High interest in marijuana in Sisters

Over a dozen marijuana-related permit applications have been received by the City of Sisters - mostly regarding retail sales establishments - despite the current temporary moratorium in effect in Sisters regarding the production, processing, and sales of marijuana within the city limits.

"I lost count of the denials," reported Patrick Davenport, community development director, "and I'm not keeping formal records of numbers of inquiries."

The moratorium was adopted by the previous city council because the City charter currently states that no licenses will be issued to a business whose activities are prohibited by local, state, or Federal law. Although marijuana growing, processing, testing, and sales are legal in Oregon and several other states, marijuana is still considered an illegal substance on the Federal level.

Davenport reported that he did get one inquiry each about processing and testing as well as two commercial grow questions, all of which were turned away.

About three months ago, someone inquired about processing industrial hemp for products like soap, lotions, garments, etc. When Davenport asked the City's previous legal counsel and the Drug Enforcement Agency's (DEA) San Francisco office, as well as the Oregon attorney general's office for direction on the question, he received no clear response.

"I advised the inquirer to get a determination from the DEA if processing hemp products is legal under the Fed's rules and to forward that response to us. At this point in time he hasn't heard back from the inquirer," he said.

With legalization being considered by a number of states across the country, and the Federal government announcing it will not enforce any laws regarding marijuana, interim City Manager Rick Allen suggested to Council that it would be prudent for them to establish policy regarding marijuana before it is legal nationwide. He mentioned that judging of marijuana plants as an agricultural product is occurring this summer at the Oregon State Fair.

"It is critically important to have regulations in place if Federal regulations go away," cautioned temporary city attorney Jeremy Green.

New regulations regarding time, place, and manner of sale (TPMs) would be created for the Development Code, which would go before the Planning Commission for review and approval and then to the City Council for adoption. TPMs regulate things such as where retail outlets or growing and processing operations may be located - distance from parks and schools, and which areas or streets of town. They also regulate hours of operation, signage, appearance of storefronts, and elimination of processing and growing odors and waste.

Allen told the Council there is no need to reinvent the wheel when they can build the City's regulations on the foundation established by the State of Oregon.

When the Planning Commission and City Council take up this issue, there will be ample opportunity for public input.