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Home My WebLink About2014-03-17 Business Meeting Minutes Minutes of Board of Commissioners’ Business Meeting Monday, March 17, 2014 Page 1 of 15 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 BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, MARCH 17, 2014 _____________________________ Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend __________________________ Present were Commissioners Tammy Baney, Anthony DeBone and Alan Unger. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; Laurie Craghead, County Counsel; Sheriff Larry Blanton; Nick Lelack, Community Development; and approximately 50 other citizens, including representatives of the media. Chair Baney opened the meeting at 10:03 a.m. __________________________ 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT None was offered. 3. Before the Board was Consideration of Board Signature of Resolution No. 2014-031, the 2015-19 Transportation Capital Improvement List. Chris Doty gave an overview of the item, which includes work that they have not been able to do previously. He is pleased there are now the opportunity and the funds to do some of these projects. DEBONE: Move approval of Resolution No. 2014-031. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. Minutes of Board of Commissioners’ Business Meeting Monday, March 17, 2014 Page 2 of 15 4. Before the Board was Consideration of Chair Signature of Document No. 2014-141, an Intergovernmental Agreement with Public Works Partners in MORE (Managing Oregon Resources Efficiently). Mr. Doty provided information on this document, which allows agencies to be able to do more with less through cooperation with each other. The Solid Waste Department might be the first one to share equipment, with Marion County. UNGER: Move signature of Document No. 2014-141. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. 5. Before the Board was a Public Hearing. and Consideration of First and Second Readings and Adoption, by Emergency, of Ordinance No. 2014- 008, Adding DCC 9.04.040 to Prohibit Any Business or Sale of Any Federally Controlled Substance in any Deschutes County Zone Except as Allowed by Federal Law. Chair Baney pointed out to the audience that the County does not have jurisdiction within any cities. She limited testimony to two minutes due to the large number of people wishing to speak. She read the opening statement at this time. No conflict of interest from the Commissioners was indicated. There were no challenges from the public, so the public hearing was opened. Nick Lelack provided an overview of the item. He gave a PowerPoint presentation and statement regarding the history of the issue, the timing and options available to the Board. He said Erica Fuller-Hewitt of Rimrock Trails Adolescent Treatment Services, and Jock Pribnow, MD, of the Public Health Advisory Board submitted e-mails in support of the Ordinance; and Kathleen Gilbert of Redmond is not supportive of the Ordinance. Commissioner Unger asked if the current Ordinance as written mirrors State law. Laurie Craghead replied it is somewhat different, but the Board could make any changes at the end of the hearing, if desired. Minutes of Board of Commissioners’ Business Meeting Monday, March 17, 2014 Page 3 of 15 Public testimony began at this time. Jessica Jacks, Prevention Coordinator for the County, said there are health concerns of people in her department about children accessing marijuana. Oregon has the highest marijuana use rate for children ages 12-17 years old. The brain is not fully developed until the mid-20’s, and this substance can permanently damage the brain. She added that the rules are not strong enough to protect young people. She then provided recommendations to the Board. Chair Baney said the County has control over the areas outside the city limits only, so if someone has concerns about what happens within the cities, this is not the proper venue. __________________________ Robert Gordon is a retired fire fighter, and his brother is a retired police officer. His brother became critically ill and studied marijuana, which is not a class 1 narcotic, and found it helpful. Alcohol is a much worse problem, as is tobacco. Prescription drug companies want control. If the big corporations wanted to carry marijuana products, no one would fight it. These are mom and pop stores, small business, which should not be hurt. Children have a whole lot worse problem with alcohol. He does not think this law is needed. __________________________ Inge Fryklund is a four-year resident of Bend, speaking for herself, her husband and LEAP, Law Enforcement Against Prohibition, comprised of current and former police, prosecutors and judges who have come to the conclusion that prohibition is doing a whole lot more damage than the substance itself. They are looking at prohibition of alcohol in the past, which resulted in a lot more damage overall. They want to see marijuana legalized and regulated. The only ordinance today is a moratorium on dispensaries here. Having dispensaries to allow citizens to gain access to a product allowed under State law seems reasonable. This would allow easy access to people who already have medical cards. If there are concerns about the cards, they need to take it up with the medical profession. Minutes of Board of Commissioners’ Business Meeting Monday, March 17, 2014 Page 4 of 15 The experience in 19 other states that allow medical marijuana is that the dispensaries are much more careful than most. Children and others can obtain this substance in other ways that are not regulated. This allows people with medical problems to obtain the medicine they need. She feels this should be legalized, regulated and controlled, and the rules can be adjusted over time. She is against the moratorium. __________________________ Barbara Stoefen operates a physician recruitment business, and is on the board of directors of a drug coalition groups. She said when they visit the schools, the talk is no longer just about meth. She is concerned about the easy tolerance of marijuana. Some children hear in their homes that they would rather have them use marijuana than drink alcohol. Baby boomers have a wrong perception of the harm from marijuana because it is not the same drug now that it was. Addiction is real, and this is not a benign drug; and it has the same addiction rate as alcohol, about one out of ten or eleven. In spite of controls in place for alcohol, more people are killed by this than all other causes overall. Many addictionologists and drug prevention and treatment specialists state this. When medical marijuana was legalized, she voted in favor of it, as she saw wisdom in helping those with serious chronic pain. However, about 60,000 cards were issued since then. In no way are there those many people with that kind of pain management issues. The average card holder is a 30-something white male without MS or cancer. The AMA and other professionals do not support this. If it is medicine, make it a medicine. Only 10% of users have a real prescription. They need to take a break and make good decisions for the overall community. __________________________ Conrad Ruel said he has not made up his mind, but sees the emergency adoption aspect being premature. Colorado and Washington are being watched. CNN had a program where a noted surgeon reversed his opinion on this. The biggest fear he has is it being classified as Class 1 along with cocaine and heroin. He feels this is premature; he suggested they wait a year or two to see how things happen with the other states. __________________________ Minutes of Board of Commissioners’ Business Meeting Monday, March 17, 2014 Page 5 of 15 Michael Hughes said he is a former farmer from Nebraska. He moved here and opened a law practice. He learned about cannabis when he was about six years old. His grandfather was a hemp farmer until 1937 in Nebraska. By the 1940’s the government shut them all down, but it grows everywhere. His grandfather and others before him grew hemp back until the 1600’s. He does not know why everyone gets so worked up about this. Oregon is a unique state. Nebraska has a medical marijuana program that does not allow access, so people have to drive to another state. This is allowed in Oregon and he feels it is a land use issue. Medical cannabis is a big industry in this area. The legislation in place has tough regulations in it, providing background checks, security measures, surveillance, testing of products, and making sure all are labeled. He invited the Board to read 3460 and he will answer any questions they have. The only one who has more regulation in place for this is in Colorado. Maybe there is one application out there near La Pine for a dispensary. He does not feel this is an emergency situation. This would benefit people in that area who need it. __________________________ Jo Zachary, a medical marijuana patient, had a ruptured brain aneurism due to pesticide exposure, and is lucky to be alive. Medically, she has refractory epilepsy, and regular medications don’t work. The medical solution recommended was removal of all or part of the temporal brain. The medical part of marijuana works and is keeping her alive. For people with epilepsy, this is a life and death issue. The CDC said they anticipate a lot of cases of epilepsy in returning soldiers with brain injuries. She would like to get this pill along with her others from a regular pharmacy. She has spent a lot of time working in medical libraries, and monitors medical literature. The research from the last six months to a year is amazing. This is conventional research. She would be happy to work with the Board and provide with the latest information that is used by doctors. She suggested this ordinance be delayed while they learn more. __________________________ Tim Fratto, Jr. said he owns and runs a cannabis club here. His was the first to open and there have been many trials and tribulations by not allowing people access to this medicine. Minutes of Board of Commissioners’ Business Meeting Monday, March 17, 2014 Page 6 of 15 He sees more children today that are sick and there is nowhere for the parents to run to help them. He has four children ages 1 to 16, the only problem he sees are children not being educated properly. His oldest one tells him it is a gateway drug. For leukemia and epilepsy, this medicine has helped in ways the big pharmaceutical companies can’t. He tries to reach out to schools because he feels that education is key. Kids have parties using pharmaceuticals and alcohol as it is. Safe access points are important. He only sees sick patients, and some rely on others to grow their cannabis. There is a big number of troops coming back with PTSD and others who need safe medicine. Everyone who is sick deserves help and safe access points. __________________________ Chair Baney reminded the audience that they are not talking about within the cities, just the outlying unincorporated areas. __________________________ Nick Harsell is co-owner of a Bend dispensary facility. People who come to him really need this drug. Some of them have to travel long di stances and some don’t have that kind of money. By restricting access to other parts of the County where one could open will keep safe access points from them. They are trying to provide a clean, professional atmosphere. __________________________ Gladys Biglor, a resident of the area for 25 years, said they should follow Medford’s lead and enact the law. Public disclosure is needed, including how many are in the County, where they are located and the impact. All the County citizens need a full understanding of this. It is federally prohibited, and the top law enforcement officer has asked for a ban. The public must be informed and then weigh in, beyond this public hearing. A puny ad in the Bulletin doesn’t cut it as there is too much at stake. There seems to be more public notice when they cut a tree in the forest. By enacting a ban, they will have time to become informed. Along with concerns regarding medical issues, she does not want Deschutes County to look as trashy as Gold Beach, Oregon, as she feels it is trashy enough here already. Gold Beach has dispensaries all along its highway. (She provided written comments to the Chair.) __________________________ Minutes of Board of Commissioners’ Business Meeting Monday, March 17, 2014 Page 7 of 15 Chet Matwick said his wife is a patient. He has 30 years’ experience as a respiratory therapist and understanding breathing issues. Kids are exposed to this anyway, and are getting their products from the street, where they might be cut with just about anything. Wanting to stop the legal growth or running them out means they will use pesticides and insecticides and bring it here, where kids and those who need the medical part of it will get something questionable. There are many uses for cannabis. One problem is it being contaminated by the news media. There is little understanding of this product. It needs to be grown in a controlled environment so those who need it can depend on it. He knows several people who are not helped by medical science. People need to be more educated. __________________________ Jeremy Kwit operates Bloom Well, a community dispensary. He is speaking on behalf of the 3,100 patients in Deschutes County. They are required to have growers, and growers can only do this for four people. They can also designate a caregiver who can access this for the person, another 1,000. He is concerned about the emergency clause. This has been legal since 1998, and clarity was provided by the legislature last year. This is overseen by the Oregon Health Authority, police chiefs, sheriffs, the board of pharmacy and legislators. They crafted 30 pages of