The Oregon Liquor and Cannabis Commission again expressed displeasure with badly behaving cannabis businesses, signaling a desire to sideline marijuana licensees unable to follow common business practices. Last month, the Commission indicated its frustration with licensees that break the law or don't follow OLCC rules and as a settlement are required to surrender their license; many licensees in this position are able to monetize the soon-to-be surrendered license through the sale of their cannabis business. Commissioners want to close that loophole.

At the Commission's regularly scheduled monthly meeting on August 18 Commissioners made clear that they don't want industry poor performers to jeopardize consumer confidence in the regulated recreational marijuana market. The Commissioners also approved stipulated settlement agreements, renewed 12 liquor store agent contracts and appointed two new agents to run independently operated liquor stores.

While discussing cannabis stipulated settlement agreements, Commission Chair Paul Rosenbaum voiced concern about a settlement with a lab that had a faulty testing process. The result is that improperly tested products were approved and eventually sold to consumers.

"Consumers in this state have to be one hundred percent sure that we're complying and doing it [testing] safely," said Rosenbaum.

Other concerns are the frequency of packaging and labeling mistakes, and licensees not following the proper process and protocols for testing. OLCC Compliance Director Jason Hanson told the Commission there has been a rise in issues that could lead to product recalls.

According to Hanson problems have included: licensees adding ingredients to marijuana products after final testing and not re-testing; licensees not following requirements for non-cannabis additives when making flavored vapes; and licensees not understanding changes to OLCC rules before continuing to manufacture and distribute products for sale.

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"What worse violation can you think of then getting approval to go to the market, then changing the product?" said Rosenbaum.

On August 18, 2022, OLCC issued a product advisory after finding that a THC vaping product containing a banned ingredient was sold at two licensed cannabis retailers in Eastern Oregon. Commission staff worked with the licensees who voluntarily removed the products from their shelves in early July, 2022.

The Commission also expressed a desire to work with the Oregon Health Authority (OHA) on a joint campaign to address excessive alcohol consumption. That interest came after OHA shared with Commissioners a new public awareness campaign "Re-think the Drink" to raise awareness about the impacts of over consumption of alcohol. The campaign asks Oregonians to reflect on and then reconsider their alcohol consumption while pointing out the impacts of over consumption.

A joint campaign might better highlight the value of the OLCC and the control state system according to Commissioner Matt Maletis.

"This agency is one of the lead funders of addiction treatment services, cities, counties and health programs," said Maletis. "I think that is something people forget that we are partners with slightly different missions, but really we don't because we're on the same team."

The OLCC's Distilled Spirits division reported to the Commission that although liquor sales revenue has grown 5.2%, the volume of liquor sold is down 1.5% from the same period last year. This shows a continued trend of Oregonians moving up-the-shelf and purchasing higher price point liquor products. The revenue growth is attributed to Oregon's continued population growth and the hospitality industry's re-emergence from the pandemic.

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In other business, Commissioners renewed 12 independently owned liquor store contracts because of their operational success. The Commission also appointed Angela Smeulders to operate a Tualatin liquor store located at 19265 SW Martinazzi Ave. Smeulders has acted as the temporary agent since September of 2021 due to her father's retirement as the previous agent. Commissioners also appointed Robert Babin to operate the Jantzen Beach Store located at 11980 N Jantzen Dr. Babin has been the store manager for the past 12 years and took over the Jantzen Beach store due to his father's retirement.

The Commissioners also ratified the following stipulated settlement agreements (detailed information on specific cases can be found on the OLCC website):

• ELEVEN ELEVEN a marijuana producer, will pay a $2,750 fine OR serve a 11-day license suspension for one violation.
• LIGHTSCALE LABS a marijuana laboratory, will pay a $5,750 fine OR serve a 23-day license suspension for one violation.
• CURA CANNABIS SOLUTIONS a marijuana processor, will pay $130,000 fine, AND serve a 23-day suspension OR pay a $132,750 fine AND serve a 12-day suspension for multiple violations.
• VILLAGE GREEN a marijuana producer, will pay $24,500 fine OR pay a $10,500 fine AND serve a 56-day suspension.

