Sean C. Morgan
The Sweet Home City Council held the first reading of two ordinances last week that would prohibit the sale, production, processing and wholesaling of recreational marijuana and the sale of medical marijuana in the city limits.
City Attorney Robert Snyder presented the draft ordinances to the council during its regular meeting on July 28, which the council intends to put on the Nov. 2016 ballot as an advisory vote for city residents.
The proposed ordinances follow a process outlined in House Bill 3400, which was passed by the legislature and signed by the governor at the end of the legislative session.
The council will hold the second reading of the ordinances on Aug. 11. On Aug. 25, the council will hold its third reading and be able to take action on the ordinance.
Once the ordinance is adopted by the City Council, Snyder said, the city can notify the Oregon Health Authority and the Oregon Liquor Control Commission, which then stops issuing licenses to marijuana facilities, essentially a temporary moratorium.
The ordinances would then appear on the November 2016 ballot, and Sweet Home voters would decide their fate.
The state law “grandfathers” medical marijuana dispensaries that exist prior to passage of the ordinance.
Councilor Jeff Goodwin asked about another law, Senate Bill 460, passed by the legislature that allows medical marijuana dispensaries to begin selling recreational marijuana in October. That law also allows cities to prohibit the practice.
Snyder said he would return to the council with a draft ordinance for members’ consideration.
In public comment, resident Theresa Brown questioned why the council would pass such a law.
“Why? Why? Have we had issues?” she asked, talking about public safety and logic. “Has there been a big issue with the medical marijuana dispensary in town? Since July first, I haven’t seen a bunch of stoners wandering around the street not knowing what to do. Why all this effort to stop this?”
She hasn’t seen any of the “hell freezing over” problems some have feared with the legalization of marijuana, she said.
“The citizens of Sweet Home voted this down once,” said Councilor Dave Trask, referring to local voters’ response to Measure 91. “I feel like they have the opportunity to vote on it again.”
“All of this effort could be doing something more critical for the city,” Brown said.
Former Mayor Dave Holley questioned whether the city should pursue the issue.
“We voted on this once, and we voted it down,” he said. “That’s not really true.”
Holley said he didn’t vote in support of legalizing marijuana and he thinks it will cause problems, although he hopes not.
“I could be a poster child for anti-drugs,” he said. “I think we have to recognize that as a state the issue was decided.”
Goodwin said marijuana is “clearly, unequivocally against federal law. That ends the discussion doesn’t it? The country’s decided.”
Even so, the council is talking about following the state law with these proposed ordinances, Goodwin said, noting that Linn County voted against legal marijuana. And he thinks that most people will vote that way again.
Councilor Bruce Hobbs said he understands people may not want dispensaries here, and he’s comfortable giving them the chance to decide if they want to have a “dry city.”
“I don’t really care one way or the other whether (marijuana businesses) are here or not.”
Marijuana is decriminalized and may be smoked in Sweet Home, he said, and that’s something that has wasted a lot of time in the past.
He moved to hold the first reading of the ordinance banning recreational marijuana sales and production, and Goodwin moved to hold the first reading of the ordinance banning medical marijuana dispensaries. Both motions passed 7-0.
Brown, who has supported legal marijuana, said she doesn’t agree with the decision, but she thinks the process is good and will give the people of Sweet Home the chance to vote for what they want.
“It’s not what I would want, but I think it’s important that everybody in town gets to say what they want,” she said.