Oregon Legislature Pushed to Close and Avoid Special Session

Wednesday, May 20, 2015

Melanie Sevcenko, GoLocalPDX Contributor

The state’s forecast was gloomy back in February, with a governor-swapping media frenzy, just weeks into a new legislative session.

But the dust has long settled since Kate Brown assumed office as governor on the heels of Kitzhaber’s resignation.

Oregon continues to make headway with a growing economy, a projected $473 million rebate to taxpayers, and an additional $264 million more in state budgets for the next two years, likely to be allocated to schools and state services.

And just last week, the revenue forecast for June was released, which means it’s number crunching time for the state government.

“This is the time of session when a lot gets done,” said Kristen Grainger, communications director for the office of Governor Brown. “The legislature can take action on budget bills, and other leadership priorities are moving or under discussion.”

With June 26th as a self-imposed deadline to wrap the current session, the legislature officially has until July 11th to tackle a banquet of outstanding issues and bills.

When asked whether there have been talks of a special session if both parties fail to advance legislation, communications director of the Senate Democratic Office Molly Woon said, “none whatsoever.”

Since 1971, the Oregon Legislative Assembly has convened in special session 23 times to complete unfinished tasks.

Big topics: marijuana and drought

Each session, allocating budgets for agencies and departments is a pressing matter for both the Senate and the House.

But alongside leading legislation this year is the implementation of Measure 91, or the legalization of recreational marijuana, and the grueling process of voting on the alteration of existing medical marijuana laws.

The House Democrats on the Joint House-Senate Committee have failed to come an agreement on medical marijuana. As a result, the Senate has formed its own special committee to regulate legislation pertaining to medicinal weed. But on Monday evening they unanimously voted a bill out of their committee.

The bill, which now goes to the Senate floor for a vote, would require the Oregon Health Authority to track medical marijuana through the supply chain, whereby limiting the size of cannabis crops, particularly in residential neighborhoods.

“The Joint House-Senate Committee will also continue work this week to launch and regulate recreational marijuana,” said Kara Walker, communications director of the House Republican Office.

“The recreational side of the issue has been less contentious than the medical side, so a lot of the work has already been accomplished there.”

Other major bills in the House that have yet to pass, but linger on, include proposals on minimum wage and capitol renovation, as well as school seismic upgrades.

Adding to the pile are public records and campaign finance reforms, and legislation that aims to address natural resources.

“Water issues are particularly important this session, as many parts of the state are already experiencing severe drought conditions,” said Walker, citing Senate bills that seek to enforce agreements and ensure that all stakeholders have access to water in times of drought.

Oregon could join 49 states with executive impeachment

On the ethics front, the House of Representatives approved Republican Jodi Hack’s impeachment proposal, HJR 31, on Tuesday morning.

Oregon is the only state in the nation where a governor cannot be impeached.

HJR 31, an amendment to the Oregon Constitution, would allow the House to impeach statewide executive branch officials on the grounds of malfeasance in office, corruption, neglect of duty or other high crimes or misdemeanors.

Co-sponsored by House Republican Leader Mike McLane and House Majority Leader Val Hoyle, HJR 31 now moves to the Senate for consideration.

If approved by the Senate, it would then be referred to the 2016 general election ballot for voter approval or rejection.

“This resolution is not a weapon, but a tool for accountability of the executive branch,” said Rep. Hack in a press release. “It is constructed in a manner that provides for a difficult yet fair process of impeachment, and while we all hope that it is never needed, we need to have this tool available so that the integrity and duties of the executive branch are maintained.”

Another highly covered topic is the Oregon Supreme Court’s decision on the PERS (Public Employees Retirement System) Coalition lawsuit to overturn retirement system changes enacted by the 2013 Oregon Legislature.

According to Walker, the issue will likely continue to generate media interest, without necessarily garnering legislative action.

Current session on track

This session, members of the Senate Democratic Office are particularly focused on pushing paid sick leave and retirement security across the finish line.

Regarding their progress, Molly Woon said, “we are right on track. This is my eighth session, and it feels like we are where we’re supposed to be.”

Kristen Grainger of the governor’s office agrees. She says it’s too early to predict the likelihood of a special session.

At this time, “things start to move really quickly, making any speculation about post-session activities is quite premature,” affirmed Grainger.

Melanie Sevcenko is a journalist for radio, print and online. She reports internationally for BBC World Service and Monocle Radio (M24) in the UK, and for Deutsche Welle in Germany. Melanie also reports for the online news source GoLocalPDX, in Portland, Oregon. Her work has been broadcast by CBC in Canada and the Northwest News Network, and published by Al Jazeera English, Global Post, Pacific Standard, the Toronto Star and USA Today, amongst others.

