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Home My WebLink About2014-03-12 Work Session MinutesDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, MARCH 12,2014 Present were Commissioners Tammy Baney, Anthony DeBone and Alan Unger. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; SheriffLarry Blanton; Nick Lelack, Community Development; Laurie Craghead and John Laherty, County Counsel; Jessica Jacks, Nick Stevenson, Susan McCreedy and Barb Stoefer, Health Services; and jive other citizens. Chair Baney opened the meeting at 1:30 p.m. 1. Preparation for March 17 Public Hearing regarding Medical Marijuana Dispensaries. Nick Lelack presented options, and said the Ordinance can be addressed as written or changes made. Chair Baney said she does not want to be applicant-driven, to allow time for them to be more thoughtful. It is better to be proactive before being inundated with applications. Laurie Craghead said they could change it to what AOC has proposed, which came out after the current draft. The Board would have to work through the language. The AOC language is limited to dispensaries rather than using the broader language that is currently in the proposed Ordinance. Sheriff Blanton asked if the Board could go by what was ruled in Salem and not adjust current land use policy, and just adopt it now. Ms. Craghead replied that dispensaries are defined by the State. To do this now under Code is not a land use issue, but she is not sure since it is prohibited under federal law. Minutes of Board of Commissioners' Work Session Wednesday, March 12,2014 Page 1 of6 Mr. Lelack stated that the law was adopted by the legislature by emergency, and the County could do the same. Someone might have a retail operation anywhere in the county and introduce this new product, and it would fly under the radar. Then someone would have to determine the nature of the operation. This clarifies it somewhat, since most of it is unclear at this time. Commissioner DeBone noted that the Planning Commission took no position. Mr. Lelack asked them if they wanted to discuss this in any detail, to give input to the Board. They felt it is not something they can officially weigh in on, but cautioned the Board to be careful. Ms. Craghead said that some people have permission to grow but not to dispense. They are licensed by the state. Sheriff Blanton agreed that it is complicated. You do not have to carry a medical card to grow it, but can grow it restricted to certain plants and be a provider under federal law to someone with a card. Chair Baney stated that there is a lack of guidance from the state and federal. She wants to provide some kind of sidebars and receive input from citizens. Jessica Jacks said she would issue a brief regarding prevention of substance abuse. She can showcase through data that an overall drug use increase will lead more youth to use it. This is a vulnerable population to this and other drugs. Starting use early could lead to addiction and lifelong health care issues, and increased costs, with negative consequences to the community. She can discuss the effect of marijuana on the brain. Youth need to be primed for success and this kind of thing prevents it. In general, Oregon ranks high in the nation and #1 for past marijuana use in youth already. The Board could require limits. The current legislation is too loose regarding marketing, packaging and placement of products, much of which is directed towards youth. This gets worse as something becomes more normalized. Chair Baney observed that students do not rate as highly in many things here, and there is an unacceptable dropout rate. She asked if there is a correlation. Ms. Jacks replied that she feels there is. Minutes of Board of Commissioners' Work Session Wednesday, March 12,2014 Page 2 of6 Susan Keyes provided a handout showing the marketing being done in some places. She is interested in the implications for youth and prevention programs. In the home, these products are accessible and attractive. Someone can use marijuana while they are dispensing it also. Better regulations need to be in place. A citizen attending the work session said this is an interesting discussion, but there don't seem to be concerns about legalization. The question of prevention in youth is a different ball game. Some are marketing towards youth. He is a retired physician and never thought that the medical marijuana system was more than a sham. People are not getting prescriptions, just a note that says it might help. There are just a few doctors in the state providing this. He said it would probably be in everyone's best interest to sit back and watch what is happening in Colorado and Washington. This is the smart approach. Chair Baney stated that no one would say that they want kids to have it. The state hasn't really discussed this aspect. Sheriff Blanton said