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Ls- ce. l-1•1 v N . °� Z Z2 Y y `" Z � Z a.0 - Q oma m Npopa'� 12'i d -/ q ,tN 0o - v Z0 Zcn I Q 4(0 _ � � j \ 6 2 Z cc. r 2 a- o- L o , z o �n O Z �,,1-11 N Y 7 V �9 Zre0 r Zm • • oZ de 00 „ 6 11 0- ' cc,o U 43) rs) . 0 /:0 cy C0 'a3 '1:3oin C. tyl ii) )- .O Ex Parte Items - Commissioner Donna Fiala COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 13, 2018 ADVERTISED PUBLIC HEARINGS 11.E. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to affirm a zoning verification letter regarding a proposed Medical Marijuana Treatment Center and direct staff to issue a letter of no objection to the proposed location. (Mike Bosi, Planning and Zoning Division Director) X NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings ❑Correspondence De-mails ❑Calls CONSENT AGENDA 16.A.4. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Maple Ridge Phase 6A PPL, (Application Number PL20170002650) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Fl NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings ❑Correspondence De-mails ❑Calls Ex Parte Items - Commissioner Donna Fiala COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 13, 2018 SUMMARY AGENDA 17.A. This item requires that ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Commercial Planned Unit Development (CPUD) zoning district to allow for development of up to 40,000 square feet of commercial development for a project to be known as 15501 Old US 41 CPUD; and providing an effective date. The subject property is located on the west side of Old US 41, approximately one mile north of the US 41 and Old US 41 intersection, in Section 10,Township 48 South, Range 25 East, Collier County, Florida. [P120170001083] NO DISCLOSURE FOR THIS ITEM SEE FILE ['Meetings ❑Correspondence De-mails ❑Calls Staff Report 17.B. This item requires that ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 96-79,the Eagle Creek Planned Unit Development by expanding the golf course by removing one acre from residential tracts and adding the one acre to golf course Tract H-1; by superseding and repealing prior Ordinance Nos. 81-4, 81-114, 82-53 and 85-8; by amending the Master Plan; and providing an effective date. The subject property, consisting of 298+/- acres, is located southwest of the intersection of US 41 and Collier Boulevard in Sections 3 and 4,Township 51 South, Range 26 East, Collier County, Florida. [P120170001320] n NO DISCLOSURE FOR THIS ITEM X] SEE FILE ['Meetings ❑Correspondence De-mails ['Calls Staff Report Ex Parte Items - Commissioner Donna Fiala COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 13, 2018 SUMMARY AGENDA (continued) 17.C. This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Recommendation to approve a Resolution renaming a portion of Esplanade Boulevard to Montelanico Loop. The subject street is approximately one third of a mile in length, located within the Esplanade Golf and Country Club of Naples, approximately one and a quarter mile north of Immokalee Road, in Section 15,Township 48 South, Range 26 East, Collier County, Florida. [SNR-PL20170002424] ® NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings ❑Correspondence ❑e-mails ❑Calls Rearvie 9Lignty 174 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JANUARY 18,2018 SUBJECT: PUDZ-PL20170001083; 15501 OLD US 41 PROPERTY OWNERS/APPLICANT/AGENT: Owners/Applicants: Agent: Ultimate Developments,LLC do Frank Norberto Jr. & Alexis V. Crespo,AICP Frank Norberto III Waldrop Engineering,P.A. 7326 Acorn Way 28100 Bonita Grande Dr.#305 Naples, FL 34119 Bonita Springs,FL 34135 DGC&B,LLC c/o Craig Hazelett 15805 Old 41 Road Naples,FL 34110 REQUESTED ACTION: The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an application to rezone property from a Rural Agricultural (A) zoning district to a Commercial Planned Unit Development (CPUD) zoning district. The subject property is comprised of two vacant parcels,one owned by DGC&B, LLC and one owned by Ultimate Developments,LLC. GEOGRAPHIC LOCATION: The subject property is comprised of two parcels located on the west side of Old US 41, approximately one mile north of the US 41 and Old US 41 intersection, in Section 10, Township 48 South, Range 25 East, Collier County, Florida, consisting of 4.85+/- acres (see location map on page 2). PURPOSE/DESCRIPTION OF PROJECT: This petition seeks to rezone the property to CPUD to allow for the development of up to 40,000 square feet(SF)of commercial development including 7,500 SF of catalog/mail order house uses, and all permitted uses in the Commercial Intermediate(C-3)District. PUDZ-PL20170001083; 15501 OLD US 41 Page 1 of 14 Revised: December 27,2017 I 0 ti l XI 1:1 z 0 ao r It / N v W PUO o 5, LEE COUNTY LINE u o R / O i b PROJECT SITE C i LOCATION .../ LOCATION ' to ` m D. I , I N - �e �v ' / P"° ../ : : r z j WIGGINS , _ PASS iD._ ,� Location Map Zoning Map N O Petition Number: PL-2017-1083 SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses, zoning classifications, and maximum approved densities for properties surrounding boundaries of the 15501 Old US 41 CPUD: North: Developed residential, with a current zoning designation of Arbor Lake Club PUD(11.0 Dwelling units per acre [DU/AC]) East: Old US 41, a 2-lane arterial roadway, then a warehouse, light industrial development,with a current zoning designation of Industrial (I) District South: Undeveloped land, with a current zoning designation of Sterling Oaks PUD (3.0 DU/AC)and Tract"M" approved for industrial uses West: Preserve area within Sterling Oaks PUD, with a current zoning designation of Sterling Oaks PUD t AKt v,uii ''-*51. < +'. bt--3 '; Arbor Vie-44 `- 3 , rif .811 II ii _. g ' 1 40 Z .. a si. ,t .., T� ,,-1:‘,=::,..- ,. -, a r R.1.C9 �'xi `t F � n t;,,, 4 :1* - 4 . >- "• t Aerial(County GIS) PUDZ-PL20170001083; 15501 OLD US 41 Page 3 of 14 Revised: December 27,2017 GROWTH MANAGEMENT PLAN(GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban, Urban Mixed Use District,Urban Residential Subdistrict,as depicted on the Future Land Use Map(PLUM)and in the FLUE of the Collier County OMP. Relevant to this petition,the Urban designation is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments(PUD).Certain industrial and commercial uses are also allowed subject to criteria. The FLUE provision the petitioner is relying upon to achieve consistency is the Office and In-fill Commercial Subdistrict. (see Attachment B—FLUE Consistency Review) Transportation Element: In evaluating this project,staff reviewed the applicant's Traffic Impact Statement(TIS) for consistency with Policy 5.1 of the Transportation Element of the GMP using the 2016 and 2017 Annual Update and Inventory Reports(AUIR). Policy 5.1 of the Transportation Element of the GMP states, "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions,and proposed amendments to the Future Land Use