HomeMy WebLinkAboutItem 12 Amendments to Medical Marijuana Business Regulations
AGENDA ITEM SUMMARY Meeting Date: 3/21/2016
Meeting Type: Regular Meeting
Staff Contact/Dept.: Mary Bridget Smith,
CAO
Staff Phone No: 541-746-9621
Estimated Time: 15 Minutes
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Enhance Public Safety
ITEM TITLE: AMENDMENTS TO MEDICAL MARIJUANA BUSINESS REGULATIONS
ACTION
REQUESTED:
Conduct a public hearing and adopt/amend/not adopt the following ordinance:
AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE
SECTION 7.601, DEFINITIONS, AND 7.603, OPERATIONAL
REQUIREMENTS, REGARDING MEDICAL MARIJUANA DISPENSARIES,
AND DECLARING AN EMERGENCY
ISSUE
STATEMENT:
Under SB 1531 (2014) local governments may impose “reasonable regulations” on
dispensaries. The City has determined that current state regulation of dispensaries
under HB 3400 (2015) is consistent with City policy. The City seeks to amend its
medical marijuana regulations to be consistent with state regulation of the
packaging and labeling of marijuana, conditions under which minors are allowed in
dispensaries, and the definitions of marijuana under state law.
ATTACHMENTS: Attachment 1 – Proposed Ordinance
DISCUSSION/
FINANCIAL
IMPACT:
HB 3400 (2015) mandates that the state adopt labeling regulations and regulations
requiring child-resistant safety packaging for marijuana and marijuana items. Due
to these new state labeling and packaging regulations, municipal regulation of
packaging and labeling is no longer necessary to enforce City policy. Under OAR
333-008-1220, adopted pursuant to HB 3400 (2015), all useable marijuana and
marijuana items must be labeled with the following information:
The amount of THC and CBD potency
The weight of flowers or plant material, or weight or volume of usable
marijuana in the packaged finished product for marijuana items
Test batch number and date tested
Who performed the testing
A label for flowers or useable plant material describing the strain
A warning label for edibles which states: “WARNING: MEDICINAL
PRODUCT – KEEP OUT OF REACH OF CHILDREN” in bold font
and a size that is larger than the font size of the other printing on the label.
After HB 3400 passed, medical marijuana statutes were renumbered. Accordingly,
references to ORS chapter 475 need to be updated to the new statute numbers in
chapter 475B. In addition, HB 3400 corrected an error in the definition of
“marijuana” that previously miscategorized the plant family of Cannabis, and the
correct definition should be incorporated into the municipal code.
The proposed ordinance also repeals the prohibition against minors entering any
portion of a dispensary, as result of feedback to City from dispensary stakeholders.
Areas where usable marijuana is located would remain off-limits to minors by OHA
regulations; this ordinance would not affect minors in recreational retail businesses.
These regulations will become effective immediately if adopted under emergency
procedures.