regulations, subject to open book policies, and they have to follow rules above and beyond any other business. The OHA deliberated on this for a long time. This ordinance would put politics before patients. Prohibition is based on fear and ignorance, and not on data. Other states show a decline in the use among teens where they have this in place. There is analysis from national organizations that examined local regulations and saw how this enhances safety and peace. They need to be aware of recent DOJ position, and the Oregon model is compliant. He acknowledged there is a concern regarding teen use. However, the California Pediatric Association says that where it is regulated, there is a minimized forbidden fruit effect and low-level dealers are no longer operating on the street . His siblings are drug abusers, and his sister was on meth. He does not think marijuana is that potent and does not provide the fix that th ose kinds of users want. (He submitted a document at this time.) __________________________ Minutes of Board of Commissioners’ Business Meeting Monday, March 17, 2014 Page 8 of 15 Ryan Garcia owns a facility and has operated for six months. He is from Florida where it is heavily regulated. His first experience seeing cannabis in use was his grandmother, who had terminal cancer. Her doctor could not legally prescribe it, but said it would help her. It made her last months much better but his father had to go to a black market dealer to do this. Perception in the media differs, and much is based on fear mongering. The University of Stanford Neuroscience Department stated that 83% of children who had epilepsy who received a tincture were drastically improved or became seizure free. The University of Madrid in Spain found that this can provide remission for some cancers. Quick search of this product shows 20,000 references to testing the effects on the human body. The average FDA approved drug has maybe one clinical trial and a lot fewer tests before it is approved for use. His concern is the safe access. Otherwise they push taxpayer dollars into the black market and enforce the illegal nature of the transaction. Legitimizing removes this. __________________________ Chris Worsling said he was previously from Georgia, and it is not a great place. He sustained an injury resulting in pain and other issues. After a year of medical care and examinations, he got worse and met a chiropractor who suggested alternative medicines other than hard pain drugs. He smokes marijuana daily to relieve the pain. It has made him functional. Patients like him need safe access rather than meeting up with someone shady in an alley. This goes against the will of the Governor, the legislature and the state. These boundaries need to be broken. __________________________ Jeremy Sackett, co-founder of Saskia Labs in Bend said they do testing on these products. He agrees with the points brought up by the prevention person. As a father, he wants to educate his daughter appropriately and does not want her using it. However, there are many opportunities for medical applications. It is important to carefully consider the County’s ban to restrict access to these products for beneficial use. He does not want to see them try to dismantle the OHA and state laws. Minutes of Board of Commissioners’ Business Meeting Monday, March 17, 2014 Page 9 of 15 There is no quality control in illicit distribution. A lab in California shows that many pesticides are transferred on cannabis that is not controlled. Lack of access drives people into the black market and greater potential for adverse effects. There has been much standardizing from a clinical standpoint and quality control. Knowing the product is safe through testing and regulation can bring this relief to patients. He opposed the ban and believes in safe access throughout the County. __________________________ Julie Spackman, a County employee in the Health Department - substance abuse, lives in Alfalfa and for her this issue is personal. Marijuana use was already voted down once or twice. The State law is poorly crafted and short- sighted. She is great concerns about the security of dispensaries in outlying areas. Law enforcement responses takes longer there. This is a casual system and these businesses may become magnets for criminals. Increased access to any substance increases use, and there are already softening attitudes about this. Oregon ranks #1 for marijuana use in children. Rates are almost twice as high as most places. Appeals regarding job growth must be tempered with what we already know. We spend about $10 on social costs of each $1 earned, ten times that of the income. She would like to see this banned until 2015 while it is researched. They are not in line with pharmacies, and there is not even a restriction of operators not being under the influence while they are working, so they may not be able to accurately dispense. Law enforcement can’t get to all the outlying areas. This will be at a high cost to primary medical care and addiction treatment programs. No one is equipped to manage this or respond as needed. Todd Hornex is a business owner and a resident of La Pine. He is attempting to open a dispensary on Burgess Road. It has been a store and gas station for about 40 years. He has heard a lot of similar testimony about the benefits, but there is a side not being addressed. He understands that President Obama feels that decriminalizing marijuana can reduce the prison population and the influence of drug cartels. There is a drug bust about every ten days, but they don’t hear much about marijuana busts. Compared to all else, this is minimal. Other drugs are much more detrimental to children and the economy, hard to quit, and none are prescribed as medicines. They are highly addictive and dangerous. Minutes of Board of Commissioners’ Business Meeting Monday, March 17, 2014 Page 10 of 15 Safe access is an issue to him. He knows patients there who are on SSI and disability who don’t have the time or money to come to Bend. Safe access to people outside the cities is essential for patients and the economy. Rules are leaning towards regulating this like alcohol, and it should be acceptable as well no matter what the zoning, if alcohol was already allowed. His family spent a lot of money on this and he spoke to Mr. DeBone about it previously. This might help the entire system. __________________________ William Kemp said he is a medicinal patient, and chose to do this on his own. He had chronic back pain since he was a boy, and was on prescription drugs and almost lost his life to them. He uses medical marijuana which enables him to function in society. He deserves to have his medicine as well. There is a heroin epidemic in the cities, as well as with narcotic drugs prescribed by doctors. Cannabis is not the same. He can function with it when he can’t on the harder drugs. He needs access to a dispensary for his own well-being. There are some fallibilities to the system but they can work through those. To deny access to medication is wrong. He does not want to be a pharmaceutical addict. He has not heard this about marijuana.. __________________________ Dru West, wrote a best seller book on growing marijuana. He hears feedback all the time. He is a writer for High Times and gives seminars world-wide on this subject. He has heard a lot of people talk about prohibition, because of ideas not based on facts. He has been hearing how bad pot is for decades, with little research to back this up. Many people die from alcohol use. He understands this is about putting in dispensaries. He suggested the Board wait until there is more information and facts from those who take it seriously. He hopes the Board has not already decided since he can get a lot more people involved in this over the month. At the very least, they need to put this off for a while so they can learn more about it. This is not an emergency, as dispensaries have been here for years. They should not be rash. He wants to offer his advice and expertise on this issue. __________________________ Minutes of Board of Commissioners’ Business Meeting Monday, March 17, 2014 Page 11 of 15 Bob Spackman is a rural resident. He said there are obviously changes coming. He would like for the Board to delay this for a year, to give more time to see what is going to happen. They need to watch other parts of the state. He is in favor of slowing this process down. __________________________ Chair Baney said that the District Attorney asked that his letter to be read into the record, and she did so at this time. (A copy is attached for reference.) __________________________ Sheriff Larry Blanton and other law enforcement officials were in attendance, and Sheriff Blanton read a statement into the record. (A copy is attached for reference.) He said if you apply the same math, and assume that medical mari juana is a good idea, this means they are short about 800 regular pharmacies in the County. It is not a prescription drug through the card. It is the #1abused drug in the U.S. __________________________ Laurie Craghead said that they have been following a land use process in the event it is considered on appeal to be one. Statute does not require it be addressed under land use. As of today, the Governor had not signed the relevant bill, so it is being handled under a land use regulations at this time. She said as they deliberate, they might want to consider leaving the record open in case they want new information or answers to questions other than procedure. Commissioner Unger stated he has a friend with cancer who uses marijuana to help with symptoms. He also recognizes the legislature allowed for dispensaries. But this last session they allowed local government to figure out time, place and manner; and to put in rules that are needed to make sure they know what they are doing. That is the choice today, follow State law and do a moratorium that would sunset in May 2015 to allow time to figure this out. That is why they are looking at this as emergency so there are not a lot of problems right away while the issue is so cloudy. There are plenty of ways to access this drug, so they could move forward to prevent proliferation in the County. The rural areas are residential in nature and there is less control over some things. Minutes of Board of Commissioners’ Business Meeting Monday, March 17, 2014 Page 12 of 15 Commissioner DeBone said this involves rural and residential areas. The legislatures are defining the laws at the state or federal level. This is land use in Deschutes County rural areas. He likes this being defined at the State level and does not want to be a leader in this area. It is an interesting discussion but a lot needs to be worked out. Chair Baney thanked everyone for being here and for sharing personal stories. Unfortunately, she does believe that there is an opportunity without a lot of sideboards in Oregon. The 17 applications they received could allow for these without thought to siting and what fits the local communities. All have to go through siting criteria and all components need to be there. There is some value and need for medicinal marijuana and some people are living proof of this. In the rural areas of the county they don’t have a lot of facilities for anything. Most are facilities for the basics. They should take a step back and make sure siting and manner of placement is right. There is availability for this medicine as stated in the urban areas, and the city of Bend offers many opportunities. The cities may want to take this on, but most services are not provided in rural areas anyway so people usually have to go into town. Ms. Craghead said because of conflicts between state and federal laws, they need time to figure this out. Going back to what the legislature offered in SB 1531 gives time to resolve issues and allow time for the 2015 legislature to look at it further. The local governments were given an opportunity to have a moratorium in a timely basis, which is the reason for the emergency clause. Also they can then clarify the language regarding AOC criteria for substances and use of the land. The Board supports the language from AOC, which mirrors what the legislature came up with. Commissioner Unger stated that the emergency clause is appropriat e. People have access today. They want to move more quickly due to the timeframe and to give time and space to breathe. Commissioner DeBone said pharmacy access would be ideal. They want to do this in a coordinated fashion so they then don’t end up having to take something away if it is handled differently by the legislature or others in the future. Minutes of Board of Commissioners’ Business Meeting Monday, March 17, 2014 Page 13 of 15 Ms. Craghead said they can close the public hearing if desired, and the new language would be read into the record if they want. She offered to read these changes into the record. She added the suggested wording from AOC. The title would change as well to delete references to ‘any controlled substance’, and subject to the areas only under the jurisdiction of Deschutes County. The hearing was closed at this point. UNGER: Moved first and second readings of Ordinance No. 2014-008, declaring an emergency, incorporating the changes that have been read into the record by staff. DEBONE: Second. Chair Baney did the first and second readings by title only. DEBONE: Move adoption. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. __________________________ Before the Board was Consideration of Approval of the Consent Agenda. DEBONE: Move approval. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. Consent Agenda Items 6. Signature of Resolution No. 2014-030, Transferring Appropriations within the Fair & Expo Fund 7. Signature of Resolution No. 2014-032, Appropriating a New Grant in the Public Health Fund Minutes of Board of Commissioners’ Business Meeting Monday, March 17, 2014 Page 14 of 15 8. Signature of Resolution No. 2014-033, Transferring Appropriations within the Non-Departmental Category of the General Fund 9. Signature of Resolution No. 2014-034, Transferring Appropriations in the 9-1-1 County Service District Fund 10. Approval of Minutes:  Business Meeting: March 5 and 12, 2014  Work Sessions: March 3, 5 and 12, 2014 CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 11. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $7,377.61. DEBONE: Move approval, subject to review. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 12. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the Amount of $1,908.26. DEBONE: Move approval, subject to review. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 13. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of $1,648,106.99. DEBONE: Move approval, subject to review. UNGER: Second. VOTE: DEBONE: Yes. UNGER: Yes. BANEY: Chair votes yes. 14. ADDITIONS TO THE AGENDA None were offered. Being no other items brought before th e Board, the meeting adjourned at 12:02 p.m. ooft ' DA TED this 7 --Day of _-=...;;;+-'-_______ 2014 for the Tamm~ Anthony DeB one, Vice Chair ATTEST: Alan Unger, Commissioner ~~r7J~ Recording Secretary Minutes of Board of Commissioners ' Business Meeting Monday, March 17,2014 Page 15 of 15 Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, MARCH 17,2014 Commissioners' Hearing Room -Administration Building -1300 NW Wall St., Bend 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Please complete a sign-up card (provided), and give the card to the Recording Secretary. Use the microphone and clearly state your name when the Board calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject ofa public hearing will NOT be included in the official record ofthat hearing. 3. CONSIDERATION of Board Signature of Resolution No. 2014-031, the 2015-19 Transportation Capital Improvement List -Chris Doty, Road Department Suggested Action: Move Board signature ofResolution No. 2014-031. 4. CONSIDERATION of Chair Signature of Document No. 2014-141, an Intergovernmental Agreement with Public Works Partners in MORE (Managing Oregon Resources Efficiently) Chris Doty, Road Department Suggested Action: Move Board signature ofDocument No. 2014-141. Board of Commissioners' Business Meeting Agenda Monday, March 17,2014 Page 1 of6 5. A PUBLIC HEARING and Consideration of First and Second Readings and Adoption, by Emergency, of Ordinance No. 2014-008, Adding DCC 9.04.040 to Prohibit Any Business or Sale of Any Federally Controlled Substance in any Deschutes County Zone Except as Allowed by Federal Law -Laurie Craghead, County Counsel; Nick Lelack, Community Development Suggested Action: Take testimony; close or leave hearing open, conduct first and second readings, adopt by emergency ifappropriate. CONSENT AGENDA 6. Signature of Resolution No. 2014-030, Transferring Appropriations within the Fair & Expo Fund 7. Signature of Resolution No. 2014-032, Appropriating a New Grant in the Public Health Fund 8. Signature of Resolution No. 2014-033, Transferring Appropriations within the Non-Departmental Category of the General Fund 9. Signature of Resolution No. 2014-034, Transferring Appropriations in the 9-1-1 County Service District Fund 10. Approval of Minutes: . Business Meeting: March 5 and 12, 2014 . Work Sessions: March 3, 5 and 12,2014 CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 11. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 12. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extensionl4-H County Service District Board of Commissioners' Business Meeting Agenda Monday, March 17, 2014 Page 2 of6 RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 13. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County 14. ADDITIONS TO THE AGENDA Deschutes County encourages persons with disabilities to participate in all programs and activities. This eventJlocation is accessible to people with disabilities. If you need accommodations to make participation possible, please call (541) 388-6572, or send an e-mail to bonnie.baker@deschutes.org. PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), litigation; ORS J92.660(2)(d), labor negotiations; ORS 192.660(2) (b), personnel issues; or other executive session items. FUTURE MEETINGS: (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. Ifyou have questions regarding a meeting, please call 388-6572.) Monday, March 17 10:00 a.m. Board of Commissioners' Business Meeting 1:30p.m. Administrative Work Session -could include executive session(s) Tuesday, March 18 8:00 a.m. Performance Management Meeting/Update -Adult Parole & Probation (at P&P) Thursday, March 20 8:30 a.m. Leadership Redmond Meeting (at the County) Board of Commissioners' Business Meeting Agenda Monday, March 17, 2014 Page 3 of6 Monday, March 24 10:00 a.m. Board of Commissioners' Business Meeting 1 :30 p.m. Administrative Work Session -could include executive session(s) Tuesday, March 25 1:00 p.m. Employee Benefits Advisory Committee Meeting Wednesday, March 26 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Thursday, March 27 9:00 a.m. Performance Management MeetinglUpdate -Human Resources Monday, March 31 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Tuesday, April 1 10:00 a.m. Substance Abuse Policy Meeting -at the County 3:30 p.m. Public Safety Coordinating Council Meeting Wednesday, April 2 10:00 a.m. Board of Commissioners' Business Meeting 11 :00 a.m. EDCO Annual Luncheon Meeting -at the Riverhouse 2:00p.m. Administrative Work Session could include executive session(s) -note later time Thursday, April 3 8:00 a.m. Joint Meeting with City of Sisters Council-Sisters City Hall 10:30 a.m. Performance Management MeetinglUpdate Assessor's Office Board of Commissioners' Business Meeting Agenda Monday, March 17,2014 Page 4 of6 Monday, April 7 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session could include executive session(s) Wednesday, April 9 10:00 a.m. Board of Commissioners' Business Meeting 11 :30 a.m. Redmond Chamber of Commerce, State of the City Address -Juniper Golf Club 2:00 p.m. Administrative Work Session could include executive session(s) -note later time Wednesday, April 16 2:00 p.m. Career Workgroup Meeting -Redmond Economic Development Office Monday, April 21 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session could include executive session(s) Tuesday, April 22 1 :00 p.m. Employee Benefits Advisory Committee Meeting Wednesday, April 23 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Monday, April 28 10:00 a.m. Board of Commissioners' Business Meeting 1:30p.m. Administrative Work Session could include executive session(s) Wednesday, Apri130 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, March 17,2014 Page 5 of6 Monday, May 5 10:00 a.m. Board of Commissioners' Business Meeting 1:30p.m. Administrative Work Session -could include executive session(s) Wednesday, May 7 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Wednesday, May 14 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session could include executive session(s) Monday, May 19 10:00 a.m. Board of Commissioners' Business Meeting 1:30p.m. Administrative Work Session could include executive session(s) Wednesday, May 28 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session -could include executive session(s) Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, please call (541) 388-6572, or send an e-mail to bonnie.baker@deschutes.org. Board of Commissioners' Business Meeting Agenda Monday, March 17,2014 Page 6 of6 STAFF REPORT FILE NUMBER TA-14-3 HEARING DATE: March 17, 2014 HEARING LOCATION: Barnes and Sawyer Hearing Rooms Deschutes Service Center 1130 NW Wall Street Bend, OR 97701 APPLICANT: Deschutes County Board of County Commissioners 1300 NW Wall Street, Suite 200 Bend, OR 97701 REQUEST: Text Addition to Deschutes County Code (“DCC”) 9.04 to prohibit the use of any building, structure, location, premises or land for any marijuana business or the sale of any federally controlled substance contrary to federal law in any Deschutes County zone under Title 18. STAFF CONTACT: Nick Lelack, Community Development Department (“CDD”) Director I. APPLICABLE CRITERIA Senate Bill (“SB”) 1531C (2014) ORS 203.045 Procedure for adopting ordinance; exception by charter or certain statutes II. BASIC FINDINGS A. BACKGROUND: Under ORS 475.314, facilities registered with the state to dispense medical marijuana were allowed in zones that allow commercial uses. Senate Bill 1531 was introduced in 2014 to allow cities and counties to regulate or restrict or prohibit the registration of medical TA-14-3, Deschutes County Board of County Commissioners Page 2 of 8 marijuana facilities allowed under ORS 475.314. That bill was met with opposition. By the end of the 2014 Legislative Session, a compromise was reached allowing cities and counties to enact a moratorium on the operation of registered medical marijuana facilities until May 1, 2015 so long as the moratorium is enacted no later than May 1, 2014. B. PROCEDURAL HISTORY: Although this moratorium is allowed by SB 1531C and, therefore, is not a land use decision, the Deschutes County Planning Commission was provided the opportunity to review the proposed moratorium and to provide its recommendation to the Board of County Commissioners (“Board”). The Planning Commission forwarded the proposal to the Board with no recommendation and urged caution in the wording of the moratorium. Notice of a public hearing before the Board was published on March 3, 2014 in The Bulletin. Staff submitted the ordinance and text addition to the Board on March 5, 2014. C. PROPOSAL: A text Addition to Deschutes County Code (“DCC”) 9.04 to prohibit the use of any building, structure, location, premises or land for any marijuana business or the sale of any federally controlled substance contrary to federal law in any Deschutes County zone under Title 18. D. PUBLIC COMMENTS: As of the date of this Staff Report, no public comments have been received by the Community Development Department. III. CONCLUSIONARY FINDINGS: A. SB 1531C (2014) SECTION 3. (1) Notwithstanding ORS 475.314 and section 2 of this 2014 Act, the governing body of a city or county may adopt an ordinance enacting a moratorium on the operation of registered medical marijuana facilities until May 1, 2015, in the area subject to the jurisdiction of the city or county if the moratorium is enacted no later than May 1, 2014 . FINDING: Because the above quoted section allows a local jurisdiction to enact a moratorium outright, such a moratorium is not a land use decision. Additionally, the above section of SB 1531 does not require any findings of compliance with any state or local land use regulation in order to enact the moratorium. Therefore, the adoption of this ordinance fits the definition in ORS 197.015(10)(b) of what is not a land use decision. B. DCC Chapter 22.12 LEGISLATIVE PROCEDURES TA-14-3, Deschutes County Board of County Commissioners Page 3 of 8 FINDING: Should such a decision be later found to be a land use decision, as stated above, in accordance with DCC 22.12.010, the staff provided the Deschutes County Planning Commission an opportunity to review the proposed text addition and make any recommendations to the Board. The proposed text to the Planning Commission was slightly different. “The use of any building, structure, location, premises or land for any marijuana business or the sale of any federally prohibited substance is prohibited by Deschutes County Code, and is not a permitted or conditional use in any Deschutes County zone under Title 18.” The Planning Commission forwarded the proposed text amendment to the Board with no recommendation and some of the members urged caution in how the amendment is to be worded in order to avoid unintended consequences. Since then, Laurie Craghead, Assistant Legal Counsel, discussed the proposed language with a prosecutor in the United States Attorney General’s office to better understand the federal definition of “Controlled Substance.” As a result, the language submitted to the Board on March 5, 2014 varies slightly in that it references “federally controlled substances” instead of “federally prohibited substance.” “The use of any building, structure, location, premises or land for any marijuana business or the sale of any federally controlled substance is prohibited by Deschutes County Code, and is not a permitted or conditional use in any Deschutes County zone under Title 18 except as allowed by federal law.” Notice of a public hearing before the Board was published on March 3, 2014, which is more than the ten days required in DCC 22.12.020(A). Since the proposed text addition was submitted to the Board, the Association of Oregon Counties (“AOC”) drafted a proposed form of ordinance that the Board may want to consider. “SECTION 1. Authority to Impose Moratorium on Marijuana Dispensaries Section 2 of this Ordinance is enacted pursuant to one or more of the following authorities: (1) The inherent powers of (insert name of local jurisdiction) pursuant to the Oregon Constitution and Oregon law. (2) The federal Controlled Substances Act, 21 USC 801, et seq. (3) (insert ordinance or code section number), requiring business license applicants be engaged in activity that complies with county, state, and federal law. (4) 2014 Oregon Senate Bill 1531. (5) 2013 Oregon House Bill 3460. SECTION 2. Moratorium on Marijuana Dispensaries TA-14-3, Deschutes County Board of County Commissioners Page 4 of 8 (1) There is a moratorium on the operation of any marijuana dispensary in any area subject to the jurisdiction of (insert name of local jurisdiction). (2) As used in this section, "marijuana