Marijuana plant

Oregon legislators think they have a deal on how much control cities and counties will have over marijuana sales.

(Brennan Linsley/The Associated Press)

A sweeping bill to regulate the burgeoning marijuana industry in Oregon is back on track after legislators agreed to make it easier to ban retail pot sales in almost all of the state's eastern counties.

Leaders of the marijuana committee agreed to give a powerful eastern Oregon lawmaker language that would allow local governments in his region of the state to ban medical and recreational marijuana shops without voter approval.

Rep. Ann Lininger, D-Lake Oswego and co-chair of the House-Senate marijuana committee, said Friday that the compromise "is not my top choice," but she said it was necessary to prevent the entire legislative package from falling apart.

The new legislative language proposed for House Bill 3400 would allow local governments to ban pot sales in counties where at least 55 percent of voters opposed the Measure 91 marijuana legalization measure in 2014.

As it happens, 15 counties had that level of opposition -- and all of them are east of the Cascades. Senate Minority Leader Ted Ferrioli, R-John Day, who earlier this week demanded that local governments get an easier path to banning marijuana sales, represents all or part of eight of those counties.

Ferrioli was traveling Friday and could not be reached for comment. But his spokeswoman, Caitie Butler, said the Republican leader had indeed signed on to the deal.

"Barring a catastrophe, I think they'll be moving forward with it," she said.

Sen. Ginny Burdick, D-Portland, the other co-chair of the marijuana committee, said it makes sense to let elected officials prevent legal sales in areas where there is clearly strong opposition to the drug.

"It allows cities and counties to ban them but not lock it in stone," said Burdick, arguing that elected officials could more easily change course down the road than if their voters supported a ban. She compared it to the post-Prohibition era when many localities around the country continued to ban the sale of alcohol. Gradually, the number of dry counties dwindled as the culture changed.

Burdick noted that cities and counties in other areas in the state could also ban marijuana sales under the legislative agreement -- if they get approval from their voters. Voters in those 15 eastern Oregon counties could also overturn a pot ban by collecting the signatures needed to take the issue to the ballot.

Local pot bans?

A new deal pending in the Legislature would let city and county governments in most of eastern Oregon ban pot sales.

Counties where officials can enact bans:

Baker, Crook, Gilliam, Grant, Harney, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, Wheeler

Counties where voters rejected Measure 91 but not by enough to enact a ban without another vote:

Douglas, Josephine*, Linn, Marion, Polk, Wasco, Yamhill

* Measure 91 failed by just 2 votes

With an apparent deal in hand, Burdick said she now hopes to move the marijuana measure out of committee early next week. The panel also wants to move ahead quickly on a bill that would levy a sales tax on recreational marijuana sales instead of the per-ounce harvest tax included in Measure 91.

At this point, House Bill 2041 calls for a 17 percent state sales tax and a provision allowing localities to add an additional 3 percent tax.

The issue of local control over marijuana has been a difficult one for legislators. More than 140 cities and 26 counties blocked medical marijuana sales after the Legislature allowed a one-year moratorium that expired May 1. Many local governments are continuing to ban these dispensaries or adopt stringent requirements that make them impractical.

Measure 91 says that only voters can ban the sale of marijuana in a city or county. But city and county lobbyists argue that language won't stand up in court, in large part because the measure tries to force local governments to accept a business that is illegal under federal law. Retail sales for recreational marijuana may not start until late next year, although possession will become legal July 1.

"That (federal illegality) puts a different layer on things," said Burdick, adding that it helped drive her to accept disparate rules in different parts of the state.

Burdick also said that Anthony Johnson, the chief sponsor of Measure 91, was involved in negotiations over the latest compromise and played a role in setting the 55 percent threshold.

Seven counties voted against Measure 91 with less than 55 percent voting no. Douglas County was less than one-half of 1 percent below the threshold.

--Jeff Mapes

503-221-8209

@Jeffmapes