that this is their responsibility. People who voted for him for Sheriff expect a strong stance for public safety and quality of life. It is not accepted by federal drug standards. Deschutes County is #4 in the state for new dispensary applications. The City of Bend turned a blind eye on this, and there are now more than ten. The same math does not work for other medical prescriptions. This would be the equivalent of thousands of pharmacies for people obtaining normal prescription drugs. He suggested the Ordinance be adopted, and that they read his letter. It will come up again at the legislature in 2015. They need to be a positive influence on children. A lot is spent on dealing with alcohol, tobacco and public safety. This is real life stuff, and there are not enough people to handle the problems. This area is one of the nine high intensity drug trafficking areas in the state. Ms. Craghead stated that the governing body can adopt an Ordinance, but there are specific dates. She needs to know if it should be worded 'by emergency' or limited to the language of AOC or the bilL As it is, it is much broader. A bill was passed previously in 2013 that prohibited local entities from regulating the growers. The state addressed the dispensaries later. They do not want to run afoul of the statute regarding growing plants and seeds. Minutes of Board of Commissioners' Work Session Wednesday, March 12,2014 Page 3 of6 Mr. Lelack said they could detennine the time, place and manner; or prohibit. The bill was a temporary fix until the legislature can address it again. Chair Baney stated that at the hearing, they could take testimony from just the affected parties, to avoid a lot of others who just want to voice their overall opinion. This does deal with just the unincorporated areas of the County. Ms. Craghead indicated that they need to have the public hearing based on what was published. They can change the language at the meeting if desired. Sheriff Blanton asked if they could approve today what the State already said. Chair Baney replied that they have a responsibility to the public to have the hearing. There is value in this input, and it is not that cut and dried. Ms. Craghead noted that they can do this by emergency after the hearing, if all of the changes are read into the record. 2. Other Items. Commissioner Unger spoke about the candidates for Planning Commissioner. The committee felt Mr. Swisher was the best fit, but the others were very good as well. Mr. Swisher was originally from Klamath Falls and very involved in agriculture. Susan Trask has a lot of energy but just moved here in 2006 from California. She might be suitable for an at-large appointment in a year or so. Mr. Lelack said he has some concerns that the Planning Commission is now all male. This can be a detennining factor. Commissioner DeB one stated he likes to see it shaken up a bit. Commissioner Unger said that he likes consistency. A few will be tenned out soon. They need to operate well to make sound decisions. Ms. Craghead noted that some have a wide range of opinions, but can still make decisions. They learn from each other. ~lr. Lelack asked if anyone else should interview the other two. There were a total of six or seven to start. Minutes of Board of Commissioners' Work Session Wednesday, March 12, 2014 Page 4 of6 Chair Baney said that there may be future opportunities. They need to figure out how to keep the others involved. Arrangements will be made for Commissioner DeBone to interview the finalists. Commissioner Unger said that there is some urgency, as the COlD issue is coming up and they will want a full group to be engaged with that. Ms. Craghead noted that the selection was made through a well-publicized and open process. Commissioner Unger said that it is frustrating for him and others who sat through the entire process and reach consensus. The Board went into Executive Session, under DRS 192.660(2)(h), Litigation Update, at 2:20 p.m. After executive session, the following action was taken. UNGER: Move approval of Dave Doyle's employment contract. DEBONE: Second. VOTE: UNGER: Yes. DEBONE: Yes. BANEY: Chair votes yes. Chair Baney asked about the transition plan for Connie Thomas' position. The Board does not want to overload other staff. Mr. Kropp said that the 209 applications have been reviewed and interviews should happen next week. There may be up to twelve in the first round. He would like to put Mr. Anderson and Chair Baney on the second round. John Laherty will be on the panel as well. Commissioner Unger said that he and others in the Oregon Workforce Consortium are working on how to manage the workforce issue in the State. They need to have state legislation to change the authority over the employment office. Judge McCabe chairs this and is not open to a lot of change. They should look at the local workforce boards and how they operate. They are pushing for a letter to request this be examined. Minutes of Board of Commissioners' Work Session Wednesday, March 12,2014 Page 5 of6 Being no further items discussed, the meeting adjourned at 3:30 p.m. " Day of_~. 