Oregon’s 2026 legislative session began last week on February 2. The biennial “short session” will last but 35 days, and focus on budget shortfalls, transportation and housing—which is to say that cannabis is not a priority. That said, of the 300 or so introduced bills, there are four cannabis-related submissions. That’s where I come in.
Each bill is linked below, with explanation and editorial.
House Bill 4139
This is the annual omnibus cannabis bill. My source tells me it collapsed a few weeks ago when marijuana and hemp folks couldn’t agree on core items around intoxicating hemp products, or on how to implement the new federal hemp laws and rules. That’s unfortunate, because time is of the essence in any short session.
At this point, HB 4139 has been kicked to an interim working group driven by the Governor’s office and the Cannabis Industry Association of Oregon (CIAO). They met yesterday at 1 p.m., apparently.
Here’s what the bill would do in its introduced form, with a few comments by me:
- Defines “container” and “industrial hemp-derived cannabinoid product.” This seems like a moving target with some federal definitions also due soon.
- Changes the definition of “adult use cannabis item.” (But just in relation to the above.)
- Imposes a 17% retail sales tax on industrial hemp-derived cannabinoid products. This is the same percentage levied on sales of marijuana items in the Oregon Liquor and Cannabis Commission (OLCC) system. The bill has no provision for the local jurisdiction 3% add-on, which typically pertains to OLCC sales.
- Directs OLCC to immediately suspend a marijuana producer license for specified reasons. The language includes a “probable cause” standard, which seems potentially problematic from a due process standpoint. This section also provides that an OLCC producer license suspended under this subsection “is nontransferable until the final disposition of the commission’s action related to the suspension,” and it prohibits OLCC from issuing a new license at the premises for 10 years.
- Directs OLCC to inspect a premises licensed by the commission without advance notice for specified reasons, and to request that law enforcement accompany OLCC to the premises. This one is also tied to a probable cause standard. Feels less dicey if we’re just talking inspection. (“Inspect” is defined, endearingly, as “to examine or review officially.”)
- Requires the Oregon Department of Agriculture (ODA) to complete a criminal records check on an applicant for an industrial hemp handler license. Fine. Like with OLCC licensees.
- Requires an applicant for an industrial hemp grower license to provide a land use compatibility statement and information related to land ownership to the department. Fine. Like with OLCC licensees.
- Directs ODA to inspect a licensed premises without advance notice for specified reasons, and to request that law enforcement accompany the department to the premises. See comment above re: OLCC licensee inspections.
House Bill 4142
This is a medical marijuana bill, focused on patients and caregivers. I’m told it has traction and a work session meeting tomorrow. Here are the salient provisions:
- Expands the definition of “debilitating medical condition” for the medical use of marijuana, to include “the need for hospice, palliative care, comfort care or other symptom management, including pain management.” This feels like non-controversial, clean-up work.
- Requires an organization or residential facility that is designated as an additional caregiver for a medical marijuana cardholder to create and maintain a written policy and provide educational training for certain staff regarding the medical use of marijuana. Fine.
- Exempts hospitals and hospital-affiliated clinics from the requirements. This is due to federal law and insurance issues, I’m pretty sure.
- Protects an organization or residential facility and its employees and contractors from certain criminal liability related to the medical use of marijuana. Long overdue.
- Prohibits the Oregon State Board of Nursing from taking disciplinary action against a nurse for discussing the medical use of marijuana with a patient. Long overdue.
House Bill 4162
This doofus bill was brought by the United Food and Commercial Workers Local 555, who are trying to get their own initiative repealed. My guess is UFCW is doing this because the U.S. District Court ruled that the initiated law is unconstitutional, as predicted, and they don’t want “more bad law” when the Ninth Circuit upholds that ruling.
I’ve written lots about the waste of taxpayer money the Ballot Measure 119 saga represents. See here, here, here, here, here, here, here, here and here. In short, BM 119 required most Oregon cannabis businesses to enter into labor peace agreements with “approved unions”, in order to renew or obtain licensure. On May 20th, the Oregon District Court struck it down. The case is up on appeal, but HB 4162 could quietly moot that, if passed.
In all, HB 4162 is tantamount to the Union saying “hey legislature, please repeal this law that you warned us would be legally deficient, but which we convinced voters to approve directly regardless. We will stop wasting taxpayer money if you help us overrule ourselves. (At least for now.)”
Senate Bill 1548
This is a public health and prevention bill brought by the Chair of the Senate Behavioral Health Committee. I’m told the hearing on Monday was contentious as between that side of the aisle, and industry. Here are the key provisions:
- Requires cannabinoid edibles to be individually packaged, and allows up to 10 milligrams of adult use cannabinoid per individual cannabinoid edible. The industry argument here is that cannabis packaging requirements generate tremendous waste, and are an affront to sustainability. It’s a good argument.
- Requires cannabinoid edibles and other cannabinoid products to be packaged in a manner that is tailored “judiciously” to the specific purpose of protecting minors from the negative health effects of “unlawfully using” cannabinoids edibles and other cannabinoid products. See comment above.
- Allows local governments to establish buffer zones of more than 1,000 feet around adult use cannabis and medical marijuana operations in the interest of public health and safety. The legislature has worked on the buffer zone plenty over the years, on grandfathering concepts and everything else. There is no compelling health or safety reason I can think of for local jurisdictions to buff out the siting radius; this should be left alone.
Wrapping up, for now
I’ll check back at the end of the session and report on what has passed, if anything. Aside from the farcical HB 4162, anything that gets through will likely look markedly different in final form than the enrolled drafts we see today. Stay tuned.
