this proposal would discourage an economically viable and value-added farm crop, in addition to creating a high barrier of entry for small farming enterprises and niche markets. Supporters: Andy Anderson, Matt Cyrus, Hunter Neubauer, and Lindsey Pate 61. For production and processing operations in EFU, not including extracts, include language in the setback regulations similar to, "unless a variance is granted." Position in favor: This proposal was put forward, in part, to address the fact that there are so many odd -shaped parcels and varying acreage sizes and situations that are best decided on a case-by-case basis. There certainly may be circumstances where particular geographical considerations, adjacent property owner relations, etc., are such that the stated setback requirements actually cause a non -desirable or unreasonable outcome for the properties at issue. This is where the application for a variance is the perfect option. Given the fact that applying for a variance is already a possibility in most land use applications, this proposal seemed like a slam-dunk consensus recommendation, yet it was met with opposition. This proposal merely recited what is already law in Deschutes County and was proposed because we wanted Deschutes County Marijuana Advisory Committee Report Page 47 to make sure people specifically understood that applying for a variance under these potential zoning laws was an option, in order to promote our efforts to be reasonable in time, place, and manner. We used the example of what is currently allowed for wineries in Deschutes County and tried to present language that mimicked the same. Deschutes County Code Chapter 18.16.038, EFU zoned land greater than 15 acres is permitted to operate a winery with a lot line setback of at least 100 feet, unless the County grants an adjustment or variance allowing the setback of less than 100 feet. Deschutes County Code 18.132.010-040. Additionally, a purpose of the variance language in this case was to better fulfill the Deschutes County Comprehensive Plan, Section 2.2, Agricultural Lands Policies, as a potential workable option for farmers that is specifically considerate to their nearby neighbors. There is no reasonable argument to oppose this proposal since it is essentially already the law of the land that variances are possible. There was no argument offered against this proposal, yet we did not reach consensus. The outcome of this offered proposal speaks for itself. Supporters: Andy Anderson, Matt Cyrus, Alison Hohengarten, Hunter Neubauer, and Lindsey Pate Position against: None submitted. Supporters: Liz Lotochinski 62. For production and processing operations in EFU, not including extracts, allow neighbors to sign an agreement to allow lesser or no setbacks, which agreement would be binding on future owners. Position in favor: None submitted. Supporters: Position against: None submitted. Supporters: 63. For production and processing operations in EFU, not including extracts, existing fully -enclosed lawfully -permitted agricultural buildings (not including hoop houses), that were in place as of the date of the Board's decision, are exempt from the lot line setback requirement, and are required to be 300 feet from a residence (or the proposed location of a dwelling unit under application) not on the same property. Position in favor: As Cited from Deschutes County Code: Chapter 18.16. EXCLUSIVE FARM USE ZONES, 18.16.010. Purpose. A. The purpose of the Exclusive Farm Use zones is to preserve and maintain agricultural lands and to serve as a sanctuary for farm uses. Definition of "Grandfathering Clause:" A clause exempting certain classes of people or things from the requirements of a piece of legislation affecting their previous rights, privileges, or practices. Main Purpose of this proposal: To reduce environmental impact. To protect existing lawfully -established farm structures and promote the use and/or reuse of them to reduce the environmental impact from new construction on EFU-zoned land. To protect residences. To protect farmers. To help defend property rights and give guidance to those who have complied and wish to comply with the purpose outlined in Deschutes County Code cited above and specifically to reasonably regulate a farm use. Deschutes County Marijuana Advisory Committee Report Page 48 How it helps residences: Though we cannot say for sure, it would be reasonable to surmise there are several existing lawfully -established farm structures on EFU property in Deschutes County. Keeping in mind that this zone is meant for farming, and that producing and processing cannabis clearly meets the definition of a farming activity, our feeling is that a 300 foot setback is a very generous buffer in any zone, let alone EFU, and that will help give proper distance should any unfortunate event happen at the licensed location no matter how unlikely that may be. We realize that this buffer may indeed disqualify several Exclusive Farm Use properties in Deschutes County from producing or processing cannabis, which is a farm crop, but protection and respect of those residences and the people that occupy them was a large consideration. This is why we proposed such a large buffer. We wanted to specifically carve out these existing farm structures so as long as they meet the requirements of setback requirements from existing residences regardless of future legislation or regulation standards. Any regulation that goes into effect should not negatively affect these existing structures. We should protect these existing structures regardless of any new legislation or change in setback requirements that are made specific to the production and processing of cannabis. Many of these structures were built for the purpose of farm production and processing and should not be disqualified from any farm practice including cannabis. How it helps farmers: While 300 feet from a residence is arguably an unreasonable setback requirement that may harm several Exclusive Farm Use properties, we feel that a compensating factor for the benefit of farmers would be to allow them no further setback requirement from the property line than what Deschutes County already requires, which is 25 feet, so long as the building was built as stated in the proposal. This helps ensure that we minimize the negative impact a borderline unreasonable distance requirement may have on smaller farm parcels and help insure that the distance requirement doesn't become a de facto ban. In Deschutes County, we have several irregularly shaped parcels as well; so affording as many of these small farmers the opportunity to continue to farm their properties needs to be a high-priority consideration for regulating cannabis in a fair and unbiased manner. Supporters: Andy Anderson, Matt Cyrus, Hunter Neubauer, Lindsey Pate, and Josh Rodriguez Position against: None submitted. Supporters: Liz Lotochinski 64. For production and processing operations in EFU, not including extracts, unless a variance is granted or waivers (that would run with the land) are signed by adjoining property owners, require setbacks of 100 feet from the lot line and 300 feet from any residence (or the proposed location of a dwelling unit under application) not on the same property; except that for production sites that are not fully enclosed in a building, the setback from that residence shall be 1,000 feet. Position in favor: The MAC came close to consensus on this item with 11 in favor or indicating they could "live with" the proposal and 2 opposed. This proposal requires a 100 foot setback from the property line as a minimum in all instances for indoor grows, a 300 foot setback from any residence, and with regard to outdoor grows, a 1,000 foot setback. This would potentially mitigate multiple impacts attendant to the required eight foot fences, security cameras, signs at entrances to that portion of a property constituting a licensed premises, the presence of security cameras, the noise of filters and machinery, traffic, etc. While some members feel that with an outdoor grow odor cannot be mitigated, this proposal represents a reasonable attempt to limit the effects of odor by Deschutes County Marijuana Advisory Committee Report Page 49 providing a larger setback for such. This proposal also gives some control to affected property owners by allowing neighbors to agree to a covenant ("waiver") that would run with the land, similar to what is allowed by DCC related to surface mining. Supporters: Tim Elliott and Larry Fulkerson Position against: None submitted. Supporters: Production and Production in EFU: Separation 65. For production and processing in EFU: • Separation is required of 1,000 feet from "protected locations" defined as public and private elementary and secondary schools, licensed child care centers (excluding in-home child care), licensed pre-schools, national monuments and state parks, all approved/licensed youth activity centers, churches, public playgrounds, meeting places available for rent, and public libraries. • Separation is required of 3 miles between all OLCC licenses for production and processing. ■ A change in use (e.g., a new school) shall not cause a violation of this standard. • Separation is to be measured from the lot line of the "protected location." Position in favor: • The MAC was charged to develop reasonable time, place, and manner land use regulations to mitiaate the impacts of medical and recreational businesses in unincorporated Deschutes County. • Consensus was reached on having a 1,000 foot separation between marijuana retail locations and protected locations, and requiring the same buffer for marijuana production and processing is just as necessary. • Marijuana processing and production sites are highly visible with their required fencing, security cameras, no -trespassing signs, and the number of employees and suppliers frequenting these locations. • These sites lure the criminal element seeking the high-value crop and the associated cash, since these businesses do not have easy access to banks. • Rural Deschutes County is the home for numerous youth who use the rural roads for their bus stops, walks home, and bike paths. • Highly impressionable youth, even those educated by their parents or schools on the dangers of pot consumption by young people, will view marijuana as a normalized element of the community if grow and processing sites are located near the protected locations. • The separation of three miles between production and processing facilities will prevent a cluster of marijuana sites excessively affecting nearby properties with 24/7 nuisances, and will reduce the localized pressure on utilities (water, power, roadways, etc.). • Lot line to lot line measurement provides the county with a defined measurable distance. Supporters: Sam Davis and Liz Lotochinski Position against: None submitted. Supporters: Matt Cyrus 66. There is no separation requirement for production and processing in EFU. Position in favor: None submitted. Supporters: Matt Cyrus Position against: None submitted. Deschutes County Marijuana Advisory Committee Report Page 50 MARIJUANA RETAIL AND WHOLESALE SUMMARY OF ZONES FOR CONSIDERATION TO ALLOW Zone 1 18.65 RURAL SERVICE CENTER - UC 18.65.020 Commercial Mixed Use District (Brothers, Hampton, Millican, Whistlestop, Wildhunt) 18.65.021 Commercial Mixed Use (Alfalfa) 18.66 TERREBONNE RURAL COMMUNITY 18.66.040 Commercial -TeC 18.66.050 Commercial Rural - TeCR ORIGINAL PROPOSAL PLANNING COMMISSION RECOMMENDATION Permitted (P) Conditional Use (CU) Not Allowed (-) Retail Wholesale Retail Wholesale (Recreational) (Recreational) P -office only Office Only CU -with NO storage storage TITLE 18 — Deschutes County.... MAC RECOMMENDATIONS Retail Wholesale] (Recreational) Consensus: Office Only Consensus Consensus CU P CU P CU P CU P CU P CU P P P P/CU CU P/CU CU P P CU CU 18.67 TUMALO RURAL COMMUNITY 18.67.040 Commercial -TuC P P/CU CU P CU 18.67.060 Industrial -Tul CU - CU - CU 18.74 RURAL COMMERCIAL 18.74.020 Deschutes Junction and CU CU CU Deschutes River Woods Store 18.74.025 Spring River CU CU - CU 18.74.027 Pine Forest and CU P CU P CU Rosland 18.100 Rural Industrial CU CU - CU 18.108 SUNRIVER UUC 18.108.050 Commercial - SUC CU P CU P CU 18.108.055 Town Center - TC CU - CU CU 18.108.110 Business Park —SUBP CU P/CU CU P CU TITLE 19 — BEND URBAN. AREA ZONING ORDINANCE No Marijuana Related Businesses Allowed TITLE 20 - REDMOND URBAN AREA ZONING ORDINANCE No Marijuana Related Businesses Allowed TITLE 21- SISTERS URBAN AREA ZONING ORDINANCE No Marijuana Related Businesses Allowed P P P P P P Related definitions originally proposed and recommended by the Planning Commission "Marijuana retailing" means the sale of marijuana items to a consumer, provided that the marijuana retailer is licensed by the Oregon Liquor Control Commission for recreational marijuana sales or registered with the Oregon Health Authority for medical marijuana sales. "Marijuana wholesaling" means the purchase of marijuana items for resale to a person other than a consumer, provided that the marijuana wholesaler is licensed by the Oregon Liquor Control Commission. MARIJUANA RETAIL z 0 _§ - § 0 cc k \ \ 2 -z ■ C q 0 a Definition originally proposed and recommended by the Planning Commission for medical marijuana sales. \/ o k558 \nIt 5 • • ORIGINAL PROPOSAL MAC RECOMMENDATIONS 0 co §_ 0a TEZ ZIT VIETg §)�\\E \k{\\ `[ k§ E2■ :Eat ENE 111 ORIGINAL PROPOSAL MAC RECOMMENDATIONS )tk!) z8 5 o eeEtjjj 2 �■8 -- k�|}!22\\|7 u}o230k6§ $) `k {Bt a;=Ici;•f�a�ay,2,:i§| #e.�ƒ)\k82 2 }\.|{!}_ {f�In sikji ƒ\\ )zƒ§D}\ -(l« \' ||k\ii _§! k§$1-:sti iini!§k\ §f fii{J 120 3§ƒ 7:00 a.m. to 10:00 p.m. 9:00 a.m. to 7:00 p.m. 10:00 a.m. to 9 p.m. 10:00 to 7:00 p.m. 10:00 to 7:00 p.m.- a0 S C 0 Z O O W u z Z � o -u �u a tt z oz IR0 2a g0 o u 2 2 z z 0 Z w ORIGINAL PROPOSAL MAC RECOMMENDATIONS 8 a E E E � Z o o | r \! 2 =�g▪ � - ] % �� ]\ e z ,] a{Q# a ;.B/rfarl8§« O 0C )\ §$E! t 1 -0 r, -0 r\ ,.!!_ - Q,E;G;5;;f!' 2 E •= !|;§ { - !®«�:}r ,E2 -t77;1712.9. �aEa-�° RI7-01.s •0 `e, E = „ g!_6�� .E.,.2®==��z�-r,l;�@��! ) w - t., §§f7§§2§■§r■ !:«I.\2VZ *e2 -.5r �e=o7,�«l.±=o-5e,m ORIGINAL PROPOSAL w EE oo. MARIJUANA WHOLESALE Definition originally proposed and recommended by the Planning Commission: 0 u3 0 E O d C G 0 2 E 0 Z a O o n Q U 0e3 v 0Z z 2 v O 2 ID c Y 0 a u WI 01r tu O 0 M X .c M 0 40 W M n O ° 5 u Q w u o _ 3 ° U' O Q Zvwiz W zg� 2E 5 E 2 0-00 O u W 00 0 O a soi2 0 cL L 0 0 0 ORIGINAL PROPOSAL v a O Oc o 2 ![I o -o w Z. c v 0u a Em .0 0 0 2 y a d N c .a �v a u O V 0 w c2 u • O 0 W3r N E p_ o Q car d N Z N° E L W h ip 0 00 'C O Z o N O a O N O W G O v y m E 00 c 0 0 3 m c i MAC REC( 'Is a 0 3 0 0 0 u 6 d 00 228 0 0 M 3 0 0 E A LL at Home Occupation N/A because no storage is allowed. 0 0 25oA 0. 0) N c E H O 0. u C l0 O C N/A because no storage is allowed. Co -location Outdoor storage is prohibited. N/A because no storage is allowed. Outdoor Storage CE 5 c � o = u E� 23 0 0 m 732 o " n � a o - > O v m a E2 o ‘4.1a1 a a Y E v c o Samples/Consumption N/A because no storage Is allowed. Not considered. 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E -71-E, Z m O m Y N ` 0 N iT V Z C W r 'Z V. a L a Z' .° C ;p Y m L E -y .m+ w Y q N ▪ w 0 u v m o 0 o a n m E i `o > E g d o m” c 2? c°v t i ;; m ; m' m« m s n S c 5 n¢ m g w w v s o c. s m `o r `o w E m °> 1 3 .c E E `o O 0 <Cg/ � gk B S/ o§ ce oz =24 ■z zoW 'n \§§ 2r CLACKAMAS COUNTY mks .siEul\ - — .52.2 2 o.220 !,#l==«.,E -'rs E5° 5#m2%«,2,l3§ /\\j,\\}}\}\\�\)\/j\}\ /o k r 2 k\2 «@{m!! kk;\|$ /`- ¥}/){\ »,7! 77 tca5oo# {)) 76 76»§ 5 % 5,8{§77\ §\/}�-/»#;Ulf{! $E&o.� aa,= -.&,-m« z k:t. ! _ §E \ �\-2 j ha §0 t !I((( 00 \ u f�\\)C)�5 5� :,;,,,2; z2 !'!)#\f`!.\(. z c0 0.n={)\§§9990 )w . _ Q_Ogi2 ¥ -1n�\\\0\}\\\ []|! w w 0 on g ! a _ _ 5.2 a ))§�� {$ D )§{\)k r,6 -7..,..E 2 2 --- _\ =\&)j{}) -o3 .9.02ƒ-8 \5 )2){\)k\\j) ORIGINAL PROPOSAL rsi uJ W J w O j O yWj W a 2 0 cc a Q V O J r Ow K u W K z 0 zea 2 U 2 z W 0 U z Y O 2 ZO Z 5� CLACKAMAS COUNTY ORIGINAL PROPOSAL V) • 0 d v o 0 0 m o v N Q 4u O A A CZ t 0 0 q uj V• Z OC -9CC W e . 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O « LU• m`' m `ov °, 3 ? vvi E asy'6 t8 00c v p ,L„ m n u o. • Z Security Cameras o 614A. )k §Z §5 0 \\ ORIGINAL PROPOSAL 2] ORIGINAL PROPOSAL §ia` <e (\ }\}\ \ [ 02 k} �0 \ k aaa. 0.0 cuk 5) J ala. 7 -910 \\ Ck- O 2 ti tfl Rs 43 To E.20 0 a. na leaves or flowers have been in stituents of mari a.8 \ ids or dried ma O u N L L m al Lf OJ .0 0 A a — a 0 E 0 Z. u a £ 0 4: 0 m 0 m E a 7 t j O C a C O O 0 'O C O O. C 8 .0 N A ? u C G 0 O -o 0. O BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Marijuana Businesses Date: May 2, 2016 Name ✓t4 h l ,R_ ✓l► 14A 6.iL Address ( C.. --CT i710S Phone #s '4) "k iQ -741 ( E-mail address 'IA Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Rel ting to Marijuana Businesses Date: May 2, 2016 Name Ou-✓ V l- , \r\ Address t 0 C� (-) �:F '. of LU iA ( \ ferA 6.)K Phone #s r \ C 0\a4 \eAcd E-mail address O(, (_) ( f -n tdC) ► C,�`�� Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. No BOARD OF COMMISSIONERS' ET G REOUEST TO SPEAK Subject: Land Use Issues Relating to Marijuana Businesses Date: May 2, 2016 Name Z Ub+-0(AbaSk%k Address tk“ C-bS(i Ave- 4‘q -c `01L Phone #s E-mail address 11 Lbi-Dg &-c-IA4t1.41c,t ei- Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Marijuana Businesses Date: May 2, 2016 Name --J—EArie 1 - A o Address /2.7; -17 L- e Phone #s E-mail address Submitting written documents as part of testimony? Yes No If so, please give a copy to the Recording Secretary for the record. C3) 64) BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Marijuana Businesses Date: Mav 2. 2016 Name Address Phone #s E-mail address Submitting written documents as part of testimony? Yes dNo If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Marijuana Businesses Date: Mav 2., 2016 Name aliz4 Address 1;yot Phone #s ?7/4, W E-mail ad ess 0/941-1y)uL., /el) Submitting written documents as part of testimony . Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Marijuana Businesses Date: May 2, 2016 Name W Address 1cf8 �� \i`✓ £C? O' m Phone #s q i o -' s E-mail address b.,.1 ci LA 1 d ,n -,c.6 I Submitting written documents as part of testimony? Yes No If so, please give a copy to the Recording Secretary for the record. Subject: Name Address /8 ?25 P "ieN2/5j Phone #s 511 3s - 0 -742 - BOARD 42 - BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Land Use Issues Relating to Mariivana Businesses Date: May 2, 2016 E-mail address �'- q1 e. c7) c0 - Submitting written documents as part of testimony? Yes No If so, please give a copy to the Recording Secretary for the record. '"Y l> 2-"/ 6 BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Land Use Issues Relating to Marijuana Businesses Date: Mav 2, 2016 Name 0� rv,, Address ri (c) ,e n I (UkiSLJ Phone #s E-mail address Submitting written documents as part of testimony? Yes ri%To If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: May 2, 2016 Name G=r.e.___+- _h ., Ike c ce- S Address I g ct 2- f Pi's eek u r S k 2c1 , Phone #s , c - o --z '4 Z E-mail address ar-, 43 tAtAt c a r,-, Submitting written documents as part of testimony? Yes No S e"+ 6 If so, please give a copy to the Recording Secretary for the record. e y BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relatine to Mariivana Businesses Date: Mav 2 2016 1,A-ANW Name Address 2 °E-171rz) lic\f zarcu t4F-4b. Di? 91-7 a:3 Phone #s StO (91 9 Val E-mail address'OS.--\PM C",- \-7ciZA\ Submitting written documents as part of testimony. Yes If so, please give a copy to the Recording Secretary for the reco BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: Mav 2. 2016 Name Tong c9iie,v Address 550 AI td Se(-- geCimond Z9 (o Phone #s 4 I 564 E-mail address tcqoJe por4 cowl 1'' Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. No BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Marijuana Businesses Date: May 2. 2016 Name Ch h C-f't /) c _ !-1 Address (0 6 5 %--1 1,a nd, 3 Phone #s 503 3 0 3 2121 E-mail address C h n S S j( o �P� 0 t3 Submitting written documents as part of testimony? Yes No If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses, Date: May 2.2016 Name M///.c /f s Address /7905 eASC L---- Phone #s 5v/ 325 /ifs 67 E-mail address /W///Z___ / S Submitting written documents as part of testimony? Yes No If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Marijuana Businesses Date: May 2, 2016 Name D----zi\t-v _S)v, / _5(/V gea r toczi ets Address 7767-3 Phone #s <1/ — 327- -2- 87-3 E-mail address 3.v.,,,,5 -1,6r -4-e> Coo -- Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK No Subject: Land Use Issues Relating to Mariivana Businesses Date: May 2, 2016 C\14 L ow( Name f-~1 Address Phone #s E-mail address CYv Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. No BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK, Subject: Land Use Issues Relating to Marijuana Businesses, Date: Mav 2, 2016, Name j,Q,i / e-- Address 'Address Ga ` 3 d 4-tcµ G 117 Phone #s P)/9 E-mail address d� �%) 9 i �` (7 .' Submitting written documents as part of testimony? Yes LNo If so, please give a copy to the Recording Secretary for the record. A BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses, Date: Mav 2. 2016 Name GV%AJ ibCQ Address 6 u (9 9 kity4F,,e/cAJZ,A,Ax„ .J,&' 5qo5 Phone#s f'(816`3l0^4'1?? E-mail address C) t‘' ,f5 rC9 c2'(, ` C 9 -k Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. No BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: May 2, 2016 cite -cc( iv -1 Address\.) E ,-,_ :),s, ,,---, .,....,.,_ ,:., ol Name Phone #s E-mail address r . Submitting written documents as part of testimony? Yes No If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: May 2, 2016 Name •L:/ (ler 7Lev-' Address 7,3e vt_ ( Phone #s - E-mail address Le ce e /6 A 7f7vi't Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. c© No BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: May 2, 2016 Name \ Address Phone #s E-mail address Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING ZZ) REOUEST TO SPEAK Subject: Land Use Issues Relating to Marijuana Businesses Date: May 2, 2016 Name ',Ari-fg7t0 ( Address /924e (DS/ -7/(1:9\2F -6-'4V) OCZ (r774 Phone #s E-mail address (9047UeirJ e cL. co/4.2 1 Submitting written documents as part of testimony? --Yss If so, please give a copy to the Recording Secretary for the record. No BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: May 2, 2016 Name )5—CMA Address 7/1) Itiu-ri 0402 bP7P,D 9 -no B Phone #s S 4-1 S" -C.3 / 6- 0 /I E-mail address -±"Y LS +-et r\ lr-eLS-c6r Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: May 2, 2016 Name Oci. ,-ce( LA/ IIrci,s Address D`c..) p:ot I Phone #s Si 63A 54-7d E-mail address Submitting written documents as part of testimony? Yes I No If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Lanpl Use Issues R latin2,to Marijuana Businesses Date: Mav 2, 2016 Name Ett1 Address Phone #s E-mail address Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Subject: Name Address Phone #s E-mail address a Qda V 0 Submitting written documents as part of testimony? BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Land Use Issues Relating to Marijuana Businesses Date: Mav 2, 2016 n(__ M-6 \ -725(-) If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING (;) REQUEST TO SPEAK, Subject: Land Use Issues Relating to Marijuana Businesses, Date: Mav 2, 2016 Name r r,AA A Ct� J Address Li R--6„�`o c_� Phone #s E-mail address i r, r, e-4/Mcv Submitting written documents as part of testimony? r Cid yZA _� Yes If so, please give a copy to the Recording Secretary for the record. No BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses, Date: Mav 2, 2016 Name 11 ABX A U45 -i ©K) 6 - Address CO9 ke35 C L t Phone #s 4'1 [ `7 1.€ — © � E-mail address C -P 5 c -A 1E 4 6 c o Submitting written documents as part of testimony? FL Yes If so, please give a copy to the Recording Secretary for the record. No BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: May 2, 2016 Name Address .c0-.71 r's Phone #s E-mail address Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Land Use Issues Relating to Marijuana Businesses Date: May 2, 2016 Name c)(')(- k.)fl Address (9 Dct cY \ So r \Cie\ Phone #s E-mail address Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Marijuana Businesses Date: May 2, 2016 Name Address V2_ Phone #s E-mail address , C-) 2 c.0 Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Subject: Name k) 0-pQ 11 12‘01-Joroof\-a CJC)) Phone #s 56/1 2) 3 BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK No Land Use Issues Relating to Marijuana Businesses Date: May 2, 2016 Address E-mail address 1 Yl tbe_q c hot4.-6 lru ci-471— (/ Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. No BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Land Use Issues Relating to Marijuana Businesses Date: May 2, 2016 Name L -6/14/a14 027', rvw/vm Address /),-1 o itaT 1/1/01-i 0 v) 73 v. a_pA/Ldi &f %77© Phone #s 61(9 - 6 7 5 — -2 4-0 E-mail address Submitting written documents as part of testimony? Yes r14 If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Land Use Issues Relating to Marijuana Businesses Date: May 2, 2016 Name \)-,06 ckaxv.5 Address Is5 INM Ccoxu I. Pvth, Oc (1.7761 Phone #s qjLJQ ic2) E-mail address NkNi..1 .0 e \r - Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: May 2, 2016 ivt, fam)Ikko-VL Axsi (0*(60 Name Address ' _ Phone #s 54 CM E-mail address atos tglyCiVIK Submitting written documents as part of testimony? Yes %con,. If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: May 2, 2016 Name L.4-1-1-2 c( PG( Z. -./e ‘A--/ Address ,..22-32( Jx 4a/P1r-F" /7"' Phone #s 5-ct 99j e er E-mail address e--40,02( ice -g/2 --C14- 1 Submitting written documents as part of testimony? VJ Yes If so, please give a copy to the Recording Secretary for the record, No BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: Mav 2, 2016 Name Address 6 06 31 ze_knotAA v -4/r I Phone #s 05-- 7, E-mail address Sm. aSubmitting - Submitting written documents as part of testimony? Yes ifj No If so, please give a copy to the Recording Secretary for the record. -k BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use 19sues Re atin to Marijuana Businesses Date: Mav 2, 2016 Name fru Address 0 evt/-)11 QIf _ Phone #s 5 E-mail address Submitting written documents as part of testimony? Yes No If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: Mav 2, 2016 Name bnn <06( 0*, Address 1 < iPcLA 1 iCA Phone #s E-mail address 4a) A ),--) /9 nfri Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Ne'f4C0' BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK No Subject: Land Use Issues Relating to Marijuana Businesses Date: Mav 2, 2016 Name 6 kc 'J Address (0')-2D- 0‘(\,(*:r\- _IF-ThsZ_V\O , CD -9-0 Phone #s `? C0,6 S s E-mail address bv e V\ Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. No LU BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Land Use Issue Relating to Marijuana Businesses Date: May 2, 2016 '7. /1414 Name Address Phone #s (521 ) E-mail address Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. z BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK No Subject: Land Use Issues Relating to Marijuana Businesses Date: May 2, 2016 Name 4HOGln (f)) 2c1 •C‘3o 66. 1,, Address Phone #s ,c te's1 E-mail address GJ^,0 he" k Submitting written documents as part of testimony? If so, please give a copy to the Recording Secretary for the record. No Lf( BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Land Use Issues Relating to Marijuana Businesses Date: May 2, 2016 Name Or77_,0 Address s (_)/ ar Dc. Phone #s E-mail address \C-010 poz-, Submitting written documents as part of testimony? Yes No If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Marijuana Businesses Date: May 2, 2016 Name Address /---?& 352f)(f) 2? s 7-e,7 7 7,5 7 Phone #s E-mail address Submitting written documents as part of testimony? fes If so, please give a copy to the Recording Secretary for the record. No 3 Lig Subject: Name Address Phone #s BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Land Use Issues Relating to Mariivana Businesses Date: May 2, 2016 e < 7r72 S72' 7 V E-mail address 9 7 • e = 2 Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Subject: Name Address Phone #s BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK d Use Issues Relating to Mariivana Businesses e/1. E-mail address 0- o'n, , jj C C) Date: May 2, 2016 Submitting written documents as part of testimony? If so, please give a copy to the Recording Secretary for Yes the record. No LI BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK '-3 ztl Subject: Land Use Issues Relating to Mariivana Businesses Date: Mav 2, 2016 Name Lot Address Phone #s r-i:t-A-0 o6 _e 6/ 41c- 1/2O E-mail address 61/1-4 Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK No Subject: Land Use Issues Relating to Mariivana Businesses Date: Mav 2, 2016 Name A3L ra Address A/LJ .Z:3'61) I -1Y / / Phone #s / E-mail address 5 7roiv Submitting Submitting written documents as part of testimony? Yes No If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Marijuana Businesses Date: May 2, 2016 Name.7-- Address ne C/770/ Phone #s E-mail address .0.151/0<()C1 e (..e711'1 Submitting written documents as part of testimony? J Yes If so, please give a copy to the Recording Secretary for the record. x BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK No Subject: Land Use Issues Relating to Marijuana Businesses Date: May 2, 2016 Name "T, of,n Address,‘03,4c, --aurt Phone #s E-mail address Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Us Issues Relating to Marijuana Businesses Date: Mav 2, 2016 Name Address Phone #s (/ 6-7 IA) E-mail address_: /DO Submitting written documents as part of testimony? Yes EZ No If so, please give a copy to the Recording Secretary for the record. { BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Marijuana Businesses Date: Mav 2, 2016 Name Or' Address 10 71 Phone WM ( 7 366 -KOC y E-mail address D, ('� (' 1 &h ne, D s �7 raj kcowLi Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: L nd Use Issues Relating o Mariivana Businesses Date: May 2, 2016 Name --1„0 eutLctv,6-- Address 67). GU .014 r) Otr Phone #s E-mail address ( ove\--(9(A)v\ (PIAA Submitting written documents as part of testimony? 1-- Yes / No If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: May 2, 2016 Name AN \\) AV Address (09 (9(65 iiovS erie\ka (tAwm/c) Phone #s (039 —(oLi (0? - E -mail address -A\JW 009 Vo LA -PN, • CO Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. No BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Land Use Issues Relating to Marijuana Businesses Date: May 2, 2016 Joe( 6(i lei- /oc$-Te9 7t/i"f 012__ Name Address Phone #s E-mail address Submitting written documents as part of testimony? Yes ricNo If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Land Use Issues Relating to Marijuana Businesses Date: May 2, 2016 Name S Address )14 4-1 C- EA' )(e, Aue, ok 77O3 Phone #s 5 LfI-- E-mail address ,of ez Submitting written documents as part of testimony? Yes 71/ No If so, please give a copy to the Recording Secretary for the record. -6< BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK. Subject: Land Use Issues Relating to Mariivana Businesses. Name Address Phone #s E-mail address 0 \t^\ SLO 'rk`AVV)..)(Dtdk Ct e- Yt3 cw...skscQ Date: Mav 2. 2016 Submitting written documents as part of testimony? Yes A If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Marijuana Businesses Date: Mav 2. 2016 Name 727cjacg) re_A 1-421A-6/ Address ,9015-ic-- iq Phone #s _Cate, 41 ?- 79'7 U/7 E-mail address /pea PeljiDcrq p, hnPi foekc Zto, 1. Copy Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. No BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Marijuana Businesses Date: May 2, 2016 Name \A) Address Cf \ Phone #s r70 - 2 29.2 P 8 E-mail address 0, A kik (.4 ) v Submitting written documents as part of testimony? Yes (R -No If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Marijuana Businesses Date: May 2, 2016 Name Noma_ 2&Q1J s Address A70 (0570 Phone #s E-mail address rktt irdsq)Tin L241 rrys (5) ry) Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. No BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: May 2, 2016 Name JJ u.18 Q. -1\ Phone #s .� E-mail address Address rc Sar\ iv oe- - Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK No Subject: Land Use Issues Relating to Mariivana Businesses, Date: May 2, 2016 Name - /(//i e rnTaykx- Address (5 &C) ,/l/4/ Af/ d®"�- ±K Phone #s fes// P 7(97 -5 E-mail address_%/ 1((GG,W-Ta or2rae� . �-G' v Submitting written documents as part of testimony? Yes EaNo If so, please give a copy to the Recording Secretary for the record. 6( Z BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: May 2, 2016 Name Ede,/,`(4 Address ,4 -9 4-.= 9.770 Phone #s 3q/- 77/ 37'3 E -mail address h Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Land Use Issues Relating to Marijuana Businesses Date: May 2, 2016 Name C •e, 5R c,tev-3--5 Address a. -7 5-9— &Ai.% R-ej Phone #s $-44 r -?se T3 0 E-mail address Submitting written documents as part of testimony? Yes ,PrNo If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: Mav 2, 2016 Name LE \AR s sEgAA I - Address Pe) P -,)c 2 2. -1 - Phone #s - E-mail address Submitting written documents as part of testimony? Yes If No If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: Mav 2, 2016 Name ‘'1\sk e -CCA-(\ COW) )\)(--s com 6-r( imcl Address Phone #s (3 6.0,- 9S-0 E-mail address 6e-C-cl-f\ NA. i1/4100tC e -e- C(0 (0 Cot -1 Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. &4, BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Land Use Issues Relating to Marijuana Businesses Date: Mav 2, 2016 Name olrt c -c,1 o t Tt CIP p + 1 Address i; V , S 44 G/z Y� r kLQYf44$ 04441.1Z1_ Phone #s ✓ 3/ 2 v E-mail address :lo ti ►n . 1 o cu o I ta-1T ctics f6 - Submitting written documents as part of testimony? Yes E1 No If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK 67 Subject: Land Use Issues Relating to Mariivana Businesses Date: Mav 2, 2016 Name f' lar;tl)P. /h9M0,� Address 7,2sC7e_r O1 d o1QJ Phone #s 7j o7 r - - ros rve f qd10571.1 - E-mail address Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relatingto Mariivana Businesses Date: May 2, 2016 Name Address (AJ i6,(AivaA c b 97 Phone #s Cl4 2, 10 E-mail address c4fL4i24 Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: May 2, 2016 Name Address Phone #s 1,c)1,\ cjAi 1/•9_, cl Pt.& Ge44 og_ s5g E-mail address Submitting written written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. 6c7 BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: Mav 2, 2016 Name 4Leivx /14 4)-pwilet-- Address 50 E /% Phone #s E-mail address Submitting written documents as part of testimony? Yes No If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: Mav 2, 2016 Name _,Ot2‘k Address ( 9 q 2 Phone #s c-Cs2 C) 0 (.Q C..12 E-mail address 0 tr SAA6A) Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. No 7/ 73 BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: Mav 2. 2016 Name Address ?Dbc)(D ILAX 5 012"- '77O Phone #s 5 LJ °I 5 — E-mail address CD A-• Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Subject: Name Address BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK and Use Issues Relating to Marijuana Businesses Date: Mav 2. 2016 ./Jhr Son No Phone #s E-mail address 7,4 Jon45dyt 4ha ivd r`977 9N3 g (I;/4c Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: May 2, 2016 Name Address 1 _S 3 S\k) Phone #s S - S5 - 1V1 E-mail address 4-1 (2 Ore wJv. Submitting written written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses. Date: May 2, 2016 Name Address Phone #s ku.t Or PDx ') E-mail address j Submitting written documents as part of testimony? Yes <No If so, please give a copy to the Recording Secretary for the record. 73 76 BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Land Use Issues Relating to Marijuana Busi esses Date: May 2, 2016 Name Address n_c_b-e PA,. (f5kiw`,t1 L-1,wi 47 Phone #s 59/ • 2)3 - E-mail address / I 0d (5) /y)hou,_e_ (/) Submitting written docu e s as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK No Subject: Land Use Issues Relating to Mariivana Businesses Date: May 2, 2016 Name L(kkra )Lu, )'\l 2 Address liP)DO Ni W ILQXyll (A S\ 4 Atf> bArri 1 Lf— 911 D Phone #s 5z1- I 7 un i Uo E-mail address ii, i / \MylA M(L, Qid\I Submitting written documents as part of testimony? Yes rY No If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: May 2, 2016 Name Ikhk\Aiz-t.S2-- GO--c-A-AJ Address Phone #s E-mail address Submitting written documents as part of testimony? 1 vf Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: May 2, 2016 Name Address 2 a -JW c? -7 No 0,4 Phone #s 1f E-mail address 7— e C \ZS • e=e9--)—,,,, Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: May 2, 2016 Name Oil_ '0 0 Address Z 0 Li OD (A. vv&.4r0 e.kx-DO.crr? 0 E-mail address T) 4Ijel Co IAA, NA -A -twig@ 14 t14 a • CZ LA -t Phone #s Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: LandUse Issues Relating to Mariivana Businesses Date: May 2, 2016 Name 0 / I Address 20 5 Arlo `2t4A, Phone #s 541-- CIO (h46 E-mail address Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: Mav 2, 2016 Name Cfn r.'"\ T DAddress !- ec s Phone #s E-mail address Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: Mav 2, 2016 Namea,::" Address Phone #s E-mail address Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. No YL/ BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: Mav 2, 2016 Name tY1 Address 2- G t 4) IAJ \ Phone #s E-mail address 61.E 11-)I, Submitting written documents as part of testimony? Yes wi No If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: May 2, 2016 Name Address Phone #s Gam /4 _ s7:„,., -_C- 67,2(fs 9/l - 2 E-mail address . 776,1 - CO, -< C_e).� Submitting written documents as part of testimony? Yes 2 No If so, please give a copy to the Recording Secretary for the record. gs BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Land Use Issues Relating to Mariivana Businesses Date: May 2, 2016 Name r\ Address Phone #s (9(4 E-mail address \/c 4The_yvvivrls„-rAlSco_i,Ccfr Submitting written documents as part of testimony? Yes No If so, please give a copy to the Recording Secretary for the record. Subject: Name Address BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK an Use Issues Relating to Marijuana Businesses Date: May 2, 2016 6.7 Phone #s (0(6 E-mail address .‘A Submitting written documents as part of testimony? Gc( Yes If so, please give a copy to the Recording Secretary for the record. No �i o �?{ BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Land Use Issues Relatin2 to Mariivana Businesses Date: Mav 2, 2016 Name cX4 CRI/ES/ey' Address .765 %�/1/0t-se // 1,41 Phone #s 6/06---z 7?- "70.0 E-mail address �� 9-- 2Z® %c1rt;/ cork) Submitting written documents as part of testimony? Yes No If so, please give a copy to the Recording Secretary for the record. I Hobby farms an asset to rural Deschutes County Most of you have read The Bulletin article, "Should exclusive farm land exclude pot?" 1 have issues with the premise that a neighborhood of hobby farms is less than an asset to rural Deschutes than marijuana farms. These smaller acreages with homes do not resemble large resorts. Unlike the majority of Marijuana farms, they do much to protect the character and landscape of Deschutes County. They have acreage that affords mountain views enjoyed by residents and tourists alike. They protect and take pride in the land. They protect their water rights. These residents are good neighbors. They care about the community they live in and work actively to enrich the quality of life in Deschutes County. Did the original intent of zoned agricultural land include growing and manufacturing an addictive federally illegal substance? Was the explosive manufacturing process of extracts part of that intent? Was the original intension to devalue the land, or negatively impact our community and environment? How many would say that the marijuana farms they have seen resemble Napa Valley? Has there been a lot of lavender and organic produce on these farms? I haven't seen a lot of high wire fences topped with razor wire in Napa. If any property resembles the idyllic setting Neubauer and Hadar describe, it would be the hobby farms. Marijuana land use enriches the marijuana business. Small property owners enrich the community that they are a part of. / Hobby farms an asset to rural Deschutes County Most of you have read The Bulletin article, "Should exclusive farm land exclude pot?" I have issues with the premise that a neighborhood of hobby farms is Tess than an asset to rural Deschutes than marijuana farms. These smaller acreages with homes do not resemble large resorts. Unlike the majority of Marijuana farms, they do much to protect the character and landscape of Deschutes County. They have acreage that affords mountain views enjoyed by residents and tourists alike. They protect and take pride in the land. They protect their water rights. These residents are good neighbors. They care about the community they live in and work actively to enrich the quality of life in Deschutes County. Did the original intent of zoned agricultural land include growing and manufacturing an addictive federally illegal substance? Was the explosive manufacturing process of extracts part of that intent? Was the original intension to devalue the land, or negatively impact our community and environment? How many would say that the marijuana farms they have seen resemble Napa Valley? Has there been a lot of lavender and organic produce on these farms? I haven't seen a lot of high wire fences topped with razor wire in Napa. If any property resembles the idyllic setting Neubauer and Hadar describe, it would be the hobby farms. Marijuana land use enriches the marijuana business. Small property owners enrich the community that they area part of. Ctki) a ao�o Testimony on Land Use Issues Related Specifically to Marijuana Businesses Hearing Dat : MONDAY, MAY 2, 2016 You did did not offer testimony in person. Your Name: 'P4,41 PfrA r Mailing Address: lo C)Q( ,c4Pa` 5 t Sem Chi (1set E-mail address (optional): 17,--1A(' G-.) CO1'r VJ t(N. Phone #s (optional): \O °tam, 18t -i -b Your Comments: OPT out is the position m husband fz 1 are recommending. (n addition, 41 Members of the Deschutes County COP unanimously voted tr` out on Apra f9, 2016. As the recreational pot vote in 2014 barely passed with 51.59 % it is critical that we do not damage the environment and safety of our county with QUICK decisions. The pot industry wants to move as FAST as possible and we do not have the resources and infrastructure to protect our citizens. You can easily reach the conclusion that the 1,700 medical grows provide more than ample marijuana for our county. Pal - Please be aware that the Oregon Legislature made some unusual emergency decisions. For some reason Oregon did 'duplicate Colorado's example to have pot production in Industrial parks. The pot industry wants to destroy our rural way of life in a county known for it beauty. and clean AIR Snowbirds returning from the South have commented on the new greenhouses they are seeing. The SKUNK/locker room smell along I-IWY 20 near Tumalo will surely be WORSE in 2016. Our commissioners have to get thing under control. The very sophisticated execution of 8 family members in PIKE County Ohio on April 21, 2016 is not something we want repeated here. They were in the marijuana growing business in 3 of 4 of their properties. You Know that the drug will bring in more CRIME. and the black market is part of the DRUG culture. Please protect our views and lifestyle here in Deschutes. Oregonians and other tourists love to spend considerable time outdoors enjoying the mountain views. Raising alfalfa hay is definitely not the same as growing marijuana. The power usage will raise everyone's bill and the excessive water usage will impact our aquifer. A greenhouse popping up on too many corners will destroy the beauty, starry nights, and clean air. Please give our voters the opportunity to address the damage that already exists in Deschutes County. from the proliferation of medical marijuana grows. Signature: Testimony on Land Use Issues Related Specifically to Marijuana Businesses Hearing Date: MONDAY, MAY 2, 2016 You did L did not offer testimony in person. Your Name: �a nP�'�'o ✓ aek Mailing Address: / S n % Sem E-mail address (optional): Phone #s (optional): Your Comments: 1' (Use back of page if desired.) Signature: _ --114)/ (s a 4-1-4,c�ed Hobby farms an asset to rural Deschutes County Most of you have read The Bulletin article, "Should exclusive farm land exclude pot?" I have issues with the premise that a neighborhood of hobby farms is less than an asset to rural Deschutes than marijuana farms. These smaller acreages with homes do not resemble large resorts. Unlike the majority of Marijuana farms, they do much to protect the character and landscape of Deschutes County. They have acreage that affords mountain views enjoyed by residents and tourists alike. They protect and take pride in the land. They protect their water rights. These residents are good neighbors. They care about the community they live in and work actively to enrich the quality of life in Deschutes County. Did the original intent of zoned agricultural land include growing and manufacturing an addictive federally illegal substance? Was the explosive manufacturing process of extracts part of that intent? Was the original intension to devalue the land, or negatively impact our community and environment? How many would say that the marijuana farms they have seen resemble Napa Valley? Has there been a lot of lavender and organic produce on these farms? I haven't seen a lot of high wire fences topped with razor wire in Napa. If any property resembles the idyllic setting Neubauer and Hadar describe, it would be the hobby farms. Marijuana land use enriches the marijuana business. Small property owners enrich the community that they are a part of. Testimony on Land Use issues Related Specifically to Marijuana Businesses Hearing Date: MONDAY, MAY 2, 2016 You did did not offer testimony in person. Your Name: --To, A y Mailing Address: 1 5 D E S67 -r -N E-mail address (optional): Phone #s (optional): Yow (Use back of page if desired.) Signature: �„ want to obtain it illegally and or grow it illegally. These two states have also experienced increased illegal marijuana grows. It is irresponsible to think it would not happen here. While we have a very responsive Sherriff Department, the distances they must cover when called often times results in a 25 to 40 minute response time. The Marijuana Advisory Committee was heavily biased toward the interests of the marijuana producers. If you choose to incorporate their recommendations, I request that you not allow any "grandfathering" of existing sites to ensure that they also comply with the land use requirements, including setback and noise. I am also asking that the setbacks be 500 feet from the property line and 1,000 feet from existing buildings — including farm-hand homes. In the last MAC meeting, one of the members said he used medical marijuana. He told the MAC that he lived 650 feet from a "grow" and for five months of the year, his wife could not go outdoors due to the smell. 6asThank you for the opportunity to participate in the public testimony and I k again that you continue thpPT OUT. or c t'n a is ., (43 ,n s(w re corn rre,na ()Ito ns a !U- L rn po-P'faAt 0-1Ad . 1-1,D G %.8 ,rr&,deAr'ec twirl ecit /3 TO: Chair Unger, Commissioner Baney and Commissioner DeBone FR: Christina Hadar, General Manager, Co -Owner Oregrown, Tumalo, Deschutes County Resident DA: May 2, 2016 RE: Comments in Support of Deschutes County Commission Adopting Regulations for Legal Cannabis My name is Christina Hadar, and I am one of the owners of Oregrown. We have a thriving dispensary located on Wall Street in Downtown Bend and an 84 acre farm on EFU land in Tumalo. All together, Oregrown employs over 30 tax -paying residents of Deschutes County. As an Oregon native, and a resident of Deschutes County, I have been enjoying a rural life in Tumalo for the past five years. Therefor, I feel my perspective is unique.... as I am directly involved and impacted not only as a cannabis business owner, but as a rural Deschutes County resident. My husband and I chose Tumalo because we enjoy country living - including dark night skies, relative silence, and the peaceful 'neighborhood' feel of living responsibly among our fellow ranchers and/or farmers. We strongly believe that the best way to preserve the marvelous attributes, which initially brought us to rural Central Oregon to live and raise a family, is to adopt fair and thoughtful regulations for legal and licensed cannabis businesses in Deschutes County. I strongly urge our Board of Commissioners to adopt a reasonable and responsible cannabis regulatory structure so that farmers and small businesses in the county can participate fully in the economic opportunities that legal cannabis brings to our region. In addition, reasonable and responsible cannabis regulations will provide protection to rural Deschutes County residents - providing enforceable guidelines that that will hinder black market activity and outline controls restricting environmental impact by the industry. Cooperation by both sides of this debate should support safe and viable employment opportunities for working class Deschutes County residents while providing responsible stewardship of our remarkable Central Oregon region. A practical cannabis regulatory structure will preserve the Deschutes area for productive use and enjoyment - and allow Deschutes County to remain a home for wealthy retirees and middle class working families alike. The original draft ordinance prepared by County staff struck a fair and workable balance between the needs of farmers and processors and the larger needs of the community to ensure Central Oregon remains a livable place to work and play in the great outdoors. The Marijuana Advisory Committee, a broad and diverse spectrum of community members who care deeply about Central Oregon, has now also met for weeks to review and discuss a variety of issues. That committee reached consensus on noise, light and odor regulations- for land zoned for exclusive farm use, addressing the concerns of neighbors. I personally support the consensus reached by the Marijuana Advisory Committee (MAC) to restrict light, sound and odor from cannabis cultivation on land zoned for exclusive farm use. We have some wonderful options all across the board here and we'd be happy to implement some or all of them. On other land use matters I personally support the county's original proposal for cannabis farming and processing on EFU and other farmland and with no more than a 5 acre minimum on EFU land. I get this is tough, but having big minimum acreage requirements will zone out potential properties that are perfect for this use and are essentially surrounded by nobody. As far as over licensing goes, the OLCC handles a majority of the initial investigation and approval process, so we'll be able to find the "bad apples" of the bunch very quickly through the immense hoops that everyone will have to jump through to gain approval to operate by the OLCC. Even with an opt -in, the order with which Deschutes County (rural) businesses will have submitted their application in to the OLCC will place them at the bottom of the application list that began on January 4th. The first production licenses were just approved yesterday. Nearly four months since the first submissions. It is now time for county commissioners to implement the will of the voters and enact fair and reasonable regulations for farmers and small businesses that will also safeguard the way of life we all treasure in Deschutes County. lif Commissioners Unger, Baney, and DeBonne, I'm Kevin Hogan, a part-time Tumalo resident, owner of Oregrown Industries, and small business owner for the previous 10 years as a land developer and broker. In November of 2014, Deschutes County voted in recreational cannabis. These voters entrusted their local government and community to generate and implement reasonable regulations. The Board and the State have provided a framework for common-sense regulation and Deschutes formed a Marijuana Advisory Committee to fine-tune the most sensitive points, noise, light, and odor, ensuring local input for logical implementation. The very notion of a "do -over" vote silences the voice of your constituents, and is Anti-American. They are counting on you to opt -in, implement, and let their voice be heard. Furthermore, by opting out, you are placing unwarranted stress on small business, the backbone of America. For the local Cannabis industry, the short-term effects of an opt -out are felt daily and the long term effects will be disastrous. There will be layoffs in all cases, and businesses will be entirely closed or relocated in others. For all small business in the County, an opt -out threatens stability and stunts growth for the overall community. These are corner coffee stands, insurance agents, electricians, boutique shops, contractors, bakeries, and country stores that will be adversely effected. If you opt -in, Deschutes retains and brings additional quality jobs to a community that struggles with three core economic metrics, income inequality, permanent industry, and quality employment. Families get to stay, future families can be created, and a dedicated work force is allowed opportunity. If you opt -in, it could be the difference in a small business hiring additional employees, rewarding current ones with raises, or being able to afford their employees during the next Bend "bust." This is the fastest growing industry in nation, projected to grow to 44 billion dollars by 2020 and comprised almost entirely of small businesses. It would be absolutely unthinkable to shut your doors to an entire legal industry as recent as three years ago when the local community was still struggling make ends meet. Also, it just so happens that arguably the best Cannabis Products on the planet are produced in your County; prohibition is over, time to embrace new industry. Thanks, Kevin Hogan Oregrown, Inc G LASS H OUSE G ROWN TO: Chair Unger, Commissioner Baney and Commissioner DeBone FR: Lindsey Pate/Glass House Grown DA: May 2, 2016 3 RE: Comments in Support of Deschutes County Commission Adopting Regulations for Legal Cannabis My My name is Lindsey Pate, and I am an owner and CEO at Glass House Grown located outside of Redmond. Thank you for the inclusive process that we have seen in Deschutes County in regards to cannabis land use regulations and for the opportunity to serve on the Marijuana Advisory Committee. It was a pleasure. As a Deschutes County Resident, a cannabis farmer and a small business owner I understand the need for addressing regulations that strike a fair and workable balance for everyone who enjoys our beautiful county. I am thankful for the time we have put in and for all that we have learned through this process. However, as a small business owner who happens to be a cannabis farmer this opt out has been very hard our business and our family and we cannot take this burden any longer. I strongly urge Deschutes County Board of Commissioners to adopt a reasonable and responsible cannabis regulatory structure. The original draft ordinance prepared by County staff struck a fair and workable balance between the needs of farmers and processors and the larger needs of the community to in addition to meeting the goals outlined in our County Comprehensive Plan, Section 2.2 , Agricultural Lands Policies. These goals include • promoting diverse agricultural economies • supporting stakeholders in viable activities • supporting small farmers and encouraging niche markets and high value farm products Large minimum lot size requirements and large lot line setbacks do not support these goals and they would be a great disservice to the economic development that can occur from the local farmers right here in Deschutes County. Glass House Grown stands as a prime example of cannabis producers who produce award winning cannabis, we are fair and friendly neighbors, and if given the opportunity to enter the recreation market we will create at least 12 full time jobs in outside of Redmond Oregon. G LASS H OUSE G ROWN Continuing the Opt Out means suffering the Negative consequences of the prohibition, criminal activity, unsafe processing and production and untested products — with none of the benefits of regulation; public safety, public health, economic opportunity for rural residents and tax revenue to support county services. As a MAC member, I fully embraced the consensus building process in efforts to bring our county to a place where we could enjoy the benefits of cannabis regulation. It is unfortunate that two members were unwilling to put aside their prohibitionist agenda to work closer to more creative solutions. Please do not listen to a loud minority who has not embraced this public process. It is now time for county commissioners to implement the will of the voters and enact fair and reasonable regulations for farmers and small businesses that will also safeguard the way of life we all treasure in Deschutes County. Lindsey Pate Co -Founder and CEO of Glass House Grown 31° May 2, 2016 County Commissioners Unger, Baney and DeBone: My name is Larry Fulkerson. I am a resident of rural Deschutes County and have spent numerous hours researching the marijuana issue, and invested 26 hours attending MAC meetings as a committee member. One of the obvious conclusions I have arrived at is that we all must be willing to compromise in order to get anything accomplished. Keeping that in mind, I would like to make the following recommendations that would apply to all existing Medical marijuana grow and production sites after one year; and, all Recreational marijuana grow and production sites. • No outdoor growing or production sites allowed in Deschutes County. • Minimum parcel size 5 acres. • Minimum of 100 foot setback from property lines. • No odor allowed off premises. • County ordinances pertaining to noise and lights strictly enforced. • Marijuana grow and production sites licensed by the county on an annual basis and not renewable with outstanding code violations. Code compliance should be complaint driven. The prohibition of outdoor grow and production sites would have very limited impact on overall marijuana production because of our short growing season but would facilitate the compliance with the requirement of no odor allowed off the premises and, in my opinion, would be consistent with the precedent set by Boulder and Denver Colorado counties. This would also make reasonable the minimum parcel size being reduced to five acres and the setback reduced to 100 feet. The minimum parcel size of 5 acres and the 100 foot setback requirement would still allow an owner of a square 5 acre parcel over 71,000 square feet in which to build a marijuana grow or production site of the approved size. These provisions, if adopted, would in my opinion allow marijuana grow and production to exist in Deschutes County and greatly reduce the negative impact on property value and quality of life issues with rural residents. Thanks for the opportunity to speak today. Larry Fulkerson 22321 McArdle Rd Bend, OR 97702 541-977-8988 31 Statement to Deschutes County Commissioners — On Commercial Marijuana Rules, Regulations and "Opt Out" in Deschutes County May 2, 2016 Phil Henderson My name is Phil Henderson. I live with my family in the Southeast part of the City of Bend. I am a life-long Oregonian. Since moving to Deschutes County, 27 years ago, I have made my living as an attorney for 14 years and a homebuilder for the past 13 years. I am also the Republican candidate for Position #2 on the Deschutes County Commission. Based on what I have seen and read, I support the continued "opt out" by Deschutes County as allowed under Oregon law. In "opting out", our county will also join with all of our neighboring counties in Eastern Oregon. Those include Jefferson, Crook, Malheur, Lake and Klamath Counties -- and everything east, north and south of that. None of those counties allow commercial marijuana growing and processing. In continuing the opt out, more importantly, you Commissioners will also be recognizing the will of the overwhelming majority of voters from rural Deschutes County voting precincts who voted overwhelmingly just a year and a half ago against recreational marijuana legalization. In fact, did you know that if it hadn't been for just 5 precincts in the center of Bend, the entire measure would not have passed in Deschutes County? As a businessman, I do not believe that the allowance of commercial marijuana for recreational use in rural, EFU zones in Deschutes County is the economic windfall for Deschutes County or its citizens, as it has been characterized, here today. In fact, I think it will have the opposite effect -- long-term. It will hurt an important segment of our economy — existing homeowners and new retirees or people moving here to rural Deschutes. Based on the experience in other places, the allowance of pot growing and processing facilities in rural EFU zones in Deschutes County creates a large number of public safety risks to Deschutes residents, including theft, auto - use vehicle arrests, property trespass and possibly personal injury or death, as it has in the only other state, to date, where it has been allowed -- Colorado. We only need to look to Colorado to see the safety risks involved. A Denver Post article, dated April 13, 2016, cites "Since march 30, the sherriff of Pueblo County had seized over 2400 illegal pot plants from eight separate homes and one person was killed." Commercial pot growing and manufacturing in rural Deschutes County will lead to increased law and code enforcement costs, such that they will exceed the tax revenues. Finally, commercial pot growing and processing threatens the economic future of Deschutes County. You Commissioners know that thousands and thousands of Deschutes County residents have invested their life savings in rural properties all over the county which may at any time, under these regulations, now have pot farms move in next door and destroy their property value and livability. It is happening already to current residents. Some of those residents have met with you. Why should you risk the lives and fortunes of these good taxpayers and citizens for an industry that is unknown and uncertain? My experience as a homebuilder has made me aware of the thousands of Deschutes County residents who have invested literally hundreds of millions of dollars in their rural homes — and farms. I have been involved with some of those homes. Those investments are "at risk" with an "opt in" as proposed by the County. Already, given the experiences of numerous landowners who have had pot grows built next to them, there will be a chill put on new homes. This will hurt the construction industry. Other homebuilders, and all taxpayers should be concerned with this. You see where we are going with this. Who would build a very nice home on a rural parcel when those homeowners are uncertain what kind of "farm" will end up next to their house? It will reduce our tax base. My advice: Vote to continue the "opt out". Protect Deschutes taxpayers. -DAT iututie, commivotnetmd - G ,(y*' .1,. - co - ow \ & & _ 1 1oVJ L° eckWAa.14 6.5 -,Qev-)<-Oi J 1v\ S n1/4) v ve,Po\A 1 ti 4TTCOop-t-- YeSV ko.'\ cS % - ` Vt.* 0.301/ k, Fbv _O V e:, rtAimq h \\-)-V6. . env: ``il G.V` c. ( v }s o v ` ,a6a1r4.$ 4 _.C4 .. Covaceks u o �n �1n.�.� v o� ���1 e� -b1�9� SSS 3 r i se� .f�. S J 1 j� Gov►ce�h5 0�--1'tx� - be- stv 4s k C:-- - °J oY Yi-,\.-S t ja tit '(AL COO 1A COkmmiS ToKeit5 d- °Vr GO4wvN.,v �n� 32 0,64Z - �dc k\7 is vveui a-- eick-vx ivv\o".; aa'���-S aoc We_ aIQ., A L`Qtiy,- hk V eo.1.4&e1 eke.Le PAAci•.`.i 3,t Sd� , elnr vc..z_WJ AJC, 6-- c._ Vc.N.5 t. r vet.ec tizv€€Ai p 6 - (tor y.AlsS baztlr.j44-ts- ciAi , c0 tr w .Ari-441zi 'Ytht, umpAcitma cooNAck-b4 • 1\xD tic tw✓3 cue- anN depov-w `, -- Vcoreizz‘vctsz,\vt . oo 1�c, 4k� 6vne.c cT c j > e� �COhZ:V•NNZr- r+W�V To be nobody but yourself in a world that's doing its best to make you somebody else, s.ayfghtthe hardest battle you are ever going to fight. Never stop fighting.!se. cummings cye Y W►va WO V .f) ecipsbz, c 1\1rtR;, 6 ;2,+.9, W cp.; v5 u0_, ow\ v\-E v chT ve. Y\ or C7 V' , tnti ev..'-- c-v\ b\n 40- ca-- V)2v-a . kx1e, IAVed oR�-ea �Ceii��Qvc�`o►. I J c. 4v-0-"N—s5 ca wl► .a. ��S C1 V55 a � e c4\,v`o �Q� ho \ 4 V• -� � I veten lAcor - vcri- 4i:) a 1.zzTho 1 AL- Mok, irLA, S r P a- Fccomn,\\.) ir1aVe— 103,fi2..fd r 4-(--,N1-42-V41-5 3 \.` � s ©v•-a. -_, v- e, u \\'a 0.a . \02_ \ove- szv -a-- k \I C. leC>, kl S©01.` der psF 'pot 16Qe3 cae, \ AAJ yt:56vc_A.V e_ re\ v.S \,p (o 1 11,V Cs)v c crz.�_ 1nz\'-3 CHARLIE RING O ATTORNEY AT LAW, P.C. May 1, 2016 Commissioners Tammy Baney Commissioner Alan Unger Commissioner Tony DeBone: 1300 NW Wall Street, 2nd Floor Bend, OR 97703 Dear Commissioners: I am writing to urge you to allow producing recreational marijuana on EFU land. 1. There is broad support in Deschutes County for recreational mariivana use and the. related businesses. Some people claim that the public voted in favor of personal use, not production, but that is a thin argument supported by no evidence. Deschutes County voters understood last November that legalizing recreational marijuana would create a host of business opportunities, including production. A recent survey confirmed continued broad support for all facets of the marijuana industry. A vocal group, Preserve Rural Deschutes, has organized to oppose marijuana production in EFU land. But as described in The Bulletin this morning, that group has only 25 members. The group is loud and shrill, but represents a very small fraction of Deschutes County residents. 2. The opponents have little moral standing. Most of the opponents are wealthy people who live on EFU land for the lifestyle. They may own a couple of horses or operate a hobby farm, but their real goal is to enjoy the peace and quiet of rural life. They do not want to live next to a property that actually might employ people. The opponents do not want to see employees' parked cars or be burdened with any other impacts, from smell to noise to light. But this is a selfish and unreasonable expectation. The primary purpose of EFU land is to support commercially viable agricultural operations. The EFU designation was not created to allow the idle rich to reside in peace and quiet unbothered by people who actually have to work for a living. 974 NW Riverside Blvd., Bend, Oregon 97701 541.390.3006 Fax 541.382.3328 charlie@ringolaw.com ori 1 { 3. Recreational Erow operations on EFU are inevitable. If Commission declines to approve recreational grow operations now, the voters will allow them in November. Unfortunately, the delay would result in a significant loss in economic opportunities. I request that you permit recreational grow operations without further delay. Thanks very much for your consideration in this regard. Very truly yours, Charlie Ringo G./ TO: Chair Unger, Commissioner Baney and Commissioner DeBone FR: AIison Hohengarten, MAC member, rural resident DA: May 2, 2016 RE: Comments in Support of Deschutes County Commission Adopting Regulations for Legal Cannabis My name is Alison Hohengarten. I was a member of the MAC and am a resident of rural Deschutes County. I am a local mother, mediator, transactional and real estate attorney, and I have represented clients both in favor and opposed to the cannabis industry?. Thank you for the opportunity to serve on the committee, as it taught me a lot. Thank you for the time and energy you have put into this, as I know it has not been easy. After all I have learned, I strongly urge you to opt back in and adopt reasonable regulations so that this community can move on, instead of becoming increasingly angry and emotional about a farm use issue. On the recreational side, the longer we wait, the harder this issue will become and. the more divided the community will be. It is time to start educating each other about the positive and negative effects and implications of an industry that is finally coming out of the black market and into the realm of compliance, responsibility and tax revenue. I ask that you adopt the regulations that the MAC had consensus on and also some of those that we did not, after you review the write-ups that we submitted for each. Where you are undecided, I think that the new regulations imposed by the OLCC and the OHA could stand alone to regulate the medical and recreational industry without additional restrictions by the County. This is an area of the law, and we know that it can be changed in the future to meet citizen need. If you need the MAC to convene for an additional terms to help move this forward, I am willing to spend more of my own free time to do so. The majority of our committee worked hard to reach consensus on noise, light and odor regulations for land zoned for exclusive farm use, addressing the concerns of neighbors. Other members and what I believe is a vocal minority of the community, seems determined to oppose the industry at whatever cost, despite the fact that they chose to live in rural Deschutes County. As a MAC member and a rural resident, I found it most disturbing that so many in opposition to this industry live on rural, farm -zoned, land. In a right -to -farm state, rural residents have zero room to complain about a farm activity. For that reason, a supposed new-found right to complain about a new farm opportunity seems elitist and unfair to those property owners wanting to explore farming activities on their land. Those opposed would not have a right to complain if these were new dairy or hog farms, which stink far more and far often, in my humble opinion. Here's our chance to provide a working framework for a new farm industry in rural Deschutes, where farming belongs (as opposed to the City- just ask what additional pressure they have felt since the opt -out in Deschutes). Examples of problems in other states and other non-regulated operations in Oregon do not help to educate and inform as to what reasonable time, place and manner restrictions could be. I think delaying the inevitable by pushing this issue back to the voters will cause an unreasonable amount of expense and adversity to those on both sides of the fence. It is time to move forward so everyone can get on with their lives, decide to move, decide to buy, whatever the case may be. If you continue the opt -out and the votes determine that the county wants to opt -in, you will be right back here at square one, tasked with coming up with reasonable regulations. Finally, in hindsight, I would not advocate for you to adopt any other regulations other than the OHA requirements for medical marijuana. Those patients, caregivers and farmers in that section of the industry have done fine on their own since 1997 when introduced and are now capped at a plant limit that should prevent the levels of nuisance that some rural property owners have recently begun complaining about. Overall, the farmers that want to do things right, will do so by complying with the pLCC and OHA regulations for their licenses, in addition to any regulations the county imposes. There will probably always be farmers that don't want to comply and they won't, which is no different than before. If we don't adopt reasonable regulations as soon as possible, I think we are only promoting the black market industry to continue. I appreciate your time and consideration. O etts;, uklF 4At This drug is being forced down the throats of rural Oregonians....LITERALLY. This plant is a drug. Yet it is being advocated as a harmless crop, to be managed like corn or wheat. You cannot have it both ways. Hemp is a benign crop....Marijuana is a drug. The Committee fails to mention health effects to neighbors even once. The view that pot is both a wonderful medicinal drug but a a benign crop in its production — essentially ignoring its physiological effects in its growth and production - is a glaring oversight. Marijuana is drug with 85 canibinoids and multiple oils. This is why there are multiple websites advocating the health benefits of pot's oils. All of these have physiological effects — which for some are negative — from mild to severe, including anaphylactic shock. What is the standardized dose? How many times can someone breathe these oils and not have any effects. What about those allergic to it? I don't really care what people do but the chemicals in the pot plant make me very ill. So ill, that after living next to a pot farm in CA, I have persistent immune issues. There should be no reason why I should have to get sick from someone's activities on their property. Courts in some jurisdictions have found that second-hand smoke rises to the level of a nuisance or a "trespass" if it exacerbates an underlying health condition (asthma, for example) of those exposed to it. Calling this a crop and eliminating any protections is abusive. Pot as a crop will be legally challenged at the state level for these reasons. And Deschutes County should opt out until there is more public input, and more research done on what is adequate regulation. In the eager haste to financially capitalize on the new Iaw...some are flagrantly denying critical health and rights issues for the community. The health effects of the plant's aromatic oils must be recognized by all involved — growers, community, and regulators. Pot's 'odors' are not benign. Pot is a drug....it should be regulated and managed as one. Pot is not corn or hay. The Governor failed in the current law to protect the citizens of this state at a fundamental level. Her 'best practices' committee has no representative on air or environmental quality. Her failure reflects her lack of information - pot growing has more impacts than simply water and electricity. There is virtually no ability to enforce any of the MAC committees' recommendations. In fact, HB 3400 makes it illegal to regulate it as any kind of nuisance. There is virtually nothing a neighbor will be able to do to protect themselves. The MAC states that it will be the Oregon Health Authority that will enforce rules...that simply won't happen. Marijuana IS a nuisance — and pot advocates acknowledge this in their vitriolic comments in forums. They simply do not care....nor do they have the money to mitigate their impact on others. Pot is the new tobacco, and the County will open Pandora 's Box if they opt in. 1 1 1 1 1 1 - Marijuana and Hemp Ailergies Range from MiId to Severe — See more at: http)Ywww.cannabis.info/us/abc/30OOS643'p-sty|emar0in'bottom'0cm'|angen'usoUerQic-tm' cannabisp#shash.|y08RuTw.dpuf For some folks, the springtime is not a period of bright, sunny days filled with joy and freedom, but rather the beginning of a self-imposed isotation in order to escape the suppressive polien and other irritants that are hallmarks of hay fever season. While uptutwenty percent ofAmericans suffer from hay fever, few ever discuss aless onmmonk+knovvncause oftypical aUer8ysymptoms: weed! ' AbhouQhitnmaysoundstrange,therearesomepeopievxhoareactua|lya(|er8ictoConnab|m.Formost'this allergy stems from three common causes: a sensitivity to physical contact with the plant itself, an inability to inhale the drug in smoke or vapor form without negative consequences or allergies to marijuana pollen. A fourth, less commonly -known marijuana allergen is the various types of mold that often plague pot plantations. 