--Staff Reports

Post Date: 2022-08-19 13:37:26

Last Update: 2022-08-19 16:19:53

The Election Division has provided notice of a temporary administrative order for OAR 165-005-0130. The rule provides a new restriction on the disclosure of the addresses of election workers. This temporary rule went into effect on August 16, 2022 and will end on February 10, 2023 or upon adoption of a permanent administrative order.

The rule is being driven by HB 4144 which was passed in the 2022 session and it defines elections workers and requires an exemption for residential address disclosure. In enacting HB 4144 the Legislative Assembly directed the Secretary of State to adopt a rule. This rule is needed to define electors qualified for residential address exemption in certain elections public records.

The rule is being enacted as an emergency rule. According to The Secretary of State "failure to act promptly will result in serious prejudice to the public interest of protecting elections workers as authorized in HB 4144. Defining the term Elections Worker is required to implement provisions of the law in a timely manner prior to the November 2022 General Election."

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Tyler Janzen of the Oregon Association of County Clerks offered testimony during the hearing for HB 4144. He said, "This bill does two things to protect those election workers. First, it allows election workers to exempt their residential address from public records disclosure, lessening the threat of hostile behavior occurring at their private residences. Second, it makes the crime of harassment or aggravated harassment against an election worker a Class C felony, deterring would-be harassers from inappropriate actions."


--Staff Reports

Post Date: 2022-08-19 11:39:19

Last Update: 2022-08-19 12:52:48

The Oregon Joint Task Force on Addressing Racial Disparities in Home Ownership is a legislatively appointed body that is developing solutions to address conditions that reduce or prevent homeownership among people of color in Oregon. The task force has been examining racial disparities for four years. It is currently Co-Chaired by Senator James Manning Jr. (D-Eugene) and Representative Ricki Ruiz (D-Gresham).

In past meetings, the task force has discussed challenges to borrowing despite programs to assist in becoming eligible and closing a home purchase. Banks have taken action expanding educational programs on how to increase credit scores and boost home ownership rates among people of color.

Many of the first task force recommendations were adopted in 2021 and 2022, which appear to have no impact. The task force was restarted in May 2022 with a recommitment to make new investments in financial services and other support services to address the disparities in homeownership.

The task force has been charged with examining twelve separate policy proposals related to funding and organizational capacity; institutional and regulatory measures; and models for asset building. However, resolving racial disparities involves reducing the wealth gap, which involves a redistribution of wealth, or requiring Oregon to go down a socialism path, which may be why the first task force had no impact. The twelve policy proposals gouge taxpayers with $332.4 million, some amounts are repeating.

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The public may provide feedback on any or all the proposals from August 18 through September 2, 2022. Members of the public are invited to submit written comment on the twelve separate policy proposals. To submit written comments, email to jardho.exhibits@oregonlegislature.gov. Testimony submitted to this email address will be posted on the Oregon Legislative Information System (OLIS).

After the “love letter” law, passed in 2021, was ruled in violation of the First Amendment restricting free speech, the task force took another route. Proponents claimed discrimination under the Fair Housing Act. Instead, the task force proposes to enforce through BOLI and the Fair Housing Council of Oregon and recommends $5 million of taxpayer funds to work on violations of housing discrimination.

Many of the proposals provide for assistance and education, all of which should be taught in high school along with maintenance and upkeep of a home.


--Donna Bleiler

Post Date: 2022-08-18 13:59:32

Last Update: 2022-08-19 13:36:33

The Republican State Leadership Committee has issued a commentary on Oregon's employment recovery -- or lack thereof. "While dozens of states across the country have blown past pre-pandemic job levels, including neighboring Idaho who has gained over 150% of jobs lost during COVID, Oregon still has not returned to pre-pandemic job levels." according to new data released by the Oregon Employment Department Wednesday.

RSLC Spokesman Zach Kraft asks "Why the massive discrepancy across the Idaho/Oregon line? Lockdowns, taxes, and regulations."

According to Kraft, "Look no further than recent reporting from the Oregonian describing three potential businesses who would make an $8 billion investment in Oregon, but are hesitant because of Oregon's high taxes and burdensome regulations. Oregon's Democrat leadership has made life tough for small businesses and dissuaded new entrepreneurs from starting businesses and bringing jobs to the state."

