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Effort by Oregon Marine Board to Solicit Comments on Proposed Rule:

“Marine Board Seeks Written Comments on Proposed Fly Creek Rules on Lake Billy Chinook” 03/29/18  <https://flashalert.net/id/OSMB>

The Oregon State Marine Board seeks public comment on proposed rules for the Fly Creek Inlet on Lake Billy Chinook.

The Board initiated rulemaking in January 2018 to consider a slow-no wake zone in the Fly Creek Inlet.  At the Board’s quarterly Board meeting held on March 28, in Salem, the Board tabled rulemaking, directed  staff to modify the proposed rule language, and reinitiate rulemaking.

The Marine Board will conduct a public hearing on the revised draft language beginning at 9 am during its April 18, Marine Board meeting.  To ensure the Board has adequate time to review written comments, please submit them by April 16, at 5 pm.

Comments can be submitted via email to .rulemaking@oregon.gov">osmb.rulemaking@oregon.gov or by U.S. mail to: June LeTarte, Administrative Rules Coordinator, 435 Commercial St. NE, Suite 400, Salem, OR 97301.  Comments via telephone will not be accepted. 

To view the proposed changes, visit http://www.oregon.gov/OSMB/info/Pages/Rulemaking-and-Public-Notices.aspx.

Regulating Marijuana: A newer legal industry:

“Oregon moves ahead with lower potency limits for marijuana edibles”

Noelle Crombie | The Oregonian/OregonLive , Updated April 04, 2016 at 1:33 PM

Oregon public health officials are moving ahead with rules that would cap THC in marijuana edibles at half of Washington and Colorado limits, saying such a restriction is key to protecting novice consumers and children. A rules advisory committee of the Oregon Health Authority met for the last time Thursday to discuss the proposed rules, which call for limits of 5 milligrams of THC in a single serving of an edible, such as a cookie or chocolate. A package of marijuana-infused edibles may contain no more than 50 milligrams.

For edibles sold on the medical marijuana market, the state has proposed higher limits -- 100 milligrams of THC -- a cap many advocates and patients say is too conservative for experienced and regular cannabis consumers. The agency will hold several hearings this spring for public comment on the rules, but the schedule and location for those meetings has not been set. The rules go into effect Oct. 1.

Wary Oregon wants weaker pot edibles for recreational users

For months, Oregon public health officials have debated how to address complicated issues posed by pot-infused edibles. There's little science to suggest what constitutes a single serving, leaving regulators to guess at a starting point for consumers. Complicating matters, these products, which include candies, drinks, sweets and other treats, are popular, potent and take longer to have an effect than smoking.

Leading pediatricians in Oregon and public health experts pressed for less-potent edibles, worried about the products' natural appeal to children. Last year, the Oregon Poison Center received 25 calls related to children under 6 consuming marijuana, up from 11 the previous year. (By comparison, the center received an estimated 1,800 calls in 2014 about young children getting into household cleaners, according to data provided by the agency.)

Andre Ourso, manager for Oregon's medical marijuana program, said the limits are intended to protect kids and rookie pot consumers. "We felt that a cautious approach was probably the best approach," he said, adding that consumers disappointed after eating a 5 milligram serving can eat two or three more. "I think this is the best compromise we could come to."

David McNicoll, a member of the rules committee and owner of Dave's Space Cakes, an edibles company, said the edibles industry is preparing to launch a public education campaign. The "Try 5" campaign will encourage recreational consumers to start with 5 milligrams of THC before eating more. The campaign mirrors an effort in Colorado, where the marijuana industry has promoted a "start low, go slow" message.McNicoll said his group, the Oregon Responsible Edibles Council, hopes to have posters and cards in the state's dispensaries soon.

"We are really just hoping to get the conversation about dosage started with people who don't know what THC is, or a milligram," McNicoll said. "We are trying to get them educated about what the products are."

The health authority also has set limits for a range of consumer products sold on the marijuana market, including extracts, topicals like lotions and balms, and capsules. On the medical side, the agency set 4,000 milligram THC limits for tinctures, capsules, suppositories, skin patches and extracts. 

John Bayes, a longtime grower and owner of Green Bodhi, a medical cannabis business in Eugene and Portland, wondered why the state set relatively low limits for recreational marijuana edibles due to public health concerns and limits on some medical products that far exceed what even heavy consumers could comfortably tolerate. "These are really, really high," he said. "A 4,000 (milligram) suppository melts down and you have the experience that no one in this room is handling that well."

He said he hasn't seen capsules with 4,000 milligrams of THC -- most are between 50 milligrams and 100 milligrams -- but worried that could become reality if the state signals its approval through its rules. "I know the reality is people are going to do it because that's how this industry goes," he said.

Bayes suggested the state set limits on those products at 100 milligrams.

Ourso said the 4,000 milligram cap is intended to cover a package of capsules or suppositories, not individual doses. He said the agency will take a second look at the issue and consider setting 100 milligram caps on individual capsules and suppositories. -- Noelle Crombie

Example of effort to mobilize participation in rulemaking:

From: The Pipeline: Cannabis Legal Advisor <www.cannabislawadvisor.com>

Making a Difference: Public Comment on Oregon Proposed Rulemaking

By Justin E. Hobson on November 27, 2017

Most government agencies rely on an informal rulemaking process when drafting and finalizing rules interpreting the law. This process generally requires the appropriate government agency to notify the public of the proposed new rule or proposed modifications to existing rules. The government agency generally must consider all comments received before finalizing a rule.

An exception to the public-comment period generally applies for “emergency” or “temporary” rules. Emergency and temporary rules are usually effective immediately, but are temporary in length. Unless the agency takes additional action, most temporary and emergency rules will expire.  A formal rulemaking and comment period generally applies before an emergency or temporary rule becomes permanent.

We encourage our clients and blog readers to participate in the rulemaking process.

The Oregon Department of Revenue (ODOR) issued a Notice of Proposed Rulemaking on October 19, 2017. ODOR scheduled a public hearing regarding these proposed rules on November 28, 2017 in Salem, Oregon.

ODOR proposes the adoption of two new rules – OAR 150-475-2030 and 150-475-2030. The stated need for the latter rule is to “codify the tax categorization of various products sold by marijuana retailers.” However, our review of the proposed rule includes a drafting error, inconsistent defined terms between the proposed rule and state statute, and an attempt to subject the sale of cannabis “seeds” to the state’s 17 percent retail sales tax. Our view of the applicable Oregon statute is that the retail sales tax does not apply to cannabis seeds as currently drafted and the proposed rule improperly classifies cannabis seeds as “immature plants.” Our Cannabis Team drafted and submitted the following public comments to ODOR and intends to attend the public hearing in Salem later this month.

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