'Typical' Side -Effects of Cannabis Frequent weed smokers have already reported a series of side-effects that relate specifically to the smoking of the drug, ranging from mild to extreme. These usually include wheezing, increased mucous production or chronic coughing. Those who hold in the smoke for extended periods of time - which has been disproved as getting the user any 'higher' than a normal inhalation of a few seconds - may eventually be subjected to various diseases of the lungs and upper airways. Some chronic, heavy users have even reported instances of exercise-induced breathing problems. Although research proves that Cannabis offers a semi -protective effect of the lungs and upper airways, and that some cannabinoids stave off the destruction of cancer cells, debate still ranges about the relationship between weed smoking and cancer, chronic obstructive pulmonary disease (COPD) and other chronic respiratory problems. It is not uncommon for heavy weed users to report unsurprising side-effects, such as a -motivational syndrome, breathing problems or feelings of intense hunger (i.e., 'the munchies'). Less known or spoken about are the allergic implications of Cannabis, which may result in symptoms involving the skin or eyes or mimic respiratory aliments such as asthma, bronchitis or hay fever - and may not even require direct inhalation or contact in order to present themselves. Careful cultivation is essential for producing safe, quality Cannabis products, but clean storage is necessary to prevent molding and other contamiriation AIJergic Reactions to Marijuana The scientific and medical communities have collected both empirical data and also anecdotal evidence from patients that, when combinedproves a causal relationship between pot use and allergies. However, not all reactions were related to close contact with marijuana, as some cases involved satellite exposure to weed or hemp poHen or allergic reactions to non -drug products, such as hemp seeds. In layman's terms, common ressymptoms appear in the form of itchy, watery and/or red or swollen eyes, runny nose, wheezing, coughing, sneezing or nasal congestion, possibly combined with a mild case of hives or slightly itchy skin. Some of the more severe - yet widely unknown - symptoms include allergic rhinitis, allergic conjunctivitis, asthma, food allergies, eczema, drug eruptions, contact urticaria and, most worryingly, anaphylaxis. While allergy symptoms and hypersensitivity are troublesome and can affect everyday life, anaphylaxis can easily lead to death, as the throat swells and airways are closed off - exactly what happens when those with severe peanut or shellfish allergies come into contact with their triggers. Although severe allergic reactions can be treated with corticosteroids, antihistamines and epinephrine, some sufferers are still unaware that their wonderful weed may be the cause of their discomfort. This, combined with the fact that marijuana is only legal in a few states, means that people are not receiving the necessary treatment because they have not yet figured out that their pot consumption or exposure is the problem. Thus, self -diagnoses may be critical to those who live in areas of the United States where personal Cannabis use is often not discussed in public, or at all, due to fear of Drug War penalties, However, with close to half of the country offering some form of legal medi-weed and the legalization of recreational weed sweeping across the country, our newly -minted freedoms may come at a price: an increase in Cannabis allergy sufferers. Common sense would dictate that this rise will not necessarily be a direct result of recreational legalization, as many folks already smoke, regardless of the laws in their area. However, the increased demand for legal pot cultivators - many of whom grow outdoors in certain parts of the country - as well as hemp farmers when and where the law permits, could potentially drive up future allergy statistics. Illicit black market grows, often involving hundreds or thousands of plants, affect local residents of some of the most picturesque natural environments in the United States by causing environmental issues such as pollution, which can compound existent marijuana allergies. Dr. Purvi Parikh is an immunologist at the Allergy & Asthma Network, a nonprofit organization promoting allergy research and education. He told LiveScience that he agrees that pot prohibition is partly to blame for the late emergence of this issue, stating that, "Now, as the prevalence [of marijuana use] is increasing, and with the legalization in many states, it is going to become increasingly more common, and all these cases will surface that were not recognized before." It is difficult to say with certainty that the issue of weed and hemp allergies is increasing, since prohibition has made it nearly impossible to collect a sizable baseline sample of sufferers from past decades. Recent allergy research cited figures from two Cannabis sensitization studies, one dating to 1940 and the other from 2000, highlighting the dearth of information on the subject. Thus, there are not many figures to which modern numbers may be compared, and not everyone in the States lives in an area with legal weed access, further skewing any accurate data collection. Therefore, many people are left to self -diagnose, yet not everyone is even aware that it is possible to be allergic to weed or hemp. Many people would assume that airborne pot pollen particles are usually to blame for allergies, but inhaling the smoke or skin contact with the plant may also be the cause, in certain cases. The allergy sufferer does not even need to be the person smoking in order to be affected, as second-hand Cannabis smoke presents enough of an allergen or irritant to affect those with sensitivities. Even seeds can trigger histamine reactions of varying severity. Even though reported instances are rare, contact allergies with pot or hemp plants also exist. The physical ramifications of such exposure typically include rashes, hives and/or eczema, although some patients have reported red, swollen, itchy eyes as an additional complaint after their skin is exposed to the plant, as well as mild respiratory issues. Smoke - sensitive patients often experience symptoms similar to those with direct contact allergies, with the added complication of more severe respiratory ailments. In short, it is absolutely possible to be allergic to touching weed but capable of smoking it, or the other way around. Extreme caution should be exercised when experimenting with potential allergens. SDS -PAGE Analysis for Hemp Seed Protein: Shown is the Coomassie blue stain for total protein analysis, as well as immunolabeling with sera from the patient allergic to hemp seed, a patient with cashew nut allergy, and nonatopic control sera for roasted un -hulled (A) and raw hulled (B ) hemp seed [Credit: Anaphylaxis to ingestion of hemp seed, Department of Pediatrics Jaffe Food Allergy Institute Mount Sinai School of Medicine] Hemp Seeds as Cannabis Allergy Triggers A comprehensive review of Cannabis allergies noted a bird breeder who developed chest tightness, a runny nose, (rhinorrhea) and dyspnea (shortness of breath, difficult or labored breathing) and began coughing and wheezing. Hemp seeds are the most desirable type of bird seed, so high-volume occupational exposure was nearly unavoidable for that particular patient. Another study mentioned a patient who suffered anaphylaxis after intravenous Cannabis exposure, while another man went into anaphylactic shock after eating a hemp seed -encrusted seafood dish at a restaurant specializing in hemp seed cuisine. The latter subject experienced ocular pruritis (itchy eyes) after only a short time in the restaurant; cooking fumes from the kitchen were noted as a possible cause for this early reaction. However, after dining upon a meal comprised of hemp seed -crusted catfish, calamari and other foods that he had previously consumed with no problem, the patient developed hives (urticaria) on the scalp, armpits and groin and sought emergency medical treatment. He was then observed to have generalized hives, dyspnea, swelling of the deep facial tissues (angioedema) and dysphonia, an impairment in producing vocal sounds. No other diners at the restaurant became ill. The patient's medical history indicated that he was a sufferer of seasonal allergic rhinitis and mild asthma, despite never having had a history of anaphylactic reactions. Although only an occasional Cannabis user at the time of the incident, the man admitted to having had a heavy marijuana smoking habit in past years, specifically noting that he had inhaled "many hundreds" of pot seeds in that time. [Ed. note: Cannabis seeds should never, ever be smoked. They contain no drugs at all and pose a health risk - the terrible smell should act as a warning!] In spite of this, it appeared that the consumption of the seeds did cause his allergic reaction, which was proven via a series of skin -prick tests. Samples of the various meal components were administered via the skin prick, which appeared to indicate hemp seeds and calamari as possible causes of the anaphylaxis, with the former causing the most notable reaction. While the doctors declined to administer an oral hemp seed test, due to the recent anaphylactic episode, the patient did tolerate an oral challenge with the calamari, leading to the conclusion that the hemp seeds alone were responsible for the anaphylaxis. Serum tests confirmed that raw hulled and roasted un -hulled hemp seeds were indeed the cause. Such results indicate that the patient in question would most likely also be allergic to hemp seed oil, although more study would need to be conducted to identify the seed components acting as allergens in this specific case. The patient could not recall any previous hemp food consumption and, against medical advice, subsequently smoked Cannabis without any adverse effect. Although one anecdotal case study certainly does not indicate a wide -spread issue, it should be noted that pharmaceutical companies will list side-effects in product packaging if even one solitary consumer has experienced them, to serve as a warning that such a reaction is possible. Geographical Variance in Environmental Exposure to Pot Aeroallergens Allergies are not usually specific to hemp or marijuana, as they are both Cannabis plants and therefore offer the same botanical features as each other. Hemp plants are merely Cannabis that tests at 0.1 percent THC or lower; these plants are used in the production of over thirty thousand types of industrial goods, such as paper, textiles, cordage, fuel, plastic and construction materials. Hemp cultivation remains mostly illegal in the United States, although some farmers and Native Americans have lobbied and managed to find ways to cultivate this non -drug crop. Canada produces much of the raw hemp material purchased by American manufacturers, so those living in border towns may be plagued by pollen from Canadian fields. Hemp fields are usually vast and will affect pollen allergy sufferers more than outdoor weed crops, as hemp plants are not segregated by gender and the males are intentionally left there to pollinate the females. Cannabis pollen is generally released by male plants during late springtime throughout the autumn, depending upon strain type and cultivation region. Male plants typically mature slightly faster than the females in order to promote the distribution of healthy, ripe pollen grains, which ensures a higher fertilization rate for the species. Hemp or weed fields in the central, northern regions of the country may reach the end of their flowering session between June and August, while crops in the northeastern part of the United States tend to finish flowering between September and October. In the more southern areas, flowering times may be extended and, as a result, pot and hemp pollen plagues these areas for a longer time span. Across the globe, hemp and marijuana are cultivated outdoors with relative ease, even in the cold, northerly regions that have extremely short growing seasons. Male pollen not only fertilizes female flowers, creating seeds, but it also covers every available surface, including people;' the pollen also travels thousands of miles on the wind As the purpose of the female flower is to produce and protect seeds (offspring), those plants that become pollinated will grow and swell with ripening seeds, allowing the next generation of plants to thrive. This can happen naturally, as marijuana pollen grains are carried thousands of miles by the wind. However, some weed farmers intentionally fertilize their female plants with specially -selected male pollen in order to create new strains with a desirable melange of plant traits. This pollen may have been released into the atmosphere via various means, but the end result is that folks who live many miles away from hemp or weed crops may still be subjected to allergic reactions from these fields. It is important to remember that, if you suspect a sensitivity to Cannabis pollen, you might want to avoid visiting grow rooms that are utilized in seed production, as the pollination process may take place at any point throughout the year. This represents just one benefit of indoor growing, as the space may be employed to recreate naturally -occurring phenomena such as light cycles, etc. The downside of indoor pollination is that the pollen grains tend to coat all surfaces of the space, including walls, ceiling, floor, lights, filters/ventilation, work surfaces, etc. Those who work in such areas and suffer from Cannabis pollen allergies should wear protective clothing and respiratory equipment to prevent exposure and shower immediately upon leaving work. In fact, those employed as growers, trimmers, processors, lab testers, runners or dealers have noted some of the most severe allergic reactions to Cannabis exposure, although such cases typically involve skin contact or pollen allergies, rather than sensitivities to pot smoke. Even narcotics officers, forensic lab technicians and hemp factory workers have contributed anecdotal evidence of work-related exposure leading to allergic reactions. Any contaminants, such as mold or mildew, may be transferred from the plants to the surfaces of the grow room, cultivation equipment and anyone who works or visits there A More Sinister Source of Allergens in Cannabis: Mold These days, partly due to legalization efforts across America, more and more consumers are attempting to increase their self-awareness and personal quality control measures when it comes to Cannabis buying. This is evidence of advocacy progress across the country, as contaminants such as chemical nutrients and additives, harmful pesticides and various living organisms (e.g., yeast, fungi, bacteria) can often be found in pot crops. It is essential that anyone with sensitivities to seasonal allergens, dust or mold be especially careful when working around Cannabis plants, either in a grow room or outdoor/greenhouse setting, as well as paying critical attention to the quality and condition of any weed or hash products purchased for consumption. Grow rooms and gardens are notorious breeding grounds for various pathogens, including mold and mildew; spores naturally become airborne and disperse in properly ventilated grow spaces - especially when good cultivation advice is followed and oscillating or stationary fans assist your extraction and ventilation system - thus, the spores easily latch onto clothing or hair when working with plants. Improper storage also causes a great deal of contamination across the country. Since it is extremely dangerous to smoke or otherwise consume moldy pot, it is a good idea to be vigilant, even if allergies are not of personal concern. While smoking some of these contaminants is merely disgusting, others pose a real danger to unsuspecting consumers, with mold representing a worst-case scenario in terms of collateral damage. Treatment for Cannabis -Related Allergies Anyone suspecting the presence of a marijuana allergy of any type should speak with a medical professional, preferably an allergist. Obviously, avoiding relevant triggers - pot smoke, the buds themselves, Cannabis pollen or moldy weed - is .the first line of defense when combating marijuana allergies. If that is not possible, medical intervention must be considered. Mild reactions of the skin are typically treated with corticosteroid creams or ointments, while complaints resembling hay fever symptoms can be addressed via either over-the-counter or prescription antihistamines, nasal decongestants and intranasal steroids. Allergen -induced respiratory distress or asthma -like symptoms are usually combated with 13 -agonists or inhaled corticosteroids. Severe reactions, especially for patients with a history of anaphylaxis, are generally relieved by epinephrine injections, administered via auto -injectors such as the EpiPen. - See more at: http://www.cannabis.info/us/abc/30005643-p-stylemargin-bottom-Ocm-langen-usallergic-to- canna bisp#sthash.lyg8RuTw.d p of Marijuana terpenes and their effects The genetic diversity of marijuana Pie chart of cannabis flavours (source: GreenHouse) Each marijuana plant coming from seed has a cannabinoid profile, unique taste and olfactory molecules, which are not found in the same way in any other plant. This combination of possibilities createscountless variations in the flavours and effects of marijuana, and are highly valued by growers, who can discover new emotions when growing different strains, or may start breeding projects in order to select the plant that best suits their needs or priorities. The wide range of flavours and effects offered by the different strains of marijuana also helps you to avoid developing tolerance to its effects: when you have a single variety, the user and his or her body will develop a resistance — tolerance — to the properties of the plant consumed. For a long time we have known that THC and THC -V are primarily responsible for the psychoactive effects of marijuana. Other cannabinoids (CBD, CBN, CBC, CBG ...) have little effect of this type. In this case, how can we explain the variations of the effects that can be observed from one plant to another? Terpenes, aromatic molecules in plants Black Somango marijuana from Philosopher Seeds Let's take a look at one of the components that make up the smell of marijuana. Between 10% and 30% is composed of terpenes, which are aromatic molecules produced in the resin of the plant. Most of the scents and smeUs that we associate wth plants are the result of terpenes (and flavonoids). Conversely, cannabinoids do not have any aroma orsmell. Because plants can not move, can not escape predators or flee when neighbouring plants overwhelm their territory, they have developed a very efficient defence strategy, primarily based on chemical warfare. Terpenes ensure several functions: for example, some of them keep predators away, others kill them, others slow their maturation, and others affect their metabolism somehow. Plants use other aromatic molecules to attract pollinating insects -thus ensuring reproduction — or to attract predators of their enemies. Apart from these, there are also other terpenes that can develop because of stress of the plant(excess heat, etc). Terpenes are a majocomponent of the so-called essential oils from plants. Aromatherapy uses the medicin| properties of these terpenes to regulate mood, sleep problems, acuity and overall hUh Forexample, theasonn0a| oil from lavender is calming and relaxing, while rosemary increases concentration and produces a feelingoxwe| being. It is possible to make essential cannabis oil through steam extraction. It is used in perfumes, cosmetics, soaps, candles, and also as a flavouring agent in cooking, such as candies and beverages (beer flavoured with marijuana Once marijuana has been harvested it contains abou1Y6essential oil, composed mostly of very volatile monoterpenes (80-90%), thaevaporate very quick!y. Once the weed is comp!etely dry, the amourit of essential oil is only 0.1%, and about 50% of this is made of sesquiterpenes, which are far less volatile. What are marijuana terpenes? More than 100 different terpenes have been detected in marijuana, and there are many more if we consider the different variations of each one. For example, the typical smell of citrus fruits comes from terpenes called limonenes, but these can vary in concentration. The limonenes of a lemon are identical to the limonenes of an orange, but each variety is defined by a different smell, resulting from tiny differences in the proportions or the form of the limonenes that t contains. Here we Iist the main terpenes found in Cannabis Sativa and ts effects on our health. You wiU see that percentages can vary widely from one variety to another,: A-PINENE [INA'LOOL ���`��;��^LL�]� MYRCENE . . wn'|o;muumux, ANESTHETIC 04' 'wutkvm*' Bkoumuou^mn ANTI -CONVULSANT AIDS MEMORY ANALGESIC /xi ANTI -BACTERIAL -ANXIETY TRAI "l," /"` "-i ." p`,° also found .r lavender Temenes andnmnjuana CONTRIBUTES TO SEDATIVE EFFECT OF STRONG /wmoxo SLEEP AID MUSCLE RELAXANT v/,v ,"""a Si hops L(- 'E TREAIS ACO REF ANTI -ANXIETY xmmmmooaF "'^n l=^~a .^ tt:t" +le Myrcene Hops Myrcene is the most common terpene in marijuana strains (up to 60% of the essential oils of certain varieties) however, it is not found in hemp textiles. It is also found in large quantities in hops or in the West Indian wood (Saint Thomas Bay). Its smell is very similar to cloves (girofle). Myrcene is a potent analgesic, anti-inflammatory and antibiotic. It blocks the action of cytochrome, aflatoxin B, and other pro -mutagenic carcinogens. It also has a relaxing, calming, anti spasmodic and sedative effect. Acting in synergy withTHC, myrcene increases its psychoactive potential. Limonene Limonene is often the second, third or fourth terpene found in cannabis resin. This family of terpenes produces the ty•ical smell we all recognise as citrus. Limonene has anti fungal and anti bacterial properties and is also anti Citrics carcinogenic. It prevents the detioration of the RAS gene, one of the factors that contribute to the development of tumors. It also protects against Aspergillus and carcinogens present in smoke. Limonene quickly and easily penetrates the blood -brain barrier, which increases systolic pressure. During testing on the effects of limonene, participants experienced an increase in attention, mental focus, well-being and even sex drive. Limonene is used sometimes in spray form, to treat depression and anxiety. It also has the effect of reducing the unpleasantness of gastric acid and stimulates the immune system. Plants use limonenes to ward off predators; for example, it repells flies like any insecticide. Caryophyllene Caryophyllene can be found in various herbs and spices, particularly in black pepper, which contributes to the spicy flavour. It is a local anti inflammatory and analgesic, and one of the active ingredients of the clove(Gimflc). It is an Black pepper efficient remedy to relieve toothache. It also has anti fungal properties. This terpene has the particularity of selectively activate the cannabinoid 2 receptors (CB2), while it is not a cannabinoid. This discovery opens the door to many possibilities in medicinal research. Pinene Pinene is responsible for the familiar smell associated with pine and fir trees, and to be more precise, its resin. It is the main ingredient of the essence of turpentine. It is present also in many plants such as Sage orRosemary. Pinene is used in medicine as an expectorant, bronchodilator, anti inflammatory and local antiseptic. It also crosses the hemato encaphalic barrier very easily, where it acts as an inhibitor of acetylcolynesterasics, preventing the destruction of molecules responsible for the transmission of information, which results in memory improvement. It Pine branch is largely due to the presence of pinenes that Rosemary and Sage have been considered to be beneficial plants during thousands of years of traditional medicine. This terpene ca, in part, counteract the effects of THC, which leads to a decrease in the acetylcholine levels. The result is that the memory fails more with pure THC than with THC mixed with pinene. Skunk strains are, for example, recognised for their high levels of pinenes. Because this produces a bronco dilator effect, the smoke of plants rich in pinene give the sensation of sucking more air, which can cause hyperventilation or sometimes cough. Pinene also improves concentration, personal satisfaction and energy, but it may be limited by the effects of the terpinol. Lilac flowers Terpineol Terpineol smells of lilac, crabapple blossoms and lime blossoms. During tests on mice, their mobility was reduced to 45%. This explains the sedative effectof some marijuana strains. Terpineol is often found in strains that have a high level of pinenes, the aromas of which can hide the smell of terpineol. Borneo' Mint Borneo) has aroma of mint and camphor. It is used in Chinese medicine against fatigue, stress, or to recover from illness. The Super Silver Haze Mariivana strain from Sensi seeds is known for its camphor aromas, and its effect is both relaxing and psychedelic. Hence, we can suppose that it contains a good amount of borneol. Linalool Lavender Linalool has a floral smell like lavender and spring flowers. Humans are able to smell it at very low levels, from 1 PPM in air. Linalool is currently used in the treatment of various cancers. It also has a powerful calming action, anti anxiety, and produces a sedative effect. In tests on mice it was discovered that their activity decreased by 75%. Linalool is thus partly responsible for the sedative effects of certain marijuana strains. It also has analgesic and anti -epileptic properties. Eucalyptol ucal •tol also called 1,8 -cineol) is the main ingredient of eucalyptus essential oil. It has the characteristic Eucalyptus leafs minty smell of this tree and is also found in small amounts in marijuana. Its effects relieve pain and improve concentration and inner balance. Plants containing eucalyptol enhance meditation and concentration. Nerolidol Nerolidol, with woody and fresh bark aromas, can be found in ginger, niaouli and citronella. It hasanti fungal, anti leishmaniasis and anti -malarial properties. It also produces a sedative effect. Other Terpenes Other terpenes that can be found in mariivana resin are, for example, phellandrene, phytol,humulene, pulegone, bergamotene, famesene, D3-carene, elemene, fenchol, aromadendrene, bisabolene, and many more... We see then that the endless possibilities of terpene profiles are responsible for variations in taste and effects of marijuana. Some combinations of terpenes can act in synergy (the effects are added), while others are antagonists (the effects inhibit each other). Some terpenes increase the assimilation of THC, while others affect the flow of dopamine and serotonin, two of the main regulators of mood and behavior. AI,,ALGESk ANORECTIC Weight loss grall ANTIBACTERIAL — pArs bci..ria,vowth A q11 -DI A 6 ET IC sg:_16 u S blood sugar I iNels AN IIDEPRESSAN T ANTI-EML11( ANTI LPILE AN'TIFUNGAL ANTI.INFLIJAMATORI ANTI -INSOMNIA jams ANTI IsCIILMK A411-PROUIERATIVE reaps ioRA psoriasis ANT IPSYCEIOTIC : ANTISPASMODIC NM. firrqf ANXIOUTIC APPUTITI: STIMULANT fa.:lai appent,_ Firtevt's SYM NOM of depre-won CMS FEL* RA?duc vOmiting and naitiea cA Th ail es .nd convulsiGns 10?afs hingaI infection Aids sle.,en Reduces risk of artery blkxlsage BONE ST IMUt ANT GASTRO-OF.SOPHAGEAL riErtusi. ITAMUNOSItrAULANT !MALIN° St IPPRESSIVE INTESTINAL AN II •PROKINFTIC NaIROPROTECTIVE VASOREL AXANT Reduces inflammation tnhibits cancer cell growth I rawrillizina SUppress muscle spasms Relieves anxiety Promores bone orowth JUCt,3,id reflux, 'JIM! ilatErS The iMmune sy51en-, luilLuon in the immune system Re,luces small intestine .:ontractions Retards nervous system de-Jeneratk)u, erejAl cic-duces vascular r.ension !"..7 Synergistic effects of terpenes and cannnabinoids. (source: Halent Laboratories) i=vr- DISCLAIMER The Infer maim en dee woa reggete oneoreme flagmen* mulassional end not reenclod as me %mak smocks; timid' ume proieskee decesonsropedinency use et medicalc Copyright @ 2011 Halent We know that some medical marijuana users have noticed that one plant in particular helps them more than others. When analysing these plant cannabinoids we see, however, that they have the same or very similar levels than other plants whose effects are lesser. We can see that some terpene profiles, together with suitable cannabinoid rates, are more effective for patients than other similar varieties. We notice then, through the effects of marijuana, that terpenes do have a role. Unfortunately, current chromatography techniques do not allow accurate identification of all terpenes present in marijuana. This diversity offered by nature is impossible to reproduce for the pharmaceutical industry, which attempts to isolate the active principles in order to patent its synthetic reproduction. Pure THC causes very different effects than marijuana because it is missing all the terpenes and cannabinoids that modulate its effect. The plant's age, maturity, and time of harvest may also modulate the levels and amounts of terpenes. Usually, the smell becomes more intense during flowering, but it can vary depending on weather conditions, environment (fertilizers ...), or plant stress. You will notice, for example, the smell of a plant is usually stronger earlier at dawn than at dusk. Terpenes are responsible for both the flavour and aroma of the plant. It is important to remember that a plant with little aroma will always have little flavour. \J t.,_t 5 , t ' .v __...... rrrr_. _--- r__rrr.._r®_. rr rrr..rrrrr�rrrr.rrrrrrrr7 Chart of marijuana aromas (source: Big Book of Buds) Terpenes and their interactions on the brain is a fascinating subject, which opens the way to numerous medical researches and another level of exploration and creativity for seedbanks. Through recognizing the different families of terpenes, we can predict the effects of a marijuana bud only with its smell! Mango, myrcene and marijuana? Tropical mango fruit According to several sources, eating a good ripe mango 45 minutes before smoking marijuana increases the effect of the herb. This could be explained by the presence of Myrcene in mangos, which acts in synergy with the THC. But according to our research, we should select a very good variety of mango, because only a few have essential oil rich in myrcene (Cavalo 57.1%, rose 52.4%, Sword 37.2% and Paulista 30.3%), and besides, this myrcene, mixed with other molecules of the same fruit, decreases their assimilation. Also, if the mango is not very ripe themyrcene level will be too low to notice its interaction. Essential oil of hops can also be used (hydro -distillation of the unfertilized female flower). It contains more than 20%myrcene which can be assimilated very quickly. Terpenes open the door to numerous scientific researches and investigations, particularly on a medical level. For example, if we add more limonenes, we will have a more stimulating herb, and on the contrary, if we increase linelool levels of a plant, its effect will be much more sedative. For more imformation visit the links below. Pure terpenes (Source: Mark Heinrich) agri AgriAir PG -3 (HO) Air Purifier The AgriAir PG -3 (HO) air purifier is our dual generator high output model for indoor garden air purification. Powerful oxidizing Ionized -Hydro -Peroxides, Super Oxide Ions and Hydroxide ions are created in a low energy cell. Generated hydro peroxides destroy microbes by changing the molecular structure and rendering them harmless, as also is the case with volatile organic com- pounds, odors, mold, and bacteria. The level of saturation of Ionized -Hydro -Peroxides that we generate to sanitize & remove odor, in indoor gardens or greenhouse, are at about the same lev- els that are constantly in our outside air. The lifespan of generated oxides is approximately 15 minutes, after which the unused oxides convert back to H2O and 02, leaving air clean and fresh smelling. 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Protection Class: Class I Temperature Ambient: For further detail information please see attachment. Tested CAN/CSA C22.2, No. 113:2012 according to: UL 507:1999 The product is intended and certified for USA and Canada. Other countries might have other requirement, which were not part of this Certification. The product was voluntarily tested according to the relevant safety requirements noted above. It can be marked with the certification mark above. The mark must not be altered in anyway. This product certification system operated by TOV SOD America Inc. most closely resembles system 3 as defined in ISO/IEC Guide 67. Certification is based on the TUV SOD "Testing and Certification Regulations". TUV SOD America Inc. is an OSHA recognized NRTL and a Standards Council of Canada accredited certification body. 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Ozone emission results are always in the .01 ppm range well below the .05 ppm that the FDA and California consider safety limits. AgriAir Equipment 4640 Campus Place Ste. 110 Mukilteo, WA 98275 www.agriairequipment.com p. (425) 977-5224 f. (425) 290-3964 Jrey C� s� I would like to ask a question for everyone who has grown up here. Where have the times gone? When I was a kid I remember going down division st and seeing what looked like miles of logs stacked 50 feet high with sprinklers watering them to preserve the wood. There was always a job at the mill that could pay a decent enough wage to raise a family. Let me ask this. Where does the common man go to get a job now? The jobs created from cannabis aren't just from selling the flower, but many many more facets to this new industry centered around one plant that can be grown locally. Think of all the jobs I create myself with one greenhouse in my backyard that only takes up a space of 30 x 86 ft. I have enough work to fill a full work week for two people, on the side I hire hvac experts, electricians, pay people to make my edibles and topicals, pay people to trim the leaves off the flower. I pay someone to turn the flower into activated cannabis oil, I pay a lab to test my products for purity, I buy soil from the landfill and a local landscape supply, I buy supplies at the grow store for fertilizer as well as the natural food store for edible and topical ingredients. I purchase my LED grow lights from a local company here as well as my greenhouse plastic and frame from a local supplier. I could cuadruple my gross income if we can go to commercial growing and not have to stick to the medical grow laws. We have 1% available housing that costs a two week paycheck for rent, and few jobs that pay decent. These dollars from retired folks and tourism turn into jobs, but it's not enough to support the amount of people here. We passed recreational marijuana last year, so lets get the ball rolling so we can compete with those who are in the valley in counties where it is legal to grow. We already have a disadvantage with the cold climate here, do we really need to wait til November when winter starts before we can grow with canopy laws instead of plant counts? If we dont go commercial alot of people will have to find jobs that arent there, and more poverty will ensue with meth and heroin hitting the streets even more. There is micro economics with this industry that trickle down to the restaurants, and shops and car dealerships and everywhere else people spend money locally. Are we going to let Western and Southern Oregon supply our cannabis or are we going to supply it ourselves and make millions of dollars off taxes from 1 it. We can weed out the bad apples of the bunch. Like any industry it will take a few years to get the kinks out, but I don't want to miss out on this great opportunity that could change our county for the better. This could also fix a lot of the problems through the generation of tax dollars that could finally be addressed to make Bend a better place to live, before we fall behind the competition where the commercial growing laws are legal. F r Submitted to: Deschutes County Planning Commission; on May 2, 2016 Comments on: Proposed Rules for Marijuana Production in Deschutes County, Oregon Submitted by: Albert C. and Alvera C. Fols 6250 NW Euston Ct., Redmond, OR 97756 Commissioners, 171 These comments are submitted in a timely manner and express our concerns of rules and regulations for the production of marijuana in Deschutes County's unincorporated areas. We have reviewed prior recommendations publicized by the Deschutes County Planning Commission (County Commission) and subsequent proposals by the Marijuana Advisory Committee (MAC). f The County Commission's recommendations and MAC proposals differ significantly on which land use Zones are permitted for marijuana production. The County Commission's recommendations allow production in MUA-10 Zones on a parcel with a minimum of 5 acres. MAC, by consensus, has proposed that production be permitted in only EFU Zones and prohibited in the RR -10, MUA-10, F-1, and F-2 Zones. We agree with MAC that production should be prohibited in RR -10, MUA-10, F-1, and F-2 Zones; particularly MUA-10. Many MUA-10 Zones are "family residential" and marijuana production would not be conducive to neighboring properties. Production on a 5 -acre parcel would require mitigating measures; a 200' setback proposed by the County Commission is one example. A five -acre property, with 200' setbacks, would not be viable for marijuana production. A 5 -acre parcel with an ideal square shape (466.7' X 466.7'), would be left with a production area of 66.7' X 66.7'; thusly not practical for production. Other configurations would result in less production area; if any at all. And setback less than 200' from a property line would not significantly reduce the impact of production on the neighboring properties. MAC's proposal limiting production to only EFU Zones would be the correct regulation and should be adopted by the Deschutes County Planning Commission, Thank you, in advance, for considering our comments and one of the few recommendations reached with consensus by the Marijuana Advisory Committee. Alvera C. FoIs TO: Chair Unger, Commissioner Baney and Commissioner DeBone FR: Aviv Hadar / Oregrown / Stakeholder / Deschutes County (Tumalo) DA: May 2, 2016 RE: Comments in Support of Deschutes County Commission Adopting Regulations for Legal Cannabis Hello Commissioners DeBone, Unger and Baney, Thank you so much for your continued efforts you've all put forth regarding this issue. It has been an intense year and a half for this entire industry. Deschutes County has been through a lot. It's undeniable that this area is booming in growth and looked at as one of the most desirable places to live in the entire country. Our county is comprised of a beautiful and eclectic mix of individuals. Here in Deschutes County we cater to both ends of the spectrum. We have 4th generation Oregonians like my wife and her family, we have an endless influx of young people that want to live in and enjoy our bountiful recreational activities, and we have retirees that move here from all over the country looking to enjoy a wonderful climate and healthy lifestyle. The biggest issue Deschutes County faces as we all press forward — living in this county — together, is that this County needs jobs and some sort of semblance of economic stability. As the first person in Oregon State history to testify to the OLCC on behalf of Measure 91 over a year ago, I am urging you to respect the will of the voters. Please allow this industry to thrive here and bring in the economic stability that's desperately needed through agriculture. Our entire community does not want to be on the wrong side of history here. Again, thank you so much for your ongoing efforts regarding this issue. Let's get this right. Not only for Deschutes County, but for the entire agriculturally pioneering State of Oregon. In an overwhelming number of campaigns (especially Presidential Political Races), bills and measures, even a result as low as 5o.1% majority vote is recognized as a huge victory. If the supporters of either the Democratic or Republican party were told that 5o.1% wasn't enough for a win, you'd have legitimate claims for corruption and scandals all over. It would also be remiss of me not to mention the fact that all four of my grandparents were direct Holocaust survivors and all had numbered tattoos imprinted on their arms because they were Jewish. My grandparents fled Hungary, Morocco, Spain, and Turkey. Any mention of a mass genocide or "holocaust" of any type against any group of people is incredibly derogatory and offensive, especially towards in Israeli American such as myself. I come from a military family. My eldest brother is a highly decorated officer in the high intelligence sector of the air force. My father served. My mother served. All of my aunts and uncles served in the military. Most of my cousins have served and many of our family members have given their lives for this country. I wasn't planning on directly speaking to the Holocaust comment from the first hearing, however my parents were both watching the previous hearing online and called me with extreme, great concern about what's going on in this County. The county that their son — a second generation Holocaust survivor — has chosen to call home. America was not founded on racist principles, holocausts or mass genocides. America was founded on Freedom. Moving forward, regardless of whether this opt -out is rescinded or not, I must respectfully ask all community members to refrain from comparing any of our farming facilities to Nazi run concentration camps. It's not only offensive but it strikes at the core of what helped create this country. It strikes at the fundamental liberty and beliefs that propel my entire family forward — fighting for this country's freedom and putting their lives on the line — every single day. May 2, 2016 Deschutes County Commission 1300 NW Bond St. Bend, OR To Commissioners Baney, DeBone, Unger: Sg I urge you to Opt Out of production of recreational marijuana Deschutes County because of its destructive effects: increased noise levels, overwhelming odors, higher electricity use and water use. There will be more traffic and homeowner's property values will drop. Our area relies heavily on tourism hosting many outdoor sporting events; skiing at Mt. Bachelor; the Pole, Pedal, Paddle and Cycle Oregon bike races. The thousands of visitors who come to enjoy kayaking, snowshoeing and hiking may be deterred by the rows of marijuana greenhouses surrounded by barbed wire fences where there used to be open fields and views of snow capped mountains. Some may choose to spend their vacation dollars elsewhere. Since legalizing recreational marijuana in Colorado, that state is seeing increased emergency room visits and arrests for DUI's, both related to marijuana. In April, an Alfafa woman was arrested after her home burned to the ground. Drug agents found evidence of an illegal marijuana grow and a hashish oil operation. Combustible solvents were stored in a second shed. The introduction of recreational marijuana grows here will lead to more crime and overburden fire, police and medical personnel. County tax revenues collected will not cover the costs. Voters passed Measure 91 to legalize recreational marijuana for personal use, there was no mention of categorizing marijuana as a "crop" giving it the same protections that govern other agricultural industries. Voters were duped by state officials and investors looking to reap big profits. There was no concern for problems this would cause area residents and their property. There are 18 medical marijuana dispensaries in Bend and over 1,700 grows. Bend has 4 OLCC liquor stores in Bend — do we really need 18+ pot dispensaries? It makes sense to cap the number of dispensaries to the existing businesses. The annual estimate of excess marijuana produced in Oregon is 161,000 tons. Deschutes County does not need marijuana production. urge County Commissioners to Opt Out of production of recreational marijuana in Deschutes County. To be fair to voters it is only right that the issue be put on the November 2016 ballot, in a measure that is honestly and accurately written so voters know what they are getting into. ha,72. FRI, Lb 71 Monday, May 2, 2016 Chair Unger, Commissioners) Baney, DeBone: I personally support the consensus reached by the Marijuana Advisory Committee (MAC) to restrict light, sound and odor from cannabis cultivation on land zoned for exclusive farm use. We have some wonderful options all across the board here and we'd be happy to implement some or all of them. On other land use matters I personally support the county's original proposal for cannabis farming and processing on EFU and other farmland and with no more than a 5 acre minimum on EFU land. I get this is tough, but having big minimum acreage requirements will zone out potential properties that are perfect for this use and are essentially surrounded by nobody. The OLCC handles a majority of the initial investigation and approval process, so well be able to find the "bad apples" of the bunch very quickly through the immense hoops that everyone will have to jump through to gain approval to operate by the OLCC. Even with an opt -in, the order with which Deschutes County (rural) businesses will have submitted their application in to the OLCC will place them at the bottom of the application list that began on January 4th. The first production licenses were just approved yesterday. Nearly four months since the first submissions. The following text is my oral testimony from today's hearing: Thank you for allowing me the opportunity to speak before you today. My name is Laura Kulju, I reside in Bend and I do not support this opt out. I am a positive ambassador for responsible cannabis use and cultivation in our community. I was raised in Oregon—members of my family founded the city of Tigard, Oregon, I've been a resident of Deschutes County for 10 years and I am a respected, responsible, hard-working member of our community: Originally hailing from a medical background, I work 2 jobs so that I can put myself through college a second time, where I am currently pursuing a degree in Sustainable Agriculture. I am a tax -payer and registered voter who, regularly exercises my right to vote –but I realize as a responsible voter I need to educate myself on issues I have tenuous knowledge of, so as I can make an informed, appropriate decision. The reefer madness mentality, fear mongering and sheer ignorance I have heard from individuals in this room today isn't merely disappointing, it is frightening; continued education is necessary to all who wish to contribute an opinion in a formal discursive space. I urge you not to opt out of Measure 91. Please adopt responsible cannabis regulations within Deschutes County, effectively diminishing black market cannabis and increasing public safety and tax revenue. I am one of the many individuals within our community that will be directly affected by your decision. I am proud to work in the cannabis industry, employed by Oregrown Inc. --a local, sustainable, organic, farm -to -table cannabis company. I am a disabled medical patient, my mother is a disabled medical patient; she wouldn't be alive today and I wouldn't have the ability to be here speaking with you this afternoon, without safe access to this god given natural resource. Deschutes county residents voted in favor of Measure 91; because a very specific demographic of Deschutes county residents aren't appeased by the majority vote, is irrelevant. We are a republic; America is a nation founded on the principals' of democracy, --to allow an affluent few the opportunity to sway the majority vote is both unconstitutional and immoral. I mentioned my mother prior, she is an award winning historical novelist; I feel some of you may benefit from this brief history of marijuana in America: Our founding fathers, an elite, affluent, aged group of individuals, also had very strong feelings about marijuana: they required fanners a mandatory minimum allotment of land, specifically dedicated for cannabis cultivation. Our countries' Founding Fathers recognized Marijuana as a fungible agricultural commodity. Regulating cannabis businesses brings economic opportunity, sustainable agricultural biodiversity and safe access to safe medicine to our community. Please act swiftly to pass responsible regulations for licensed cannabis farming, processing and related business. Thank you for your time and attention. Kindest regards, Laura Kulju ht1u61,gm 79 You are wise to Continue the Opt Out of Recreational Marijuana, this does not affect medicine.The public can each legally grow 4 pot plants under M91, so there is no need for this recreational cannabis industry. Those sick can today already get their medicine. The issue really is Big Industry and grandfathering medical growers to become recreational pot growers. This is a problem. The medical marijuana program, in existence since 1998, is unruly today. The County has no list for the 1830 growers in Deschutes County on Jan 1 2015. This information should be known before you Opt In. Marijuana goal posts continue to change even as we speak This inhibits Multiple Coordinating Agency MAC implementation and undermines adequate livibility for Deschutes County. Relying on other agencies is not good implementing policy. There are upcoming hearings in May and June 2016 to amend the just recently rushed and signed into law SB 1598, SB 1511, HB 4014. Yes, laws created Tess than 31 days ago are being amended "housekeeping" they say: be vigil, read all words. We need a County LUCS back, we need to preserve our LM corridors, we want 2 year residency standards on the County books so we can meet our neighbor. Retroactivly grandfathering is inappropriate in Deschutes County because it will all befall your code enforcement and sheriff which has meager funds and is understaffed. Scattering the marijuana industry across our Targe rural county is not wise resource management. Our large county does not have the resources to implement regulations. Which means this will continue to be a burden on neighbors. Livability does not mean having to chase or turn in your neighbors whether thru code enforcement or costly civil action. Livability means quiet enjoyment of private property: free of beligerent noise or low lying oily stench that invades the brain. The Community Development mission is to facilitate orderly growth and development in the Deschutes County community through coordinated programs of Land Use Planning, Environmental Soils, Building Safety, Code Enforcement, Education, and Service to the public. Grandfathering is not orderly growth when it is scattered across the County. Placing employment in agricultural exempt buildings is not building safety. Orderly growth is when land use planning is not contentious as was the MAC (442 hours) and this process over the last year. Your MAC neither noticed nor invited OLCC, ODA nor OHA. Your MAC did not review SB 1511 nor HB 4014. Education includes written notice to all affected property owners and includes funding for health and drug prevention ahead of the problem. The State will release student data on marijuana this fall to update statistics from 2014. It is prudent to Opt Out. If there were actually coordinated programs between the various agencies, OHA, OLCC, ODA, OWRD, DEQ, Sherifs, State Police and the County then Deschutes County would know where the grows are located today: alas you don't know today. It is only when the community suffers a risky Toss that you learn about another black market grow. By Optin In, the black market will only increase leading to less safety and security Through out the rural area. Today there are many chapters of your code that required amending if you adopt regulations and this code work has not occurred. (noise code, odor code, indoor lighting code, structuring of land use calendars if date of application is the deciding date instead of the date of a land use decision (Rodriguez' dispensary), rules for containers "vaults", farming ordinances, definition of setbacks if not property line to property line) The County is remiss to Opt In prior to identifying, funding and completing the above code work. There are today no standards in place for edible labeling or THC concentrations etc. We don't need properties cluttered with more than 1 medical grow license. Continuing the Opt Out is the right way to mentor our children and to keep them safe. Continue Opt Out in Rural Deschutes County. The Cannabis Industry includes hemp and pot which both generate THC. This is not hay, hogs or horses. The Cannabis Industry belongs in Targe lot heavy industrial parks in UGB's not scattered near Rural Residential, MUA or EFU zones or in quaint farming unincorporated communities. This industry does not need farmland; it is grown above the ground in pots, on cement floors and even in metal shipping containers. Cannabis is not food, it is noxious and federally illegal. This heavy industry requires strict oversight, which should not be subsidized by the public, should be licensed so that Deschutes County can track and manage it, and should be near law enforcement and where there is working fire suppression. Razor wire and security cameras are intimidating and are have no business in rural deschtues. This industry should be placed away from a child getting an icecream in summer at the local store. This inudstry should be managed for all of it's risks. I encourage you to look closely at why 1000' setback was granted to children in schools. Frankly 1000' setback should be granted to every rural property owner. We need to plan for how we develop our entire community not ,just this special interest. Our entire community of expanding UGB's such that we don't impede the future best siting for instance of a location of a new schools to serve our community. Jobs belong in cities where there is infrastructure, transit, housing and safety this is why DLCD creates the urban 20 year supply. You hold the Public Trust to protect the safety of our air and environment and to protect our rural citizens, so I encourage you to act with caution and not put rural Deschutes residents at risk. It's Maybay Continue the Opt Out and Let the voters decide. Nunzie Gould, a county property tax payer 541-420-3325 attachments: 2 maps, page 3 OHA OMMP Statistics snapshot 01/2015, 1 public hearing notice from: < http://www .oregon.gov/ohnimmj/Pages/rules. aspx#proposed > :.CBF '2.02 2C'2-02 )11411gICI I R1-217EITITTI • Iluo • jUO tlno W C.) Li. CC W C.) • a 17: 1— Cr W Attachment to Certificate No. U8 14 11 76448 006 for Omnitec Design, Inc. Technical Data: Models Voltage Frequency Input Weight Current Dimensions VAC Hz T A Kg Air Purifiers 1: OAHPG 115 60 3.0 7.2 2.- OAHPG-3 115 60 4.5 8.1 3.- OAHPG1000 4.- OAHPG1000-3 115 60 5.0 14 115 60 7.0 15 WxDxH 355mm x 203mm x 635mm 355mm x 203mm x 635mm 254mm x 660mm x 508mm 254mm x 635mm x 508mm Capacity Air Flow CFM Ambient Temperature °C 100-2000 • See Note 48.8°C 1 100-2000 . See Note 48.8°C 1 300-850 40.0°C 300-850 40.0°C 5.- 208mm High housing 200-1100 OAHPG1200 115 60 4.5 10 Medical Facilites 'See Note 40.0°C 2 660mm x 203mm x 200-1800 6. 115 60 4.5 7.2 508mm ' See Note 40.0°C OAHPG1600 Medical Facilites 3 355mm x 203mm x 635 100-2000 7.- AAHPG 115 60 3.0 7.2 mm ' See Note 48.8°C 1 355mm x 203mm x 635 100-2000 8.- AAHPG-3 115 60 4 5 8.1 mm * See Note 48.8°C 1 9- AAHPG1000 10.- AAHPG1000-3 115 60 6.0 14.0 115 60 7.0 15.0 254mm x 660mm x 508mm 254mm x 635mm x 508mm Note 1: 100-200 CFM from external fan. Note 2: From 1200 PAC Machine. Note 3: From OmniAire PAC Machine. 300-850 40.0°C 300-850 40.0°C America Report Number: P11407281-000 2014-11-12 Page 2 of 2 TUV SOD AMERICA iNC • 10 Centennial Drive • Peabody, MA 01960 USA • www.TUVamerica.com TUV® Deschutes County Property Information - Dial Zoning Map for account 155998 # taIGInba,,GeoEye, EarttistarGeographics, CNES/Airbus AE X, Getrpapping,Aeragrki, IGN, IGP, swtsstopo, and er Cigt,0ty, Deschutes CouniGiS Map and Taxlot: 1612180000601 ctAr&i• C;•I'D C. Deschutes County Property Information - Dial Zoning Map for account 127190 ogd 1s !VitT, a, -11 11"0-6'0011,14Y.gis Map and Taxlot: 211014C002400 c_LAAD-r -AAA_Va El EU. en Ly— 1, 11i-& Fct 1. Count of Patients, Caregivers, Growers, and Growsites1 Patients Caregivers Growers Growsites Mailing Address in OR 68,570 34,482 45,234 35,765 Mailing Address outside OR 1,569 582 551 N/A Total 70,139 35,064 45,785 35,765 2. Count of Patients, Caregivers, Growers, and Growsites in Oregon by County, and Outside Oregon' Patients Caregivers Growers BAKER 256 135 173 BENTON 1068 528 691 CLACKAMAS 5008 2763 3456 CLATSOP 667 315 446 COLUMBIA 939 511 713 COOS 1645 819 1281 CROOK 386 229 277 CURRY 870 405 570 DESCHUTES 3491 1923 2308 DOUGLAS 2386 1231 1804 GRANT 105 59 81 HARNEY 106 57 71 HOOD RIVER 317 167 237 JACKSON 7962 3293 5184 JEFFERSON 358 192 252 JOSEPHINE 5160 1892 3945 KLAMATH 1228 590 912 LAKE 128 73 82 LANE 7577 3525 4978 LINCOLN 1258 582 770 LINN 2021 1133 1383 MALHEUR 519 285 376 MARION 3860 2248 2563 MORROW 67 < 50 52 MULTNOMAH 12014 6243 7423 POLK 1062 623 756 TILLAMOOK 558 236 385 UMATILLA 614 352 427 376 216 263 139 55 88 WASCO 440 273 323 WASHINGTON 4737 2801 2912 YAMHILL 1180 650 817 Combined total for GILLIAM, 68 < 50 51 SHERMAN, & WHEELER 1 Outside of Oregon 1569 582 551 UNION WALLOWA Growsites 152 549 2901 380 573 963 220 471 1830 1421 69 63 196 3240 231 2482 765 89 4134 662 1077 305 2055 < 50 5967 583 325 351 223 73 292 2362 664 < 50 N/A Oregon Health Authority • Public Health Division • Oregon Medical Marijuana Program Statistic Snapshot, 01/2015 — Page 3 Medical Marijuana Dispensary Program Medical Marijuana Dispensary Program Rules Medical Marijuana Dispensary Program About Us Dispensary Directory How to Apply or Renew Forms and Signage Early Retail Sates Reporting Laboratories Frequently Asked Questions Rules Rules Advisory Committee Local Government Option Enforcement Actions Change of PRD Background Check Bulletins Contact Us School Locator Map Marijuana and Your Health Oregon Medical Marijuana Program Oregon Health Authority Rules and Statutes • Current rules • Proposed rules • OHA testimony • Related rulemaking • Statutes ORS 4758 • Legislation related to medic ai marijuana 5/2/16 10:18 AM Find Subscribe for updates OHA Marijuana Rules Advisory Committee Medical Marijuana Patients, Growers, Processors, Dispensaries (Rules related to House Bill 3400) These permanent rules are effective March 1, 2016. • OAR 333-008: Medical Marijuana Patients. Growers. Processors. Dispensaries (Da) o Hearing Officer Report (Pdfl_ Limited Marijuana Retail Sales (Rules related to Senate Bill 460) These permanent rules are effective March 1, 2016. • OAR 333-008: Limited Marijuana Retail Sales (odfl. Labeling, Concentration Limits and Testing These temporary rules are effective January 1 - June 28, 2016. • OAR 333-007 and 333-064: Temporary Rules for Marijuana Label' g. Concentration Limits and Testing (odfl o Table 1: Retail Marijuana Item Concentration Limits (Ddf) o table 2: Medical Mariivana Item Concentration Limits (odfl o Exhibit A. Tables 3 and 4: Standards for Testing Pe;:ticides and Solvents (pdfl o Statement of Need and Justification for Temporary Rules lodf). o Statement of Need and Justification to extend effective date for marijuana labeling. product servino size and concentration limit reQuirements (pdfl. Packaging; Waiver of Replacement Card Fee These temporary rules are effective April 13, 2016. Section 1225 expires September 30, 2016. Section 9900 expires July 1, 2016. • OAR 333-008-1225 and -9900: Temoorary Rules for Marijuana Packanina: and Waiver of Replacement Card Fee (odf) • Statement of Need and Justification (odfl. Proposed Rule Text • OAR 333-007 and 333-064: Proaosed Rules for Cannabis Testina and Accreditation of Laboratories (pdf) o Proposed Exhibit A. Tables 3 and 4: Standards for Testina Pesticides and Solvent (odfl o ORELAP Cannabis Sampling Protocol • OAR 333-007: Proposed Rules for Marijuana Labeling and Concentration Limits (DO) o Proposed Table 1: Retail Marijuana Item Concentration and Serving Size Limits (pdf). o Proposed Table 2: Medical Marijuana Item Concentration and Serving Size Limits (odfl. http://www_oregon_gov/oha/mmj/Pages/rules.aspx#proposed Page 1 of 3 Medical Milrijuana Dispensary Program Medical Marijuana Dispensary Program Rules 5/2/16 10:18 AM • OAR 333-008: Proposed Rules for Medical Marijuana Implementing House Bill 4014 and Senate Bills 151.1 and 1598. Housekeeoina Chanoes (pdfl Rulemaking Documents • Statement of Need and Fiscal Impact (odf) • Notice of Proposed Rulemaking Hearing (odf) Public Comment You are invited to review the proposed rules and to comment on them. If you wish to present oral testimony, public hearings will be held in Portland, Medford, Eugene and Bend at the following times: May 19, 2016 at 11:00 AM Portland State Office Building, Room 1B 800 NE Oregon Street Portland, OR May 23, 2016 at 1:30 PM Medford Public Library, Large Conference Room 205 S Central Avenue Medford, OR May 25, 2016 at 1:00 PM Atrium Building, Sloat Room 99 W 10th Avenue Eugene, OR June 3, 2016 at 1:00 PM Deschutes County Health Services Building, Stan Owen Room 2577 NE Courtney Drive Bend, OR You may submit written comments through June 3, 2016 at 5:00 PM. Email: publichealth.rulesestate.or.us OHA, Public Health Division Administrative Rules Coordinator 800 NE Oregon Street, Suite 930 Portland, Oregon 97232 Final rules will be filed after consideration of all comments. • Testimony for House Bill 401,4. 2/2/2016 • Testimony for Senate Bill 1411. 2/2/2016 • Memo to Joint Committee on Marijuana Legalization, 2/1/2016 • Medical Marijuana Changes Grid. 1/31/2016 Environmental Laboratory Accreditation • OAR 333-064: Accreditation of Laboratories Recreational Marijuana (OLCC) The Oreoon Liquor Control Commission (OLCC) is now accepting recreational marijuana license applications. • OAR 845-025: Temporary Rules for Recreational Marijuana (pdf) • OLCC's Rules Advisory Committee • Cannabis Regulation: Oreoon Revised Statutes (ORS) 475B The Oregon Medical Marijuana Act begins at 4758.00 • Senate Bill 151 1 2016 session, effective March 29, 2016 Makes several changes to the laws governing medical marijuana. http://www.oregon.gov/oha/mmj/Pages/rules.aspx#proposed Page 2 of 3 Medical Marijuana Dispensary Program Medical Marijuana Dispensary Program Rules S/2/16 10:18 AM • House Bill 4014 2016 session, effective March 3, 2016 Makes several changes to the laws governing medical marijuana. • Senate Bill 1598 2016 session, effective March 3, 2016 Makes several changes to the laws governing medical marijuana. • senate 8i11 844 2015 session, effective August 12, 2015 Establishes task force on researching the medical and public health properties of cannabis. • Senate Bill 460 2015 session, effective July 27, 2015 Allows medical marijuana dispensaries, beginning October 1, 2015, to sell limited marijuana retail product to adults 21 and older in accordance with certain conditions. • House Bill 3400 2015 session, effective June 30, 2015 Makes several changes to the laws governing medical marijuana. • senate Bill 1531 2014 session, effective March 19, 2014 Specifies that governing bodies of a city or county may adopt ordinances that impose reasonable regulations on operation of medical marijuana facilities. • House Bill 3460 2013 session, effective August 14, 2013 Directs OHA to establish a registration system for medical marijuana facilities. Subscribe to receive e-mail updates about rulemaking and other issues related to the Oregon Medical Marijuana Program. OREGON.GOV State Directones Agencies A to Z Oregon Administrative Rules Oregon Revised Statutes Oregon - an Equal Opportunity Employer About Oregon.gov ODYA LEANN ‘,1 WEB SITE LINKS Text Only Site Accessibility Oregon gov OHA ADA Notice File Formats Privacy Policy Site Map Web Site Feedback PDF FILE ACCESSIBILITY Adobe Reader, or equivalent, is required to view PDF files. Click the "Get Adobe Reader Image to get a free download of the reader from Adobe. Reader http://www.oregon.gov/oha/mmj/Pages/rules.aspx#proposed Page 3 of 3 hetuk In k) cell kApi. Mo,AAL Deschutes County is not tasked by the Oregon legislature to govern the State medical marijuana program (OMMP) or it's regulations. It is the job of the Oregon Health Authority (OHA) to implement and regulate this industry across Oregon and across Deschutes County If medicine is what you want, then begin by requesting that OHA regulate the medical program in Deschutes so that medicine is available to patients. You can continue your Opt Out during this time. On March 29, 2016 OHA had 1529 medical grow sites in Deschutes County yet OHA could not document where 58 of those grow sites (for a total of 62 growers) were located, or whether these 58 or 62 were located Inside Cities in Deschutes County or Outisde City Limits in the County and OHA also didn't know whether or not these 58 grow sites were residential or not residential sites. If the agency tasked with oversight of the medical marijuana program cannot keep tabs of it's growers and grow sites 33 days ago for a program that started 18 years ago, then it is premautre to rescind the Opt Out. If the medical patients in Deschutes County cannot obtain their medicine today under a program that began 18 years ago under OHA's tutelage then there is something fundamentally amiss here. OHA's stats are incomplete for Deschutes where it includes a footnote 1 that reads: "If a participant or grow site does not have a county designated, it will not be counted" Deschutes County has no assurance today that OHA and OLCC will actually regulate the recreational pot industry from a medical marijuana origin in Deschutes County. And under the Opt In program, what assurance does Deschutes County have today that OHA and OLCC will actually implement regulations whether Deschutes County's or the State's to regulate the medical growers will follow the law to legally morph to recreational growers or increase the size of their operations? If you Opt In today, you will just add confusion. The OHA and OLCC regulations continue to morph. OHA and OLCC were not noticed agencies during the County's MAC meetings this spring. So it is time to get a working relationship going between Deschutes County and these agencies before any Opt In. Yes MAC should stand for Multiple Agency Coordination. The marijuana industry is as complex as destination resorts and surely the County doesn't want the head ache of tracking the 1830 grow sites that were authorized under the OMMP program on Dec 31, 2015. Deschutes County must substantiate that the agencies who are supposed to manage the medical marijuana program actually are managing the program in our County. Just saying they will, or saying this is what they're supposed to do is not management. There are many bad apples here; this industry is not bankable and it is federally illegal and not recognized as medicine by our federal boards of medicine. There should be no secrecy behind who is licensed to grow or what land use zone with residence or without residence or in City or ourside City, these sites are located. This is state law. Before authorizing more growers in Deschutes County, it is the responsibility of you our Board of County Commissioners to stop the black market here first. Contine the Opt Out - keep it simple. Nunzie Gould 541-420-3325 attachment: 1 U 2 Q _c O " J U �■ 7 0 C >SIE uJ §.0.) CD fvo 7:3 kE % C73°\ 1- : 7 0.10 cu0 # Tu 541-693-2175 k / 2 _ k $ E \ 541-536-1432 rlallen@ci.la-pine.or.us 541-385-1708 \ -J § 541-385-1709 541-330-4620 \ps 7 f 0 /k 9k 0 \ E d 2 0. K \ { 0_ / R / County Planning 541-617-4736 541-317-3137 Sher Buckner 541-388-6625 David.dovlei deschutes.ore 541-317-3122 Lori.furioneOdeschutes.ore 541-617-4708 k 0) k b 0 541-317-3118 541-382-7664 \ 0 $ 1)• § C k\ 0 oc / k / 6 ° trt 541-548-6047 541-382-3053 541-388-0658 541-549-8815 manaeer@tsidweb.ora 541-322-6308 Imedinat bendoregon.aov 541-504-5014 Tim.Moor@redmondfireandrescue.org County Code Enforcement Deschutes County Sheriffs Office Irrigation Districts 541-760-0216 541-389-2345 102To \ L) § 0 / 0 541-549-0771 riohnson Cad s istersfire. com -c 7 \ 0 k CU 0 541-536-2935 541-330-8240 541-306-6885 541-306-6885 541-312-7753 cc \ he E Q 541-536-7282 —0 m 0 \ ±t £ E 3 I /§k w-0) ; $ 03\ e 0 Oregon Water Resource Department Utility Providers Publicsafetv@pacificpower.net k £ 0. SM, LLC BEND, OK SMEDICINALS@CMAIL.COM� TO: Chair Unger, Commissioner Baney and Commissioner DeBone FR: David & Terri Common, Andy Satterfield, SGM, LLC., Cannabis Growers, Tumalo DA: May 2, 2016 RE: Comments in Support of Deschutes County Commission Adopting Regulations for Legal Cannabis Our names are David and Terri Common and Andy Satterfield. We are the founders of SGM located in Tumalo just outside of Bend in Deschutes County. We strongly urge Deschutes County Board of Commissioners to adopt a reasonable and responsible cannabis regulatory structure so that farmers and small businesses in the County can participate fully in the economic opportunities that legal cannabis brings to our region. Oregon is already known as a world-class craft producer in the areas of beer, wine and distilled spirits. Cannabis will be another jewel in that crown. Deschutes County, home of Deschutes Brewing and other highly acclaimed craft products, is already on the map as a leader. Cannabis is the obvious next opportunity to join those ranks— and the Board of Commissioners should act swiftly to ensure that we are. The original draft ordinance prepared by County staff struck a fair and workable balance between the needs of farmers and processors and the larger needs of the community to ensure Central Oregon remains a livable place to work to and play in the great outdoors. The Marijuana Advisory Committee, a broad and diverse spectrum of community members who care deeply about Central Oregon, has now also met for weeks to review and discuss a variety of issues. That committee reached consensus on noise, light and odor regulations for land zoned for exclusive farm use, addressing the concerns of neighbors. A recent poll shows that Deschutes County voters strongly support county commissioners moving forward with regulations and do not want to see these issues referred back to the ballot. It is now time for county commissioners to implement the will of the voters and enact fair and reasonable regulations for farmers and small businesses that will also safeguard the way of life we all treasure in Deschutes County. Dear Deschutes County Commissioners, 05/02/2016 b / As a voter and resident of Deschutes County I would like to voice my strong support for the allowance of recreational cannabis production on agricultural lands within Deschutes County. Local farmers need our help. The agricultural production of marijuana will give a much-needed economic boost to our region. I believe that farmers in Deschutes County deserve the opportunity to use their lands to their own economic benefit. There are no other cash crops that will be able to support local farmers that have the same type of economic potential as marijuana. Our farmers deserve to have the option. Deschutes County could use the tax revenue. All County residents will benefit from increased tax revenue that would continue to support and grow the vital infrastructure and services provided by the County. This is the right moment establish regulation that works for everyone. A well - regulated industry is a far better scenario than the unclear and possibly conflicting laws and regulations with little oversight. Opting out is likely to be costly to the County as it spends time, energy and resources to deal with the issues that arise. Responsible, regulated marijuana producers will bring more visitors to Deschutes County. Just as we have seen from the region's beer industry, there is an opportunity to further grow the tourism industry around cannabis. People love to come here for the outdoor recreation and to sample our craft brews, a well developed cannabis industry will bring additional, complimentary and valuable tourism to our area. Please honor the wishes of the voters that approved the legalization and production of recreational marijuana in Oregon and opt -in for the production of recreational marijuana in Deschutes County. Kind Regards, Samuel Kopper Chally 2550 NW Awbrey Point Cir. Bend, OR 97703 503.781.8103 x:3 Oregon Liquor Control Commission Advisory Committee Meeting Agenda Recreational Marijuana (Adopt Division 25) April 1, 2016 9:00 am — 4:00 pm • Welcome (Steve Marks) • Advisory Committee Process (Chris Lyons) • Introductions (All) • Discuss staff changes to rule language (All) • Roundtable (All) • Break (All) • Write Fiscal Impact Statement (All) Up Next: • April 8, 2016 o Discuss Legislative changes and temporary rules • May 25, 2016 o Public Hearing 3/0(e, c',\dvys DRAFT 3.24.2016 OREGON LIQUOR CONTROL COMMISSION DIVISION 25 RECREATIONAL MARIJUANA GENERAL REQUIREMENTS APPLICABLE TO ALL MARIJUANA LICENSEES 845-025-1000 Applicability (1) A person may not produce, process, transport, sell, test, or deliver marijuana for commercial recreational use without a license from the Commission or as otherwise authorized under these rules. (2) Nothing in these rules exempts a licensee or licensee representative from complying with any other applicable state or local laws. (3) Licensure under these rules does not protect a person from possible criminal prosecution under federal law. Stat. Auth.: Section 2, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 12, 14, 15, 16, 33, 38 and 93, Chapter 614, Oregon Laws 2015 845-025-1015 Definitions For the purposes of OAR 845-025-1000 to 845-025-8590, unless otherwise specified, the following definitions apply: (1) "Adulterated" means to make a marijuana item impure by adding foreign or inferior ingredients or substances. A marijuana item may be considered to be adulterated if: (a) It bears or contains any poisonous or deleterious substance in a quantity rendering the marijuana item injurious to health, including but not limited to tobacco or nicotine; (b) It bears or contains any added poisonous or deleterious substance exceeding a safe tolerance if such tolerance has been established; (c) It consists in whole or in part of any filthy, putrid, or decomposed substance, or otherwise is unfit for human consumption; (d) It is processed, prepared, packaged, or is held under improper time -temperature conditions or under other conditions increasing the probability of contamination with excessive microorganisms or physical contaminants; (e) It is processed, prepared, packaged, or held under insanitary conditions increasing the probability of contamination or cross -contamination; (f) It is held or packaged in containers composed, in whole or in part, of any poisonous or deleterious substance rendering the contents potentially injurious to health; (g) Any substance has been substituted wholly or in part therefor; (h) Damage or inferiority has been concealed in any manner; or (i) Any substance has been added thereto or mixed or packaged therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is. (2)"Authority" means the Oregon Health Authority. (3) "Business day" means Monday through Friday excluding legal holidays. (4) "Cannabinoid" means any of the chemical compounds that are the active constituents of marijuana. Page 1 of 79 DRAFT 3.24.2016 (5) "Cannabinoid concentrate" means a substance obtained by separating cannabinoids from marijuana by: (a) A mechanical extraction process; (b) A chemical extraction process using a nonhydrocarbon-based.or other solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol; or (c) A chemical extraction process using the hydrocarbon -based solvent carbon dioxide, provided that the process does not involve the use of high heat or pressure; or (6) "Cannabinoid edible" means food or potable liquid into which a cannabinoid concentrate, cannabinoid extract or dried marijuana leaves or flowers have been incorporated. (7) "Cannabinoid extract" means a substance obtained by separating cannabinoids from marijuana by: (a) A chemical extraction process using a hydrocarbon -based solvent, such as butane, hexane or propane; (b) A chemical extraction process using the hydrocarbon -based solvent carbon_dioxide, if the process uses high heat or pressure; or (c) Any other process identified by the Commission, in consultation with the authority, by rule. (8) Cannabinoid Product (a) "Cannabinoid product" means a cannabinoid edible and any other product intended for human consumption or use, including a product intended to be applied to the skin or hair, that contains cannabinoids or dried marijuana leaves or flowers. (b) "Cannabinoid product" does not include: (A)ZTsable marihuana by itself; (B) A cannabinoid concentrate by itself; (C) A cannabinoid extract by itself; or (D) Industrial hemp, as defined in ORS 571.300. (9) "Cannabis Tracking System" or "CTS" means the system for tracking the transfer of marijuana items and other information_ as_authorized .by_ORS .4.7.5B.1S0__ (10) "Compliance transaction" means a single covert, on-site visit in which a Commission authorized representative poses as an authorized representative of a licensee or a consumer and attempts to purchase or purchases a marijuana item from a licensee, or attempts to sell or sells a marijuana item to a licensee. (11) "Container" means a sealed, hard or soft -bodied receptacle in which a marijuana item is placed prior to being sold to a consumer. (12)"Commission" means the Oregon Liquor Control Commission. (13)"Consumer" means a person who purchases, acquires, owns, holds or uses marijuana items other than for the purpose of resale. (14) "Date of Harvest" means the date the mature marijuana plants in a harvest lot were cut, picked or removed from the soil or other growing media. If the harvest occurred on more than one day, the "date of harvest" is the day the last mature marijuana plant in the harvest lot was cut, picked or removed