dispensary" includes any facility that dispenses marijuana pursuant ORS 475.314, or any other provision of Oregon law. SECTION 3. Notice to Oregon Health Authority A copy of this Ordinance shall be forwarded to the Oregon Health Authority by regular mail, and by any other such means as required by rule of the Oregon Health Authority.” Should the Board desire to enact the above, the discussion in Section D. below under Subsection 6 provides the process for adopting the alternative language. Sections 1 and 3 of the AOC version would be clauses in the ordinance and Section 2 would be the actual text addition, in other words, the new Exhibit A. If the Board chooses this version, staff will create the new draft as soon as possible and have it available for signature that same day. C. ORS 215.503 Legislative act by ordinance; mailed notice to individual property owners required by county for land use actions. (M56 Notice) (4) In addition to the notice required by ORS 215.223 (1), at least 20 days but not more than 40 days before the date of the first hearing on an ordinance that proposes to rezone property, the governing body of a county shall cause a written individual notice of land use change to be mailed to the owner of each lot or parcel of property that the ordinance proposes to rezone. (9) For purposes of this section, property is rezoned when the governing body of the county: (a) Changes the base zoning classification of the property; or (b) Adopts or amends an ordinance in a manner that limits or prohibits land uses previously allowed in the affected zone. FINDING: The above statutory provisions are not applicable to the subject County Code text amendment because the uses are prohibited by federal law. Thus, to require the County to permit such uses puts the County in a precarious situation of possibly violating that federal law. Furthermore, no persons could make a valid claim that their properties lose value by being prohibited from using their property in a way that violates federal law. D. 203.045 Procedure for adopting ordinance; exception by charter or certain statutes. TA-14-3, Deschutes County Board of County Commissioners Page 5 of 8 (1) This section does not apply to a county that prescribes by charter the manner of adopting ordinances for the county or to an ordinance authorized by a statute other than ORS 203.035. FINDING: Deschutes County is a “General Law” county and does have a charter. Therefore, this statute applies to any ordinance adopted by the County. (2) The ordaining clause of an ordinance adopted under ORS 203.035 shall read: (a) In case of adoption by the county governing body only, “The (name of the governing body) ordains as follows:”. (b) In case of adoption or ratification by the electors of the county, “The People of (name of county) ordain as follows:”. FINDING: The ordinance includes the appropriate ordaining clause. (3) Except as subsections (4) and (5) of this section provide to the contrary, every ordinance of a county governing body shall, before being put upon its final adoption, be read fully and distinctly in open meeting of that body on two days at least 13 days apart. (4) Except as subsection (5) of this section provides to the contrary, and except ordinances imposing, or providing exemptions from, taxation, an ordinance necessary to meet an emergency may, upon being read first in full and then by title, be adopted at a single meeting of the governing body by unanimous vote of all its members present, provided they constitute a quorum. (5) Any reading required by subsection (3) or (4) of this section may be by title only: (a) If no member of the governing body present at the meeting requests that the ordinance be read in full; or (b) If, not later than one week before the first reading of the ordinance, a copy of it is provided each member, copies of it are available at the headquarters of the governing body, one copy for each person who requests it, and notice of the availability is given by: (A) Written notice posted at the courthouse of the county and two other public places in the county; and (B) Publication at least once in a newspaper of general circulation in the county, designated by the county governing body and published in the county or, if no newspaper is so published, then in one published elsewhere. FINDING: Per direction from the Board, the ordinance is proposed to have the first and second reading by title only and be adopted by an emergency clause in compliance with TA-14-3, Deschutes County Board of County Commissioners Page 6 of 8 the above provisions. The purpose for the emergency is to prevent as soon as possible the establishment of marijuana dispensing facilities in the unincorporated county area. (6) An ordinance adopted after being read by title only may have no legal effect if it differs substantially from its terms as it is thus filed prior to the reading, unless each section incorporating such a difference, as finally amended prior to being adopted by the governing body, is read fully and distinctly in open meeting of that body. FINDING: Should the Board desire to change the proposed language to that proposed by the Association of Oregon Counties or to any other language, in order to conduct the first and second readings by title only and adopt the ordinance on March 17, 2014, the Board will need to read into the record in its entirety the revised ordinance and text section. Legal staff will attend the meeting to provide guidance as to how to conduct that reading. (7) Upon the final vote on an ordinance, the ayes and nays of the members of the governing body shall be taken and recorded in the record of proceedings of the body. (8) Upon the adoption of an ordinance by the governing body in accordance with this section, the chairperson and recording secretary of the body at the session at which the ordinance is adopted shall sign it with the date of its adoption and with their names and titles of office or position. (9) An ordinance adopted in accordance with this section, if not an emergency ordinance, shall take effect on the 90th day after the date of its adoption, unless it prescribes a later effective date or is referred to the electors of the county. If an ordinance is referred to the electors, it shall take effect only upon the approval of a majority of those voting on the proposed ordinance. An emergency ordinance may take effect immediately upon the date of its adoption. FINDING: The ordinance will be adopted in accordance with the above. IV. CONCLUSION AND RECOMMENDATION: The Board should conduct the public hearing. If the Board chooses to move forward with the ordinance after the public hearing, the Board should choose which version of the text amendment it prefers: As submitted to the Board: “9.04.040. Controlled Substances TA-14-3, Deschutes County Board of County Commissioners Page 7 of 8 The use of any building, structure, location, premises or land for any marijuana business or the sale of any federally controlled substance is prohibited by Deschutes County Code, and is not a permitted or conditional use in any Deschutes County zone under Title 18 except as allowed by federal law.” As proposed by AOC: “9.04.040. Controlled Substances A. There is a moratorium on the operation of any marijuana dispensary in any area subject to the jurisdiction of Deschutes County. B. As used in this section, ‘marijuana dispensary’ includes any facility that dispenses marijuana pursuant ORS 475.314, or any other provision of Oregon law.” If the Board chooses the latter, the ordinance itself will be changed to read (Track Changes included to show the amended language.): WHEREAS, the Board of County Commissioners (“Board”) ini tiated an amendment to Deschutes County Code Title 9 to add Chapter 9.04.040 Controlled Substances; and WHEREAS, after a duly noticed public meeting, on February 27, 2014, the Deschutes County Planning Commission reviewed the amendment and voted five to zero (5-0) to forward the amendment without taking a position to the Board; and WHEREAS, after a duly noticed public hearing, on March 17, 2014 the Board approved the amendment to Deschutes County Code; and WHEREAS, Section 1 of this Ordinance is enacted pursuant to one or more of the following authorities: (1) The inherent powers of (insert name of local jurisdiction) pursuant to the Oregon Constitution and Oregon law. (2) The federal Controlled Substances Act, 21 USC 801, et seq. (3) 2014 Oregon Senate Bill 1531. (4) 2013 Oregon House Bill 3460; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. ADDING. Deschutes County Code Section 9.04.040 Prohibited Substances is added to read as described in Exhibit “A”. Section 2. EMERGENCY. This Ordinance being necessary for the public peace, health and safety, an emergency is declared to exist and this Ordinance takes effect on its passage. TA-14-3, Deschutes County Board of County Commissioners Page 8 of 8 Section 3. A copy of this Ordinance shall be forwarded to the Oregon Health Authority by regular mail, and by any other such means as required by rule of the Oregon Health Authority. Dated this 10th day of March, 2014 NOTICE OF PUBLIC HEARING The Deschutes County Board of County Commissioners will hold a Public Hearing on Monday, March 17, 2014, at 10:00 a.m. in the Barnes and Sawyer Rooms of the Deschutes Services Center, 1300 NW Wall St., Bend, to consider the following request: FILE NUMBER: TA-14-3 SUBJECT: Adoption of an ordinance to prohibit the use of any building, structure, location, premises or land for any marijuana business or the sale of any federally prohibited substance in any Deschutes County zone under Title 18. APPLICANT: Deschutes County STAFF CONTACT: Nick Lelack, Nick.Lelack@deschutes.org Copies of the staff report, application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at the Planning Division at no cost and can be purchased for 25 cents a page. The staff report should be made available 7 days prior to the date set for the hearing. Documents are also available online at www.deschutes.org. Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, please call the ADA Coordinator at (541) 388- 6584. 3/17/2014 BOARD OF COUNTY COMMISSIONERS Ordinance 2014-008 Marijuana Dispensaries Prohibition File No.TA-14-3 March 17,2014 Background Feb.20: Planning Commission voted 5-0 to forwardTA-14~l to Board without taking a positton Staff noticed public hearing for March 17 per DeC requirements; published on March l 201 .. Legislature! considered various iterations of S8 1531 throughout leulon, passed 58 1531 C at end of the session -effective immediately S8 1531 C permits cities/counties to regulate and/or enact a moratorium on medical marijuana dispensaries (moratorium must be in plac. by May 1,2014 until May 1,1015) March 10: Staff report & new <altt lrom AOC po.ted lor 80ard consideration bas.. on S8 15JIC March 12: Board work session Language Comparison language Presented to Board Aoe proposed language 9.04.040.Controlled Substances 9.04.040.Controlled Substances The use of any building. structure, A There is a moratorium on the location, premises or land for any operation of any marijuana marijuana business or the sale of any dispensary in any area subject to federally controlled substance is the Jurisdiction of Deschutes prohibited by Deschut.s County County, Code. and is not a permitted or conditional use in any Deschutes 6, As used in this section. 'marijuana County zone under Title 18 except dl$pen$3ry' includes any bcility as .llowed by fed ....IIaw, that dispenses marijuana pursuant DRS 47S,314. or .ny other provision of Oregon law." Background 2013: Legislature """"" H8 3460 -Oregon Medinl Marijuana Act. AOC: Hmost un.....lat.d marijuana dispensary program in our nation.'t Undttar whetMr cities/counties can ban medkal marijuana disp.nsaries. LOC: ''TIt. Oregon Su"""",, Court has already noted a p ....mption 01 the Ontaon Medical Harij_Act... unlikely that a court would find that citi.. must ....or participate In a violation 01 tha t.deral Controla.d SubstancM Act." 10Il-2014: CitM... counti.s across the .tate taking various actions to ban or regulat. medical mariju.... fadliti•• given I.gal unc.rtaintiM at the federal .. stat. Iw.ls,. Mid....bruary: Board directed .talfto initiat.TA.I ...J to ban marijuana bu.in....... tha .... of oth.r led.rally prohibited substancfl. Ordinance 2014-008 De§chutes County CodeTitle 9 Public Peace and Wellare:new section 9.04.0"0 Not a land use regulation or decision Proposed by emergency (effective immediately): -18 tSlJC iseffecti¥etyimmedlatetr To __the pWlk """",. halth .. safety Enter <:ase fife into the record -coo hu receMd one email Board Options Adopt Ordinance 2014-008 (altemative I or 2) by Emergency Adopt Ordinance 201 4-008 (altemative I or 2) Continue the public hearing to a date & time certain Deny Ordinance 2014·008 . ~.~< .........'.:..",.,(~ .. ~ 1 V) 0::: u.J Z o- u...V) O~ Q~ o:::~ «0 Ou co> I Z ::J o U c o ..c oo...c:: o e oc..m-.:::t ~V)I~~OJ-.:::to .-~ ,....,..o s-I \"""1 N c'o ~ ... OJV)~f'... u C • ~ C OJ 0 ...c::"" c.z U \U V) s- C .-OJ 0_ 0 _ c'o""C ._, s-c'ou..