Element(FLUE)affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system,and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links(roadway segments)directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume;and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3%of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways." The proposed PUDZ on the subject property was reviewed based on the then applicable 2016 AUIR Inventory Report. The TIS submitted with the application indicates that the proposed,new commercial development will generate approximately 216 PM peak hour unadjusted two-way trips. Staff also evaluated the traffic impacts for the proposed project based on the recently adopted 2017 AUIR,which are also included in the table below. PUDZ-PL20170001083: 15501 OLD US 41 Page 4 of 14 Revised: December 27.2017 Roadway Link 2016 AUIR Current Peak 2016 2017 2017 Existing Hour Peak Remaining AUIR Remaining LOS Direction Capacity LOS Capacity Service Volume/Peak Direction Old US 41 Lee County E 1,000/North 29 F -87 Line to US 41 to(Tamiami Trail) US 41 Old US 41 to C 3,100/North 977 C 905 (Tamiami Lee County Trail) Line US 41 Old US 41 to D 3,100/North 485 D 173 (Tamiami hnmokalee Trail) Road Staff notes that the Old US 41 road way is over-capacity based on the 2017 AUIR. Roadway improvements are currently scheduled,but they are outside of the current 5-year plan. This project is more importantly located within the Northwest Transportation Concurrency Management Area (TCMA) boundary and is therefore subject to Policy 5.6 of the GMP. This policy requires any new development exceeding LOS levels within a TCMA designated area must provide documentation that at least two Transportation Demand Management (TDM) strategies are provided/used. The specific TDM's for this development shall be provided at time of Site Development Plan SDP or SDPA review. Based on the 2016 AUIR,the 2017 AUIR,and applicable TCMA provisions,the adjacent roadway network has sufficient capacity to accommodate the proposed new trips for the project, based on the OMP Policy noted above, within the 5-year planning period. Therefore, the subject rezoning can be found consistent with Policy 5.1 of the Transportation Element of the GMP. Conservation and Coastal Management Element(CCME): Environmental review staff found this project to be consistent with the Conservation & Coastal Management Element(CCME). A minimum of 0.117 acres of the existing native vegetation is required for preservation and shall be dedicated to Collier County. The Project's current Master Plan proposes a 1.17 acre preserve area. GMP Conclusion: The GMP is the prevailing document to support land use decisions, such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of PUDZ-PL20170001083, 15501 OLD US 41 Page 5 of 14 Revised: December 27, 2017 consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.13.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Section 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. The CCPC uses the aforementioned criteria as the basis for their recommendation to the Board,who in turn use the criteria to support their action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below,under the heading"Zoning Services Analysis."In addition, staff offers the following analyses: Environmental Review: Environmental Planning staff has reviewed the petition and the PUD document to address environmental concerns. The PUD Master Plan provides 1.17 acres of Preserve,which exceeds the minimum requirement of 15%(0.117 acres) in accordance with LDC section 3.05.07.B. There were no listed species observed on the site. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project. Utilities Review: Public Utilities staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project. Emergency Management Review: Emergency Management staff has reviewed the petition for compliance with the GMP and the LDC,and recommends approval of this project. Landscape Review: The Master Plan shows a preserve approximately 100 feet in width along the West boundary line of the PUD.Abutting the preserve to the east is an existing FPL easement and Collier County Drainage Canal. No plantings are permitted within Collier County Drainage Easements. Existing landscaping in the preserve can satisfy the landscape buffer requirement. If the preserve does not meet the buffer requirement after removal of exotics then supplemental planting is required as necessary to bring the buffer up to code. A 15-foot wide Type D Buffer is proposed along Old US 41 on the East side of the PUD. The Master Plan proposes a Type B Buffer along the North PUD boundary and a 10-foot wide Type A buffer along the South PUD boundary. Historic Preservation Review: Historic Preservation staff has reviewed the petition for compliance with the GMP and the LDC,and recommends approval of this project. Zoning Services Review: Staff has evaluated the uses proposed and their intensities and the development standards such as building heights, setbacks, and landscape buffers. Staff also evaluated the building mass,building location and orientation,the amount and type of open space and its location,and traffic generation/attraction of the proposed uses. PUDZ-PL20170001083; 15501 OLD US 41 Page 6 of 14 Revised: December 27, 2C 17 The total amount of allowable commercial square footage, being requested is 40,000 SF of commercial uses, including a 7,500 SF catalog and mail order house use (SIC Retail, Miscellaneous 5961). The CPUD will allow for a logical transition of intensity along the Old US 41 corridor frontage to the preserve lands to the west, and will be compatible with the adjacent high density residential use to the north, and approved industrial uses to the south. The project is immediately adjacent to approved industrial uses;is infill in terms of its size and the surrounding development pattern; and can provide for neighborhood commercial uses and employment within close proximity to existing neighborhoods,existing and planned public infrastructure,and transit facilities. As shown on the proposed PUD Master Plan,the catalog and mail order house use will be located on the southern portion of the CPUD,adjacent to the industrial zoned section,Tract M,of Sterling Oaks PUD. This is an intensive use and is appropriately located away from the multi-family residential uses to the north of the PUD. Within the proposed 15501 Old US 41 CPUD boundaries,the minimum setback from OLD US 41 is 25 feet with a northern boundary setback of 25 feet and a southern boundary setback of 20 feet. The actual building heights are not to exceed 45 feet, and the zoned heights are not to exceed 35 feet. The Arbor Lake Club PUD has a maximum height of three floors to the north. The Sterling Oaks PUD has a maximum height of 50 feet to the west and south. The(I) district to the east has a maximum height of 50 feet. The proposed height of the 15501 Old US 41 CPUD is compatible with