from the soil or other growing media. (15)(a) "Financial consideration" means value that is given or received either directly or indirectly through sales, barter, trade, fees, charges, dues, contributions or donations. (b) "Financial consideration" does not include marijuana, cannabinoid products or cannabinoid concentrates that are delivered within the scope of and in compliance with ORS 475B.245. Page 2 of 79 DRAFT 3.24.2016 (16) "Financial interest" means having an interest in the business such that the performance of the business causes, or is capable of causing, an individual, or a legal entity with which the individual is affiliated, to benefit or suffer financially, and such interests include but are not limited to: (a) Receiving, as an employee or agent, out -of -the -ordinary compensation, either in the form of overcompensation or under compensation; (b) Lending money, real property or personal property to an applicant or licensee for use in the business at a commercially unreasonable rate; (c) Giving money, real property or personal property to an applicant or licensee for use in the business; or (d) Being the spouse or domestic partner of an applicant or licensee. For purposes of this subsection, "domestic partners" includes adults who qualify for a "domestic partnership" as defined under ORS 106.310. (17)"Harvest lot" means marijuana that is uniform in strain, cultivated utilizing the same growing practices and harvested at the same time. (18) "Immahire marijuana plant" means a marijuana plant that is not flowering. (19) "Intended for human consumption" means intended for a human to eat, drink, or otherwise put in the mouth but does not mean intended for human inhalation. (20) "Laboratory" means a laboratory certified by the Authority under. ORS 438.605 to 438.620 and authorized to test marijuana items for purposes specified in these rules. (21) "Licensee" means any person who holds a license issued under ORS 475B.070, 4758.090, 475B.100, 475B.110, or 4758.560. (22) "License holder" includes: (a) Each applicant listed on an application that the Commission has approved; (b) Each individual who meets the qualification described in OAR 845-025-1045 and who the Commission has added to the license under OAR 845-025-1030; or (c) Each individual who has a financial interest in the licensed business and who the Commission has added to the license under OAR 845-025-1030. (23) "Licensee representative" means an owner, director, officer, manager, employee, agent, or other representative of a licensee, to the extent that the person acts in a representative capacity. (24) "Limited access area" means a building, room, or other contiguous area on a licensed premises where a marijuana item is produced, processed, stored, weighed, packaged, labeled, or sold, but does not include a point of sale area on a licensed retailer premises. (25) "Marijuana" (a) "Marijuana" means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae. (b) "Marijuana" does not include industrial hemp, as defmed in ORS 571.300. (26) "Marijuana flowers" means the flowers of the plant genus Cannabis within the plant family Cannabaceae. (27) "Marijuana items" means marijuana, cannabinoid products, cannabinoid concentrates and cannabinoid extracts. (28) "Marijuana leaves" means the leaves of the plant genus Cannabis within the plant family Cannabaceae. (29) "Marijuana processor" means a person who processes marijuana items in this state. (30) "Marijuana producer" means a person who produces marijuana in this state. (31) "Marijuana retailer" means a person who sells marijuana items to a consumer in this state. Page 3 of 79 DRAFT 3.24.2016 (32) "Marijuana wholesaler" means a person who purchases marijuana items in this state for resale to a person other than a consumer. (33) "Mature marijuana plant" means a marijuana plant that is not an immature marijuana plant. (34) "Minor" means any person under 21 years of age. (35) "Non -Toxic" means not causing illness, disability or death to persons who are exposed. (36) "Permittee" means any person who holds a Marijuana Handlers Permit. (37) "Person" has the meaning given that term in ORS 174.100. (38) "Premises" or "licensed premises" includes the following areas of a location licensed under section 19, 20, 21 or 22, chapter 1, Oregon Laws 2015: (a) All public and private enclosed areas at the location that are used in the business operated at the location, including offices, kitchens, rest rooms and storerooms; (b) All areas outside a building that the Commission has specifically licensed for the production, processing, wholesale sale or retail sale of marijuana items; and (c) For a location that the Commission has specifically licensed for the production of marijuana outside a building, the entire lot or parcel, as defined in ORS 92.010, that the licensee owns, leases or has a right to occupy. (d) "Premises" or "licensed premises" does not include a primary residence. (39) "Primary Residence" means real property inhabited for the majority of a calendar year by an owner, renter or tenant, including manufactured homes and vehicles used as domiciles. (40) "Processes" (a) "Processes" means the processing, compounding or conversion of marijuana into cannabinoid products, cannabinoid concentrates or cannabinoid extracts; (b) "Processes" does not include packaging or labeling. (41) "Process lot" means: (a) Any amount of cannabinoid concentrate or extract of the same type and processed at the same time using the same extraction methods, standard operating procedures and batches from the same harvest lot; or (b) Any amount of cannabinoid products of the same type and processed at the same time using the same ingredients, standard operating procedures and batches from the same harvest lot or process lots of cannabinoid concentrate or extract. (42) "Producer" means a marijuana producer licensed by the Commission. (43) "Produces" (a) "Produces" means the manufacture, planting, cultivation, growing or harvesting of marijuana. (b) "Produces" does not include: (A) The drying of marijuana by a marijuana processor, if the marijuana processor is not otherwise producing marijuana; or (B) The cultivation and growing of an immature marijuana plant by a marijuana processor, marijuana wholesaler or marijuana retailer if the marijuana processor, marijuana wholesaler or marijuana retailer purchased or otherwise received the plant from a licensed marijuana producer. (44) "Propagate" means to grow immature marijuana plants or to breed or produce the seeds of the plant Cannabis family Cannabaceae. (45) "Public place" means a place to which the general public has access and includes, but is not limited to, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments desjgned for actual residence, and hinhways, streets, schools, places of Page 4 of 79 DRAFT 3.24.2016 amusement, parks, playgrounds and areas used in connection with public passenger transportation. (46) "Regulatory specialist" means a full-time employee of the Commission who is authorized to act as an agent of the Commission in conducting inspections or investigations, making arrests and seizures, aiding in prosecutions for offenses, issuing citations for violations and otherwise enforcing chapter 471, ORS 474.005 to 474.095 and 474.115, Commission rules and any other statutes the Commission considers related to regulating liquor or marijuana. (47) "Retailer" means a marijuana retailer licensed by the Commission. (48) "Safe" means: (a) A metal receptacle with a locking mechanism capable of storing all marijuana items on a licensed premises that: (A) Is rendered immobile by being securely anchored to a permanent structure of an enclosed area; or (B) Weighs more than 750 pounds. (b) A "vault"; or (c) A refrigerator or freezer capable of being locked for storing marijuana items that require cold storage that: (A) Is rendered immobile by being securely anchored to a permanent structure of an enclosed area; or (B) Weighs more than 750 pounds (49)"Shipping Container" means any container or wrapping used solely for the transport of a marijuana items in bulk to a marijuana licensee as permitted in these rules. (50) "These rules" means OAR 845-025-1000 to 845-025-8590. (51) "UID" means unique identification. (52) "Usable Marijuana" (a) "Usable marijuana" means the dried leaves and flowers of marijuana. (b) "Usable marijuana" does not include: (A) The seeds, stalks and roots of marijuana; or (B) Waste material that is a by-product of producing or processing marijuana. (53) "Vault" means an enclosed area or room that is constructed of steel -reinforced or block concrete and has a door that contains a multiple -position combination lock or the equivalent, a relocking device or equivalent, and a steel plate with a thickness of at least one-half inch. (54) "Wholesaler" means a marijuana wholesaler licensed by the Commission. Stat. Auth.: Section 2, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 1 and 2, Chapter 614; Oregon Laws 2015 845-025-1030 Application Process (1) A person may submit an application to the Commission, on a form prescribed by the Commission, for a marijuana producer, processor, wholesaler, retail, or laboratory license. (2) An application for a license and all documentation required in the application instructions and in section (4) of this rule must be submitted in a manner specified by the Commission. The application fee specified in OAR 845-025-1060 must also be paid in a manner specified by the Commission. Page 5 of 79 DRAFT 3.24.2016 (3) An application must include the names and other required information for all individuals who are applicants as described in OAR 845-025-1045 and who are not applicants but who have a "financial interest" in the business, as defined in OAR 845-025-1015. (4) In addition to submitting the application form the following must be submitted: (a) For an individual listed as an applicant: (A) Information or fingerprints for a criminal background check in accordance with OAR 845- 025-1080; (B) An Individual History Form and any information identified in the form that is required to be submitted; and (C) Proof of residency documented by providing: (i) Oregon full -year resident tax returns for the last two years; or (ii) Utility bills, rental receipts, mortgage statements or similar documents that contain the name and address of the applicant dated at least two years prior to the date of application and from the most recent month. (b) For an individual listed as a person with a financial interest who holds or controls an -interest of ten percent or greater in the business proposed to be licensed, or an individual who is a partner, member or corporate officer of a legal entity with a financial interest in the business proposed to be licensed: (A) Information or fingerprints for a criminal background check in accordance with OAR 845- 025-1080; (B) An Individual History Form and any information identified in the form that is required to be submitted; and (c) A map or sketch of the premises proposed for licensure, including the defined boundaries of the premises and the location of any primary residence located on the same lot or parcel as the licensed premises; (d) A floor or plot plan sketch of all enclosed areas with clear identification of walls, partitions, counters, windows, all areas of ingress and egress,_and all limited access_ areas; (e) Proof of legal access to the premises proposed for licensure; (f) An operating plan that demonstrates at a minimum, how the applicant's proposed premises and business will comply with the applicable laws and rules regarding: (A) Security; (B) Employee qualifications and training; (C) Transportation of product; (D) Preventing minors from entering the licensed premises; and (E) Preventing minors from obtaining or attempting to obtain marijuana items. (g) For producers: (A) The proposed canopy size and tier as described in OAR 845-025-2040 and a designation of the canopy area within the license premises. (B) A report describing the applicant's electrical and water usage, on a form prescribed by the Commission. (i) For initial licensure and renewal, the report must describe the estimated electrical and water usage taking into account all portions of the premises and expected requirements of the operation for the next twelve months. (ii) In addition to requirements of section (4)(g)(A)(i), for renewal, the report must describe the actual electrical and water usage for the previous year taking into account all portions of the premises and expected requirements of the operation. Page 6 of 79 DRAFT 3.24.2016 (C) A description of the growing operation including growing media, a description of equipment to be used in the production, and whether production will be indoor, outdoor or both. (D) A water right permit or certificate number; a statement that water is supplied from a public or private water provider, along with the name and contact information of the water provider; or proof from the Oregon Water Resources Department that the water to be used for production is from a source that does not require a water right. (g) For processors: (A) On a form prescribed by the Commission, the proposed endorsements as described in OAR 845-025-3210. (B) A description of the type of products to be processed, a description of equipment to be used, including any solvents, gases, chemicals or other compounds used to create extracts or concentrates. (5) In addition to submitting the application form and the items described in (4) of this rule the Commission may require the following to be submitted: (a) For an individual identified as a person with a financial interest, who holds or controls an interest of less than ten percent in the business proposed to be licensed: (A) Information or fingerprints for a criminal background check in accordance with OAR 845- 025-1080; (B) An Individual History Form and any information identified in the form that is required to be submitted; and (b) Any additional information if there is a reason to believe that the information is needed to determine the merits of the license application. (6) The Commission must review an application to determine if it is complete. An application will be considered incomplete if an application form is not complete, the full application fee has not been paid, or some or all of the additional information required under sections (4) and (5) of this rule is not submitted. (7) An applicant may submit a written request for reconsideration of a decision that an application is incomplete. Such a request must be received by the Commission within ten days of the date the incomplete notice was mailed to the applicant. The Commission shall give the applicants the opportunity to be heard if an application is rejected. A hearing under this subsection is not subject to the requirements for contested case proceedings under ORS 183.310 to 183.550. (8) If, prior to an application being acted upon by the Commission, there is a change with regard to who is an applicant or who is a person with a financial interest in the proposed business, the new applicant or person with a financial interest must submit a form, prescribed by the Commission, that: (a) Identifies the individual or person; (b) Describes the individual's or person's financial interest in the business proposed for licensure; and (c) Includes any additional information required by the Commission, including but not limited to information and fingerprints required for a criminal background check. (9) Failure to comply with subsection (6) of this rule may result in an application being denied. Stat. Auth.: Section 2, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 7, 8, 11, 12, 14, 15, 16, 93 Chapter 614, Oregon Laws 2015 Page 7 of 79 DRAFT 3.24.2016 845-025-1045 Qualifications of an Applicant (1) The following are considered applicants for purposes of these rules: (a) Any individual that has a financial interest in the business for which licensure is sought and who is directly involved in controlling the ordinary course of business for the business that is proposed to be licensed; and (b) Any legal entity that has a financial interest in the business for which licensure is sought and is directly involved in controlling the ordinary course of business for the business that is proposed to be licensed; (2) If an applicant is an individual the individual must also: (a) Be at least 21 years of age; and (b) Until January 1, 2020, have been a resident of Oregon for at least two consecutive years prior to the date the initial or renewal application was submitted. (3) If a legal entity is designated as an applicant, the following individuals must also be listed as applicants on an application: (a) All partners in a limited partnership; (b) All members of a limited liability company; and (c) All directors and principal officers of a corporate entity. (d) Any individual who owns or controls at least 10% of the legal entity. (4) At least one applicant or the sum of applicants listed on a license application must be a legitimate owner ofthe business proposed to be licensed or subject to renewal. (5) An individual or legal entity will not be considered by the Commission to be directly involved in the ordinary course of business for the business proposed to be licensed solely by virtue of: (a) Being a shareholder, director, member or limited partner; (b) Being an employee or independent contractor; or (c) Participating in matters that are not in the ordinary course of business such as amending organizational documents of the business entity, making distributions, changing the entity's corporate structure, or approving transactions outside of the ordinary course of business as specified in the entity's organizational documents. (6) An applicant will be considered by the Commission to be a legitimate owner of the business if: (a) The individual applicant or legal entity applicant owns at least 51% of the business proposed to be licensed; or (b) One or more individual applicants in sum own at least 51% of the business proposed to be licensed. (7) The following factors, in and of themselves, do not constitute ownership: (a) Preferential rights to distributions based on return of capital contribution; (b) Options to purchase an ownership interest that may be exercised in the future(c) Convertible promissory notes; or (d) Security interests in an ownership interest. (8) For purposes of this rule, "ownership" means direct or indirect ownership of the shares, membership interests, or other ownership interests of the business proposed to be licensed. Page 8 of 79 DRAFT 3.24.2016 (9) The Commission may consider factors other than those listed in this rule when determining whether an individual or legal entity is directly involved in the operation or management of the business proposed to be licensed or licensed, or is a legitimate owner. (10) An individual listed as an applicant on an initial or renewal application, or identified by the Commission as an applicant must maintain Oregon residency while the business is licensed. Stat. Auth.: Section 2, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 8, 12, 14, 15, 16, and 93 Chapter 614, Oregon Laws 2015 845-025-1060 Fees (1) At the time of initial license or certificate application an applicant must pay a $250 non- refundable application fee. (2) If the Commission approves an application and grants an annual license, the following fees must be paid, prorated for an initial license t is issued for six months or less: (a) Producers: o<.A. °'r (A) Micro Tier I $1,000 (0 0-D I Sc°3 (B) Micro Tier II $2,000 I t� C�. `C� c (C) Tier I $3,750 / / (D) Tier II $5,750 (b) Processors: $4,750 (c) Wholesalers: $4,750 (d) Retailers: $4,750 (e) Laboratories: $4,750 (f) Sampling Laboratory: $2,250 G r Ce}‘) (3) If the Commission approves an application and grants a research certificate, the fee shall be $4,750 for a three-year term. (4) At the time of license or certificate application renewal, an applicant must pay a $250 non- refundable application fee. (5) If the Commission approves a renewal application the renewal license or certificate fees must be paid in the amounts specified in subsections (2) and (3) of this rule. (6) If the Commission approves an initial or renewal application and grants a marijuana handler permit, the individual must pay a $100 permit fee. (7) The Commission shall charge the following fees: (a) Criminal background checks: $50 per individual (if the background check is not part of an initial or renewal application) (b) Change of ownership review: $1000 per license (c) Change in business structure review: $1000 per license (d) Transfer of location of premises review: $1000 per license (e) Packaging preapproval: $100 (f) Labeling preapproval: $100 Stat. Auth.: Section 2, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 2, 12, 14, 15, 16, 20, 93, 102 and 104, Chapter 614, Oregon Laws 2015 Page 9 of 79 DRAFT 3.24.2016 845-025-1070 Late Renewal Fees (1) If the Commission receives a completed license, permit or certificate renewal application less. than 20 days before the date the existing license, permit or certificate expires, the Commission will charge a late renewal fee of $150 for licenses and certificates and $50 for marijuana handler permits. (2) If the Commission receives a completed license, permit or certificate renewal application within 30 days after the date the existing license, permit or certificate expires, the Commission will charge a late renewal fee equal to $300 for licenses and certificates and $100 for marijuana handler permits. Stat. Auth.: Section 2, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 2, Chapter 614, Oregon Laws 2015 845-025-1080 Criminal Background Checks (1) If an individual is required by the Commission to undergo a criminal background check, the individual must provide to the Commission: (a) A criminal bac ground check request form, prescribed by the Commission that includes but is not limited to: (A) First, middle and last name; (B) Any aliases; (C) Date of birth; (D) Driver's license information; and (E) Address and recent residency information. (b) Fingerprints in accordance with the instructions on the Commission's webpage. (2) The Commission may request that an applicant disclose his or her Social Security Number if notice is provided that: (a) Indicates the disclosure of the Social Security Number is voluntary; and (b) That the Commission requests the Social Security Number solely for the purpose of positively identifying the applicant during the criminal records check process. (3) An applicant's criminal history must be evaluated by the Commission in accordance with ORS 670.280 and section 29(2) and (3), chapter 1, Oregon Laws 2015. (4) The Commission may conduct a criminal background checks in accordance with this rule every year at the time of application renewal. (5) Records concerning criminal background checks must be kept and handled by the Commission in accordance with ORS 181.534(15). Stat. Auth.: Section 2, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 10, Chapter 614, Oregon Laws 2015 845-025-1090 Application Review Page 10 of 79 DRAFT 3.24.2016 (1) Once the Commission has determined that an application is complete it must review the application to determine compliance with ORS Chapter 475B and these rules. (2) The Commission: (a) Must, prior to acting on an applicationrequest a land use compatibility statement from the city or county that authorizes land use in the city or county in which the applicant's proposed premises is located; or request verification that a land use compatibility statement submitted by an applicant is valid and accurate (b) May, in its discretion, prior to acting on an application: (A) Contact any applicant or individual with a financial interest and request additional documentation or information; and (B) Verify any information submitted by the applicant. (3) The Commission must inspect the proposed premises prior to issuing a license. (4) If during an inspection the Commission determines the applicant is not in compliance with these rules, the applicant will be provided with a notice of the failed inspection and the requirements that have not been met. (a) An applicant that fails an inspection will have 15 calendar days from the date the notice was sent to submit a written response that demonstrates the deficiencies have been corrected. (b) An applicant may request in writing one extension of the 15 -day time limit in subsection (a) of this section, not to exceed 30 days. (5) If an applicant does not submit a timely plan of correction or if the plan of correction does not correct the deficiencies in a manner that would bring the applicant into compliance, the Commission may deny the application. (6) If the plan of correction appears, on its face, to correct the deficiencies, the Commission will schedule another inspection. (7) If an applicant fails a second inspection, the Commission may deny the application unless the applicant shows good cause for the Commission to perform additional inspections. Stat. Auth.: Section 2, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 8, 30 and 34, Chapter 614, Oregon Laws 2015 845-025-1100 Approval of Application and Issuance of License (1) If, after the application review and inspection, the Commission determines that an applicant is in compliance with ORS 475B.025 to 475B.235 and these rules the Commission must notify the applicant in writing that the application has been approved and after payment by the applicant of the license fee, provide the applicant with proof of licensure that includes a unique license number, the effective date of the license, date of expiration, and a description of premises for which the license was issued. The Commission will not issue a license if the applicant paid the license fee with a check, until it has confirmation that the check has cleared. (2) A licensee: (a) May not operate until on or after the effective date of the license. (b) Must display proof of licensure in a prominent place on the premises. Page 11 of 79 DRAFT 3.24.2016 (c) May not use the Commission name or logo on any signs at the premises, on the business' website, or in any advertising or social media, except to the extent that information is contained on the proof of licensure. (3) Licensure is only valid for the premises indicated on the license and is only issued to the individuals or entities listed on the application or subsequently approved by the Commission. (4) A license may not be transferred except as provided in OAR 845-025-1160. Stat. Auth.: Section 2, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 5, Chapter 614, Oregon Laws 2015 845-025-1115 Denial of Application (1) The Commission must deny an initial or renewal application if: (a) An applicant is under the age of 21 or, until January 1, 2020, has not been a resident or Oregon for at least two years. If the Conunission determines that an applicant is a non-resident the Commission will hold that application under review until 30 days after the 2016 Oregon Legislature adjourns. (b)The applicant's land use compatibility statement shows that the proposed land use is prohibited in the applicable zone, if a land use compatibility statement is required. (c) The proposed licensed premises is located: (A) On federal property. (B) At the same physical location or address as a: (i) Medical marijuana grow site registered under ORS 475B.304, unless the grow site is also licensed under section 116, chapter 614, Oregon laws 2015; (ii) Medical marijuana processing site registered under ORS 475B.435; or (ii -i) -Medical -marijuana -dispensary-register-ed-under--ORS -47-5B.420. (C) At the same physical location or address as a premises licensed under ORS Chapter 471 or as a retail liquor agent appointed by the Commission. (c) The proposed licensed premises of a producer applicant who has applied to produce marijuana outdoors is: (A) On public land; or (B) On the same lot or parcel, as defined in ORS 92.010, as another producer licensee; or under common ownership; or (C) On the same lot or parcel, as defined in ORS 92.010, as a retail, processor or wholesale license, unless all of the licenses on the lot or parcel are held or sought by the same applicant. (d) The proposed licensed premises of a producer applicant who has applied to produce marijuana indoors is on the same lot or parcel, as defined in ORS 92.010, as another producer licensee under common ownership. (e) The proposed licensed premises of a processor who has applied for an endorsement to process extracts is located in an area that is zoned exclusively for residential use. (f) The proposed licensed premises of a retail applicant is located: (A) Within 1,000 feet of: (i) A public elementary or secondary school for which attendance is compulsory under ORS 339..920; or Page 12 of 79 DRAFT 3.24.2016 (ii) A private or parochial elementary or secondary school, teaching children as described in ORS 339.030. (B) In an area that is zoned exclusively for residential use. (g) The proposed licensed premises of a wholesaler applicant is in an area zoned exclusively for residential use. (h) A city or county has prohibited the license type for which the applicant is applying, in accordance with sections 133 or 134, chapter 614, Oregon Laws 2015. (2) The Commission may deny an initial or renewal application, unless the applicant shows good cause to overcome the denial criteria, if it has reasonable cause to believe that: (a) The applicant: (A) Is in the habit of using alcoholic beverages, habit-forming drugs, marijuana, or controlled substances to excess. (B) Has made false statements to the Commission. (C) Is incompetent or physically unable to carry on the management of the establishment proposed to be licensed. (D) Is not of good repute and moral character. (E) Does not have a good record of compliance with sections 3 to 70, chapter 1, Oregon Laws 2015, chapter 614, Oregon Laws 2015, or these rules, prior to or after licensure including but not limited to: (i) The giving away of marijuana items as a prize, premium or consideration for a lottery, contest, game of chance or skill, or competition of any kind, in violation of section 49, chapter 614, Oregon Laws 2015; (ii) Providing marijuana items to an individual without checking that the individual is 21 or older; (iii) Unlicensed transfer of marijuana items for financial consideration; or (iv) Violations of local ordinances adopted under section 33, chapter 614, Oregon Laws 2015, pending or adjudicated by the local government that adopted the ordinance. (F) Is not possessed of or has not demonstrated financial responsibility sufficient to adequately meet the requirements ,of the business proposed to be licensed. (G) Is unable to understand the laws of this state relating to marijuana or these rules, including but not limited to ORS 475.300 to 475.346 and sections 91 to 99, chapter 614, Oregon Laws 2015. Inability to understand laws and rules of this state related to marijuana may be demonstrated by violations documented by the Oregon Health Authority. (b) Any individual listed on the application has been convicted of violating a general or local law of this state or another state, or of violating a federal law, if the conviction is substantially related to the fitness and ability of the applicant to lawfully carry out activities under the license, except as specified in Section 29(3), chapter 1, Oregon Laws 2015. (c) Any applicant is not the legitimate owner of the business proposed to be licensed, or other persons have an ownership interest in the business have not been disclosed to the Commission. (3) The Commission may refuse to issue a license to any license applicant or refuse to renew the license of any licensee when conditions exist in relation to any person having a financial interest in the business or in the place of business which would constitute grounds for refusing to issue a license or for revocation or suspension of a license if such person were the license applicant or licensee. Page 13 of 79 DRAFT 3.24.2016 (4) The Commission will not deny an application under subsections (1)(c)(B) of this rule if the applicant surrenders the registration issued by the Authority prior to being issued an OLCC license. (5) If the Commission denies an application because an applicant submitted false or misleading information to the Commission, the Commission may prohibit the applicant from re -applying for five years. (6) A notice of denial must be issued in accordance with ORS 183. Stat. Auth.: Section 2, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 7, 8, 12, 14, 15, 16, 34, 93, 133 and 134, Chapter 614, Oregon Laws 2015 845-025-1130 Withdrawal of Application An applicant may withdraw an initial or renewal application at any time prior to the Commission acting on the application unless the Commission has determined that the applicant submitted false or misleading information in which case the Commission may refuse to accept the withdrawal and may issue a notice of proposed denial in accordance with OAR 845-025-1115. Stat. Auth.: Section 2, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 8, Chapter 614, Oregon Laws 2015 845-025-1145 Communication With Commission (1) If an applicant or licensee is required to_or_elects to submit anything_in_writing-to_the Commission, unless there is a more specific rule that states otherwise, the applicant or licensee may submit the writing to the Commission via: (a) Mail; (b) In-person delivery; (c) Facsimile; or (d) E-mail. (2) If a written notification must be submitted by a particular deadline it must be received, regardless of the method used to submit the writing, by 5:00 p.m. Pacific Time. Stat. Auth.: Section 2, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 2, Chapter 614, Oregon Laws 2015 845-025-1160 Notification of Changes (1) An applicant or licensee must notify the Commission in writing within 10 calendar days of any of the following: (a) Acha e in any contact information for anyone listed in an application or subsequently identified as an applicant or an individual with a financial interest; Page 14 of 79 DRAFT 3.24.2016 (b) The arrest or conviction for any misdemeanor or felony of an individual listed in an application or subsequently identified as an applicant, licensee or individual with a financial interest; (c) A disciplinary proceeding or licensing enforcement action by another governmental entity that may affect the licensee's business; (d) The filing of bankruptcy; (e) The closure of bank accounts or credit cards by a financial institution; (f) The temporary closure of the business for longer than 30 days; or (g) The permanent closure of the business. (2) A licensee must notify the Commission as soon as reasonably practical and in no case more than 24 hours from the theft of marijuana items or money from the licensed premises. (3) Changes in Financial Interest or Business Structure. A licensee that proposes to change its corporate structure, ownership structure or change who has a financial interest in the business must submit a form prescribed by the Commission, and any information identified in the form to be submitted, to the Commission, prior to making such a change. (a) The Commission must review the form and other information submitted under subsection (1) of this rule, and will approve the change if the change would not result in an initial or renewal application denial under OAR 845-025-1115, or serve as the basis of a license suspension or revocation. (b) If the Commission denies the change but the licensee proceeds with the change the licensee must surrender the license or the Commission will propose to suspend or cancel the license. (c) The Commission will not accept a form for a change in corporate structure or financial interest if the license is expiring in less than 90 days, the licensee is under investigation by the Commission, or has been issued a Notice by the Commission following an alleged violation and the alleged violation has not been resolved. (d) If a licensee has a change in ownership that is 51% or greater, a new application must be submitted in accordance with OAR 845-025-1030. (4) Change of Location. A licensee who wishes to change the location of the licensed premises must submit an application form and the fee specified in OAR 845-025-1060 but does not need to submit information and fingerprints required for a criminal background check or individual history forms if there are no changes to the individuals listed on the initial application. (a) A licensee must submit an operating plan as described in OAR'845-025-1030 if the business operations will change at the proposed new location. (b) The Commission must approve any change of location prior to licensee beginning business operations in the new location. Stat. Auth.: Section 2, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 5 and 8, Chapter 614, Oregon Laws 2015 845-025-1175 Changing, Altering, or Modifying Licensed Premises (1) A licensee may not make any physicalchanges to the licensed premises that materially or substantially alter the licensed premises or the usage of the licensed premises from the plans originally approved by the Commission without the Commission's prior written approval. Page 15 of 79 DRAFT 3.24.2016 (2) A licensee who intends to make any material or substantial changes to the licensed premises must submit a form prescribed by the Commission, and submit any information identified in the form to be submitted, to the Commission, prior to making any such changes. (3) The Commission must review the form and other information submitted under subsection (2) of this rule, and will approve the changes if the changes would not result in an initial or renewal application denial under OAR 845-025-1115. (4) If the Commission denies the change the licensee must not make the proposed changes. If the licensee makes the proposed changes, the licensee must surrender the license or the Commission will propose to suspend or cancel the license. (5) For purposes of this rule a material or substantial change requiring approval includes, but is not limited to: (a) Any increase or decrease in the total physical size or capacity of the licensed premises; (b) The sealing off, creation of or relocation of a common entryway, doorway,passage or other such means of public ingress or egress, when such common entryway, doorway or passage alters or changes limited access areas, such as the areas in which cultivation, harvesting, processing, or sale of marijuana items occurs within the licensed premises; or (c) Any physical change that would require the installation of additional. video surveillance cameras or a change in the security system. (d) Any addition or change of location of a primary residence located on the same tax lot or parcel as a licensed premises. Stat. Auth.: Section 2, Chapter 614, Oregon Laws 2015. Stats Implemented: sections [2, 14 15; r6 and 93 Chapter 614, Oregon Laws 2015 845-025-1190 License Renewal (1) Renewal Applications: (a) Any licensee who files a completed renewal application with the Commission at least 20 days before the date the license expires may continue to operate as if the license were renewed, pending a decision by the Commission; (b) Any licensee who does not file a completed renewal application at least 20 days before the existing license expires must stop engaging in any licensed activity when the license expires. However: (A) If the Cornmission receives acompleted license renewal application less than 20 days before the date the existing license expires, the Commission will, upon receipt of the appropriate late renewal fee in OAR 845-025-1070, issue a letter of authority to operate beyond the expiration of the license, pending a decision by the Commission; (B) A licensee must not engage in any licensed activity after the license expires. If the Commission receives a completed license renewal application within 30 days after the date the existing license expires, the Commission will, upon receipt of the appropriate late renewal fee in OAR 845-025-1070, issue a letter of authority to resume operation, pending a decision by the Commission. (c) The Commission will not renew a license if the Commission receives the renewal application more than 30 days after the license expires. A person who wants to resume licensed activity in this circumstance: Page 16 of 79 DRAFT 3.24.2016 (A) Must submit a completed new application, including the documents and information required by the Commission; and (B) Must not engage in any licensed activity unless and until they receive authority to operate from the Commission after submitting the completed new application. (d) A person relicensed under section (1)(c) of this rule who engaged in any activity that would require a license while not licensed in violation of section (1)(b)(B) of this rule may be subject to administrative and criminal sanctions. (e) A person who engages in any activity that requires a license but is not licensed may be subject to criminal prosecution. (f) For purposes of this rule, a completed application: (A) Is considered filed when received by the Commission; and (B) Is one that is completely filled out, is signed by all applicants and includes the appropriate fee. Stat. Auth.: Sections 2, 12, 14, 15, 16 and 93, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 7, Chapter 614, Oregon Laws 2015 845-025-1200 Financial and Business Records In addition to any other recordkeeping requirements in these rules, a marijuana licensee must have and maintain records that clearly reflect all financial transactions and the financial condition of the business. The following records may be kept in either paper or electronic form and must be maintained for a three-year period and must be made available for inspection if requested by an employee of the Commission: (1) Purchase invoices and supporting documents for items and services purchased for use in the production, processing, research, testing and sale of marijuana items that include from whom the items were purchased and the date of purchase; (2) Bank statements for any accounts relating to the licensed business; (3) Accounting and tax records related to the licensed business; (4) Documentation of all financial transactions related to the licensed business, including contracts and agreements for services performed or received that relate to the licensed business; and (5) All employee records, including training. Stat. Auth.: Sections 2, 12, 14, 15 and 16, Chapter 614, Oregon Laws 2015. Stats. Implemented: Section 46, Chapter 614, Oregon Laws 2015. 845-025-1215 Standardized Scales (1) A licensee shall use a weighing device of appropriate size and capacity as defined in ORS chapter 618 and OAR 603, Division 27: . (a) Whenever marijuana items are bought and sold by weight; (b) Whenever marijuana items are packaged for sale by weight; and (c) Whenever marijuana items are weighed for entry into CTS. Page 17 of 79 DRAFT 3.24.2016 (2) The weighing device must: (a) Have a suitable capacity and division size for the item being weighed; (b) Have a valid National Type Evaluation Program Certificate of Conformance, as described in OAR 603-027-0655 and 603-027-0660; (c) Have the appropriate security seal affixed securing the calibration functions of the device; (d) Be licensed by Oregon Department of Agriculture; and (e) Be placed into service, as that term is defined in OAR 603-027-0670, as required by Oregon Department of Agriculture. Stat. Auth.: Sections 2, 12, 14, 15 and 16, Chapter 614, Oregon Laws 2015. Stats. Implemented: Sections 12, 14, 15 and 16, Chapter 614, Oregon Laws 2015. 845-025-1230 Licensed Premises Restrictions and Requirements (1) A licensed premises may not be located: (a) On federal property; or (b) At the same physical location or address as a: --- ------ ------------------ (A) Medical marijuana grow site registered under ORS 475.304, unless the grow site is also licensed under section 116, chapter 614, Oregon Laws 2015; (B) Medical marijuana processing site registered under ORS 475B.435; or (C) Medical marijuana dispensary registered under ORS 475B.450. (D) Liquor licensee licensed under ORS Chapter 471 or as a retail liquor agent appointed by the -Commission: (2) The licensed premises of a producer applicant may not be on: (a) Public land; or (b) The same tax lot or parcel as another producer licensee under common ownership. (3) The licensed premises of a retailer may not be located: (a) Within 1,000 feet of: (A) A public elementary or secondary school for which attendance is compulsory under ORS 339.020; or (B) A private or parochial elementary or secondary school, teaching children as described in ORS 339.030. (b) In an area that is zoned exclusively for residential use. (4) The licensed premises of a processor who has an endorsement to process extracts may not be located in an area that is zoned exclusively for residential use. (5) The licensed premises of a processor, wholesaler, laboratory and retailer must be enclosed on all sides by permanent walls and doors. (6) A licensee may not permit: (a) Any minor on a licensed premises except as described in section (7) and (8) of this rule; or (b) On-site consumption of a marijuana item, alcohol, or other intoxicant by any individual, except -that -an employee who -has -a-current-registry-identifieat-ion-card=issued-under ORS 475B.415 may consume marijuana during his or her work shift on the licensed premises as Page 18 of 79 DRAFT 3.24.2016 necessary for his or her medical condition, if the employee is alone, in a closed room and not visible to others outside the room. An employee who consumes a marijuana item as permitted under this section may not be intoxicated while on duty. For purposes of this section consume does not include smoking, combusting, inhaling, vaporizing, or aerosolizing a marijuana item. (7) Notwithstanding section (6)(a) of this rule, a minor, other than a licensee's employee, who has a legitimate business purpose for being on the licensed premises, may be on the premises for a limited period of time in order to accomplish the legitimate business purpose. For example, a minor plumber may be on the premises in order to make a repair. (8) Notwithstanding section (6)(a) of this rule, a minor who resides on the tax lot or parcel where a marijuana producer is licensed may be present on those portions of a producer's licensed that do not contain usable marijuana or cut and drying marijuana plants. (9) A licensee must clearly identify all limited access areas in accordance with OAR 845-025- 1245. (10) A licensee must keep a daily log of all employees, contractors and license representatives who perform work on the licensed premises. All employees, contractors and licensee representatives present on the licensed premises must wear clothing or a badge issued by the licensee that easily identifies the individual as an employee, contractor or licensee representative. A licensee must record the name and flate of birth of every current employee or licensee representative in CTS. exfv\- 4E' (11) The general public is not permitted in limited access areas on a licensed premises, except for the consumer sales area of a retailer and as provided by section (14) of this rule. In addition to licensee representatives, the following visitors are permitted to be present in limited access areas on a licensed premises, subject to the requirements in section (12) and (13) of this rule: (a) Laboratory personnel, if the laboratory is licensed by the Commission; . (b) A contractor, vendor or service provider authorized by a licensee representative to be on the licensed premises; (c) Another licensee or that licensee's representative; (d) Up to seven invited guests per week subject to requirements of section (12) of this rule; or (e) Tour groups as permitted under section (14) of this rule. (12) Prior to entering a licensed premises all visitors permitted by section (11) of this rule must be documented and issued a visitor identification badge from a licensee representative that must remain visible while on the licensed premises. A visitor badge is not required for government officials. All visitors described in subsection (11) of this rule must be accompanied by a licensee representative at all times. (13) A licensee must maintain a log of all visitor activity allowed under section (11) of this rule. The log must contain the first and last name and date of birth of every visitor and the date they visited. A licensee is not required to record the date of birth for government officials. (14) A marijuana producer or research certificate holder may offer tours of the licensed premises, including limited access areas, to the general public if the licensee submits a control plan in writing and the plan is approved by the Commission. (a) The plan must describe how conduct of the individuals on the tour will be monitored, how access to usable marijuana will be limited, and what steps the licensee will take to ensure that no minors are permitted on the licensed premises. (b) The Commission may withdraw approval of the control plan if the Commission fmds there is poor compliance with the plan. Poor compliance may be indicated by, for example, individuals Page 19 of 79 DRAFT 3.24.2016 on the tour not being adequately supervised, an individual on the tour obtaining a marijuana item while on the tour, a minor being part of a tour, or the tours creating a public nuisance. (15) Nothing in this rule is intended to prevent or prohibit Commission employees or contractors, or other state or local government officials that have jurisdiction over some aspect of the licensed premises or licensee from being on the licensed premises. (16) A licensee may not sublet any portion of a licensed premises. (17) A licensed premises may receive marijuana items only from a marijuana producer, marijuana processor, or marijuana wholesaler for whom a premises has been licensed by the Commission. (18) A licensed wholesaler or retailer who sells or handles food, as that term is defined in ORS 616.695, or cannabinoid edibles must also be licensed by the Oregon Department of Agriculture under ORS 616.706. Stat. Auth.: Sections 2, 12, 14, 15 and 16, Chapter 614, Oregon Laws 2015, Stats. Implemented: Sections 52 and 54, Chapter 1, Oregon Laws 2015; Sections 14, 15, 16, 25 and 35, Chapter 614, Oregon Law 2015. 845-025-1245 Signage (1) A licensee must post: (a) At every licensaed premises signs that read: (A) "No Minors Permitted Anywhere on This Premises"; and (B) "No On -Site Consumption of Marijuana"; and (b) At all areas of ingress or egress to a limited access area a sign that reads: "Do Not Enter — Limited Access Area — Access Limited to Licensed Personnel and Escorted Visitors." (2) All signs required by this rule must be: (a) Legible, not less than 12 inches wide and 12 inches long, composed of letters not less than one-half inch in height; (b) In English and Spanish; and (c) Posted in a conspicuous location where the signs can be easily read by individuals on the licenses premises. Stat. Auth.: 2, 12, 14, 15 and 16, Chapter 614, Oregon Laws 2015. Stats. Implemented: Section 25, Chapter 614, Oregon Laws 2015. 845-025-1260 Standards for Authority to Operate a Licensed Business as a Trustee, a Receiver, a Personal Representative or a Secured Party (1) The Commission may issue a temporary authority to operate a licensed business to a trustee, the receiver of an insolvent or bankrupt licensed business, the personal representative of a deceased licensee, or a person holding a security interest in the business for a reasonable period of time to allow orderly disposition of the business. (a) The trustee, receiver or personal representative must provide the Commission with the following information: Page 20 of 79 DRAFT 3.24.2016 (A) Proof that the person is the legal trustee, receiver or personal representative for the business; and (B) A written request for authority to operate as a trustee, receiver or personal representative, listing the address and telephone number of the trustee, receiver or personal representative. (b) The secured party must provide the Commission with the following information: (A) Proof of a security interest in the licensed business; (B) Proof of the licensee's default on the secured debt; (C) Proof of legal access to the real property; and (D) A written request for authority to operate as a secured party listing the secured party's address and telephone number. (2) The Commission may cancel or refuse to issue or extend authority for the trustee, receiver, personal representative, or secured party to operate: (a) If the trustee, receiver, personal representative or secured party does not propose to operate the business immediately or does not begin to operate the business immediately upon receiving the temporary authority; (b) For any of the reasons that the Commission may cancel or refuse to issue or renew a license; (c) If the trustee, receiver, personal representative or secured party operates the business in violation of chapters 1 and 614, Oregon Laws 2015, or these rules; or (d) If a reasonable time for disposition of the business has elapsed. (3) No person or entity described in section (1) of this rule may operate the business until a certificate of authority has been issued under this rule, except that the personal representative of a deceased licensee may operate the business for up to 10 days after the death provided that the personal representative submits the information required in section (1)(a) of this rule and obtains a certificate of authority within that time period. (4) A certificate of authority under this rule is initially issued for a 60 -day period and may be extended as reasonably necessary to allow for the disposition of the business. Stat. Auth.: Section 2, Chapter 614, Oregon Laws 2015. Stats. Implemented: Section 5, Chapter 614, Oregon Laws 2015. 845-025-1275 Closure of Business (1) A license expires upon death of a licensee unless the Commission issues an order as described in subsection (2) of this rule. (2) The Commission may issue an order providing for the manner and condition under which: (a) Marijuana items left by a deceased, insolvent or bankrupt person or licensee, or subject to a security interest, may be foreclosed, sold under execution or otherwise disposed. (b) The business of a deceased, insolvent or bankrupt licensee may be operated for a reasonable period following the death, insolvency or bankruptcy. (3) A secured party, as defined in ORS 79.0102, may continue to operate a business for which a license has been issued under section 19, 20, 21 or 22, chapter 1, Oregon Laws 2015 for a reasonable period after default on the indebtedness by the debtor. (4) If a license is canceled the Commission must address in its order the manner and condition under which marijuana items held by the licensee may be transferred or sold. Page 21 of 79 DRAFT 3.24.2016 (5) If a license is surrendered, expires or is revoked the Commission may address by order the manner and condition under which marijuana items held by the licensee may be transferred or sold. Stat. Auth.: Section 2, Chapter 614, Oregon Laws 2015. Stats. Implemented: Section 5, Chapter 614, Oregon Laws 2015. 845-025-1290 Licensee Responsibility A licensee is responsible for: (1) The violation of any administrative rule of the Commission; sections 3 to 70, chapter 1, Oregon Laws 2015; chapter 614, Oregon Laws 2015; or chapter 699, Oregon Laws 2015 affecting the licensee's license privileges. (2) Any act or omission of a licensee representative in violation of any administrative rule of the Commission; sections 3 to 70, chapter 1, Oregon Laws 2015; chapter 614, Oregon Laws 2015; or chapter 699, Oregon Laws, 2015 affecting the licensee's license privileges. Stat. Auth.: Section 2, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 2, Chapter 614, Oregon Laws 2015 845-025-1295 Local Ordinances The Commission may impose a civil penalty, suspend or cancel any licensee for failure to comply with. an ordinance adopted by a_cit_yor county pursuant to section 34, chapter 614, Oregon Laws 2015 if the city or county: (1) Has provided the licensee with due process substantially similar to the due process provided to a licensee under the Administrative Procedures Act, ORS 183.413 to 183.470; and (2) Provides the Commission with a final order that is substantially similar to the requirements for a final order under ORS 183.470 that establishes that the licensee has violated the local ordinance. Stat. Auth.: Sections 2, 12, 14, 15 and 16, Chapter 614, Oregon Laws 2015. Stats. Implemented: Section 33, Chapter 614, Oregon Laws 2015. 845-025-1300 Licensee Prohibitions (1) A licensee may not: (a) Import into this state or export from this state any marijuana items; (b) Give marijuana items as a prize, premium or consideration for a lottery, contest, game of chance or game of skill, or competition of any kind; (c) Sell, give or otherwise make available any marijuana items to any person_who is visibly intoxicated; Page 22 of 79 DRAFT 3.24.2016 (d) Make false representations or statements to the Commission in order to induce or prevent action by the Commission; (e) Maintain a noisy, disorderly or insanitary establishment or supply adulterated marijuana items; (f) Misrepresent any marijuana item to a customer or to the public; (g) Sell any marijuana item through a drive -up window; (h) Deliver marijuana to any consumer off the licensed premises except as permitted by OAR 845-025-2880; (i) Sell or offer to sell a marijuana item that does not comply with the minimum standards prescribed by the statutory laws of this state; or (j) Use or allow the use of a mark or label on the container of a marijuana item that is kept for sale if the container does not precisely and clearly indicate the nature of the container's contents or in any way might deceive a customer as to the nature, composition, quantity, age or quality of the marijuana item. (2) No licensee or licensee representative may be under the influence of intoxicants while on duty. (a) For purposes of this rule "on duty" means: (A) The beginning of a work shift that involves the handling or sale of marijuana items, checking identification or controlling conduct on the licensed premises, to the end of the shift including coffee and meal breaks; (B) For an individual working outside a scheduled work shift, the performance of acts on behalf of the licensee that involve the handling or sale of marijuana items, checking identification or controlling conduct on the licensed premises, if the individual has the authority to put himself or herself on duty; or (C) A work shift that includes supervising those who handle or sell marijuana items, check identification or control the licensed premises. (b) Whether a person is paid or scheduled for work is not determinative of whether the person is considered "on duty" under this subsection. Stat. Auth.: Sections 2, 12, 14, 15 and 16, Chapter 614, Oregon Laws 2015. Stats. Implemented: Sections 48, 49, 50, 51, 52 and 53, Chapter 614, Oregon Laws 2015. SECURITY 845-025-1400 Security Plans (1) A "security plan" may be a stand-alone plan or part of the operating plan required under OAR 845-025-1030(4)(f)(A) as long as it fully describes how an applicant will comply with the applicable laws and rules regarding security. The Commission will not conduct any pre -licensing inspection under OAR 845-025-1090(3) until it has approved an applicant's security plan. (2) The Commission must notify an applicant in writing whether the security plan has been approved. If the security plan is approved the notice must specifically describe the alternate safeguards that are required and, if the security plan is time limited, must state the time period the security plan is in effect. Page 23 of 79 DRAFT 3.24.2016 (3) A licensee must notify the Commission of any proposed changes to a security plan and must have approval prior to implementing any change. The Commission will notify a licensee whether the change is approved in the same manner described in subsection (2) of this rule. (4) The Commission may withdraw approval of the security plan at any time upon a finding that the previously approved plan is not sufficient to accomplish the goals of the security rules. If the Commission withdraws its approval of the security plan, the licensee will be given a reasonable period of time to modify the plan or come into compliance with the security requirements that were waived pursuant to previously approved security plan. Stat. Auth.: Sections 2, 12, 14, 15 and 16, Chapter 614, Oregon Laws 2015. Stats. Implemented: Sections 2, 12, 14, 15 and 16, Chapter 614, Oregon Laws 2015. 845-025-1405 Security Waivers (1) An applicant or licensee may, in writing, request that the Commission waive one or more of the security requirements described in OAR 845-025-1400 to 845-025-1470 by submitting a security waiver request for Commission approval. The waiver request must include: (a) The specific rules and subsections of a rule that is requested to be waived; (b) The reason for the waiver; (c) A description of an alternative safeguard the licensee can put in place in lieu of the requirement that is the subject of the waiver; (d) An explanation of how and why the alternative safeguard accomplishes the goals of the security rules, specifically public safety, prevention of diversion, accountability, and prohibiting access to minors. (2) The Commission may, in its discretion and on a case by case -basis, approve the security waiver if it finds that the alternative safeguard that is proposed meets the goals of the security rules. Stat. Auth.: ORS 475B.025, ORS 475B.070, ORS 475B.090, ORS 475B.100 and ORS 475B.110 Stats. Implemented: ORS 475B.025, ORS 475B.070, ORS 475B.090, ORS 475B.100 and ORS 475B.110 845-025-1410 Security Requirements (1) A licensee is responsible for the security of all marijuana items on the licensed premises, including providing adequate safeguards against theft or diversion of marijuana items and records that are required to be kept. (2) The licensee must ensure that commercial grade, non-residential door locks are installed on every external door and gate, if applicable, of a licensed premises where marijuana items are present. (3) During all hours when the_licensee is not operating_a licensee must ensure that: Page 24 of 79 DRAFT 3.24.2016 (a) All points of ingress and egress from a licensed premises are securely locked and any keys or key codes to the enclosed area remain in the possession of the licensee, licensee representative, or authorized personnel; (b) All marijuana items on a licensed retailer's premises are kept in a safe or vault as those terms are defined in OAR 845-025-1015; and (c) All finished, harvested and cured marijuana items on the licensed premises of a licensee other than a retailer are kept in a locked, enclosed area within the licensed premises that is secured with at a minimum, a steel door with a steel frame or equivalent, and a commercial grade, non-residential door lock. (4) A licensee must: (a) Have an encrypted network infrastructure; (b) Have an electronic back-up system for all electronic records; and (c) Keep all video recordings and archived required records not stored electronically in a locked storage area. Current records may be kept in a locked cupboard or desk outside the locked storage area during hours when the licensed business is open. Stat. Auth.: Sections 2, 12, 14, 15 and 16, Chapter 614, Oregon Laws 2015. Stats. Implemented: Sections 2, 12, 14, 15 and 16, Chapter 614, Oregon Laws 2015. 845-025-1420 Alarm System (1) A licensed premises must have a fully operational security alarm system, activated at all times when the licensed premises is closed for business on all: (a) All points of egress and ingress to and from the licensed premises; and (b) Perimeter windows, if applicable. (2) The security alarm system for the licensed premises must: (a) Be able to detect unauthorized entry onto the licensed premises and unauthorized activity within any limited access area where marijuana items are present; (b) Be programmed to notify a the licensee, licensee representative or authorized personnel in the event of a breach; and (c) Have a mechanism to ensure that the licensee, licensee's employees and authorized representatives can immediately notify emergency services (such as law enforcement or a security company) of any breach. This subsection may be satisfied in one of the following ways: (A) Having at least two operational "panic buttons" located inside the licensed premises that are linked with the alarm system that immediately notifies emergency services, if such panic buttons are not physically carried by all persons present on the licensed premises; (B) Having operational "panic buttons" physically carried by all persons present on the licensed premises that are linked with the alarm system that immediately notifies emergency services; or (C) Having a landline telephone present in all limited access areas that is capable of immediately calling for emergency services. (3) Upon request, licensees shall make all information related to security alarm systems, monitoring and alarm activity available to the Commission. Page 25 of 79 DRAFT 3.24.2016 Stat. Auth.: Sections.2, 12, 14, 15 and 16, Chapter 614, Oregon Laws 2015. Stats. Implemented: Sections 2, 12, 14, 15 and 16, Chapter 614, Oregon Laws 2015. 845-025-1430 Video Surveillance Equipment (1) A licensed premises must have a fully operational video surveillance recording system. (2) Video surveillance equipment must, at a minimum: (a) Consist of: (A) Digital or network video recorders; (B) Cameras capable of meeting the requirements of OAR 845-025-1450 and this rule; (C) Video monitors; (D) Digital archiving devices; (E) A minimum of one monitor on premise capable of viewing video; and (F) A printer capable of producing still photos. (b) Have the capability of producing a still photograph from any camera image; (c) Be equipped with a failure notification system that provides, within one hour, notification to the licensee or an authorized representative of any prolonged surveillance interruption or failure; and (d) Have sufficient battery backup to support a minimum of one hour of recording time in the event of a power outage. (3) Except for mounted cameras, all video surveillance equipment and recordings must be stored in a locked secure area that is accessible only to the licensee, licensee representatives and authorized personnel, Commission employees and contractors, and other state or local government officials that have jurisdiction over some aspect of the licensed premises or licensee. Stat. Auth.: Sections 2, 12, 14, 15 and 16, Chapter 614, Oregon Laws 2015. Stats. Implemented: Sections 2, 12, 14, 15 and 16, Chapter 614, Oregon Laws 2015. 845-025-1440 Required Camera Coverage and Camera Placement (1) A licensed premises must have camera coverage, as applicable, for: (a) All points of ingress and egress to and from the licensed premises; (b)A11 limited access areas as that term is defined in OAR 845-025-1015; (c) All point of sale areas; (d) All points of entry to or exit from limited access areas; and (e) The surveillance room or surveillance area as defmed in OAR 845-025-1460(1)(a) and (b); and (f) Any other area that the Commission believes presents a public safety risk based on the overall operation and characteristics of the licensed premises. (2) A licensee must ensure that cameras are placed_so_that they capture_ cleanand_certain_images of any individual and activity occurring: Page 26 of 79 DRAFT 3.24.2016 (a) Within 15 feet both inside and outside of all points of ingress and egress to and from the licensed premises; and (b) In all locations within secure or limited access areas on the licensed premises. Stat. Auth.: Sections 2, 12, 14, 15 and 16, Chapter 614, Oregon Laws 2015. Stats. Implemented: Sections 2, 12, 14, 15 and 16, Chapter 614, Oregon Laws 2015. 845-025-1450 Video Recording Requirements for Licensed Facilities (1) A licensee must have cameras that continuously record, 24 hours a day, in all areas where marijuana items are present on the licensed premises, and all points of ingress and egress to and from areas where marijuana items are present. (2) A licensee must: (a) In limited access areas, as defined in OAR 845-025-1015, use cameras that record at a minimum resolution of 1280 x 720 px and record at 10 fps (frames per second); (b) In exterior perimeter and non -limited access areas, use cameras that record at a minimum resolution of 1280 x 720 px and record at least 5 fps, except where coverage overlaps any limited access areas such as entrances or exits and in those overlap areas cameras must record at 10 fps; (c) Use cameras that are capable of recording in all lighting conditions; (d) Keep all surveillance recordings for a minimum of 30 calendar days and in a format approved by the Commission that can be easily accessed for viewing and easily reproduced, and upon request of the Commission, keep surveillance recordings for periods exceeding 30 days; (e) Have the date and time embedded on all surveillance recordings without significantly obscuring the picture; (f) Archive video recordings in a format that ensures authentication of the recording as a legitimately -captured video and guarantees that no alterations of the recorded image has taken place; (g) Make video surveillance records and recordings available immediately upon request to the Commission in a format specified by the Commission for the purpose of ensuring compliance with the Act and these rules; (h) Keep a log of all times that recording is stopped due to marijuana items not being present. The log must identify which cameras were not recording, the date and time recording stops, the date and time recording resumes, and a description of the reason why the recording stopped and started; (i) Immediately notify the Commission of any equipment failure or system outage lasting 30 minutes or more: and (j) Back up video surveillance recordings off-site at least once daily for the following areas; (A) Points of ingress and egress to limited access areas when marijuana items are present; (B) All areas where marijuana items are present; (C) The surveillance room or surveillance area as defined in OAR 845-025- 1460(1)(a) and (b); and (D) Any other area that the Commission believes presents a public safety risk based on the overall operation and characteristics of the licensed premises. Page 27 of 79 DRAFT 3.24.2016 (4) In lieu of complying with subsection (2)(j) of this rule, a licensee may keep all required back up video surveillance recordings on site in the surveillance room or surveillance area as defined in OAR 845-025-1460(1)(a) and (b), if that surveillance room or surveillance area: (a) Is fully enclosed on all sides within a limited access area; (b) Is secured by a steel door with a steel frame and commercial grade, non-residential lock that is locked at all times; and (c) Is fireproof, (5) Failure to comply with subsections (2)(e) or (f) of this rule is a Category I violation and may result in license revocation. Stat. Auth.: Sections 2, 12, 14, 15 and 16, Chapter 614, Oregon Laws 2015. Stats. Implemented: Sections 2, 12, 14, 15 and 16, Chapter 614, Oregon Laws 2015. 845-025-1460 Location and Maintenance of Surveillance Equipment (1) A licensee must: (a) Have the surveillance room or surveillance area in a limited access area; and (b) Have the surveillance recording equipment housed in a designated, locked, and secured room or other enclosure with access limited to: (A) The licensee, licensee representatives, and authorized personnel (B) Employees of the Commission; (C) State or local law enforcement agencies for a purpose authorized under the Act, these rules, or for any other state or local law enforcement purpose; and (D) Service personnel or contractors. (2) Off-site storage must be secure and the recordings _must_be_kept in a- format -approved by the Commission that can be easily accessed for viewing and easily reproduced. (3) A licensee must keep a current list of all authorized employees and service personnel who have access to the surveillance system and room on the licensed premises. (4) Licensees must keep a surveillance equipment maintenance activity log on the licensed premises to record all service activity including the identity of any individual performing the service, the service date and time and the reason for service to the surveillance system. (5) Off-site monitoring of the licensed premises by a licensee or an independent third -party is authorized as long as standards exercised at the remote location meet or exceed all standards for on-site monitoring. Stat. Auth.: Sections 2, 12, 14, 15 and 16, Chapter 614, Oregon Laws 2015. Stats. Implemented: Sections 2, 12, 14, 15 and 16, Chapter 614, Oregon Laws 2015. 845-025-1470 Producer Security Requirements (1) In addition to the security requirements in OAR 845-025-1400 to 845-025-1460, a producer must effectively prevent public access and obscure from public view all areas of marijuana. production. A producer may satisfy this requirement by: Page 28 of 79 DRAFT 3.24.2016 (a) Having an approved security plan as described in OAR 845-025-1400 which demonstrates that a producer will effectively prevent public access and obscure from public view all areas of marijuana production; (b) Fully enclosing indoor production on all sides so that no aspect of the production area is visible from the exterior satisfies; or (c) Erecting a solid wall or fence on all exposed sides of an outdoor production area that is at least eight (8) feet high. (2) If a producer chooses to dispose of marijuana items by any method of composting, as described in OAR 845-025-7750, the producer must prevent public access to the composting area and obscure the area from public view. Stat. Auth.: Sections 2 and 12, Chapter 614, Oregon Laws 2015. Stats. Implemented: Sections 2 and 12, Chapter 614, Oregon Laws 2015. HEALTH AND SAFETY 845-025-1600 State and Local Safety Inspections (1) All marijuana licensees may be subject to inspection of licensed premises by state or local government officials to determine compliance with state or local health and safety laws. (2) A licensee must contact any utility provider to ensure that the licensee complies with any local ordinance or utility requirements such as water use, discharge into the sewer system, or electrical use. Stat. Auth.: Sections 2, 12, 14, 15 and 16, Chapter 614, Oregon Laws 2015. Stats. Implemented: Sections 2, 12, 14, 15 and 16, Chapter 614, Oregon Laws 2015. 845-025-1620 General Sanitary Requirements (1) A marijuana licensee must: (a) Prohibit any individual working on a licensed premises who has or appears to have a communicable disease, open or draining skin lesion infected with Staphylococcus aureus or Streptococcus pyogenes, or any illness accompanied by diarrhea or vomiting for whom there is a reasonable possibility of contact with marijuana items from having contact with a marijuana item until the condition is corrected; (b) Require all persons who work in direct contact with marijuana items conform to hygienic practices while on duty, including but not limited to: (A) Maintaining adequate personal cleanliness; and (B) Washing hands thoroughly in an adequate hand -washing area before starting work, prior to having contact with a marijuana item and at any other time when the hands may have become soiled or contaminated; (c) Provide hand -washing facilities adequate and convenient, furnished with running water at a suitable temperature and provided with effective hand -cleaning and sanitizing preparations and sanitary towel service or suitable drying device; Page 29 of 79 DRAFT 3.24.2016 (d) Properly remove all litter and waste from the licensed premises and maintain the operating systems for waste disposal in an adequate manner so that they do not constitute a source of contamination in areas where marijuana items are exposed; (e) Provide employees with adequate and readily accessible toilet facilities that are maintained in a sanitary condition and good repair; and (f) Hold marijuana items that can support pathogenic microorganism growth or toxic formation in a manner that prevents the growth of these pathogenic microorganism or formation toxins. (2) For purposes of this rule "communicable disease" includes but is not limited to: diphtheria, measles, Salmonella enterica serotype Typhi infection, shigellosis, Shiga -toxigenic Escherichia coli (STEC) infection, hepatitis A, and tuberculosis. Stat. Auth.: Sections 2, 12, 14, 15 and 16, Chapter 614, Oregon Laws 2015. Stats. Implemented: Section 51, Chapter 614, Oregon Laws 2015. RECREATIONAL MARIJUANA PRODUCERS 845-025-2000 Defmitions As used in OAR 845-025-2000 to 845-025-2080: (1) "Canopy" means the surface area utilized to produce mature marijuana plants calculated in square feet and measured using the outside boundaries of any area that includes mature marijuana plants including all of the space within the boundaries. (2) "Indoor production" means producing marijuana in any manner: (a) Utilizing artificial lighting on mature marijuana plants; or (b) Other than "outdoor production" as that is defined in this rule. (3) "Outdoor production" means producing marijuana: (a) In an expanse of open or cleared ground; or (b) In a greenhouse, hoop house or similar non -rigid structure that does not utilize any artificial lighting on mature marijuana plants, including but not limited to electrical lighting sources. Stat. Auth.: Sections 2, 12 and 13 Chapter 614, Oregon Laws 2015. Stats. Implemented: Sections 2, 12 and 13 Chapter 614, Oregon Laws 2015. 