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"Four decades of Democrat control in Salem has caused the economy to sputter, jobs to disappear, and businesses to flee" said Kraft. "When Republicans retake the legislature, they will get the economy back on track and put more money in Oregonians' pockets. It's long past time Oregon had leaders working to make life easier for them, not harder."


--Staff Reports

Post Date: 2022-08-18 13:45:39

Last Update: 2022-08-18 13:59:32

According to a release by the Oregon Secretary of State, "On August 17, 2022, the Elections Division determined Initiative Petition 2024-004, proposed for the November 5, 2024 General Election, contained the required number of sponsorship signatures, and has requested the Attorney General draft a ballot title." The number of signatures required is 1,000, but the Secretary of State will accept up to 2,000 in case of failures.

The subject provided by Chief Petitioners for the proposed initiative is, "New tolls require regional voter approval" and the initiative requires three things before a toll can be imposed:

(A) A toll is proposed by a public body
(B) The toll proposed by the public body is referred for approval or rejection to the electors of each county in this state that has a county border within a 15-mile radius of any section of highway proposed to be tolled, and
(C) The toll proposed by the public body is approved by a majority of the total votes cast in the referral

The Chief Petitioners for the initiative are Dean Suhr of West Linn and Lorely Miller of Oregon City -- both residents of the southwest section of I-205, where tolling is scheduled to be implemented. According to the Oregon Department of Transportation, "With a toll, ODOT helps meet the goal of improved travel by managing traffic flow and helping to raise revenue for infrastructure improvements."

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The ODOT webpage says that the Keep Oregon Moving legislation HB 2017 from the 2017 Session established a Congestion Relief Fund, which would receive any net proceeds from tolls.

Next, the Oregon Attorney General, Ellen Rosenblum will create a draft ballot title for the next phase of signature gathering. The draft ballot title is due from Attorney General on August 25. The petitioners now must gather a total of 149,360 signatures to place the initiative on the November 2024 ballot.


--Staff Reports

Post Date: 2022-08-18 12:36:55

Last Update: 2022-08-18 13:20:23

The Oregon Health Authority is confirming the state's first pediatric case of monkeypox virus. The OHA and county public health officials say the case is linked to an adult monkeypox infection that was confirmed last month.

"We have a known connection to a previously diagnosed case," said Dean Sidelinger, M.D., health officer and state epidemiologist at OHA. "This child did not get the virus at school, child care or another community setting."

To protect patient confidentiality, OHA is not disclosing the child's sex, age, county of residence or how the child is connected to the previously diagnosed case.

The pediatric case is one of 116 presumptive and confirmed cases of monkeypox in Oregon, which also includes 112 men and four women. Illness onset ranges from June 7 to Aug. 9. The cases are in seven counties: four in Clackamas, one in Columbia, one in Coos, 20 in Lane, one in Marion, 73 in Multnomah and 16 in Washington. About 27.6% of cases identify as Hispanic/Latino.

Nationwide, according to the Centers for Disease Control and Prevention, there are nearly 12,700 cases in 49 states, the District of Columbia and Puerto Rico. They are among more than 38,000 cases in 93 countries.

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The Oregon child was tested for monkeypox Aug. 11, and the test results were reported to public health Aug. 15. Since receiving test results, the local public health authority, with support from OHA, has been conducting a case investigation and contact tracing to determine whether there are other exposures. During these investigations, public health provides guidance on how to avoid spreading the virus to others and offers vaccines to close contacts.

Sidelinger acknowledged concerns of parents who are preparing to send their students back to school in the coming weeks, as monkeypox cases continue to rise in Oregon and other states. But he emphasized that risk of monkeypox spreading in school settings is low, since the most common means of person-to-person transmission is direct contact with the rash, scabs or body fluids of a person with the virus.

"Monkeypox is not COVID-19. This virus is not easily spread unless you have that prolonged, close, skin-to-skin contact with an infected person," Sidelinger said.

