Pubdate: Thu, 11 Jun 2015 Source: Oregonian, The (Portland, OR) Copyright: 2015 The Oregonian Contact: http://www.oregonlive.com/oregonian/ Details: http://www.mapinc.org/media/324 Author: Jeff Mapes MARIJUANA DEAL IN LEGISLATURE THREATENED BY NEW DISPUTE OVER LOCAL BANS ON POT SALES SALEM - A legislative deal laying out the future of the legal marijuana market in Oregon was in danger of falling apart Wednesday as the result of yet another dispute about local curbs on retail sales of the drug. Senate Minority Leader Ted Ferrioli, R-John Day, sent a late-night email to leaders of the legislative marijuana committee saying he couldn't agree with the deal they reached with city and county association lobbyists on the issue of local control. Ferrioli, whose eastern Oregon district voted strongly against the marijuana legalization initiative last November, said he wanted to make sure that local governments have the ability to ban medical and recreational marijuana sales in their communities. That same issue hung up legislators on the House-Senate marijuana committee earlier in the year when they tried to pass a bill dealing with regulation of medical marijuana. Sen. Ginny Burdick, D-Portland, and Rep. Ann Lininger, D-Lake Oswego, who co-chair the committee, thought they had got past that dispute by cutting a deal with local government lobbyists that paved the way for a broad measure, House Bill 3400, that deals with both medical and recreational marijuana regulation. They agreed to allow cities and counties to levy a 3 percent sales tax on recreational marijuana sales. The legalization initiative, Measure 91, banned local taxes. In exchange, the city and county lobbyists in essence agreed to put off the local control issue now while the matter is litigated in the courts and a task force came up with recommendations for the 2016 legislative session. "It's really disappointing," said Lininger. "My feeling is we had a deal and I'm shocked and disappointed that the goal posts have moved." Burdick said that "we're trying to find a path forward" and said she hoped it wouldn't derail the sweeping legislation, which includes everything from new limits and regulations on pot growers to strict labeling and testing requirements. A companion measure, House Bill 2041, calls for a 17 percent state sales tax on recreational marijuana, which would replace a harvest tax called for under Measure 91. Ferrioli said it's not enough to simply give cities and counties a chance to get some local tax revenue off marijuana sales in exchange for reducing their ability to bar sales. "A lot of people feel if you put a price tag on a value system, people will sell," he said. "Not true." Ferrioli also said he didn't want to leave the issue up to the courts, explaining that taxpayers are the ones who have to bear the costs of litigation. The state allowed localities to prohibit medical marijuana dispensaries for a year, but that ban expired on May 1. Many communities continue to prohibit the dispensaries, saying they can't be forced to allow sales of a drug still illegal under federal law. Measure 91 allows local bans on recreational marijuana -- possession of which becomes legal statewide on July 1 -- only through a vote of the people in a community. While Democrats hold a strong majority in the Legislature, Burdick and Lininger see bipartisan support as important in making their colleagues comfortable on an issue -- regulating legal marijuana -- that is so new to them. So for that reason, they don't want to lose the Senate's top Republican. Burdick and Lininger said they weren't sure how they would proceed, although they dropped plans to try to pass HB 3400 at their Wednesday evening meeting and eventually cancelled the session. "We're trying to get something done," said Lininger late Wednesday afternoon after she was seen huddling with one committee member, Rep. Andy Olson, R-Albany, on the House floor. Ferrioli also denied reports that his concerns about HB 3400 were aimed at winning Democratic concessions on unrelated issues. "I'm not trying to obfuscate or hang it up," he said, "or trade it for something." - --- MAP posted-by: Jay Bergstrom