845-025-2020 Producer Privileges; Prohibitions (1) A producer may: (a) Plant, cultivate, grow, harvest and dry marijuana in the manner approved by the Commission and consistent with chapter 1, Oregon Laws 2015, chapter 614, Oregon Laws 2015 and these rules; (b) Engage in indoor or outdoor production of marijuana, or a combination of the two; (c) Sell or transport: (A) Usable marijuana to the licensed premises of a marijuana processor, wholesaler, retailer, laboratory, or research certificate holder; Page 30 of 79 DRAFT 3.24.2016 (B) Dried mature marijuana plants that have been entirely removed from any growing medium to the licensed premises of a marijuana processor or research certificate holder; (C) Immature marijuana plants and seeds to the licensed premises of a marijuana producer, wholesaler, retailer or research certificate holder; (D) Marijuana waste to a producer, processor, wholesaler, or research certificate holder. (d) Purchase and receive: (A) Immature marijuana plants and seeds from a producer or wholesaler; and (B) Marijuana waste from a producer, processor, wholesaler, retailer, laboratory, or research certificate holder.. (e) Provide a sample of usable marijuana to a marijuana wholesaler, retailer or processor licensee for the purpose of the licensee determining whether to purchase the product. The sample product may not be consumed on a licensed premises. Any sample provided to another licensee must be recorded in CTS.(f) Allow a laboratory licensee to obtain samples for purposes of performing testing as provided in these rules and OAR 333-007-0300 to 333-007-0490. (2) A producer may not sell, deliver, purchase, or receive any marijuana item other than as provided in section (1) of this rule. Stat. Auth.: Sections 2, 12 and 13 Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 12 and 13, Chapter 614, Oregon Laws 2015 845-025-2030 Licensed Premises of Producer (1) The licensed premises of a producer authorized to cultivate marijuana indoors includes all public and private enclosed areas used in the business operated at the location and any areas outside of a building that the Commission has. licensed. (2) The licensed premises of a producer authorized to cultivate marijuana outdoors includes the entire lot or parcel, as defined in ORS 92.010, that the licensee owns, leases or has the right to occupy. (3) A producer may not engage in any privileges of the license within a residence. (4) The licensed premises of a producer may not be located at the same physical location or address as a marijuana grow site registered under ORS 475B.304 unless the producer is also a person responsible for a marijuana grow site and has been issued a license by the Commission in accordance with section 116, chapter 614, Oregon Laws 2014, and OAR 845-025-1100. Stat. Auth.: Sections 2 and 12, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 12 and 116, Chapter 614, Oregon Laws 2015 845-025-2040 Production Size Limitations (1) Cultivation Batches and Cultivate Batch Sizes. (a) A producer must establish cultivation batches and assign each cultivation batch a unique identification number. Page 31 of 79 DRAFT 3.24.2016 (b) A cultivation batch may not have more than 100 immature plants. (c) A producer may have an unlimited number of cultivation batches at any one time. (2) Maximum Canopy Size Limits. (a) Indoor Production. (A) Micro tier I: Up to 625 square feet (B) Micro tier II: 626 to 1250 square feet. (C) Tier I: 1251 to 5000 square feet. (D) Tier 11: 5,001 to 10,000 square feet. (b) Outdoor production. (A) Micro tier I: Up to 2,500 square feet. (B) Micro tier II: 2501 to 5000 square feet. (C) Tier 1: 5001 to 20,000 square feet. (D) Tier II: 20,001 to 40,000 square feet. (c) Mixed production. If a producer intends to have a mikture of indoor and outdoor production the Commission will determine the producer's tiers and canopy sizes by applying the ratio in section (4) of this rule. (d) For purposes of this section, square footage of canopy space is measured horizontally starting from the outermost point of the furthest mature flowering plant in a designated growing space and continuing around the outside of all mature Roweling plants located within the designated growing space. (e) A producer may designate multiple grow canopy areas at a licensed premises but those spaces tisTbe—setiarited by a physical boundary such as an interior wall or by at least 10 feet of open space. (f) If a local government adopts an ordinance that would permit a producer to have a higher canopy size limit than is permitted under this rule, the local government may petition the Commission for an increase in canopy size limits for that jurisdiction. If the Commission grants such a petition„the Commission may amend this rule in addition to considering changes to the license fee schedule. (g) On an annual basis, the Commission will evaluate market demand for marijuana items, the number of person applying for producer licenses or licensed as producers and whether the availability of marijuana items in this state is commensurate with the market demand. Following this evaluation the Commission may amend this rule as needed. (3) Canopy Size Limit — Designation and Increases. (a) A producer must clearly identify designated canopy areas and proposed canopy size in the initial license application. A producer may change a designated canopy area within a production type at any time with prior written approval from the Commission, but a producer may only change canopy tiers at the time of renewal in accordance with section (3)(b) or section 4(a) of this rule. (b) A producer may submit a request to change canopy tiers at the time the producer submits an application for renewal of the license. The Commission will grant approval of the request to increase the canopy tier for the producer's next licensure term if: (A) The producer's renewal application is otherwise complete; (B) There are no bases to deny or reject the producer's renewal application; (C) The producer has not already reached the applicable maximum canopy size set forth in section (2) of this rule; and Page 32 of 79 DRAFT 3.24.2016 (D) During the preceding year of licensure, the producer has not been found to be in violation, and does not have any pending allegations of violations of chapter 1, Oregon Laws 2015, chapter 614, Oregon Laws 2015, or these rules. (c) The Commission shall give a producer an opportunity to be heard if a request is rejected under this section. (4) Mixed cultivation methods. (a) A producer may produce marijuana indoors and outdoors at the same time on the same licensed premises. The Commission must be notified of a producer's plan to engage in the indoor and outdoor production of marijuana at the time of initial licensure or at renewal, and not at any other time. A producer who utilizes mixed production may only change designated canopy areas from one production type to another at the time the producer submits a renewal application. (b) The Commission must approve the canopy size applicable to each method. (c) The Commission will use a 4:1 ratio, for outdoor and indoor respectively, to allocate canopy size limits under this section, not to exceed the sum canopy size limits set forth in section (2) of this rule. For example, if a Tier II producer in the first year of licensure has 5,000 square feet of indoor canopy space, then the producer may have up to 20,000 square feet of outdoor canopy space at the same time. (5) Violations. An intentional violation of this rule is a Category I violation and may result in license revocation. All other violations are Category III violations. Stat. Auth.: Sections 2, 12 and 13, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 13, Chapter 614, Oregon Laws 2015 845-025-2050 Operating Procedures (1) A producer must: (a) Establish written standard operating procedures for the production of marijuana. The standard operating procedures must, at a minimum, include when, and the manner in which, all pesticide and or other chemicals are to be applied during the production process; and (b) Maintain a copy of all standard operating procedures on the licensed premises. (2) If a producer makes a material change to its, standard operating procedures it must document the change and revise its standard operating procedures accordingly. Records detailing the material change must be maintained on the licensed premises by the producer. Stat. Auth.: Sections 2 and 12, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 12, Chapter 614, Oregon Laws 2015 845-025-2060 Start-up Inventory (1) Marijuana producers may not receive immature marijuana plants or seeds from any source other than from another licensee, except that between January 1, 2016 and December 31, 2016, a marijuana producer may receive immature marijuana plants and seeds from any source within Oregon for up to 90 days following initial licensure by the Commission. Page 33 of 79 DRAFT 3.24.2016 (2) The marijuana producer shall, through CTS, report receipt of the number of immature marijuana plants or seeds received under this section within 48 hours of the plants or seeds arriving at the licensed premises. A producer does not have to document the source of the immature plants or seeds during the 90 day start-up period. (3) Failure to comply with this rule is a Category I violation and could result in license revocation. Stat. Auth.: Sections 2 and 12, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 12 and 23, Chapter 614, Oregon Laws 2015 845-025-2070 Pesticides, Fertilizers and Agricultural Chemicals (1) Pesticides. A producer may only use pesticides in accordance with ORS chapter 634 and OAR 603, Division 57. (2) Fertilizers, Soil Amendments, Growing Media. A producer may only use fertilizer, agricultural amendments, agricultural minerals and lime products in accordance with ORS chapter 633. (3) A producer may not treat or otherwise adulterate usable marijuana with any chemical, biologically active drug, plant, substance, including nicotine, or other compound that has the effect or intent of altering the usable marijuana's color, appearance, weight or smell. (4) In addition to other records required by these rules, a producer must maintain, at all times and on the licensed premises: (a) The material safety data sheet (MSDS) for all pesticides, fertilizers or other agricultural chemicals used by the producer in the production of marijuana; (b) The original label or a copy thereof for all pesticides, fertilizers or other agricultural chemicals used by the producer in the production of marijuana; and (c) A log of all pesticides, fertilizers or other agricultural chemicals used by the producer in the production of marijuana. The log must include: (A) The information required to be documented by a pesticide operator in ORS 634.146; and (B) The unique identification tag number of the cultivation batch or individual mature marijuana plant to which the product was applied, or if applied to all plants on the licensed premises a statement to that affect. (5) A producer may maintain the records required under this rule in electronic or written form. If electronic, a producer shall maintain a backup system or sufficient data storage so that records are retained for no less than two years after harvest of any marijuana on which documented products were used. If written, a producer shall ensure that the records are legible and complete, shall keep them in a safe and secure location, and shall retain the records for no less than two years after harvest of any marijuana on which documented products were used. (6) A producer must make the records required under this rule immediately available during an premises inspection by a Commission regulatory specialist. If the Commission requests copies of the records at any time other than during a premises inspection, a producer shall produce the records upon request. (7) A violation of sections (1) to (4) of this ruless_a_Category 1 violation and -could -result in license revocation. Page 34 of 79 DRAFT 3.24.2016 (8) A failure to keep complete records as required by this rule is a Category III violation. A failure to keep records on the licensed premises, or failure to timely produce records, is a Category III violation. Stat. Auth.: Sections 2 and 12, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 12 and 76, Chapter 614, Oregon Laws 2015 845-025-2080 Harvest Lot Segregation (1) A producer must, within 45 days of harvesting a harvest lot, physically segregate the harvest lot from other harvest lots, place the harvest lot in a receptacle or multiple receptacles and assign a UID tag to each receptacle that is linked to each plant that was harvested. (2) A producer may not combine harvest lots that are of a different strain, were produced using different growing practices or harvested at a different time. Stat. Auth.: Sections 2 and 12, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 12 and 23, Chapter 614, Oregon Laws 2015 MEDICAL MARIJUANA OPT -IN 845-025-2400 Medical Marijuana Grow Site Opt -In (1) For purposes of this rule: (a) "Grower" means a person responsible for a marijuana grow site as that term is defined in OAR 333-008-0010. (b) "Grow site" has the meaning given that term in OAR 333-008-0010. (c) "Patient" has the same meaning given that term in OAR 333-008-0010. (2)'A grower may apply for a producer license to produce marijuana at the same location as a grow site only if all growers producing marijuana at that address are listed on the application. (3) In addition to the requirements of OAR 845-025-1030, the applicants must provide proof that each patient for whom the applicants are producing marijuana at the grow site proposed to be licensed has granted permission for the applicants to apply for a license and sell excess usable marijuana and immature plants to licensees of the Commission. (4) If the Commission approves the application and issues a producer license, the licensees may not possess more than the amount of usable marijuana or marijuana plants permitted under ORS 475B.400 to 475B.525 unless the licensed premises ceases to be registered as a grow site with the Oregon Health Authority (OHA). (5) If the licensed premises ceases to be registered as a grow site with the Oregon Health Authority, the licensee must notify the Commission within 5 days and provide proof that no growers or patients are registered by OHA at the licensed premises. (6) A licensee licensed under this rule must record in CTS within five days of initial licensure, all mature and immature marijuana plants and usable marijuana on the licensed premises. (7) A producer, licensed under this rule: (a) Is subject to these rules with the exception of OAR 845-025-2060; Page 35 of 79 DRAFT 3.24.2016 (b) Must comply with the duties, functions and powers of a grower under ORS 475B.400 to 475B.525 and any rule adopted thereunder, except that a grower is not subject to OHA's requirements related to the reporting or tracking of mature marijuana plants and usable marijuana; (c) May sell usable marijuana or immature plants in excess of amounts produced for a patient, to other licensees, in accordance with these rules; and (d) May, notwithstanding section 6, chapter 614, Oregon Laws 2015, transfer marijuana and usable marijuana to other registrants under ORS 475B.400 to 475B.525 in accordance with any rules adopted by the OHA. Stat. Auth.: Section 116, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 116, Chapter 614, Oregon Laws 2015 MARIJUANA RETAILERS 845-025-2800 Retailer Privileges; Prohibitions (1) A retailer is the only licensee that is authorized to sell a marijuana item to a consumer.. (2) A retailer may: (a) Between the hours of 7:00 AM and 10:00 PM local time, sell marijuana items from the licensed premises to a consumer 21 years of age or older; (b) Sell and deliver: (A)Marijuana-itemss-to a OIISUIjjer 2-1years of age or oiler pursuant to a bona fide order as described in OAR 845-025-2880; and (B) Marijuana waste to a producer, processor, wholesaler, or research certificate holder. (c) Purchase and receive: (A)Usable marijuana, immature marijuana plants, and seeds from a producer; (B) Cannabinoid concentrates, extracts, and products from a processor with an endorsement to manufacture the type of product received; (C)Any marijuana item from a wholesaler; (D)Any marijuana item from a laboratory; and (d) Refuse to sell marijuana items to a consumer; and (e) Allowa laboratory licensee to obtain samples for purposes of performing testing as provided in these rules and OAR 333-007-0300 to 333-007-0490. (3) A retailer may not: (a) Sell more than the following amounts to a consumer at any one time or within one day: (A) One ounce of usable marijuana; (B) 16 ounces of a cannabinoid product in solid form; (C) 72 ounces of a cannabinoid product in liquid form; (D) Five grams of cannabinoid extracts, or concentrate, whether sold alone or contained in an inhalant delivery system; (E) Four immature marijuana plants; and (F) Ten marijuana seeds; (b) Provide free samples of a marijuana item to a consumer except as described under section (2)(e) of this rule; Page 36 of 79 DRAFT 3.24.2016 (c) Sell or give away pressurized containers of butane or other materials that could be used in the home production of marijuana extracts; (d) Discount a marijuana item if the retail sale of the marijuana is made in conjunction with the retail sale of any other items, including other marijuana items; (e) Sell a marijuana item for less than the cost of acquisition. Notwithstanding this prohibition a licensee may request permission in writing to sell marijuana items below the cost of acquisition that have been held in the retailer's inventory for more than 60 days; (f) Permit consumers to be present on the licensed premises or sell to a consumer between the hours of 10:00 p.m. and 7:00 a.m. local time the following day; (g) Sell any product derived from industrial hemp, as that is defined in ORS 571.300, that is intended for human consumption, ingestion, or inhalation, unless it has been tested, labeled and packaged in accordance with these rules; or (h) Sell, deliver, purchase, or receive any marijuana item other than as provided in section (1) of this rule. Stat. Auth.: Sections 2 and 16, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 2 and 16, Chapter 614, Oregon Laws 2015 845-025-2820 Retailer Operational Requirements (1) Prior to completing the sale of a marijuana item to a consumer, a retailer must verify that the consumer has a valid, unexpired government -issued photo identification and must verify that the consumer is 21 years of age or older by viewing the consumer's: (a) Passport; (b) Driver license, whether issued in this state or by any other state, as long as the license has a picture of the person; (c) Identification card issued under ORS 807.400; (d) United States military identification card; or (e) Any other identification card issued by a state that bears a picture of the person, the name of the person, the person's date of birth and a physical description of the person. (2) Marijuana items offered for sale by a retailer must be stored in such a manner that the items are only accessible to authorized representatives until such time as the final sale to the consumer is completed. Stat. Auth.: Sections 2 and 16, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 15, Chapter 1, Oregon Laws 2015 845-025-2840 Retailer Premises (1) The licensed premises of a retailer: (a) May not be located in an area that is zoned exclusively for residential use. (b) May not be located within 1,000 feet of: Page 37 of 79 DRAFT 3.24.2016 (A) A public elementary or secondary school for which attendance is compulsory under ORS 339.020; or (B) A private or parochial elementary or secondary school, teaching children as described in ORS 339.030. (c) Must be enclosed on all sides by permanent walls and doors. (2) A retailer must post in a prominent place signs at every: (a) Point of sale that read: (A) "No Minors Permitted Anywhere on the Premises"; and (B) "No On -Site Consumption". (b) Exit from the licensed premises that reads: "Marijuana or Marijuana Infused Products May Not Be Consumed In Public". (3) A retailer must designate a consumer sales area on the licensed premises where consumers are permitted. The area shall include the portion of the premises where marijuana items are displayed for sale to the consumer and sold and may include other contiguous areas such as a lobby or a restroom. The consumer sales area is the sole area of the licensed premises where consumers are permitted. (4) All inventory must be stored on the licensed premises. (5) For purposes of determining the distance between a retailer and a school referenced in subsection (1)(b) of this rule, "within 1,000 feet" means a straight line measurement in a radius extending for 1,000 feet or less in any direction from the closest point anywhere on the boundary line of the real property comprising a school to the closest point of the licensed premises of a retailer. lfany portiOn of the licensed premises is within 1,000 feet of a school as described subsection (1)(b) of this rule an applicant will not be licensed. Stat. Auth.: Sections 2 and 16, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 6 and 16, Chapter 614, Oregon Laws 2015 845-025-2860 Consumer Health and Safety Information A retailer must: (1) Post at the point of sale the following posters prescribed by the Commission, measuring 22 inches high by 17 inches wide that can be downloaded at www.oregon.aov/olcc/mariivana: (a) A Pregnancy Warning Poster; and (b) A Poisoning Prevention Poster. (2) Post at the point of sale a color copy of the "Educate Before You Recreate" flyer measuring 22 inches high by 17 inches wide that can be downloaded at WHATSLEGALOREGON.COM. (3) Distribute to each individual at the time of sale, a Marijuana Information Card, prescribed by the Commission, measuring 3.5 inches high by 5 inches long that can be downloaded at www.oregon.gov/olcc/marijuana. Stat. Auth.: Sections 2 and 16, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 2 and 16, Chapter 614, Oregon Laws 2015 845-025-2880 Delivery of Marijuana Items by Retailer Page 38 of 79 DRAFT 3.24.2016 (1) A marijuana retailer may deliver a marijuana item to a residence in Oregon subject to compliance with this rule. For purposes of this rule, "residence" means a dwelling such as a house or apartment but does not include a dormitory, hotel, motel, bed and breakfast or similar commercial business. (2) Delivery Approval Process. (a) The retailer must request approval from the Commission prior to undertaking delivery service of marijuana items, on a form prescribed by the Commission that includes a statement that the retailer: (A) Understands and will follow the requirements for delivery listed in this rule; and (B) Has taken steps to ensure the personal safety of delivery personnel, including providing any necessary training. (b) The retailer must receive written approval from the Commission prior to making any deliveries. (c) The Commission may refuse to review any request for approval that is not complete and accompanied by the documents or disclosures required by the form. (d) If the Commission denies approval the Commission shall give a retailer the opportunity to be heard. (e) The Commission may withdraw approval for delivery service at any time if the Commission finds that the retailer is not complying with this rule, the personal safety of delivery personnel is at risk, the retailer's delivery service has been the target of theft, or the delivery service is creating a public safety risk. (3) Bona Fide Orders. (a) A bona fide order must be received by an approved retailer from the individual requesting delivery, before 4:00 p.m. on the day the delivery is requested. (b) The bona fide order must contain: (A) The individual requestor's name, date of birth, the date delivery is requested and the address of the residence where the individual would like the items delivered; (B) A document that describes the marijuana items proposed for delivery and the amounts; and (C) A statement that the marijuana is for personal use and not for the purpose of resale. (4) Delivery Requirements. (a) Deliveries must be made before 9:00 p.m. local time and may not be made between the hours of 9:00 p.m. and 8:00 a.m. local time. (b) The marijuana retailer may only deliver to the individual who placed the bona fide order and only to individuals who are 21 years of age or older. (c) At the time of delivery the individual performing delivery must check the identification of the individual to whom delivery is being made in order to determine that it is the same individual who submitted the bona fide order, that the individual is 21 years of age or older, and must require the individual to sign a document indicating that the items were received. (d) A marijuana retailer may not deliver a marijuana item to an individual who is visibly intoxicated at the time of delivery. (e) Deliveries may not be made more than once per day to the same physical address or to the same individual. (f) Marijuana items delivered to an individual's residence must: (A) Comply with the packaging rules in OAR 845-025-7000 to 845-025-7060; and Page 39 of 79 DRAFT 3.24.2016 (B) Be placed in a larger delivery receptacle that has a label that reads: "Contains marijuana: Signature of person 21 years of age or older required for delivery". (g) A retailer may not carry or transport at any one time more than a total of $100 in retail value worth of marijuana items designated for retail delivery. (h) All marijuana items must be kept in a lock -box securely affixed inside the delivery vehicle. (i) A manifest must be created for each delivery or series of deliveries and the individual doing the delivery may not make any unnecessary stops between deliveries or deviate substantially from the manifest route. (5) Documentation Requirements. A marijuana retailer must document the following regarding deliveries: (a) The bona fide order and the date and time it was received by the retailer; (b) The date and time the marijuana items were delivered; (c) A description of the marijuana items that were delivered, including the weight or volume and price paid by the consumer; (d) Who delivered the marijuana items; and (e) The name of the individual to whom the delivery was made and the delivery address. (6) A retailer is only required to maintain the name of an individual to whom a delivery was made for one year. (7) Prohibitions. (a) A retailer may deliver marijuana items only to a location within: (A) The city in which the licensee is licensed, if a licensee is located within a city; or (B) Unincorporated areas of the county in which the licensee is licensed, if a licensee is located in an unincorporated city or area within the county. (b) A retailer may not deliver marijuana items to a residence located on publicly -owned land. (8) Sanction. A violation of any section of this rule that is not otherwise specified in OAR 845- 025-8590 is a Category III violation. Stat. Auth.: Sections 2, 6 and 16, chapter 614, Oregon Laws 2015 Stats. Implemented: Section 6, chapter 614, Oregon Laws 2015 845-025-2890 Collection of Taxes (1) A retailer must collect, at the point of sale, the tax imposed on the consumer under section 2, chapter 699, Oregon Laws 2015, and remit the tax to the Oregon Department of Revenue in accordance Department of Revenue rules. (2) A violation of this rule is a Category III violation. (3) An intentional violation of this rule is a Category I violation. Stat. Auth.: Sections 2 and 16, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 2 and 16, Chapter 614, Oregon Laws 2015 RETAIL MARIJUANA PROCESSORS Page 40of79 DRAFT 3.24.2016 845-025-3200 Definitions For purposes of OAR 845-025-3200 to 845-025-3290: (1) "Cannabinoid topical" means a cannabinoid product intended to be applied to skin or hair. (2) "Food" means a raw, cooked, or processed edible substance, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum. Stat. Auth.: Sections 2 and 14, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 14, Chapter 614, Oregon Laws 2015 845-025-3210 Endorsements (1) A marijuana processor may only process and sell cannabinoid products, concentrates or extracts if the processor has received an endorsement from the Commission for that type of processing activity. Endorsements types are: (a) Cannabinoid edible processor; (b) Cannabinoid topical processor; (c) Cannabinoid concentrate processor; and (d) Cannabinoid extract processor. (2) An applicant must request an endorsement upon submission of an initial application but may also request an endorsement at any time following licensure. (3) In order to apply for an endorsement an applicant or processor licensee must submit a form prescribed by the Commission that includes a description of the type of products to be processed, a description of equipment to be used, and any solvents, gases, chemicals or other compounds proposed to be used to create extracts or concentrates. (4) Only one application and license fee is required regardless of how many endorsements an applicant or licensee requests or at what time the request is made. (5) An individual processor licensee may hold multiple endorsements. (6) For the purposes of endorsements any cannabinoid product that is intended to be consumed orally is considered a cannabinoid edible. (7) If a processor is no longer going to process the product for which the processor is endorsed the processor must notify the Commission in writing and provide the date on which the processing of that product will cease. (8) The Commission may deny a processor's request for an endorsement if the processor cannot or does not meet the requirements in OAR 845-025-3200 to 845-025-3290 for the endorsement that is requested. If the Commission denies approval the processor has a right to a hearing under the procedures of ORS chapter 183. Stat. Auth.: Sections 2 and 14, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 14 and 18 Chapter 614, Oregon Laws 2015 845-025-3215 Processor Privileges; Prohibitions (1) A processor may: Page 41 of 79 DRAFT 3.24.2016 (a) Sell or transport: (A) Cannabinoid concentrates, extracts, and products for which the processor has an endorsement to a processor, wholesaler, retailer, or research certificate holder; and (B) Marijuana waste to a producer, processor, wholesaler, or research certificate holder. (b) Purchase and receive: (A) Dried mature marijuana plants that have been entirely removed from any growing medium from 'a producer; (B) Usable marijuana from a producer; (C) Cannabinoid concentrates, extracts and products from a processor with an endorsement to manufacture the type of product received; and (D)Marijuana waste from a producer, processor, wholesaler, retailer, laboratory, or research certificate holder. (c) Allow a laboratory licensee to obtain samples for purposes of performing testing as provided in these rules and OAR 333-007-0300 to 333-007-0490. (2) A processor may not sell transport, purchase, or receive any marijuana item other than as provided in section (1) of this rule. _845,025-3220 General Processor Requirements (1) A processor must: (a) Use equipment, counters and surfaces for processing that are food -grade and do not react adversely with any solvent being used. (b) Have -counters and surface areas -that areconstructed in a manner that reduce the potential for development of microbials, molds and fungi and that can be easily cleaned. (c) Maintain the licensed premises in a manner that is free from conditions which may result in contamination and that is suitable to facilitate safe and sanitary operations for product preparation purposes. (d) Store all marijuana items not in use in a locked area, including products that require refrigeration in accordance with OAR 845-025-1410. (e) Assign every process lot a unique identification number and enter this information into CTS. (2) A processor may provide a sample of a cannabinoid product, concentrate or extract to a marijuana wholesaler or retailer for the purpose of the wholesaler or retailer licensee determining whether to purchase the product but the product may not be consumed on a licensed premises. Any sample provided to another licensee must be recorded in CTS. (3) A processor may not process or sell a marijuana item: (a) That by its shape and design is likely to appeal to minors, including but not limited to: (A) Products that are modeled after non -cannabis products primarily consumed by and marketed to children; or (B) Products in the shape of an animal, vehicle, person or character. (b) That is made by applying cannabinoid concentrates or extracts to commercially available candy -or -snack -food --items. (c) That contains Dimethyl sulfoxide (DMSO). Page 42 of 79 DRAFT 3.24.2016 Stat. Auth.: Sections 2 and 14, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 14, Chapter 614, Oregon Laws 2015 845-025-3230 Processor Policies and Procedures A processor must create and maintain written, detailed standard policies and procedures that include but are not limited to: (1) Instructions for making each cannabinoid concentrate, extract or product. (2) The ingredients and the amount of each ingredient for each process lot; (3) The process for making each product; (4) The number of servings in a process lot; (5) The intended amount of THC per serving of the product; (6) The process for making each process lot homogenous; (7) If processing a cannabinoid concentrate or extract: (a) Conducting necessary safety checks prior to commencing processing; (b) Purging any solvent or other unwanted components from a cannabinoid concentrate or extract; (8) Procedures for cleaning all equipment, counters and surfaces thoroughly; (9) Procedures for preventing growth of pathogenic organisms and toxin formation; (10) Proper handling and storage of any solvent, gas or other chemical used in processing or on the licensed premises in accordance with material safety data sheets and any other applicable laws; (11) Proper disposal of any waste produced during processing in accordance with all applicable local, state and federal laws, rules and regulations; (12) Quality control procedures designed to maximize safety and minimize potential product contamination; (13) Appropriate use of any necessary safety or sanitary equipment; and (14) Emergency procedures to be followed in caseof a fire, chemical spill or other emergency. Stat. Auth.: Sections 2 and 14, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 14, Chapter 614, Oregon Laws 2015 845-025-3240 Processor Training Requirements (1) A processor must have a comprehensive training program that includes, at a minimum, the following topics: (a) The standard operating policies and procedures; (b) The hazards presented by all solvents or other chemicals used in processing and on the licensed premises as described in the material safety data sheet for each solvent or chemical; and (c) Applicable Commission statutes and rules. Page 43 of 79 DRAFT 3.24.2016 (2) At the time of hire and prior to engaging in any processing, and once yearly thereafter, each employee involved in the processing of a cannabinoid concentrate, extract or product must be trained in accordance with the processor's training program. Stat. Auth.: Sections 2 and 14, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 14, Chapter 614, Oregon Laws 2015 845-025-3250 Cannabinoid Edible Processor Requirements (1) A cannabinoid edible processor may only process in a food establishment licensed by the Oregon Department of Agriculture (ODA) and must comply with the applicable provisions of OAR 603, Division 21, Division 22, Division 24, Division 25, with the exception of OAR 603- 025-0020(17) and Division 28. (2) A cannabinoid edible processor may not: (a) Engage in processing in a location that is operating as a restaurant, seasonal temporary restaurant, intermittent temporary restaurant, limited service restaurant, single -event temporary restaurant, commissary, mobile unit, bed or breakfast, or warehouse licensed under ORS 624; (b) Share a food establishment with a person not licensed and endorsed by the Commission as a cannabinoid edible processor; (c) Process foo d intended for commercial sale that does not contain cannabinoids, at the licensed premises; or (d) Use a cannabinoid concentrate or extract to process food unless that concentrate or extract was made by a processor licensed by the ODA under ORS 616.706. (3) A cannabinoid edible processor may share a food establishment with another cannabinoid edible processor if: (a) The schedule, with specific hours and days that each processor will use the food establishment, is prominently posted at the entrance to the food service establishment and has been approved by the Commission: (A) The schedule must be submitted to the Commission in writing and will be approved if it demonstrates that use of a shared food establishment by multiple cannabinoid edible processors does not create an increased compliance risk. (B) A processor licensee may only change the schedule with prior written approval from the Commission. (b) Each licensee designates a separate area to secure, in accordance with OAR 845-025-1410, any marijuana, cannabinoid products, concentrates or extracts that a licensee stores at the food establishment. If a cannabinoid edible processor does not store marijuana, cannabinoid products, concentrates or extracts at the food establishment those items must be stored on a licensed premises. (4) A food establishment used by a cannabinoid edible processor is considered a licensed premises and must meet the security and other licensed premises requirements in these rules. (5) A cannabinoid edible processor is strictly liable for any violation found at a shared food establishment during that processor's scheduled time or within that processor's designated area in the food establishment. Stat. Auth.: Sections 2 and 14, Chapter 614, Oregon Laws 2015 Page44of79 DRAFT 3.24.2016 Stats. Implemented: Sections 14 and 18, Chapter 614, Oregon Laws 2015 845-025-3260 Cannabinoid Concentrate and Extract Processor Requirements (1) Cannabinoid Concentrates or Extracts. A processor with a cannabinoid concentrate or extract endorsement: (a) May not use Class I solvents as those are classified in the Federal Drug Administration Guidance, Table I, published in the Federal Register on December 24, 1997 (62 FR 67377). (b) Must: (A) Only use a hydrocarbon -based solvent that is at least 99 percent purity. (B) Only use a non -hydrocarbon -based solvent that is food -grade. (C) Work in an environment with proper ventilation, controlling all sources of ignition where a flammable atmosphere is or may be present. (D) Use only potable water and ice made from potable water in processing. (E) If making a concentrate or extract that will be used in a cannabinoid edible, be endorsed as a cannabinoid edible processor and comply with OAR 845-025-3250. (2) Cannabinoid Extracts. A processor with an endorsement to make cannabinoid extracts: (a) May not use pressurized canned butane. (b) Must: (A) Process in a: (i) Fully enclosed room clearly designated on the current diagram of the licensed premises. (ii) Spark proof room equipped with evacuation fans and lower explosive limit (LEL) detectors. (B) Use a professional grade closed loop extraction system designed to recover the solvents and built to codes of recognized and generally accepted good engineering standards, such as those of: (i) American National Standards Institute (ANSI); (ii) Underwriters Laboratories (UL); or (iii) The American Society for Testing and Materials (ASTM). (C) If using CO2 in processing, use a professional grade closed loop CO2 gas extraction system where every vessel is rated to a minimum of nine hundred pounds per square inch. (D) Have equipment and facilities used in processing approved for use by the local fire code official; (E) For extraction system engineering services, including but not limited to consultation on and design of extraction systems or components of extraction systems, use the services of a professional engineer registered with the Oregon State Board of Examiners for Engineering and Land Surveying, unless an exemption under ORS 672.060 applies; (F) Meet any applicable fire, safety, and building code requirements specified in: (i) Applicable Oregon laws, rules and provisions of the State Building Code; (ii) National Fire Protection Association (NFPA) standards; (iii) International Building Code (IBC), if not covered by the State Building Code; (iv) International Fire Code (IFC), if not covered by the State Building Code; and Page 45 of 79 DRAFT 3.24.2016 (G) Have an emergency eye -wash station in any room in which cannabinoid extract is being processed; and (H) Have all applicable material safety data sheets readily available to personnel working for the processor. (3) Cannabinoid Concentrates. A processor with an endorsement to make cannabinoid concentrates: (a) May not: (A) Use denatured alcohol. (B) If using carbon dioxide, apply high heat or pressure. (b) Must only use or store dry ice in a well -ventilated room to prevent against the accumulation of dangerous levels of CO2. (c) May use: (A) A mechanical extraction process; (B) A chemical extraction process using a nonhydrocarbon-based or other solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol; or (C) A chemical extraction process using the hydrocarbon -based solvent carbon dioxide, provided that the process does not involve the use heat over 180 degrees or pressure. Stat. Auth.: Sections 2 and 14, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 14, Chapter 614, Oregon Laws 2015 845-025-3280 Cannabinoid Topical Processor A processor with a cannabinoid topical endorsement may not engage in processing in a location that is operating as a restaurant, seasonal temporary restaurant,intermittent temporary restaurant, limited service restaurant or single -event temporary restaurant licensed under ORS 624. Stat. Auth.: Sections 2 and 14, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sectionl4, Chapter 614, Oregon Laws 2015 845-025-3290 Recordkeeping (1) A processor must keep records documenting the following: (a) How much marijuana is in each process lot; (b) If a product is returned by a licensee, how much product is returned and why; (c) If a defective product was reprocessed, how the defective product was reprocessed; and (d) Each training provided in accordance with OAR 845-025-3240, the names of employees who participated in the training, and a summary of the information provided in the training. (2) A processor must obtain a material safety data sheet for each solvent used or stored on the licensed premises and maintain a current copy of the material safety data sheet and a receipt of purchase for all solvents used or to be used in an extraction process on the licensed premises. Page 46 of 79 DRAFT 3.24.2016 (3) If the Commission requires a processor to submit or produce documents to the Commission that the processor believes falls within the definition of a trade secret as defined in ORS 192.501, the processor must mark each document "confidential" or "trade secret". Stat. Auth.: Sections 2 and 14, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sectionl4, Chapter 614, Oregon Laws 2015 RECREATIONAL MARIJUANA WHOLESALER 845-025-3500 Wholesale License Privileges; Prohibitions (1) A wholesale licensee may: (a) Sell, including sale by auction, and transport: (A) Any type of marijuana item to a retail, wholesale or research certificate holder; (B) Immature marijuana plants and seeds to a producer; (C) Usable marijuana to a processor licensee, and; (D) Marijuana waste to a producer or processor. (b) Purchase and receive: (A) Any type of marijuana item from a wholesaler. (B) Cannabinoid concentrates, extracts, and products from a processor with an endorsement to manufacture the type of product received; (C) Usable marijuana from a producer; and (D) Marijuana waste from a producer, processor, wholesaler, retailer, laboratory, or research certificate holder. (c) Transport and store marijuana items on behalf of other licensees, pursuant to the requirements of OAR 845-025-7500 to OAR 845-025-7590. (d) Provide a sample of usable marijuana or a cannabinoid product, concentrate or extract to a marijuana wholesaler, retailer or processor licensee for the purpose of the licensee determining whether to purchase the product. The product may not be consumed on a licensed premises. Any sample provided to another licensee must be recorded in CTS. (e) Allow a. laboratory licensee to obtain samples for purposes of performing testing as provided in these rules and OAR 333-007-0300 to 333-007-0490. (2) A wholesale licensee may not sell, deliver, purchase, or receive any marijuana item other than as provided in section (1) of this rule. (3) For purposes of this rule, "marijuana item" does not include a mature marijuana plant. Stat. Auth.: Sections 2 and 15, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 15 and 23, Chapter 614, Oregon Laws 2015 MARIJUANA TESTING LABORATORIES 845-025-5000 Laboratory License Privileges Page 47 of 79 DRAFT 3.24.2016 (1)A licensed marijuana testing laboratory may: (a) Obtain samples of marijuana items from licensees for purposes of performing testing as provided in these rules and OAR 333-007-0300 to 333-007-0490; (b) Transport and dispose of samples as provided in these rules; (c) Perform testing on marijuana items in a manner consistent with the laboratory's accreditation by the Oregon Health Authority, these rules and OAR 333-007-0300 to 333-007-0490; (d) Sell or transport marijuana waste to a producer, processor, wholesaler, or research certificate holder; and (e) Purchase and receive marijuana waste from a producer, processor, wholesaler, retailer, laboratory, or research certificate holder. Stat. Auth.: Section 93, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 93, Chapter 614, Oregon Laws 2015 845-025-5030 Laboratory Licensing Requirements (1) General Requirements (a) A laboratory that intends to collect samples and test marijuana items for producer, processor, wholesale or retail licensees must be licensed by the Commission. (b) An applicant for a license under this rule must comply with all applicable application requirements in OAR 845-025-1030 and pay the required application and license fees, except that a laboratory licensee is not subject to any residency requirements. (c) A laboratory application is subject to the same application review procedures as other applicants. (d) In addition to the denial criteria in OAR 845-025-1115, the Commission may refuse to issue a laboratory license for any violation of sections 91 to 99, chapter 614, Oregon Laws 2015, sections 3 to 70, chapter 1, Oregon Laws 2015, or these rules. (e) In addition to the denial criteria in OAR 845-025-1115, the Commission may refuse to issue a laboratory license to any person who holds a producer, processor, wholesaler or retail license or is registered with the authority under [cite statutes for medical grower, processor, and dispensary. (f) Laboratory application and license fees are established in OAR 845-025-1060. (g) A laboratory licensed after [insert date] which is only accredited to perform sampling may be designated as a Sampling Laboratory. This designation may only be changed upon license renewal. (2) Accreditation by the Oregon Health Authority (a) In addition to the requirements listed in section (1) of this rule, an applicant for a laboratory license must be accredited by the Authority for the sampling and testing they will perform as required in OAR 333-007-0300 to 333-007-0490 prior to exercising the licensed privileges in OAR 845-025-5000. (b) An applicant for a license under this rule may apply for licensure prior to receiving accreditation, but the Commission will not issue a license until proof of accreditation.is_received. (c) The Commission may make efforts to verify or check on an applicant's accreditation status Page48of79 DRAFT 3.24.2016 during the licensing process, but an applicant bears the burden of taking all steps needed to secure accreditation and present proof of accreditation to the Commission. (d) In addition to the denial criteria in OAR 845-025-1115, the Commission may consider an application incomplete if the applicant does not obtain accreditation from the Authority within six months of applying for a license. The Commission shall give an applicant an opportunity to be heard if an application is declared incomplete under this section, but an applicant is not entitled to a contested case proceeding under ORS chapter 183. An applicant whose application is declared incomplete may reapply at any time. (e) A licensed laboratory must maintain accreditation by the Authority at all times while licensed by the Commission. If a laboratory's accreditation lapses, is canceled or is suspended at any time for any reason while licensed by the Commission, the laboratory may not engage in any activities permitted under the license until accreditation is reinstated. (f) Exercising license privileges while accreditation is suspended or canceled is a Category I violation and could result in license cancellation. (3) Renewal. (a) A laboratory must renew its license annually and pay the required renewal fees in accordance with OAR 845-025-1190. (b) A laboratory renewal application may be denied for any violation of sections 91 to 99, chapter 614, Oregon Laws 2015, sections 3 to 70, chapter 1, Oregon Laws 2015, or these rules. Stat. Auth.: Section 93, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 93, Chapter 614, Oregon Laws 2015 845-025-5045 Laboratory Tracking and Reporting (1) A laboratory licensee is required to utilize CTS for sampling and testing conducted for licensees and follow all requirements established by OAR 845-025-7500 to OAR 845-025-7590. (2) A laboratory licensee conducting testing for licensees is responsible for tracking and entering the following information into CTS: (a) Receipt of samples for testing, including: (A) Size of the sample; (B) Name of licensee from whom the sample was obtained; (C) Date the sample was collected; and (D) UID tag information associated with the harvest or process lot from which the sample was obtained. (b) Tests performed on samples, including: (A) Date testing was performed; (B) What samples were tested for; (C) Name of laboratory responsible for testing; and (D) Results of all testing performed. (c) Disposition of any testing sample material. Stat. Auth.: Section 93, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 93, Chapter 614, Oregon Laws 2015 Page 49 of 79 DRAFT 3.24.2016 845-025-5060 Laboratory Transportation and Waste Disposal (1) A laboratory licensee must follow all rules regarding transportation of marijuana items established in OAR 845-025-7700. (2) A laboratory licensee must follow all rules regarding disposal of samples from marijuana items established in OAR 845-025-7750. Stat. Auth.: Section 93, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 93, Chapter 614, Oregon Laws 2015 845-025-5075 Laboratory Licensee Prohibited Conduct (1) In addition to the prohibitions set forth in OAR 845-025-8520, a laboratory licensee may not: (a) Perform any required marijuana testing using any testing methods or equipment not permitted under the laboratory's accreditation through the Authority; (b) Perform any required marijuana testing for any licensed marijuana producer, processor, wholesaler or retailer in which the laboratory licensee has a financial interest; or (c) Engage in any activity that violates any provision of chapter 1, Oregon Laws 2015, chapter 614, Oregon Laws 2015, OAR 333-007-0300 through OAR 333-007-0490 or OAR 333, Division 64 as applicable or these rules. (2) The Commission may suspend or cancel a laboratory license for any violation of sections 91 to 99, chapter 614, Oregon Laws 2015, or these rules. The licensee has a right to a hearing under the procedures of ORS chapter 183; OAR chapter 137, division 003; and OAR chapter 845, division 003. (2) A violation of this rule is a Category I violation and could result in -license revocation. Stat. Auth.: Section 93, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 93, Chapter 614, Oregon Laws 2015 RESEARCH CERTIFICATE 845-025-5300 Application for Marijuana Research Certificate (1) The Commission shall issue Marijuana Research Certificates to qualifying public and private researchers who present research proposals that demonstrate: (a) The proposed research would benefit the state's cannabis industry, medical research or public health and safety; and (b) The proposed operation and methodology complies with all applicable laws and administrative rules governing marijuana licensees and licensee representatives. (2) The process for applying for, receiving and renewing a certificate shall be the same as the process for applying for, receiving and renewing a marijuana license under OAR 845-025-1030 to 845-025-1115 except that an applicant for a Marijuana Research Certificate is not subject t© the residency requirements in OAR 845-025-1045(2)(b). Page 50 of 79 DRAFT 3.24.2016 (3) In addition to the application requirements in OAR -025-1030 the applicant must also provide: (a) A clear description of the research proposal; (b) A description of the researchers' expertise in the scientific substance and methods of the proposed research; (c) An explanation of the scientific merit of the research plan, including a clear statement of the overall benefit of the applicant's proposed research to Oregon's cannabis industry, medical research, or to public health and safety; (d) Descriptions of key personnel, including clinicians, scientists, or epidemiologists and support personnel who would be involved in the research, demonstrating they are adequately trained to conduct this research; (e) A clear statement of the applicant's access to funding and the estimated cost of the proposed research; (f) A disclosure of any specific conflicts of interest that the researcher or other key personnel have regarding the research proposal; (g) A description of the research methods demonstrating an unbiased approach to the proposed research; and (h) If the applicant intends to research the use of pesticides, an experimental use permit issued by Oregon Department of Agriculture pursuant to OAR 603-057-0160. (4) Research certificates will be granted for up to a three-year term. (5) The Commission may request that the research certificate holder submit information and fingerprints required for a criminal background check at any time within the research certificate term. (6) A certificate holder may, in writing, request that the Commission waive one or more of these rules. The request must include the following information: (a) The specific rule and subsection of a rule that is requested to be waived; (b) The reason for the waiver; (c) A description of an alternative safeguard the licensee can put in place in lieu of the requirement that is the subject of the waiver, or why such a safeguard is not necessary; and (d) An explanation of how and why the alternative safeguard or waiver of the rule protects public health and safety, prevents diversion of marijuana, and provides for accountability. (7) The Commission may, in its discretion, and on a case-by-case basis, grant the waiver in whole or in part if it finds: (a) The reason the certificate holder is requesting the waiver is because another state or local law prohibits compliance; or (b) The certificate holder cannot comply with the particular rule, for reasons beyond the certificate holder's control or compliance with the rule is cost prohibitive; or (c) Because of the nature of the research, the Commissions finds that compliance with a particular rule is not necessary and that even with the waiver public health and safety can be protected, there is no increased opportunity for diversion of marijuana, and the certificate holder remains accountable. (8) The Commission must notify the certificate holder in writing whether the request has been approved. If the request is approved the notice must specifically describe any alternate safeguards that are required and, if the waiver is time limited, must state the time period the waiver is in effect. Page 51 of 79 DRAFT 3.24.2016 (9) The Commission may withdraw approval of the waiver at any time upon a finding that the previously approved waiver is not protecting public health and safety or the research certificate holder has other issues with compliance. If the Commission withdraws its approval of the waiver the certificate holder will be given a reasonable period of time to come into compliance with the requirement that was waived. Stat. Auth.: Section 113, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 113, Chapter 614, Oregon Laws 2015 845-025-5350. Marijuana Research Certificate Privileges; Prohibitions (1) A certificate holder may receive marijuana items from a licensee or a registrant under ORS 475B.400 to 475B.525. (2) A certificate holder may not sell or otherwise transfer marijuana items to any other person except when disposing of waste pursuant to OAR 845-025-7750, or transferring to another certificate holder. (3) A certificate holder may not conduct any human subject research related to marijuana unless the certificate holder has received approval from an institutional review board that has adopted the Common Rule, 45 CFR Part 46. (4) All administrative rules adopted by Commission for the purpose of administering and enforcing chapter 1, Oregon Laws 2015; chapter 614, Oregon Laws 2015; and any rules adopted thereunder with respect to licensees and licensee representatives apply to certificate holders except for those which are inconsistent with this rule. Stat. Auth.: Section 113, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 113, Chapter 614, Oregon Laws 2015 Page 52 of 79 DRAFT 3.24.2016 MARIJUANA HANDLER PERMITS 845-025-5500 Marijuana Handler Permit and Retailer Requirements (1) A marijuana handler permit is required for any individual who performs work for or on behalf of a marijuana retailer if the individual participates in: (a) The possession, securing or selling of marijuana items at the premises for which the license has been issued; (b) The recording of the possession, securing or selling of marijuana items at the premises for which the license has been issued; (c) The verification of any document described in section 16, chapter 1, Oregon Laws 2015; or (d) The direct supervision of a person described in subsections (a) to (c) of this section. (2) An individual who is required by section (1) of this rule to hold a marijuana handler permit must carry that permit on his or her person at all times when performing work on behalf of a marijuana retailer. (3) A person who holds a marijuana handler permit must notify the Commission in writing within 10 days of any conviction for a misdemeanor or felony. (4) A marijuana retailer must verify that an individual has a valid marijuana handler permit issued in accordance with OAR 845-025-5500 to 845-025-5590 before allowing the individual to perform any work at the licensed premises. Stat. Auth.: Sections 19 and 20, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 19 and 20, Chapter 614, Oregon Laws 2015 845-025-5520 Marijuana Handler Applications (1) In order to obtain a marijuana handler permit an individual must submit an application on a form prescribed by the Commission. The application must contain the applicant's: (a) Name; (b) Mailing address; (c) Date of birth; (d) Signature; and (e) Response to conviction history questions. (2) In addition to the application an applicant must submit: (a) A copy of a driver's license or identification card issued by one of the fifty states in the United States of America or a passport. and (3) If an application does not contain all the information requested or if the information and fee required in section (2) of this rule is not provided to the Commission, the application will be returned to the individual as incomplete, along with the fee. (4) If an application is returned as incomplete, the individual may reapply at any time. Stat. Auth.: Sections 19 and 20, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 19 and 20, Chapter 614, Oregon Laws 2015 845-025-5540 Marijuana Handler Permit Denial Criteria Page 53 of 79 DRAFT 3.24.2016 (1)The Commission must deny an initial or renewal application if the applicant: (a) Is not 21 years of age or older; (b) If the applicant has had a marijuana license or handler permit canceled for violation of the provisions contained in ORS 475B.010 to 475B.395 or any ruleadopted under ORS 475B.010 to 475B.395; (c) If the applicant has had a marijuana license or handler permit canceled for violation of the provisions contained in ORS Chapter 475B or any rule of the Commission of this rule within two years of the date the Commission received the application. (d) Has not completed the marijuana handler education course and passed the examination; or (2) The Commission may deny an initial or renewal application, unless the applicant shows good cause to overcome the denial criteria, if the applicant: (a) Has been convicted of a felony for possession, manufacture or delivery of a controlled substance within three years of the date the Commission received the application, except for convictions for the manufacture or delivery of marijuana if the date of the conviction is ithin two years of the date of the application or .renewal; b) Has been convicted of a felony for a crime involving violence within three years of the c the Commission -received- the application; (c) Has been convicted of a felony for a crime of dishonesty or deception, including but not limited to theft, fraud, forgery, within three years of the date the Commission received the application. (d) Has more than one conviction listed in subsections (a) — (d) within 5 years of the date the Commission received the application. (e) Violates any provision of ORS 475B.010 to 475B.395 or any rule adopted under ORS 4758.010 to 475B.395; (f) Makes a false statement to the Commission. (g) Has a poor record. of compliance. (3) If the Commission denies an application under subsections (2)(f) -(g) of this rule, the individual will not be eligible for a permit for two years from the date the Commission received the application. (5) A Notice of Denial must be issued by the Commission in accordance with ORS Chapter 183. Stat. Auth.: Sections 19 and 20, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 19 and 20, Chapter 614, Oregon Laws 2015 845-025-5560 Marijuana Handler Course Education and Examination Requirements (1) An individual must, prior to applying for a marijuana handler permit, complete an approved marijuana handler education course and pass the required examination.. Page 54 of 79 DRAFT 3.24.2016 (2) An individual must score at least 70 percent on the marijuana handler course examination in order to pass. (a) An individual who does not pass the examination may retake the examination up to two times within 90 days of the date the individual took the course. If the individual fails to pass both retake examinations the individual must retake the handier education course. (3) An individual must take a marijuana handler education course at least every five years prior to applying for renewal of a marijuana handler permit. (4) The Commission may require additional education or training for permit holders at any time, with adequate notice to permit holders. Stat. Auth.: Sections 19 and 20, Chapter 614,. Oregon Laws 2015 Stats. Implemented: Sections 19 and 20, Chapter 614, Oregon Laws 2015 845-025-5580 Marijuana Handler Renewal Requirements (1) An individual must renew his or her marijuana handler permit every five years by submitting a renewal application, prescribed by the Commission and the applicable fee specified in OAR 845-025-1060. (2) Renewal applications will be reviewed in accordance with OAR 845-025-5520 and 845-025- 5540. Stat. Auth.: Sections 19 and 20, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 19 and 20, Chapter 614, Oregon Laws 2015 845-025-5590 Suspension or Revocation (1) The Commission may suspend or cancel the permit of any marijuana handler if the handler: (a) Has been convicted of a felony, except for a felony, described in section 20, chapter 614, Oregon Laws 2015(4)(a); (b) Has violated a provision of sections 3 to 70, chapter 1, Oregon Laws 2015, or these rules; (c) Makes a material false statement to the Commission; or, (d) For any reason that the Commission may deny a permit application under OAR 845-025-5540. (2) If an individual's permit is canceled under sections (1)(b) or (c) of this rule the individual may not reapply within two years from the date a final order of revocation is issued. (3) A notice of suspension or revocation must be issued by the Commission in accordance with ORS 183. Stat. Auth.: Sections 19 and 20, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 19 and 20, Chapter 614, Oregon Laws 2015 TESTING 845-025-5700 Licensee Testing Requirements Page 55 of 79 DRAFT 3.24.2016 (1) Licensees are required to test marijuana items in accordance with OAR 333-007-0300 to 333- 007-0490. (2) A licensee may not sell or transfer a marijuana item: (a) That is required to be tested before being sold or transferred unless the required testing has been performed by a licensed laboratory; or (b) That is from a batch that has failed a test and the batch has not been retested in accordance with OAR 333-007-0460 and subsequently passed the required testing. (3) A violation is this rule is a Category I violation. Stat. Auth.: Sections 91 and 92, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 91 and 92, Chapter 614, Oregon Laws 2015 845-025-5720 Labeling, Storage, and Security of Pre -Tested Marijuana Items (1) Following samples being taken from a harvest or process lot a licensee must: (a) Label the harvest or process lot with the following information: (A) The laboratory doing the samples; (B) The test batch samples numbers, once known; (C) The date the samples were taken; (D) The harvest or process lot number; (E) The licensee's license number; and (F) In bold, capital letters, no smaller than 12 point font, "PRODUCT NOT TESTED". (b) Store and secure the harvest or process lot in a manner that prevents the product from being tampered with or sold prior to test results being reported. (2) A harvest or process lot may be stored in more than one receptacle as long as the labeling requirements are met. (3) If the samples pass testing the product may be sold in accordance with the applicable Commission rules. (4) If the samples do not pass testing the licensee must comply with OAR 845-025-5740. Stat. Auth.: Section 91 and 92, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 91 and 92, Chapter 614, Oregon Laws 2015 845-025-5740 Failed Test Samples (1) If a sample fails any initial test the licensee may have samples retested in accordance with OAR 333-007-0460. (2) Failed microbiological contaminant testing. (a) If a sample from a batch of usable marijuana fails microbiological contaminant testing the batch may be used to make a cannabinoid concentrate or extract if the processing method effectively sterilizes the batch such as a method using a hydrocarbon -based solvent or a CO2 closed loop system. Page 56 of 79 DRAFT 3.24.2016 (b) If a sample from a batch of a cannabinoid concentrate or extract fails microbiological contaminant testing the batch may be further processed if the processing method effectively sterilizes the batch such as a method using a hydrocarbon -based solvent or a CO2 closed loop system. (c) A batch that is sterilized in accordance with subsection (a) or (b) of this section must be resampled and retested in accordance with OAR 333-007-0460 and must be tested, if not otherwise required for that product, for microbiological contaminants, solvents and pesticides. (3) Failed solvent testing. (a) If a sample from a batch fails solvent testing the batch may be re -processed using procedures that would reduce the concentration of solvents to less than the action level. (b) A batch that is re -processed in accordance with subsection (a) of this section must be resampled and retested in accordance with OAR 333-007-0460 and must be tested, if not otherwise required for that product, for microbiological contaminants, solvents and pesticides. (4) Failed water activity testing. (a) If a sample from a batch of usable marijuana fails for water activity, the batch from which the sample was taken may continue to dry or cure. (b) A batch that undergoes additional drying or curing as described in subsection (a) of this section must be resampled and retested in accordance with OAR 333-007-0460. (5) Failed pesticide testing. If a sample from a batch fails pesticide testing the batch must be destroyed, in accordance with OAR 845-025-7750, or re -tested in accordance with OAR 333-007-0460. (6) If a sample fails a retest required under sections (2), (3) and (5) of this rule for microbiological contaminants, solvents or pesticides a licensee must destroy or dispose of the batch. (7) A regulatory specialist must witness the destruction or disposal of a batch if destruction or disposal is required by this rule. (8) A licensee must inform a laboratory prior to samples being taken that the batch is being resampled and retested after an initial failed test. (9) A licensee must, as applicable: (a) Have detailed procedures for sterilization processes to remove microbiological contaminants and for reducing the concentration of solvents or pesticides; and (b) Document,. in CTS, all resampling, retesting, sterilization, re -processing, remediation and destruction or disposal. Stat. Auth.: Sections 91 and 92, Chapter 644, Oregon Laws 2015 Stats. Implemented: Sections 91 and 92, Chapter 614, Oregon Laws 2015 845-025-5760 Audit Testing or Compliance Testing (1) The Commission may require a licensee to have samples from a harvest or process lot submitted to a laboratory for testing in order to determine whether the licensee is in compliance with OAR 333-007-0300 to 333-007-0490 and these rules, at the licensee's expense. (2) Audit testing must comply with OAR 333-007-0300 to 333-007-0490 and any applicable Oregon Environmental Laboratory Accreditation Program rules. Page 57 of 79 DRAFT 3.24.2016 (3) The Commission may initiate an investigation of a licensee upon receipt of a tentatively identified compounds report from a laboratory, reported in accordance with OAR 333-064-0100 and may require the licensee to submit samples for additional testing, including testing for analytes that are not required by OAR 333-007-0300 to 333-007-0490, at the licensee's expense. Stat. Auth.: Sections 91 and 92, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 91 and 92, Chapter 614, Oregon Laws 2015 PACKAGING AND LABELING 845-025-7000 Definitions For the purposes of OAR 845-025-7000 to 845-025-7060: (1) "Attractive to minors" means packaging, labeling and marketing that features: (a) Cartoons; (b) A design, brand or name that resembles a non -cannabis consumer product of the type that is typically marketed to minors; (c) Features symbols or celebrities that are commonly used to market products to minors. (2) "Cannabinoid" means any of the chemical compounds that are the active constituents of iiJiaiij uwiu. (3) "Cannabinoid concentrate or extract" means a substance obtained by separating cannabinoids from marijuana by a mechanical, chemical or other process. (4) "Cannabinoid edible" means food or potable liquid into which a cannabinoid concentrate or extract or the dried leaves or flowers of marijuana have been incorporated. (5)(a) "Cannabinoid product" means,a cannabinoid edible or any other product intended for human consumption or use, including a product intended to be applied to a person's skin or hair, that contains cannabinoids or the dried leaves or flowers of marijuana. (b) "Cannabinoid product" does not include: (A) Usable marijuana by itself; (B) A cannabinoid concentrate or extract by itself; or (C) Industrial hemp, as defined in ORS 571.300. (6) "Cartoon" means any drawing or other depiction of an object, person, animal, creature or any similar caricature that satisfies, any of the following criteria: (a) The use of comically exaggerated features; (b) The attribution of human characteristics to animals, plants or other objects, or the similar use of anthropomorphic technique; or (c) The attribution ofunnatural or extra -human abilities, such as imperviousness to pain or injury, X-ray vision, tunneling at very high speeds or transformation. (7) "Child resistant" means the package has been certified by a qualified third party child -resistant package testing firm to ensure that it is designed or constructed to be significantly difficult for children under five years of age to open and not difficult for adults to use properly. (8) "Consumer": (a) Has the meaning given that term in section 1, chapter 614, Oregon Laws 2015; or Page 58 of 79 DRAFT 3.24.2016 (b) Means a patient or designated primary caregiver receiving a transfer from a medical marijuana dispensary. (9) "Container" means a sealed, hard or soft -bodied receptacle in which a marijuana item is placed prior to being sold to a consumer. (10) "Exit Package" means a sealed container provided at the retail point of sale in which any marijuana items already within a container are placed. (11) "Licensee" has the meaning given that term in OAR 845-025-1015. (12) Marijuana. (a) "Marijuana" means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae. (b) "Marijuana" does not include industrial hemp, as defined in ORS 571.300. (13) "Marijuana item" means marijuana, usable marijuana, a cannabinoid product or a cannabinoid concentrate or extract. (14) "Processing" means the compounding or conversion of marijuana into cannabinoid products or cannabinoid concentrates or extracts. (15) "Producing" means: (a) Planting, cultivating, growing, trimming or harvesting marijuana; or (b) Drying marijuana leaves and flowers. (16) "Registrant" means a person registered with the Authority under ORS 475B.420, 475B.435, or ORS 475B.450. (17) Usable Marijuana. (a) "Usable marijuana" means the dried leaves and flowers of marijuana. (b) "Usable marijuana" does not include: (A) The seeds, stalks and roots of marijuana; or (B) Waste material that is a by-product of producing or processing marijuana. CStat. Auth.: Section 103, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 100 and 103, Chapter 614, Oregon Laws 2015 845-025-7020 Packaging for Sale to Consumer (1) The p e o his rule is to set the minimum standards for the packaging of marijuana items that are sold to the csnsumer, applicable to: (a) A licensee; or (b) On and after October 1, 2016, a registrant who is not exempt from the labeling requirements. 