Symptoms of the virus can include fever, swollen lymph nodes, chills, headache, muscle aches and fatigue. Not everyone will have these symptoms, but everyone will experience a rash or sores. The rash can affect the skin of the face, arms, legs and torso, as well as the genitals, in and/or around the anus (butthole), or in the mouth.

Initially, the rash can look like a pimple with an area of red skin underneath it. From there, the pimples can get a little bigger, form indentations, and fill with fluid or pus. Typically, they then scab. It usually takes two to four weeks to heal over with fresh skin.

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OHA recommends people who test positive for monkeypox or who are awaiting test results isolate at home to avoid spread of infection to others. There are additional precautions they and household members can take to further reduce transmission risk that can be found on OHA's If a clinician recommends that you receive an Orthopoxvirus test page. The CDC also has information on its Preventing Spread to Others page.

People who suspect they have monkeypox should contact their health care provider to let them know before going in to be seen. Those who don't have a health care provider can call 2-1-1 to get help finding a clinic or health care provider, or reach out to their local public health authority to find a clinic or provider.


--Staff Reports

Post Date: 2022-08-17 12:19:08

Last Update: 2022-08-17 12:24:25

The Court of Appeals has issued a decision in Douglas R. Marteeny et al vs. Katherine Brown, Governor of the State of Oregon et al Timothy Espinoza. Attorney for the plaintiff, Kevin Mannix provided some insight on the case and on his next steps in this case.

This is a sad day for victims of crime, and district attorneys, and a sad day for the entire justice system in the State of Oregon. The Court of Appeals has held that the Governor's clemency power is so broad as to negate procedural requirements established by the Oregon Legislature going back to 1864. The Court of Appeals approach seems to be that any attempt to establish a procedural requirement somehow restricts the Governor from ultimately making a clemency decision.

The legal requirements provide District Attorneys and crime victims with the right to be heard in each case when the Governor is considering clemency. The Court of Appeals decision eliminates that right.

We will appeal this decision to the Oregon Supreme Court. The basis for our appeal will be that the Court of Appeals has misinterpreted the laws regarding the clemency process.

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Kevin Mannix, a former Oregon state legislator, is running for State Representative to serve House District 21 (Keizer and Central Salem) as a Republican. Mannix has run his own Salem law firm since 1986 and has passed more legislation than any other person in Oregon history. Mannix is well known in Oregon political and legal circles as a crime victim advocate and the father of Measure 11, the popular ballot measure that instituted mandatory minimum sentencing for violent crimes.


--Staff Reports

Post Date: 2022-08-14 19:36:55

Oregon's Safe Routes to School Advisory Committee says that they have identified expertise and experience that is missing in the current committee and is looking to add 3-4 new members.

The Oregon Department of Transportation (ODOT) is stating that their idea of ideal candidates are younger people (ages 16 – 24), a person with a disability and/or someone with different cultural or ethnic approaches, and/or perspective as someone in the health field.

Timeline and process: The application will be open through September 15. Staff will follow up with applicants in September. A sub-committee of the Safe Routes to School Advisory committee will recommend 3-4 new members to ODOT’s director in October. New members will begin their term in January of 2023.

You can access the application in English and in Spanish online.

ODOT has an equitable engagement compensation policy that offers payment for time spent engaging with the agency and it's programs for those who qualify.

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The SRAC recommends which grants to fund for ODOT’s Safe Routes to School Construction and Education programs. The SRAC is advisory to Oregon Department of Transportation, the Oregon Transportation Commission, and consultants with the Oregon Transportation Safety Committee. The SRAC’s charge is outlined in Oregon Administrative Rule (OAR) 737-025.

New SRAC members should attend and fully participate in six 3-hour meetings annually (generally every other month) starting in January 2023.

Meetings may be held online, in-person or as hybrid options. Accommodations to participate in meetings are available, such as material in alternate formats.

The SRAC determines the priorities for the SRTS program, provide feedback to staff for program implementation, and makes recommendations for grant funding.


--Ben Fisher

Post Date: 2022-08-14 15:07:09

Last Update: 2022-08-14 17:26:02

Saying "We will not stand on the sidelines as these attacks mount," Oregon Governor Kate Brown joined the governors of Washington and California in signing a Multi-State Commitment to Reproductive Freedom.

