2020-279-Order No. 2020-041 Recorded 8/5/2020Recorded in Deschutes County CJ2020-279
Nancy Blankenship, County Clerk
REVIEWED Commissioners' Journal 08/05/2020 3:45:07 PM
LEGAL COUNSEL cL�l �P.#S <°Gy: II i i i II I II�II II I I IIIII II (' II III
� 2020-279
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Calling for an Election on the Issue of
Prohibiting the Establishment of ADDITIONAL * ORDER NO.2020-041
Marijuana Producers, Processors, and Processing
Sites in Unincorporated Areas of Deschutes
County
WHEREAS, ORS 47513.968 provides that a county may adopt ordinances that prohibit the
establishment of any one or more of the six categories of state licensed or registered marijuana businesses in the
unincorporated area of a county, subject to a requirement that the ordinance be referred to the electors of the
county at the next general election; and
WHEREAS, on August 18, 2016 and through the adoption of Ordinance No 2016-012, Deschutes
County "opted in" and allowed commercial marijuana businesses to be located in the unincorporated areas of the
county, and numerous such businesses subsequently received the required permits and licenses and began
operating; and
WHEREAS, after many controversial applications, hearings, decisions, and appeals, on August 19,
2019, the Board of County Commissioners of Deschutes County (the "Board") adopted Ordinance No 2019-014
precluding several types of marijuana business from being further established anew, specifically, marijuana
producers licensed under ORS 475B.070, marijuana processors licensed under ORS 47513.090, and marijuana
processing sites registered under ORS 475B.840; and
WHEREAS, on October 16, 2019, the Board adopted Ordinance No 2019-015 clarifying that the
aforementioned Ordinance No 2019-014 only prohibits the establishment of ADDITIONAL marijuana
producers, processors, and processing sites. The Board further clarified that Ordinance No 2019-014 does not
apply to other marijuana businesses, existing marijuana producers, processors, and processing sites, or
marijuana producers, processors, and processing sites with pending land use applications before the County or
pending licensing applications before the Oregon Liquor Control Commission; and
WHEREAS, as required by ORS 475B.968, the Board desires to refer the question of whether to
continue to prohibit the establishment of ADDITIONAL marijuana producers, processors, and processing sites
to the voters of Deschutes County; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. That an election be held on November 3, 2020, to submit a question to the electors of
Deschutes County of whether to repeal Ordinance Nos 2019-014 and 2019-015 and allow the establishment of
ADDITIONAL marijuana producers licensed under ORS 47513.070, ADDITIONAL marijuana processors
licensed under ORS 47513.090, and ADDITIONAL marijuana processing sites registered under ORS 47513.840.
A Notice of Measure Election in compliance with ORS 250.035 is attached as Exhibit "A" and made a part of
this Order, and an Explanatory Statement in compliance with ORS 251.345 is also attached as Exhibit `B" and
made a part of this Order.
PAGE 1 of 2- ORDER No. 2020- 041
Dated this �5 of 4& , 20 0
ATTEST:
Recor ing Se etary
PAGE 2 OF 2- ORDER No. 2020- 041
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PATaTI ADAIR, Chair
ANTHONY DEBONE, Vice
PHILIP G. HE ERSON, Commissioner
Exhibit A:
NOTICE OF MEASURE ELECTION
Notice is hereby given that on Tuesday, November 3, 2020, a measure election will be held in
Deschutes County on the question of whether to repeal Ordinances Nos 2019-014 and 2019-015 and
allow, in unincorporated areas of Deschutes County (i.e. outside of the Cities of Bend, Redmond, Sisters,
and La Pine), the establishment of ADDITIONAL marijuana producers licensed under ORS 475B.070,
ADDITIONAL marijuana processors licensed under ORS 475B.090, and ADDITIONAL marijuana
processing sites registered under ORS 475B.840.
The following shall be the ballot title of the measure to be submitted to the voters of Deschutes
County on this date:
CAPTION
Concerning ADDITIONAL commercial marijuana businesses in unincorporated Deschutes County.
QUESTION
Shall ADDITIONAL commercial marijuana producers, processors, and processing sites be
allowed in Deschutes County's unincorporated areas (outside of city limits)?