-=:::::: o c c'o :::J....... . Language Comparison Language Presented to Board 9.04.040. Controlled Substances The use of any building, structure, location, premises or land for any marijuana business or the sale of any federally controlled substance is prohibited by Deschutes County Code, and is not a permitted or conditional use in any Deschutes County zone under Title 18 except as allowed by federal law. Aoe proposed language 9.04.040. Controlled Substances A. There is a moratorium on the operation of any marijuana dispensary in any area subject to the jurisdiction of Deschutes County. B. As used in this section, 'marijuana dispensary' includes any facility that dispenses marijuana pursuant ORS 475.314, or any other provision of Oregon law." Medical Marijuana Facility Moratorium Ordinance Introduction In March, 2014, the Oregon Legislature passed Senate Bill 1531, which purports to restrict local government regulation of medical marijuana facilities to only time place and manner restrictions,I unless a city or county (local jurisdiction) enacts2 an ordinance declaring a moratorium and notifies the Oregon Health Authority of such moratorium by May 1,2014. SB 1531 limits the moratorium to May 1, 2015, after which it is replaced by the time, place, and manner restrictions. To aid local jurisdictions in implementing local decisions, the League of Oregon Cities (LOC) and the Association of Oregon Counties (AOC) have prepared this model moratorium ordinance. The model is not a substitute for legal advice. Any local jurisdiction considering a moratorium should consult with legal counsel to obtain advice regarding the advantages, disadvantages, limitations, and applicability of such an ordinance to local circumstances. This sample is intended to be a starting, not an ending point, for any jurisdiction considering a moratorium on medical marijuana facilities. The law in this area is complex, and jurisdictions might face unintended consequences by simply adopting the following model without adequate legal counsel. This model is predicated on the understanding that the moratorium represents an exercise ofthe jurisdiction's home rule authority and police powers to prohibit certain activities within the territorial limits of the city or county.3 Pursuant to SB 1531, the moratorium has the additional effect of removing the immunity provisions ofthe Oregon Medical Marijuana Act for anyone operating a medical marijuana facility in an area of a moratorium, notwithstanding that they may be a medical marijuana card holder or previously registered with the Oregon Health Authority underORS 475.314. Jurisdictions that adopted a moratorium type ordinance prior to the effective date of SB 1531 are advised to consult with legal counsel to determine the adequacy of the prior enactment and its relationship to SB 1531. Finally, it is important to note the jurisdictions that adopt a moratorium must notifY the Oregon Health Authority. The Oregon Health Authority is currently developing a process by which local jurisdictions may provide such notice. LOC and AOC are monitoring that issue and will provide additional guidance when known. Model Ordinance AN ORDINANCE OF THE {CITY/ COUNTY} OF {NAME} DECLARING A MORATORIUM ON MEDICAL MARIJUANA FACILITIES, AND DECLARING AN EMERGENCY WHEREAS, the Oregon Legislature enacted House Bill 3460 (2013) which requires the Oregon Health Authority to develop and implement a process to register medical marijuana facilities; WHEREAS, House Bill 3460 (2013) directed that persons who operate or are employed by a registered medical marijuana facility would enjoy immunity from state prosecution; WHEREAS, the issue of whether a local government believes a certain type of business should operate within its jurisdictional limits is a local government decision, the enforcement of which is subject to the general and police powers of that jurisdiction; WHEREAS, the Oregon Legislature enacted Senate Bill 1531 (2014) which removes immunity from state prosecution for a person who is responsible for or employed by a registered medical marijuana facility located in an area subject to the jurisdiction of a city or county that enacts a moratorium prohibiting the operation of a medical marijuana facility; and WHEREAS, the {City Council/County Board of Commissioners} believes it is in the bests interests ofthe health, safety and welfare ofthe citizens of {City/County Name} to enact such a moratorium prohibiting the operation of a medical marijuana facilities within the jurisdictional boundaries of {City/County Name}; NOW THEREFORE, BASED ON THE FOREGOING, THE {CITY/COUNTY NAME} ORDAINS AS FOLLOWS: MORATORIUM DECLARED. The {City/County} of {Name} hereby prohibits the operation of any medical marijuana facility in any area subject to the jurisdiction of {City/County} of {Name}. As used in this section, "medical marijuana facility" includes any facility that dispenses marijuana pursuant to ORS 475.314 or any other provision of Oregon law. [DURATION OF MORATORIUM. The moratorium imposed by this ordinance shall be effective until May 1,2015, unless rescinded sooner. 4] ENFORCEMENT. The {title of public official, i.e., chief of police, sheriff} is charged with enforcement of the moratorium. REMEDIES NOT EXCL USNE. The remedies available under Senate Bill 1531 (2014) for a violation of the moratorium imposed by this ordinance are not exclusive of any other remedies available under any applicable federal, state or local law. It is within the discretion of the {City/County} of {Name} to seek cumulative remedies for a violation of the moratorium imposed by this ordinance. SEVERABILITY. If any provision of this Ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its s passage. 1 SB 1531 is predicated on the assumption that the preemption in SB 863 (adopted in the 2013 Special Session and codified at ORS 633.738) includes medical marijuana. SB 863, known as the so called "Genetic Modified Organism (GMO) Bill," preempts local regulations of certain agricultural products. Specifically, SB 1531 states that, notwithstanding the preemption in SB 863, local governments may impose reasonable time, place, and manner regulations on medical marijuana. Likewise, SB 1531 assumes that HB 3460 (the so called "dispensary bill" codified at ORS 475.314) may preempt local authority to regulate medical marijuana facilities. However, it is debatable whether SB 863 or HB 3460 indeed preempt local control of medical marijuana, and if so, whether that preemption is, in turn, preempted by federal law under the analysis set out by the Oregon Supreme Court in Emerald Steel Fabricators, Inc. v. Bureau of Labor and Industries, 348 Or. 159, 230 P.3d 518 (2010). Consequently, local jurisdictions are encouraged to consult with their legal counsel to obtain an opinion on the relationship ofSB 863 and HB 3460 to SB 1531 and federal law , to determine whether the jurisdiction is limited to only "reasonable time, place, and manner" restrictions, either without or after a moratorium. 2 SB 1531 expressly uses the term "enact." The Oregon Court of Appeals has held that the term "enact" refers to the date upon which the governing body took the final action required under its rules, and not necessarily its effective date. American Energy v. City of Sisters, 250 Or App 243, 280 P3d 985, rev den 352 Or 377, 290 P3d 813 (2012). In order to make the May 1,2014, deadline, cities that desire to impose a moratorium should examine their rules and determine whether they are able to suspend certain rules to expedite the adoption of the ordinance. 3 As an exercise of the jurisdiction's police powers, this model is separate and distinct from a land use moratorium that operates to suspend a local jurisdiction'S land use actions tor a period of time. Consequently, as drafted, this model prohibits the operation of a medical marijuana facility, but does not suspend the application ofbusiness license or land use ordinances, which could already restrict the issuance ofa license or permit ifthe proposed business or land use activity is unlawful under local, state, or federal law. Nonetheless, local jurisdictions should consult with their legal counsel on the applicability ofORS 197.610 to their situation. 4 Local jurisdictions will want to carefully consider whether to put a sunset provision in the ordinance. It may be that the Legislature in 2015 extends or removes the sunset imposed by SB 1531. In addition, jurisdictions that take the position that neither SB 863 (2013) nor HB 3460 (2013) preempts local regulation of medical marijuana facilities, or that take the position that any such state preemption of local authority is itself preempted by federal law under the overridden by federal law under the analysis set out by the Oregon Supreme Court in Emerald Stee I Fabricators, 348 Or. 159, and that desire to maintain a moratorium beyond May 1,2015 should not include this sunset provision in the ordinance. S Although SB 1531 requires a governing body desiring to impose a moratorium to enact the ordnance by May 1, 2014, this ordinance includes an emergency clause to make the ordinance effective upon adoption. ------------------------------------------ BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest 0 .,.d~,f) CLt\ ~ Date 3/ ''7-/1 t Name sJe£<; \ <2JA-JO-AJ ~ --~~~=-----------------~-------------------- S _'--~ -.!......:-...:~=-=--.!....-...:~::::::..-=~=--...!.-~.l/:.....~_Address _ -""",h:' ....::::=~___tttu ~~1 { ~~ Phone#s 54 t -33()-Y <03 d \ E-mail address J ess I UL. ; ~U @otD ch '-\.W e"_ ~ , , ~ ~ In Favor D NeutrallUndecided D Opposed Submitting written documents as part of testimony? 0 Yes D No BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Date ~5-17-/~ Phone #s .5Z//-51 Z -t!J &' "I 3' E-mail address D In Favor D NeutrallUndecided ~osed _Submitting written documents as part of testimony? DYes / BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest _/.;....=..Wq..l:..,"'.L-..+'...IL...:~~",L7J...=::...;.}-1ft..:::.....:.~~~: Date # Y Name ----t-:Vl € h l U Address I ::< 3 I' N; W-'-r;:~Al/e Be no( Phone #s ~~i ~0 ::L 3 7'-j -c9 ?od E-mail address ,~1 e · i~'j./d u r-~.&1-lYLe( ,(. ~ D In Favor D NeutrallUndecided ~Opposed Submitting written documents as part of testimony? M~es D No BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Address h07±3 WI I \ o:rJ Wak.... L~oy ~'-d DJ:-: Phone #s 5'f-f ' ,3~q , if,7 8' v E-mail address bet Cb0S <P. b{'d 10 (OC\;/ Jot:; t''. d, Gtroo ~In Favor D NeutrallUndecided 0 Opposed 0+ +~ (fct 1('0 T$.£ +0 b.A r-li_ Submitting written documents as part oftestimony? D Yes L.Id"No BOARD OF COMMISSIONERS' MEETING Agenda Item of Interest ----'--.....J-!..:~'---~-------I---'£~-I- Name U -+~~~~~--~~~~--~~~~---------- Address _---L-l-'-7""""'"J....;......Lr-+-9_..A-=......L-Lfl--'-kJ~R!o.......l.g_¥=~.:.....t.r--l/:....l.<!::.£=--'-:....,....D~-I-e.+k-/Jf---- 13 E t$~7 q 7 70) Phone #s -------ils....J-J-I?~3,,)._-----I7'-;'-I~fj:f,._3~--------- E-mail address __C!...-~()..----=-II/~tS.£+6-;;Df--1o!.}..2...l-}--!:::t:..:...r-jg~.--..L..II1$~N.:::.-L-......I(2~6u.LfJ:)+-___ D In Favor ~ NeutrallUndecided D Opposed Submitting written documents as part of testimony? D Yes ~No BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Agenda Item of Interest --L./~1J....!......---...:...../....:..~_-...::=.3=--_____ Name IlZc/;?(/ £ 4 r4r'5 '/ Address 1133 4/u/ /Lh;/, i;'u!r <20 z..fT I /Y0d J t2 R I Phone#s 51//-f(qJ -[88 Y Date Il/f#/fZ()/y E-mail addre~ss f/i/f\AlQ ~(S ;;>rn (\h,({)~ ('5)Clr-J, (0 ~ In Favor D NeutrallUndecided ~ Opposed I 1 Submitting written documents as part of testimony? Yes ~No ------------------------------------------ BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest _W\,---(..;;...~.;:;.;;c~=-I_M_""-.....,~r+I_i..I'--"'_'_"t.~_r_('S_ft-_,_'c_h_Ik...;;..>_ Date J -I'l .. I If Name ________Tt_o___2_~_C_k_C~~+~----------------------------- Address L "3 S' 3 C( 51 'u-ro.,. L ~ .., r'I ------~--------------------------------------- Phone #s 5"" til jJ 0 e -"3 ~b It --~~i~-------------------------------------- E-mail address __---"-* _____I1 AA'-~~-Jo-o_fJ_~__l.(N---r1J~""4j......;;.:....("-!-,.;;..,('::;";~~'--______ o In Favor D NeutrallUndecided G Opposed Submitting written documents as part of testimony? DYes g No BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item ofInterest ?,c' 0'1~\ 1 a ptit 1 C Iv \)s Date?;»/ =;-/; if r ' ---:---- Name "/1141 blQZW ~(2 . Address It? 5-~U/ !lqyr"S-due· /3hzvl ov2 qrt-o/ Phone #s 5'1/-'35-0 -/7-tJ ) E-mail address o In Favor ~NeutrallUndecided o Opposed Submitting written documents as part of testimony? 0 Yes 00 No BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Date 3/(=r b '1 l I Admess ____~l_~~o~~N~w~~F~eJ~e~v~~_~~~~~._________________ Phone #s S~\' G~ Z -Z 3 G G E-mail admess n I~ll<.. h(.\v).{ (l G2 JVIae( " I ;(0 VVl. o In Favor D NeutrallUndecided ~ Opposed Submitting written documents as part of testimony? D Yes ~No BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Agenda Item of Interest M tJ/( ;.:Tt/;if.v# ~Nb Name G' ~-4: Vs/J ~ g/~.?;cpz. 7 Admess (0 0(/..}"'7 <7 edt?f: 6 7 --g~J;;> d)tL 7/,';/0/ Phone #s 57/1 -J cr-~ -0 5 Y ? E-mail admess _--fj--=b_:+f--,l,--o_'_..::G=tiJ",-_.J+Cj.L-A-:..-<:t_~/_·_(]_pl_n~______ D In Favor D NeutrallUndecided ifOpposed Submitting written documents as part of testimony? ffv es 0 No ---------- -------------------------------------------- - BOARD OF COMMISSIONERS' MEETING REOUEST TO SPEAK Agenda Item of Interest P1 f2 oI/V: J Date 17-1r11ll -/~ Name (. ~~r 1l1£77;ll c ~ Address b () l' 70 1/ L PI jj ..0 L1/ '73~1 c)fL Phone #s tr'~I/-tiP d -tj~) 7 E-mail address yY1 q ltV ~ c l G Co I N J.. C tJ 0/f..., Opposedo In Favor D NeutrallUndecided NoSubmitting written documents as part of testimony? DYes BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK 'lil1tl Agenda Item of Interest r!~if"iU '"".!I PI ~~ ~ \i'\tt Ss Or.) ttl Date Name ~r e. 11"\.1 kw \ r Address \~l 5 1 N \tJ Lv I'vlbv lc I'\,( 'be_,..), \ () R-qi-1-01 Phone #s S ~( l ~ q q Dt -3 () 5 I . La ""1 VA!-! () t. fVl t.f~ Jl. ',lf~ ,1./"'\ o Opposed Submitting written documents as part of testimony? BYes 0 No BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK , lJJ1(V7 r~' Agenda Item of Interest f v . .J.v1 .. ! . ~ v.'" '-7 Date f ---- Name r~yCh (;/ (, ct Address 2?17, I/)Lc l if / '-" ..{ ...D, ,,',- Phone #s '--'if ~~ '7/' /' ,/ E-mail address -;2. (' rc.£.-:i ~?fJ~~/ / 'f L.-., ~avor o NeutrallUndecided D Opposed Submitting written documents as part of testimony? [J}1es 0 No BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest _---!.