the immediate neighborhoods as the surrounding properties have maximum heights below 50 feet. As previously stated, a 15-foot wide Type D Buffer is proposed along Old US 41 on the East side of the PUD. The Master Plan proposes a Type B Buffer along the north PUD boundary,a 10-foot wide Type A buffer along the south PUD boundary, and a preserve approximately 100 feet in width along the west boundary line of the PUD. PUD FINDINGS: LDC Section 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria in addition to the findings in LDC Section 10.02.08": 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land,surrounding areas,traffic and access, drainage,sewer,water,and other utilities. The type and pattern of development proposed should not have a negative impact upon any physical characteristics of the land, the surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Furthermore,this project, if developed, will be required to comply with all county regulations regarding drainage, sewer, water and other utilities pursuant to Section 6.02.00 Adequate Public Facilities of the LDC. PUDZ-PL20170001083: 15501 OLD US 41 Page 7 of 14 Revised: December 27, 2017 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application,which were reviewed by the County Attorney's Office, demonstrate unified control of the property. 3. Conformity of the proposed Planned Unit Development with the goals,objectives,and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of conformity with the relevant goals, objectives, and policies of the GMP within the GMP Consistency portion of this staff report(or within an accompanying memorandum). 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements,restrictions on design,and buffering and screening requirements. As described in the StaffAnalysis section of this staff report subsection Landscape Review, staff is of the opinion that the proposed project will be compatible with the surrounding area. The Master Plan proposes the appropriate perimeter landscape buffers. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. There is a significant committed improvement project scheduled for Old US 41 that is also noted in the consistency review. Operational impacts will be addressed at time of first development order(SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as wastewater disposal systems and potable water supplies to accommodate this project. Furthermore, adequate public facilities requirements will be addressed when development approvals are sought. PUDZ-PL20170001083; 15501 OLD US 41 Page 8 of 14 Revised: December 27,2017 8. Conformity with PUD regulations,or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. No deviations are proposed in connection with this request to rezone to CPUD. Rezone Findings: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable": 1. Whether the proposed change will be consistent with the goals,objectives,and policies of the Future Land Use Map and the elements of the Growth Management Plan. Comprehensive Planning staff determined the subject petition is consistent with the goals, objectives,and policies of the FLUM and other elements of the GMP. 2. The existing land use pattern. The existing land use pattern (of the abutting properties) is described in the Surrounding Land Use and Zoning section of this staff report. The proposed use would not change the existing land use patterns of the surrounding properties. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also comparable with expected land uses by virtue of its consistency with the FLUE of the GMP. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. As shown on the zoning map included at the beginning of this report, the existing district boundaries are logically drawn. The proposed PUD zoning boundaries follow the property ownership boundaries and coincide with the GMP subdistrict boundaries. The zoning map on page 2 of the staff report illustrates the perimeter of the outer boundary of the subject parcel. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary,per se, but it is being requested in compliance with the LDC provisions to seek such changes. It should be noted that the proposed uses are not allowed under the current zoning classification. PUDZ-PL20170001083; 15501 OLD US 41 Page 9 of 14 Revised: December 27,2017 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Staff is of the opinion that the proposed PUD Rezone is consistent with the County's land use policies that are reflected by the FLUE of the GMP. Development in compliance with the proposed PUD rezone should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development,or otherwise affect public safety. The roadway infrastructure has sufficient capacity to serve the proposed project. Additionally,the project is located within a TCMA area and shall use at least two of the Transportation Demand (TDM) strategies at time of Site Development Plan (SDP) or Plat(PPL)to address concurrency management. 8. Whether the proposed change will create a drainage problem. The proposed development will not create a drainage problem. Furthermore,the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The PUD Document provides adequate property development regulations to ensure light and air should not be seriously reduced to adjacent areas. The Master Plan further demonstrates that the locations of proposed preserve and open space areas should further ensure light and air should not be seriously reduced in adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent areas. This is a subjective determination based upon anticipated results,which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning;however, zoning by itself may or may not affect values, since value determination is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Properties to the west and south of the subject property are undeveloped, whereas the properties to the east and north are developed, as previously noted. The basic premise underlying all of the development standards in the LDC is that sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to PUDZ-PL20170001083; 15501 OLD US 41 Page 10 of 14 Revised. December 27,2017 improvement or development of adjacent property. Therefore,the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed development complies with the GMP through the proposed amendment, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The proposed uses and development standards cannot be used in accordance with the existing classification. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. Staff is of the opinion that the proposed PUD rezone is not out of scale with the needs of the neighborhood or County. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed for compliance with the GMP and the LDC, and staff does not specifically review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or platting processes, and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. PUDZ-PL20170001083; 15501 OLD US 41 Page 11 of 14 Revised: December 27,2017 The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities(APF),and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities,except as may be exempt by federal regulations. This petition has been reviewed by County staff responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no LOS will be adversely impacted with the commitments contained in the PUD Document. The concurrency review for APF is determined at the time of SDP review. The activity proposed by this rezoning will have no impact on public facility adequacy in regard to utilities. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health,safety,and welfare. To be determined by the Board during its advertised public hearing. DEVIATION DISCUSSION: The petitioner is not seeking deviations from the requirements of the LDC. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on October 25, 2017 at the Christus Victor Lutheran Church at 15600 Tamiami Trail North in Naples. The meeting commenced at approximately 6:00 p.m. and ended at 6:25 p.m. Handouts were distributed outlining the project overview,proposed uses,and development regulations, sign-in sheet are attached in back materials in the CCPC Package. Alexis Crespo and Lindsay Robin (Agents) conducted the meeting with introductions of the consultant team and Staff,and an overview of the proposed CPUD rezoning application,including the location of commercial buildings, intended C-3 and mail order house uses, maximum square footage of development, location of preserve areas, and access. They also outlined the rezoning process and opportunities to provide input at public hearings. Following the Consultant's presentation, the meeting was opened up to attendees to make comments and ask the Agents questions regarding the proposed development. Attendees asked about the types of products to be sold,truck traffic,Old 41 traffic congestion,the sustainability of the native preserve and any potential development near this location.They also discussed building height limitations. There were no further questions or comments. Ms. Crespo thanked the attendees for coming and noted that their contact information is available for those who wished to reach out with any further questions. Please see backup materials in the CCPC Package for further detail. ENVIRONMENTAL ADVISORY COUNCIL (EAC)REVIEW: This project does not require Environmental Advisory Council (EAC)review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. PUDZ-PL20170001083; 15501 OLD US 41 Page 12 of 14 Revised: December 27,2017 COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on December 27,2017. RECOMMENDATION: Staff recommends the CCPC forward this petition to the Board with a recommendation of approval. Attachments: A) Proposed Ordinance B) FLUE Consistency Review PUDZ-PL20170001083: 15501 OLD US 41 Page 13 of 14 Revised: December 27,2017 PREPARED BY: - - 2.41- p7 TIMOTHY FINN, ICP,PRINCIPAL PLANNER DATE ZONING DIVISION-ZONING SERVICES SECTION REVIEWED BY: a"--. ________ i v - 7.e' ' 17 RAYM•t t V.BELLOWS,ZONING MANAGER DATE ZONING 5 IVISION-ZONING SERVICES SECTION MIKE BOSI,AICP, DIRECTOR DATE ZONING DIVISION APPROVED BY: 41111Fa.....--$.4.41 """S::: ----.--- /' 7- /e 1 S FRENCH,DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT Tentative Board of County Commissioners Hearing Date February 27, 2018. PUDZ-PL20170001083; 15501 OLD US 41 Page 14 of 14 Revised: December 19,2017 CoLl ier Coi my STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: FEBRUARY 1,2018 SUBJECT: PUDA-PL20170001320 EAGLE CREEK PROPERTY OWNERS/APPLICANT/AGENT: Owner/Applicant: Agent: Eagle Creek Golf and Country Club, Inc. Frederick E. Hood, AICP 11 Cypress View Drive Davidson Engineering, Inc. Naples,FL 34113 4365 Radio Road, Suite 201 Naples,FL 34104 REOUESTED ACTION: The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an application to amend Ordinance Number 96-79, as amended, to the Eagle Creek Planned Unit Development(PUD). GEOGRAPHIC LOCATION: The subject property consists of 298+/-acres and is located southwest of the intersection of US 41 Collier Boulevard in Sections 3 and 4, Township 51 South, Range 26 East, Collier County(see location map,page 2). PURPOSE/DESCRIPTION OF PROJECT: This petitioner seeks to amend Eagle Creek PUD, approved via Ordinance #96-79, to change a land use designation of a portion of Tract B from Residential to Golf Course; creating a new sub- tract H-1 by converting a portion of Tract B2 and H. Golf Course uses will allow: Golf Course, Golf Course Driving Range, Short Game Practice Area, Golf Course Maintenance Areas (no vertical structures permitted), and Water Management. PUDA-PL20170001320 Page 1 of 12 January 17, 2018 x I t 4 c cT - ID O Q 00 0 t§ SITE 1.-' . _ i . , ,.„. .,,,,,,,,,,,,„., L3 3r f RaaMNna►e 1 LOCATION " 3 ►„ t I C PROJECT '. m.. LOCATION t ,., _ airte4 '- Pilo � K T F i g ,, itHt op ling 1 • IPut, Ts A i A. v Loci'ion Map Zoning Map in N Petition Number: PL20170001320 N SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding boundaries of portions of tract B2 and B3 of the Eagle Creek PUD: North: Golf course within Eagle Creek PUD, ; th a urrent zoning designation of Eagle Creek PUD South: Cypress View Drive, a private 2-lane road, then the clubhouse of the Eagle Creek Golf&Country Club,with a current zoning designation of Eagle Creek PUD East: Cypress View Drive,a private 2-lane road, then multifamily, with a current zoning designation of Eagle Creek PUD West: Golf course within Eagle Creek PUD, with a current zoning designation of Eagle Creek PUD '7,1't,,-1,--„',:.l:,,-k4.4v,.164,,l-' -g1.-*(.,,'.,,',,4,,„o/,, fi#,''A'' ..-1-..,-,, • -:,,.,,,ts.s„,,„\,,i,ft,,'.„,,',, ' . " zy ,„ / ` ° * e.,, t''''''''' -. tft-, 111.11 i .4„, sio . , .,,,,, :„ ii.,,, ,...,.i.,,,,,,,,....,44.4. ; , -4,, -* - '”" ' *'''' ' 4 --* ,... , , , ..,,,, , .„ , 401%,,,,,. ,,,,, ,,, I'l'''' - wiiiii ,,, ,,.... ,,,, .,:.H. .., „ ,,,, , k .'em - 4 few a t ,. � --,,,,,,-... :_.