2014 for the DATED this J--"",-~~ ______ Deschutes County Board of Commission~ Anthony DeB one, Vice Chair ATTEST : Alan Unger, Commissioner Recording Secretary Minutes of Board of Commissioners' Work Session Wednesday, March 12 , 2014 Page 6 of6 Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., WEDNESDAY, MARCH 12,2014 1. Preparation for March 17 Public Hearing regarding Medical Marijuana Dispensaries 2. Other Items Executive Session, under ORS 192.660(2)(h), Litigation Update -County Counsel and Staff 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 192.660(2)(d), labor negotiations; or ORS 192.660(2) (b). personnel issues; or other issues under ORS 192.660(2), executive session. Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board o/Commissioners' meeting rooms at ] 300 NW Wall St., Bend, unless otherwise indicated. ifyou have questions regarding a meeting, please call 388-6572. 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) 388-6571, or send an e-mail to bonnie.bakerfaldeschutes.org. 1 i I I i I I I I ..... o r i"'*: I Ii Community Development Department Planning Division Building Safety Division Environmental Soils Division 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ 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 Quality Services Performed with Pride 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 1531 C 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( 1 O}(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 2 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 3 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 4 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 5 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 RECOMMENDA1"ION: 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 6 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") initiated 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 7 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 TA-14-3, Deschutes County Board of County Commissioners Page 8 of 8 Deschutes County Health Services Youth Marijuana Prevention Agency Issue Brief Presented to BoCC on 3/12/2014 Public and Behavioral Health Position Statement Supporting Evidence 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 -+--- CII ~ 15 +---CII • Deschutes Co.a. '#. 10 +-~,.--r-- • 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 costS.12 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. IHawkins 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. 4 Hall, 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, pp 4-10. 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/05/14/marijuana.potency/index.html?iref=alisearch. llCerda, M et al. (in press). Medical marijuana laws in 50 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/N dsh2pdf/MedicaIMarijuana.pdf. 12Rehm J, Mathers C, Popova S, Thavorncharoensap M, Teerawattananon V, 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. Examples of THe-infused products attractive to youth Gummi Bears Suckers Candy Bars Cotton Candy Ice Cream Bars Toaster Treats Sodas Aloe IAssociation o~.l'Sl Oregon Counties i I I I I I I ; ! 1•i 1 I 1 1 DESCHUTES COUNTY SHERIFF'S OFFICE LARRY BLANTON Sheriff 633:n W. Hwy. 20 Bend. OR 97701 Bend Office 541.388.6655 Fax 541.:389.6835 AdJ]liJJ1:~tmtioJJ 541.388.6659 Fax 541.389.445,1 La Pine Office 51340 Highway 97 La Pint'. OR 97739 541.5:36.1758 Fax 541.536.5766 Sistel~~ O/lice 703 N Larch St., Suite C 541.549.2302 Fax 541.549.1762 Terrebonne Office 8154 11th Street, Suite 3 Terrebonne. OR 97760 541.923.8270 Fax 541.548.7589 Special Serv;ces,{S'AR 541.:388.6501 Fax 541.:388.0793 Emergem:v Services 541.617.3303 Fax 541.3880793 Adult JiJil 541.388.6661 Fax 541.330.9162 March 12, 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 marijuana 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. 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. I I I { 1 I I Medical Marijuana Total Cardholders* -Deschutes County April 2006 and January 2014 3500 3,109 3000 \I) I <11 "0 2500 .c I2000"t'tS (.J '0 I1500<11 .c E ::::r 1000z 500 0 -+"--,,~,---~--,,--,~,-,---,------,---------,, ---------------"-"----------"--------,,-----------"-1 ,--- April 2006 January 2014 Medical Marijuana Total Cardholders * -Jefferson County April 2006 and January 2014 350 293300 v.... (1/ 250:2 0 J: -c... 200 (\f (J '0 ... 150(1/ .Q E ::;, 100z 50 0 April200G January 2014 Medical Marijuana Total Cardholders* -Crook County April 2006 and January 2014 400 350 III :... 300 QI "'0 "0 .c 250 "'0 :... ra (,) 200 0 - :... QI .Q 150 E :J Z 100 50 0 345 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