~-=-_'LJi ;l;_~L-' S / J-'1//-/....:....:......:..-~_.__ -J---Date Name t f-I.f4 5 /Np"v,;] Address q tj / ~ 1ZtfJ ~fA ----~------~~------------~------------- r¥JI'/t/J/)tr 0/ q~/2JI Phone #s Sr;/ -bC/ 7 ~/t':;;?"7 --------------~--------------------------- E-mail address __!:P---t-_I-h_.~_~_._()_r;_C~_·....::.fJ_6rM-.I4-.1_II-"6-.f1/J---- o In Favor D NeutrallUndecided -&Opposed Submitting written documents as part of testimony? 0 Yes ~ BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest flu: tJUf:l6fJS TA ~ '4-:s Name 11\fM.¥ k ~M.;~£rT } I'MtAPtA l.ke>'5 l.LC Address ZO;~D EMfIRE' A\l141\10E ~Qlrr E I Phone #s CSt{ l·lr~, 1';1'J E-mail address J~Ci6lfr:OJA -LA-eo u:>M D In Favor D Neutra11Undecided ~Opposed Submitting written documents as part of testimony? D Yes ~No BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item ofInterest ;!;,u;J /l.ALi<a })~w Date ,7,/!I 11'1 I n U I Name , lWflcr 0;.; It ~...t4-.,,'-- v I Address 630,;;~' S~vt.,'~f-J&:{ ~~? 9??CI Phone#s ill 2f3~ 3~Bl E-mail address *Ilt.~i@ /,,,-4ut~, ~ 'fr-I, In Favor D Neutra11Undecided D Opposed~lJ~ Su~tting written d~ents as part of testimony? 0 Yes 0 No /<J"' BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Phone #s 1;4 { S'SL f7 / 7' E-mailaddresSjY f~ ~C! ~m"" ,'I 'Col"i\ ~ In Favor D NeutrallUndecided D Opposed Submitting written documents as part of testimony? DYes 4J No BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest ____________ Date 1" / 7~201"1 N~e ____~0/~,'/~/~~_~__~~~~~~e-----------------, Address ----!:::~:::....L..:...!.:..-./_L..5..!:_·0/~---L!.;(,.c..::..:.,M,.6~!:..L:/lJ..C.~=----..~A...:.....1/<---==------ Phone#s S «/.;2 <60-72/ 'I E-mail address b.-/kAA _///1 .# ~ho~ c.,~ 11] In Favor D NeutrallUndecided Submitting written documents as part of testimony? DYes D Opposed D No -------------------------- BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest _--=----=---_-..:....__---=-.:.._____ Date --=-___( Name _~~'//~>~. ___________________=-l ~~~L ~- Address ---~-------~~~-~--------- Phone #s E-mail address ---~------------------- o In Favor o NeutrallUndecided -0 Opposed Submitting written documents as part of testimony? 0 Yes D No BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest &.rD"'-AlA t>6 re,~9:(6es Name to \J :S ft:tG l tl\Nf--V\ Address 6 30 Z 5 :5e-h lI1A·f eX + gJ t)eLAl OL 177() ( Phone#s 54' /3f!Z-/3 6 97 E-mail address6f~4LM6\.1A1-~fhd-wvt ~ ( , C O l0. ~ In Favor o NeutrallUndecided o Opposed Submitting written documents as part of testimony? 0 Yes D No / Good morning! I am the Prevention Coordinator for Deschutes County. Our staff is responsible for working with the community to implement what we know works to prevent substance use/abuse, problem gambling, bullying and suicide. Today, I am representing Health Services and the health concerns that my agency has with marijuana. We are very concerned about our kids accessing marijuana and other drugs. Most marijuana use begins between the teen years to the early 20's, when the brain is still developing. This is of particular concern in Oregon, which has the highest rates in the Nation for 12-17 year old marijuana use (2). let me say that again, there are more 12-17 year olds in Oregon using marijuana than in any other state. This is a problem in multiple ways. First, we now know the brain isn't fully developed until the mid-twenties. When psychoactive drugs are introduced when the brain is still developing it interrupts normal brain function and, depending on the level of use, can permanently change its structure and function. These changes contribute to diminished physical and academic performance such as skipping school and poor grades. Secondly, we know that when people begin using at a young age they have an increased risk of having a problem with addiction in adulthood. In the case of marijuana the addiction rates are 1 in 6 for persons under 18 years old compared to 1 in 11 amongst older adults. Nationally, 68% of all medically necessary drug treatment admissions for youth ages 12-17 are for marijuana. The current medical marijuana program and the rules governing dispensaries are not strong enough to protect our community's young people. In fact, in many respects the rules disregard MOST of what we know will protect kids. The current rules DO NOT do enough. We have seven recommendations to decrease youth access and use of marijuana: 1. Reduce the availability of marijuana through bans or density limits. When a drug is made more available whether it is legal or i"egal, youth rates of use increase. 2. Ensure that packaging, marketing and product placement within and outside a business does not influence minors in any way. This means more than placing a "minors not allowed" sign in the window, but also restricting how and where products are marketed. The more our kids see a marijuana leaf advertised the more likely they will begin to assume that 'everyone uses marijuana', when we know that everyone does not. PERCEPTION will drive their reality. We can do more to ensure that their reality is accurate. 3. Prohibit THC infused products that are attractive to youth (for example, lollipops, soda, gummy bears). last week there were two news reports about kids giving other kids candy and only after consuming the candy did they find out the candy was infused with marijuana. These stories came out of Washington and Colorado where the laws are weak regarding marijuana infused edibles. 4. Require credentialing and training for employees who dispense marijuana similar to pharmacy technicians and staff. 5. Prohibit employees from working under the influence -similar to restrictions placed on alcohol servers. We don't allow people to serve alcohol while they are intoxicated because mistakes are made. Why would we allow OMMP card holding staff to smoke while they dispense medical marijuana? 6. Provide consistent information to customers at the point of sale regarding the risks of youth marjjuana use and recommendations for keeping drugs in a secure location. 7. Support prevention education, strategies, and policies that will uphold successful and resilient youth and communities. As your substance abuse prevention program, we are charged with this work, but we cannot do it alone. The best prevention ONLY works when our laws, education, community awareness and enforcement are in sync with each other. The decision you are contemplating today would make great strides toward keeping our community healthy. It would support our kids. Thank you for your consideration. Recommendations for improved youth marijuana prevention 1. Reduce availability through bans or a per capita dispensary limits. When a drug is made more available whether legally or illegally in a community, youth access and abuse increases. 2. Ensure that packaging, marketing and placement within and outside a business does not influence minors. Consider similar approaches to alcohol and tobacco. 3. Prohibit THC infused products that are attractive to youth. For example, lollipops, soda, gummy bears. 4. Require credentialing and training for employees who dispense medical marijuana, similar to pharmacy technicians and staff. 5. Prohibit employees from working under the influence similar to restrictions placed on alcohol servers. 6. Provide consistent information to customers at the point of sale on the risks of youth marijuana use and ways to keep drugs in a secure location. 7. Prohibit dispensaries from locations where kids are known to frequent. 8. Support prevention education to the community about marijuana and other drugs and how to uphold successful and resilient youth. lHawkins and Catalano, Risk and Protective Factor Theory. 2Hall, W & Degenhardt, l. Adverse health effects of non·medical cannabis use. The lancet; vol. 374, October 17, 2009. 3Drugs, Brains, and Behavior: The Science of Addiction. National Institute on Drug Abuse. Published April 2007. Revised August 2010. 4Hall, W. International Journal of Drug Control Policy 20 (2009) 458-466. 52012 Deschutes County Oregon Student Well ness Survey Data. 60ffice of National Drug Control Policy (2010). 7SAMHSA, Center for Behavioral Health Statistics and Quality, NSDUH, 2009-2010, revised March 2012. 8Budney, A. J., Roffman, R., Stephens, R. S., Walker, D. 2007. "Marijuana dependence and its treatment." Addict Sci Clin Pract, Vol 4, Issue 1, pp4-10. 9Hall WD, Pacula Rl. Cannabis use and dependence: public health and public policy. Cambridge, UK: Cambridge University Press, 2003. lOMeserve, J. and Ahler, MM (2009, May 14). Marijuana potency surpasses 10 percent, US says. CNN. Retrieved from http://www.cnn.com/2009/HEALTH/OS/14/mariiuana.potenCY/index.html?iref=allsearch. llCerda, M et al. (in press). Medical marijuana laws in SO states: investigating the relationship between state legalization of medical marijuana and marijuana use, abuse and dependence. Drug and Alcohol Dependence. Found at http://www.columbia.edu/-dsh2pdf/MedicaIMarijuana.pdf. 12 Rehm J, Mathers C, Popova S, Thavorncharoensap M, Teerawattananon y, Patra J. 2009 Jun 27. "Global burden of disease and injury and economic cost attributable to alcohol use and alcohol-use disorders." Lancet ;373(9682): 2223·33. Public and Behavioral Health Position Statement Supporting Evidence Deschutes County Health Services Youth Marijuana Prevention Agency Issue Brief Presented to BoCC on 3/17/2014 Increased availability of any legal or illegal drug will increase use amongst youth.1 The current medical marijuana program and rules governing dispensaries are not strong enough to protect our community's kids. Most marijuana use begins between the teen years to the early 20's, when the brain is still developing.2 When psychoactive drugs enter the brain, they interrupt normal brain functioning and change the brains structure and performance. These changes are what impact physical and academic performance and can lead to numerous unwelcomed outcomes in adolescence as well as habits in adulthood.3 Marijuana use is often mixed with other drugs complicating the effects.4 8th Grader Substance Use Rates S 30 ,--------------------------------------- 25 +-------~~--------------------------- ~ 20 +----- Qj ~ 15 +---Qj • Deschutes Co.0.. ?f. 10 +--I-rJ.,~ • State 5 o Smoked Alcohol Binge Marijuana Rx Illicit Cigarettes Alcohol • 9.2% of Deschutes County 11 th graders who report using marijuana received it from a medical marijuana card holder.s .68% of all medically necessary drug treatment admissions for youth ages 12-17 are for marijuana.6 • Oregon ranks number one in the Nation for past month marijuana use amongst youth, 12-17 years of age. 7 • Higher addiction rates among those who start using marijuana at younger ages. Rates for persons under 18 are 1 in 6 compared to 1 in 11 amongst older adults.8 • Increased THC (the intoxicating chemical) levels increase the risk of dependence.9 THC levels have more than doubled since the 1980'S.1O • Residents of states with medical marijuana had marijuana abuse/dependence rates almost twice as high than states without such laws.ll • Our Nation's experiences with alcohol and tobacco show that for every dollar gained in taxes, we spent $10 on social costsY HEALTH SERVICES P.O. Box 6005, Bend, Oregon 97708-6005 1130 NW Harriman, Suite A, Bend, Oregon 97701 Public Health (541) 322-7400, FAX (541) 322-7465 Behavioral Health (541) 322-7500 , FAX (541) 322-7565 www.deschutes.org Substance Abuse Prevention in Deschutes County Jessica Jacks, Deschutes County Prevention Coordinator 1130 NW Harriman, Suite A, Bend, OR 97701 541-330-4632 jessica. jacks@deschutes .org Substance Abuse Prevention Coaltions: • Bend Area Substance Abuse Prevention Coalition Serving the greater Bend area Contact: Nick Stevenson, Certified Prevention Specialist c/o 1130 NW Harriman, Suite A, Bend, OR 97701 541-322-7534 nicholas@deschutes.org • Meth Action Coalition Serving all of Central Oregon Contact: Barbara Stoefen, Board President info@methaction.org www .methaction.org • Think Again ParentS (TAPS) of South County Serving Sunriver, LaPine and Gilchrist Contact: Cindy Jarrett, Interim Board President 541-322-5517 www.tapssouthcounty.org • The Shared Future Coalition Contact: Julie Spackman, Certified Prevention Specialist c/o 1130 NW Harriman, Suite A, Bend, OR 97701 541-388-6619 ju lie .spackma n@deschutes.org www.sharedfuturecoalition.o r g M ETH A CTION C OALITION 'ARIII~~ WORKING JO REDUCE DRUG AND """""ioiiiiiioiiiiioo-.. ALCOHOL ABUSE IN CENIRAL OREGON COALl r lO---.......... _ Our Mission: To Promote and Protect the Health and Safety of Our Community. Examples of THe-infused products attractive to youth Suckers Candy Bars Cotton Candy Ice Cream Bars Toaster Treats Sodas .joe !Association o~ ~ Oregon Counties 121 Mysti c Ave n ue. Medfo rd . Mass achusetts 0 21 55 -Tele: 78 1.393 .698 5 Fax : 781 .39 3.2964 info@ leap .cc BO A RD OF D IR ECTORS Lieutenant jack A. Co le Bo a rd Cha ir & Tre asu re r Mass achu setts. USA Captain Peter Christ Vi ce Chai r. New Yo rk. USA Prosecutor james E.. Gi erach Secretary. Ch icago , Ill i no i s, USA Officer Dav id Bratze r Van Cou ver . British Columbia, Canada Deputy Chief Stephen Downing Lo s Angel es. Cal i f o rnia, USA Lt. Com m ander Dian e Go ld s t e in Redond o Be ach. Cali f ornia, USA Ms . Alice A. Hu ffman Pre Sid ent Ca lifornia NAAC P, USA judge Ma ri a lucia Karam Rio de Jane iro , Br aZ il Intelligen ce Offi cer An nie Ma cho n UK Sec ur i ty Se rvice MIS, Germany Capta in leigh Maddox Baltim ore , Maryl an d, USA Special Agent T e rry Nel son Dallas, Texas, USA LI eutenant T o ny Ry an Tus ca n. A rizo na, USA Correc ti on s S u p erintenden t Richard Van Wickle r Ne w Hamp sh ire, USA ADVISORY BOARD Mr. Romesh Bh a tta ch a rj i F o r m ~r Drug eZM. Oe:l f1 I, 'nd la Chief Co ro ne r Vi ncf' Cai n Re t ChIef Supe rl ntende.nt , RCM P, Va ncolJver, Canada Sen a tor La rry Cam p be ll Form l!!:r Mayor o f Van co uver & RCMP, Van couve r , Ca n ad a Justice Ke n neth Cri spin Rel Supreme Co u rt J u'>ti CII!, ~ycin ev. A ustr -ahd Offi ce r Ha ns van Duijn Re t. N a.tlona l D utch Po li ce Un ion Pr esiden t, A m sterdam . Netherland s Mr. Ca rf'1 Edw a rds Fo t m f', Dru g: Czaf , Eu r opean UnIOI1, 811:Ig l u m Judgf' War ren W. Eg lnton US DIstrict Co un J lJdg ~. Co n necticut, USA Gene ra l Gustavo d e Greiff F"o rm er Att orn ey General , L o lom b l .. Gov e rn o r Ga ry E. j o h nso n Form er Co vern or of New Mex iCO , USA j udge j o hn L Kan e US D IStf I tt CO Uf{ Judgl:. ol o ~do . USA j ustiCf' C. Ross Landf'r Ret. Be Suprem Cou rt Jus ti ce , Van c.m.Jv t:r. Ci&niild a j ustice Ke t ii Lund MH . Supl'eme Co urt Ju sti Cfo . O~lo . Norway Sh e riff Bi ll Masters Sh eriff, San Mig ue l County, Color ad o, USA Ch ief j osf'ph McNamara R.e t Police Ch ie f, Sao Jo se. Californ ia , USA Chief Norm St am per Ret. Poffce Ch ief, Su ltlt . Was hingto n. USA Mr. Er ic Sterling Pr esiden t , Crlmj nal J ust i c~ Policy Foundati on . Wa shi n g ton. DC. USA Mr. Thomas P. Sullivan Part n e r, J enner & Bl o ck LlP Chl C:ilg o. Illi nois , USA judge Ro bert SWf'et us OIuriel Co u rt J udg~. NI'!r.