SUMMARY
Deschutes County in 2016 allowed commercial marijuana business to be located in the County
and numerous businesses began operating. In 2019, Deschutes County adopted ordinances prohibiting
any ADDITIONAL commercial marijuana producers (grows) licensed under ORS 475B.070,
processors licensed under ORS 475B.090, and processing sites registered under ORS 475B.840 from
being established in the unincorporated County (i.e. outside of Bend, Redmond, Sisters, and La Pine).
Medical marijuana, other types of marijuana business such as retail establishments, and existing
commercial marijuana businesses were not prohibited, nor was the personal use of recreational or
medical marijuana impacted.
Oregon law provides that Deschutes County may adopt ordinances prohibiting marijuana
businesses, but must refer the matter to the County electors at the next statewide general election. This
ballot measure asks you to review Deschutes County's aforementioned ordinances adopted in 2019. A
"no" vote continues to prohibit ADDITIONAL commercial marijuana producers, processors, and
processing sites in the unincorporated County. A "yes" vote overturns those ordinances and allows
ADDITIONAL commercial marijuana producers, processors, and processing sites, to continue to be
established.
Page 1 of 1- Exhibit A, Order No. 2020-041
Exhibit B:
EXPLANA TOR Y STA TEMENT FOR CO UNTY VOTERS' PAMPHLET
Ballot Title Caption:
Concerning ADDITIONAL commercial marijuana businesses in unincorporated Deschutes County.
Measure Number:
Word Total:
Denial of this Ballot Measure (a "no" vote) would uphold Deschutes County Ordinances Nos
2019-014 and 2019-015 prohibiting any ADDITIONAL marijuana producers licensed under ORS
475B.070, marijuana processors licensed under ORS 47513.090, and marijuana processing sites
registered under ORS 47513.840 from being established in the unincorporated County (i.e. outside of the
Cities of Bend, Redmond, Sisters, and La Pine). "Marijuana producer" is the statutory term referring to
what is more commonly referred to as a "marijuana grow" or "grow site." The other two prohibited uses
are also commonly associated with the production of commercial marijuana and marijuana products.
In 2015, the Oregon legislature passed a law that allows Deschutes County to adopt ordinances
that prohibit the establishment of any one or more of six categories of state licensed or registered
commercial marijuana businesses in unincorporated areas of the County. Following adoption of such an
ordinance, Deschutes County must submit the ordinance to the electors of the County for approval at the
next statewide general election.
Deschutes County in 2016 allowed all six types of commercial marijuana business, and numerous
such businesses were established in unincorporated areas of the County after obtaining land use permits
and state licenses. In 2019, the governing body of Deschutes County, after many controversial
applications, hearings, decisions, and appeals, adopted Ordinances Nos 2019-014 and 2019-015
prohibiting three of the six types of commercial marijuana business going forward: (1) marijuana
producers licensed under ORS 47513.070; (2) marijuana processors licensed under ORS 47513.090; and
(3) marijuana processing sites registered under ORS 47513.840. Those ordinances did not prohibit any
existing marijuana businesses from continuing to operate, nor did the ordinances prohibit the other three
types of commercial marijuana businesses such as marijuana retailers from being newly established.
Ballot Measure refers Ordinance Nos 2019-014 and 2019-015 to the voters of Deschutes
County. A "no" vote to the question upholds those ordinances and continues prohibiting any
ADDITIONAL commercial marijuana producers, processors, and processing sites. A "yes" vote to the
question overturns those ordinances and allows for ADDITIONAL commercial marijuana producers,
processors, and processing sites to be established in unincorporated Deschutes County.
This Ballot Measure does not impact any medical marijuana businesses, or any marijuana
business inside the city limits of Bend, Redmond, Sisters, or La Pine. This Ballot Measure also does not
impact the personal use of recreational or medical marijuana under existing state law.
Page 1 of 1- Exhibit B, Order No. 2020-041
�v1 E S CO
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Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
- (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Wednesday Meeting of August 5, 2020
DATE: August 3, 2020
FROM: Adam Smith, Legal,
TITLE OF AGENDA ITEM:
Approval of Marijuana Opt Out Ballot Measure: Consideration of Board Signature of
Order No. 2020-041, Calling for an Election on the Issue of Prohibiting the Establishment
of ADDITIONAL Marijuana Producers, Processors, and Processing Sites in Unincorporated
Areas of Deschutes County