4 2) Containers or packaging for marijuana items must protect a marijuana item from contamination and must not impart any toxic or deleterious substance to the marijuana item. (3) Marijuana items for ultimate sale to a consumer must: (a) Be packaged in a container that is child -resistant; (b) (b) If the marijuana item is a marijuana product, extract or concentrate that contains more than a single serving, be packaged in a container or be placed in an exit package that is capable of being resealed and made child resistant again after it has been opened. (c) Not be packaged or labeled in a manner that is attractive to minors; and �-- (d) Be labeled in accordance with OAR 333-007-0010 to 333-007-0100. c2 (4) Packaging may not contain any text that makes an untruthful or misleading statement. Page 59 of 79 DRAFT 3.24.2016 (5) Nothing in this rule: (a) Prevents the re -use of packaging that is capable of continuing to be child -resistant, as permitted by rules established by the Commission or the Authority; or (b) Prohibits the Commission or the Authority from imposing additional packaging requirements in their respective rules governing licensees and registrants. Stat. Auth.: Section 103, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 12, 14, 15, 16 and 103, Chapter 614, Oregon Laws 2015 845-025-7030 Labeling for Sale to Consumer In addition to requirements of OAR 333-007-0010 to 333-007-0 00 all marijuana items sold at retail must be labeled with a Universal Product Code. 845-025-7040 Wholesaler and Retailer Packaging and Labeling Compliance Requirements (1) If a wholesaler or a retailer receives a marijuana item that is not packaged or labeled in accordance with OAR 845-025-7000 to 845-025-7060 or OAR 333-007-0010 to 333-007-0100, --the-wholesaler-or-retailer-must-notify-the-C6iiu1-JJ-Uli and return the ivarijuana item to the licensee who transferred the wholesaler or retailer the marijuana item. The wholesaler or retailer must document the return and the reason for the return in the tracking system. (2) Sale of a marijuana item that is not packaged and labeled in accordance with OAR 845-025- 7000 to 845-025-7060 and OAR 333-007-0010 to 333-007-0100 is a category III violation. Stat. Auth.: Section 103, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 15, 16 and 103, Chapter 614, Oregon Laws 2015 845-025-7060 Packaging and Labeling Pre -approval Process \ (1) Prior to a marijuana item being sold to a consumer, a licensee, applicant or a registrant, if pre -approval is required by the Authority, packaging marijuana items for ultimate sale to a consumer must submit a prototype of the packaging complete with labels affixed to the package for pre -approval by the Commission. The initial submission may be made electronically; however, the licensee, applicant or registrant must submit a physical prototype upon request. License applicants who have completed an application may also submit packages and labels for pre -approval. Final determination for packages and labels will not be made until the applicant has been issued a license. Subject to the exceptions in sections (6) to (8) of this rule, the packaging and labels must be accompanied by the following: (a) A fee as specified in OAR 845-025-1060; and (b) Information including but not limited to (A) Verification that the package has been certified for child resistance as defined b- - - - - - ------- y 16 CFR 1700.20 (1995) by a qualified third party child -resistant package testing firms. (B)a picture of and description of the item to be placed in the package. Page 60 of 79 DRAFT 3.24.2016 (2) The Commission will evaluate the packaging and label in order to determine whether: (a) The packaging: (A) Is child resistant; (B) Is marketed in a manner attractive to minors; (C) Contains untruthful or misleading content; (D) If the packaging is for a cannabinoid edible or other cannabinoid products, is attractive to minors; (E) Will contain a marijuana item that is not compliant with ORS 475B, OAR 845- 333 -XXX to XXX, or these rules. (b) The label complies with the Authority's labeling rules, OAR 333-007-0010 to 333-007-0100. (3) The Commission must review the packaging and, labeling and notify the licensee or registrant whether the packaging and labeling is approved, and if not approved, a description of the packaging or labeling deficiencies. (4) If a licensee or registrant's label is deficient it must correct the deficiencies and resubmit the label for pre -approval, but the licensee or registrant is not required to submit an additional fee unless the label is found deficient for a second time in which case the licensee must resubmit the packaging or labeling in accordance with subsection (1) of this rule. (5) If a licensee, or registrant's original packaging is deficient because it is not child resistant, the licensee, applicant or registrant may: (a) Correct the deficiencies and resubmit the packaging for pre -approval. The licensee or registrant is not required to submit an additional fee unless the packaging is found deficient for a second time in which case the licensee may resubmit the packaging or labeling in accordance with subsection (1) of this rule; or (b) The licensee or registrant may indicate that they wish to satisfy the requirement for child resistance by using an approved exit package. (6)If a licensee or registrant's packaging is deficient for reasons other than child resistance it must correct the deficiencies and resubmit the packaging for pre -approval, but the licensee, applicant or registrant is not required to submit an additional fee unless the packaging is found deficient for a second time in which case the licensee must resubmit the packaging or labeling in accordance with subsection (1) of this rule. (7) If the label affixed to the package is not compliant with OAR 333-007-0010 to 333-007-0100 the package will not be_approved. (8) A licensee, applicant or registrant may submit packaging and labeling for approval on the same application for a product that may have different flavors or colors if the product and packaging is otherwise identical. Applications for approval of packaging and labeling under this section is subject to a single application fee. (9) Packages and labels that have been previously approved do not need to be resubmitted if the only changes to the packaging or label are: (a) Changes in the: (A) Harvest or processing date; (B) Strain; (C) Test results; (D) Net weight or volume; or (E) Harvest or process lot numbers. (b) The deletion of any non -mandatory label information. (c) The addition, deletion or change in the: Page 61 of 79 DRAFT 3.24.2016 (A) UPC barcodes or 2D mobile barcodes (QR codes); or (B) Website address, phone number, fax number, or zip code of the licensee or registrant. (d) The repositioning of any label information on the package, as long as the repositioning of label information is consistent with OAR 333-007-0010 to 333-007-0100. (10) The Commission must publish a list of previously -approved commercially available packaging. Packaging identified on this list as approved for certain.product types does not need to be submitted for approval if used for the type of product for which it is approved and the packaging does not contain any graphics, pictures or logos. (11) The Commission may publish a list of products whose package and label have been approved, but require an approved exit package in order to meet the child resistance requirement. (12) Labels for marijuana items do not require pre -approval if they contain only the information required by OAR 333-007-0010 to 333-007-0100 and have no graphics, pictures or logos. (13) Notwithstanding any provisions of this rule, the Commission may permit or require electronic submission of labels and packaging for approval. Stat. Auth.: Sections 102 and 104, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 102 and 104, Chapter 614, Oregon Laws 2015 SEED -TO -SALE TRACKING 845-025-7500 CTS Requirements (1) A licensee must: (a) Use CTS as the primary inventory and recording keeping system. (b) Have a CTS account activated and fiinctional prior to operating or exercising any privileges of the license and must maintain an active account while licensed. (2) A licensee must have at least one license holder who is a CTS administrator and a licensee may authorize additional license holders or licensee representatives to obtain Administrator accounts. (3) In order to obtain a CTS administrator account, a license holder must attend and successfully complete all required CTS training. The Commission may also require additional ongoing, continuing education for an individual to retain his or her CTS administrator account. (4) A licensee may designate licensee representatives as CTS users. A designated user must be trained by a CTS administrator in the proper and lawful use of CTS. (5) A licensee must: (a) Maintain an accurate and complete list of all CTS administrators and CTS users for each licensed premises and must update the list when a new CTS user is trained. (b) Train and authorize any new CTS users before those users are permitted to access CTS or input, modify, or delete any information in CTS. (c) Cancel any CTS administrator or user from an associated CTS account if that individual is no longer a licensee representative or the administrator or user has violated OAR 845-025-7500 to 845-025-7590. (d) Correct any data that is entered into CTS in error. Page 62 of 79 DRAFT 3.24.2016 (6) A licensee is accountable for all actions licensee representatives take while logged into CTS or otherwise conducting inventory tracking activities. (7) Nothing in this rule prohibits a licensee from using secondary separate software applications to collect information to be used by the business including secondary inventory tracking or point of sale systems. Secondary software applications must use CTS data as the primary source of data and must be compatible with updating to CTS. If a licensee uses a separate software application it must get approval from the vendor contracting with the Commission to provide CTS and the software application must: (a) Accurately transfer all relevant CTS data to and from CTS for the purposes of reconciliations with any secondary systems. (b) Preserve original CTS data when transferred to and from a secondary application. (8) If at any point a licensee loses access to CTS for any reason, the licensee must keep and maintain comprehensive records detailing all tracking inventory activities that were conducted during the loss of access. (a) Once access is restored, all inventory tracking activities that occurred during the loss of access must be entered into CTS. (b) A licensee must document when access to the system was lost and when it was restored. (c) A licensee may not transport any marijuana items to another licensed premises until such time as access is restored and all information is recorded into CTS. Stat. Auth.: Sections 2, 12, 14, 15, 16 and 93 Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 23, Chapter 614, Oregon Laws 2015 845-025-7520 Unique Identification (UID) Tags A licensee must: (1) Use UID tags issued by a Commission -approved vendor that is authorized to provide UID tags for CTS. Each licensee is responsible for the cost of all UID tags and any associated vendor fees. (2) Have an adequate supply of UID tags at all times. (3) Properly tag all inventory with a UID tag pursuant to the system requirements of CTS. (4) Place tags in a position that can be clearly read by an individual standing next to the item and the tag must be kept free from dirt and debris. (5) Only identical items may be packaged and tagged together if the package will be transferred to another licensee. Stat. Auth.: Sections 2, 12, 14, 15, 16 and 93 Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 23, Chapter 614, Oregon Laws 2015 845-025-7540 CTS User Requirements (1) A licensee and any designated CTS administrator or user shall enter data into CTS that fully and transparently accounts for all inventory tracking activities. (2) A licensee is responsible for the accuracy of all information entered into CTS. Page 63 of 79 DRAFT 3.24.2016 (3) An individual entering data into the CTS system may only use that individual's CTS account. Each CTS administrator and CTS user must have a unique log -on and password, which may not be used by any other person. (4) A violation of this rule is a Category III violation. Intentional misrepresentation of data entered into the CTS system is a Category I violation. Stat. Auth.: Sections 2, 12, 14, 15, 16 and 93 Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 23, Chapter 614, Oregon Laws 2015 845-025-7560 System Notifications A licensee must: (1) Monitor all compliance notifications from CTS and resolve the issues detailed in the compliance notification in a timely fashion. A licensee may not dismiss a compliance notification in CTS until the licensee resolves the compliance issues detailed in the notification. (2) Take appropriate action in response to informational notifications received through CTS, including but not limited to notifications related to UID billing, enforcement alerts, and other pertinent information. Stat. Auth.: Sections 2, 12, 14, 15, 16 and 93 Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 23, Chapter 614, Oregon Laws 2015 845-025-7580 Reconciliation with Inventory (1) All licensees must: (a) Use CTS for all inventory tracking activities at a licensed premises; (b) Reconcile all on -premises and in -transit marijuana item inventories each day. in CTS at the close of business; and (c) Record all required information usable marijuana, concentrates and extracts by weight. (2) Required information for marijuana products may be recorded by unit count; however, the licensee must specify a weight per unit. (3) In addition to the requirements of (1) retailers must record the price and amount of each item sold to consumers and the date and time of each transaction in CTS at the close of every business day. Stat. Auth.: Sections 2, 12, 14, 15, and 16, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 23, Chapter 614, Oregon Laws 2015 845-025-7590 Inventory Audits The Commission may..perforrn_ a.physical -audit -of-the inventory of any licensee at the agency's discretion and with reasonable notice to the licensee. Variances between the physical audit and Page 64 of 79 DRAFT 3.24.2016 the inventory reflected in CTS at the time of the audit, which cannot be attributed to normal moisture variation in usable marijuana, are violations. The Commission may impose a civil penalty, suspend or cancel a licensee for violation of this section. Stat. Auth.: Sections 2, 12, 14, 15, and 16, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 6, Chapter 614, Oregon Laws 2015 TRANSPORTATION AND DELIVERY 845-025-7700 Transportation and Delivery of Marijuana Items (1) Marijuana items may only be transferred between licensed premises by a licensee or licensee representative. (2) An individual authorized to transport marijuana items must have a valid Oregon Driver's License. (3) A licensee must: (a) Use a vehicle for transport that is: (A) Insured at or above the legal requirements in Oregon; (B) Capable of securing (locking) the marijuana items during transportation; and (C) Capable of being temperature controlled if perishable marijuana items are being transported. (b) Using CTS, generate a printed transport manifest that accompanies every transport of marijuana items that contains the following information: (A) The name, contact information of a licensee representative, licensed premises address and license number of the licensee transporting the marijuana items; (B) The name, contact information of the licensee representative, licensed premises address, and license number of the licensee receiving the delivery; (C) Product name and quantities (by weight or unit) of each marijuana item contained in each transport, along with the UIDs for every item; (D) The date of transport and approximate time of departure; (E) Arrival date and estimated time of arrival; (F) Delivery vehicle make and model and license plate number; and (G) Name and signature of the licensee's representative accompanying the transport. (4) A licensee or licensee representative may transport marijuana items from an originating location to multiple licensed premises as long as each transport manifest correctly reflects specific inventory in transit. Each recipient licensed premises must immediately record the transaction in CTS and provide the transporting licensee with a printed receipt for marijuana items delivered. Any marijuana items transported in this manner must be either transferred a licensed premises or returned to the originating premises within 12 hours of leaving the originating premises. (5) All marijuana items must be packaged in shipping containers and labeled in accordance with OAR 845-025-2880 prior to transport. (6) A licensee must provide a copy of the transport manifest to each licensed premises receiving the inventory described in the transport manifest, but in order to maintain transaction confidentiality, may prepare a separate manifest for each receiving licensed premises. Page 65 of 79 DRAFT 3.24.2016 (7) A licensee must provide a copy of the printed transport manifest and any printed receipts for marijuana items delivered to law enforcement officers or other representatives of a government agency if requested to do so while in transit. (8) A licensee must contact the Commission immediately, or as soon as possible under the circumstances, if a vehicle transporting marijuana items is involved in any accident that involves product loss. (9) Upon receipt of inventory a receiving licensee must ensure that the marijuana items received are as described in the transport manifest. (10) A receiving licensee must separately document any differences between the quantity specified in the transport manifest and the quantities received. Such documentation shall be made in CTS and in any relevant business records. (11) A licensee must provide temperature control for perishable marijuana items during transport. (12) Any vehicle transporting marijuana items must travel directly from the shipping licensee to the receiving licensee and must not make any unnecessary stops in between except to other licensed premises receiving inventory. (13) A licensee may transport marijuana for other licensees if the transporting licensee holds a wholesale license. Stat. Auth.: Sections 2, 12, 14, 15, and 16, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 2, 12, 14, 15, and 16, Chapter 614, Oregon Laws 2015 WASTE MANAGEMENT 845-025-7750 Waste Management (1) A licensee must: (a) Store, manage and dispose of solid and liquid wastes generated during marijuana production and processing in accordance with applicable state and local laws and regulations which may include but are not limited to:. (A) Solid waste requirements in ORS 459 and OAR 340 Divisions 93 to 96; (B) Hazardous'waste requirements in ORS 466 and OAR 340, Divisions 100 to 106; and (C) Wastewater requirements in ORS 468B and OAR 340, Divisions 41 to 42, 44 to 45, 53, 55 and 73. (b) Store marijuana waste in a secured waste receptacle in the possession of and under the control of the licensee. (c) Hold all waste for at least three business days prior to disposal. (2) A licensee may give or sell marijuana waste to a producer, processor or wholesale licensee or research certificate holder. Any such transaction must be entered into CTS pursuant to OAR 845- 025-7500. (3) In addition to information required to be entered into CTS pursuant to OAR 845-025-7500, a licensee must maintain accurate and comprehensive records regarding waste material that accounts for, reconciles, and evidences all waste activity related to the disposal of marijuana. Stat. Auth.: Sections 2, 12 and 14, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 12, 14, 15 and 23, Chapter 614, Oregon Laws 2015 Page66of79 DRAFT 3.24.2016 845-025-7770 Waste Documentation ADVERTISING 845-025-8000 Purpose and Application of Rules (1) The Commission serves the interests of the citizens of Oregon by regulating and prohibiting advertising marijuana items in a manner: (a) That is attractive to minors; (b) That promotes excessive use; (c) That promotes activity that is illegal under Oregon law; or (d) That otherwise presents a significant risk to public health and safety. (2) The Commission also serves the interests of Oregonians by allowing advertising for the purpose of informing the public of the availability and characteristics of marijuana. (3) All marijuana advertising by a licensee must conform to these rules. Stat. Auth.: Section 2, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 2, Chapter 614, Oregon Laws 2015 845-025-8020 Definitions As used in OAR 845-025-8000 through 845-025-8080: (1) "Advertising" is publicizing the trade name of a licensee together with words or symbols referring to marijuana or publicizing the brand name of marijuana or a marijuana product. (2) "Handbill" is a flyer, leaflet, or sheet that advertises marijuana. (3) "Radio" means a system for transmitting sound without visual images, and includes broadcast, cable, on -demand, satellite, or internet programming. Radio includes any audio programming downloaded or streamed via the internet. (4) "Television" means a system for transmitting visual images and sound that are reproduced on screens, and includes broadcast, cable, on -demand, satellite,or internet programming. Television includes any video programming downloaded or streamed via the internet. Stat. Auth.: Section 2, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 2, Chapter 614, Oregon Laws 2015 845-025-8040 Advertising Restrictions (1) Marijuana advertising may not: Page 67 of 79 DRAFT 3.24.2016 (a) Contain statements that are deceptive, false, or misleading; (b) Contain any content that can reasonably be considered to target individuals under the age of 21, including but not limited to cartoon characters, toys, or similar images and items typically marketed towards minors; (c) Specifically encourages the transportation of marijuana items across state lines; (d) Assert that marijuana items are safe because they are regulated by the Commission or have been tested by a certified laboratory or otherwise make claims that any government agency endorses or supports marijuana; (e) Make claims that recreational marijuana has curative or therapeutic effects; (f) Display consumption of marijuana items; (g) Contain material that encourages the use of marijuana because of its intoxicating effect; or (h) Contain material that encourages excessive or rapid consumption. (2) A licensee may not make any deceptive, false, or misleading assertions or statements on any informational material, any sign, or any document provided to a consumer. (3) A licensee must include the following statement on all advertising: (a) "Do not operate a vehicle or machinery under the influence of this drug". (b) "For use only by adults twenty-one years of age and older." (c) "Keep out of the reach of children." Stat. Auth.: Section 2, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 2, Chapter 614, Oregon Laws 2015. 845-025-8060 Advertising Media, Coupons, and Promotions (1) The Commission prohibits advertising through handbills that are posted or passed out in public areas such as parking lots and publicly owned property. (2) A licensee may not utilize television, radio, print media or internet advertising unless the licensee has reliable evidence that no more than 30 percent of the audience for the program, publication or internet web site in or on which the advertising is to air or appear is reasonably expected to be under the age of 21. (3) A licensee may not engage in advertising via marketing directed towards location -based devices, including but not limited to cellular phones, unless the marketing is a mobile device application installed on the device by the owner of -the device who is 21 years of age or older and includes a permanent and easy opt -out feature. Stat. Auth.: Section 2, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 2, Chapter 614, Oregon Laws 2015 845-025-8080 Removal of Objectionable and Non -Conforming Advertising (1) A licensee must remove any sign, display, or advertisement if the Commission fmds it violates these rules. (2) The Commission will notify the licensee and specify a reasonable time period for the licensee to remove any sign, display or advertisement that the Commission finds objectionable. Page 68 of 79 DRAFT 3.242016 Stat. Auth.: Section 2, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 2, Chapter 614, Oregon Laws 2015 INVESTIGATION AND ENFORCEMENT 845-025-8500 Responsibility of Licensee, Responsibility for Conduct of Others Each licensee is responsible for violations of any provision of chapter 1, Oregon Laws 2015, chapter 614, Oregon Laws 2014, or chapter 699, Oregon Laws 2015, affecting the licensed privileges, or these rules and for any act or omission of a licensee representative that violates any law, administrative rule, or regulation affecting the licensed privileges. Stat. Auth.: Section 2, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 2, Chapter 614, Oregon Laws 2015 845-025-8520 Prohibited Conduct (1) Sale to a Minor. A licensee or permittee may not sell, deliver, transfer or make available any marijuana item to a person under 21 years of age. (a) Violation of this section for an intentional sale to a minor by a licensee, permittee or license representative is a Category II violation. (b) Violation of this section for other than intentional sales is a Category III violation. (2) Identification. A licensee or license representative must require a person to produce identification as required by Section 24, chapter 614, Oregon Laws 2015 before selling or providing a marijuana item to that person. Violation of this section is a Category IV violation. (3) Access to Premises. A licensee or permittee may not: (a) During regular business hours for the licensed premises, refuse to admit or fail to promptly admit a Commission regulatory specialist who identifies him or herself and who enters or wants to enter a licensed premises to conduct an inspection to ensure compliance with chapter 1, Oregon Laws 2015; chapter 614, Oregon Laws 2014; chapter 699, Oregon Laws 2015 affecting the licensed privileges; or these rules; (b) Outside of regular business hours or when the premises appear closed, refuse to admit or fail to promptly admit a Commission regulatory specialist who identifies him or herself and requests entry on the basis that there is a reason to believe a violation of chapter 1, Oregon Laws 2015; chapter 614, Oregon Laws 2014; chapter 699, Oregon Laws 2015 affecting the licensed privileges; or these rules is occurring; or (c) Once a regulatory specialist is on the licensed premises, ask the regulatory specialist to leave until the specialist has had an opportunity to conduct an inspection to ensure compliance with chapter 1, Oregon Laws 2015; chapter 614, Oregon Laws 2014; chapter 699, Oregon Laws 2015 affecting the licensed privileges; or these rules. (d) Violation of this section is a Category II violation. (4) Use or Consumption of Intoxicants on Duty and Under the Influence on Duty. (a) No licensee, licensee representative, or permittee may consume any intoxicating substances while on duty, except for employees as permitted under OAR 845-025-1230(5)(b). Violation of this subsection is a Category III violation. Page 69 of 79 DRAFT 3.24.2016 (b) No licensee, licensee representative, or permittee may be under the influence of intoxicating substances while on duty. Violation of this subsection is a Category II violation. (c) Whether a person is paid or scheduled for a work shift is not determinative of whether the person is considered "on duty." (d) As used in this section: (A) "On duty" means: (i) From the beginning to the end of a work shift for the licensed business, including any and all coffee, rest or meal breaks; or (ii) Performing any acts on behalf of the licensee or the licensed business outside of a work shift if the individual has the authority to put himself or herself on duty. (B) "Intoxicants" means any substance that is known to have or does have intoxicating effects, and includes alcohol, marijuana, or any other controlled substances. (5) Permitting Use of Marijuana at Licensed Premises. A licensee or permittee may not permit the use or consumption of marijuana, or any other intoxicating substance, anywhere in or on the licensed premises, or in surrounding areas under the control of the licensee, except for employees as permitted under OAR 845-025-1230(5)(b). Violation of this section is a Category III violation. (6) Import and Export. A licensee or permittee may not import marijuana items into this state or export marijuana items out of this state. Violation of this section is a Category I violation and could result in license or permit revocation. (7) Permitting, Disorderly or Unlawful Conduct. A licensee or permittee may not permit disorderly activity or activity that is unlawful under Oregon state law on the licensed premises or in areas adjacent to or outside the licensed premises under the control of the licensee. (a) If the prohibited activity under this section results in death or serious physical injury, or involves unlawful use or attempted use of a deadly weapon against another person, or results in a sexual offense which is a Class A felony such as first degree rape, sodomy, or unlawful sexual penetration, the violation is a Category I violation and could result in license or permit revocation. (b) If the prohibited activity under this section involves use of a dangerous weapon against another person with intent to cause death or serious physical injury, it is a Category II violation. (c) As used in this section: (A) "Disorderly activities" means activities that harass, threaten or physically harm oneself or another person. (B) "Unlawful activity" means activities that violate the laws of this state, including but not limited to any activity that violates a state criminal statute. (d) The Commission does not require a conviction to establish a violation of this section except as section 13(1)(f), chapter 614, Oregon Laws 2015 requires. (8) Marijuana as a Prize, Premium or Consideration. No licensee or permittee may give or permit the giving of any marijuana item as a prize, premium, or consideration for any lottery, contest, game of chance or skill, exhibition, or any competition of any kind on the licensed premises. (9) Visibly Intoxicated Persons. No licensee or permittee may sell, give, or otherwise make available any marijuana item to any person who is visibly intoxicated. Violation of this section is a Category III violation. (10) Additional Prohibitions. A licensee or permittee may not: (a) Sell or deliver any marijuana item through a drive -up window. Page 70 of 79 DRAFT 3.24.2016 (b) Sell or offer for sale any marijuana item for a price per item that is less than the licensee's cost for the marijuana item; (c) Use any device or machine that both verifies the age of the consumer and delivers marijuana to the consumer; or (d) Deliver marijuana to a consumer off the licensed premises, except that retail licensees may provide delivery as set forth in OAR 845-025-2880. (e) Violation of this subsection is a Category III violation. Stat. Auth.: Sections 2, 12, 14, 15 and 16, Chapter 614, Oregon Laws 2015 Stats. Implemented: Sections 12, 14, 15, 16, 48, 49 and 50, Chapter 614, Oregon Laws 2015 845-025-8540 Dishonest Conduct (1) False Statements. A licensee or permittee may not: (a) Make a false statement or representation to the Commission or law enforcement in order to induce or prevent action or investigation by the Commission or law enforcement. Violation of this subsection is a Category II violation. (b) If the Commission finds that the false statement or representation was intentional, the Commission may charge the violation as a Category I violation and could result in license or permit revocation. (2) Marijuana Item Misrepresentations. (a) A licensee or permittee may not misrepresent any marijuana item to a consumer, licensee, or the public, including: (A) Misrepresenting the contents of a marijuana item; (B) Misrepresenting the testing results of a marijuana item; (C) Misrepresenting the potency of a marijuana item; or (D) Making representations or claims that the marijuana item has curative or therapeutic effects. (b) A licensee may not treat or otherwise adulterate usable marijuana with any chemical, biologically active drug, plant, substance, including nicotine, or other compound that has the effect or intent of altering the usable marijuana's color, appearance, weight or smell or that has the effect or intent of increasing potency, toxicity or addictiveness. (c) A knowing or intentional violation of this section is a Category I violation and could result in license or permit revocation. (d) Violation of this section in any manner other than knowing or intentional is a Category II violation. (3) Supply of Adulterated Marijuana Items. (a) A licensee may not supply adulterated marijuana items. (b) Violation of this section is a Category I violation and could result in license revocation. (4) Evidence. A licensee or permittee may not: (a) Intentionally destroy, damage, alter, remove or conceal potential evidence, or attempt to do so, or ask or encourage another person to do so. Violation of this subsection is a Category I violation and could result in license cancellation. Page 71 of 79 DRAFT 3.24.2016 (b) Destroy, damage, alter, remove or conceal potential evidence, or attempt to do so, or ask or encourage another person to do so, in any manner other than intentional. Violation of this subsection is a Category II violation. (c) Refuse to give, or fail to promptly give, a Commission regulatory specialist or law enforcement officer evidence when lawfully requested to do so. Violation of this subsection is a Category II violation. Stat. Auth.: Stat. Auth.: Sections 2, 12, 14, 15 and 16, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 51, Chapter 614, Oregon Laws 2015 845-025-8560 Inspections (1) The Commission may conduct: (a) A complaint inspection at any time following the receipt of a complaint that alleges a licensee or permittee is in violation of chapter 1, Oregon Laws 2015, chapter 614, Oregon Laws 2015, chapter 699, Oregon Laws 2015, or these rules; (b) An inspection at any time if it believes, for any reason, that a licensee or permittee is in violation of chapter 1, Oregon Laws 2015; chapter 614, Oregon Laws 2015; chapter 699, Oregon Laws 2015; or these rules; or (c) Compliance transactions in order to determine whether a licensee or permittee is complying wfth chapter 1, Oregon Laws 2015; chapter 614, Oregon Laws 2015; chapter 699, Oregon Laws 2015; or these rules. (2) A licensee, licensee representative, or permittee must cooperate with the Commission during an inspection. (3) If licensee, licensee representative or permittee fails to permit the Commission to conduct an inspection the Commission may seek an investigative subpoena to inspect the premises and gather books, payrolls, accounts, papers, documents or records. Stat. Auth.: Sections 2, 12, 14, 15 and 16, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 30 and 108, Chapter 614, Oregon Laws 2015 845-025-8570 Uniform Standards for Minor Decoy Operations (1) Purpose. ORS 475B prevents anyone who has not reached 21 years of age from obtaining marijuana or marijuana items,. It is the Commission's intention that decoy operations are to be an impartial test of a licensee's or agent's ability and willingness to obey laws on preventing sale marijuana or marijuana items to minors. (2) Uniform standards for minors used in minor decoy operations: (a) The minor must be under 21 years of age; and (b) The minor may not use false identification; and (c) The minor may not lie about their age. (3) Uniform standards for coordination with law enforcement agencies. The Commission will coordinate with law enforcement agencies to ensure, to the greatest extent possible, that: Page 72 of 79 DRAFT 3.24.2016 (a) Law enforcement agencies are informed of the Commission's uniform standards for minor decoy operations; and (b) Law enforcement agencies provide the Commission with copies of their minor decoy policies. (4) In order for the Commission to process violation cases in a timely manner, law enforcement agencies will be encouraged to provide the Commission with the results of their minor decoy operation(s). (5) Licensees or licensee's employee(s) must immediately return identification presented by the minor decoy upon request of law enforcement or an OLCC representative. Stat. Auth: Stats. Implemented: 845-025-8580 Suspended Licenses: Posting of Suspension Notice Sign, Activities Allowed During Suspension (1) Before 7:00 a.m. on the date a license suspension goes into effect, and until the suspension is completed, Commission staff must ensure that a suspension notice sign is posted on each outside entrance or door to the licensed premises. (2) The suspension notice sign must be posted in a way that allows any person entering the premises to read it. Licensees must use the suspension notice sign provided by the Commission. The sign will state that the license has been suspended by order of the Commission due to violations of the recreational marijuana laws (statutes or administrative rule) of Oregon. If there are multiple licenses at the location, the sign will specify which license privileges have been suspended. (3) During the period of license suspension, the licensee is responsible for ensuring: (a) Compliance with all applicable laws and rules; and (b) That the suspension notice sign is not removed, altered, or covered. (4) A licensee or licensee representative may not allow the sale, delivery to or from, or receipt of marijuana items at the licensed premises during the period of time that the license is under suspension. During a period of time that the license is under suspension, a recreational marijuana licensee may operate the business provided there is no sale, delivery to or from, or receipt of a marijuana item. (5) Sanction: (a) A violation of section (4) of this rule is a Category I violation. (b) A violation of sections (2) or (3)(b) of this rule is a Category IV violation. Stat. Auth.: Section 2, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 29 and 108, Chapter 614, Oregon Laws 2015 845-025-8590 Page 73 of 79 DRAFT 3.24.2016 Suspension, Cancellation, Civil Penalties, Sanction Schedule (1) The Commission may suspend or cancel: (a) A license under section 9, chapter 614, Oregon Laws, 2015. (b) A marijuana handlers permit under section 20, chapter 614, Oregon Laws, 2015. (c) A research certificate under section 113, chapter 614, Oregon Laws, 2015. (2) The Commission may impose a civil penalty under section 29, chapter 614, Oregon Laws 2015. Civil penalties will be calculated by multiplying: (a) The number of days in a suspension, if suspension could be or is being imposed, by $165 for licensees or certificate holders; or (b) The number of days in a suspension, if suspension could be or is being imposed, by $25 for permittees. (3) The Commission uses the following violation categories: (a) Category I -- Violations that make licensee ineligible for a license; (b) Category II -- Violations that create a present threat to public health or safety; (c) Category III -- Violations that create a potential threat to public health or safety; (d) Category IV -- Violations that create a climate conducive to abuses associated with the sale or manufacture of marijuana items; (e) Category V -- Violations inconsistent with the orderly regulation of the sale or manufacture of marijuana items. (4) Violation sanctions (a) The Commission may sanction a licensee or permittee in accordance with the guidelines set forth in Exhibit 1. Exhibit 1 also gives the categories for the most common violations. (b) Exhibit 1 lists the proposed sanctions for single or multiple violations that occur within a two year period for each category described in subsection (7) of this rule. The Commission may allege multiple violations in a single notice or may count violations alleged in notices issued within the previous two year period toward the total number of violations. In calculating the total number of violations, the Commission may consider a proposed violation for which the Commission has not yet issued a final order. (c) The proposed sanctions in Exhibit 1 are guidelines. If the Commission finds one or more mitigating or aggravating circumstances, it may assess a lesser or greater sanction, up to and including cancellation. The Commission may decrease or increase a sanction to prevent inequity or to take account of particular circumstances in the case. (d) Mitigating circumstances include, but are not limited to: (A) Making a good faith effort to prevent a violation. (B) Extraordinary cooperation in the violation investigation demonstrating the licensee or permittee accepts responsibility. (e) Aggravating circumstances include, but are not limited to: (A) Receiving a prior warning about one or more compliance problems. (B) Repeated failure to comply with laws. (C) Failure to use age verification equipment purchased as an offset to a previous penalty. (D) Efforts by licensee or permittee to conceal a violation. (E) Intentionally committing a violation. (F) A violation involving more than one patron or employee. (G) A violation_involving a juvenile. (II) A violation resulting in injury or death. Page 74 of 79 DRAFT 3.24.2016 (I) Three or more violations within a two -year -period, regardless of the category, where the number of the proposed or final violations indicate a disregard for the law or failure to control the premises. (5) A licensee may not avoid the sanction for a violation or the application of the provision for successive violations by changing the corporate structure for example, by adding or dropping a partner or converting to another form of legal entity when the individuals who own, operate, or control the business are substantially similar. Stat. Auth.: Section 2, Chapter 614, Oregon Laws 2015 Stats. Implemented: Section 9, 29, 93, 108, Chapter 614, Oregon Laws 2015 Exhibit 1, OAR 845-025-8590 Oregon Liquor Control Commission Recreational Marijuana Sanctions I Cancel II 30 days Cancel 10 days or 30 days or III $1650 $4950 30 days Cancel 7 days or lO days or 20 days or IV $1155 $1650 $3300 30 days Cancel 3 days or 7 days or 10 days or 20 days or V $495 $1155. $1650 $3300 30 days Cancel Categories for Most Common Violations I Conviction of a felony (licensee) 1 Operating other than the license permits 1 Intentional false statement to the Commission Intentional destruction or concealment of evidence Permitted noisy, disorderly or unlawful activity that results in death or serious physical injury, or that involves unlawful use or attempted use of a deadly weapon against another person, or that results in a sexual offense which is a Class A felony, such as first degree rape, sodomy, or unlawful sexual penetration Page 75 of 79 DRAFT 3.24.2016 11 Failure to notify prior to complete change of ownership/allowed interest in licensed business without prior Commission approval Operated licensed business while suspended t,4,4 _,jtv,,-srMvkz,-1'v*WvesfttVcVztv' False statement or representation to Commission(other intentiona Under the influence of intoxicants while on duty Failure to verify the age of a minor (intentional) Failure to promptly admit regulatory specialist or law enforcement into licensed retail premises Destruction or concealment of evidence (other than intentional) Denial of access by law enforcement or regulatory specialist to the licensed premises during regular business hours Permitted noisy, disorderly or unlawful activity that involves use of a dangerous -weapon-against another persorrwithintentto-eause deuth—ar serious physical injury 1 Failure to promptly admit regulatory specialist or law enforcement onto the licensed premises when premises appear closed (for producer, processor, wholesale or lab licensees, and research certificate holders) 1 Failure to permit premises or records inspection srInfot,..*:,f;O:Vi; -1,'afNSAftaiPZt.iMtAilft:Ki7D:iflaitfMftt,C,ZZV::Abilinr, Permitted minor to enter or remain in a prohibited area Conviction of a crime other than a felony (licensee) Permitted sales by an employee without a marijuana handler permit 1 Sold or made recreational marijuana available to a visibly intoxicated person 1 Failure to verify the age of a minor (other than intentional) 1 Consumption of marijuana, alcohol or other intoxicants while on duty Permitted consumption (by employees, customers or the public) of alcohol, marijuana or other intoxicants on the licensed premises or in areas adjacent to the licensed premises under licensee's control (such as parking lots) Failure to keep required records (other than as required in 845-025-7500, seed -to - sale tracking requirements) Permitted disorderly activity Permitted unlawful (under state law) activity Failure to complete manifest before transport Failure to pay taxes to the Department of Revenue Page 76 of 79 DRAFT 3.24.2016 '''erlaIVMy:iaititinVktge,bfgitbgaiaaMadi*itaitaiifia•gfkVktifag Operated the licensed business after lawful hours for sale of marijuana items (retail licensees) IV Removed, altered or covered license suspension or other required notice sign Advertising violations atiofl .20A-ve. Permitted marijuana items to be given as a prize (retail licensees) Failure to notify the Commission of a temporary closure of the licensed business (all licenses and certificates) Page 77 of 79 DRAFT 3.24.2016 845-025-XXXX Prohibited. Interests in the Marijuana Industry (1) Definitions. For this rule: (a) "Business connections" include, but are not limited to, the following behaviors and relationships: (A) Knowingly providing anything of value to a manufacturer or a business licensed by the Commission in return for something of value except for the exchange of commodities or services that are routinely provided to the general public under the same terms; and (B) Partnerships with a manufacturer or licensee and similar ventures formed for the purpose of making a profit. (b) "Employed by the Commission" means any permanent, temporary or limited duration Commission employee. (c) "Financial Interest" means knowingly holding an ownership interest as a sole proprietor, partner, limited partner or stockholder, in any marijuana business. This definition excludes any investment that the investor does not control in nature, amount or timing. (d) "Household member" means all persons living as a family unit in the same dwelling_as the commissioner or Commission employee. (e) "Immediate family" means the spouse, and juvenile dependent children of the commissioner or Commission employee. (f) "Knowledge" and "knowingly" mean that the person had actual knowledge of or reasonably should have known of the fact in question. (j) "Marijuana Business" means any business or individual licensed by the Commission under ORS 475B.070, 475B.090, 475B.100, 475B.110 and 475B.560, any OHA registrant registered under ORS 475B.420, 475B.435 and 475B.450 and any business whose primary activity is to provide services to marijuana licensees or registrants. (k) "Position to take action or make decisions that could affect the marijuana business" means that a commissioner or employee's job duties include the discretion to take actions or make decisions that are reasonably likely to create more than a trivial cost or benefit for a licensed business in money, time or anything else of value (2) Prohibitions. (a) Financial Interests. No commissioner, employee, household member or family member may hold a financial interest in a marijuana business. (b) Employment. No commissioner, employee, household member or family member may be employed by a marijuana business unless the commissioner or employee is not in a position to take action or make decisions that could affect the licensed business. An individual is not in a "position to take action or make decisions that could affect the marijuana business" if the Commission removes the employee from actions and decisions Page 78 of 79 DRAFT 3.24.2016 affecting the business. The Commission will do so where the removal would not unreasonably effect the employee's ability to perform his or her job duties. (c) Business Connections. No commissioner, employee, household member or family member may have a business connection described in this rule unless the commissioner or employee is not in a position to take action or make decisions that could affect the licensed business. (3) Reporting Requirements. (a) A commissioner or employee who has a business connection association with a marijuana business must: (A) Inform the Commission of the association as soon as the commissioner or employee has knowledge of the association, and (B) Refrain from participating in any decision that directly affects the marijuana business. (b) An applicant for a Commission job must disclose all financial interests, current employment relationships and business connections that the applicant, or any person in the applicant's household or immediate family, has with a marijuana business of which the applicant bas knowledge. If the Commission determines that a prohibited financial interest, employment relationship or business connection exists, the applicant must divest the financial interest, employment relationship or business connection before he or she may be hired. (d) A Commission employee must report all financial interests, current employment relationships and business connections that the employee, or any person in the employee's household or immediate family, has with a marijuana business to his or her supervisor as soon as the employee has knowledge of it. If the financial interest, employment relationship or business connection is prohibited, the Commission will set a reasonable time period for divestiture. If divestiture does not occur within the given time period, the Commission will terminate the employee's employment. (4) Disciplinary Action. The Commission will appropriately discipline any employee who: (a) Fails to report a prohibited financial interest, employment relationship or business connection as required under this rule, or (b) Knowingly acquires or establishes a financial interest, employment relationship or business connection prohibited under this rule. Page 79 of 79 3 MEMORANDUM TO: Deschutes Board of County Commissioners FROM: Liz Lotochinski DATE: May 2, 2016 SUBJECT: Recommended Time/Place/Manner Regulations Attached are four copies of my recommended Time/Place/Manner Regulations referred to in my verbal testimony today. Please provide these to: • Commissioner Chair Alan Unger • Commissioner Tammy Baney • Commissioner Tony DeBone • Nick Lelack and Matt Martin A PDF file of this document has also been sent to the above individuals. Recommended Time/Place/Manner Regulations Medical and Recreational Production. Processing, Retail, Wholesale Businesses Mav 2, 2016 Submitted by Liz Lotochinski If the November ballot measure for a permanent moratorium of marijuana businesses does not pass, Deschutes County Commissioners should implement the following rules and regulations without exception and in their entirety: General 1. Medical and Recreational Marijuana Businesses (Production, Processing, Retail, Wholesale): • Require county license (see submitted samples) for all marijuana businesses. • Lottery implemented to select 10 (ten) recreational marijuana business licenses across the four categories (retail, wholesale, processing and production): • three retail stores • five production sites • one extract processing location • one wholesale facility • Provide selected 10 marijuana businesses a six-month window to complete OLCC, County, fire, water, etc. requirements. • Lottery entrants must indicate physical site address for marijuana business. • Licenses awarded in lottery are not transferrable and renew annually. • Require the 10 licensed recreational marijuana businesses to abide by the following regulations to be adopted and codified by the County. • Require Surety Bonds to indemnify County for any loss suffered by business's failure to pay taxes. • Require Performance and/or Abandonment Bonds for the removal and rehabilitation of marijuana production and processing sites to their original state (including, but not limited to, removal of temporary buildings, removal of pesticide residue, clean-up of entire parcel, etc.) in the event the marijuana business fails. • Require unannounced inspections for all medical and recreational marijuana businesses within six months of issuance of Deschutes County License, and then annual unannounced inspections. Recreational Wholesale 2. Wholesale: Office Only • Wholesale operations are office only with no on-site storage of marijuana items or products. 3. Wholesale: Zones • Wholesale operations with no storage are permitted in the following commercial zones: 18.65.020, 18.65.021, 18.66.040, 18.66.050, 18.67.040, 18.74.027, 18.108.050, 18.108.110, and not allow them in 18.67.060, 18.74.020, 18.74.025, 18.100, and 18.108.055. Recreational Retail 4. Retail: Home Occupation • Marijuana retail is prohibited as a home occupation. 5. Retail: Waste • Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the licensee. 6. Retail: Separation • Require a separation of 1,000 feet from "protected spaces," including public and private elementary and secondary schools, licensed child care centers (excluding in-home child care), churches, licensed pre-schools, national monuments and state parks, all approved/licensed youth activity centers; public playgrounds, meeting places available for rent such as The Grange, and Deschutes public libraries. • Require a separation of 1,000 feet between all retail outlets (medical and recreational). Page 1 of 4 3 • Proactive outreach by County to school districts to determine where future -planned schools may be sited and include these locations as "protected spaces." • A change in use (e.g., a new school) shall not cause a violation of this standard. • Measure separation from property line of the school to property line of the marijuana business to avoid encroachment where children are located. 7. Retail: Window Service • No window service at retail outlets. 8. Retail: Minors • Minors: A minimum age to enter the retail establishment of 18 years for medical marijuana and 21 years for recreational marijuana. 9. Retail: Co -Location • Retail outlets shall not be co -located on the same lot of record or within the same building with any marijuana social club or marijuana smoking club. 10. Retail: Zones • Retail is allowed as a conditional use in 18.65.020, 18.65.021, 18.66.040, 18.66.050, 18.67.040, 18.67.060, 18.74.020, 18.74.025, 18.74.027, 18.100, 18.108.050, 18.108.055, and 18.108.110. 11. Retail: Hours • 10:00 a.m. until 5:00 p.m. 12. Retail: Odor • Codify Jackson County's odor control regulations, plus the requirement that filters be changed according to manufacturers' minimum standards, and requesting the BOCC to ensure the CFM of the fan is appropriate to the building. 13. Retail: Grandfathering • No grandfathering shall be permitted for any existing dispensary. 14. Retail: Patio Space • No public outdoor patio space for marijuana -only retailers that would be visible from the public view. Medical and Recreational Production and Processing 15. Production and Processing in EFU: Home Occupation • Production and processing are prohibited as home occupations. 16. Production and Processing in EFU: Odor — Building Definition • For odor, the definition of "building" is, "Any building, including greenhouses, hoop houses, and other similar structures, used for marijuana production or marijuana processing." 17. Production and Processing in EFU: Odor Standards • Buildings for production and processing in EFU shall be equipped with an effective odor control system that prevents unreasonable interference of neighbors' use and enjoyment of their property. • An odor control system is permitted if the applicant submits a report by a mechanical engineer licensed in the State of Oregon demonstrating that the system will control odor. • Private citizen complaints about odor are authorized, as judged by persons of ordinary sensibilities. • The system shall consist of one or more fans. • The fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. • The filter(s) shall be rated for the required CFM. • The system shall be maintained in working order and shall be in use. • These standards shall be applied to existing medical production and processing sites after one year. 18. Production and Processing in EFU: Noise • Marijuana processing and production sites in EFU shall comply with the Noise Control Standards of DCC 8.08 without exception. This standard applies to existing medical marijuana sites, as well as any prospective sites. Page 2 of 4 1 19. Production and Processing in EFU: Lighting • Production and processing sites in EFU shall meet the following lighting standards: • Inside building (as defined in #16) lighting used for marijuana production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. on the following day. • Outdoor marijuana grow lights shall not be illuminated from 7:00 p.m. to 7:00 a.m. the following day. • Light cast by exterior light fixtures other than marijuana grow lights (i.e. security lights) shall not trespass onto adjacent lots. • Lighting fixtures shall be fully shielded in such a manner that all Tight emitted directly by the lamp or a diffusing element, or indirectly by reflection or refraction, is projected below the horizontal plane through the lowest light -emitting part. • These standards shall be applied to existing production and processing sites after one year. 20. Production and Processing in EFU: Separation • Require a separation of 1,000 feet from "protected spaces," including public and private elementary and secondary schools, licensed child care centers (excluding in-home child care), churches, licensed pre-schools, national monuments and state parks, all approved/licensed youth activity centers; public playgrounds, meeting places available for rent such as The Grange, and Deschutes public libraries. • Proactive outreach by County to school districts to determine where future -planned schools may be sited and include these locations as "protected spaces." • A change in use (e.g., a new school) shall not cause a violation of this standard. • Separation is to be measured from the lot line of protected space to lot line of production/ processing site. • Existing lawfully -established medical marijuana processing and production sites are exempt from the separation standard; however, if they apply for a new type of license, the separation rules would apply. 21. Production and Processing in EFU: Production Outside • Prohibit outdoor/no-building (as defined in #16) marijuana production sites, both medical and recreational. 22. Production and Processing in EFU: Access • The subject property shall have frontage on, and direct access from, a constructed public, county, or state road, or take access on an exclusive road or easement serving only the subject property. If property takes access via a private road or easement which also serves other properties, evidence must be provided by the applicant, in the form of a petition, that all other property owners who have access rights to the private road or easement agree to allow the specific marijuana production or marijuana processing described in the application. Such evidence shall include any conditions stipulated in the agreement. 23. Production and Processing in EFU: Lot Size (production) • The minimum lot size for recreational and new medical marijuana production in EFU is 20 acres, growing outside of an enclosed building (as defined in #16) is prohibited, and no production is allowed if adjoining parcels are zoned MUA-10 or RR -10. 24. Production and Processing in EFU: Number of OLCC Licenses Permitted per Lot • Production in EFU is limited to one OLCC license per parcel. 25. Processing in EFU: Setbacks and Minimum Lot Size for Processing Extracts • Extract processing is prohibited in EFU; permitted in County industrial zones only. 26. Production and Processing in EFU: Setbacks (not including processing extracts) • For production and processing operations in EFU, not including extracts, require setbacks of 200 feet from a lot line and 300 feet from any residence (or the proposed location of a dwelling unit under application) not on the same property. • At change of business type from OMMP to OLCC license, require any non -permanent marijuana structure (greenhouse, hoop house, etc.) to be relocated to abide by then -current Deschutes County setback regulations established for marijuana production and processing sites. Page 3 of 4 27. Production and Production in EFU: Separation • For production and processing in EFU: • Require a separation of 1,000 feet from "protected spaces," including public and private elementary and secondary schools, licensed child care centers (excluding in-home child care), churches, licensed pre-schools, national monuments and state parks, all approved/licensed youth activity centers; public playgrounds, meeting places available for rent such as The Grange, and Deschutes public libraries. • A change in use (e.g., a new school) shall not cause a violation of this standard. • Proactive outreach by County to school districts to determine where future -planned schools may be sited and include these locations as "protected spaces." • Separation is to be measured from the lot line of the "protected location" to lot line of the marijuana business. -End- Page 4 of 4 MEMORANDUM T0: FROM: Liz Lotochinski ' ,� ,` V DATE: May 2, 2016 Deschutes Board of County Commissioners • SUBJECT: Sample Marijuana License Applications from Cities, Counties and States During the April 27th BOCC work session, Commissioner Tony DeBone asked for examples of marijuana licenses used in other jurisdictions. Please find the enclosed collection of marijuana license application forms from Boulder and Gunnison Counties (Colorado), City of Denver, Colorado. All of these attachments have been sent as an email to the commissioners with a copy going to Nick Lelack and Matt Martin. Only one copy of each is included. I have requested the license application from Adams County where they instituted the lottery system. When I receive that, I will forward it along with other pertinent materials provided to me by Abel Montoya, Director of Adams County Long Range Strategic Planning. Ili . Boulder County Boulder County Marijuana & Liquor Licensing 2025 14th Street • Boulder, CO 80302 PO Box 471 • Boulder, CO 80306 Phone: 303-441-3829 Email: marijuanalicensing@bouldercounty.org Website: www.bouldercounty.org Intake Stamp Boulder County New Marijuana Business/Establishment License Application Please review the Boulder County Marijuana Licensing Regulations for complete information. The information provided in this application is public record. Type of License: (check all that apply) ❑ Medical Marijuana Center ❑ Medical Marijuana Infused Product Manufacturer ❑ Medical Marijuana Optional Premises Cultivation ❑ Medical Marijuana Testing Facility ❑ Retail Marijuana Store ❑ Retail Marijuana Products Manufacturing Facil ❑ Retail Marijuana Cultivation Facility ❑ Retail Marijuana Testing Facility y Submitting the Application: Follow the steps listed in this application and supply the requested information. Be sure to include: ❑ Medical: Completed Colorado Business Medical Marijuana License Application/DR 8530 — You will need to submit a completed and signed copy of Business License Form/DR 8530 to Boulder County. ❑ Retail: Completed Colorado Business Retail Marijuana License Application/DR 8548 — Apply with the MED, and they will forward your completed State application to Boulder County. D Include with your application well and septic permits, and the Onsite Wastewater Treatment System Certificate of Final Approval for your parcel or include a water/utility bill if you are connected to city water and/or sewer. D Include/attach Sales Tax License. Fees: Make checks payable to the Boulder County Treasurer. Medical: Retail: ❑ Application Fee $2500 ❑ ❑ Annual Operating Fee $4000 0 D Accessory License Operating Fee $250 ❑ Business Information: Legal Name of Business Address of Business City Mail'urg Address Estimated Number of Staff Application Fee (received from state) Annual Operating Fee Accessory License Operating Fee DBA Nem' Slate State Business Email Zip Code Op [ode Total Square footage Property Owner(s) Information: If there are multiple owners, please include this information for all owners. Use additional sheet if necessary. Business Name Phare Number Mailing Address Qty Signature of Property Owner Effective 1/1/16 { Print Name State Email Address Iip Date $2500 $4000 $250 Business Owner(s) Information: If there are multiple owners, please include this information for all owners. Use additional sheet if necessary. Maim {honer Name Phone Number Owner Address Email Address Oh' Stele - Slp Code business Owner Name Owner Address State Phone Number Email Address Sip Code Water & Wastewater Information: Include information detailing the expected source of water, level of water use, and wastewater discharge. This information must include the business as well as the entire parcel. Expected Source of Water Expected Level of Water use (gal/day) Expected Westeweter Discharge (gal/day) If you have • septic system, are you registered with the EPA OW V underground Injection control? Associated Business/Establishment Information: If applicable please provide information for any business or establishment associated to the license that you are applying for. eutneu/Enablishment Name Phone Number ODA Name Physical Address City Email Address Vehicle Trips: The number of vehicle trips per day expected to be generated by the business. If a multi -tenant building, list vehicle trips for all businesses. (When calculating the number of trips generated, keep in mind that one vehicle produces two trips — one when arriving and one when leaving.) Current Use Effective 1/1/16 Vehicle Trips per business per day Occupent/OuiMess/Neme Plans: 1. Site plan: The site plan should include the following plans for the premises and attached drawings should be 8.5x11 or 11x17 inches in size. Use the checklist below as a guide of elements to illustrate on your site plan. Also include a site plan drawing of all buildings on the property of where the premise is located. ❑ North Arrow ❑ Address 0 Name of Project O Standard Scale 0 Size of Property in Acres 0 Dimensions of Property O Use of Land and Structures 0 Preparation Date 2. Floor Plan: Include a floor plan showing how the floor space is or wit be used. This includes the dimensions and use of every room. Please include detail as to what floor area will be devoted to each use. 3. Parking Plan: Include a parking plan for the premises. This includes parking for the entire parcel. 4. Total Floor Area of Building(s): The total floor area of the buildings should be documented. If there is more than one building on the parcel, this includes the floor area of all buildings located on the parcel. 5. Lighting & Signage: The nature and location of any existing/proposed lighting and signage. If proposing signage, please include information for the entire parcel, if proposing lighting please provide information for the building where the business will be only. This may be accomplished with photos or a diagram and must include dimensions and elevations. Information on lighting and signage is available in Articles 7.1600 and 13 of the Land Use Code. 6. Sustainabilitv Report: A Sustainability Report is required for any cultivation businesses or establishments. Details are available in Article 8.5 of the Boulder County Marijuana Licensing Regulations. Please Note: An application to Boulder County does not imply a determination that the requested use is compliance with the Land Use regulations, or with other applicable County and State requirements, including but not limited to marijuana licensing mandates. A separate application and approval is required by the State, and any license issued by the Boulder County Marijuana Licensing Authority is contingent upon the appropriate State licensure. The purpose for this application is to comply with the Boulder County Marijuana Licensing Regulations. It is the applicants' responsibility to research and identify any alcohol or drug treatment facilities, licensed child care facilities and educational facilities (below college grade level) within 1000 feet of any marijuana center or store (measured from property line to property line) where the marijuana business/establishment is seeking to be licensed. Failure to identify any of the above may result in revocation of the license. Certification: I certify that I am signing this application form as an owner of record of the business/establishment included in this application. I certify that the information and exhibits I have submitted as part of this application are true and correct to the best of my knowledge. I certify and understand that this application gives Boulder County the right of entry to inspect the parcel and all buildings on the parcel related to the marijuana business/establishment for compliance. Signature of Marijuana Business/Establishment Owner Print Name Date Signature of Marijuana Business/Establishment Owner Print Name Date Effective 1/1/16 Retail Fees Fees Due to Local License Fees Application Fees Total Due at Application (combined used, 0 0 0 0 an -44- in- iN/l. o 'r to L It x a) at 0 0 0 0 0 'C 111 O O Ll In ct N0 O ct ct in cn M N [t N N {V in V? in V4 in ..7C- !". 4+ H H — a) C Z 0 0 0 0 0 y 0 0 0 0 0 0 0 0 N N \ i M N ▪ N N C X in 1.4 in 14 1.4 0/ u v a — E M C 6. V C ill in d N N N N .0 V? 14 i/? i/? to al O x a) 3E 4444 M cf C 0 0_ 4- .-, :Q C C CD ro Toi Q a a :0 -0 'a ▪ C C la (1) a) 4)1 a w w 4.. • v) Vf 0 CU N M ro lim. tiSai d v al > ut• % IT F? tJ Infused Products Conversion only* 0 0 0 0 0 N N i/? t? 1.4 1.4 0 0 0 0 O 0 O 0 t/1 cr ct N 0 0 0 0 0 0 0 0 0 N N N M N N N in i.4 i/? i/? 0 0 0 0 0 11101 Ul LOOfI 011 -a' N N N in {n 14 1/? V? Infused Products Medical Fees 0 0 0 0 0 0 0 0 0 0 0 0 O N ON Ol r.41.` N M M M in in i/t• in in 0 0 0 O o 0 0 O N ON N aI CV CV 0,1 rn 14 i/? (4 14 0 0 0 0 0 0 000 0 0 0 00 00 0 0 0 O i? i/? i/? in i/? ih in License Renewal Fees Renewal Fees Renewal Fees Total Due at Application o 0 0 0 0 CO CO 00 01.0 tAV}tn II n 11 ii 0 in Lil Lff Ln a) iyj nj N N N in V} to V} V} V} V} + + + + O O M m 0 0 ri N M V} V} V} O 0 0 O O O O O O O O O O N o O O O M (-4 N ✓ } in. tn- VF V▪ ). V} $1,000 per addt'I 3600 plants over 13,800 + $10800 0 0 Ln Ln N N V} V} 0 0 o 0 0 0 0 m m • Ln IA to M 1� rl N N N V} VF V} in. in- V} O O 00 eV cs1 00000Q N M 1-: 71 N N N V} V} v V} in. V} V} V} 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M M m m m CO M M M i ✓ } N VL V} V} in V} N 4- v, +' 0 ++ C i' ▪ 4.,C 10 Y C C /0 Q C co co 0. 0 E CL CL 0 O 000 d 0 0 N U3 0 0 a - m i •C M c ci A a -i o 0 0 0 N CO QO m 1 00 0 00 N M ct Lnm-i YL L L — a) 0) 0) 0) + F R R H Ln ++ Y Y4_ 0) c c c c 3 7 : 3 i:::0) N 4.' C 0• 0L)• 0:3 Li fp C C C C U C fl m m m m ,4 OD 0 a - a a a( c m 0 a a -a rs a : `' e-1 '6 '8 '6 tl)'a -p U O. C C C c -a 4- O. a) 0) 0) N c Q : X X X X C +• T' <0 W W W W X (00 — c c c c c y G O O O O O C ra Q) 7-1 4' C 0 4' .0cU N c >3 u 00 a) ac cc a) > (0 > (0 > =m co - - vi 0 0 • 0 0 CJ O a t 0 0 0 0 0 0 0 0 0 0 0 0 M M M M M m V} t/} i/} in• V} V} N y C U >• 0.1 3 4-' C ▪ ▪ f0 O u ro 4-0 0) L3. C M. U- 7-3 m ._ 'a 00 :: Q 0 0) C ao E > y o ,. 4- y o0 in O , E ~ en .-i ri 0 CO 10 ,r -i Om In H 10C @ <-1N M E `,... Lo `°n. . n >A›.-22 '- c u 0 0) 0) a) o •' 4- =a '0"- c c c 4, y 0) t? 0 0 0 0 2 2 One Year License Two Year License Two Year License One Year License 0 0 O O M m0 4 tl}V}V} to 0) 0) v J v a) 0. d to c • C2 a) 0 ? N Y }. Y co is a 13 O O 0 a) u (00 • 10 (5 O 0. Ct. - O 0 .(71 u 0) a o o cc One Year License Two Year License Two Year License One Year License m (I 00m �in in in CI) v 0 d 0) 0 CL C W 00. Oa > c (n 0 Yca (6 co -o o O u 0 m (6 0 O. 0•- 0 7 7 (a y 0 0 y+ N u u y a 0 0 CC o(„otri � 4 1 Associated Key/Owner d C 0) u a) a) 0 0 Li) 00. t0 a. a>) 0 IC 03 0. C C 0 0 u (.1 (O CO 0 O. 0. _- 7 7 3 (p 0 u 0 0 CC Administrative Service Fees 0 Ln 0 0 0. 4 0 0 0 `U•( oN v ` ^+nines 0 00 0 O O 00 m V) VI - 0 411 VI - a c 0 t +7, in CC 0)to C H 3 a) 0 c a) N c c tj 4L) 0 0 7 3 3:.. ` v_ 2 Q c C 0 IV o v) N Y Q z V vi 3 2, _ y EEE Z o°)c 0) m E N u (La 6 (Lo 0 E E C :-.1 da b0 oA _Q , i 0 (n .(0^ a) a) 0 0 0 a) a u c a` 0. 0.. t' ' E �+ y J 0 L L L a`) a`) LZ o a ,) �s o 0 0 0 0 ;_, @ L a) a c c t 3 3 O. 0 m u YO = 7 a) a) a) 0 0 0" o 0 co 4- u>>> U I. -( a) a) a) a) 0 0 4- - .� -4.7. Lw w -0 .0 CU 0 L L 0 0 0 (6 E Y Y H Uf (/f 00 00 0= m ° 0 0 0 0 C C C C C tri in=0 _L CI- 'a 'a O. O. O. m 03 s$ t o 7 7 a) 0 N f- F 0 U u 5 0 0 n cc cc m Tier 5+ cheat sheet- Renewal RMC Fee due in addition to base amount + $300 renewal fee Tier 5 = 13800 plants Tier 5 + 1 set of 3600 = 17400 plants Tier 5 + 2 sets of 3600 = 21000 plants Tier 5 + 3 sets of 3600 = 24600 plants Tier 5 +4 sets of 3600 = 28200 plants Tier 5 + 5 sets of 3600 = 31800 plants Tier 5 + 6 sets of 3600 = 35400 plants Tier 5 + 7 sets of 3600 = 39000 plants Tier 5 + 8 sets of 3600 = 42600 plants Tier 5 + 9 sets of 3600 = 46200 plants Tier 5 + 10 sets of 3600 = 49800 plants Tier 5 + 11 sets of 3600 = 53400 plants Tier 5 + 12 sets of 3600 = 57000 plants Tier 5 + 13 sets of 3600 = 60600 plants Tier 5 + 14 sets of 3600 = 64200 plants $10,800 base amount $1,300 Includes the $300 renewal fee $2,300 Includes the $300 renewal fee $3,300 Includes the $300 renewal fee $4,300 Includes the $300 renewal fee $5,300 Includes the $300 renewal fee $6,300 Includes the $300 renewal fee $7,300 Includes the $300 renewal fee $8,300 Includes the $300 renewal fee $9,300 Includes the $300 renewal fee $10,300 Includes the $300 renewal fee $11,300 Includes the $300 renewal fee $12,300 Includes the $300 renewal fee $13,300 Includes the $300 renewal fee $14,300 Includes the $300 renewal fee COLORADO Department of Revenue Enforcement Division - Marijuana Medical Marijuana Business License Application Marijuana Enforcement Division DR 8530 (04/15/16) DR 8530 (04/08/16) Colorado Marijuana Enforcement Division Medical Marijuana Business License Application Instructions APPLICATION CHECKLIST L i 2 Application Fully Completed Type or clearly print an answer to every question. If a question does not apply to you, indicate so with an N/A. If you are unsure if a question applies to you or what information the form is asking you to provide, contact any Marijuana Enforcement Division office to seek clarification. If the available space is insufficient, continue on a separate sheet and precede each answer with the appropriate title. All Forms Signed & Attached The following accompanying forms must be signed and returned with the application: ❑ Affirmation & Consent ❑ Investigation Authorization/Authorization to Release Information ❑ Applicant's Request to Release Information (leave To: blank) ❑ Applicable documents must be notarized prior to submission to the MED U 3 All Requested Information Attached The following information requested on the application must be attached, if applicable: ❑ Copy of Local License or application ❑ Copy of Sales Tax License ❑ Documentation showing legal possession of the premise to be licensed ❑ Diagram of premise to be licensed (described on page 2, just above question 6) including security drawing ❑ Certificate of Good Standing from the Colorado Secretary of State's Office ❑ Copy of Articles of Incorporation, including amendments for corporations ❑ Articles of Organization, including amendments and operating agreement for LLC ❑ Trade Name Registration ❑ Partnership Agreement, or operating/shareholder agreements ❑ If corp., annual and bi-annual reports and meeting minutes from past 12 months ❑ Copies of notes, security instruments, etc., (detailed on page 2, just below question 6, and page 4, question 10) ❑ Explanation detailing the funding sources used to finance the applicant business ❑ List of financial institution accounts as detailed on page 4, question 8 ❑ All applicable information requested on page 4 NOTE: The Marijuana Enforcement Division reserves the right to request additional information and documentation throughout the course of the background investigation and must be provided within 7 calendar days of notification. Applications For Associated Keys Attached Submit the following: Associated Key License Form (DR 8520) for any person holding an ownership interest, and/or officers and directors, regardless of ownership interest, if any. Application and License Fees AH applications and documentation submitted must be single -sided and on 8.5x11 inch paper. See fee table on website: www.colorado.gov/revenue/med Application fees remitted to the State Licensing Authority and/or the Department of Revenue are non- refundable. Only license fees may be refunded. Make check or money order payable to: Colorado Department of Revenue (DOR). Checks will only be accepted in the name of the applicant, owner(s) or business entity which has an ownership interest in the applicant or licensee. NO Transfers/Changes of Ownership will be accepted until after the license is issued. Bring in Application Submit appointment request to dor_med_appointments@state.co.us and you will be contacted to set up a time. At the designated date and time, bring in application and all attachments to: Marijuana Enforcement Division 455 Sherman Street, Suite 390 Denver, CO 80203 NOTE: Incomplete applications WILL NOT be processed. H 4 L 5 6 DR 8530 (04/15/16) COLORADO DEPARTMENT OF REVENUE MARIJUANA ENFORCEMENT DIVISION 455 Sherman Street, Suite 390 Denver, CO 80203 Colorado Marijuana Licensing Authority Business License Application License Types & Fees (Check only ONE application type. See Application Checklist for details on license types and fees.) ❑ Medical Marijuana Center (Type 1; up to 300 patients) ❑ Medical Marijuana Center (Type 2; 301 to 500 patients) ❑ Medical Marijuana Center (Type 3; 501 or more patients) ❑ Medical Marijuana—Infused Products Manufacturer Applicant's Legal Business Name (Please Print) Trade Name (DBA) (Provide Trade Name Registration) ❑ Affiliated Business ❑ Medical Marijuana Testing Facility Fill out a separate Appendix A form (DR 8544) for each optional premise cultivation license you are applying for. Marijuana License Number (Assigned by Division) Website Address Physical Address Street Address of Medical Marijuana Business (Use Appendix A for Optional Premises Cultivation Information) City County State ZIP Mailing Address (if different from Physical Address) Address City Email Address Business Phone Number ( } State ZIP On a separate sheet, list all principal places of business for the past 10 years if different from above. Primary Contact Person for Business Title Primary Contact Phone Number ( ) Primary Contact Address (city, state ZIP) Primary Contact Email ( } Federal Taxpayer ID Colorado Sales Tax License # ( Entity ID number shown on Secretary of State Registration Type of Business Structure ❑ Sole Proprietorship ❑ C Corporation ❑ Partnership ❑ S Corporation State of Incorporation or Creation of Business Entity Limited Partnership ❑ Publicly Traded Corporation ❑ Limited Liability Company ❑ Trust ❑ Other Date Date of Qualification to Conduct Business in Colorado (Provide Certificate of Good Standing from the Colorado Secretary of State's Office) If a Corporation, List all States Where the Corporation is Authorized to Conduct Business List all Trade Names used by the Business Entity (other than above) Attach certified copies of all articles of incorporation, bylaws, articles of organization, or a true copy of any partnership or trust agreement, including any and all amendments to such. If a corporation, attach copies of all annual and bi-annual reports, SEC filings, if any, and all minutes from all corporate meetings for the past 12 months. Page 1 of 9 1. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability Yes No company; or officers, stockholders or directors if a corporation) or manager under the age of twenty-one years? ❑ ❑ 2. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation) or manager ever (in Colorado or any other state); (a) been denied a privileged license (ie: Liquor, Gaming, Racing and Marijuana)? ❑ LI (b) had a privileged license (ie: Liquor, Gaming, Racing and Marijuana) suspended or revoked? ❑ ❑ (c) had interest in another entity that had a privileged (le: Liquor, Gaming, Racing and Marijuana) license denied, suspended or revoked? ❑ ❑ If you answered yes to 2a, b or c, explain in detail on a separate sheet. 3. Are the premises to be licensed within 1000 feet of a school (as defined in 12-43.3 104 (15) C.R.S.), alcohol or drug treatment facility, principal campus of a college, university, or seminary, or a residential childcare facility? If YES, then include a copy of a waiver or ordinance from the local jurisdiction where the business is located. ❑ ❑ 4. Has a Marijuana license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation)? If YES, identify the name of the business and list any current or former financial interest in said business including any loans to or from a licensee. ❑ ❑ 5. Does the applicant have legal possession of the premises by virtue of ownership, lease or other arrangement? Attach all documentation showing legal possession. Deed, Title, sale or lease agreements etc. ❑ Ownership ❑ Lease ❑ Other (Explain in Detail) (a) If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: Landlord (Tenant Expires 6. Attach a diagram of the premises to be licensed and outline or designate the area (including dimensions) which shows the limited access areas, walls, partitions, entrances, exits and what each room shall be utilized for in this business, including security equipment locations. This diagram should be no larger than 8 1/2" X 11". (It does not have to be to scale) 7. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies, trusts), will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money or profits from this business. Attach a separate sheet if necessary. Name Date of Birth FEIN OR SSN Interest 8. Attach copies of all notes and security instruments, and any written agreement, or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. Local Licensing Authority (To be completed by Applicant) Local Licensing Authority 'Address Local Licensing Authority contact name Contact Phone Contact Email Date of Application With Local Authority Date of Approval Date of Expiration 9. Has the Applicant filed for an Optiional Premise Cultivation License? What City or County? (Fill out Appendix A completely) Marijuana OPC License Number (Assigned by the Division) Printed Legal Business Name Printed Trade Name (DBA) Yes No ❑ ❑ Page 2of9 1 Ownership Structure List all persons and/or entities with any ownership interest, and all officers and directors, whether they have ownership interest or not. If an entity (corporation, partnership, LLC, etc.) has interest, list all persons associated with such entity, their ownership in the entity, and their effective ownership in the license. List all parent, holding or other intermediary business interest. An Associated Key License Application form must be submitted for all persons in a privately held company or a publicly traded corporation, and all officers and directors. Name Title SSN/FEIN DOB App submitted? El Yes El No (Address Business Associated with (Parent business or sub -entity) Name Address 1Business Associated with (Parent business or sub -entity) Name Address Business Associated with (Parent business or sub -entity) Name Address Business Associated with (Parent business or sub -entity) Name Address Business Associated with (Parent business or sub -entity) Name Address Business Associated with (Parent business or sub -entity) Name Address Business Associated with (Parent business or sub -entity) City Title City Title City Title City Title City Title City Title City State ZIP Own. % Business Associated with SSN/FEIN State ZIP Own. % Business Associated with 1SSN/FEIN State ZIP Own. % Business Associated with SSN/FEIN State ZIP Own. % Business Associated with SSN/FEIN State ZIP Own. % Business Associated with SSN/FEIN State ZIP Own. % Business Associated with SSN/FEIN State ZIP Own. % Business Associated with Phone Number { ) Effective Own. % in Applicant DOB Phone Number ( ) App submitted? ❑ Yes ❑ No Effective Own. % in Applicant DOB (App submitted? ❑ Yes ❑ No Phone Number ( ) Effective Own. % in Applicant DOB Phone Number ( ) DOB App submitted? ❑Yes 0 N Effective Own. % in Applicant Phone Number ( ) DOB App submitted? ❑ Yes ❑ No Effective Own. % in Applicant Phone Number ( ) DOB App submitted? ❑ Yes ❑ No Effective Own. % in Applicant Phone Number ( ) App submitted? El Yes No Effective Own. % in Applicant Are there any outstanding options and warrants? ❑ Yes ❑ No if YES, attach list of persons with outstanding options and warrants Are there any other persons, other than those listed in the Ownership Structure, including but not limited to suppliers, lenders and landlords, who will receive, directly or indirectly, any compensation or rents based upon a percentage or share of gross proceeds or income of the Marijuana business? ❑ Yes Cl No *If YES, attach list of persons and submit Associate Key License Application forms for each person Page 3 of 9 Printed Legal Business Name Printed Trade Name (DBA) 1. Has the applicant, the applicant's parent company or any other intermediary business entity ever ❑ Yes ❑ No applied for a Marijuana license in this or any other jurisdiction, foreign or domestic, whether or not the license was ever issued? If YES, provide details on a separate sheet, including jurisdiction, type of license, license number, and dates license held or applied for. 2. Has the applicant, the applicant's parent company or any other intermediary business entity ever ❑ Yes ❑ No been denied a Marijuana license, withdrawn a Marijuana license or had any disciplinary action taken against any Marijuana license that they have held in this or any other jurisdiction, foreign or domestic? If YES, provide details on a separate sheet, including jurisdiction, type of action, and date of action. Financial History 1. Is the applicant, the applicant's parent company or any other intermediary business entity ❑ Yes ❑ No delinquent in the payment of any judgments, taxes, interest or penalties due to the Department of Revenue, relating to a Medical or Retail Marijuana Business? If YES, provide details on a separate sheet and attach any documents to prove settlement or resolution of the delinquency. 2. Is the applicant, the applicant's parent company or any other intermediary business entity currently ❑ Yes ❑ No a party to, or has it ever been a party to, in any capacity, any business trust instrument? If YES, provide details on a separate sheet. 3. Has a complaint, judgment, consent decree, settlement or other disposition related to a violation ❑ Yes ❑ No of federal, state or similar foreign antitrust, trade or security law or regulation ever been filed or entered against the applicant, the applicant's parent company or any other intermediary business entity? If YES, provide details on a separate sheet and attach any documents to prove the settlement of any of these issues. Include any items currently under formal dispute or legal appeal. 4. Has the applicant, the applicant's parent company or any other intermediary business entity been a ❑ Yes ❑ No party to a lawsuit in the past 5 years, either as a plaintiff or defendant, complainant or respondent, or in any other fashion, in this or any other country? If YES, provide details on a separate sheet and attach any documents to prove the settlement of any of these issues. Include any items currently under formal dispute or legal appeal. 5. Has the applicant, the applicant's parent company or any other intermediary business entity filed a ❑ Yes ❑ No business tax return in the past two years? 6. Has the applicant, the applicant's parent company or any other intermediary business entity ❑Yes ❑ No completed financial statements, either audited or unaudited, in the past two years? If YES, attach all financial statements completed in the past two years. 7. Has any interest or share in the profits of the sale of Marijuana been pledged or hypothecated as security for a debt or deposited as a security for the performance of an act or to secure the performance of a contract? If YES, provide details on a separate sheet. 8. Attach a list detailing the operating and investment accounts for this business, including financial institution name, address, telephone number, and account number for each account. 9. Attach a list detailing each outstanding loan and financial obligation obtained for use in this business, including creditor name, address, phone number, loan number, loan amount, loan terms, date acquired, and date due. Person who maintains Applicant's business records ' Title ❑ Yes ❑ No Address Phone Number Person who prepares Applicant's tax returns, government forms & reports Title Address Phone Number Location of financial books and records for Applicant's business Page 4 of 9 Affirmation & Consent , as an authorized agent for the applicant, state under penalty for offering a false instrument for recording pursuant to 18-5-114 C.R.S. that the entire Medical Marijuana Business License Application, Appendix A, statements, attachments, and supporting schedules are true and correct to the best of my knowledge and belief, and that this statement is executed with the knowledge that misrepresentation or failure to reveal information requested may be deemed sufficient cause for the refusal to issue a Medical Marijuana license by the State Licensing Authority. Further, I am aware that later discovery of an omission or misrepresentation made in the above statements may be grounds for the denial of a temporary Medical Marijuana application or the revocation of the license. I am voluntarily submitting this application to the Colorado Marijuana Licensing Authority under oath with full knowledge that I may be charged with perjury or other crimes for intentional omissions and misrepresentations pursuant to Colorado law or for offering a false instrument for recording pursuant to 18-5- 114 C.R.S. I further consent to any background investigation necessary to determine my present and continuing suitability and that this consent continues as long as I hold a Colorado Medical Marijuana License, and for 90 days following the expiration or surrender of such Medical Marijuana license. Note: If your check is rejected due to insufficient or uncollected funds, the Department of Revenue may collect the payment amount directly from your banking account electronically. Print Full Legal Name clearly below: Applicant's Legal Business Name Trade Name (DBA) Last Name of Owner/Principal (Please Print) First Name of Owner/Principal (Please Print) Signature State of , County of Subscribed and sworn to (or affirmed) before me this day of , 20 _, in , by (State) (Applicant's Pnnted Name) Signature of Notary Public Printed Name of Notary Public My Commission Expires Signature of Marijuana Enforcement Division agent presenting this request (City) Middle Name of Owner/Principal (Please Print) Date Notary Seal Date Page 5 of 9 Investigation Authorization Authorization to Release Information as an authorized agent for the applicant, hereby authorize the Colorado Marijuana Licensing Authority, the Marijuana Enforcement Division, (hereafter, the Investigatory Agencies) to conduct a complete investigation into the background of the person(s) and/or entity, using whatever legal means they deem appropriate. I hereby authorize any person or entity contacted by the Investigatory Agencies to provide any and all such information deemed necessary by the Investigatory Agencies. I hereby waive any rights of confidentiality in this regard. I understand that by signing this authorization, a financial record check may be performed. I authorize any financial institution to surrender to the Investigatory Agencies a complete and accurate record of such transactions that may have occurred with that institution, including, but not limited to, internal banking memoranda, past and present loan applications, financial statements and any other documents relating to my personal or business financial records in whatever form and wherever located. I understand that by signing this authorization, a financial record check of my tax filing and tax obligation status may be performed. I authorize the Colorado Department of Revenue to surrender to the Investigatory Agencies a complete and accurate record of any and all tax information or records relating to me. I authorize the Investigatory Agencies to obtain, receive, review, copy, discuss and use any such tax information or documents relating to me. I authorize the release of this type of information, even though such information may be designated as "confidential" or "nonpublic" under the provisions of state or federal laws. I understand that by signing this authorization, a criminal history check will be performed. I authorize the Investigatory Agencies to obtain and use from any source, any information concerning me contained in any type of criminal history record files, wherever located. I understand that the criminal history record files contain records of arrests which may have resulted in a disposition other than a finding of guilt (i.e., dismissed charges, or charges that resulted in a not guilty finding). I understand that the information may contain listings of charges that resulted in suspended imposition of sentence, even though I successfully completed the conditions of said sentence and was discharged pursuant to law. I authorize the release of this type of information, even though this record may be designated as "confidential" or "nonpublic" under the provisions of state or federal laws. The Investigatory Agencies reserve the right to investigate all relevant information and facts to their satisfaction. I understand that the Investigatory Agencies may conduct a complete and comprehensive investigation to determine the accuracy of all information gathered. However, the State of Colorado, Investigatory Agencies, and other agents or employees of the State of Colorado shall not be held liable for the receipt, use, or dissemination of inaccurate information. I, on behalf of the applicant, its legal representatives, and assigns, hereby release, waive, discharge, and agree to hold harmless, and otherwise waive liability as to the State of Colorado, Investigatory Agencies, and other agents or employees of the State of Colorado for any damages resulting from any use, disclosure, or publication in any manner, other than a willfully unlawful disclosure or publication, of any material or information acquired during inquiries, investigations, or hearings, and hereby authorize the lawful use, disclosure, or publication of this material or information. Any information contained within my application, contained within any financial or personnel record, or otherwise found, obtained, or maintained by the Investigatory Agencies, shall be accessible to law enforcement agents of this or any other state, the government of the United States, or any foreign country. Print Full Legal Name of Owner/Principal clearly below: Applicants Legal Business Name Trade Name (DBA) Last Name of Owner/Principal (Please Print) Signature State of before me this First Name of Owner/Principal County of Subscribed and sworn to (or affirmed) day of , 20 (City) by (State) (Applicant's Printed Name) Signature of Notary Public Printed Name of Notary Public My Commission Expires Signature of Marijuana Enforcement Division agent presenting this request Middle Name of Owner/Principal Date Notary Seal Date Page 6 of 9 TO: Applicant's Request to Release Information (All signatures must be notarized) FROM: (Applicant's Printed Name) 1. I/We hereby authorize and request all persons to whom this request is presented having information relating to or concerning the above named applicant to furnish such information to a duly appointed agent of the Marijuana Enforcement Division whether or not such information would otherwise be protected from the disclosure by any constitutional, statutory or common law privilege. 2. I/We hereby authorize and request all persons to whom this request is presented having documents relating to or concerning the above named applicant to permit a duly appointed agent of the Marijuana Enforcement Division to review and copy any such documents, whether or not such documents would otherwise be protected from disclosure by any constitutional, statutory, or common law privilege. 3. I/We hereby authorize and request the Colorado Department of Revenue to permit a duly appointed agent of the Marijuana Enforcement Division to obtain, receive, review, copy, discuss and use any such tax information or documents relating to or concerning the above named applicant, whether or not such information or documents would otherwise be protected from disclosure by any constitutional, statutory, or common law privilege. 4. If the person to whom this request is presented is a brokerage firm, bank, savings and loan, or other financial institution or an officer of the same, I/we hereby authorize and request that a duly appointed agent of the Marijuana Enforcement Division be permitted to review and obtain copies of any and all documents, records or correspondence pertaining to me/us, including but not limited to past loan information, notes co-signed by me/ us, checking account records, savings deposit records, safe deposit box records, passbook records, and general ledger folio sheets. 5. I/We do hereby make, constitute, and appoint any duly appointed agent of the Colorado Marijuana Enforcement Division, my/our true and lawful attorney in fact for me/us in my/our name, place, stead, and on my/our behalf and for my/our use and benefit: (a) To request, review, copy sign for, or otherwise act for investigative purposes with respect to documents and information in the possession of the person to whom this request is presented as I/we might; (b) To name the person or entity to whom this request is presented and insert that person's name in the appropriate location in this request: (c) To place the name of the agent presenting this request in the appropriate location on this request. 6. I grant to said attorney in fact full power and authority to do, take, and perform all and every act and thing whatsoever requisite, proper, or necessary to be done, in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as I/we might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that said attorney in fact, or his substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted. 7. This power of attorney ends twenty-four (24) months from the date of execution. 8. The above named applicant has filed with the Colorado Marijuana Licensing Authority an application for a Marijuana license. Said applicant understands that it is seeking the granting of a privilege and acknowledges that the burden of proving its qualifications for a favorable determination is at all times on the applicant. Said applicant accepts any risk of adverse public notice, embarrassment, criticism, or other action of financial loss, which may result from action with respect to this application. 9. I/We do, for myself/ourselves, my/our heirs, executors, administrators, successors, and assigns, hereby release, remise, and forever discharge the person to whom this request is presented, and his agents and employees from all and all manner or actions, causes of action, suits, debts, judgments, executions, claims, and demands whatsoever, known or unknown, in law or equity, which the applicant ever had, now has, may have, or claims to have against the person to whom this request is being presented or his agents or employees arising out of or by reason of complying with the request. 10. INVe agree to indemnify and hold harmless the person to whom this request is presented and his agents and employees from and against all claims, damages, losses, and expenses, including reasonable attorneys' fees arising out of or by reason of complying with this request. 11. A reproduction of this request by photocopying or similar process shall be for all intents and purposes as valid as the original. Continued on next page 'Applicant's Initials Page 7 of 9 Applicant's Request to Release Information (All signatures must be notarized) Signature State of , County of Subscribed and swom to (or affirmed) before me this day of , 20 _, in (City) , by (Stale) (Applicanf Printed Name) Signature of Notary Public Printed Name of Notary Public My Commission Expires Spouse's Last Name (Please Print) Spouse's Signature State of before me this Spouse's First Name , County of Subscribed and sworn to (or affirmed) day of , 20 in (City) (State) Signature of Notary Public by (Applicant Printed Name) Printed Name of Notary Public My Commission Expires Signature of Marijuana Enforcement Division agent presenting this request Notary Seal Full Middle Name Notary Seal Date Continued from previous page Page 8 of 9 DR 8544 (11120)15) COLORADO DEPARTMENT OF REVENUE MARIJUANA ENFORCEMENT DIVISION 455 Sherman Street, Suite 390 Denver CO 80203 Appendix A Colorado Marijuana Licensing Authority Optional Premises Cultivation License Business Applicant must fill out an Appendix A for EACH Cultivation it is applying for. Please see website for fee table. Applicant's Legal Business Name (Please Print) Trade Name (DBA) (Provide Trade Name Registration) Physical Address Street Address of Optional Premises Cultivation City County State ZIP Mailing Address (if different from Physical Address) Address City Marijuana License Number (Assigned by Division) Website Address Email Address Business Phone Number ( ) State ZIP On a separate sheet, list all principal places of business for the past 5 years if different from above. Primary Contact Person for Business Title Primary Contact Phone Number ( ) Primary Contact Address (city, state ZIP) Primary Contact Email Federal Taxpayer ID Colorado Sales Tax License # Entity ID Number shown on Secretary of State Registration Does the applicant have legal possession of the premises by virtue of ownership, lease or other arrangement? ❑ Ownership ❑ Lease ❑ Other (Explain in Detail) (a) If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: Landlord Tenant Expires Attach a diagram of the premises to be licensed and outline or designate the area (including dimensions) which shows the limited access areas, walls, partitions, entrances, exits and what each room shall be utilized for in this business, including security equipment locations. This diagram should be no larger than 8 1/2" X 11". (Doesn't have to be to scale) Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies, trusts), will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money or profits from this business. Attach a separate sheet if necessary. Name Date of Birth FEIN or SSN Interest Attach copies of all notes and security instruments, and any written agreement, or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. Local Licensing Authority (To be completed by Applicant) Local Licensing Authority Address Local Licensing Authority contact name Date of Application With Local Authority Contact Phone Contact Email Date of Approval Date of Expiration Page 9 of 9 COLORADO Department of Revenue Enforcement Division - Marijuana Colorado Associated Key Marijuana License Application NMarijuana Enforcement Division DR 8520 (09/10/14) Colorado Marijuana Enforcement Division Associated Key Application Instructions APPLICATION CHECKLIST n1 F12 3 License Types Associated Kev:. Any stockholder holding an interest in a marijuana licensee, or any officer or director, who also acts as a Key executive, employee or agent while physically working in a licensed establishment, Optional Premises or Infused Products Manufacturer location. Application Completed & Signed Type or clearly print an answer to every question. If a question does not apply to you, indicate so with an N/A. If you are unsure if a question applies to you or what information the form is asking you to provide, contact any Marijuana Enforcement Division office to seek clarification. If the available space is insufficient, continue on a separate sheet and precede each answer with the appropriate title. Sign and date the application. Notice: You are required by state law to provide your social security number. If you do not have a social security number, you must complete a sworn statement stating you do not have a social security number. Bring in Application You must call to make an appointment and bring in application and all attachments to: Marijuana Enforcement Division 455 Sherman Street, Suite 390 Denver, CO 80203 4 Application Fees See fee table on website: www.colorado.gov/revenue/med DR 8520 (09/08/14) COLORADO DEPARTMENT OF REVENUE Marijuana Enforcement Division Marijuana License Number (Leave Blank) Associated Key License Application Form (Applicant's Last Name (Please Print) First Name (Please Print) Maiden/Married Names Used (Full Name) Nicknames, Ailases, Etc. Used (Full Name) (Attach separate sheet if necessary) (Attach separate sheet if necessary) Sex �M LIF Place of Birth: City Race Physical Appearance b U.S. Citizen Yes E No Height CO Resident 111 Yes ❑ No Physical Address Address Length of time at this Address: Year(s) Month(s) Date of Birth State Weight Date of Residency City Home Phone Number ( ) Social SecurityNumber Country Hair Color Eye Color Full Middle Name Other Social Security Numbers Used Yes (If yes attach details) No Drivers License Number and State+ if "No", include details here: (Attach separate sheet if necessary) Mailing Address (if different from Physical Address) Address City County CeII Phone Number ( ) Scars/Tattoos if yes explain on Yes ❑ No a separate sheet Alien Registration Number State Email Address State ZIP ZIP List all addresses where you have lived during the last 10 years, not including present address, (attach separate sheet if necessary) Street and Number City/State/ZIP From To Name of licensed Marijuana business associated with Work Phone Number Job Title ( ) Name of present employer, if different from above Work Phone Number ( ) Do you currently possess a Colorado Marijuana license or are you an associated person in any other type of Colorado Marijuana license? if "Yes", indicate license type and number here: Have you ever applied before for a Marijuana license in this or any other jurisdiction, domestic or foreign, whether or not the license was ever issued? (Not including a medical marijuana patient card) 'If "Yes", explain here: Have you ever been denied a Marijuana license, withdrawn a Marijuana license application or had any disciplinary action taken against any Marijuana license that you have held, either individually or as part of an ownership group, in this or any other jurisdiction? *If "Yes", explain here: Applicants Signature Date Occupation or Job Title Yes ENo El Yes E No Yes Li No Page 1 of 13 (Applicants Last Name (Please Print) First Name (Please Print) Full Middle Name NOTICE: The Associated Key License Application Form is an official document. If you provide false information on your Marijuana license application and/or do not disclose all information the application asks, your license is subject to denial or revocation, and you may be subject to criminal prosecution. The Marijuana Enforcement Division will conduct a complete background investigation and will check all sources of information. If you need clarification of any of the following questions, please contact the Investigations Section at any Marijuana Enforcement Division office. 1. 2. 3. Have you ever been convicted of a felony at anytime regarding the possession, distribution, or use of a controlled substance? Have you served a sentence, including probation or parole, within the past 5 years upon conviction for any felony, even if the conviction occurred more than 5 years ago? Have you failed to remedy an outstanding delinquency for taxes owed, an outstanding delinquency for judgements owed to a government agency, or an outstanding delinquency for child support? 4. Are you a licensed Physician making patient recommendations? 5, Have you had your authority to act as a primary caregiver revoked by the State Health Agency? 6 Are you under 21 years of age at the time of this application? 7. Are you the spouse or child living in the household of any person employed by the Colorado Marijuana Enforcement Division? 8. Are you an officer, reserve police officer, agent, or employee of any law enforcement agency of the State of Colorado? Yes ❑ No Yes ❑ No ❑ Yes No Yes ❑No LlYes E No Li Yes fl No LlYes E1 No LlYes No If you answered YES to any of the above questions, by Colorado law you cannot obtain or hold a Colorado Marijuana license. I have thoroughly read and understand the questions above, and understand that I cannot hold a Colorado Marijuana license if at any time in the future I can ever answer "Yes" to any of the questions above. Applicant's Signature Date Page 2 of 13 Applicant's Last Name (Please Print) Education High School Name Major Dates Attended From CollegeNo-Tech Name (Submit diploma copy) Major Dates Attended From Other College/School Name (Submit diploma copy) Major Dates Attended From Other College/School Name (Submit diploma copy) Major Dates Attended From First Name (Please Print) Location To Location To Location To Location ITo Graduate 0Yes 0 N Graduate 0 Yes 0 No Graduate ❑ Yes 0 No Graduate 0 Yes f No Full Middle Name Degree Earned Degree Earned Degree Earned Degree Earned Criminal History 1. Have you, after turning 18 years of age, ever been arrested, served a criminal summons, charged with, or convicted of ANY crime regarding the possession, distribution, or use of a controlled substance?. 2. In the last 10 years have you ever been arrested, served with a criminal summons, charged with, or convicted of ANY crime or offense in any manner in this or any other country? • You must include ALL arrests, charges, and convictions in the last 10 years but not prior to the age of 18 regardless of the outcome, even if the charges were dismissed or you were found not guilty. • You must include ALL arrests, charges, and convictions regardless of the class of crime (felonies, misdemeanors, and/or petty offenses). • You must include ALL serious traffic offenses, including DUI: DWAI; reckless driving; Leaving the scene of an accident (hit and run); driving under denial, suspension or revocation; or any other offense which resulted in your being taken into custody. • NOTICE: Do not rely upon your understanding that an arrest or charge is "not supposed to be on your record." A criminal record was not cleared, erased, sealed or expunged unless you were given, and have in your possession, a written order from a judge directing that action. If yes, give details below. List all cases without exception, including bankruptcies: if you answered YES, explain in detail on a separate sheet and attach it to your application. For each offense for which you were arrested or charged, YOU MUST OBTAIN OFFICIAL DOCUMENTATION FROM THE COURT WHERE YOU APPEARED, SHOWING THE FINAL DISPOSITION (OUTCOME) OF YOUR CASE. This information will include whether you were found guilty or not guilty; and the penalty (money fine, time in jail or prison, or probation or deferred sentence). If you received a deferred judgment, a deferred sentence, or probation, your documentation must include the date that you were discharged or released from probation or other supervision. O Yes ENo 0 Yes 0 No I3. 4. Have you, as an individual, as a member of a partnership or other form of domestic or foreign business entity, or as owner, director, or officer of a corporation, ever been a party to a lawsuit (other than divorces), either as a plaintiff or defendant, complainant or respondent, or in any other fashion, in this or any other country? if you answered YES to any of the preceding questions, explain in detail on a separate sheet and attach it to your application. Have you ever received a pardon or its equivalent for any criminal offense in this or any other country? Ej Yes O No E:1 Yes fN Applicant's Initials Page 3 of 13 'Applicant's Last Name (Please Print) DR 8520 (09/10/14) COLORADO DEPARTMENT OF REVENUE Marijuana Enforcement Division First Name Full Middle Name Arrest Disclosure Form If, since turning age 18, you have ever been arrested, served a criminal summons, charged with, or convicted of ANY crime regarding the possession, distribution or use of a controlled substance, you must disclose this information to the Marijuana Enforcement Division. If you have been arrested in the past 10 years, given a summons, or been convicted of any offense, you must disclose this information to the Marijuana Enforcement Division. Any person licensed by the Marijuana Enforcement Division, must make written notification to the Division's office of any criminal conviction and/or criminal charge pending against such person within 10 days of such arrest, summons, or conviction. This includes: • Being taken into custody for any offense, including traffic offenses • Being issued a summons or citation for any offense except for minor traffic offenses • Failing to comply with your sentencing requirements • Failing to appear for a court proceeding and having a bench warrant issued • Having your driver's license suspended or revoked • Being alleged to have driven under the influence or impairment of intoxicating liquor or drugs Failure to disclose an arrest or citation may result in disciplinary action, up to and including the denial of your license application. , Date of Offense Arresting Agency Original Charge Please List Each Offense Separately Place of Offense Disposition Narrative — Must also provide official documentation (except for minor traffic offense). 2 Arresting Agency Date of Offense Original Charge Place of Offense Disposition Narrative — Must also provide official documentation (except for minor traffic offense). Signature Date Page 4 of 13 (Applicant's Last Name (Please Print) DR 8520 (09/08/14) COLORADO DEPARTMENT OF REVENUE MEDICAL MARIJUANA ENFORCEMENT DIVISION First Name Arrest Disclosure Form (Continued) Please List Each Offense Separately 3 Date of Offense Place of Offense Arresting Agency Original Charge Disposition Narrative — Must also provide official documentation (except for minor traffic offense). 4 Date of Offense Place of Offense Arresting Agency Original Charge Disposition Narrative — Must also provide official documentation (except for minor traffic offense). Signature Full Middle Name Date Page 5 of 13 Applicant's Last Name (Please Print) First Name Full Middle Name Employment and Business Association History Beginning with your current employment, list all jobs you have held in the past 10 years, but not prior to age 18. Also, list all businesses with which you have been associated, including all corporations, partnerships or any other business ventures with which you have been associated, including as an officer, director, stockholder, partner, limited partner, member, or in any other related capacity. Employer/Business Name Dates (from -to) Title Description of Duties Reason for Leaving Employer/Business Name Employer/Business Name Employer/Business Name Employer/Business Name Employer/Business Name Address (include ZIP code) Dates (from -to) Title Address (include ZIP code) Dates (from -to) Title Address (include ZIP code) Dates (from -to) Title Address (include ZIP code) Dates (from -to) Title Address (include ZIP code) Dates (from -to) Title Address (include ZIP code) Supervisor's Name Description of Duties IReason for Leaving Supervisor's Name Description of Duties Reason for Leaving Supervisor's Name Description of Duties Reason for Leaving Supervisor's Name ;Description of Duties Reason for Leaving Supervisor's Name Description of Duties Reason for Leaving Supervisor's Name Character References List three character references who have known you five or more years. Do not include relatives, present employer, or employees. Last Name First Name Middle Name Years Known Employer Address Address 2 Last Name Years Known Address Employer Address 3 Last Name Years Known Employer Address Address City City First Name City !City First Name City City State Residence Phone ( ) ZIP Business Phone ( ) State ZIP Middle Name Residence Phone ( ) State ZIP Business Phone ( ) !State ZIP Middle Name Residence Phone State ZIP State ) Business Phone ) ZIP Applicant's Initials Page 6 of 13 Applicant's Last Name (Please Print) First Name Financial History 1. Are you delinquent in the filing of any tax return with any taxing agency anywhere? 2. Are you delinquent in the payment of any taxes, interest, or penalties due to any taxing agency anywhere? 3. Are you delinquent in the payment of any judgments due to any governmental agency anywhere? 4. Are you delinquent in the repayment of any government -insured student loans? 5. Are you delinquent in the payment of any child support? Full Middle Name 6. Check any of the following privileged or professional licenses you have held individually or as part of an ownership group in this state or any other domestic or foreign jurisdiction: 0 Liquor 0 Real Estate Broker/Sales 0Accountant E Lawyer 0 Physician ❑ Insurance ❑ Racing ❑ Lottery 0 Securities Dealer ❑ Other: 7. Have you ever been denied a privileged or professional license, withdrawn a privileged or professional license application or had any disciplinary action taken against any such license that you have held, either individually or as part of an ownership group? 8. Have you, as an individual, principal of any form of business entity, or as an owner, officer or director of a corporation, ever filed a bankruptcy petition, had such a petition filed against you or the business entity or the corporation; or had a receiver, fiscal agent, trustee, reorganization trustee or similar person appointed for you or the business entity or corporation? 9. Do you now own, have ever owned, or otherwise derive a benefit from assets held outside the United States, whether held in your own name or another name, on your behalf or for another person or entity, or through other individuals or business entities, or in trust, or in any other fashion or status? 10. Are you currently a party, or ever been a party, in any capacity, to any trust instrument? 11. Has a complaint, judgment, consent decree, settlement or other disposition related to a violation of federal, state or similar foreign antitrust, trade or security law or regulation ever been filed or entered against you or a business entity of which you were a principal or against a corporation for which you were an owner, officer or director. *If you answered YES to any of the questions above or checked any boxes above, give details on separate sheet, including license number and dates license held for licenses marked on question 6. Include any items currently under formal dispute or legal appeal. Attach any documents to prove your settlement on any of these issues. 0Yes 0 N ❑ Yes 0 No 0 Yes ❑ No 0 Yes E No EYes 0No ❑ Yes E No E Yes 0No Yes E No Yes DNo E Yes 0 N Yes ❑ No Applicant's Initials Page 7 of 13 Applicant's Last Name (Please Print) Personal Financial 1. Annual Income Salary (Source): Salary (Source): Interest (Source): Interest (Source): Dividends (Source): Dividends (Source): Other (Source): Other (Source): First Name Total $ Please submit all executed agreements or documents that grant you any right to any percent of ownership or percent of income from the Colorado Marijuana business with which you are associated. Full Middle Name 2. Amount to be invested in business: $ 3. Percentage of ownership this amount represents: 4. Investment will be derived from the following sources: 5. Has your interest in this Marijuana establishment been assigned, pledged or hypothecated to any person, firm, or corporation, or has any agreement been entered into whereby your interest is to be assigned, pledged or sold, either in part or whole? If YES, explain: LjYes ElNo Applicant's Initials Page 8 of 13 DR 4679 (09/03/14) COLORADO DEPARTMENT OF REVENUE Affidavit - Restrictions on Public Benefits , swear or affirm under penalty of perjury under the laws of the State of Colorado that (check one): ❑ I am a United States citizen. ❑ I am not a United States citizen but I am a Permanent Resident of the United States. ❑ I am not a United States citizen but I am lawfully present in the United States pursuant to Federal law. ❑ I am a foreign national not physically present in the United States. I understand that this sworn statement is required by law because I have applied for a public benefit. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute 18-8-503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. Signature Date Page 9 0113 Affirmation & Consent state under Penalty for offering a false instrument for recording pursuant to 18-5-114 C.R.S. that the entire Associated Key License Application Form, statements, attachments, and supporting schedules are true and correct to the best of my knowledge and belief, and that this statement is executed with the knowledge that misrepresentation or failure to reveal information requested may be deemed sufficient cause for the refusal to issue a Marijuana license by the State Licensing Authority. Further, I am aware that later discovery of an omission or misrepresentation made in the above statements may be grounds for the denial of a temporary Marijuana application or the revocation of the license. I am voluntarily submitting this application to the Colorado Marijuana Licensing Authority under oath with full knowledge that I may be charged with perjury or other crimes for intentional omissions and misrepresentations pursuant to Colorado law or for offering a false instrument for recording pursuant to 18-5-114. I further consent to any background investigation necessary to determine my present and continuing suitability and that this consent continues as long as I hold a Colorado Marijuana license, and for 90 days following the expiration or surrender of such Marijuana license. Note: If your check is rejected due to insufficient or uncollected funds, the Department of Revenue may collect the payment amount directly from your banking account electronically. Print your Full Legal Name clearly below: Legal Last Name (Please Print) Signature Legal First Name Date Legal Middle Name Page 10 of 13 Investigation Authorization Authorization to Release Information I, , hereby authorize the Colorado Marijuana Licensing Authority, the Marijuana Enforcement Division, (hereafter, the Investigatory Agencies) to conduct a complete investigation into my personal background, using whatever legal means they deem appropriate. I hereby authorize any person or entity contacted by the Investigatory Agencies to provide any and all such information deemed necessary by the Investigatory Agencies. I hereby waive any rights of confidentiality in this regard. I understand that by signing this authorization, a financial record check may be performed. I authorize any financial institution to surrender to the Investigatory Agencies a complete and accurate record of such transactions that may have occurred with that institution, including, but not limited to, internal banking memoranda, past and present loan applications, financial statements and any other documents relating to my personal or business financial records in whatever form and wherever located. I understand that by signing this authorization, a financial record check of my tax filing and tax obligation status may be performed. I authorize the Colorado Department of Revenue to surrender to the Investigatory Agencies a complete and accurate record of any and all tax information or records relating to me. I authorize the Investigatory Agencies to obtain, receive, review, copy, discuss and use any such tax information or documents relating to me. I authorize the release of this type of information, even though such information may be designated as "confidential" or "nonpublic" under the provisions of state or federal laws. 1 understand that by signing this authorization, a criminal history check will be performed. I authorize the Investigatory Agencies to obtain and use from any source, any information concerning me contained in any type of criminal history record files, wherever located. I understand that the criminal history record files contain records of arrests which may have resulted in a disposition other than a finding of guilt (i.e., dismissed charges, or charges that resulted in a not guilty finding). I understand that the information may contain listings of charges that resulted in suspended imposition of sentence, even though I successfully completed the conditions of said sentence and was discharged pursuant to law. l authorize the release of this type of information, even though this record may be designated as "confidential" or "nonpublic" under the provisions of state or federal laws. The Investigatory Agencies reserve the right to investigate all relevant information and facts to their satisfaction. I understand that the Investigatory Agencies may conduct a complete and comprehensive investigation to determine the accuracy of alt information gathered. However, the State of Colorado, Investigatory Agencies, and other agents or employees of the State of Colorado shall not be held liable for the receipt, use, or dissemination of inaccurate information. I, on behalf of the applicant, its legal representatives, and assigns, hereby release, waive, discharge, and agree to hold harmless, and otherwise waive liability as to the State of Colorado, investigatory Agencies, and other agents or employees of the State of Colorado for any damages resulting from any use, disclosure, or publication in any manner, other than a willfully unlawful disclosure or publication, of any material or information acquired during inquiries, investigations, or hearings, and hereby authorize the lawful use, disclosure, or publication of this material or information. Any information contained within my application, contained within any financial or personnel record, or otherwise found, obtained, or maintained by the Investigatory Agencies, shall be accessible to law enforcement agents of this or any other state, the govemment of the United States, or any foreign country. Print your Full Legal Name clearly below: Legal Last Name (Please Print) Legal First Name Signature (Must be signed in front of a witness) Legal Middle Name Dated this day of , 20 at (day) (month) (year) City State Witness Signature (time) Page 11 of 13 Applicant's Request to Release Information TO: FROM: (Applicant's Printed Name) 1.1/We hereby authorize and request all persons to whom this request is presented having information relating to or concerning the above named applicant to furnish such information to a duly appointed agent of the Marijuana Enforcement Division whether or not such information would otherwise be protected from the disclosure by any constitutional, statutory or common law privilege. 2.INVe hereby authorize and request all persons to whom this request is presented having documents relating to or concerning the above named applicant to permit a duly appointed agent of the Marijuana Enforcement Division to review and copy any such documents, whether or not such documents would otherwise be protected from disclosure by any constitutional, statutory, or common law privilege. 3.INVe hereby authorize and request the Colorado Department of Revenue to permit a duly appointed agent of the Marijuana Enforcement Division to obtain, receive, review, copy, discuss and use any such tax information or documents relating to or conceming the above named applicant, whether or not such information or documents would otherwise be protected from disclosure by any constitutional, statutory, or common law privilege. 4.If the person to whom this request is presented is a brokerage firm, bank, savings and loan, or other financial institution or an officer of the same, I/we hereby authorize and request that a duly appointed agent of the Marijuana Enforcement Division be permitted to review and obtain copies of any and all documents, records or correspondence pertaining to me/us, including but no limited to past loan information, notes co-signed by me/us, checking account records, savings deposit records, safe deposit box records, passbook records, and general ledger folio sheets. 5.INVe do hereby make, constitute, and appoint any duly appointed agent of the Colorado Marijuana Enforcement Division, my/our true and lawful attorney in fact for me/us in my/our name, place, stead, and on my/our behalf and for my/our use and benefit: (a) To request, review, copy sign for, or otherwise act for investigative purposes with respect to documents and information in the possession of the person to whom this request is presented as I/we might; (b) To name the person or entity to whom this request is presented and insert that person's name in the appropriate location in this request: (c) To place the name of the agent presenting this request in the appropriate location on this request. 6.1 grant to said attorney in fact full power and authority to do, take, and perform all and every act and thing whatsoever requisite, proper, or necessary to be done, in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as I/we might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that said attorney in fact, or his substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted. 7.This power of attorney ends twenty-four (24) months from the date of execution. 6.The above named applicant has filed with the Colorado Marijuana Licensing Authority an application for a Marijuana license. Said applicant understands that it is seeking the granting of a privilege and acknowledges that the burden of proving its qualifications for a favorable determination is at all times on the applicant. Said applicant accepts any risk of adverse public notice, embarrassment, criticism, or other action of financial loss, which may result from action with respect to this application. 9.I/We do, for myself/ourselves, my/our heirs, executors, administrators, successors, and assigns, hereby release, remise, and forever discharge the person to whom this request is presented, and his agents and employees from all and all manner or actions, causes of action, suits, debts, judgments, executions, claims, and demands whatsoever, known or unknown, in law or equity, which the applicant ever had, now has, may have, or claims to have against the person to whom this request is being presented or his agents or employees arising out of or by reason of complying with the request. 10.INVe agree to indemnify and hold harmless the person to whom this request is presented and his agents and employees from and against all claims, damages, losses, and expenses, including reasonable attorneys' fees arising out of or by reason of complying with this request. 11.A reproduction of this request by photocopying or similar process shall be for all intents and purposes as valid as the original. Applicant's Last Name (Please Print) First Name Middle Name Signature (Must be signed in front of a witness) Dated this day of , 20 , at (day) (month) (year) State City Witness Signature Spouse's Last Name (Please Print) Spouse's Signature (Must be signed in front of a witness) Spouse's First Name Dated this day of , 20 , at (day) (month) (year) City State Witness Signature Signature of Marijuana Enforcement Division agent presenting this request Date (time) (time) Middle Name Page 120113 John W. Hickenlooper Governor Barbara J. Brohl Executive Director COLORADO Department of Revenue Enforcement Division - Marijuana Dear Applicant: Thank you for your interest in becoming an Associated Key with a licensed business in the Marijuana industry. Before you submit your application, we want to make you aware of a few facts. The Marijuana industry in Colorado is one of the most scrutinized businesses in the state, because Colorado citizens want the industry and everyone involved in it free from even the hint of any corruption or deceit:' That's why we take our regulation of the industry very seriously, including the issuance of licenses. During the licensing process, we will conduct a thorough check of your background. If you pass our qualifications, you will be found suitable as an associated key that will allow you to work in the Marijuana Industry. You should know that a Marijuana license is a privilege, not a right. And one thing you must do to obtain this privilege is be completely honest on your license application. In particular, we ask you on page 4 of the application: "In the past 10 years, but not prior to age 18 have you been arrested, served with a criminal summons, charged with, or convicted of ANY crime or offense in any manner in this or any other country?" The application goes on to tell you to explain ALL such arrests or charges no matter the final outcome. Did you list ALL arrests and charges in the past 10 years? Are you clear about what you need to disclose? If not, then ask someone at the front desk to assist you and answer any questions you might have. Here are some of the excuses we have heard from people who have failed to disclose arrests to us: • My attorney told me I didn't have to disclose. • I didn't think I was arrested, because I only got a ticket. • I didn't think the arrest had anything to do with Medical Marijuana. • I didn't think that was still on my record. But there is no excuse not to disclose an arrest. You have been informed throughout the application to disclose ALL arrests. And you have just been informed again: You will not necessarily be denied a license if vou have ever been , arrested. but vou will be denied if vou fail to disclose anv arrest. I have read and understand this letter. Signed , Date DR 8522 (09/10/14) Page 13 of 13 COLORADO Department of Revenue Enforcement Division - Marijuana Retail Marijuana Business License Application IMarijuana Enforcement Division DR 8548 (04/14/16) DR 8548 (04/13/16) Colorado Marijuana Enforcement Division Retail Business License Application Instructions APPLICATION CHECKLIST 71 Li 2 L13 Application Fully Completed Type or dearly print an answer to every question. If a question does not apply to you, indicate so with an N/A. If you are unsure if a question applies to you or what information the form is asking you to provide, contact any Marijuana Enforcement Division office to seek clarification. If the available space is insufficient, continue on a separate sheet and precede each answer with the appropriate title. A separate application is required for EACH license type. All Forms Signed & Attached The following accompanying forms must be signed and returned with the application: El Affirmation & Consent Cl Investigation Authorization/Authorization to Release Information ❑ Applicant's Request to Release Information (leave the 'To:" section blank on that page) ❑ Applicable documents must be notarized prior to submission to the MED All Requested Information Attached (Other forms may be made available and may be required at time of application) The following information requested on the application must be attached, if applicable: El Copy of sales tax and/or wholesale license ❑ Documentation showing legal possession of the premise to be licensed ❑ Diagram of premise to be licensed (described on page 2, question 4) including security drawing ❑ Certificate of Good Standing from the Colorado Secretary of State's Office ❑ Copy of Articles of Incorporation, including amendments for corporations ❑ Articles of Organization, including amendments and operating agreement for LLC ❑ Trade Name Registration ❑ Partnership Agreement, or operating/shareholder agreements ❑ If corp., annual and bi-annual reports and meeting minutes from past 12 months ❑ Copies of notes, security instruments, etc., (detailed on page 2, question 5 and page 4, question 7) ❑ Explanation detailing the funding sources used to finance the applicant business ❑ List of financial institution accounts as detailed on page 4, question 8 ❑ All applicable information requested on page 4 Note: The Marijuana Enforcement Division reserves the right to request additional information and documentation throughout the course of the background investigation, which must be provided within 7 calendar days. 4 Applications For Associated Keys Attached Submit the following: Associated Key License Form (DR 8520) for any person holding an ownership interest, and/or officers and directors, regardless of ownership interest, if any. 7I 5 Application and License Fees I I All applications and documentation submitted must be single -sided and on 8.5x11 inch paper. See fee table on website: www.colorado.gov/revenue/med Application fees remitted to the State Licensing Authority and/or the Department of Revenue, are non-refundable. Only license fees may be refunded. Retail Marijuana license application fees are split between the Marijuana Enforcement Division (MED) and the Local Licensing Authority. In order for the State to accept this application, both the State and Local fees must be paid at the time the application is accepted by MED. This will require two (2) checks or money orders; one made payable to DOR (Checks will only be accepted in the name of the applicant, owner(s) or business entity which has an ownership interest in the applicant or licensee and one made payable to the Local Licensing Authority, and two applications; onesubmitted to the State and one which will be forwarded to the Local Licensing Authority, for EACH License. You are responsible for knowing who your Local Licensing Authority is. NO Transfers/Changes of Ownership will be accepted until after the license is issued. 6 Bring in application Submit appointment request to dor_med_appointments@state.co.us and you will be contacted to set up a time. Bring in application and all attachments to: Marijuana Enforcement Division 455 Sherman Street, Suite 390 Denver, CO 80203 NOTE: Incomplete applications WILL NOT be processed. DR 8548 (04)05/16) COLORADO DEPARTMENT OF REVENUE Marijuana Enforcement Division 455 Sherman Street. Suite 390 Denver CO 80203 Colorado Marijuana Licensing Authority Retail Business License Application License Types & Fees (See Application Checklist for details on license types and fees.) Retail Marijuana Store — ❑ Tier 1 = 1800 or fewer plants ❑ Retail Marijuana Cultivation ❑ Tier 2 = 1801 — 3600 plants ❑ Retail Marijuana Test Facility ❑ Tier 3 = 3601-6000 plants ❑ Tier 4 = 6001-10200 plants ❑ Tier 5 = 10201-13800 plants — ❑ Tier 5+ = plants in excess of 13801 Applicant's Legal Business Name (Please Print) (Trade Name (DBA) (Provide Trade Name Registration) 1 Physical Address Street Address of Marijuana Business City County State (ZIP 1 Mailing Address (if different from Physical Address) (Address City 'Primary Contact Person for Business Primary Contact Address (city, state ZIP) Federal Taxpayer ID (Colorado Sales Tax License # ❑ Retail Marijuana Products Manufacturer ❑ C• onversion- Converted from Lic. # ❑ R• etail/Medical Marijuana Combined Use- Combined with Lic. # ❑ Affiliated Business Marijuana License Number (Assigned by Division) Website Address Email Address State Business Phone Number ( ) ZIP Title Primary Contact Phone Number Primary Contact Email Entity ID number shown on Secretary of State Registration Type of Business Structure ❑ Sole Proprietorship ❑ Partnership ❑ Limited Partnership ❑ C Corporation ❑ S Corporation ❑ Publicly Traded Corporation State of Incorporation or Creation of Business Entity ❑ Limited Liability Company ❑ Trust ❑ Other Date Date of Qualification to Conduct Business in Colorado (Provide Certificate of Good Standing from the Colorado Secretary of State's Office) 'If a Corporation, List all States Where the Corporation is Authorized to Conduct Business (List all Trade Names used by the Business Entity (other than above) Attach copies of all articles of incorporation, bylaws, articles of organization, or a true copy of any partnership or trust agreement, including any and all amendments to such. If a corporation, attach copies of all annual and bi-annual reports, SEC filings, if any, and all minutes from all corporate meetings for the past 12 months. Page 1 of 8 1. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability Yes No company; or officers, stockholders or directors if a corporation) or manager under the age of twenty-one years? ❑ 0 2. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation) or manager ever (in Colorado or any other state); (a) been denied a privileged license (ie: Liquor, Gaming, Racing and Marijuana)? ❑ ❑ (b) had a privileged license (ie: Liquor, Gaming, Racing and Marijuana) suspended or revoked? ❑ ❑ (c) had interest in another entity that had a privileged (ie: Liquor, Gaming, Racing and Marijuana) license denied, suspended or revoked? ❑ 0 If you answered yes to 2a, b or c, explain in detail on a separate sheet. 3. Has a Marijuana license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any current or former financial interest in said business including any loans to or from a licensee. 0 ❑ 4. Does the applicant have legal possession of the premises by virtue of ownership, lease or other arrangement? Attach all documentation showing legal possession. Deed, Title, sale or lease agreements etc. ❑ Ownership ❑ Lease ❑ Other (Explain in Detail) (a) If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: Landlord Tenant Expires Attach a diagram of the premises to be licensed and outline or designate the area (including dimensions) which shows the limited access areas, walls, partitions, entrances, exits and what each room shall be utilized for in this business, including security equipment locations. This diagram should be no larger than 8 112" X 11". (It does not have to be to scale) 5. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies, trusts), will loan or give money, inventory, fumiture or equipment to or for use in this business; or who will receive money or profits from this business. Attach a separate sheet if necessary. Name Date of Birth FEIN OR SSN Interest Attach copies of all notes and security instruments, and any written agreement, or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. Local Licensing Authority (To be completed by Applicant) Local Licensing Authority Address Local Licensing Authority contact name Contact Phone Contact Email 6. Has the Applicant filed for a retail marijuana cultivation? If so, list license number(s): What City or County? (Fill out a separate and complete application) Printed Legal Business Name Printed Trade Name (DBA) Yes No ❑ ❑ Page 2 of 8 1 Ownership Structure List all persons and/or entities with any ownership interest, and all officers and directors, whether they have ownership interest or not. If an entity (corporation, partnership, LLC, etc.) has interest, list all persons associated with such entity, their ownership in the entity, and their effective ownership in the license. List all parent, holding or other intermediary business interest. An Associated Key License Application form must be submitted for all persons in a privately held company or a publicly traded corporation, and all officers and directors. Name Title SSN/FEIN DOB App submitted? ❑ Yes ❑ No (Address Business Associated with (Parent business or sub -entity) Name Address Business Associated with (Parent business or sub -entity) (Name IAddress Business Associated with (Parent business or sub -entity) Name Address 1Business Associated with (Parent business or sub -entity) Name Address Business Associated with (Parent business or sub -entity) Name Address Business Associated with (Parent business or sub -entity) Name Address Business Associated with (Parent business or sub -entity) City Title City Title City Title City Title City Title City Title City State ZIP Phone Number ( ) Own. % Business Associated with Effective Own. % in Applicant SSN/FEIN DOB App submitted? ❑ Yes ❑ No State ZIP Phone Number ( ) Own. % Business Associated with Effective Own. °A) in Applicant State SSN/FEIN DOB ZIP Phone Number ( ) Own. % Business Associated with SSN/FEIN State ZIP Own. % Business Associated with SSN/FEIN State ZIP IOwn. % Business Associated with SSN/FEIN State ZIP IOwn. % Business Associated with SSN/FEIN DOB App submitted? EI Yes El No Effective Own. %inApplicant Phone Number ( ) DOB App submitted? ❑Yes [II No Effective Own. % in Applicant Phone Number ( ) App submitted? El Yes El No Effective Own. % in Applicant DOB IApp submitted? ❑ Yes ❑ No Phone Number ( ) DOB Effective Own. % in Applicant App submitted? ❑ Yes ❑ No State ZIP Phone Number ( ) Own. % Business Associated with I Effective Own. % in Applicant Are there any outstanding options and warrants? ❑ Yes ❑ No *If YES, attach list of persons with outstanding options and warrants Are there any other persons, other than those listed in the Ownership Structure, including but not limited to suppliers, tenders and landlords, who will receive, directly or indirectly, any compensation or rents based upon a percentage or share of gross proceeds or income of the Marijuana business? ❑ Yes ❑ No if YES, attach list of persons Page 3 of Printed Legal Business Name Printed Trade Name (DBA) 1. Has the applicant, the applicant's parent company or any other intermediary business entity ever applied for a Marijuana license in this or any other jurisdiction, foreign or domestic, whether or not the license was ever issued? If YES, provide details on a separate sheet, including jurisdiction, type of license, license number, and dates license held or applied for. 2. Has the applicant, the applicant's parent company or any other intermediary business entity ever been denied a Marijuana license, withdrawn a Marijuana license or had any disciplinary action taken against any Marijuana license that they have held in this or any other jurisdiction, foreign or domestic? If YES, provide details on a separate sheet, including jurisdiction, type of action, and date of action. Financial History 1. Is the applicant, the applicant's parent company or any other intermediary business entity delinquent in the payment of any judgments, taxes, interest or penalties due to the Department of Revenue, relating to a Medical or Retail Marijuana Business? If YES, provide details on a separate sheet and attach any documents to prove settlement or resolution of the delinquency. 2. Is the applicant, the applicant's parent company or any other intermediary business entity currently a party to, or has it ever been a party to, in any capacity, any business trust instrument? if YES, provide details on a separate sheet. 3. Has a complaint, judgment, consent decree, settlement or other disposition related to a violation of federal, state or similar foreign antitrust, trade or security law or regulation ever been filed or entered against the applicant, the applicant's parent company or any other intermediary business entity? If YES, provide details on a separate sheet and attach any documents to prove the settlement of any of these issues. Include any items currently under formal dispute or legal appeal. 4. Has the applicant, the applicant's parent company or any other intermediary business entity been a party to a lawsuit in the past 5 years, either as a plaintiff or defendant, complainant or respondent, or in any other fashion, in this or any other country? If YES, provide details on a separate sheet and attach any documents to prove the settlement of any of these issues. Include any items currently under formal dispute or legal appeal. 5. Has the applicant, the applicant's parent company or any other intermediary business entity filed a business tax return in the past two years? 6. Has the applicant, the applicant's parent company or any other intermediary business entity completed financial statements, either audited or unaudited, in the past two years? If YES, attach all financial statements completed in the past two years. 7. Has any interest or share in the profits of the sale of Marijuana been pledged or hypothecated as security for a debt or deposited as a security for the performance of an act or to secure the performance of a contract? If YES, provide details on a separate sheet. 8. Attach a list detailing the operating and investment accounts for this business, including financial institution name, address, telephone number, and account number for each account. 9. Attach a list detailing each outstanding loan and financial obligation obtained for use in this business, including creditor name, address, phone number, loan number, loan amount, loan terms, date acquired, and date due. Person who maintains Applicant's business records Title Yes ❑ No ❑ Yes ❑No ❑Yes II] No 111 Yes [1] No ❑ Yes ❑ No ❑ Yes ❑ No ID Yes No ❑ Yes ❑ No ❑ Yes ❑ No Address Person who prepares Applicant's tax retums, government forms & reports Address Location of financial books and records for Applicant's business Phone Number Title Phone Number Page 4 of 8 Affirmation & Consent as an authorized agent for the applicant, state under penalty for offering a false instrument for recording pursuant to 18-5-114 C.R.S. that the entire Retail Marijuana Business License Application Form, statements, attachments, and supporting schedules are true and correct to the best of my knowledge and belief, and that this statement is executed with the knowledge that misrepresentation or failure to reveal information requested may be deemed sufficient cause for the refusal to issue a Marijuana license by the State Licensing Authority. Further, I am aware that later discovery of an omission or misrepresentation made in the above statements may be grounds for the denial or revocation of the license. I am voluntarily submitting this application to the Colorado Marijuana Licensing Authority under oath with full knowledge that I may be charged with perjury or other crimes for intentional omissions and misrepresentations pursuant to Colorado law or for offering a false instrument for recording pursuant to 18-5-114 C.R.S. I further consent to any background investigation necessary to determine my present and continuing suitability and that this consent continues as long as I hold a Colorado Marijuana License, and for 90 days following the expiration or surrender of such Marijuana license. Note: If your check is rejected due to insufficient or uncollected funds, the Department of Revenue may collect the payment amount directly from your banking account electronically. Print Full Leal Name of Owner/Principal clearly below: Applicant's Legal Business Name Last Name of Owner/Principal (Please Print) Signature State of before me this Trade Name (DBA) First Name of Owner/Principal , County of Subscribed and sworn to (or affirmed) day of , 20 , in ,by (State) (Applicant's Printed Name) Signature of Notary Public Printed Name of Notary Public ' My Commission Expires Signature of Marijuana Enforcement Division agent presenting this request (City) Middle Name of Owner/Principal Date Notary Seal Date Page 5 of 8 Investigation Authorization Authorization to Release Information I, , as an authorized agent for the applicant, hereby authorize the Colorado Marijuana Licensing Authority, the Marijuana Enforcement Division, (hereafter, the Investigatory Agencies) to conduct a complete investigation into the background of the person(s) and/or entity, using whatever legal means they deem appropriate. I hereby authorize any person or entity contacted by the Investigatory Agencies to provide any and all such information deemed necessary by the investigatory Agencies. I hereby waive any rights of confidentiality in this regard. I understand that by signing this authorization, a financial record check may be performed. I authorize any financial institution to surrender to the Investigatory Agencies a complete and accurate record of such transactions that may have occurred with that institution, including, but not limited to, internal banking memoranda, past and present loan applications, financial statements and any other documents relating to my personal or business financial records in whatever form and wherever located. I understand that by signing this authorization, a financial record check of my tax filing and tax obligation status may be performed. I authorize the Colorado Department of Revenue to surrender to the Investigatory Agencies a complete and accurate record of any and all tax information or records relating to me. I authorize the Investigatory Agencies to obtain, receive, review, copy, discuss and use any such tax information or documents relating to me. I authorize the release of this type of information, even though such information may be designated as "confidential' or "nonpublic" under the provisions of state or federal laws. I understand that by signing this authorization, a criminal history check will be performed. I authorize the Investigatory Agencies to obtain and use from any source, any information conceming me contained in any type of criminal history record files, wherever located. I understand that the criminal history record files contain records of arrests which may have resulted in a disposition other than a finding of guilt (i.e., dismissed charges, or charges that resulted in a not guilty finding). I understand that the information may contain listings of charges that resulted in suspended imposition of sentence, even though I successfully completed the conditions of said sentence and was discharged pursuant to law. I authorize the release of this type of information, even though this record may be designated as "confidential" or "nonpublic" under the provisions of state or federal laws. The Investigatory Agencies reserve the right to investigate all relevant information and facts to their satisfaction. I understand that the Investigatory Agencies may conduct a complete and comprehensive investigation to determine the accuracy of all information gathered. However, the State of Colorado, Investigatory Agencies, and other agents or employees of the State of Colorado shall not be held liable for the receipt, use, or dissemination of inaccurate information. 1, on behalf of the applicant, its legal representatives, and assigns, hereby release, waive, discharge, and agree to hold harmless, and otherwise waive liability as to the State of Colorado, Investigatory Agencies, and other agents or employees of the State of Colorado for any damages resulting from any use, disclosure, or publication in any manner, other than a willfully unlawful disclosure or publication, of any material or information acquired during inquiries, investigations, or hearings, and hereby authorize the lawful use, disclosure, or publication of this material or information. Any information contained within my application, contained within any financial or personnel record, or otherwise found, obtained, or maintained by the Investigatory Agencies, shall be accessible to law enforcement agents of this or any other state, the government of the United States, or any foreign country. Print Full Legal Name of Owner/Principal clearly below: Applicants Legal Business Name Trade Name (DBA) Last Name of Owner/Principal (Please Print) Signature State of before me this First Name of Owner/Principal , County of Subscribed and swom to (or affirmed) day of , 20 _ in by (State) (Applicant's Printed Name) Signature of Notary Public Printed Name of Notary Public My Commission Expires Signature of Marijuana Enforcement Division agent presenting this request (city) Middle Name of Owner/Principal Date Notary Seal Date Page 6 of f. TO: (Leave this Blank) Applicant's Request to Release Information (All signatures must be notarized) FROM: (Applicant's Printed Name) 1. 