\o York , U~A Chi ef Fra ncis Wil kinson Executive Director, Major Neill Franklin, Maryland, USA Deschutes Co. OR Testimony-Inge Fryklund, JD, PhD, March 17,2014 1. I represent LEAP (Law Enforcement Against Prohibition). LEAP represents well over a hundred thousand police, judges, prosecutors, prison officials and supporters in 120 countries. Our position is that drugs (including tobacco and alcohol) exist in the world-with all of the positive and negative effects of the substances themselves. Illegality adds severe negative collateral consequences on top of any inherently negative effects. As we found out during Prohibition of Alcohol (1920-1933) illegality leads to crime and corruption and a lack of quality control. 2 . The best way to have some control over drugs-including alcohol and tobacco as well as marijuana-is to legalize and regulate. This brings the drugs out of the shadows, puts cartels out of business , and allows potency and quality standardization. Dispensaries allow patients to have access to drugs of known potency and pesticide free. Telling patients to grow their own is like telling someone with an infection to take some mold and try to produce penicillin. 3. The issue before the Council today is a fairly narrow one-whether to have a I-year moratorium on marijuana dispensaries. Dispensaries are already legal in Oregon as well as in 19 other states. (14 other states are considering legislation this year.) These dispensaries would supply products only to people who are already authorized by a doctor. 4. Authorizing the dispensaries means they would be in the community where the Council and other residents can see how they are functioning. When my kids were in high school, I liked having the group hang out at my house-then I knew what they were doing. Without first hand infonnation, rumors and fears drive decision-making. S. If the Council is worried about how this will work out, there are choices other than a I-year prohibition. For example, give licenses for a year or two. Give preferences to local businesses whose money will stay in the community . 6. While the Council certainly has the authority to prohibit dispensaries , a question as with any piece of legislation is whether it is really the right thing to do and what message it sends. Prohibition would be sending a message to those who are authorized to purchase that we don 't want you here. This includes cancer patients and those with migraine or other intractable pain, and men and women veterans of Iraq and Afghanistan suffering from PTSD . "Don' t come to live here--or move out if you are already here-because we will force you to drive elsewhere to get the drug you need." That's not a great message for them , and for tourism, it doesn 't show Deschutes County as a welcoming or caring place . 7. There have been several objections raised: a. "Children could get pot." This seems highly unlikely. The experience of every place that has allowed medical marijuana is that business owners are super anxious to keep their noses clean. Selling to kids would ruin the business. It is also interesting that children are cited as a concern. When drugs were first made illegal in 1914, the legislative history shows two concerns: in the south, "cocaine crazed Negroes raping white women," and "Chinamen in San Francisco enticing white women to use opium." I.e., these laws were to protect my demographic! Kids were never mentioned. b. "Federal law prohibits." This is the start of a conversation, not the end. If that were the end of the matter, we could shut down the California legislature and let the federal government make all decisions. But, that is not the American federal system. We aren't residents of some generic "federal" government; we are residents of individual states and we speak through our elected representatives. There would be no reason for Congress to repeal the drug laws if there was no indication that people in the various states cared. As the U.S. Supreme Court has said, the states are the laboratories of democracy. They can try out different approaches~such as on alcohol or pot laws--and see what works. Right now, everyone is watching Colorado and Washington. We do have an interesting short-term problem with inconsistency between state and federal laws, and I expect to see a lot of back and forth until it is resolved. We are seeing that already. Soon after Colorado and Washington legalized pot for all users, Attorney General Eric Holder announced that going after small users would not be a federal priority. When pot businesses in Colorado were shown on NBC news carrying bags of cash to pay utility bills, Attorney General Holder announced (1123114) that federally chartered banks could accept deposits from firms that were legal under state law. The Department of Justice has also issued some guidelines to Washington State. In view of these mixed messages, the Ordinance language not permitting dispensaries "except as allowed by federal law" just invites litigation. c. "Marijuana is Schedule 1, along with heroin, so it must be really bad." (Cocaine is only Schedule 2.) Schedule 1 criteria according to the DEA are a) no currently accepted medical use, b) high potential for abuse, and c) high potential for dependence. President Nixon's own Commission in 1972 rejected this categorization as contrary to fact, but for political reasons, Nixon rejected their advice. Obviously doctors in 20 states have concluded that there are accepted medical uses. Imagine a federal law saying that the West had no drought. That would not change facts on the ground. 8. Permitting local dispensaries keeps your options open. If there are future problems, you can change the law. Be honest about what you are doing. All the ordinance does is deprive Deschutes residents of something they can legally have under Oregon law. Don't chase away citizens who could contribute to the development of the County. Sincerely, Inge Fryldund -- r-z w..J z 0 ...... r-~ co w..J u ~ ...... ::c 0 0 ~ u... ~ z U.J r- If) z-~ < ~ < 0 <r:: 'J'r, ;.. 'J :z -J ....:;-. ~ r "?",=' r', x r-- '.J 'J ~ " ::: ::: ::: 'J 'J S. ~j . "~ er. ~ C 0 r.r. '.1':,.2 c:9 -~ :: ...... :::l'" -, e ~ re V ~ ...... ..,j 0 ~fJ e ..:.:: ~ () c.. CI) 'er. OJJ := a ~ C 0 ~ ~ ::s: ~ .!:; ...... ...... 'f. e b~fJ < - ~ .!: 'J 'J 'J ~ c.. -< ~ -.J " c.. ;r. 0 .0 r,... rJ ,...,... 'J r ,..." ~ 'J r-c: ·c W 'j ~ ~j 'f. -::::; 'J :.J -::::; ".J ' r-" " 'f. 'J ;.. .g 2 'J ;.. ':.J 'J;,... ~ ~ -J " f , ".J .... 'I, .~ ,... ".J -0 :-:l § .0 ,... C. ';1; ;::: -s -::::;,... 0 f r,... 'J :::: r , -. 'f. C:-. ,... -:; ".J -::::;,... c: a -~ :'Ij 'J ' ~ r,... 'J Z ;.., 'f. < -:; 'J c: '-' a --, ,... > ('::; '"V' .!: >-:c ,... 'J < '""' ;.. 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'+-..c u :J ..c '.,) c... f-... c:: '-' 2 '-,... :-? a ,... 2 ;;,... .... v .~ :.J ~fj ..!: e::: :::; :JC. ,... ~J:--0 'oJ '0 2 "'0 'f'-' ':J ,...a c:: =.fj v ... :-rj C '-u c ,... ~ ~ ..!:f-:-:l c.. -:;i .... § e.. u V "'0 c.. ..c SupporterFonn LAW ENFORCEMENT AGAlNST PROHIBITION Founded in 2002 by five cops, Law Enforcement Against Prohibition (LEAP) is run and represented solely by those who fought on the front lines of the "war on drugs" and who know firsthand that prohibition only worsens drug addiction and street violence. Today, LEAP has grown into an organization of 80,000 supporters, including police, prosecutors, judges, FBIIDEA agents, corrections officials, military personnel and civilians. LEAP's members in 90 countries have helped to put a credible face on the modem anti prohibition movement by giving presenta tions to civic groups, public officials, members of the media and others. Contact information Headquarters: (301) 565-0807 MA Office: (781) 393-6985 Web site: www.CopsSayLeg alize Drugs .com e-mail: info@leap.cc WHAT CAN LEAP 00 FOR YOU? We support and inform law enforcers struggling with the disastrous effects of prohibition. We can help you to safely and effectively advocate drug policy reform. Even if you are not ready to speak out, the fellowship and information provided by LEAP will provide you with support and camaraderie. You are not alone. i LEAP can provide concerned citizens with knowledgeable and credible speakers for any educational, professional, civic, benevolent, or religious organization. LEAP can also supply infonnation, outreach tools, and strategies that can help you educate your fellow citizens about the damage done by prohibition. LEAP can provide legislators with knowledge able and articulate former dlUg warriors to testify before committees and fOlUms, offering honest assessments of US. dlUg-war policies from people who are no longer paid to implement those policies . LEAP can be your best information resource for changing our failed dmg policies . WHAT CAN YOU DO FOR LEAP? Please Join Us! Law enforcers: If you wish to speak out about better dmg policies, we can provide you with important venues. You may also join us as an active non-speaking member or, if you prefer, you may remain anonymous. No matter what level of involvement you choose, you will be part of a rapidly growing, influential group whose voices and numbers cannot be ignored. Concerned citizens: Although only law enforcers can be LEAP speakers, anyone can join us. You can also help by donating money or services. Many important volunteer jobs must be done, and we cannot succeed without you. Legislators: LEAP speakers can show how ending prohibition will reduce death, disease, crime and addiction while saving your constituents billions of their tax dollars. I believe that legalized regulation of all drugs will reduce death, disease, crime, and addiction, while lessening the drain of tax revenues caused by the "War on Drugs." I want to join LEAP. NAME: ________________________ ADDRESS: _____________________ CITY: ________________ STATEIPROV: COUNTRY:____ ZIPIPOSTAL CODE: _______ PHONE _____________________ EMAIL _____________________ Where did you hear about LEAP? If you have a law enforcement background: What is or was your role in law enforcement? (circle all that apply) Police COiTections Judge Prosecutor Other_________ Are you interested in speaking for LEAP? Yes / No If you are a private citizen (i.e., no law enforcement background): Would you like to volunteer? Yes / No Would you like to donate to LEAP? Yes / No LEAP is a 501(C)3 nonprofit organization Send tax deductible donations to LEAP Education Fund 121 Mystic Avenue, Suites 7-9 Medford, MA 02155 I Peter Gutowsky From: Nick Lelack Sent: Friday, March 14, 2014 1:34 PM To: Peter Gutowsky Subject: Fwd: opinion for meeting 10 a.m. Monday March 17 I Nick Lelack, AICP Deschutes County Community Development Director i 541-639-5585 Sent from my iPhone t Begin forwarded message: From: Tom Anderson <Tom.Anderson@deschutes.org> Date: March 14,2014 at 11:10:42 AM PDT To: Nick Lelack <Nick.Lelack@deschutes.org>, Laurie Craghead <Laurie.Craghead@deschutes.org> Subject: FW: opinion for meeting 10 a.m. Monday March 17 -----Original Message---- From: Kathy Gilbert [mailto:gilbe@bendbroadband.com] Sent: Friday, March 14,20148:22 AM To: Board Subject: opinion for meeting 10 a.m. Monday March 17 To the Deschutes County Board of Commissioners, Because I work and cannot attend the public meeting scheduled for March 17 at 10 a.m. for input regarding possible ban on medical marijuana dispensaries operating outside city limits, I would like to express my opinion within this e-mail rather than appearing publically. I am 64 years old and a registered voter in Deschutes County. I would like to express my opinion against such a ban. I believe all commerce related to medical marijuana should be free from restriction anywhere in Deschutes County, both inside and outside city limits. Thank you. Kathleen Gilbert 1951 NW Oak Avenue Redmond, OR 97756 phone: 541-526-0056 1 __--f'~-~~----'=.(,.Ac......;;;40==-.~F dr-(. C ~......,r ~e-""-" #.ts &71tt1rZ ~I'Z.. At-, '#cI1-H &.,)0 .... ~ "fir 11~.,IIf ;::?;n.:J' ~4/'; <:> " "...::....=-'?-.I-_________-'--_ ,7'"" ~.. A,I~rS'/.r -'£ /t?,IV. ..! ~--------~I.