According to the letter, "The U.S. Supreme Court’s decision to overturn half a century of settled precedent and rescind the U.S. Constitution’s protection of reproductive freedom jeopardizes safe access to reproductive healthcare across the United States." The letter includes a commitment to the following:

• Protect against efforts by states hostile to abortion rights to target patients who receive legal reproductive healthcare services in our states
• Protect against judicial and local law enforcement cooperation with out-of-state investigations, inquiries, and arrests regarding abortion

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• Refuse non-fugitive extradition of individuals for criminal prosecution for receiving legal reproductive healthcare services in our states li>Protect against adverse actions by personal or professional liability insurers against those who assisted an individual from out-of-state in receiving an abortion
• Defend and protect licensed medical professionals in continuing to provide reproductive healthcare, in compliance with state and federal law
• Promote greater access to abortion care services
• Defend against false and misleading reproductive healthcare information.

--Ryan Bannister

Post Date: 2022-08-13 06:12:11

Last Update: 2022-08-15 15:27:06

The Oregon Court of Appeals has sided with Governor Brown in the case of Marteeny v. Brown in which Linn County District Attorney Douglas R. Marteeny and Lane County District Attorney Patricia W. Perlow asked the Court to reverse a decision of the lower court and keep the Governor from granting clemency to 1,073 felons.

The actions of Governor Brown were affirmed by a three-judge panel from the Oregon Court of Appeals which included judges, Bronson D. James, Robyn Aoyagi, and Ramón A. Pagán. According to an opinion of the Court, "The grants of clemency at issue in this case were a lawful exercise of the Governor’s power under Article V, section 14."

In 2020 and 2021, Oregon Governor Kate Brown granted clemency to approximately 1,026 convicted felons, comprising three groups: (1) individuals “vulnerable to the effects of COVID-19,” (2) individuals who had fought “the historic wildfires that ravaged the state around Labor Day 2020,” and (3) 73 individuals who were sentenced as juveniles before the passage of SB 1008 in 2019.

According to the Court, the power of the Governor to pardon is enshrined in the Oregon Constitution. Article V, section 14 provides: “[The Governor] shall have power to grant reprieves, commutations, and pardons, after conviction, for all offences except treason, subject to such regulations as may be provided by law. Upon conviction for treason he shall have power to suspend the execution of the sentence until the case shall be reported to the Legislative Assembly, at its next meeting, when the Legislative Assembly shall either grant a pardon, commute the sentence, direct the execution of the sentence, or grant a farther reprieve.”

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SB 1008 made substantial changes to the prosecution and sentencing of juvenile offenders, including providing for early release hearings, conducted by the Board of Parole and Post-Prison supervision, after 15 years of incarceration. The legislature did not make SB 1008 retroactive. The effect of the Governor's commutation order for these 73 individuals was to afford them the same procedure, under ORS 144.397, that would be afforded to a juvenile offender convicted today. Four family members of victims of the crimes of which some of the youth prisoners were convicted petitioned the Marion County Circuit Court for a writ of mandamus directing the Governor, the Department of Corrections, the Oregon Youth Authority, and the Board of Parole and Post-Prison Supervision "to honor and follow all procedural and substantive provisions of Oregon law." In their legal arguments, they argue that the commutations here were procedurally flawed, and unlawful for a variety of reasons. According to a media release by the Oregon Court of Appeals, "underlying those technical arguments exists a palpable emotion that deserves acknowledgement: they feel that they have been denied justice."

The Court of Appeals explained that clemency power of presidents and governors traces its origins to the earliest days of English common law. The arguments and emotions present in this case echo through the centuries. The power to pardon, sitting within a singular executive -- be they monarch, president, or governor -- has always been controversial, seemingly at odds with legislative determination and judicial decision-making. Whenever it has been used, it has been lauded by some, and condemned by others.