1/We hereby authorize and request all persons to whom this request is presented having information relating to or conceming the above named applicant to furnish such information to a duly appointed agent of the Marijuana Enforcement Division whether or not such information would otherwise be protected from the disclosure by any constitutional, statutory or common law privilege. 2. I/We hereby authorize and request all persons to whom this request is presented having documents relating to or concerning the above named applicant to permit a duly appointed agent of the Marijuana Enforcement Division to review and copy any such documents, whether or not such documents would otherwise be protected from disclosure by any constitutional, statutory, or common law privilege. 3. I/We hereby authorize and request the Colorado Department of Revenue to permit a duly appointed agent of the Marijuana Enforcement Division to obtain, receive, review, copy, discuss and use any such tax information or documents relating to or concerning the above named applicant, whether or not such information or documents would otherwise be protected from disclosure by any constitutional, statutory, or common law privilege. 4. If the person to whom this request is presented is a brokerage firm, bank, savings and loan, or other financial institution or an officer of the same, I/we hereby authorize and request that a duly appointed agent of the Marijuana Enforcement Division be permitted to review and obtain copies of any and all documents, records or correspondence pertaining to me/us, including but not limited to past loan information, notes co-signed by mel us, checking account records, savings deposit records, safe deposit box records, passbook records, and general ledger folio sheets. 5. I/We do hereby make, constitute, and appoint any duly appointed agent of the Colorado Marijuana Enforcement Division, my/our true and lawful attorney in fact for me/us in my/our name, place, stead, and on my/our behalf and for my/our use and benefit: (a) To request, review, copy sign for, or otherwise act for investigative purposes with respect to documents and information in the possession of the person to whom this request is presented as I/we might; (b) To name the person or entity to whom this request is presented and insert that person's name in the appropriate location in this request: (c) To place the name of the agent presenting this request in the appropriate location on this request. 6. I grant to said attomey in fact full power and authority to do, take, and perform all and every act and thing whatsoever requisite, proper, or necessary to be done, in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as Uwe might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that said attorney in fact, or his substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted. 7. This power of attorney ends twenty-four (24) months from the date of execution. 8. The above named applicant has filed with the Colorado Marijuana Licensing Authority an application for a Marijuana license. Said applicant understands that it is seeking the granting of a privilege and acknowledges that the burden of proving its qualifications for a favorable determination is at all times on the applicant. Said applicant accepts any risk of adverse public notice, embarrassment, criticism, or other action of financial loss, which may result from action with respect to this application. 9. I/We do, for myself/ourselves, my/our heirs, executors, administrators, successors, and assigns, hereby release, remise, and forever discharge the person to whom this request is presented, and his agents and employees from all and all manner or actions, causes of action, suits, debts, judgments, executions, claims, and demands whatsoever, known or unknown, in law or equity, which the applicant ever had, now has, may have, or claims to have against the person to whom this request is being presented or his agents or employees arising out of or by reason of complying with the request. 10. I/We agree to indemnify and hold harmless the person to whom this request is presented and his agents and employees from and against all claims, damages, losses, and expenses, including reasonable attorneys' fees arising out of or by reason of complying with this request. 11. A reproduction of this request by photocopying or similar process shall be for all intents and purposes as valid as the original. Applicant's initials Continued on next page Page 7 of 8 Applicant's Request to Release Information (All signatures must be notarized) Signature State of , County of Subscribed and swom to (or affirmed) before me this day of , 20 _, in , by (State) (Applicant Printed Name) Signature of Notary Public Printed Name of Notary Public My Commission Expires Spouse's Last Name (Please Print) Spouses Signature State of before me this Spouse's First Name (City) , County of Subscribed and sworn to (or affirmed) day of , 20 _, in , by (State) Signature of Notary Public (Applicant Printed Name) Printed Name of Notary Public My Commission Expires Signature of Marijuana Enforcement Division agent presenting this request (Cty) Notary Seal Full Middle Name Notary Seal Date Continued from previous page Page 8 of 8 MED Retail Marijuana New Application Checklist: Business Name: License Number(s): Criminal Investigator: Date: Compliance Investigator: Date: Reviewer: Date: New Retail Business Applications will be taken by appointment only; applications mailed in will not be accepted. MED requires all documents listed below and any additional documents requested by the MED investigator. If the application is incomplete or missing required documents MED will not accept the application or fees until a complete application is submitted. All applications for conversion or combined use will be treated as completely new applications requiring all the documents listed below and any other documents requested by the MED investigators to be licensed. Once a retail application Is submitted, MED will not accent any Changes of Ownership until the license is issued. MED will only accept business applications from owners. Managers and attomeys cannot submit applications on behalf of owners because signatures and fingerprints of owners are required. o If the applicant Is requesting conversion and not combined use, suggest they consider the following: once the State issues the Retail Marijuana License, the Medical Marijuana License must be surrendered within fourteen (14) days. If the local retail license has not been received, and the State Medical License has been surrendered, the business must CEASE business immediately. ✓ Two (2) complete copies of the MED Retail Business License Application are required for EACH Retail Store, Cultivation, Marijuana Products Manufacturer or Testing Facility. One (1) copy for the MED, and one (1) copy for the Local Licensing Authority (Form available on the MED Website.) E. Two (2) checks or money orders for EACH license application. One check payable to the MED (DOR), and one check payable to the designated local authority. The application requires disclosure of the local authority contact (name, address, e-mail and phone number) to enable MED to forward a copy of the application and fees to them. ❑ MED Associated Key Ucense Application Form completed by each owner for submission with the Business Application. This foml is not required if the new business applicant(s) own another currently licensed Colorado Marijuana Business. (Form available on the MED Website.) o Copy of the Associated Key(s) Colorado Driver's license or Colorado State issued ID. ❑ Fingerprints for new Associated Keys. o LLC's must provide an Operating Agreement and Corporations must provide Articles of Incorporation and Bylaws completed and signed by all parties. o Copy of a current "Certificate of Good Standing" from the Colorado Secretary of State. o Copy of Trade Name Registration from the Colorado Secretary of State if applicable. o Verify the business name on the application, local license, MLO record, sales tax bond, lease and tax license all match the legal business name reaistered with the Colorado Secretary of State. ❑ Copy of the current lease(s), in the name of the business, fully executed and signed, for each licensed business location. 3 Floor plans of each facility, to scale, on 8.5" x 11" paper. These drawings, at a minimum, will indicate all walls, fixtures in sales area, entrances, exits, safes, storage areas, locations of cameras, DVR(s) and security room(s). Clearly identify the licensed premises area(s). o Copy of the Colorado Retail Marijuana License Bond on the approved State form. Not allowed to use the existing Colorado Medical Marijuana License Bond for a retail business (On the MED website.) Questions for Taxpayer Service Division: Marijuana Hotline 303-205-8287. o Copy of the current Retail Marijuana State Sales, Excise or Wholesale Tax License. C. Copies of all existing notes, security instruments and loan documents. Provide a written explanation of the funding sources described in these documents and any other sources of investment capital obtained since the last renewal of these licenses. o A Retail Applicant Ownership and Funding Certification form signed by each owner certifying full disclosure of ownershifi and funding under penalty of perjury. This form also does not allow any change of ownership or change of location until the license is approved (This form provided by MED at time of application.) Li If application is for combined use of the same facility without physical separation for both a Medical Marijuana Center and a Retail Marijuana Store, a signature will also be required on a Letter of Understanding prohibiting the sale of Medical Marijuana to anyone under the age of twenty one (21) years old (This form provided by MED at time of application.) o A Statement of Understanding form signed by each owner for each business license certifying knowledge and compliance of all state laws and regulations. (This font provided by MED at time of application.) o Explain Marijuana Inventory Tracking System (METRC). The business must have all current Medical Marijuana Inventory entered into METRC before operating as a Retail Marijuana business. Prior to operating a Retail business as either a conversion or as combined use, the Medical Marijuana inventory or a portion of the Medical Marijuana inventory must be converted to Retail Marijuana inventory. This is a ONE TIME conversion and includes converting the inventory In METRC. ❑ Payment of business application and licensing fees. ❑ Payment of Associated Key application and licensing fees. ❑ Background investigator assigned does a thorough background investigation and completes the investigation report. • Enter investigation report and all information into a MLO investigation. O Supervisor Reviews and completes "Supervisor Review' in Activity Section of MLO. O GenTax check on business o GenTax check on owner(s) NOTES: Revised Octchcr 2014 S 18ackground Documents and ProcedueeslRETA1L1Retail New Application Checkhst doc DR 8519 (09/19113) COLORADO DEPARTMENT OF REVENUE MARIJUANA ENFORCEMENT DIVISION 455 Sherman Street, Suite 390 Denver, Co 80203 Colorado Retail Marijuana License Bond Name of Bonding Company Bond Number KNOWALL PERSONS BY THESE PRESENTS: That we, . Street Address City , County of , State of Colorado, as Principal, and , a surety company qualified and authorized to do surety business in the State of Cobrado, as Surety, are held and firmly bound unto the State of Colorado to indemnify the State or local governmental entity for any loss suffered by reasons of violation of the conditions hereinafter contained in the penal sum of FIVE THOUSAND DOLLARS ($5,000.00), lawful money of the United States, for the payment of which, wet and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns jointly, severalty, and firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal is applying for the issuance or renewal of a license issued pursuant to the Colorado Retail Marijuana Code, Article 43A of Title 12 of the Colorado Revised Statutes, which license or license renewal shall be valid, if not suspended or revoked, for a license period ending one year from the last day of the month of issuance of the license or renewal; NOW, THEREFORE, if the Principal is granted a license by the State pursuant to Article 43.4 of Title 12 of the Colorado Revised Statutes, during the term of said license and any renewal thereof, the Principal shall report and pay all sales and use taxes due the State of Colorado, or due any other entity for which the State is the collector or collecting agent, in a timely manner as provided by law. IT IS FURTHER PROVIDED that the aggregate liability of the Surety for all breaches of the condition of this bond, regardless of the number of years this bond shall continue in force, the number of daims made against this bond, and the number of premiums which shall be payable or paid shall not exceed the amount of the bond. IT IS FURTHER PROVIDED that pursuant to Section 12-43.4-303(2), C.R.S., the Surety shall not be required to make payments to the State of Colorado claiming under this bond until a final determination of failure to pay taxes due to the State has been made by the State Licensing Authority or a court of competent jurisdiction. IT IS FURTHER PROVIDED that the Surety shall have the right to cancel this bond for any reason authorized by statute by filing forty- five (45) days' written notice of such cancellation with the Principal and with the State Licensing Authority. If cancellation is based upon nonpayment of premium, this bond may be cancelled by the Surety upon ten (10) days' written notice to the Principal and the State Licensing Authority. THIS OBLIGATION may be continued from year to year by the issuance by the Surety of a proper continuation certificate delivered to the State Licensing Authority pursuant to Section 12113.4-303(3), C.R.S. Dated this day of , 20_ For the Principal: For the Surety: ACKNOWLEDGMENT OF SURETY STATE OF COLORADO COUNTY OF 1 SS. On this day of , 20 , before me, a notary public in and for the above State, personally appeared , to me personalty known and being by me duly sworn, did say that he or she is an authorized corporate officer or the Attorney -in -Fad of a corporation duly organized and existing under the laws of the State of Colorado, or authorized to do business therein, and that he or she as such officer executed the foregoing instrument for the purposes herein contained on behalf of said corporation, and further acknowledged that the instrument was executed as the free act and deed of said corporation. IN WITNESS WHEREOF, 1 hereunto set my name and affixed my official seal on the day and year written above. (S EA L) Notary Public, State of Colorado My commission expires: DENVER THE MILE HIGH CITY City and County of Denver DEPARTMENT OF EXCISE AND LICENSES 201 West Colfax Avenue, Dept. 206 Denver, Colorado 80202 720-865-2740 MEDICAL MARIJUANA ESTABLISHMENT LICENSE RENEWAL APPLICATION Note: License Renewal Fee of $3.000.00 Type of License: D Medical Marijuana Center D Medical Marijuana Infused Product D Medical Marijuana Optional Premises Cultivation Entity Name: (Must match Secretary of State Certificate of Good Standing) Trade Name (DBA): (Must match Secretary of State Statement of Trade Name) Alarm Permit No.: Business File No.(BFN): City Sales Tax NO.(CENTER ONLY): .State Sales Tax NO.(CENTER ONLY): State License No.: Facility Address: City: Mailing Address: City: Responsible Party/Main Contact Name State License Expiration Date: State: Zip Code: State: Zip Code: Phone E-mail Business must have legal possession of the premises for at (east 1 year after license issuance. IF your premise is leased, please fill out the below: Name of Property Owner: Phone Number of Property Owner: Address of Property Owner: City: State: Zip Code: Expiration Date of Lease: For the Medical Marijuana Optional Premises Cultivation facilities, do you perform cold water extraction? For the Medical Marijuana Infused Product manufacturer facilities, what type(s) of extraction do you perform? ❑ Butane (C4Hio) 0 Propane (Calls) ❑ Isopropanol (C3H80) 0 Acetone (C3H60) 0 Carbon dioxide (CO2) 0 Ethanol (C2H60) 0 Heptane (C7H,$) 0 Other: Q Yes O No 0 None Have you received any of the following from the Marijuana Enforcement Division within the last 12 months? • Order to Show Cause • Summary Suspension • Administrative Hold YES 0 NO 0 YES 0 NO 0 YES 0 NO 0 0 c (,) E 8 c 13 O 11) 11)E cf1 -0 0 C co •• —• CD al c O. (flC a) -0 La 0 73 _C ‘13 -C O 0 17) oi w E E . o c • > 011 C (0 a) E • c 8 c -c a) ca 0. O a. To • ‘- c c o • o E o W▪ Fl 13E o o in '5 := 6 -Tn• o E .c O • (1) • = a) Z O ca CC a IX • 2 O C LL .(7) Z -• o LIJ (I) • 2 O a.) Z — 1) IX ro Z t12 0 INTERNAL tae ONLY ❑ 0 1. Copy of Burglar Alarm Permit O 0 2. Copy of Burglar Alarm Monitoring Contract Required Documentation: ❑ O 3. Lease or Deed (If leased, you must attach the written consent of owner to lease property to a manjuana establishment) ❑ O 4. Bylaws, Operation, Partnership Agreement (as applicable) ❑ ❑ 5. Secretary of State Certificate of Good Standing 0 ❑ 6. Secretary of State Statement of Trade Name (if applicable) ❑ O 7. Copy of State License ❑ ❑ 8. Copies of any Orders to Show Cause, Summary Suspension, or Administrative Hold issued by the Marijuana Enforcement Division within the last 12 months. *Please note - all applications will be administratively closed if not completed within 12 months. Oath of Application 1 declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Denver Revised Municipal Code and all Rules and Regulations which govem my Medical Marijuana Establishment License Application. Authorized Signature: Print Name: Revised 03/30/2016 IDate: Title: .y65.11.1r.5 Sm ul All Fields Completed: Disciplinary Actions: OC Completed By: Date: ❑ YES 0 YES 0 NO 0 NO DENVER THE MILE HIGH CITY City and County of Denver DEPARTMENT OF EXCISE AND LICENSES 201 West Colfax Avenue, Dept. 206 Denver, Colorado 80202 720-865-2740 RETAIL MARIJUANA ESTABLISHMENT NEW LICENSE APPLICATION Note: Application Fee of $250.00* & License Fee of $5.000.00 *Testing Facility Application Fee is $500.00 Type of License: 0 Retail Marijuana Store 0 Retail Marijuana Optional Premises Cultivation 0 Retail Marijuana Infused Products Manufacturer 0 Retail Marijuana Testing Facility Entity Name: (Must match Secretary of State Certificate of Good Standing) Trade Name (DBA): (Must match Secretary of State Statement of Trade Name) Type of Corporate Structure: 0 Corporation ❑ Limited Liability Company ❑ Partnership 0 Other: Medical Business File No. (BFN): Retail Business File No. (BFN): (Licensing Technician will fill this in) Alarm Permit No.: EIN.: City Sales Tax NO.(STORE ONLY}: Facility Address: City: Mailing Address: City: Responsible Party/Main Contact: Name Store Type (STORE ONLY): ❑ Co -located Retail & Medical (separate entrances) State: State: Phone State Sales Tax NO.(STORE ONLY): Zip Code: Zip Code: ❑ Co -terminus Retail & Medical (shared areal E-mail ❑ Conversion Retail Only Business must have legal possession of the premises for at least 1 year after license issuance. IF your premise is leased, please fill out the below: Name of Property Owner: Phone Number of Property Owner: Address of Property Owner: City: State* Zip Cody.* Expiration Date of Lease: Are the premises to be licensed within 1,000 feet of any school, pre-school, child care establishment, retail marijuana store, medical marijuana center, or alcohol or drug treatment facilities? For the Retail Marijuana Optional Premises Cultivation facilities, do you perform cold water extraction? For the Retail Marijuana Infused Product Manufacturer facilities, what type(s) of extraction do you perform? 0 Butane (C4H10) 0 Propane (C3H8) 0 Carbon dioxide (CO2) 0 Ethanol (C2HSO) 0 Isopropanol (C3H8O) 0 Acetone (C3HsO) 0 Heptane (C7H16) 0 Other: ❑ Yes ❑ No 0 Yes ❑ No ❑ None OWNER & MANAGER INFORMATION You must list all officers. directors. general partners, managing members, stockholders, partners, and members. If a holding company has an ownership interest in the licensed business, list that company and its ownership percentage as well. Please attach additional pages if necessary. INTERNAL USE Required Documentation: ONLY ❑ 0 1. Secretary of State Statement of Trade Name (if applicable) ❑ 0 2. Copy of Zoning Use Permit ❑ 0 3. A floor plan of the premises, drawn to scale on 8-1/2" x 11" paper, showing the layout of the establishment and the principal uses of each section of the floor area. Please include dimensions, security cameras, and separate pages for each floor level. The floor olan must be stamped by the Zoning Deoariment during its zoning permit review and the intended licensed orerpises must be continuous and outlined in LSA. ❑ ❑ 4. Copy of Burglar Alarm Permit ❑ 0 5. Copy of Burglar Alarm Monitoring Contract ❑ 0 6. Copy of City & State Sales Tax License (STORE ONLY) ❑ 0 7. Lease or Deed (If teased, you must attach the written consent of owner to lease property to a marijuana establishment) ❑ 0 8. A security plan indicating how the business intends to comply with the requirements related to monitoring and securing the licensed premises as required by law 0 9. Affidavit of Lawful Presence for each owner ❑ 0 10. Bylaws, Operation, Partnership Agreement (as applicable) ❑ 0 11. Distance Waiver (STORE ONLY) ❑ 0 12. Marijuana License Application Acknowledgment Form (STORE ONLY) ❑ 0 13. Secretary of State Certificate of Good Standing ❑ ❑ 14. Copy of Valid ID for each owner (Colorado Driver's License or Colorado ID card) ❑ 0 15. A description of products and services to be provided by the establishment, including an indication of whether the establishment proposes to engage in the retail sale of food for human consumption. ❑ 0 16. An area map, drawn to scale on 8-1/2" x 11" paper, indicating within a radius of one thousand feet from boundaries of property upon which establishment is located, the proximity of the property to any school or child care establishment; to any other marijuana center or store, to any drug treatment or rehabilitation facility, and to any residential zone district (STORE ONLY) ❑ ❑ 17. Affidavit of Corresponding Medical License ' Please note - all applications will be administratively closed if not completed within 12 months. * Please note - a copy of a valid corresponding state license will need to be submitted along with a completed inspection card before this application will be considered complete and a license will be issued. Oath of Application I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Denver Revised Municipal Code and all Rules and Regulations which govem my Retail Marijuana Establishment License Application. Authorized Signature: Date: Print Name: IaA stisnmsNimsras .is:Ame w usaninsa:sonsua suminte smnwail Medical BFN # Medical License For. Center 0 Cultivation Facility 0 MIP ❑ Retail Application For: Store 0 Cultivation Facility 0 MIP ❑ Date of Medical Application: Medical at Same Address as Proposed Retail:Y es 0 o Ell Medical has Same Owners as Proposed Retail: Yes 0 d•D Eligible to Apply for Retail: Yes 0 QC Completed By: QC Completed Date: No 0 Revised 03/30/2016 Title: All Flies Completed: 0 YES QC Completed BY: Date: 0 NO S Dominguez Gunnison County, CO 7/7/2014 3:16:33 PM 447 11111111111111111111111111111111111111111111111111111 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GUNNISON, COLORADO RESOLUTION NO. 2014-18 627611 Page 1 of 22 R0.0000.00 A RESOLUTION CREATING LICENSING REGULATIONS FOR MARIJUANA CULTIVATION, MANUFACTURING, AND TESTING FACILITIES WHEREAS, pursuant to Section 14 of Article XVIII of the Colorado Constitution, Article 43.3 of title 12, C.R.S. (Colorado Medical Marijuana Code) and Artide 43.4 of Title 12, C.R.S. (the Colorado Retail Marijuana Rules) local jurisdictions can create regulations to further regulate marijuana related businesses and can be more restrictive than the above mentioned state regulations. WHEREAS, consistent with the above, the Gunnison County Community Development Department has prepared regulations tided "Licensing Regulations for Marijuana Cultivation, Manufacturing, and Testing Facilities" attached hereto and incorporated herein by reference as Attachment "A" r Licensing Regulations"); and WHEREAS, on lily 1, 2014, the Board of County Commissioners of the County of Gunnison, Colorado ("Board of County Commissioners")conducted a duly noticed public hearing for adoption of the Ucensing Regulations; and WHEREAS, the Board of County Commissioners has evaluated the Licensing Regulations with consideration of the following criteria: • Consistency with the Colorado Medical Marijuana Code and the Colorado Retail Marijuana Rules; • Consistency with the Criteria for Text Amendments in Section 1-113 of the Land Use Resolution • Effect of the proposed amendments on the natural environment; • Community needs; • Development pattern; • Public health, safety and welfare; and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of the County of Gunnison, Colorado that the "Licensing Regulations for Marijuana Cultivation, Manufacturing, and Testing Facilities" attached hereto as Attachment "A" are hereby adopted. These licensing regulations shall become effective fourteen days after the approval of this Resolution. INTRODUCED by Commissioner Chamberiand, seconded by Commissioner Houck and passed on this 1st day of July, 2014. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GUNNISON, COLORADO Paula Swenson, Chairperson P Ch Berland, Commissioner ATTEST: Deputy County Clerk uck, Commissioner S Dominguez Gunnison County, CO 7/7/2014 3:16:33 PM 447 1IIlII INN1NIII1II11II1111II111IIUIIu)111II1111h11 Attachment A GUNNISON COUNTY COLORADO LICENSING REGULATIONS FOR MARIJUANA CULTIVATION, MANUFACTURING AND TESTING FACILITIES 627611 Page 2 of 22 R 0.00 t 0.00 S Dominguez Gunnison County, CO 7/7/2014 3:16:33 PM 447 111111111111111111111111111111111111.111111111111111 1111 Table of Contents 627611 Page 3 of 22 R0.0000.00 ARTICLE 1: GENERAL REQUIREMENTS 2 ARTICLE 2: DEFINITIONS 6 ARTICLE 3: INITIAL LICENSE 9 ARTICLE 4: ACTIVITY AFTER INITIAL LICENSE 12 ARTICLE 5: STANDARDS 14 ARTICLE 6 FEES 16 ARTICLE 7: OPERATIONAL REQUIRMENTS 18 ARTICLE 8: ENFORCEMENT 19 ARTICLE 9: SEVERABILITY 26 ARTICLE 1: GENERAL REQUIREMENTS SECTION 1-101: TITLE AND SHORT TITLE 2 These Regulations shall be known as the 'Licensing Regulations for Marijuana Cultivation, Manufacturing, and Testing Facilities," SECTION 1-102: AUTHORITY A. COLORADO AUTHORITY: Section 14 of Article XVIII of the Colorado Constitution permits limited medical uses of marijuana under Colorado law. Section 16, Article XVIII of the Colorado Constitution permits personal use of marijuana by persons aged 21 years and older under Colorado law. To enact, restrict, and enforce the state constitution, the General Assembly enacted the Colorado Medical Marijuana Code, article 43.3 of title 12, C.R.S. (the "CMMC"). In addition, the Colorado Department of Revenue adopted 1 CCR 212-1, Series 100 through 1400, Medical Marijuana Rules ("the MMR").The CMMC and MMR authorize counties and municipalities to determine whether to permit, as a matter of state law, certain medical marijuana businesses within their jurisdictions. Further, to enact, restrict, and enforce the state constitution, the General. Assembly enacted the Colorado Retail Marijuana Code, article 43.4 of Title 12, C.R.S. (the "CRMC"). In addition, the Colorado Department of Revenue adopted 1 CCR 212-2, Series 100 through 1400, Retail Marijuana Rules ("the RMR").The CRMC and the RMR authorize counties and municipalities to determine whether to permit, as a matter of state law, certain retail (i.e. non-medical) marijuana businesses within their jurisdictions. Gunnison County Authority: B. BOARD LICENSING AUTHORITY: The Gunnison County Board of County Commissioners (the "Board") designates itself as the Gunnison County Marijuana Licensing Authority. C. COMMUNITY DEVELOPMENT IS ADMINISTRATOR: The Board also designates the Gunnison County Community Development Department to administer this license. D. LICENSES: The Board is authorized to issue local licenses for Medical Marijuana Facilities and Retail Marijuana Facilities. The license requirements in these regulations shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, state, or local law. E. CRIMINAL LIABILITY: The license does not provide any exception, defense, or immunity to any person in regard to any potential criminal liability the person may have for the production, distribution, or possession of marijuana. A valid license shall be required from the State of Colorado as provided by the CMMC and the CRMC. SECTION 1-103: PURPOSES A. GENERAL PURPOSES. The purposes of this Resolution is: 1. To authorize licensing of marijuana cultivation, manufacturing, and testing in unincorporated Gunnison County as provided in §§ 12-43.3-301(2)(a), 12-43.4- 104(3) and 12-43.4-301, C.R.S., as amended; S Dominguez Gunnison County, CO 627611 7/7/2014 3:16:33 PM Page 4 of 22 447 R 0.00 D 0.00 1111111 01111111111101111111111111111111111111111111111111111MI 1111 01011111 1111111111 S I I 2. To establish specific standards and procedures for local licensing of marijuana - related business and establishments; and 3. To protect the health, safety, and welfare of the residents, consumers and patients in Gunnison County by prescribing the manner in which marijuana businesses can be conducted in the County. B. RELATIONSHIP TO OTHER GUNNISON COUNTY REQUIREMENTS. All allowed marijuana uses shall require compliance with all applicable Gunnison County Regulations including but not limited to Section 9-104 and all other applicable sections of the Land Use Resolution, Gold Basin Industrial Park Special Area Regulations, applicable building regulations, and On Site Waste Water Treatment regulations. SECTION 1-104: NO INTENT TO PROMOTE By enacting this Resolution, Gunnison County does not intend to encourage or promote the establishment of any marijuana related business or operation, or the commitment of any act that constitutes or may constitute a violation of state or federal law. As of the date of the enactment of this Resolution, the use, possession, distribution, and sale of marijuana is illegal under Federal law and those who engage in such activities do so at their own risk of criminal prosecution. SECTION 1-105: GUNNSION COUNTY LICENSE REQUIRED A. GUNNISON COUNTY LICENSE REQUIRED: A Gunnison County License duly issued pursuant to this Resolution shall be required for a: 1 Marijuana Cultivation Facility; 2) Marijuana Manufacturing Facility, and/or or 3 Marijuana Testing Facility located in unincorporated Gunnison County. B. GUNNISON COUNTY LICENSE HAS NO EFFECT WITHOUT STATE LICENSE: It shall be unlawful to operate any Medical Marijuana Facility or Retail Marijuana Facility in unincorporated Gunnison County for which a license is required under the Colorado Medical Marijuana Code, article 43.3 of title 12, C.R.S. (the "CMMC") or the Colorado Retail Marijuana Code, article 43.4 of title 12, C.R.S. (the "CRMCN) without first having obtained both a local license under these regulations and a state license under state code. C. GUNNISON COUNTY LICENSE HAS NO EFFECT WITHOUT VALID GUNNISON COUNTY LAND USE AND BUILDING CODE APPROVAL: A Gunnison County License has no effect without the requisite County Land Use and Building application approvals. D. APPLICATIONS FOR LOCAL LICENSES. The Board shall receive and process all applications for a Marijuana Facility License. The Community Development Department on behalf of the Board shall accept and process applications for a Medical Marijuana Facility or Retail Marijuana Facility. 4 s Dominguez Gunnison County, CO 627611 7/7/2014 3:16:33 P14 Page 5 of 22 R 0.00 D 0.00 447 11111111111111111111111$11111M1111111111111111111111 S Dominguez Gunnison County, CO 627611 7/7/2014 3:16:33 PM Page 6 of 22 447 p R 0.00 D 0.00 11111111111M 1111011 E. DUAL LICENSES. Dual operation of a licensed Medical Marijuana Facility and a Retail Marijuana Facility is permitted so long as appropriate State and local licenses have been issued and remain valid and active for both operations. SECTION 1-106: ACTIVITY PROHIBITED A. RETAIL MARIJUANA STORE PROHIBITED: Retail Marijuana Stores are prohibited in unincorporated Gunnison County. B. MEDICAL MARIJUANA CENTERS PROHIBITED: Medical Marijuana Centers are prohibited in unincorporated Gunnison County. SECTION 1-107: RELATIONSHIP TO GUNNISON COUNTY LAND USE RESOLUTION A. LAND USE APPROVAL REQUIRED: A land use approval is required prior to receiving a Marijuana Facility License for all marijuana facilities as specified in Section 9-104 of the Gunnison County Land Use Resolution. B. CONFLICTS BETWEEN THE LAND USE RESOLUTION AND MARIJUANA FACIUTY LICENSING REQUIREMENTS: If there is a conflict between the requirements of the Land Use Resolution and the requirements of this Resolution, the more stringent of two regulations shall apply. SECTION 1-108: NO ENTITLEMENT OF VESTED RIGHT. No person shall have any entitlement or vested right to land use, licensing, or otherwise under this resolution, the CMMC, the CRMC, Gunnison County land use approval, or Gunnison County building permits. To lawfully engage in the business of cultivating, manufacturing, and or testing marijuana in unincorporated Gunnison County, all persons must obtain a license under these regulations. Such a license is a revocable privilege subject to the will and scrutiny of local and state authorities. 5 ARTICLE 2: DEFINITIONS SECTION 2-101 PURPOSE The purpose of this article is to define words, terms and phrases used in this Resolution, or that are otherwise used by the County on its review and actions conceming licensing of marijuana operations. If a word, term, or phrase is not defined herein, the definition in the Gunnison County Land Use Resolution shall apply. SECTION 2-102: DEFINITIONS Where a term used of this Resolution is not defined, the definitions in Article 2 of the Gunnison County Land Use Resolution shall apply. A. "Amendment 64": The voter -initiated amendment to the Colorado Constitution adopted November 6, 2012. Amendment 64 added Section 16 of Article XVIII to the Colorado Constitution. B. "Good Moral Character" means an individual who has a personal history demonstrating honesty, fairness, and respect for the rights of others and for the law. C. "Edible Retail Marijuana Product" means any Retail Marijuana Product which is intended to be consumed orally, including but not limited to, any type of food, drink, or pill. D. "Licensee" means any Person licensed pursuant to the Retail Code or, in the case of manufacturing license; retail marijuana cultivation facilities license; retail marijuana manufacturing facilities license; marijuana testing facilities license; and an off -premises storage license E. "Licensed Premises" means the premises specified in an application for a license pursuant to the Retail Code that are owned or in possession of the Licensee and within which the Licensee is authorized to cultivate, manufacture, distribute, sell, or test Retail Marijuana in accordance with the provisions of the Retail Code and these rules. F. "Local Safety Inspections": Licensees may be subject to inspection of the cultivation area by the local fire department, building inspector, or code enforcement officer to confirm that no health or safety concerns are present. The inspection may result in additional specific standards to meet local jurisdiction restrictions related to Retail Marijuana. An annual fire safety inspection may result in the required S Dominguez Gunnison County, CO 7/7/2014 3:16:33 PM 411111147 1111111III111111h1ILII 11lIIII11111111111E NN 627611 Page 7 of 22 80.000000 installation of fire suppression devices, or other means necessary for adequate fire safety. G. "Marijuana Cultivation Facility" is either a retail or medicinal facility licensed to cultivate, prepare, and package Marijuana and sell Marijuana to Marijuana Retail establishments and or Medical Marijuana Centers, but not to consumers. H. "Marijuana Facility License" is a license for either a Medical Marijuana Facility or a Retail Marijuana Facility -excluding the sale of marijuana to consumers. "Marijuana Manufacturing Facility" is either a retail or medicinal facility licensed to purchase Marijuana; manufacture, prepare, and package Marijuana Product; and sell Marijuana and Marijuana Product only to other Retail and Medicinal Marijuana Manufacturing Facilities and Retail Marijuana Stores and/or Medical Marijuana Centers, but not to consumers J. "Marijuana Testing Facility" means a public or private laboratory licensed and certified, or approved, to conduct research and analyze Retail and/or Medicinal Marijuana, Retail and/or Medicinal Marijuana Products and Retail and/or Medicinal Marijuana Concentrate for contaminants and potency. K. "Medical Marijuana" means marijuana that is grown and sold pursuant to the Medical Code and includes seeds and Immature Plants. L. "Medical Marijuana Facility(ies)" means an medical marijuana -infused products manufacturing licenses, marijuana testing facilities licenses, and off -premises storage licenses regulated under 1 CCR 212-1, Series 100 through 1400, Medical Marijuana Rules. Medicinal sales of marijuana are prohibited in unincorporated areas of Gunnison County. M. "Medical Marijuana Center" means a Person licensed pursuant to the Medical Code to operate a business as described in section 12-43.3-402, C.R.S., and sells medical marijuana to registered patients or primary caregivers as defined in Article XVIII, Section 14 of the Colorado Constitution, but is not a primary caregiver. N. "Owner" means the Person or Persons whose beneficial interest in the license is such that they bear risk of loss other than as an insurer, have an opportunity to gain profit from the operation or sale of the establishment, and have a controlling interest in a Retail Marijuana Establishment license, and includes any other Person that qualifies as an Owner pursuant to Rule R 204. O. "Retail Marijuana" means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate, that is cultivated, manufactured, distributed, or sold by a licensed Retail Marijuana Establishment. "Retail Marijuana" does not include industrial hemp, nor does it include fiber produced from stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient S Dominguez Gunnison County, CO 7/7/ 2014 3:16:33 PM 447 11111111111111110111111111111INTIn1111111 ISI1111 627611 Page 8 of 22 R0.0000.00 combined with marijuana to prepare topical or oral administrations, food, drink, or other product. P. "Retail Marijuana Facility(ies)" means any facility licensed under the local authority for cultivation facilities, retail marijuana manufacturing facilities licenses, and retail marijuana testing facilities and regulated under Colorado Retail Marijuana Code found at sections 12-43.4-101 et. seq., C.R.S. Retail sales of marijuana are prohibited in unincorporated areas of Gunnison County. Q. "Retail Marijuana Cultivation Facility" means an entity licensed to cultivate, prepare, and package Retail Marijuana and sell Retail Marijuana to Retail Marijuana Establishments, but not to consumers. R. "Retail Marijuana Produce' means a product that is comprised of Retail Marijuana and other ingredients and is intended for use or consumption, such as, but not limited to, edible product, ointments and tinctures. S. "Retail Marijuana Products Manufacturing Facility" means an entity licensed to purchase Retail Marijuana; manufacture, prepare, and package Retail Marijuana Product; and sell Retail Marijuana and Retail Marijuana Product only to other Retail Marijuana Products Manufacturing Facilities and Retail Marijuana Stores. T. "Retail Marijuana Store" means an entity licensed to purchase Retail Marijuana from a Retail Marijuana Cultivation Facility and to purchase Retail Marijuana Product from a Retail Marijuana Products Manufacturing Facility and to sell Retail Marijuana and Retail Marijuana Product to consumers. U. "Retail Marijuana Testing Facility" means a public or private laboratory licensed and certified, or approved by the Colorado Marijuana Control Division, to conduct research and analyze Retail Marijuana, Retail Marijuana Products and Retail Marijuana Concentrate for contaminants and potency. V. Samples Provided for Testing. A Retail Marijuana Cultivation Facility may provide samples of its Retail Marijuana to a Person holding a Retail Marijuana Testing Facility license for testing and research purposes. The Retail Marijuana Cultivation Facility shall maintain the testing results as part of its business books and records. W. "State Licensing Authority" means the authority created for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, and sale of Medical Marijuana and Retail Marijuana in Colorado, pursuant to section 12-43.3-201, C.R.S. X. The Colorado Retail Marijuana Code (Article 43.4 of Title 12, C.R.S.) establishes a new procedure that allows for the dual licensing by the State Licensing Authority and the Local Licensing Authority of the retail cultivation, manufacture, distribution, and sale of retail marijuana and retail marijuana products. Y. "THC" means tetrahydrocannabinol. S Dominguez Gunnison County, CO 7/7/2014 3:16:33 PM 447 11111111 II 111111110111111101111111111111110101111111 627611 Page 9 of 22 R 0.00 D 0.00 ARTICLE 3: INITIAL LICENSE SECTION 3-101: PURPOSE. The purpose of Article 3 is to delineate a process for applying for a Marijuana Facility License. SECTION 3-102: SEQUENCE OF REVIEW AND APPROVALS. Applications for both a Land Use Application and a License for a Marijuana Facility shall be concurrently reviewed. However, final approval of a Land Use application for a Marijuana Facility must occur prior to the public hearing for a Marijuana Facility License. A County License for a Marijuana Facility shall not become effective until a State of Colorado License for a Marijuana Facility has been approved. SECTION 3-103: PRE -APPLICATION MEETING AND PREAPPLICATION SUBMITTAL. Before submitting an license application to the County, any person applying for a Marijuana Facility License shall request a pre -application meeting with the Gunnison County Community Development Department. SECTION 3-104: APPLICATION SUBMITTAL. Following a pre -application meeting for a Marijuana License with the Gunnison County Community Development Department, an applicant seeking a License shall submit a complete application to the Community Development Department. SECTION 3-105: REVIEW BY REFERRAL AGENCIES. Upon determination that the application is complete, the Community Development Department may submit the application for review and recommendation to referral agencies and organizations, including other County offices and departments, and municipal, or state offices having an interest in or authority over all or part of the proposal. SECTION 3-106: APPLICATION REQUIREMENTS. A. MEDICINAL MARIJUANA FACILITIES: All applications for Medical Marijuana Facilities shall be made upon forms provided by the County and shall include the following supplemental materials: 627611 S Dominguez Gunnison County, CO page 10 of 11 7/7/2014 3:16:33 PM R 0.00 0 0.00 447 11111111111 I III III I11{ lftI 1WM I lNl ll l 111 111111F 1. Identity of the owner of the property on which the premises is located; 2. Provide consent for a criminal background check. 3. A site plan of all buildings on the property where the premises is located, including a floor plan showing how the floor space is or will be used, parking for the premises, total floor area of the building(s), and the nature and location of any existing or proposed exterior lighting and signage; 4. A description of the operational plan for the facility including hours of operation, number of employees, anticipated loading and delivery traffic and frequency, and hazardous or flammable material storage and usage. 5. A detailed narrative description of how the application complies with the standards for a license in Article 5 of this Resolution. 6. A list of all other uses on the property; 7. A list of alcohol or drug treatment facilities, licensed child care facilities, parks, public buildings, public trails, places of worship, and educational facilities (below college grade level) within 1000 feet as measured from the closest point of the subject property lines; 8. A mailing list for all property owners within 1000 feet as measured from each boundary of the subject parcel; 9. A copy of the state sales tax license for the business if applicable; medical marijuana -infused products manufacturing license applications, information about which medical marijuana center is associated with the business; 10.A description with dimensions of all exterior signage proposed on the property; 11. Description of security measures to prevent theft and to minimize fire danger; and 12.A description of measures to eliminate or mitigate odors from the facility. B. RETAIL MARIJUANA FACILITIES: All applications for Retail Marijuana Facilities shall be made upon forms provided by the state and shall include: 1. Identity of the owner of the property on which the premises is located; 2. Provide consent for a criminal background check. 3. A site plan of all buildings on the property where the premises is located, including a floor plan showing how the floor space is or will be used, parking for the premises, total floor area of the building(s), and the nature and location of any existing or proposed exterior lighting and signage; 4. A description of the operational pian for the facility including hours of operation, number of employees, anticipated loading and delivery traffic and frequency, and hazardous or flammable material storage and usage. 5. A detailed narrative description of how the application complies with the standards for a license in Article 5 of this Resolution. 6. A list of all other uses on the property; 7. A list of alcohol or drug treatment facilities, licensed child care facilities, parks, public buildings, public trails, places of worship, and educational facilities (below college grade level) within 1000 feet as measured from the closest point of the subject property lines; 8. A mailing list for all property owners within 1000 feet as measured from each boundary of the subject parcel; 9. A copy of the state sales tax license for the business if applicable; for 1 ON S Dominguez Gunnison County, CO 7/7/2014 3:16:33 PM 441 11IIIII111 1111 I111IIVI 1111111111111111111111111 627611 Page 11 of 22 R 0.00 D 0.00 10.A description with dimensions of all exterior signage proposed on the property; 11. Description of security measures to prevent theft and to minimize fire danger; and 12.A description of measures to eliminate or mitigate odors from the facility. C. WAIVER OF SUBMITTAL REQUIREMENTS: The Board may, at its discretion, waive specific submission requirements or require the submission of additional materials as may be useful in making a determination under this Resolution. SECTION 3-107: PUBLIC HEARING: The license application for a Marijuana Facility License shall be considered by the Board following a properly noticed public hearing and after receiving all applicable land use approvals. A. COMMUNITY DEVELOPMENT DEPARTMENT REPORT. The Community Development Department shall prepare a staff report for the Authority that identifies whether the applicant based on review of the application and input from referral agencies, complies with the licenses requirement set forth in Article 5 of this Resolution. The staff report may also recommend additional mitigation or conditions that might be necessary. B. SITE VISIT. The Authority may schedule a site visit to view the site. C. NOTICE OF HEARING. Public notice shall be given in compliance with Section 3- 112 of the Land Use Resolutioh with the following exemptions and additions: 1. PUBLICATION OF NOTICE. The publication of notice in the newspaper and posting of sign on property shall occur no less than fifteen (15) days prior to the date of the hearing. 2. NOTICE TO AFFECTED REAL PROPERTY OWNERS. No less than fifteen (15) days prior to the date of the public hearing by the Board, the applicant shall provide written notice of the public hearing, via certified mail, to all real property owners within 1000 feet of the subject property. 3. BOARD DECISION. Following the public hearing, the Board shall approve, approve with conditions, or deny the application based upon the Marijuana Licensing Standards set forth in Article 5 of this Resolution. SECTION 3-108: BOARD TO IMPOSE CONDITIONS ON LICENSE. The Board may impose such reasonable terms and conditions on a license as may be necessary to protect the public health, safety, and welfare, and obtain compliance with the requirements of this regulation and applicable State regulations. SECTION 3-109: TERM OF LICENSE. A marijuana facility license shall be valid for 3 years from the date of approval of such licenses. S Dominguez Gunnison County, CO 7/7/2014 3:16:33 PM 447 1111111111101111111111111111111011111111110111111 627611 Page 12 of 22 R 0.00 D 0.00 ARTICLE 4: ACTIVITY AFTER INITIAL LICENSE SECTION 4-101: RENEWAL OF LICENSES. A. LICENSES VALID FOR THREE YEARS: A Marijuana Facility License shall be valid for a period of three years or upon the expiration and non -renewal of the associated license, whichever occurs first. Renewal of any local license is subject to the laws and regulations effective at the time of renewal, which may be substantially different than the regulations currently in place. B. TIMING OF RENEWAL APPLICATION: A licensee shall submit a renewal application, along with all renewal and operation fees, at least 45 days before the expiration of the license C. APPLICATION REQURIED FOR RENEWAL: Annually license holders will be required to renew their licenses by submitting a renewal application to the Community Development Department. D. FEES PAID: The Fee for Renewal is set forth in Article 6 of this Resolution and must be paid in full upon the submittal of an application. E. RENEWAL DENIED: If a renewal application is denied, the applicant, may appeal that renewal to the Board. F. PUBLIC HEARING: In the event of an appeal, a public hearing shall be scheduled with the Board in conformance with Section 3-107 G. DENIAL OF STATE LICENSE: Upon denial or revocation of a state license, any license issued under these regulations shall be null and void. H. FEDERAL LAW: If a court of competent jurisdiction determines that the issuance of Colorado local licenses and permits violates federal law, the Board reserves the authority to suspend or revoke all licenses issued by this Resolution, with no ground for appeal or other redress on behalf of the licensee. SECTION 4-102: CHANGE IN OWNERSHIP A. NOTIFICATION OF CHANGE IN OWNERSHIP: A Licensee must notify in writing the Gunnison County Community Development Department of any change in ownership prior to a change in ownership. B. TRANSFER OF OWNERSHIP. Any license issued under this Resolution is not transferable or assignable. Any change of ownership shall require a new license. C. CHANGE OF LOCATION. Any license granted under this Resolution is limited to the location(s) specified on the license application. Operation of a Medical Marijuana Facility or a Retail Marijuana Facility at a new location requires a new license. D. MODIFICATION OF PREMISES. Modification of any building structure where a Medicinal Marijuana Facility or Retail Marijuana Facility is located is subject to all S Dominguez Gunnison County, CO 7/7/2014 3:16:33 PM 447 11111111111111111110111111II101111111111111111110111111 627611 Page 13 of 22 R0.00D0.00 applicable provisions of the Land Use Resolution and County Building Code. In addition, upon the application for a building permit to modify a licensed premises the licensee shall notify the Gunnison County Community Development Department in writing regarding the nature of the modification and pay the modification fee. A modification of premises will be reviewed by the Community Development to determine ongoing compliance to this Resolution and any conditions imposed on a license. If there is a proposed change to a premise that may result in a material change to the operation of a marijuana facility, the Community Development Director may require a renewal application of the licensee of a Marijuana Facility. 5 Dominguez Gunnison County, CO 627611 717/2014 3:16:33 PM Page 14 of 22 447 R 0.00 D 0.00 11111111111111111111II11111111111111111111111111IIIIII1111111 13 ARTICLE 5: STAN DARDS SECTION 5-101: STANDARDS: The Board must find the following to approve a license: A. LACK OF CRIMINAL HISTORY: The applicant and principal employees of a marijuana facility have no history of criminal activity indicating moral turpitude. Applicants shall provide suitable evidence of a Persons' proof of lawful presence, residence, and good character and reputation that the Board may request. The applicant must also consent to a criminal background check of the applicant and its principal employees. B. HARMONIOUS LAND USE: The use and any associated signage is not identifiable as a Marijuana Facility from adjacent property, nor any arterial road, public trail, or public park. The applicant must demonstrate to the Board's satisfaction that there is no measurable detrimental impact to adjacent property which cannot be mitigated, and the applicant has demonstrated to the Board that the facility will be harmonious with its surrounding uses. C. APPLICABLE PROPERTY OWNERS ASSOCIATION APPROVAL: The applicant must provide written consent for the use from the Property Owners Association if an active association exists for the subject property. D. ODOR: Odors from any marijuana facility shall not be detectable and noticeable at the boundary to adjacent properties. Facilities shall be equipped with proper ventilation systems so that odors are filtered and do not materially interfere with adjoining land uses. E. FRE AND SECURITY EMERGENCY SERVICES: Applicable Fire Districts and the Sheriff's Department will receive applications for their review and comment. Concems related to public safety received from emergency services must be avoided or mitigated to the Authority's satisfaction. F. PUBLIC SERVICES: The Applicant shall demonstrate that there are adequate public services to support the proposed use. 5 Dominguez Gunnison County, CO 7/7/2014 3:16:33 PM 447 11111111111 1 1111IU II1I11111II11IItUI1II11111111111111111111 14 627611 Page 15 of 22 R 0.00 D 0.00 SECTION 5-102: FINAL DECISION: The Board may approve or approve with conditions a license that meets all of the standards in Article 5. The Board shall deny an application that does not comply with the licensing requirement in Article 5. S Dominguez Gunnison County, CO 627611 7/7/2014 3:16:33 PM Page 16 of 22 447 R 0.00 D 0.00 1 101111 II 111111 11 11111N111111 Ill 111.8M II I1II lit 15 i S Dominguez Gunnison County, CO 7/7/2014 3:16:33 PM 447 MINIMA 111111111111 illill131111111111111111111 627611 Page 17 of 22 R 0.00 D 0.00 SECTION 6-101: FEES FOR AN INITIAL LICENSE ARTICLE 6 FEES The fees for a new or initial license and the operating fees which shall be collected prior to processing an application for an initial license are the following: A. Fees for a Medical Marijuana Facility: Application fee .... $3500 Operating fee $1000 B. Fees for a Retail Marijuana Facility Application fee .... $3500 Operating fee $1000 Only one application fee shall be required per business, except that a business in multiple locations in unincorporated Gunnison County must pay licensing and renewal fees for each location. The operating fee will be refunded if the Board denies the application. The Application fee may be refunded if the land use application for a marijuana facility is denied. The Board of County Commissioners has authority to set and amend fees. SECTION 6-102: FEES FOR ACTIVITY AFTER AN INITIAL LICENSE A. Fees for a Medical Marijuana Facility: Renewal fee $1500 Operating fee $1000 License modification fee $1000 Pending application modification fee $ 125 B. For a Retail Marijuana Facility Renewal fee $1500 Operating fee $1000 License modification fee $1000 Pending application modification fee $ 125 Only one application or renewal fee shall be required per business, except that a business in multiple locations in unincorporated Gunnison County must pay licensing and renewal fees for each location. The License modification fee is applicable to applications where there is request to change ownership or a desire to modify the physical design/lay out of 16 licensed facility. The operating fee will be refunded if the Renewal Application is denied.. All other fees are nonrefundable. The Board of County Commissioners has authority to set and amend fees. 5 Dominguez Gunnison County, CO 7/7/2014 3:16:33 PM 447 q p (` {� ��11 llWW NN�� II II``II IIII IIg 1I1I11 ,,II 1 11��I11 9 8 1111 111 IN1 IIID 1111 I1I 1111 M (1I111I11f� fU 627611 Page 18 of 22 R 0.00 D0.00 a ARTICLE 7: OPERATIONAL REQUIRMENTS SECTION 7-101: OPERATIONAL REQUIREMENTS. A. BUSINESS CONDUCTED WITHIN BUILDING: All activities associated with Medical Marijuana Facilities and Retail Marijuana Facilities must be conducted inside the facility and must not be visible from the exterior of the business. B. BUSINESS CONDUCTED CONSISTENT WITH THESE STANDARDS AND LICENSE CONDITIONS: All Medical Marijuana Facilities and Retail Marijuana Facilities must continue to maintain and operate the businesses consistent with County and State regulations related to marijuana facilities. C. COMPLIANCE WITH STATE AND COUNTY REGULATIONS: All licensed Medical Marijuana Facilities and Retail Marijuana Facilities must continue to maintainand operate the businesses consistent with County and State regulations related to marijuana facilities and any conditions applied to a State and County licenses. In addition, reasonable inspections as specified in Section 7-102 shall not be prevented by the owner to determine compliance with state and county regulations. SECTION 7-102: INSPECTIONS By signing and submitting a license application, the applicant gives Gunnison County the permission to access the property to conduct inspections as may be required under state or local licensing law. In addition, the owner of the premises authorizes the Board, its designee, and the Gunnison County Building Official or the official's designee, to enter and inspect the premises. In addition, the owner of the premise authorizes the applicable Fire District to conduct routine annual fire and safety inspections of the premise. Such inspections, if necessary, shall take place at a reasonable time with prior notice to the property owner, and prior to a determination on the application. Upon request, the owner of the premises shall timely provide the Board with records related to the business. This Section shall not limit any inspection authority permitted under any other provision of law or regulation. S Dominguez Gunnison County, CO 7/7/2014 3:16:33 PM 447 11III1II n n 1111111111111 II11 illi{ 11u1 {1111111111111111111111 18 627611 Page 19 of 22 R 0.00 D 0.00 ARTICLE 8: ENFORCEMENT SECTION 8-101: GENERAL This Resolution shall be enforced in accordance with the requirements of Colorado law and as provided in this Artide. Each enforcement remedy can be invoked by Gunnison County independently or in conjunction with any or all of the other enforcement remedies. SECTION 8-102: AUTHORIZATION TQ ENFORCE. The Board, County Manager, County Community Development Director, the Community Development Director's designees, County Attorney, County Building Inspector, County Environmental Health Official, County Public Works Director and such other persons as the Board may designate, are charged with and authorized to enforce all the requirements of this Resolution. SECTION 8-103: RIGHT OF ENTRY AND INSPECTION When a person charged with enforcement of this Resolution has reasonable cause to believe that any activity is being conducted or any condition exists on a licensed premise which is contrary to or in violation of this Resolution or any permit issued pursuant to this Resolution, any person charged with enforcement of this Resolution may enter and inspect a licenses marijuana facility as per Section 7-102 to determine compliance with this Resolution. If entry is refused, or the owner or person having charge or control cannot be located after reasonable effort, the Board or its designee shall apply to the District Court, Gunnison County, for an order to permit entry. Nothing in this Section precludes or constrains any entry upon or into, or inspection of, any land or into a building otherwise permitted by law. SECTION 8-104: NOTIFICATION TO CORRECT VIOLATION When a person charged with enforcement of this Resolution has reasonable cause to believe that any activity is being conducted or any condition exists on a licensed premise which is contrary to or in violation of this Resolution or any permit issued pursuant to this Resolution, the Community Development Director shall give written notice to the owner or other person having charge or control of such premise, by certified mail, retum receipt requested at the last known address. The notification shall state which requirements of this Resolution, or of a permit are being violated, shall state the conditions that are to be satisfied for compliance, and shall state that the violator shall correct the violation within 30 days of receipt of the notification. Such written notification is cumulative to, and not a prerequisite to, any other enforcement remedies available to Gunnison County. The Community Development Director shall issue a written compliance letter only if the activity or condition that is the basis of the notice has been remedied. s Dominguez Gunnison County, CO 627611 7/7/2014 3:16:33 PM Page 20 of 22 447 R0.0000.00 1111111111111.11111111111111111111111111111111111111111111111 19 SECTION 8-105: ORDER TO CORRECT VIOLATION A. COMMUNITY DEVELOPMENT DIRECTOR MAY ISSUE ORDER. When a person charged with enforcement of this Resolution has reasonable cause to believe that any activity is being conducted or any condition exists on any licensed premise which is contrary to or in violation of this Resolution or any permit issued pursuant to this Resolution, the Community Development Director may, by written notice ("stop order"), order the activity or use stopped immediately or by a time certain. The stop order shall state the conditions that shall be satisfied for compliance. The stop order shall be served by delivering it to any person engaged in that activity or use, or to any person owning, leasing, or controlling the licensed premise, or by posting the order in a conspicuous location on the land, building or other structure B. IMMEDIATE COMPLIANCE REQUIRED. All persons shall comply immediately with the stop order upon its service or posting, as set forth above. c. STOP ORDER LIFTED ONLY BY COMPLIANCE ORDER. The stop order shall remain in effect until the Community Development Director determines that the activity or condition that is the basis for the stop order has been remedied, and the Planning Director issues a written compliance order that is served by Gunnison County. D. DISCRETIONARY BOARD REVIEW. At its discretion, the Board may review and amend the stop order. E. STOP ORDER NOT A PREREQUISITE TO OTHER REMEDIES. The issuance of a stop order is cumulative to, and not a prerequisite to any other enforcement remedies available to Gunnison County SECTION 8-106: SUSPENSION OR REVOCATION OF PERMIT A. HEARING SCHEDULED. When the Community Development Director determines that reasonable cause exists to believe that a license was issued under this Resolution, in substantial reliance on erroneous or misleading information or representation from the applicant or hislher representative, or that any activity is being conducted on a licensed premise which is contrary to or in violation of this Resolution, the Board shall schedule a hearing to determine whether that permit shall be suspended or revoked. B. NOTICE OF HEARING. The Board shall give written notice of the hearing to the owner of the subject land by mailing notice, certified, retum receipt requested at the last known address, postmarked at least 15 days before the hearing. The notice shall contain a summary of the grounds for the potential suspension or revocation. C. HEARING DATE MAY BE ADVANCED. The owner of the subject land may request in writing that the hearing be scheduled sooner than the scheduled hearing date. If the Board receives the request more than two working days before a regularly scheduled Board meeting, the hearing must be advanced to that Board meeting or the next regularly scheduled Board meeting. 23 S Dominguez Gunnison County, CO 7/7/2014 3:16:33 PM 447 INMIIIIVI1IIUIIIv!IlLIIISIVIIIillVINI1111IN1111 627611 Page 21 of 22 R0.0000.00 D. DEMONSTRATION BY CREDIBLE EVIDENCE. At the hearing, the Community Development Director shall have the burden to demonstrate, by credible evidence, that the license should be suspended or revoked. E. GENERAL STANDARDS. The license shall be suspended or revoked if, after the close of the hearing, and based on credible evidence, any one of the following findings is made by the Board: 1. BASED ON MISLEADING INFORMATION OR MISREPRESENTATION. The license was issued in reliance on materially erroneous or misleading information from the applicant or his/her representative; or 2. VIOLATION OF CONDITIONS OF LICENSE OR RESOLUTION. Activity is being conducted on a licensed premise is a violation of this Resolution, a land use approval, or any permit issued pursuant to this Resolution. F. DECISION OF BOARD. Within five days after the close of the hearing, the Board shall render its decision on the suspension or revocation of the license. G. NOTIFICATION. Notification of the Board's decision shall be provided by the Community Development Director to the landowner, by certified mail postmarked within seven days of the Board's decision. H. REVOCATION OF LICENSE BY COUNTY. If a licensed is revoked, all operations and uses allowed under the license shall be terminated effective immediately upon the revocation order. A new license application must be applied for and granted to reopen a Marijuana Facility that has received a revocation order. a. REVOCATION OF LICENSE BY STATE. If the State revokes or suspends a license for a Marijuana Facility, the County license for the facility shall be suspended until such time as a valid State license is presented to the Community Development Department. The County may also investigate a licensed facility based on a State revocation and may take other enforcement action as allowed in this Resolution. J. CUMULATIVE REMEDY. The Board's right to suspend or revoke a license as provided in this Section shall be cumulative to, and not a prerequisite to, any other enforcement remedies available to the Board. SECTION 8-107: NO ACTION FOR PERSONS SUBJECT TO ENFORCEMENT ORDERS No application shall be processed or approved pursuant to this Resolution, and no Building Permit shall be issued by Gunnison County, for or to any person who is responsible for a violation that is the subject of an existing Stop Order, Suspension, or Revocation Order. The enforcement remedy provided by this Section shall be cumulative to, and not a prerequisite to, any other enforcement remedy provided by this Resolution. S Dominguez Gunnison County, CO 7/7/2014 3:16:33 PM 447 1111110111111111111111100011111111111111111111111111111 627611 Page 22 of 22 R 0.00 D 0.00 cuT1�n Cowaty GUNNISON COUNTY, COLORADO MARIJUANA FACILITY LICENSE APPLICATION GUNNISON COUNTY COMMUNITY DEVELOPMENT DEPARTMENT PLANNING OFFICE 221 N. WISCONSIN ST, STE D., GUNNISON, CO 81230 TELEPHONE: 970-641-0360 FAX: 970-641-8585 Website: httD:Nwww.aunnisoncounty.ora/Dlannina.html Email: plannina(aunnisoncountv.ora DATE RECEIVED BY COMMUNITY DEVELOPMENT DEPT..: / / APPLICATION FEE PAID : / 1 APPLICANT NAME (If the applicant is not the owner of the land, the applicant shall submit a notarized letter signed by the owner consenting to the submittal. Consent of the owner for submittal shall imply consent by the owner for the County to complete the review process.): MAILING ADDRESS: CITY: PHONE (day): FAX: STATE: ZIP: PHONE (Mobile): E-MAIL ADDRESS: PROPERTY OWNER (If other than applicant, a notarized letter from the property owner consenting to this application, must be submitted. If the applicant is not the sole owner of the land, the applicant shall submit a notarized letter(s) signed by all other owners, and/or by an association or corporation representing the owners, consenting to, or joining in, the application.): NAME: MAILING ADDRESS: CITY: PHONE (day): FAX: STATE: ZIP: (evening): E-MAIL ADDRESS: PRIMARY CONTACT PERSON and AUTHORIZED REPRESENTATIVE (The person the Community Development Department should contact regarding scheduling of meetings and information for this application. A NOTARIZED LETTER from the property owner authorizing the representative must be submitted. ) NAME: MAILING ADDRESS: CITY: PHONE (day): FAX: STATE: I ZIP: (evening): E-MAIL ADDRESS: LOCATION AND TYPE OF FACILITY LOCATION OF PROPOSED ADDRESS: NAME OF SUBDIVISION (If MARIJUANA FACILITY applicable) PARCEL NUMBER: TYPE OF MARIJUANA FACILITY (CIRCLE ALL APPLICABLE) TYPE OF APPLICATION Is facility in an existing structure? (Circle Appropriate Answer) If using an existing structure, is an expansion planned that would increase the square footage of the facility? (Circle Appropriate Answer) Legal Description of facility 1. Cultivation 2. Manufacturing 3. Testing Type of Application: Fee j—I New Application $3,500 =Operating Fee* $1,000 [Renewal Application $1,500 License Modification Application $1,000 =Pending Application modification $ 125 (*Operating Fee required for New and Renewal Applications) Yes No Yes No By How many square feet: LIST OF SUBMITTAL MATERIALS The following are required to be included and addressed in the license application submittal. 1. A notarized letter documenting that the property owner (If different from the Applicant) provides consent for the use of the facility on their land. 2. If the proposed facility is located at Riverland or Signal Peak Industrial Parks the applicable home owners association must provide consent from the Home Owners Association (if that association is active) 3. If the proposed facility is located at Gold Basin Industrial Park provide a letter from the Gunnison County Public Works Department that property owner consent has been provided to apply for a license application. 4. Provide a copy of the completed applicable Land Use Change Application which depending on use and location could be one of the following applications: a. Minor Impact Application; b. Administrative Review Application; or c. Gold Basin Industrial Park Special Area Regulation Application (applicable to all Marijuana Facilities proposed in Gold Basin Industrial Park). 5. A copy of all State of Colorado License applications that have been submitted to the State to receive a State license for a marijuana facility. The County will request the results of a criminal background check from the State of Colorado. Submission of this application will provide consent to review and disclose criminal background information in the licensing process. 6. A to scale site plan of all buildings on the property where the premises is located, including a floor plan showing how the floor space is or will be used, parking for the premises, total floor area of the building(s), and the nature and location of any existing or proposed exterior lighting and signage; 7. A to scale vicinity map showing and describing adjacent uses. 8. Provide a physical description which could include architectural elevations, photographs, landscaping, topography and narrative to describe how the proposed facility would be harmonious with adjacent uses. 9. A list of all other uses on the property including uses that may share the proposed structure; 10. A copy of the state sales tax license for the business, if applicable. 11. A detailed description of the operational plan for the facility including hours of operation, number of employees, anticipated loading and delivery traffic and frequency, and hazardous or flammable material storage and usage. 