-----------------------------------------------------------~ I II , I I I Ij Deschutes County Medical Cannabis Stakeholders Meeting Join other medical cannabis patients, providers, and concerned community members to talk about medical cannabis in Deschutes County and statewide. We know the best outcomes for patients come from having a well-informed and active grassroots base of support. Come talk with your neighbors about how we can protect and expand safe and legal access to medical cannabis locally. • Local bans on medical cannabis facilities • Protecting patients from discrimination • Law enforcement encounters • Effective citizen advocacy • Regulation, taxation, and more ... When: 6 -7:30 PM Tuesday, April 1, 2014 Where: Environmental Center, 16 NW Kansas Ave. Bend, OR 97701 The meeting will be hosted by Americans for Safe Access (ASA), the nation's leading medical cannabis patients' advocacy organization, on behalf of local members and allies. Read more about ASA and join today! www.AmericansForSafeAccess.org District Attorney Phone: (541) 388-6520 Admin. Fax: (541) 330-4691 Patrick J. Flaherty Felony Fax: (541) 388-6615 1164 NW Bond Street Grand Jury Fax: (541) 330-4698 Bend, OR 97701 Juvenile Fax: (541) 383-0901 www.deschutesda.org March 14,2014 Deschutes County Board of Commissioners Commissioner Tammy Baney Commissioner Tony Debone Commissioner Alan Unger Re: Medical Marijuana Regulation Dear Board of Commissioners: The Oregon Legislature recently passed Senate Bill 1531, which restricts local government regulation of medical matijuana facilities to only time, place and manner restrictions, unless a city or county enacts an ordinance declaring a moratorium and notifies the Oregon Health Authority of such moratorium by May 1,2014. SB 1531 limits the duration of the moratorium to May 1,2015, after which it is replaced by the time, place, and manner restrictions. The moratorium would represent an exercise of the county's home rule authority and police powers to prohibit certain activities within the tenitoriallimits of the county. I write to urge the Board of County Commissioners to declare a moratorium on the establishment of medical marijuana dispensaries in Deschutes County (outside of those territorial boundaries under the jurisdiction of municipal governments), at least until such time as etTective regulations of such facilities are promulgated that adequately ensure public safety. My concerns about allowing the virtually unlimited proliferation of medical marijuana facilities are many and are grounded in my experience dealing \\,1th problems caused by access to mind-altering drugs such as marijuana, especially to young people. According to a recent position statement of the National Association of Drug Court Professionals (NADCP), there is ample reason to be concerned about both the increased availability of marijuana and the negative impacts that has on our community. Some of the problems identified by the NADCP, and supported by reliable medical and scientific evidence, are: • Marijuana is the most commonly abused illegal drug among adults and youth in our country; • Marijuana use rates have increased substantially in recent years; • Social disapproval of marijuana use is decreasing; • More young people are in treatment for marijuana abuse or dependence than for alcohol and all other drugs; Page lof2 • Marijuana is addictive for 1 in 9 adults and 1 in 6 adolescents who use it; • Marijuana use negatively affects the development of the adolescent brain; • Marijuana use is consistently associated with poorer academic grades and a reduced likelihood of graduating from school; • Marijuana use during adolescence is directly linked to the onset of major mental illness, including psychosis, schizophrenia, depression and anxiety; • The use of marijuana makes addiction to other drugs more likely; • Marijuana use by parents is strongly associated with child abuse and neglect (as one recent Deschutes County Family Drug Court participant said, "When you're high, you aren't there for your kids, even if you're physically present."); • Marijuana use impairs motor coordination and reaction time and is the second most prevalent drug (after alcohol) implicated in car crashes. Making marijuana more available to our community will have the unintended effect of making it more available to young people, because of increased supply. More marijuana will cause the price of marijuana to be reduced, thus making it more affordable to everyone, including young people. More marijuana and easier availability will increase the number of marijuana Dun and impaired driving crashes on our roads. The current regulations mandated by the state are not matched by any funds for enforcement. This unfunded mandate would shift the cost of enforcement onto local government. Even if our local governments can absorb these costs, the regulations themselves will do nothing to ameliorate the negative effects of increased marijuana supplies. No responsible citizen can find these economic and social costs acceptable. For these reasons, I urge the Board of County Commissioners to declare a moratorium on medical marijuana facilities unless and until public safety can be adequately safeguarded. Very truly yours, // erty Deschutes County District Attorney Page 2 of2 DESCHUTES COUNTY SHERIFF'S OFFICE LARRY BL\..'\'TO); Sherj[[ 6:3:3:3:3 W. Hwy. 20 Bend. OR 97701 Bend Omce 5-11.:3SS.66.'5.'5 Fax .5-+1389.68:3.5 A dmini.-,tration 5-1U88.66,59 Fax .54 1.3x9.H.5-1 La Pine O/Hce 51:1-10 Highway 97 La Pine. OR 97739 5-11";36.17.58 Fax .541..5:36 ..') 766 Si.'[t'1~, Office 71):, ;\ Larch St. Suite C :1-11.549.2302 Fax .5-1 Li..l9. 1762 Terrebonne Office 81Ci ..l 11th Street. Suite 3 Terrebonne. OR 97760 54U)2:3.8270 Fax 'i-11.5-18.7589 Special 8f'J'I Icesi /:)-:4R 'i-1L:38il.6501 Fax 5-11.:388.0793 5-11617:1:30:3 Fax .5-11.3x8.0793 Ad1llt Jail 'i-! 1.:i88.66f31 March 17,2014 In my opinion it is critical that we adopt the proposed Deschutes County Ordinance 9.04.040, which specifically prohibits marijuana dispensaries in Deschutes County. I have attached a graph that identifies the increased number of approved medical marijuana card holders since April 2006. The attached graph from Deschutes County more specifically shows an increase from April 2006 of 283 to 3,109 as of January 2014. This represents a ten times greater number of approved medical marijuana cards in just seven years. These cards are extremely easy to obtain and controlling who has access and who is approved is impossible. Additionally, I have attached a graph for Crook and Jefferson Counties which also show an increase but at a much lower rate. I have attached another table that lists the number of applications for Medical Marijuana Dispensaries received on March 3, 2014, the first day the state accepted applications. Deschutes County received 17 applications, the fourth highest in the state. Marijuana is the number one abused illegal drug among adults and youth in the United States. The level of THC, which is the psychoactive ingredient in marijuana, has increased six fold since the 1960s. Marijuana can affect memory, cause learning disabilities and delay coordination and reaction times. Marijuana use during adolescence is directly linked to early onset of major mental illness, specifically psychosis, schizophrenia, depression and anxiety. The long-term negative effects of marijuana can last up to 28 days after the substance has been ingested. Marijuana and alcohol are the most prevalent drugs implicated in automobile crashes. The American Medical Association and other major medical organizations oppose the legalization and medicalization of marijuana. The Federal Drug Administration has not approved the use of smoked marjjuana as medicine. Almost, without exception our burglary, theft, assault and; in some cases, murder can be linked to the abuse of controlled substances. The National Association of Drug Court Professionals opposes the legalization of marijuana. f Page 2 In a snapshot of statistics from our Deschutes County jail for September 2013, we had 479 bookings of which 59.9% of the inmates presented with substance use disorder and 31.73% were identified with mental illness. In my opinion, our public safety, quality of life and our children's safety depends strongly on our restriction of the distribution of medical marijuana. am strongly opposed to any legislation in regards to legalization of marijuana. Help me stand strong in the protection of our community and our children. I urge you to pass the proposed County Ordinance 9.04. Thank you. <.: Medical Marijuana Total Cardholders* -Deschutes County April 2006 and January 2014 3500 3,109 3000 _____~"'~m ___."__•• •• _\/I .............__~_._........ . _ _ _~_•._~U' •• :;; 2500 +-- '0 .c "tI __ " ___ " _~__......._ "E 2000 +--_.-- ~ (J o .~..,.-.----•..--...-.. -.., ...•._._-".._-_._"-._..__...-.........,,_.•,,.•._._._._......._.---~ ~ 1500 ..a E Z :::J 1 000 +.----,,---------.-~-~-.- 500 o ~..._____...-l -4 ... ---".- April 2006 January 2014 Medical Marijuana Total Cardholders* -Jefferson County April 2006 and January 2014 350 293300 VI ..... IV 250"C "0 J:: 1j ..... 200 t'tI (J '0 ..... 150IV .Q E :::I 100z 50 0 o April 2006 January 2014 . i Medical Marijuana Total Cardholders* -Crook County April 2006 and January 2014 400 345 350 loA .... 300 +-.-.--~-,.~-----'-.-....---.~----..,...-,-.---------.~-- <II 32 .t::! o 25 0 +--.-..-..-~.-.-.......--."..-.--"...........~-.-..........-....--"._..•.,..... . "C.... «S _ (Jo 200 +.._.-_...._---_._..._._-._----._-_.-.....---------.---.-.---------. .... <II ..a 150 +-_.. .--.--------. E ::s z .--~-..~--.--.. ----.-,.-.-...-.-...,-.,--., . ....,.....~..."'-...-.--,.-----4100 50 + -~-'-'-'------'--0;......·---------· --_.""...........- April 2006 January 2014 March 3, 2014 Below are the first day numbers of applications received in counties in Oregon for Medical Marijuana Dispensary licenses. 289 total paid applications Multnomah 135 Lane 41 Jackson 18 Deschutes 17 Lincoln 11 Marion 11 20 counties less than 10 10 counties with none Bonnie Baker To: BOGG; Tom Anderson Subject: FW: Public meeting In case you did not get this. From: Erica Fuller-Hewitt [mailto:erica@rimrocktrailsats.org] Sent: Monday, March 17,2014 9:42 AM To: Bonnie Baker Subject: Public meeting I do apologize that I just saw the email regarding this meeting this morning. We have been the primary provider of youth substance abuse treatment in Central Oregon for close to 2S years. We see the devastating effects of substance abuse on kids and their families every day. Many if not most youth who are currently using/abusing marijuana have obtained it from an adult and those with a medical marijuana card. As an agency advocating for youth we support Deschutes County Health Services position on this matter. I personally am a member of the Terrebonne community and support a ban. Regards, ! Erica Erica Fuller-Hewitt, MA, LPG, CADCm Executive Director I\imrock Trails Adolescent Treatment Services www.rimrocktrailsats.org 1333 NW 9th St. Prineville, OR 97754 Toll free: 888-532-6247 Telephone: 541-447-2631 Fax: 541-447-2616 Like us on Facebookl http://www.facebook.com/RimrockTrailsATS NOTICE: THE CONTENTS OF THIS MESSAGE MAY BE CONFIDENTIAL AND PROTECTED BY FEDERAL LAW. This electronic message transmission, including any attachments, contains information from Rimrock Trails Adolescent Treatment Services which may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited by Federal Law.lf you have received this electronic transmission in error, please notify the sender immediately by a "reply to sender only" message and destroy all electronic and hard copies of the communication, including attachments. Kimrock Trails Adolescent 1 Ia Treatment ServicesI 1 www.rimrocktrailsats.org 1333 NW 9th St. Prineville, OR 97754 Toll free: 888-532-6247 Telephone: 541-447-2631 Fax: 541-447-2616 Residential Admission Fax: 1-541-325-4912 Like us on Facebook! http://www.facebook.com/RimrockTraiisATS?ref=hl NOTICE: THE CONTENTS OF THIS MESSAGE MAYBE CONFIDENTIAL AND PROTECTED BY FEDERAL LAW. This electronic message transmission, including any attachments, contains information from Rimrock Trails Adolescent Treatment Services which may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited by Federal Law. If you have received this electronic transmission in error, please notify the sender immediately by a "reply to sender only" message and destroy all electronic and hard copies of the communication, including attachments. 2 Bonnie Baker From: Jock Pribnow <jockpribnow@gmail.com> Sent: Friday, March 14,20141:41 PM To: Bonnie Baker Subject: Comments on proposed Deschutes County marijuana dispensary ban Board of County Commissioners: Given that medical marijuana dispensaries do exist or will exist in several cities in Deschutes County, and given that the regulation of these dispensaries is nebulous/dubious, I believe it is appropriate that Deschutes County instate a moratorium on dispensaries in unincorporated areas of the County. While I cannot speak for the Deschutes County Public Health Advisory Board, I can say that we as a board are critically concerned about the possibility of increased availability of marijuana to teens and adolescents, and about marketing and packaging designed to appeal to teens and adolescents. Thank you for your consideration. Jock T. Pribnow, MD, MPH Chair, Deschutes County Public Health Advisory Board 1 Bonnie Baker From: Kathy Gilbert <gilbe@bendbroadband.com> Sent: Friday. March 14.20148:22 AM To: Board Subject: opinion for meeting 10 a.m. Monday March 17 To the Deschutes County Board of Commissioners, Because I work and cannot attend the public meeting scheduled for March 17 at 10 a.m. for input regarding possible ban on medical marijuana dispensaries operating outside city limits, I would like to express my opinion within this e-mail rather than appearing publically. I am 64 years old and a registered voter in Deschutes County. I would like to express my opinion against such a ban. I believe all commerce related to medical marijuana should be free from restriction anywhere in Deschutes County, both inside and outside city limits. Thank you. Kathleen Gilbert 1951 NW Oak Avenue Redmond, OR 97756 phone: 541-526-0056 1