--Staff Reports

Post Date: 2022-08-12 16:06:19

Last Update: 2022-08-12 16:43:50

Oregon Governor Kate Brown praised the signing of the CHIPS and Science Act trying to regain some trust with Intel. Intel has rejected Oregon for new plants several times and most recently it chose to move part of its operations to Ohio. In the first governor’s debate, Betsy Johnson called out Brown when she said she knew why Intel left Oregon “because I talked with Intel executives and the answer was answering that damn phone. Nobody in the governor’s office saw the warning signals or reached out to Intel when the tallest tree in our Silicon Forest is headed out the door to Ohio. There were plenty of warning signs. And because Kate Brown has not been tuned into the economic development, allowed Intel’s needs to go unheard.”

Perhaps Johnson is right seeing that Intel spent $20 billion to build two new chip plants in Arizona last year. However, Oregon has 30 viable semiconductor companies in Portland alone, and 25 cities with businesses in the semiconductor or related devices category. The industrial corridor between Beaverton and Hillsboro with a cluster of high-tech companies has been nicknamed Silicon Forest. That is what the Governor was referring to when she said, “In Oregon, we are known as the Silicon Forest, having one of the densest concentrations of semiconductor activity in the country, which has spurred career opportunities and significant economic growth. The CHIPS Act will help ensure Oregon remains a leader in the semiconductor industry, allowing us to develop further technological innovations and grow our high-tech workforce.”

Brown stated, “The passage of the CHIPS and Science Act is a monumental step towards ensuring the U.S. continues to lead the way in technology and manufacturing. This legislation represents $280 million of investments that will expand domestic semiconductor manufacturing and grow our high-tech workforce, which is critical for our businesses and working families.”

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The United States ranks fourth in silicon production, behind China, Russia and India. Intel Corp. in Hillsboro ranked first in the nation in 2021 employing 19,300 employees, and second in market cap of $414.20 billion. Google thought so highly of Oregon’s technological possibilities that it ran their high-speed fiber optic network through Portland, Beaverton, Hillsboro, Gresham, Lake Oswego, and Tigard.

However, the source mines for silicon in Oregon are lacking with only 13 mine prospects, one silica mine plant and 24 silicon producers.

“Not only can we leverage these investments to advance technology and manufacturing,” Brown continues, “but we can also create living wage jobs with career pathways that will open the door of opportunity to many families who have been left behind.”

For the Silicon Forest to continue to stay on top, the Governor needs to realize that Oregon is competing for distribution channels for a high-demand product. So, how will she use the federal funds to grow and flourish Silicon Forest?


--Donna Bleiler

Post Date: 2022-08-12 10:26:02

Last Update: 2022-08-12 10:32:04

Due to a failure to provide adequate notice to its members of its nominating convention, the Oregon Secretary of State has rejected all nominees from the Constitution Party of Oregon. The move was based on a complaint filed June 10. The party expects to hold a new nominating convention on August 21st -- just 79 days before the general election will be held.

In a letter to the Constitution Party of Oregon Chair Jack Brown, Jr., Elections Program Manager Alma Whalen at the office of the Oregon Secretary of State describes the violations of Oregon election law:

ORS 248.009 requires a party to provide all registered party members within the electoral district an equal opportunity to make nominations or to select delegates who will make nominations. Further, the statute requires the party to provide specific notice of the place of the convention, the time of the convention, and the office(s) for which nominations will be made. This requirement makes clear that the intent of the statute is to provide notice specific to each nominating convention, and in a time frame within reasonable proximity to the election to allow all party members to participate meaningfully.

In this matter, the Party provided two kinds of notices: notice of the Steering Committee meetings at which the candidates received the Party’s nomination, and notice (in 2020) that the membership could elect precinct committeepeople. Both notices were insufficient to meet the requirements of ORS 248.009.

The Constitution Party of Oregon has been racked by factional fights. Party registration in Oregon is 3,842 as of August 2022, according to the Secretary of State's website.

Whalen concluded, "Because the Party did not comply with ORS 248.009(1) and (3) in any of its nominations this year, the Division is rejecting the candidate filings (SEL 110s) for all candidates nominated by the Constitution Party of Oregon for the 2022 general election."


--Staff Reports

Post Date: 2022-08-12 09:30:46

Last Update: 2022-08-12 10:16:29