--,-- , .., ___ ,, :ii:i., ,. .,i, 41 �.,N' '£ #. ? . Ug 4 a Aerial( County GIS) PUHA-PL2017tIo01320 ,January i 7, 2018 GROWTH MANAGEMENT PLAN (GMP)CONSISTENCY: The GMP is the prevailing document to support land use decisions,such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. This petition is consistent with the GMP. Future Land Use Element(FLUE): Staff identified the FLUE policies relevant to this project and determined that the proposed amendment to the PUD may be deemed consistent with the FLUE of the GMP. Please, see Attachment B —FLUE Consistency Review for a more detailed analysis of how staff derived this determination. Transportation Element: Transportation Planning staff reviewed the application and found this petition consistent with Policy 5.1 of the Transportation Element of the GMP. As indicated in the submittal the proposed rezone request is to allow golf course uses instead of the currently allowed residential land uses. According to the 2017 AUIR, staff finds that the adjacent roadway links, Collier Boulevard(SR-951)between Tamiami Trail East(US 41)and Wal-Mart Drive, is a 6-lane divided roadway with a current service volume of 2,500 trips, and has a remaining capacity of approximately 791 trips. Collier Boulevard(SR-951)between Wal-Mart Drive and Manatee Road maintains a current service volume of 2,000 trips and has a remaining capacity of approximately 94 trips. Staff notes that the proposed land use change will not generate additional new trips, according to the application, and will not increase the number of residential units. Therefore,the subject rezoning can be found consistent with Policy 5.1 of the Transportation Element of the GMP. Conservation and Coastal Management Element (CCME): No revisions to the environmental portions of the PUD are being made. The petition is consistent with the applicable provisions of the Conservation and Coastal Management Element (CCME)of the GMP. STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Section 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." Drainage: The proposed PUD Amendment request is not anticipated to create drainage problems in the area. Stormwater best management practices, treatment, and storage will be addressed PUDA-PL20170001320 Page 4 of 12 January 17,2018 through the environmental resource permitting process with the South Florida Water Management District.County staff will also evaluate the project's stormwater management system,calculations, and design criteria at the time of site development plan (SDP) and/or platting(PPL). Environmental Review: Environmental Planning staff reviewed the petition for compliance with the GMP and the LDC. No revisions to the environmental portions of the PUD are being made. Landscape Review: The proposed changes to the PUD do not affect the landscaping standards identified in the original PUD. School District: The Collier County School District does not have any issue with the proposed amendment as it will not impact the District's level of service. Transportation Review: Transportation Planning staff reviewed the petition for compliance with the GMP and the LDC and recommends approval of this PUD Amendment. Utilities Review: Public Utilities staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project. Zoning Services Review: This amendment to the Eagle Creek PUD proposes to expand the existing golf course by removing one acre from residential tracts and adding the one acre to golf course tract H-l. Approximately,one-half acre will be removed from Tract B-2 and one-half acre will be removed from Tract H to create 1.14 acres for Tract H-1. In essence, the amendment would be converting approximately one acre of residential zoned land into one acre of open space or golf course, and would decrease the residential area and increase open space. Lastly, the subject property would now be identified as Tract H-1 on the revised Master Plan. Furthermore, this amendment proposes new permitted uses for Tract H-1 such as golf course, golf course driving range, short game practice area, golf course maintenance areas (no vertical structures permitted), and water management. Staff believes these proposed uses would be considered compatible uses in the new Tract H-1. As such, staff has determined the proposed uses would be appropriate and compatible with the PUD. PUD FINDINGS: LDC Section 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria in addition to the findings in LDC Section 10.02.08": 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land,surrounding areas, traffic and access, drainage,sewer,water,and other utilities. Staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area. The commitments made by the applicant and staff's recommended stipulations should provide adequate assurances that the proposed change should not adversely affect living conditions PUDA-PL20170001320 Page 5 of 12 January 17, 2018 in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application,which were reviewed by the County Attorney's Office, demonstrate unified control of the property. 3. Conformity of the proposed Planned Unit Development with the goals,objectives,and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of conformity with the relevant goals, objectives, and policies of the GMP within the GMP Consistency portion of this staff report on page 4. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements,restrictions on design,and buffering and screening requirements. As described in the Staff Analysis section of this staff report, the proposed changes to the PUD do not affect the landscaping standards of the original PUD. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The usable open space areas are increasing; therefore, no deviation from required usable open space is being requested, and compliance would be demonstrated at the time of SDP or PPL. 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the the consistency review. Operational impacts will be addressed at time of first development order (SDP or Plat), at which time, a new Transportation Impact Statement (TIS) will be required to demonstrate turning movements for all site access points. Finally,the project's development must comply with all other applicable concurrency management regulations when development approvals are sought, including but not limited to any plats and or site development plans. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure, including Collier County Water-Sewer District potable water and wastewater mains, to accommodate this project based upon the PUDA-PL20170001320 Page 6 of 12 January 17.2018 ua commitments made by the petitioner, and the fact that adequate public facilities requirements will continuously be addressed when development approvals are sought. 8. Conformity with PUD regulations,or as to desirable modifications of such regulations in the particular case,based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. All future development proposed on sub-tract H-1 would have to comply the LDC and other applicable codes. The petitioner is not requesting any deviations to the LDC. Rezone Findings: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable": 1. Whether the proposed change will be consistent with the goals,objectives,and policies of the Future Land Use Map and the elements of the GMP. Comprehensive Planning staff determined the subject petition is consistent with the goals, objectives,and policies of the(FLUM)and other elements of the GMP. 2. The existing land use pattern. The existing land use pattern (of the abutting properties) is described in the Surrounding Land Use and Zoning section of this staff report. The proposed use would not change the existing land use patterns of the surrounding properties. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The property is currently zoned PUD and would remain as such. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. This petition does not propose any change to the boundaries of the PUD. The Master Plan would be updated by relabeling the subject property. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary; however, it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to include the proposed uses and development standards that are specific to the subject parcel. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. PUDA-PL20170001320 Page 7 of 12 January 17,2018 The proposed PUD Amendment is not anticipated to adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development,or otherwise affect public safety. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or Plat), at which time, a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. 8. Whether the proposed change will create a drainage problem. The proposed PUDA request is not anticipated to create drainage problems in the area, provided stormwater best management practices,treatment.and storage on this project will be addressed through Environmental Resource Permitting (ERP) with the South Florida Water Management District(SFWMD).County staff will evaluate the project's stormwater management system, calculations, and design criteria at time of SDP and/or PPL. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. It is not anticipated the changes proposed to this PUD Amendment would seriously reduce light or air to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent areas. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The subject property is currently vacant, and staff does not anticipate this amendment serving as a deterrent to its improvement. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. PUDA-PL20170001320 Page 8 of 12 January 17,2018 If the proposed development complies with the GMP through the proposed amendment, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be used in accordance with existing zoning; however, the proposed uses cannot be achieved without amending the PUD. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. It is staff's opinion that the proposed uses, associated development standards, and developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed for compliance with the GMP and the LDC, and staff does not specifically review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or platting processes, and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities(APF),and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities,except as may be exempt by federal regulations. This petition has been reviewed by County staff responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD Document. The concurrency review for APF PUDA-PL20170001320 Page 9 of 12 January 17, 2018 is determined at the time of SDP review. The activity proposed by this amendment will have no impact on public facility adequacy in regard to utilities. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health,safety,and welfare. NEIGHBORHOOD INFORMATION MEETING(NIM): A Neighborhood Information Meeting was held on Thursday, October 19th, 2017. The meeting began at 5:30 p.m.,at the clubhouse of the Eagle Creek Golf&Country Club community, located at 11 Cypress View Drive Naples, FL 34113. The following individuals, associated with the review and presentation of the project,were present. • Frederick Hood, Davidson Engineering •Jessica Harrelson, Davidson Engineering • Eric Johnson, Collier County •Tim Finn,Collier County Frederick Hood started the meeting by making a presentation,reading the following: Frederick Hood: Good evening. My name is Frederick Hood with Davidson Engineering, and I am the land development consultant representing the applicant, the Eagle Creek Golf and Country Club. Here with me tonight is Jessica Harrelson, the Project Coordinator with Davidson Engineering, and Jimmy Alston, the Golf Course Superintendent for Eagle Creek. Also in attendance is Eric Johnson, the Principal Planner with Collier County, whom is reviewing the project. The applicant is seeking a Planned Unit Development Amendment(also referred to as a PUDA), to the existing Eagle Creek PUD. The purpose of this meeting is to inform you, the surrounding residents of the proposed project, the intent of the PUDA. As required by the Collier County Land Development Code, this meeting is being recorded. I will give a brief description of the project and answer any questions you may have at the end of my presentation. The PUDA application is seeking to change the land use designation of a 1.14-acre parcel from residential to golf course. Currently, this parcel is situated between an existing golf course tract to the west(shown here on the aerial) with existing condominiums to the east. After approval of the PUDA, the subject parcel will be re-designated and known as Tract H-1, allowing for the following permitted land uses: Golf Course, Golf Course Driving Range, Short Game Practice Area Golf Course Maintenance Areas. and Water Management Things to note are: There are no vertical structures proposed within this newly designated golf course tract. There is no anticipated increase in traffic to the community. This new golf course tract will be for the enjoyment and benefit of the existing golf course members only. And to end the presentation, I will give a brief description on the PUDA process. Our application is currently in for the 3rd, and what we believe to be the final review by County Staff Once we receive approval from all County reviewers, we will be scheduled for public hearings. There are two hearings that will be held, the first with the Planning Commission and the second with the Board of County Commissioners. Because you are all within the required notification area, you will receive letters informing you of the dates of these hearings. Additionally,public hearing signs will be posted along Collier Blvd, so you will soon see PUDA-PL20170001320 Page 10 of 12 January 17, 2018 those posted as well. That ends my presentation and if there are any questions, I will be happy to answer them. The following questions were asked: Unidentified Male Voice: What is the timeframe? Frederick Hood: The review should be completed by the year's end with a possible CCPC hearing date before the end of the year and BCC early next year. Unidentified Male Voice:Are the plans put together yet? Frederick Hood: The site is currently only under a zoning change and the Site Development Plans had not yet been prepared, and briefly explained the SDP process. Unidentified Male Voice:Are you only rezoning at this time? Frederick Hood: Yes...from residential to golf course. Unidentified Male Voice: Who is involved with the design process? Frederick Hood: The golf course will coordinate with the engineer. The meeting was adjourned at approximately 5:38p.m. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on January 16, 2018. RECOMMENDATION: Staff recommends the CCPC forward this petition to the Board with a recommendation of approval. Attachments: A) Proposed Ordinance B) FLUE Consistency Review PUDA-PL20170001320 Page 11 of 12 January 17,2018 PREPARED BY: -- 1‘ - 1 TIMOTHY FINN,AICP, PRINCIPAL PLANNER DATE ZONING DIVISION -ZONING SERVICES SECTION REVIEWED BY: [/fid RA �� D V. BELLOWS,ZONING MANAGER I DATE ZON G DIVISION-ZONING SERVICES SECTION /- // -I) MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION-ZONING SERVICES SECTION APPROVED BY: t ES FRENCH, DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT PUDA-PL20170001320 Page 13 of 13 December 6. 2017 1411 .P141 CD zz CD el) b II Cfi sr 0 CD .. _ ..., ... 41 ----------' CO '' 5 rVwwJ co V J N 5 1 rte, N mi. �' 0-11 O b *CJ erisCf ile o b O c rt b CD 0-1 ,- emit . . • • ® • up) - o o c 5o )_,. N a) O ¢, 81 (7 �-' r•:;• L CA C/) a p O 4 On O O U) crDn C � �' ,-- ¢: 0 O . Cn & o ; ,< �_,n (;c) .Cn r Cr 0 C r • Cn CD • --' ,-I- ~�'. q �- C! a �C --,. 0 Oma . 0 Crq 1: 111 Cn Senior Statistics • Seniors 65+make up 30.9% of the population in Collier County, an increase from 29% in 2016, and higher than FL at 18.9 and U.S. at 15.2. • Highest percent of seniors is age 65-74. • 35% of seniors in Collier County pay more than 30% of their income for housing. Of those, 18% spend more than 50%. • Average monthly social security benefit for women: ➢ $1,235 in Collier County ➢ $1,161 in Florida ➢ $1,155 in the United States • Retirement income is limited to social security for many and can be significantly reduced by when a husband dies. • In Collier County senior women are emerging as a small but critical subset of homelessness. • During a ten month period in 2016, 21 senior women contacted Naples Senior Center at JFCS because they were homeless or about to be evicted. • In Collier County the waiting list for affordable senior housing is often three to five years. • More seniors will be women because they are likely to live longer than their generation of men, and have fewer resources on which to draw. • Generally, women have worked less and earned less than men, and therefore have lower or no pensions and lower Social Security retirement benefits. Since women tend to live longer than men, they are more likely to be single and depend on one income in their old age. • In Florida in 2015, there were 18 percent more women 65 or older than men of the same age, but 38 percent more in poverty. A • 46 qb EIP go ar di 46 aAlb to ,a > 0 c..) ' Ak,..., -4..'_ - ,z, ',-, ,i_-,....:,,. .4 -_,,,,,,,,,,,;„:;-:, ,::::. ..„ 4bm gi ill i s k ,,,,_ , .„ _ **�* ., 3� * * . ,.. It,' 1 r + r ,. 40 3n 11101 Air m' of/cf. ,- 'm 1 I ii a n Y .rte 7 ' ;;t ,. . .. .... et. _ , .. , .,, ..,. ,....,. , a „,., ..... ,.. .. , © ,f , . ..., ;:, ,,, , ,,_. _;=t .. -. ,:._, .� - 4 . . . .... _ z 4 c,......) v -.L.._ _ III ri = et. = elp HT1 O N el'4 =II > O "..3 ' (It = z = d0 O �D N f". Q eD eD eiD rri r... a 20 r Win = 0. N 1-k :Li :4 lift" = 111 0 = co) ...3 ' ' .1:.- = /41..4 i g 0: ft, = et ...,L,, ,,, t„ . i en C4 nos• eD ~,,.., . �j c.,..* -..) 6% 0 P 1175 < - �' (Nisi ,....., 2 0 et eD ei Ex parte Items - Commissioner Andy Solis COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 13, 2018 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ADVERTISED PUBLIC HEARINGS 11.E. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to affirm a zoning verification letter regarding a proposed Medical Marijuana Treatment Center and direct staff to issue a letter of no objection to the proposed location. (Mike Bosi, Planning and Zoning Division Director) NO DISCLOSURE FOR THIS ITEM SEE FILE ®Meetings ®Correspondence ®e-mails ®Calls Meetings: 7/7/17 —Alan Weiss, Veora Little 10/13/17 — Rich Yovanovich, David Genson, Francesca Passidomo 12/1/17 — Bill Barton, Veora Little, Lt. John Poling Phone Call: 2/12/17 — Brent Batten, Naples Daily News Correspondence and emails: See attached Ex parte Items - Commissioner Andy Solis COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 13, 2018 CONSENT AGENDA 16.A.4. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Maple Ridge Phase 6A PPL, (Application Number PL20170002650) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. ® NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings ( (Correspondence ❑e-mails ❑Calls Ex parte Items - Commissioner Andy Solis COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 13, 2018 SUMMARY AGENDA 17.A. This item requires that ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Commercial Planned Unit Development (CPUD) zoning district to allow for development of up to 40,000 square feet of commercial development for a project to be known as 15501 Old US 41 CPUD; and providing an effective date. The subject property is located on the west side of Old US 41, approximately one mile north of the US 41 and Old US 41 intersection, in Section 10,Township 48 South, Range 25 East, Collier County, Florida. [PL20170001083] ❑ NO DISCLOSURE FOR THIS ITEM SEE FILE (Meetings ❑Correspondence ❑e-mails 7Calls Ex parte Items - Commissioner Andy Solis COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 13, 2018 17.B. This item requires that ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 96- 79,the Eagle Creek Planned Unit Development by expanding the golf course by removing one acre from residential tracts and adding the one acre to golf course Tract H-1; by superseding and repealing prior Ordinance Nos. 81-4, 81-114, 82-53 and 85-8; by amending the Master Plan; and providing an effective date. The subject property, consisting of 298+/- acres, is located southwest of the intersection of US 41 and Collier Boulevard in Sections 3 and 4,Township 51 South, Range 26 East, Collier County, Florida. [PL20170001320] V NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings ❑Correspondence ❑e-mails Calls Ex parte Items - Commissioner Andy Solis COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 13, 2018 17.C. This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Recommendation to approve a Resolution renaming a portion of Esplanade Boulevard to Montelanico Loop. The subject street is approximately one third of a mile in length, located within the Esplanade Golf and Country Club of Naples, approximately one and a quarter mile north of Immokalee Road, in Section 15,Township 48 South, Range 26 East, Collier County, Florida. [SNR-PL20170002424] ® NO DISCLOSURE FOR THIS ITEM SEE FILE IMeetings Correspondence ❑e-mails ❑Calls GoodnerAngela From: John Agnelli <johna@powercorp.net> Sent: Friday,January 27, 2017 11:25 AM To: SolisAndrew Subject: Cannabis Attachments: 01-10-17-1-a (2).pdf Commissioner Solis, Hoping to visit with you before the February 13 BCC meeting but regardless, sending the enclosed along as an FYI. Regards, John John J. Agnelli Senior Vice President Licensed Real Estate Broker