Related Slideshow: Ten Things to Know About Marijuana Legalization in Oregon

Here are ten things you need to know now that pot is legal in Oregon.

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1) Drug testing will continue

Despite marijuana being as legally permissible as a pint of beer, many of the largest employers of Oregonians will continue to include marijuana in their employee drug screens.

Fred Meyer, one of the largest employers across the state, said the company plans to continue drug testing its Oregon employees regardless of the new law.

Melinda Merrill, Fred Meyer communications director, said the company employs truck drivers, heavy equipment operators and other positions that require drug screening.

“We have to make our employees safe,” Merrill said.

Companies that employ heavy equipment operators are required to buy insurance. Companies that employ workers who operate machinery while simultaneously employing workers who do not are sometimes offered a lower monthly deductible if they test all of their employees across the board, as opposed to only testing a portion.

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2) Your neighborhood dealer may be able to stay in business

The average price for marijuana in Oregon is among the lowest in the nation at sightly over $9 per gram, according to data collected by priceofweed.com.

The economy for recreational pot in Washington failed to gain the footing that was expected by some experts. The notion of Seattle being crowned as the new Amsterdam went up in smoke after consumers saw how the state’s taxes increased the price of marijuana - three joints can run a Washington customer $75, while a gram of the plant’s dried flowers cost around $30.

While the taxation in Oregon isn’t expected to bump prices that high, customers who have grown accustomed to the state’s high quality, low-price buds and hash oils may turn their noses up at even the slightest increase.

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3) Taxes on pot will be different than Washington and Colorado laws

Marijuana sold from licensed vendors in Oregon will carry taxes of $35 per ounce on marijuana flowers, $10 per ounce on all marijuana leaves and trimmings and a $5 tax on all immature plants or clones. The tax rates will be reevaluated every two years and adjusted for inflation. The revenue will be allocated to support government services - 40 percent will support public schools, 20 percent will support law enforcement, 20 percent will support mental health and 5 percent will support the Oregon Health Authority.

State-licensed vendors may still face obstacles, however, when it comes to their federal income taxes. Internal Revenue Section code 280E denies any tax deductions and credits for businesses that traffic any controlled substances that are prohibited under federal law.

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4) You can’t smoke up wherever you please

The law stipulates that use of marijuana, including injection, ingestion and inhalation of the drug is prohibited in public places. In other words, you won't constanty be seeing (or smelling) people lining sidewalks lighting up a joint.

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5) There are also restrictions on growing

No one is permitted to have more than four marijuana plants at a time - considerably less than the 12 plants that Washington residents are allowed to grow. The law also restricts plants being grown in public view.

Sorry, window-sill gardeners.

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6) Marijuana DUIs may be addressed in future legislation

Unlike the Washington law, which included attached regulations concerning driving impairment, Oregon’s law has more room for interpretation.

Driving under the influence of marijuana is classified as a class b traffic violation, which carries a presumptive fine of $260 and is not to exceed maximum fine of $2,000. The Oregon Liquor Control Commission has been tasked with researching the subject of drugged driving and presenting its finding to the Oregon Legislative Assembly no later than January 2017.

After reviewing the OLCC report, the state legislative assembly will decide whether passing more extensive driving regulations will be necessary.

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7) Legalization won't take effect until summer.

Anyone over 21 will be allowed to possess small amounts of marijuana for their personal use from July 1, 2015.

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8) Crossing the Columbia River with a state-licensed spliff will catch you a felony

Although marijuana is simultaneously legal in Oregon and Washington, it's illegal to transfer the drug between the two states.

Measure 91 is only applicable to Oregon and marijuana remains illegal under federal law. Even with a physician’s subscription, marijuana is classified as a Schedule I controlled substance - meaning that anyone transporting it across state lines is prosecutable by federal agencies.

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9) Legalization could mean big money for financial service startups

It’s not just the vendors whose businesses will grow under legalization - companies like Greenpay are expected to expand rapidly once the new legal market gets its footing. Greenpay would allow consumers to instantly purchase marijuana using their smartphones.

Greenpay is a wholly-owned subsidiary of MyEcheck - a publicly traded company whose shares typically trade for less than ten cents on the New York Stock Exchange. With legalization efforts gaining momentum around the country, companies providing auxiliary services for the marijuana industry may create an economic boom.