Correction appended

Washington County commissioners are backing away from efforts to regulate and tax marijuana before the end of this year's ordinance season, leaving the market open for medical and potentially recreational pot sellers come next year.

Although it has not yet come to a vote, three of the five commissioners said Tuesday they would not support a proposal to limit the location and operating hours of medical marijuana dispensaries. And although some cities in Washington County are now considering a preemptive local tax on recreational marijuana before it comes to a vote this November, commissioners are not entertaining a countywide one.

At a Washington County Board of Commissioners meeting Tuesday, Chairman Andy Duyck announced he would not support any measure to regulate marijuana. Because the drug is still illegal under federal law, he said a vote in favor would violate his oath of office.

"It's not often you're dealing with something that clearly violates federal law," Duyck said.

Vice Chairman Bob Terry also voted to drop the medical marijuana proposal from further consideration, saying the issue is too murky and complex to tackle in such a short time. Commissioners Greg Malinowski and Dick Schouten and Roy Rogers voted to keep the proposal alive for another public hearing and possible vote, although Rogers said it's unlikely he will ultimately support it.

Washington County currently has a one-year moratorium on medical marijuana dispensaries — the maximum allowed under state law — set to expire in May.

The Forest Grove city council is planning to consider a local marijuana tax at a meeting this coming Monday, modeled after an existing tax in Happy Valley. Hillsboro and Scappoose are considering similar proposals.

Ballot Measure 91 gives the state the "exclusive right to tax marijuana. No county or city of this state can impose any fee or tax…marijuana items." Some local officials argue the state couldn't repeal existing local taxes under that language.

Duyck said the commissioners likely would still have some legal leverage to rezone dispensaries under Ballot Measure 91, and might revisit the issue next year if it passes.

-- Ian K. Kullgren

An earlier version of this story incorrectly described the votes cast by Washington County Commissioners on a proposal to regulate medical marijuana dispensaries. Chairman Andy Duyck and Vice Chairman Bob Terry voted no; Commissioners Greg Malinowski, Roy Rogers and Dick Schouten voted yes.