12. A detailed narrative (i.e a specific plan for B -F) description of how the application complies with the standards for a license that include: A. LACK OF CRIMINAL HISTORY: The applicant and principal employees of a marijuana facility have no history of criminal activity indicating moral turpitude. Applicants shall provide suitable evidence of a Persons' proof of lawful presence, residence, and good character and reputation that the Board may request. The applicant must also consent to a criminal background check of the applicant and its principal employees. B. HARMONIOUS LAND USE: The use and any associated signage is not identifiable as a Marijuana Facility from adjacent property, nor any arterial road, public trail, or public park. The applicant must demonstrate to the Board's satisfaction that there is no measurable detrimental impact to adjacent property which cannot be mitigated, and the applicant has demonstrated to the Board that the facility will be harmonious with its surrounding uses. C. APPLICABLE PROPERTY OWNERS ASSOCIATION APPROVAL: The applicant must provide written consent for the use from the Property Owners Association if an active association exists for the subject property. D. ODOR: Odors from any marijuana facility shall not be detectable and noticeable at the boundary to adjacent properties. Facilities shall be equipped with proper ventilation systems so that odors are filtered and do not materially interfere with adjoining land uses. E. FIRE AND SECURITY EMERGENCY SERVICES: Applicable Fire Districts and the Sheriff's Department will receive applications for their review and comment. Concerns related to public safety received from emergency services must be avoided or mitigated to the Authority's satisfaction. F. PUBLIC SERVICES: The Applicant shall demonstrate that there are adequate public services to support the proposed use. 13. A list of alcohol or drug treatment facilities, licensed child care facilities, parks, public buildings, public trails, places of worship, and educational facilities (below college grade level) within 1000 feet as measured from the closest point of the subject property lines; 14. A mailing list and a map (showing the parcels) for all property owners within 1000 feet as measured from each boundary of the subject parcel (This can be generated through Gunnison County online GIS system); 15. A copy of the state sales tax license for the business if applicable; medical marijuana -infused products manufacturing license applications, information about which medical marijuana center is associated with the business; 16. A description with dimensions of all exterior signage proposed on the property; 17. Description of security measures to prevent theft and to minimize fire danger; 18. A description of measures to eliminate or mitigate odors from the facility. Attachments/Resources for both Marijuana Facility Licenses and Completing the Land Use Change Applications Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: (See http://gunnisoncounty.org/409/Application-Forms) Frequently Asked Questions (Read this first!) Marijuana Facility Licensing Regulation Land Use Resolution Amendments related to Marijuana Facilities Gold Basin Industrial Park Special Area Regulations Useful Land Use Applications 1. Administrative Review 2. Minor Impact Review 3, Gold Basin Industrial Park Nttactolent fregead tt uetAtIv PAced Questioos kftits Attachment B: Marijuana Facility Licensing Regulation Attachment C: Land Use Resolution Amendments related to Marijuana Facilities Attachment D: GoId Basin Industrial Park Special Area Regulations Attachment E: Useful Land Use Applications 1. Administrative Review 2. Minor Impact Review 3. Gold Basin Industrial Park Frequently Asked Questions for Licensing and Land Use Approvals for a Marijuana Facility in Gunnison County Where do I start? CaII 970-641-0360 to schedule a pre application meeting with the Gunnison County Community Development Department. It is also recommended you call the Marijuana Enforcement Division at 303-205-8421 to begin the State Process. The State's web site is at http://www.colorado.gov/cs/Satellite/Rev- MMJ/CBON/1251592985130 . You can also find the States regulations through this web site. Where can I find Gunnison County Regulations? Go to http://gunnisoncounty.org/346/Regulations-Guidelines to find the regulations on line. Please note that the following regulations are applicable to marijuana facilities in Gunnison County: • Marijuana Facility License • Land Use Resolution • Special Area Regulations: o Gold Basin Industrial Park o Industrial Park Special Area Regulations o Crested Butte South Other regulations that may be applicable include: • Applicable Building, Plumbing, Electrical and other construction related codes • Crested Butte Fire Prevention District — International Fire Code • Onsite Waste Water Treatment (Previously referred to as ISDS regulations) Regulations How is the Gunnison County and State Licensing processes connected? The State of Colorado Marijuana Enforcement Division and the Gunnison County Community Development Department will make every effort to coordinate both the licensing application process, inspections, and ongoing administration of licenses. First it is important to note that the State will verify that County approvals have been granted prior to final approval of a state license and the County will conditions its approvals upon receiving State approval. Also, if a State or County license becomes invalid for any reason, a facility will not be allowed to operate. It should also be recognized this is a new industry and a new relationship between Gunnison County and the State of Colorado and we will make every effort to coordinate the licensing process for an applicant. It is recognized that this is an evolving and complex regulatory process given that it requires two levels of government to permit a marijuana facility. So we ask that you please be patient L as we work with both the State, applicants, and community on refining the regulatory process. What do I need to apply for and be approved for to open a business? You need to receive approvals from both the State of Colorado and Gunnison County to operate a marijuana facility? Specific marijuana related approvals that an applicant must receive include: 1) State of Colorado License from the Marijuana Enforcement Division 2) Gunnison County, Colorado Marijuana Facility Licenses 3) Gunnison County, Colorado Land Use Change Permit Approval Other needed approvals not solely related to Marijuana Facilities include: • Building Permits, • On Site Waste Water Treatment System Permit, and • Gunnison County Public Works Reclamation and Driveway Access Permit. What type of Marijuana facilities are allowed in unincorporated Gunnison County? Only Marijuana Cultivation, Manufacturing, and Testing Facilities are allowed in unincorporated Gunnison County. What type of Marijuana facilities are prohibited in unincorporated Gunnison County? Facilities that sell either retail or medicinal marijuana to consumers in unincorporated Gunnison County are prohibited. Where could I locate a Marijuana Facility in Gunnison County? There are three industrial parks in Gunnison County where marijuana cultivation, manufacturing, and testing facilities could be considered including: Riverland, Signal Peak and Gold Basin Industrial Parks. It should be noted that a letter of consent from the Homeowners Association is required in Riverland and Signal Peak for the Community Development Department to accept a license application. If you are interested in a facility at Gold Basin Industrial Park, please contact the Gunnison County Public Works Department at 641-0044. Gunnison County is the property owner of Gold Basin Industrial Park. Cultivation facilities can be considered in other (outside of one of the three Industrial Parks) locations in Gunnison County but will require approval of a Minor Impact Application. How much will it cost? Marijuana License Fee(s): New Application fee $3500 Operating fee $1000 (for new and renewal apps) Renewal fee (after three years) $1500 License modification fee $1000 Pending application modification fee $ 125 Common Land Use Change Fees Administrative Application. $250 Minor Impact Application $1250 There may be other permit and/or regulatory costs depending on the type, nature, location of a facility being proposed. How long will it take? If using an existing facility in an industrial park (once property owner and HOA approval has been received) and if the land use review involves an administrative application we anticipate the review process for both the licensing and land use approvals to take two to three months. If a Minor Impact permit must be received, then the time frame could extent to four to six months. This is only a very general time frame, given this a new licensing process and that State approval must be received before a County permit is valid. The following are considerations for the time frame for the licensing and land use process: • Has a complete application for both a License and a land use change been submitted to the County? • Is the location in one of the three Industrial Parks? • Is it in an existing building? • Will the land use process involve an administrative or minor impact review application? • Are their potential conflicts with the proposed use and the adjacent uses? • The processing time for a license with the State Marijuana Enforcement Division? • Are there other building, septic permits that must be received? • Is there available water (legally and physically) and waste water treatment facilities to accommodate the proposed use. • Does the applicable Fire Protection District support the application(s). How long is a Gunnison County License valid? A license is valid for three years. It is anticipated that the County's regulations will evolve and change as this industry evolves. Facility operators will be expected to comply with new regulations as they evolve. What happens if the ownership of a facility changes? If the ownership of a facility changes, a new application will be required for a facility. Is there an easy way to find information on a property and generate a mailing list for notifying property owners within 1000 feet of a property? Yes there is! Go to http://gis.gunnisoncounty.org/public/default_map.aspx for an interactive map. Under mapping tools you can insert an owner's name, an address, or parcel number to find (press find) a specific property. This can both show the location of the property and bring up a Results screen that includes a link to the County Assessors site. What other sources of information are available to get more information on applications and permits. You can also go to http://gunriisoncounty.org/436/Permit-Database to review the status of both land use and marijuana license applications and permits. For applications and information on applications go to: http://gunnisoncounty.org/409/Application-Forms Where can I find local contacts 1 may need for the Licensing, Land Use, and Building Code Processes? Community Development Department (Marijuana Licensing, Land Use Review, Septic System Permits, Building Permits) Plumbing Permit: Electrical Permit: Driveway Access Permit ( for development that accesses Gunnison County roads) and Reclamation Permits: Highway Access Permit (for development that accesses Colorado and Federal highways): Well Permit (Your well driler can also obtain the permit for you): Gunnison County Community Development Department Russell Forrest, Director Blackstock Government Center 221 N. Wisconsin Street, Suite D Gunnison, Co 81230 970-641-0360 Examining Board of Plumbers, State of Colorado Andy Clark, Plumbing Inspector 1560 Broadway, Suite 1350 Denver, Colorado 80202 (303) 869-3471 Phone (855) 470-4719 Toll Free Phone (303) 869-0397 Fax (855) 515-8197 Toll Free Fax Website to obtain permits online: http://www.dora.state.co.us/Plumbing/onlinepermitsystem.htm Colorado State Electrical Inspector Paul Shelley 1560 Broadway, Suite 1350 Denver, Colorado 80202 (303) 869-3462 Phone (855) 470-4716 Toll Free (303) 869-0350 Fax (855) 515-8194 Fax Toll Free To obtain permits online: http://wvirw.dora.state.co.us/electrical/ Gunnison County Public Works Department 195 Basin Park Drive Gunnison, CO 81230 Marlene Crosby/Allen Moores, (970) 641-0044 Colorado Department of Transportation 222 So. 6th Street, Room 317 Grand Junction, CO 81501-2769 (970) 248-7225 Website: http://www.dotstate.co.us/AccessPermits/index.htm Colorado Division of Water Resources 818 Centennial Buiding 1313 Sherman Street Denver, CO 80203 (303) 855-3581, or in Montrose, (970) 249-6622 Website for information about well permits: http://water.state.co.us/groundwater/groundwater.asp 1 Individual Sewage Disposal System (ISDS) Permit: Dos Rios Water Treatment Plant (water and sewer line locates): Crested Butte Fire Protection District: Gunnison County Environmental Health Office 221 N. Wisconsin Street, Suite D Gunnison, CO 81230 Crystal Lambert (970) 641-0360 FAX: (970) 641-8585 Dos Rios Water Treatment Plant 38130 W. Highway 50 Gunnison, CO 81230 Mark Templeton (970) 641-8565 Crested Butte Fire Protection District 306 Maroon Avenue PO Box 1009 Crested Butte, CO 81224 (970) 349-5333 Ric Ems, Fire Marshall and Scott Wimmer, Fire Inspector TO: Chair Unger, Commissioner Baney and Commissio ler DeBone FR: Deschutes County Business Owners and Residents DA: May 2,2016 RE: Sensible regulations for cannabis businesses in Deschutes County Dear Chair Unger, Commissioner Baney and Commissioner DeBone: We are local residents and voters in Deschutes County, including cannabis farmers, processors and edible makers, licensed dispensary owners and other allies of Deschutes County's cannabis business community. We appreciate the thoughtful and inclusive process the Board of Commissioners has undertaken to develop regulations for licensed cannabis businesses. Over the last several weeks, the Marijuana Advisory Committee you appointed to develop recommendations on cannabis land use regulations reached consensus on numerous items, and in particular on rules governing noise, odor and light from cannabis production. These "friendly neighbor" regulations address concerns we all share about preserving the quality of life we enjoy in Deschutes County. Now that the County has developed a workable set of regulations, we respectfully request that you move swiftly to implement the will of the voters, end the increasingly harmful delay on licensing, and avoid a costly and divisive "do over" ballot measure campaign. Responsible regulations will promote public safety, preserve livability, and bring jobs and economic growth to our county. Sincerely, 1,588 Deschutes County residents and the Oregon Cannabis Association the (-)lepprt ,.tl)(l 1i)!` 'itiSric"t:.11lc)/ f.:i !)!?1t-f.)!f)!7t /i/ !(`S4lO!),iI ,12,5OcL)tri)1l re°preser)tirr.; f)rr)c i-5 Ors. �'rlil.)Ir: 1n,.rkers, (I(Sf)t 1rti,lrir's, ,111(1 )IJif. cl I r,r>irle�s( s irrcl),Idir1;; I,;Ir')r,)t0lh',, 4r -c trrity ,1rlrJ tr,ulwpc)r(a(rnn fl10t.'iclerti nl Irt:;al !II"1 LI 1111,)r!i hfI e,rl)I33I)1)-rr'13tc'CI I?USlrlf's.c.'> tl1/r_i(lgIlrrflt OI('F;(1!}, May 2, 2016 Deschutes County Residents - Oregon Cannabis Association 1. Nathaniel Garibaldo Deschutes 2. Christina Matthies Redmond 3. Will Morgan Bend 4. Matt Storey Deschutes 5. Ashlee Erich Deschutes 6. Cody Erlich Bend 7. Justin Willging Bend 8. Beau Burdick Bend 9. Austin Harris Bend 10. Jordan McGivney Bend 11. Ray Jones Bend 12. Whitney Powe Bend 13. Megan Willmon Bend 14. Lane Langford Bend 15. Luke Orton Bend 16. Othaniel Edwards Bend 17. Joseph Tanner Bend 18. John Pickard Bend 19. Carly Colson Bend 20. Adam Brewer Bend 21. Christopher LaCoss Bend 22. Kate Bezzina Bend 23. Jeri Clement Bend 24. Mike Diehl Bend 25. Garrett Buckley Bend 26. Karan Roaf Sisters 27. Laura Reed Bend 28. Robert Harsin Bend 29. Brandon Thomas Bend 30. Trevor Rowell Bend 31. Collin Wood Bend 32. Vernon Roberson Bend 33. Kenneth Jahola Bend 34. Kim Montgomery Bend 35. Steven Stadlmann Bend 2 36. Bridget Nolan Bend 37. Stephen Pedrazzi Redmond 38. Amy Pedrazzi Redmond 39. Erin Strange Bend 40. Timothy Bryant Bend 41. Carl Patrick La Pine 42. Dakota Leesex Bend 43. Samantha Burch Bend 44. Joseph Bechard Bend 45. Elizabeth Seabone Redmond 46. Hayle Smith Hudson Bend 47. Billy Parker Redmond 48. Tiffani Breitels Bend 49. Rawlin Woods Bend 50. Cassie Everman Bend 51. Bruce Heatly Bend 52. Mariah Hagenbach Bend 53. James Johnson Bend 54. Kendra Anderson Bend 55. Faith Perry Bend 56. William More Bend 57. Kyle Welsh Bend 58. Lindsey Olin Bend 59. Jain Wilson Bend 60. Tom Offerman Bend 61. Lisa Flynn Bend 62. Eric West Bend 63. Diane Kosman Bend 64. Amanda Henkel Bend 65. Greg Ereman Deschutes 66. Mary Edwards Deschutes 67. Michael Boone Bend 68. Jackie Capaso Bend 69. Krystal Juhola Bend 70. Taurus Franklin Sunriver 71. Johanna Goldsby Deschutes 72. Jake Thompson Bend 73. Austin Cavaress Bend 3 74. Angela Jonas Bend 75. Steven Whitney Bend 76. Santiago Casanueva Bend 77. Eric Von Hurst IV Bend 78. Jason Lusk Bend 79. Geoff Stofle Bend 80. Robert Parler Bend 81. Lucas Gustafson Bend 82. Aaron Smith Bend 83. Johannah Quinlan Bend 84. Jennifer Briggs Bend 85. Cole Krewson Bend 86. Stephen Langberg Bend 87. Josh Adams Bend 88. Sara Olson Bend 89. Nick Rinn Bend 90. Markus Waller Bend 91. Leonard LaFon Bend 92. Paul Burola Bend 93. Mckenzie Curtis Deschutes 94. Jesse Szabo Bend 95. Guy Brooke Bend 96. Nick Salka Bend 97. Avanlee Scholtes Bend 98. Corey Crofoot Bend 99. Sanya Christie Bend 100. Bryan Vanderlind Bend 101. Natashia Edwards Deschutes 102. Adrian Brunette Bend 103. James Appling Bend 104. Nick Russell Bend 105. Alejandra Canales Bend 106. Will Weimers Bend 107. Martin Moore Bend 108. Renee Morton Bend 109. Isabella O'Hair Bend 110. Craig Marcum Bend 4 111. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. 127. 128. 129. 130. 131. 132. 133. 134. 135. 136. 137. 138. 139. 140. 141. 142. 143. 144. 145. 146. 147. Juliana Dakota Emma Samantha Chris Jennifer Tyria Sean Melissa Bill Stephanie Molly Natasha Janelle Danas Mathew Alexander Brendon William Kassi Toni Adam Trista Damien Jacob Brandi Travis Melissa Sara Diane Brian Nate Codie TJ Tyler Ginger Emily Bourque Hatlon Bons Liles Newson Peskin Mayse Karnes Zuniga Morris Whitson McDowell Dunton Storns Culp Pack Mollman Hall Teegarden Lean Walker Helser Rhondes Ranions Pooschke Hall Burnett Skyles Dowley Kurz Tyler Smode Hayes Messina Hygbee Dufrene Cole Remington Bend Bend Bend Bend Bend Bend Deschutes Bend Deschutes Deschutes Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Redmond Bend Bend Bend 5 148. 149. 150. 151. 152. 153. 154. 155. 156. 157. 158. 159. 160. 161. 162. 163. 164. 165. 166. 167. 168. 169. 170. 171. 172. 173. 174. 175. 176. 177. 178. 179. 180. 181. 182. 183. 184. 185. Caleb Allyse Joe Darian Victor Rys Natalie Lois Nicole Josh William Cameron Eric Nicole Danny Nicole Lukas Melanie Micah Raquel Gabe Jazzmin Jeremy Anastasia Grant Michalah Briana Gianna McKenzie Haelie Lorenzo Joel Sara Aaron Aaron Alex Amanda Amarantha Harrison Anstine Brunel Hurd Herrera Parker Goodwin Edngelfried Zoske Thompson Slout Browning Mondragon Vanzandt Hughes Behar Vitalis Hightower Ross Hoe -Pedro Parr Rippa Oprish Hill Myridal Baghdad Franzke Brigida Searles Headlee Islas Brannics Seifert Phelps Brandt Foster Benkert Weaver Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Redmond Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Redmond Bend 6 186. 187. 188. 189. 190. 191. 192. 193. 194. 195. 196. 197. 198. 199. 200. 201. 202. 203. 204. 205. 206. 207. 208. 209. 210. 211. 212. 213. 214. 215. 216. 217. 218. 219. 220. 221. 222. 223. Wendi Alex Beverly Erik Moriah Robert Buck Harold Carlos Caspar Caitlin Jacob Christopher Christy Ryan Caleb Jeff Chris Connor Corey Courtney Pat David Daniel Christopher Desiree Cynthia Dan Andy Jocelyn Daniel Edward Ethan Eugene Emily Eric Valerie Fernando Wampler Berger Grinage Bogue Britt McDougle Johnson Clark Cummings Kinsella Bouffard Chaney Dublisky Clark Seeley Stoddart Clarke Mallory OBrien Crain Saxton Crinnion Williams Bartz Deck Seay Dunwoody Mais Anderson Anderson Keeton McDonald Holliday Strobeck Cofer Scruggs Thompson Herrera Deschutes Bend Bend Bend Bend Deschutes Tumalo Deschutes Bend Bend Deschutes River Woods Alfalfa Redmond Bend Bend Bend Redmond Bend Bend Bend Bend Bend Bend Bend Bend Bend Redmond Sisters Alfalfa Alfalfa Bend Deschutes Terrebonne Bend Bend Bend Bend Bend 7 224. Ben Anderson 225. Ferd Lagos 226. Shaney Messner 227. Bryan Giles 228. Philip Pursche 229. Ryan Marks 230. Juliet Hayden 231. Heather OConnell 232. Hillary Hurst 233. Andrew Newcomb 234. Timothy Flanagan 235. Maryann Brown 236. Ron Houck 237. Tim Middleton 238. Ivy Grzybowski 239. Jason Cardenas 240. Tarik Hayward 241. Jacob Smith 242. James Cox 243. Jennifer Demoran 244. 245. 246. 247. 248. 249. 250. 251. 252. 253. 254. 255. Reid William J. Jacob James Jasine Jonathan Julie Josie Joe Joe Cassandra Kate 256. Kaysen 257. Kristen 258. Kirk Walch Threlkeld Hadar Staszko Krohnke Normand Rappleye Hanneman Strening Vinella Windus Harper -Smith Oakley Lilleboe Carroll Bend Deschutes Bend Redmond Tumalo Bend Bend Bend Bend Bend Sisters Bend Bend Redmond Deschutes Bend Deschutes Bend Prineville Junction Deschutes River Woods Deschutes Bend Bend Bend Bend Bend Bend Bend Bend Bend Deschutes Bend Bend Bend Alfalfa 8 259. Kyle Oneil Deschutes 260. Kyle Cofer Deschutes 261. Laura Coombs Bend 262. Larry Tucker Bend 263. Doug Westerhoff Bend 264. Linnea Cairns Alfalfa 265. Kelly Legate Redmond 266. Anthony Sandoval Redmond 267. Lawrence Andersen Bend 268. Lucca Brown Bend 269. Matt Beilhart Bend 270. Christine Marcano Alfalfa 271. Breanna Matson Alfalfa 272. Mark Capps Bend 273. Mason Hay Bend 274. Matthew Van Hemelryck Alfalfa 275. Matthew Korish Bend 276. Daniel Martin Alfalfa 277. Megan O'Neill Bend 278. Michael Clark Bend 279. Mike Shibel Bend 280. Mike Wert Bend 281. David Escalante Redmond 282. Gage Trujillo Bend 283. Nathan Rouse Bend 284. Nathan Goodbaudy Bend 285. Nicole Sandoval Deschutes 286. Charelle Stanley Bend 287. Wesley Ray Bend 288. Ashley Ruble Deschutes 289. Ellen Parkin Bend 290. Michael Ingram Bend 291. Tori Pearce Bend 292. Peter Shelton Bend 293. Peter OConnor Tumalo 294. Sarah Viles Bend 295. Branden Foster La Pine 9 296. Murphy 297. Rachel 298. 299. 300. 301. 302. 303. 304. 305. 306. 307. 308. 309. 310. 311. 312. 313. 314. 315. 316. 317. 318. 319. 320. 321. 322. 323. 324. 325. 326. 327. 328. 329. 330. 331. Bruce Ryan Ryan Ryan Ryan Scott Samantha Katie Philip ShaVaughn Sheldon Spencer Sharlee Gavin Staci Chris Steven Stewart Justin Tanner Terry Teresa Travis Carsten Jennifer Tony Troy Dave Ulisses Andrew Will Richard Mike Ryan Moore Burgraff Robinson Martyn McAdler Watts Jones d Rozic Miller Sayers Ricci Lockett Colgrove Knowles Hughes Swanson Carsten Erickson Thompson Wilent Stines Shearer Ryder Blakinger Carter Carlile Youngbauer Grissen Patterson McRae Faurrieta Wachs Burton Sutter Guest Schmiege Bend Prineville Junction Bend Alfalfa Alfalfa Bend Bend Bend Bend Deschutes La Pine Alfalfa Alfalfa Bend Sunriver Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Deschutes River Woods Bend Bend Redmond Deschutes Bend Bend Bend Deschutes 10 332. Joe Cade Bend 333. Taylor Zehner Redmond 334. Lindsey Thomas Deschutes 335. Zoey Oliver Bend 336. Jared Rettig Bend 337. Colin Dole Bend 338. Gary Baxter La Pine 339. Dante Delvecchio Tumalo 340. Patricia Neubauer Deschutes 341. Hunter Neubauer Alfalfa 342. Geoffrey Cushmore Bend 343. Michael Galleher Bend 344. Melissa Burch Deschutes 345. Joel Way Bend 346. Kieran Connolly-Ng Bend 347. Eric McPhese Deschutes 348. Cody Coffman Bend 349. William Taylor Bend 350. Rachel Dorn Terrebonne 351. Lisa Page Bend 352. Dillon Jenkins Bend 353. Craig Olsen Deschutes 354. Mike Kelso Bend 355. Miles Britton Deschutes 356. Chris Reitenbaugh Alfalfa 357. Ryan Waiste Bend 358. Christian Wariner Deschutes 359. Bryan Morgan Bend 360. Victoria Black Bend 361. Kevin Hogan Deschutes 362. Oliver Ohlinger Bend 363. Greg Service Bend 364. Jeremy Jones Deschutes 365. Patrick Leary Bend 366. Aimee Stuart Bend 367. Clint Clark Deschutes 368. Samuel Chally Bend 11 369. 370. 371. 372. 373. 374. 375. 376. 377. 378. 379. 380. 381. 382. 383. 384. 385. 386. 387. 388. 389. 390. 391. 392. 393. 394. 395. Christina Pat Brook Joe David James Ashley Kody Alexander Susan Casey Lisa Nanette Alma Steven Gareth Charles Jack Kalyn Barrett Tyler Tristan Mark Jeremy Chris Jared Jeremiah 396. Cody Brandon Anthony Lindsey Daniel Andrew Rosemary Bastian John Tyler 397. 398. 399. 400. 401. 402. 403. 404. 405. Hadar Hughes Fleming Zagunis Kellner -Rode Gernhart Bond Reams Mangan Geister Hopkins Carini Beyale Lopez Cronin Griffes Senatore Tate Glover Dash Wolk Reisfar Boatwright Coon Robbins Whitney Corradinifisher Tumalo Tumalo Deschutes Tumalo Alfalfa Sisters Bend Bend Redmond La Pine Tumalo Bend Deschutes Terrebonne Bend Bend Bend Bend Bend Bend Alfalfa Bend Bend Deschutes River Woods Deschutes Bend Bend Lane Three Rivers Simmons Santana Pate Shandy Hornig Larsen Brandt Omoletski Rowe Bend Bend Deschutes Bend Bend Bend Sisters Bend Bend 12 406. 407. 408. 409. 410. 411. 412. 413. 414. 415. 416. 417. 418. 419. 420. 421. 422. 423. 424. 425. 426. 427. 428. 429. 430. 431. 432. 433. 434. 435. 436. 437. 438. 439. 440. 441. 442. 443. Jacob George Hayle Jessica Taylor Terri Tom Bob Christine Robert Christy Adam Sequoia Georg James Ryan Carlos Ashley Christie Goldie Corey Jennifer William Andy Hortencia James Jack Dan Joseph Mark John Jenny Katherine Christy Tim Jocelyn Kelly Lesley Hawes Young Hudson Hill Rembowski Common Rainwater Helms Campbell Haro Lay Silva Edwards Olden Eitzen Downer Perez Lovely Smith Berencsi Spurlock Chapman Nelson Satterfield Covarrubias Hart Robson Pilver Breeden Heinlein Short Tucker Duarte Collacott McCoy Pintar Hollis Jones Bend Bend Bend La Pine Deschutes Tumalo Bend Deschutes Bend Bend Redmond Sisters Bend Bend Terrebonne Bend Bend Bend Redmond Bend Redmond Bend Bend Tumalo Prineville Junction Deschutes Bend Bend Deschutes River Woods Bend Deschutes Bend Sisters Bend Deschutes Bend Bend Bend 13 444. Brent Bidot Bend 445. James Martin Sunriver 446. Jr Torres Bend 447. Cassandra Wheeler Bend 448. Shane Thomas Deschutes 449. Dar Brown Bend 450. Alysha Cox Bend 451. Patrick Ely Bend 452. Jesse Long Tumalo 453. Lillian Hallock Bend 454. Terisa Clawson Bend 455. Matthew Clune Deschutes 456. Doug King Bend 457. Cacey Thomas Bend 458. Oliver Jones Deschutes 459. Holly Weig Bend 460. Tyrell Piefer Deschutes 461. Emily Sesso Bend 462. Roy Sheeran La Pine 463. Sandy Watkins Bend 464. Jeffrey Lugar Deschutes 465. Mariah Miller Redmond 466. Clayton Kellogg Prineville Junction 467. Brooke York Prineville Junction 468. Baleria Reyes Bend 469. Lafe Hove Bend 470. Shawneen Fagnani Redmond 471. Edward Tomlin Bend 472. Mark Nowak Redmond 473. Kevin Watson Bend 474. Nicolai Spring Deschutes River Woods 475. Kristin Castro Bend 476. Mark Schwartz Bend 477. Susan Elrod Bend 478. Kimberly Richards Bend 479. Annie O'Rourke Bend 480. Maryann Burritt Deschutes 481. Vivian Monohan Bend 14 482. David Hutchens Prineville Junction 483. Rochelle Dowdy Bend 484. Gary Hall Bend 485. Glenn Kotara Sunriver 486. Jeremy Klettke Bend 487. Cory Lucas Redmond 488. Colin Higgins Terrebonne 489. Wendy Sutherland Deschutes River Woods 490. Heidi Sheeran La Pine 491. Teresa Dowling Redmond 492. Valori Wells Kennedy Sisters 493. Lindsay Quisinberry Deschutes 494. Gabriel . Johnson Bend 495. Marci Roberts Bend 496. Sierra Sabadin Bend 497. Susan Gilson Bend 498. Ron Mcguire Bend 499. Ryan Daugherty Deschutes 500. Lori Sullivan Deschutes 501. Turner Brantley Bend 502. Vicki Alloy Deschutes 503. Julyn Andrews Deschutes 504. Dallas Boyd Terrebonne 505. Skylar Kayser Bend 506. Megan Haycraft Bend 507. Sky Soren Bend 508. Kevin Williams Deschutes 509. Forrest Samples Deschutes 510. Steve Lawson Bend 511. Kimbirli Blackford Bend 512. Phillip Baca Bend 513. Matthew Cox Deschutes River Woods 514. April Baynes Bend 515. Sue Rogers Deschutes River Woods 516. Nick Harsell Bend 517. Jeffrey Carrington Bend 518. Michelle Carrillo Bend 519. Ashlie . Yee Bend 15 520. 521. 522. 523. 524. 525. 526. 527. 528. 529. 530. 531. 532. 533. 534. 535. 536. 537. 538. 539. 540. 541. 542. 543. 544. 545. 546. 547. 548. 549. 550. 551. 552. 553. 554. 555. 556. Dawn Taylor Katelyn Robert Josh Bill Nathan James April Krystin Chelsea David Sean Laura Brent Frank James Rob Nate Ron Taryn Alexander Russ Trevor Kaitlyn Edwin Nicholas Jason Cash Geoff Chris Cameron Nicholas Maria Cassandra Chelsey Alejandra Cox Garbutt Riesch Hagner Chambers Gannon Alvis Draper Hamlin -Simmons Hoggard Simmons Horton Brogan Kulju Goodman Roberson Deleone Winnenberg Wyeth Watkins White Larsson Pennavaria Nelson Hoffman Price Toigo Croxen Smith MacNaughton Colazo Yee Luz Alarcon Thompson Richards Mendez La Pine Deschutes Bend Bend Bend Bend Bend Redmond Tumalo Deschutes River Woods Redmond Bend Bend Bend Deschutes Bend Terrebonne Bend Bend Bend Redmond Bend Deschutes Deschutes Deschutes Bend Bend Bend Bend Bend Bend Alfalfa Sunriver Redmond Bend Bend Bend 16 557. 558. 559. 560. 561. 562. 563. 564. 565. 566. 567. 568. 569. 570. 571. 572. 573. 574. 575. 576. 577. 578. 579. 580. 581. 582. 583. 584. 585. 586. 587. 588. 589. 590. 591. 592. 593. 594. Alexandra Ashley Augustine Joel Tiffanny John Kevin David Annette David Taylor Michael Dennis Stephen Jay Nathaniel Sean Sarah Matthew Justin Terri Christopher Anthony Dustin Toni Caryn Amanda Taryn Amie Grayson Angel Richard Gregory Katie Kirsten Lori May Melanie Howes Delepine Brunette Herb Barlettani Blackford Spencer Ordonez Garcia Desgagnes Giaco mini Leiser Rogers Duarte Blank Simms Whalen Grimes Grimes Campbell Penrod Pate Gonzalez Newman Jolovich Higginbotham Moore Hoffenkamp McGee Vandermeer Wells Romero Graham Larsen Werley Cline Nir Butler Deschutes Bend Redmond Redmond Bend Bend Tumalo Bend Bend Prineville Junction Bend Bend Bend La Pine Deschutes Bend Bend Bend Alfalfa Bend Prineville Junction Deschutes Bend Bend Bend Deschutes Deschutes Bend Bend Bend Deschutes Bend Bend Bend Bend Bend Deschutes La Pine 17 595. 596. 597. 598. 599. 600. 601. 602. 603. 604. 605. 606. 607. 608. 609. 610. 611. 612. 613. 614. 615. 616. 617. 618. 619. 620. 621. 622. 623. 624. 625. 626. 627. 628. 629. 630. 631. 632. Alyssa Nora Philip Mandee Hilary Elizabeth Lauren Connor Harrison Paul Blake Lauren Melanie Leila Jared Christina Joseph Hannah Kimberly Austin Peter Mason Todd Sarah Christopher Michael Misty Laurie). Oliver Morgan Rub Josh Cody Dawn Dave Brittany Brett Lincoln O'Connor Beck True Seeley Dulany Chally Clark Jones Taube Williams Miller Lansing Rainwater Carter DiSeria Moyer Webb Rehberg Wood Leonard Neubauer Hardie Krupa Wright Emerson Williams Williams Uding Rew Schmidt Reed Drinkard Layton Peterson French Nzubauer Campbell Farnsworth Deschutes Bend Bend Bend Bend. Bend Bend Bend Bend Deschutes Terrebonne Bend Sisters Deschutes Bend Bend Bend Bend Bend Deschutes Deschutes Bend Sunriver Redmond Bend Bend Deschutes Redmond Bend Deschutes Sisters Bend Bend Bend Deschutes Bend Bend Deschutes 18 633. Atrayo Woodside Bend 634. Kayla Gordon Bend 635. Jonathan Lopez Bend 636. Eric Carne-Mcpherson Bend 637. Jim Kearman Bend 638. Torrian Ferguson Bend 639. Amy Erickson Deschutes 640. Amanda Larkin Bend 641. Reagan O'Neill Deschutes 642. WI Salter Bend 643. Samantha Morris Bend 644. Jesse Stark Tumalo 645. J. Meyers Deschutes 646. Jessica Sabadin Bend 647. Ryan Hemly Deschutes 648. Jennifer Honda Bend 649. Victor Garcia Redmond 650. Paul Hewes Bend 651. Sarah Harrage Bend 652. Kimberly Drew Deschutes 653. Robert Aid Bend 654. Jona McLaughlin Deschutes 655. Carla Craft Bend 656. Justice Dickerson Bend 657. Joe Hovorka Bend 658. Cameron Scott Bend 659. William Embry Bend 660. Donnie . Stockwell Bend 661. Christine Flatt Bend 662. Rebecca Gilbert Bend 663. EA Littlefield Bend 664. Matthew DuBois Bend 665. Heather Bixel Redmond 666. Ian Mccracken Bend 667. Johanna Crisman Deschutes 668. Melanie Morge Redmond 669. Tyler Rennels Bend 19 670. Asa Jean Bend 671. Cody Schaefer Bend 672. Madelyn Vincent Bend 673. Jana Larson Bend 674. Stefanie Nelson Bend 675. Chad Jenkins Bend 676. Garrick Swopes Bend 677. Dakotz Whipple Bend 678. Frank Walter Bend 679. Diana Timmermans Bend 680. Josh Bourke Bend 681. Doug Boger Bend 682. Barbara Boger Bend 683. Michael Jerome Bend 684. David Mareth Bend 685. Phil Torchio Bend 686. Avery Osborne Bend 687. Krista McNeill -Osborne Bend 688. Shawn Morgan Bend 689. Keith Steensen Bend 690. Trena Tauner Bend 691. Loretta Waldbillig Bend 692. Claire Hafer Bend 693. Cheyenne Varna Bend 694. David Mitchell Bend 695. Andrew Falls Bend 696. Alex Morrow Bend 697. Daisy Olivera Redmond 698. Lacey Headley -Collier Bend 699. Tyler Scott Bend 700. Justin Howell Deschutes 701. Max Bivens Bend 702. Mitch Aschoff Bend 703. Neil Korn Bend 704. Tylor Sowards Bend 705. Mark Cehrbass Bend 706. Thyia Marshall Bend 707. Mark Fierro Bend 20 708. Jessica Rajules Deschutes 709. Noemy Moreno Bend 710. Marco Maldonado Redmond 711. Roy Rubio Bend 712. Devin Cooper Bend 713. Chris Brewer Redmond 714. Virginia Herbert Bend 715. Sarah Henninger Bend 716. Shawn Harvey Bend 717. Brian Rea Bend 718. Gail Umbenhour La Pine 719. Dylan Sumrall Bend 720. Nate Owens Bend 721. Reven Wold Bend 722. Aime Maxwell Bend 723. Angi Natalie Deschutes 724. Mandy . Griffith Deschutes 725. Adam Forbes Bend 726. Amethyst Miller Bend 727. Ted Moody Bend 728. Liz Burum Bend 729. Margaret Aven Bend 730. Gerogia Maccrone Bend 731. Travis Vitello Bend 732. Derek Daniels Bend 733. Dean Cambron Bend 734. Leslie Freeman Bend 735. Ryan Mitchell Bend 736. Jesse Ford Redmond 737. Tanner Gaff Bend • 738. Ronny Dean La Pine 739. Michael Maness Redmond 740. Monica Stringer Bend 741. Richard Carr Bend 742. Jennifer Williams Bend 743. Karen Parker Bend 744. Mark Hiatt Bend 745. Jules Schimtz Bend 21 746. Steven Foster-Wexler Bend 747. Alissa Meehan Bend 748. Linda Taylor Bend 749. Neil Hyman Bend 750. Beth Larsen Bend 751. Amber Bylund Bend 752. Corey Nichols Bend 753. Aaron Brinegar Bend 754. lz Warrons Bend 755. Hayden Mayea Redmond 756. Delia Paine Bend 757. Meganne Englich-Mills Bend 758. Keaton Myrick Deschutes 759. Sather Ekblad Bend 760. Scott Goodenough Bend 761. Brandi Jordan Bend 762. Kevin Chandler Bend 763. Hannson Ruffin Bend 764. Rondo Boozell Bend 765. Michele Freeman Bend 766. Richard LeBlanc Bend 767. Ted Fowler Bend 768. Meri Rodby Bend 769. Megan Barnett Bend 770. Nick Sargent Bend 771. Deborah Beed Bend 772. Allan Clawson Bend 773. Donna Steece Bend 774. Kyle Mader Deschutes 775. Jo Miller Deschutes 776. Dayman Powell Bend 777. Samuel Jacobes Redmond 778. Scott Mckeeman Bend 779. Grace Beal Bend 780. Becki Sylvester Bend 781. Jonathan Sharpe Deschutes 782. Levi Warner Bend 783. Nick Maithonis Bend 22 784. Alivia Clement Bend 785. Edward Wilhelm Deschutes 786. Kaylob Giamanco Bend 787. Whitney Castleman Bend 788. Joel Frakes Bend 789. Beau Watts Bend 790. Matthew Rich Bend 791. Kirk Gonzalez Deschutes 792. Corey Merritt Bend 793. Eric Henderson Bend 794. Sabrina Sloan Bend 795. John Sannes Sisters 796. Lee Pritchard Bend 797. Inez Hagen Tumalo 798. Chris Seaborne Bend 799. Natasha Pepperling Bend 800. Shawn Klaus Bend 801. Tim Dawes Bend 802. Donald Stearns Deschutes 803. Melissa Peterson Deschutes 804. Marquet Beaton Terrebonne 805. J.R. Molesworth Terebonne 806. Erik Hoff Bend 807. Mitci Harns Bend 808. Rebecca Snider La Pine 809. Gary Snider La Pine 810. Ben Crompton Bend 811. Bill Lawler Bend 812. Henry Kim Bend 813. Candyce Park Sisters 814. Breker . Bateman Bend 815. Scott Wyatt Bend 816. Jeremy Auten Bend 817. Clifford Robson Sunriver 818. Latrece Robson Sunriver 819. Matthew Rasmussen Bend 820. William Sterner Bend 821. Quentin Jack Redmond 23 822. Joseph Anderson Bend 823. Yuri Chavez Bend 824. Eric Patton Deschutes 825. Dan Donofro Bend 826. Cody Mackenzie Deschutes 827. Danette Dilembo Bend 828. Leia Napoli Bend 829. David Beck Bend 830. William Kelley Bend 831. Ataya Swindlehurst Bend 832. Netjo Djukanovich Bend 833. Allie Calande Bend 834. Aaron Ellison Bend 835. Burt Hardin Bend 836. Corrine O'Shea Bend 837. Danielle Herron Bend 838. Dustin Silva Bend 839. Jose Benavides Deschutes 840. Mark Schuette Bend 841. Jon Chancellor Bend 842. Tyler Guindon Bend 843. Derek Goaham Bend 844. Dylan Ballenger Bend 845. Michael Gregory Bend 846. John Burris Deschutes 847. Aaron Pugh Bend 848. Ariel Jasper Bend 849. Max Pintas Bend 850. Charissa Cheek Bend 851. Martha Stutzman Bend 852. Kelly Ayres Bend 853. Josh Smolar Bend 854. Laura Elmore Deschutes 855. Jim Burns Bend 856. Sandra Kroo Deschutes 857. Clay Teague Bend 858. Erin Hair Bend 24 859. Dennis Doyle Deschutes 860. Micah Rushing Bend 861. Marla Hoover Bend 862. Cherie Aronson Bend 863. Khyley Haugen Redmond 864. Bradley Waddell Bend 865. Eric Rominger Bend 866. Jake Brown Bend 867. T Lewis Scott Bend 868. Christine Komons Bend 869. Randy Grossly Bend 870. Syndra Schmidt Bend 871. Eli Sandine Deschutes 872. Emily Ducan Bend 873. Sam Quinn Bend 874. Tyler Santos Bend 875. Patrick Oldhamp Bend 876. Lynda Wilson Bend 877. Janette Hofman Bend 878. Devon Matteis Bend 879. Casey Kohl Bend 880. Jackson Frisbie Bend 881. Alex Gredingin Bend 882. Sarah Carner Bend 883. Ashley Bushnell Bend 884. Brandon Gross Bend 885. Tim Frandsen Deschutes 886. Rita Shearer Deschutes 887. Cody Smith Deschutes 888. Sarah Rush Bend 889. Travis Gold Terrebonne 890. Kerri Rosenblatt Bend 891. Harley Mann Bend 892. Jamason Harlowe Bend 893. Adriane Tibbib Bend 894. Sam Cho Bend 895. Cori Morris Redmond 896. Matt Rock Redmond 25 897. Tiffany Moseley Bend 898. Ashley Neptune Bend 899. Michael Thornton Bend 900. Isaiah Jackson Redmond 901. Leslie Herrera Bend 902. Arthur Guerzon Bend 903. Wayne Cook Bend 904. Vincent Herbert Three Rivers 905. Victoria Garcia Bend 906. Trevor Gilbert Bend 907. Jared Hobbs Bend 908. Witney Seibel Sisters 909. Quinlan Beckner Bend 910. Sarah Field Bend 911. Vanessa Schulz Bend 912. John Gould Redmond 913. Amanda Burch Bend 914. Rosalinda Corning Bend 915. Gavin Sublen Bend 916. Mark Dejohn Bend 917. Ray Lundry Bend 918. Caleb Mcpherson Bend 919. Mitch Druery Bend 920. Kris Hasbun Bend 921. Whitney Cunningham Bend 922. Laura Herbert Sunriver 923. Jesse Smallwood Sunriver 924. Brandon Mozzetti Bend 925. Adam Cooke Bend 926. Kaitlin Khan Bend 927. Jake Ringold Bend 928. CS Rayson Bend 929. Laurie Callaghan Bend 930. Erik Horeis Bend 931. James Cooke Bend 932. Kerrie Pauly Bend 933. Nicholas. Baroni Bend 26 934. Hannah Heilicher Bend 935. Cole Whitney Bend 936. Paula Boling Bend 937. Gabriel Johnson Bend 938. Aaron Clemons Bend 939. Trevor Fladeland Sunriver 940. Deborah Seibert Bend 941. Jeff Chorney Bend 942. Robert Greenwalt Bend 943. Sarah Hady Bend 944. Mitch Peters Bend 945. Lindsey Reed Sisters 946. Jacob Rainey Bend 947. Amanda Seeley Bend 948. David Bradford Bend 949. Shonna Cunningham Redmond 950. Robert Sawyer Bend 951. Andrew Barnes Bend 952. Dana Prevost Bend 953. Lara Milton Deschutes 954. Elena Peytcheva Bend 955. Jessica Taylor Bend 956. Angelica Trudell Bend 957. Alexis Leonard Bend 958. Matt Noel Bend 959. Jaylene Lance Redmond 960. Lindsay Morgan Bend 961. Hailey Arnold Deschutes 962. Kehli Krumme Bend 963. Dylan Youngs Bend 964. Ethan Bowler Bend 965. Matt Vogel Bend 966. Joe Culbreath Redmond 967. Sara Marcy Bend 968. Steven Sanders Bend 969. Christina Caldaron Bend 970. Clay Bauer Bend 971. Ryan Massey Bend 27 972. Jillian 973. Jack 974. Tracy 975. Dillon 976. Rodrigo 977. John 978. Ty 979. Matthew 980. Sara 981. Jazmyne 982. Jamila 983. Jensen 984. Lionel 985. Anthony 986. Tom 987. Emily 988. Calvin 989. Frank 990. Mike 991. John 992. Dan 993. Tim 994. Adam 995. Tyana 996. Christopher 997. Ambra 998. David 999. Kayla 1000. Taylor 1001. Austin 1002. Michael 1003. Tabitha 1004. Jennifer 1005. Nathlie 1006. Melanie 1007. Cody 1008. Derrick 1009. Chris Zepeda Ashley Wilson White Gaspar Marvin Kennedy Bourgeois Mishran Hines Mundell Flaherty Ball Rivas Singer Rose Roberts Naples Taylor Merrill Planche Johnson Gutierrez Faler Mozingo St John Jairala Sulak Crocker Yager Sullivan Killoran Kemph Fino Monge Schofield Hidde Barth Sisters Deschutes Bend Deschutes Bend Bend Bend Deschutes Bend Deschutes Bend Deschutes Deschutes Bend Bend Bend Bend Deschutes Redmond Bend Bend Bend Deschutes Redmond Deschutes Bend Bend Bend Redmond Bend Bend Deschutes Bend Bend Redmond Deschutes Deschutes Bend 28 1010. James Varivell Deschutes 1011. Kyle Schytz Bend 1012. Bethany Wiltsey Deschutes 1013. Tyler Montgomery Bend 1014. Lexy Montgomery Bend 1015. Kristen Sheffield Bend 1016. Hayley Sage Deschutes 1017. Kyle Hyatt Bend 1018. Abigail Craig Bend 1019. Adrianna Rodriguez Bend 1020. Shannon Morton Bend 1021. William Morgan La Pine 1022. Jack Compton Bend 1023. Nate Klaus Deschutes 1024. Joseph Boyd Bend 1025. David Bryant Deschutes 1026. Miles Pittman Bend 1027. Lance Orton Deschutes 1028. Mike Lyon Deschutes 1029. Karen Roberts Deschutes 1030. David Lucarelli Bend 1031. Bryan Loring Deschutes 1032. Michael Ganong Deschutes 1033. Tim H Hilliard Deschutes 1034. Jeremy Poffenbarger Deschutes 1035. Pete Rodriquez Deschutes 1036. Matt Maurer Redmond 1037. Nathan Tomlinson Deschutes 1038. Timothy Jones-Heard Bend 1039. Jasmine Rios Bend 1040. William Westmoreland Bend 1041. Randall Meddaugh Deschutes 1042. Sierra Hastings Bend 1043. Jonathan Kibby Deschutes 1044. Jesse Christensen Bend 1045. Lynette Porter Terrebonne 1046. Enrique Valenzuela Deschutes 29 1047. Floy 1048. Chris 1049. Justin 1050. Jamie 1051. Amanda 1052. Tamara 1053. Thomas 1054. Alex 1055. Joe 1056. Devon 1057. Kim 1058. Kristina 1059. Judy 1060. Ryan 1061. Vonni 1062. Zachariah 1063. Chris 1064. Damion 1065. Sylvion 1066. Tyler 1067. Drew 1068. Sam 1069. Christopher 1070. Daniel 1071. Kim 1072. Chad 1073. Philip 1074. Brittney 1075. Jessi 1076. Zack 1077. Nathaniel 1078. Richard 1079. Olivia 1080. Brandy 1081. Jeremy 1082. Joel 1083. Prairie 1084. Rachel Sitts Young Warren Day Parker Boyd Townsend Smith VanGelde Lewis Schoonmaker Shortreed Lauriault Kolar Hofferber Hannan Adams Garner Titus Rone Costa Balyeat Van Allman Foust Chism Spoo Conner Bennett Williams Sahagian Morgan Landucci Haro Betsol Allen Hickman Enrich Nordenhok Deschutes Deschutes Bend Deschutes Bend Bend Deschutes Bend Bend Deschutes Redmnd Redmond Redmond Redmond Deschutes Redmond Bend La Pine Sunriver Bend Bend Deschutes La Pine Bend Bend Bend Redmond Bend Bend Deschutes Bend Deschutes Deschutes Deschutes Deschutes Bend Deschutes Bend 30 1085. Laurie Floyd Deschutes 1086. Chris Raymond Bend 1087. Kristy Colvin Deschutes 1088. Meghan VanCleave Redmond 1089. John Pugh Bend 1090. Melisa Wetzell Deschutes 1091. Metha Jones Bend 1092. April Benneett Bend 1093. William Willhuite Deschutes 1094. Cher Gunby Bend 1095. Nutasha Duran Bend 1096. Amber Silva La Pine 1097. Zachery Crumley Bend 1098. Wayne Glass Redmond 1099. Imelda Navat Deschutes 1100. Donovan Mahoney Bend 1101. Eric Laner Deschutes 1102. Brian Follick Deschutes 1103. Brianna Young Deschutes 1104. Pieter Ven den Berg Bend 1105. Jessica McCrea Terrebonne 1106. Jennifer Perez Deschutes 1107. Shawna Vail Deschutes 1108. Nicolas Watson Redmond 1109. Tomas Arambula Bend 1110. Michelle Ziegler Deschutes 1111. Spence Skeen Bend 1112. Rogelio Vidal Deschutes 1113. Matt Cooke Deschutes 1114. Peter O'Neil Bend 1115. Jessica Berry Deschutes 1116. Trevor Lingbeck Deschutes 1117. Masen Westmoreland Deschutes 1118. Jared Kapp Deschutes 1119. Toni Breslow Bend 1120. Jeremy Rudolph Deschutes 1121. Peggy Falcaro Deschutes 1122. Joseph Owens Deschutes 31 1123. 1124. 1125. 1126. 1127. 1128. 1129. 1130. 1131. 1132. 1133. 1134. 1135. 1136. 1137. 1138. 1139. 1140. 1141. 1142. 1143. 1144. 1145. 1146. 1147. 1148. 1149. 1150. 1151. 1152. 1153. 1154. 1155. 1156. 1157. 1158. 1159. 1160. Sharon Angela Matt John Bonnie Linda Erika Thaddeus Adina Mishal William Alecia Krystal Maegen Jeremy Brian Angela Jenni Robert Laticia Karlie Chantel Ashley Tom Jessica Angela Erika Zachariah Jason Kirk Corey Sean Dave Thomas Darrel Kevin Marcus Jared Morgan Benavente Benavente Thompson Thompson Hudda Warfield Betz Vowels Khan McMichael Wright Collins Hindson Carter Groves Christensen Hadley Bates Swartoult Chase Lewis Mooney Bidot Porter Reeves Gerold Marongon Sturdy Barnes Norman McMullen Poole Johnson Ward Estabrook Padilla Holman Bend Deschutes Deschutes Bend Bend Deschutes Bend Bend Bend Bend Bend Bend Bend Bend Deschutes Deschutes Bend Deschutes Deschutes Bend Bend Bend Bend Bend Bend Deschutes Powell Butte Deschutes Deschutes Bend Bend Deschutes Redmond Bend Deschutes Deschutes Deschutes Bend 32 1161. Rosemary Soto Deschutes 1162. Jennifer Barker Redmond 1163. Dustin Connell Redmond • 1164. Ken Stanwyck Deschutes 1165. Ian Reynolds Bend 1166. Jeremy Tucker Deschutes 1167. Chelsea Ortega Deschutes 1168. Ashlea Dolf Bend 1169. Denis Fahey Redmond 1170. Richard Jones Bend 1171. Kip Wilson Bend 1172. David Swanson II Deschutes 1173. Lori Howard Deschutes 1174. Anne Shelk Deschutes 1175. Ashley Bennett Redmond 1176. James Kotkins Bend 1177. Jeremy Lynn La Pine 1178. Jared Aprew Deschutes 1179. Samye Stills Redmond 1180. Travis Rosbach Deschutes 1181. Corey Settles Deschutes 1182. Jim Love Bend 1183. John Jordan Bend 1184. Deborah Dillow Deschutes 1185. Andrew Untermeyer Deschutes 1186. Joel Shaw Bend 1187. Robert James Bend 1188. Kara Sander Bend 1189. Will Johnston Deschutes 1190. Tiara Hines Bend 1191. Katie McQuaig Deschutes 1192. Robert Williams Redmond 1193. Jeffrey Myers Deschutes 1194. Earl Patteeuw Deschutes 1195. Amanda Hutchings Deschutes 1196. Patricia Rea Deschutes 1197. Alisha Thompson Bend 1198. Daniel Cahill Deschutes 33 1199. Andrew 1200. Lena 1201. Amanda 1202. Daniel 1203. Margaret 1204. Dean 1205. Matthew 1206. Steve 1207. Kimberly 1208. Peter 1209. Dalla 1210. Jayson 1211. Bill 1212. Cynthia 1213. Wendy 1214. Kenzie -Ann 1215. Erica 1216. Gerald 1217. Jacob 1218. Danielle 1219. Sheri 1220. Michelle 1221. Brian 1222. L Heather 1223. Kim 1224. Jessica 1225. Sarah 1226. Brad 1227. Mikayla 1228. Sean 1229. Austin 1230. Hector 1231. Andre 1232. Melissa 1233. Dennis 1234. Vickie 1235. Marybeth 1236. Tim Garrett Canchola Beale Showen Anderson Reiman St. John Savage Stephens Fedder Falley Barker Evans Evans McNeeley Boyer Perez Etherton Agalucci Olden Allen Ericksen Turner Lamberton Hazen Godina Wanocki Shate Bateman Graves Wishon Hernandez Clalack Conner Slimkowski Bennett McBryant Manning La Pine La Pine Deschutes Deschutes Deschutes Sisters Deschutes Bend Redmond Bend Deschutes Deschutes Bend Bend Deschutes Deschutes Deschutes Bend Bend Deschutes Deschutes Redmond Deschutes Bend Bend Deschutes Deschutes Deschutes Bend Bend Bend Deschutes Bend Bend Deschutes Bend Deschutes Bend 34 1237. Patricia Summers Bend 1238. Andre Antonio Bend 1239. Monte Sutton Deschutes 1240. Meshelle Faramarzinia Deschutes 1241. Robin Cantrell Deschutes 1242. Josh Anderson Bend 1243. Zachary Vandette Deschutes 1244. David Robles Deschutes 1245. Leslie Landes Bend 1246. John Elias Bend 1247. Ashley Meilahn Bend 1248. Justin Voss Bend 1249. Alice Long Bend 1250. Jaden Lake Redmond 1251. Cameron Gordon Bend 1252. Tracy Lopez Bend 1253. Ben Lyons Bend 1254. Cara Lyons Bend 1255. Jonathon Paul Deschutes 1256. Fior Saldana Deschutes 1257. Mary Clemmer Deschutes 1258. Melanie Mulkey Deschutes 1259. Sonia Sloan-Buckmaster Deschutes 1260. Lezeta Clarke Bend 1261. Jorge Saldana Bend 1262. Paige Chamberlain Redmond 1263. Vandal Pline Redmond 1264. Travis Wilder Deschutes 1265. Matt Hogstad Bend 1266. Eric Menard Bend 1267. Nicholas Jackson Deschutes 1268. Dennis Moriarty Bend 1269. Martin Ericksen Redmond 1270. Thomas Scott Deschutes 1271. Mike Masters Deschutes 1272. Katie Strausser Deschutes 1273. Michael Batty Deschutes 1274. Adam Waterman Deschutes 35 1275. Doug Lefebore Deschutes 1276. Lisa Glass Redmond 1277. Steven Harding Deschutes 1278. Patrick Garrett Bend 1279. Ryan Mejaski Bend 1280. Julie Clark Pasley La Pine 1281. Jessica Carr Redmond 1282. Michael Birchem Bend 1283. Howard Thornhill Deschutes 1284. H.M. Jackson Deschutes 1285. Brittany Kovrovich Bend 1286. Paisley Case Redmond 1287. Jazmine Call Bend 1288. Joseph Rappleye Deschutes 1289. Mason Anderson Bend 1290. Carleigh Shields Bend 1291. Matt Gosuener Bend 1292. Chris Berry Deschutes 1293. Christina Smith Deschutes 1294. Roman Butler Bend 1295. Josh Podwils Bend 1296. Amanda Gribble Bend 1297. Dane Lawson Bend 1298. Jody Reeve Bend 1299. Trevor Cleveland Bend 1300. April Vernon Bend 1301. Jennifer Cyphers Deschutes 1302. Michelle Breedlove Bend 1303. Candice Skinner Bend 1304. Glenn Brown Sisters 1305. Thomas Yep Deschutes 1306. Jordan Liggett Deschutes 1307. Jonathan Madsen Deschutes 1308. Amanda Harris Bend 1309. Doug Bowser Bend 1310. Kortney Kay Bend 1311. Skylar Smith La Pine 36 1312. Leena Shiley La Pine 1313. Jean Vail Deschutes 1314. Carrie Miller Redmond 1315. Randy Gillespie Deschutes 1316. Daniel Waldbilly Bend 1317. John Langhausen Deschutes 1318. Dan Hughes Deschutes 1319. Mike Herra Deschutes 1320. Tonya Walker Bend 1321. Angie Palmer Bend 1322. Kerri Waimar Deschutes 1323. Kerri Wayman Bend 1324. Hayley Kelso Bend 1325. Breanna Ash Redmond 1326. Fredric Nierhake Bend 1327. Joseph Garcia La Pine 1328. Sander Barteling Bend 1329. Sebastian Bell Bend 1330. Tamara Brost Bend 1331. Amadecy Mickerson Deschutes 1332. Michael Scherer Bend 1333. Nicholas Hansen Bend 1334. Kris Hammon Bend 1335. Kathie Walker Bend 1336. Rudy Marez Deschutes 1337. Kate Todd Bend 1338. Serena Encinas Deschutes 1339. Heidi DeCate Deschutes 1340. Amy Gangloff Bend 1341. Rebekah Schulte Bend 1342. Seth Jones Deschutes 1343. Ryan O'Neill Bend 1344. Candace Thebege Bend 1345. Eddie Salzman Bend 1346. Ben Bati Bend 1347. Jennifer Perry Bend 1348. Dennis Maggio Deschutes 1349. Crystal Hughey Deschutes 37 1350. Eric 1351. Abigail 1352. Alanna 1353. Tony 1354. Colleen 1355. Chris 1356. Cindy 1357. Kelsey 1358. Alexis 1359. John 1360. Hilary 1361. Zach 1362. Amy 1363. Samantha 1364. Jacob 1365. Debra 1366. Steven 1367. Robert 1368. Alan 1369. Elliot 1370. John 1371. Rob 1372. Mike 1373. Brooke 1374. Jessica 1375. Austin 1376. Adam 1377. Karlie 1378. Tammy 1379. Derek 1380. Teri 1381. Taylor 1382. Dana 1383. Mark 1384. Ed 1385. David 1386. Molly Benaresh Bauer Umbrello Smaldino Luethje Meridith Quezada Stahl Bickett Jones Dulang Rivas Millikin Smith Zenen Mack Craig Marion Stahl Boettcher Sanbora Bailey Bradford Koss Gasche Snyder Redfield Terry Brown Zeno Marcy Poczynck Berger Hatcher Smith Berger Kelly Bend Bend Bend Bend Bend Three Rivers Redmond Deschutes Deschutes Deschutes Deschutes Bend Bend Bend Deschutes Deschutes Bend Deschutes Deschutes Bend Bend Deschutes Deschutes Bend Bend Bend Bend Bend Bend Deschutes Deschutes Bend Bend Bend Bend Bend Deschutes 38 1425. 1426. 1427. 1428. 1429. 1430. 1431. 1432. 1433. 1434. 1435. 1436. 1437. 1438. 1439. 1440. 1441. 1442. 1443. 1444. 1445. 1446. 1447. 1448. 1449. 1450. 1451. 1452. 1453. 1454. 1455. 1456. 1457. 1458. 1459. 1460. 1461. Joann Bryan Becca Beka Lin Bethany Blaine Brandon Brittni Chet Bradley Brandon Brett Gregory Bryant Cassandra Calvin Carey Ashley Rod Daniel David Rachel Dani Shawna Chris David David David Deamion Deanne Denise Dennise Derik Daniel Joey Drew Miller Chang Botello Lowrey -Evans Gardner Hanson Schwake Carey Neves Wamboldt Jeffers Curry Virkelyst Bryant Robey McCollum Mann Palm Pinz Taylor Derrigo Crawford Greaney Athena Spencer Welsh DePerrio Vance Pettibone Culbertson Siegel Hewes Rodriguez Emroe Jumper Sullivan Barber Bend Deschutes Deschutes Deschutes Bend Bend Bend Bend Bend Deschutes Bend Bend Bend Bend Bend Bend Bend Bend Deschutes Bend Bend Deschutes Bend Bend Bend Deschutes Bend Redmond Bend Bend Bend Bend Bend Bend Bend Bend Bend 40 1387. Brooke 1388. Deborah 1389. Preston 1390. Olga 1391. Guy 1392. Kandice 1393. Maximillian 1394. Conor 1395. Brian 1396. David 1397. Eli 1398. Nigel 1399. Jordon 1400. Jasmine 1401. Kat 1402. Kirt 1403. Karin 1404. Victoria 1405. Corey 1406. Scott 1407. Alice 1408. Taylor 1409. Steve 1410. Marcy 1411. Paul 1412. Kaylee 1413. Aaron 1414. Rodolfo 1415. Alisa 1416. Ajia 1417. Amy 1418. Alejandro 1419. Alex 1420. Angela 1421. April 1422. Art 1423. Ashley 1424. Ashton Marmolejo Hutchison Cooper Von Ehrenstein Fidler Newton Blakemore Bidelspach McElhiney Hop Pendleton Shuken Gilbert Siefman Young Voreis Crowley Pendleton Sayburg Larson Lakey Davie Kirk Kirk Seron Morgan Hall Arias Jr Milton Pennavaria Dorfman Hernandez Cristiano Anderson Koperniak Schm on Schumacher Cerny Bend Deschutes Bend Deschutes Bend Bend Deschutes Deschutes Bend Bend Redmond Bend Bend Bend Bend Deschutes Bend Redmond Bend Bend Redmond Redmond Bend Bend Bend Bend Deschutes Bend Deschutes Bend Bend Deschutes Sisters Redmond Bend Bend Bend Bend 39 1500. Kristin MacElvan Deschutes 1501. Kristen Livermore Bend 1502. Kristofer Gaut Bend 1503. Cattlen Bruge Bend 1504. Kylie Snedgrass Deschutes 1505. Landon Yokers Bend 1506. Justina Linebarger La Pine 1507. Todd Lintner Bend 1508. Fiona Lintner Bend 1509. Lisa Qin Bend 1510. Lonnie Harden Bend 1511. Louis Bennett Bend 1512. Luke Stark Bend 1513. Jaimie Wahl Deschutes 1514. Kelley Bennett Bend 1515. Mary Gillogley Redmond 1516. Amanda Martinez Redmond 1517. Scott Robinson Bend 1518. Meghan Hiatt Bend 1519. Emil Beniteo Bend 1520. Mercy Otano Bend 1521. Micah Bell Bend 1522. Michelle Rice Bend 1523. Michele McKay Bend 1524. Jessica Lang Bend 1525. Alex Herberger Bend 1526. Nicholas Farinacci Deschutes 1527. Nic Tkachuk Deschutes 1528. Stephani Hancock Redmond 1529. Oak Keo Deschutes 1530. Lacee Lopez Bend 1531. Paul Milton Deschutes 1532. Paul Robbertze Bend 1533. Rachel Woods Bend 1534. Marc Rubin Deschutes 1535. Robert Collins Bend 1536. Tim Munroe Bend 1537. Richard Hall Bend 42 1462. Elizabeth 1463. Linda 1464. Eric 1465. Ron 1466. Fallon 1467. R. 1468. Tessa 1469. Franciso 1470. Britney 1471. Evan 1472. Nicole 1473. Genai 1474. Gillony 1475. Alice 1476. Hannah 1477. Karl 1478. Janet 1479. Jack 1480. Jasmin 1481. Jeff 1482. Emerson 1483. Jay 1484. Jesse 1485. Joshua 1486. Joseph 1487. Jashana 1488. Ed 1489. Shannon 1490. Karin 1491. Ashley 1492. Karyn 1493. Kassi 1494. Kayla 1495. Kaylina 1496. Keith 1497. Karen 1498. Keara 1499. Kristen Brock Richard Giovanneiti Rock Sweeney Fierstos Nash Preciado Bernabo Nelson Gilmore Buford Cooper Troffer Deaton Hochradel Gutieruez Peery Lillesve Mitchell Lowry Campbell Baptista Polton Capria Parnell Haystrom Lewis Gustarsson-Younger Blair Minchew Rodriguez Graham Whorton Bratton Dumas Stickney Coon Bend Bend Bend Redmond La Pine Deschutes Redmond Deschutes Redmond Redmond Deschutes Bend Bend Bend Redmond Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Deschutes Bend Bend Bend Bend Bend Deschutes Bend Bend Bend Bend Bend Bend 41 1538. Rick 1539. Ron 1540. RJ 1541. Roger 1542. Ross 1543. Robert 1544. Justin 1545. Samantha 1546. Sam 1547. Diana 1548. Joshua 1549. Seth 1550. Sarah 1551. Shannon 1552. Shanan 1553. Ray 1554. Henreh 1555. Sinthia 1556. Alexander 1557. Matt 1558. Micah 1559. Stephanie 1560. Adam 1561. Tamara 1562. Allan 1563. Terry 1564. Zach 1565. Thom 1566. Thomas 1567. Tim 1568. Travis 1569. Tracy 1570. Trevor 1571. Timothy 1572. Whitney 1573. Adam 1574. Walter Winsor Kleinschmit Hatton Wayland Lesko Neal Beller Pringle Dravazzo Brown Kelly Bergara Doyle Dexter Minks Silverman Simmons Townsend Ware Paine Sabelman Beller Landovaze Campbell Taylor Benjamin Ackerman Routt Bearden Marcato Barkley Boyer Roberts White Hoisington Wiesenborn Beckwith Bend Redmond Deschutes Bend Bend Bend Bend Bend Bend Bend La Pine La Pine Bend Deschutes Bend Bend Bend Deschutes Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Bend Redmond Bend Bend Bend Bend Bend Deschutes Bend 43 1575. Keelan Fox Deschutes 1576. Adam Ecker Bend 1577. Yvonne Winsor Sunriver 1578. Zach Schaad Bend 1579. Hunter Zivney Deschutes 1580. William Bogoge , Jr Tumalo 1581. William Hagell Deschutes 1582. Katie Hesler Bend 1583. John Hotel Bend 1584. Zach Lindig Bend 1585. Maureen Lugae Deschutes 1586. David Peterson Bend 1587. Grant Tan key Bend 1588. David Washburn Bend 44 TO: Chair Unger, Commissioner Baney and Commissioner DeBone FR: Andy Satterfield, SGM LLC. Deschutes County Resident DA: May 2, 2016 RE: Comments in Support of Deschutes County Commission Adopting Regulations for Legal Cannabis My name is Andy Satterfield and I am the owner of SGM, LLC located in Deschutes County and I am a resident of Deschutes County for over 20 years. I strongly urge Deschutes County Board of Commissioners to adopt a reasonable and responsible cannabis regulatory structure so that farmers and small businesses in the County can participate fully in the economic opportunities that legal cannabis brings to our region. Oregon is already known as a world-class craft producer in the areas of beer, wine and distilled spirits. Cannabis will be another jewel in that crown. Deschutes County, home of Deschutes Brewing and other highly acclaimed craft products, is already on the map as a leader. Cannabis is the obvious next opportunity to join those ranks—and the Board of Commissioners should act swiftly to ensure that we are. The original draft ordinance prepared by County staff struck a fair and workable balance between the needs of farmers and processors and the larger needs of the community to ensure Central Oregon remains a livable place to work to and play in the great outdoors. The Marijuana Advisory Committee, a broad and diverse spectrum of community members who care deeply about Central Oregon, has now also met for weeks to review and discuss a variety of issues. That committee reached consensus on noise, light and odor regulations for land zoned for exclusive farm use, addressing the concerns of neighbors. A recent poll shows that Deschutes County voters strongly support county commissioners moving forward with regulations and do not want to see these issues referred back to the ballot. It is now time for county commissioners to implement the will of the voters and enact fair and reasonable regulations for farmers and small businesses that will also safeguard the way of life we all treasure in Deschutes County. Thank you for your time. Regards, Andy Satt rfield SGM, LLC. Hobby farms an asset to rural Deschutes County Most of you have read The Bulletin article, "Should exclusive farm land exclude pot?" I have issues with the premise that a neighborhood of hobby farms is less than an asset to rural Deschutes than marijuana farms. These smaller acreages with homes do not resemble large resorts. Unlike the majority of Marijuana farms, they do much to protect the character and landscape of Deschutes County. They have acreage that affords mountain views enjoyed by residents and tourists alike. They protect and take pride in the land. They protect their water rights. These residents are good neighbors. They care about the community they live in and work actively to enrich the quality of life in Deschutes County. Did the original intent of zoned agricultural land include growing and manufacturing an addictive federally illegal substance? Was the explosive manufacturing process of extracts part of that intent? Was the original intension to devalue the land, or negatively impact our community and environment? How many would say that the marijuana farms they have seen resemble Napa Valley? Has there been a lot of lavender and organic produce on these farms? I haven't seen a lot of high wire fences topped with razor wire in Napa. If any property resembles the idyllic setting Neubauer and Hadar describe, it would be the hobby farms. Marijuana land use enriches the marijuana business. Small property owners enrich the community that they are a part of. Hobby farms an asset to rural Deschutes County Most of you have read The Bulletin article, "Should exclusive farm land exclude pot?" I have issues with the premise that a neighborhood of hobby farms is less than an asset to rural Deschutes than marijuana farms. These smaller acreages with homes do not resemble large resorts. Unlike the majority of Marijuana farms, they do much to protect the character and landscape of Deschutes County. They have acreage that affords mountain views enjoyed by residents and tourists alike. They protect and take pride in the land. They protect their water rights. These residents are good neighbors. They care about the community they live in and work actively to enrich the quality of life in Deschutes County. Did the original intent of zoned agricultural land include growing and manufacturing an addictive federally illegal substance? Was the explosive manufacturing process of extracts part of that intent? Was the original intension to devalue the land, or negatively impact our community and environment? How many would say that the marijuana farms they have seen resemble Napa Valley? Has there been a lot of lavender and organic produce on these farms? t haven't seen a lot of high wire fences topped with razor wire in Napa. If any property resembles the idyllic setting Neubauer and Hadar describe, it would be the hobby farms. Marijuana land use enriches the marijuana business. Small property owners enrich the community that they are a part of. Testimony on Land Use Issues Related Specifically to Marijuana Businesses Hearing Date: MONDAY, MAY 2, 2016 You did I I did not ._ offer testimony in person. Your Name: !°C Yr, S (53)--/-77-771?-}-7 Y, Mailing Address: Ip S 3/ S c)n %rr 5 cell. q 77r1 E-mail address (optional): Phone #s (optional): Your Comments: _AA � fi 1 P'' ��.► . I j'l Z 7 A fqq . /.C,i /1 Wv()le.La ice/7/12,17'i- c, 0 cce,SGr a(pcii.s _ l_.mi ,sem 42/-xp J C(st tYI� a-71--m,e24--to ♦' VI g J/ hcn-rt 0171-1 /0,4_S ;/-y 471a0 -t_ /244/10 . CeezY-k/s ��r�...l � c-erkvt, 2-- 1p /7,r c,s / )gski 6'dr-lL /77,9), 44// al/ ? a y 4a. ,c a /ic)aur ,11-42-e-77 ci3Przo,Qr�G d G LSM rr� pr-cy2,0A/6), t%i l J 9 mos (tie back of aglif desired.) W '41 GUu‘'i-7747-/`�c,� Ute` eI ' YnP 7inQr1G�Q« � Signature: Testimony on Land Use Issues Related Specifically to Marijuana Businesses Hearing Date: MONDAY, MAY 2, 2016 You did II did not P� offer testimony in person. Your Name: yr S fi) ,Svy7e7-777i2-? 6g. Mailing Address: 225 3/ 77 ,4)n J rF.$' tcedl 9 77 (1 E-mail address (optional): Phone #s (optional): Your Comments: NO 1.1) n i.,,na'Ac' 4 . /D, ` / VA() LJ a/a, ` n rep,SG1 ice- l S /_-m i ,5 &,/ GcJ d Z3P YpIJe /1 0/a, -c-74 ?, 4. (2_/)v . P /7?. 2A-- r(n L n71-77 7 cr'-/--.-r1v-7 / , t g ito-Yln2,4 IV7 Ohl ,el 1 rn,/..-1 eA)_� % %7 h., 1'o . CC/104/ S , (flA(cJ G./ / / r1 • L ;.An /t C/ Q i7 LL ° ha. .c. a. >'/A) a u r it P a -Aavn ci a rlr �i2- ? i /rr7 t-43 ; a%env v �. e A., - G%t�29�t ✓Yr pr-cx2PAr`?7/ 1/G7LC. 44 94 �=litz�jr7 e back of aggif desired.) Sigel2 Si nature: A �itc _ I'Ve`.5- CjIc VII' Y5' q h da),°nct 1 57). ce-5-Lvl" (TA t(157A jeArs ass a46'624/t'4 0'14 ri eePC 1-16*) /1117:5- 41/ C,15111 PT). 15Y°A75 124. Testimony on Land Use Issues Related Specifically to Marijuana Businesses Hearing Date: MONDAY, MAY 2, 2016 You did did not r, coffer testimony in person. Your Name: � ©' C — X) CLV Mailing Address: 5 WA) F I m e 3-4 5‘*64(1445)-1 E-mail address (optional): :)o,_ uJ 0. r fh e2aY' ti ivk�� . ►'� �� Phone #s (optional): '51 / 56.4 00Dq Your Comments: Zn a Le7-e r �v `% /..ss ini--)wf S. Bea 0;114 CC S -0-1/m k V' ��C�r� ki' vded he dme' 41417-1 7_010 rw_/� S _ �' i , C � �"�`�-IG�t , )/1 t Gvo' 3 J hn his,hO. J 2rcrd, C(ccaYdi 7 ?/v Sei4 Aft/ irfi G hdai Mrnige/9. r2 (-/ l(k)176/ 25 yerS pro> di..2 7 -he g,6 /,:h, QkJ' 720 1,1,S -e- 7�iei., //Inc& r actr: c /kuru/ � - v P( tpe.les, -Met/ W eren } C'rn~F'/edarocc n�..Gt�SLI�i`r7%c 06mpa7i bi/iii tvi i resider775`ala20vfocie4,14• 11 4i,u soak �fthe-/-k/es, 4cifiotzs neer /n it G -,,, )215/-ctr��ra`�1,��-� ha.vc-)4-O7 S .4/771))7L-6 .�s,aeci4!`y ene 7,1))/-17 —� r//')g Giry crccoSS (Use back of page if desired.) Signature: /ems l t:, rP (to 1,) 0 -P -4--e /i da f)(9. -e r- '4 c j t) (ILI- G 0 CIM ; 1-/ ( -k&- Mey_scoci, air el --,2-4 1 - I L L ''' . tea-sie--- 0('-e-l-ri-- di •-r\D--‘\0 p -i- o a foo 5.a/42. v-4,...„..., ilarir) M CiLe-laiy 1 /-)) -MI5 a e--ci-s/1,-2--? -7-11. j -s i 5 a-- L, -e, a_ c,,____Thek ci - s/-6-2--? -P)r ) ry-u , 0 dt5,-zA_ W a YL I tried to come up with reasons that the Board of County Commissioners would not continue the Opt Out and allow the voters to make the decision on marijuana and I could come up with very few. We know the Board of County Commissioners recognize the following • You know that the voted to approve Measure 91 that they were voting for decriminalization of marijuana and 4 plants being grown at home, not the large industrial facilities being installed in rural neighborhoods. • You know that voters deserve the right to vote on whether they want Targe marijuana industry facilities to be built in rural neighborhoods. • You know that marijuana is not good for anyone, especially children and that recreational marijuana approval would only expand the problem. • You know that the voters did not vote to make marijuana a farm crop. • You know that you cannot be sued for Opting Out because it is allowed under the law. • You know that you need more time to transition the current medical facilities with the restriction you will adopt and you do not need 100's of additional recreational marijuana facilities to deal with. • You know that enforcement will be a nightmare for medical marijuana and that recreational marijuana will only add to the problem. • You know that if recreational marijuana passes in November vote that you would still have the same restrictions available as now that could apply to recreational marijuana. • You know tax revenue will not come close to covering the cost of one enforcement person or sheriff. • You know it cannot be political because for every 1 vote gained from the marijuana industry with an Opt in, 10 votes would be lost from rural residents. • You know you don't want to detract from our family tourism gold mine by making Deschutes County a destination area for people who want to get stoned. • You know that there are few real farms left, there are mostly real farms that have been developed into residential neighborhoods. • You know that allowing the installation of large industrial marijuana facilities in the rural areas would destroy neighborhoods. • You know that the OHA and OLCC will likely do the same poor job enforcing their rules as the OHA has done previously enforcing previous rules. • You know that there is more marijuana already available than is needed. • You know that you have 1700+/- medical marijuana grows to control and that you do not need more. • You know that we already have 161 tons/year of illegal marijuana grown and a lot of it is crossing borders. I came up with far more reasons to Opt Out and to adopt tight restrictions for both medical marijuana and recreational marijuana should they become necessary than for Opting in. Hopefully you do the same. Sam Davis, MAC member Testimony on Land Use Issues Related Specifically to Marijuana Businesses Hearing Date: MONDAY, MAY 2, 2016 You did did not offer testimony in person. Your Name: Mailing Address: &a.") E-mail address (optional): n t ; ��_��� f Phone #s (optional): AL\A.4 YourComments: De (Use back of page if ded Signature: .) /V\-9,0‘ 0.‘ (\CA v\ CT. k V.\ i.,.. C ()I—A �uk�F D My name is Kristin Kerner and I own a business in Bend. We share our building with two marijuana businesses. One of them grows marijuana and the other business processes marijuana and makes edibles. We share the same roof. 'The amount of odor is negligible. We occasionally smell a fleeting bit of green, growing plants -but there is absolutely no lingering, pervasive smell. The smell is less persistent than .z1 -,at of the 7 breweries, the coffee roaster, and the bbq restaurant that are also in our neighborhood. Again, I stress we share the same roof and walls. I am iiterally surrounded by gardens inside a building. The odor is rarely even noticed by my employees, or my clients. Truly, the biggest "complaint" I have about my neighbors is -mat they employ so many people that the parking lot is full. am hopeful that the commissioners will continue to take a thoughtful, measured approach while implementing the guidelines for' the growing, processing and sale of marijuana in Deschutes County, and will filter through the speculation and sensationalism of those opposed. 'he professionalism of the men and women who own and .dork in the businesses next door to me, is exceptional and I ,:)ejeve it to be representative of the majority of those who '11ork in the marijuana industry. .-.ank you for the opportunity to be heard. )i(ay 7,_,e/4 ...4-64- t t t a -6iCex_ a -�'.-gc- — r -4vlta t y0 L oz i , 1-L toe_ Wigg you_ t o° 't- / E F WQi • ;tit_ --.rr0ti o - Vole_ . 0 c- --- . ( DLU� Quid ✓4121�.d.-?-r� s t v�0-(O bet- LA) e Q- a� . , rx a-� .evc cs, LJ Lii � °moi i coa.Li) Ct.,W .D i.C.,c- O t - o t.:/i a -LL o L3&. ..C-4 G-- tfl(.t t Cc n-wLD . iL L,iekcs OJ _ c,�b.t Gt lr O toz- t1Qi%Q a , LL L)afA, . -'opt, �ynah.y. i 4 j --L. ! p dss.�t-IZ .- �� t,�.�a u.Qol Ca -C 0o , 1L Sao L Uzc r�.k a.. . o Ad -1 c ai like- , It L1'.oi.(,L4 .0 �ytPr,, L.41-0 Yca, o A � i. kuAz_ raiad, AcLiwn:? e-o u:4X)1 tia,42, Cal J2,444 -TLC*, L,VarS CYL. OLR*21 C2 cit-t-e-L5 , crtx cx44-AL -e-to Li 0+ 11-cjs (2?-(2 1±6 cL,44_4i fx)locLuv,.* F ,,,P-A441;Ls c,..fit_a441-, t,101-1. , 9-L- a.,AA - . )1a.A.t.ev i-cfc•Da. s ' 5 I 40 18Q.44,4, 0Aizirov,-, ?v703 vlivo,s—.. 7 4 5411- 3 44 Testimony on Land Use Issues Related Specifically to Marijuana Businesses Hearing Date: MONDAY, MAY 2, 2016 You did did not offer testimony in person. Your Name: Mailing Address: N,Nd.1 v--- 4-0 Lf(, 0 Ct t"C". E-mail address (optional): Phone #s (optional): Your Comments: (Use back of page if desired.) a ticJ y -r 1-3e__,14_, C97-70 Ginger Mugar Tel. 541-633-7342 One of my concerns among the many, is that we don't want Deschutes County to become a Gold Rush of people to come into the County or State to cultivate marijuana because of our permissive and loose policies. There has to be a balance between supply and demand. Already it seems that there are more grow houses than local demand. If cultivation exceeds demand, and it surely already has in Deschutes County, then there must be caps put on production such as Colorado has done. Measures should be taken to control how much marijuana can be produced in relation to consumption. Permits should be based on regulating how many grow houses do we need. We already have sufficient. The idea of a lottery system would be appropriate way to limit the number of grow houses permitted. These should be allowed only in Industrial Warehouses, not in residential rural Deschutes. A big concern should be that too much production would suggest 'MASKING the ILLICIT Market', whether it be large scale or small scale production for illegal sales to youth, or distribution outside the State. California, which has had legal medical marijuana for 20 some years, has been studying the effects of legalizing marijuana for recreational use for three years. They divided the steering committees up in three ways: Youth Education & Prevention, Public Safety, and Regulatory & Tax Structure to include land use. Washington State has a priority to enforce environmental laws and rules which Oregon and especially Deschutes County should also adhere to: PROTECTING OUR WATER SUPPLIES PROTECTING OUR AIR QUALITY MANAGING AND REDUCING WASTE REDUCING TOXIC SUBSTANCES IN OUR ENVIRONMENT SUPPORTING SUSTAINABLE COMMUNITIES AND NATURAL RESOURSES IT WOULD BE MORE RESPONSIBLE FOR US TO CONTINUE TO 'OPT OUT' AND PLACE A MORATORIUM ON MARIJUANA PRODUCTION IN ORDER TO GET OUR DUCKS IN LINE AND PLACE IT ON THE NOVEMBER BALLOT AFTER EDUCATING THE PUBLIC IN A MORE BROAD SPECTRUM. Testimony on Land Use Issues Related Specifically to Marijuana Businesses Hearing Date: MONDAY, MAY 2, 2016 You did did not iC offer testimony in person. Your Name: �GCV vi , 1741,5 &..re.v.-:-1' R.�1 4 Bz,x J 25ct r789 Mailing Address: E-mail address (optional): Phone #s (optional): 51•I (— 3E53-411 t Your Comments: Vp-1-h T e)w Vs, oos,k v" EF u, 2,44)pro, ,-i- / 1 - e \r-' 2 t y rS A p_a...SL.„1A. iA,.k.,. . ctiV-kt, re ?kir 1 1(r . . 3r . '.. C W , "-tdN ;At . r •( • �b {+b� "a 11 yam. ae s "4"14... ice.. -Do e.,5 ✓v` ` © D h. C -# { T4s. ' .�r4�.. �. ja,- . k ?To r, 4-1 d W vLei v- 4-cs 4 4 fi"L4 '- 4,i- 44=.. f ` oz."( 7 v �Qaa�u %.r EF iJ(44 1.CLv4 o ;?,./r S 7 (Use back of page if desired.) Signature: c51>;,,L4) G LASS H OUSE G ROWN TO: Chair Unger, Commissioner Baney and Commissioner DeBone FR: Craig Olsen/Glass House Grown DA: May 2, 2016 RE: Comments in Support of Deschutes County Commission Adopting Regulations for Legal Cannabis I would like to strongly urge vou. the Deschutes County Board of Commissioners. to adopt reasonable and responsible cannabis regulations so that farmers and small businesses in the County can fully participate in the economic opportunities that legal cannabis brings to our region. My name is Craig Olsen, and I along with my brother and sister- in-law manage Glass House Grown, a small family -run cannabis farm located on 15 acres of EFU land in rural Deschutes county. I really appreciate all of the hard work you have dedicated to this process, and the effort you have put in to understand the intricacies of the cannabis industry. Although the uncertainty of cannabis regulation has been tough for small farms like us, at the end of the day, we understand this time has been well spent figuring out the best way integrate legal cannabis into Deschutes county without disrupting the quality of life within the community, and I truly feel we as a community have achieved that. After attending many of the Marijuana Advisory Committee meetings over the past two months, it was encouraging to see they were able to reach consensus on several important issues such as noise, light and odor regulations for EFU-zoned land, as I feel they addressed many of the concerns neighbors had in regards to cannabis production. As I mentioned earlier, our 15 - acre farm happens to be located on EFU land, but what is really great is that in no way do we impact on our neighbor's quality of living. The closest neighbors in relation to our farm have shown all the support in the world for what we do. It would be demoralizing to find out our small, yet productive farm is not allowed to move forward with something we have put years upon years of work in to and are financially dependent on. Our farm, if permitted under regulations, would offer several full-time, fair wage job opportunities for the people of Deschutes county, and nothing would make us happier than to provide that for our community. Deschutes county deserves this opportunity to participate in the massive influx of potential jobs. There are so many people whose financial situation depends on this decision and I hope you agree that the time is now to implement the will of the voters and enact fair and reasonable regulations for farmers and small businesses. Thank you again for all your devoted time. G LASS H OUSE G ROWN TO: Chair Unger, Commissioner Baney and Commissioner DeBone FR: Christopher Pate/Glass House Grown DA: May 2, 2016 RE: Comments in Support of Deschutes County Commission Adopting Regulations for Legal Cannabis My name is Christopher Pate, and I am the founder of Glass House Grown, a small family - run cannabis farm located in rural Deschutes county. First, I would just like to thank you for the amount of time, effort, and due diligence you have put in to the matter of cannabis regulations, as I think we all know how important this decision is for many people throughout Deschutes County. As a business owner who relies on the success of my small farm, I strongly urge Deschutes County Board of Commissioners to OPT IN, and adopt a reasonable and responsible cannabis regulatory structure. It is imperative that farmers and small businesses in the County can fully participate in the economic opportunities that legal cannabis provides. My wife and I have been growing medical cannabis for over 7 years now, and about a year ago we purchased 15 -acres of EFU zoned land in rural Deschutes County with the intention of continuing our business, and developing the property into a state-of-the-art recreational cannabis farm with environmentally -controlled rigid frame greenhouses. We pursued this 15 -acre parcel because we felt it was the safest route to take at that time given the climate of the situation, and it seemed like the perfect place to expand our business and support my wife and I moving forward. As a veteran in the United States Air Force, my cannabis business incorporates the same principles and core values I was deeply rooted with during my time in the service: Integrity, Service, Excellence, and Transparency. I believe cannabis is something that needs to be tightly regulated and implementing regulations now will lead to economic opportunity, public safety and livability in Deschutes County. Also, as a former field engineer for the Department of Defense, I have learned a great amount and have developed a great understanding and appreciation for rules and procedures. The meticulous specificity that was required has benefitted me tremendously as I have shifted my career into cannabis farming. With my engineering background, I have developed a comprehensive development plan to maximize the square footage of my small G LASS H OU S E G ROWN farm, and become a valuable contributor to the economy of Deschutes County. I truly believe we are a clear example as to why it would be a disservice to adopt an acreage - minimum on Exclusive Farm Use Land We want to be able to function and abide under the regulations hopefully set forth by you. Please don't penalize small farmers such as myself, as I can't speak for them all, but I know my wife and I are financially dependent on farming viability of our land, and it would be devastating to see our EFU zoned parcel go to waste. It is now time for county commissioners to implement the will of the voters and enact fair and reasonable regulations for farmers and small businesses that will also safeguard the way of life we all treasure in Deschutes County. Christopher Pate Founder of Glass House Grown Kimberly Gossen 20945 Arid Ave Bend, OR 97703 May 2, 2016 To: Deschutes County Board of Commissioners Re: Recreational and Medical Marijuana Land Use Regulations I would like to submit the following comments about pending regulations of marijuana growing operations in the county. Regardless of whether the use is medical or recreational in nature, I want to see standards applied to buildings and other equipment that bring visual and auditory harmony to our rural landscape. If this is a higher bar than is imposed on other more traditional agricultural operations, I believe that is appropriate given that this is not a "normal" crop. For one thing, it requires an unnatural lighting regime. Specifically: Growing operations of whatever scale or type should be enclosed in order to protect neighbors from light pollution, particularly at night. For example, a plastic or glass semi -transparent greenhouse is NOT sufficient; the structure should be sided and roofed like a traditional outbuilding. Fans and other equipment should be enclosed by something like a privacy fence so that neighbors do not have to listen to constant noise pollution caused by large fans. Those were my comments before I attended the last hour of afternoon testimony today. I found it very informative and I realize now that the issue really revolves around whether or not to "opt out". On this point I am now inclined to sav that county commissioners should NOT allow the commercial growth. processing or sale of marijuana for recreation in rural Deschutes Countv. If such operations are allowed, they should be limited in size to a small number of plants/small footprint building. Commercial marijuana production seems more appropriate to a city/industrial setting than a residential one. I am also concerned about the crime and vice side of this equation. Central Oregon already has so much to recommend it from a natural resources and sheer beauty perspective, do we really need this? I think most residents, especially those who didn't To: Deschutes County Board of Commissioners May 2, 2016 Page 2 just move here, would say no, commercial growing/processing/sale of a federally controlled substance is not what most of us need — nor what we voted for in Ballot Measure 91. Thank you for your time and attention. Sincerely, Kimberly Gossen U) (s) (1) c o 0 Iste. siso (t) t 0 61 Y „/ • o � 0 l) N 7 d 0 0 'N 0 0 S3 N N C' N it, C Q 0 N O 0 0- 0, o o� y co 7^ G a, � O W c6 y � O 3 o on y s •0+ c 0 0 .01 L 0 W W 0 ‘5-.< W -O ro L c 11 ✓I df _1 J W (� N L. .0 J! N W _ ▪ m C U1 r0 �1 V _ 0 P:0 >' (o 5 F •11 C : u E / D C • Q1 • (0 > W .0 .c N ,U 0 U W (I)7. !•u C 0) c•O 0) 1,12 .E I can volunteer • N._ 1 0 v'tclJ CC ••••• - - 4.- -< ' -------- E: 41 U c5:451 4r6 .2_ 0 C 1 on re\,erse of cr ' 0:0 C :5 I can volunteer ro 2 0 OO LJ E 1 can volunteer 3 O v �T. 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