Board Session Agenda Review Form

Transcription

1 MARION COUNTY BOARD OF COMMISSIONERS OREGON Board Session Agenda Review Form Meeting date: \ugust3,2016 Department: -egalcounsel Agenda Planning Date: 7/28/16 Time required: i5min. Audio/Vis al aids Contact: Scott Morris, Legal Counsel Phone lext Department Head Signature: ^;G^^.AA.. TITLE Issue, Description & Background Consideration of order calling for an election concerning the establishment of medical marijuana processing sites and medical marijuana dispensaries in unincorporated areas of Marion County outside of city limits. Section 134, chapter 614, Oregon Laws 2015 (HB 3400 (2015)) provides that a county may adopt ordinances that prohibit the establishment of any one or more of the six categories of state licensed or registered marijuana businesses in the unincorporated area of a county outside of city limits, subject to a requirement that the ordinance be referred to the electors of the county at the next general election. The Marion County Board of Commissioners has adopted an ordinance consistent with section 134, chapter 614, Oregon Laws (HB 3400 (2015)) for referral to the voters of Marion County on November 8,2016. Under Oregon election law, an order calling for an election, with a notice of measure election and explanatory statement, are required for the measure to be placed on the ballot. Financial Impacts: Impacts to Department & External Agencies The county bears the costs of a referred ballot measure. The exact cost of this election is unknown at ithistime. If the board issues the order, a copy of the order, with the notice of measure election and explanatory statement, are submitted to the Marion County Clerk to continue the process of placing the measure on the ballot. Options for Consideration: 1. Adopt the order, with attached notice of measure election and explanatory statement, as submitted; 2. Direct staff to make changes to the order, notice of measure election, or explanatory statement; or 3. Take no action at this time. Recommendation: It is recommended that the board adopt the order, with attached notice of measure election and explanatory statement, as submitted. List of attachments: Form of order, with attached notice of measure election and explanatory statement. Presenter: Scott Morris, Legal Counsel Copies of completed paperwork sent to the following: (Include names and addresses.) Copies to: Scott Morris, snorris@co.marion.or.us

2 BEFORE THE BOARD OF COMMISSIONERS FOR MARION COUNTS, OREGON In the matter of calling for an election ) concerning the establishment of medical ) marijuana processing sites and medical ) marijuana dispensaries in unincorporated ) areas of Marion County outside of city limits. ) ORDER No. This matter came before the Marion County Board of Commissioners at its regularly scheduled public meeting on Wednesday, August 3,2016. WHEREAS, section 134, chapter 614, Oregon Laws 2015 (HB 3400 (2015)) provides that a county may adopt ordinances that prohibit the establishment of any one or more of the six categories of state licensed or registered marijuana businesses in the unincorporated area of a county outside of city limits, subject to a requirement that the ordinance be referred to the electors of the county at the next general election; and WHEREAS, the Marion County Board of Commissioners desires to refer the question of whether to allow the operation of medical marijuana processing sites and medical marijuana dispensaries to the voters of Marion County, and has adopted an ordinance consistent with section 134, chapter 614, Oregon Laws 2015 (HB 3400 (2015)) for referral to the voters of Marion County on November 8, 2016; now, therefore, 1. IT IS HEREBY ORDERED that an election be held on November 8, 2016, to submit a question to the electors of Marion County concerning the establishment of medical marijuana processing sites and medical marijuana dispensaries in unincorporated areas of Marion County outside of city limits. A Notice of Measure Election in compliance ORS is attached to and made a part of this Order, and an Explanatory Statement in compliance with ORS is also attached to and made a part of this Order.

3 2. IT IS FURTHER ORDERED that, in accordance with ORS , a duplicate copy of this Order shall be filed with the Marion County Clerk for publication in accordance with state election law. 3. IT IS FURTHER ORDERED that the County Administrative Officer is delegated authority to sign and submit any Secretary of State forms required for this ballot measure under state law. DATED at Salem, Oregon, this_ day of_ 20_. MARION COUNTY BOARD OF COMMISSIONERS Chair Commissioner Commissioner

4 NOTICE OF MEASURE ELECTION Notice is hereby given that on Tuesday, November 8, 2016, a measure election will be held in Marion County concerning the establishment of medical marijuana processing sites and medical marijuana dispensaries in unincorporated areas of Marion County, outside of city limits. The following shall be the ballot title of the measure to be submitted to the voters of Marion County on this date: CAPTION Concerning medical marijuana businesses outside of cities in Marion County. QUESTION Shall medical marijuana businesses (processing sites and dispensaries) be allowed in unincorporated areas of Marion County outside of city limits? SUMMARY Marion County adopted ordinance no referring to county voters the question whether to allow medical marijuana businesses (processing sites and dispensaries) In unincorporated areas of Marion County outside of city limits. This ballot measure asks you to answer that question. A "yes" vote allows medical marijuana businesses in unincorporated Marion County. A "no" vote does not allow medical marijuana businesses in unincorporated Marion County. The outcome of this measure will not affect an individual's right to possess or use marijuana under Oregon law. The outcome of this measure also does not affect medical marijuana grow sites or existing permitted medical marijuana dispensaries. This ballot measure does not affect the separate ballot measure concerning recreational marijuana businesses in unincorporated areas of Marion County outside of city limits. The ordinance and this ballot measure do not affect whether medical marijuana businesses will be allowed inside the city limits of any city in the county as that decision is up to the city council and voters of each city.

5 EXPLANATORY STATEMENT FOR COUNTY VOTERS' PAMPHLET Ballot Title Caption: Concerning medical marijuana businesses outside of cities in Marion County. Measure Number: _ Word Total: _10_ Approval of this measure would allow the establishment of medical marijuana processing sites and medical marijuana dispensaries in areas of Marion County that are outside of cities. The outcome of this measure will not affect medical marijuana grow sites or existing permitted medical marijuana dispensaries. dispensaries. In 2013, the Oregon legislature passed a law that allows for medical marijuana In 2014, Oregon voters approved Ballot Measure 91 which, among other things, includes provisions providing for a variety of state licensed marijuana businesses, including medical marijuana processing sites and dispensaries. In 2015, the Oregon legislature passed a law that allows for a county governing body to adopt an ordinance that prohibits the establishment of any one or more categories of medical marijuana businesses in unincorporated areas of the county outside of city limits. If a county governing body adopts such an ordinance, it must submit the ordinance to the electors of the county for approval at the next statewide general election. The governing body of Marion County has adopted an ordinance prohibiting the establishment of medical marijuana processing sites and medical marijuana dispensaries in unincorporated areas of Marion County outside of city limits. As a result, the governing body of Marion County has referred this measure to the voters of Marion County. A "yes" vote allows medical marijuana businesses (processing sites and dispensaries) in unincorporated Marion County outside of city limits. A "no" vote does not allow medical marijuana businesses in unincorporated Marion County outside of city limits. The outcome of this measure will not affect an individual's right to possess or use marijuana under Oregon law. This ballot measure also does not affect the separate ballot measure concerning recreational marijuana businesses in unincorporated areas of Marion County outside of city limits. The ordinance and this ballot measure also do not affect whether medical marijuana businesses will be allowed inside the city limits of any city in the county as that decision is up to the city council and voters of each city.