Power Corporation 3050 N. Horseshoe brive Suite 105 Naples, Fl 34104 P: 239-775-2230 F: 239-775-1398 C: 239-285-0345 1 '165t. FLORIDA DEPARTMENT 0 STATE � 1 RICK SCOTT KEN DETZNER Governor Secretary of State January 12, 2017 Honorable Gloria R. Hayward Clerk and Auditor Board of County Commissioners Sumter County Post Office Box 247 Bushnell, Florida 33513 Attention: Ms. Caroline Alrestimawi, Deputy Clerk Dear Ms. Hayward: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Sumter County Ordinance No. 2017-01, which was filed in this office on January 12, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us NOTICE OF PUBLIC HEARINGS AMENDMENTS TO THE SUMTER COUNTY LAND DEVELOPMENT CODE Sumter County, Florida, by and through its Board of County Commissioners, proposes to enact amendments to the Sumter County Land Development Code through an ordinance entitled as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF SUMTER COUNTY. FLORIDA. AMENDING CHAPTER 13 OF THE SUMTER COUNTY CODE OF ORDINANCES; AMENDING THE SUMTER COUNTY LAND DEVELOPMENT CODE; MORE SPECIFICALLY, PROVIDING STANDARDS FOR REGULATING MEDICAL MARIJUANA DISPENSARIES BY NUMBER AND LOCATION; PROVIDING A PROCESS FOR APPLICATION AND APPOVAL OF SUCH FACILTIES; PROVIDING FOR CODIFICATION; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. Proposed amendments to the Land Development Code relate to establishing requirements and standards for Medical Marijuana dispensaries; designating those land use zones where Medical Marijuana dispensaries will be allowed as a permitted or special use and establishing a process for application and approval of such facilities. The ordinance will be heard during the regularly scheduled meetings of the Sumter County Local Planning Agency and Board of County Commissioners as follows: Local Planning Agency 510 Colony Cottage Boulevard The Villages, FL 6:00 P.M., December 19, 2016 Board of County Commissioners Board of County Commissioners Sumter County Courthouse Sumter County Courthouse Historic Courtroom Historic Courtroom 215 E. McCollum Ave 215 E.McCollum Ave Bushnell, FL Bushnell, FL 5:00 P.M., December 13,2016 5:00 P.M.,January 10, 2017 The proposed changes may be inspected by the public in the Development Services Division, The Villages Sumter County Service Center, 7375 Powell Rd, Ste. 115, between the hours of 7:30 A.M.and 5:00 P.M.weekdays. Contact Karl Holley at 352-689-4463 with questions. Interested parties are encouraged to appear at these hearings and provide comments regarding the proposed amendment. Those requiring assistance may call 352-689-4400. APPEAL: NECESSITY OF RECORD Notice is given that if any person desires to appeal any action taken by the Board at the above hearing, a verbatim record of the proceedings may be necessary. The Board assumes no responsibility for furnishing said record; however, the hearings will be audio recorded by the Board for public use. ORDINANCE 2017- 0, AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF SUMTER COUNTY, FLORIDA, AMENDING CHAPTER 13 OF THE SUMTER COUNTY CODE OF ORDINANCES; AMENDING THE SUMTER COUNTY LAND DEVELOPMENT CODE; MORE SPECIFICALLY, PROVIDING STANDARDS FOR REGULATING MEDICAL CANNIBIS DISPENSARIES BY NUMBER AND LOCATION; PROVIDING A PROCESS FOR APPLICATION AND APPOVAL OF SUCH FACILTIES; PROVIDING FOR CODIFICATION; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the voters of the State of Florida have amended the State Constitution to provide for the use of Cannabis for medical purposes; and WHEREAS,the Florida Legislature has enacted legislation legalizing Cannabis for medical uses; and WHEREAS,a comprehensive State licensing and regulatory framework for the cultivation, processing,and Dispensing of Cannabis exists; and WHEREAS the comprehensive State licensing and regulatory framework directs that the criteria for the number and location of, and other permitting requirements that do not conflict with state law or department rule for, Dispensing facilities of Cannabis Dispensing Businesses may be determined by local ordinance; and WHEREAS,Cannabis Dispensing Businesses licensed pursuant to the law have begun cultivating Cannabis for processing and Dispensing; and WHEREAS,potential adverse impacts on the health, safety, and welfare of residents and business from secondary effects associated with the distribution of Cannabis exist,potentially including: offensive odors,trespassing,theft, fire hazards, increased crime in and about the Cannabis Dispensing Business, robberies,negative impacts on nearby businesses, nuisance problems; and WHEREAS,certain of the above potential adverse impacts are accentuated by the current difficulties experienced by Cannabis Dispensing Businesses in obtaining banking services necessitating such businesses to operate on a cash basis; and WHEREAS,there exists the potential for misappropriation and diversion of medical Cannabis to non-medical uses,and; WHEREAS,an overabundance of Dispensing facilities can affect the viability of such facilities, result in compliance issues and increased regulatory costs, lead to the improper diversion of products,and accentuate threats to the public health, safety,and welfare; and ORDINANCE 2017- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF SUMTER COUNTY, FLORIDA, AMENDING CHAPTER 13 OF THE SUMTER COUNTY CODE OF ORDINANCES; AMENDING THE SUMTER COUNTY LAND DEVELOPMENT CODE; MORE SPECIFICALLY, PROVIDING STANDARDS FOR REGULATING MEDICAL CANNIBIS DISPENSARIES BY NUMBER AND LOCATION; PROVIDING A PROCESS FOR APPLICATION AND APPOVAL OF SUCH FACILTIES; PROVIDING FOR CODIFICATION; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the voters of the State of Florida have amended the State Constitution to provide for the use of Cannabis for medical purposes; and WHEREAS,the Florida Legislature has enacted legislation legalizing Cannabis for medical uses; and WHEREAS, a comprehensive State licensing and regulatory framework for the cultivation, processing, and Dispensing of Cannabis exists; and WHEREAS the comprehensive State licensing and regulatory framework directs that the criteria for the number and location of, and other permitting requirements that do not conflict with state law or department rule for,Dispensing facilities of Cannabis Dispensing Businesses may be determined by local ordinance; and WHEREAS, Cannabis Dispensing Businesses licensed pursuant to the law have begun cultivating Cannabis for processing and Dispensing; and WHEREAS,potential adverse impacts on the health, safety, and welfare of residents and business from secondary effects associated with the distribution of Cannabis exist,potentially including: offensive odors, trespassing,theft, fire hazards, increased crime in and about the Cannabis Dispensing Business,robberies, negative impacts on nearby businesses,nuisance problems; and WHEREAS, certain of the above potential adverse impacts are accentuated by the current difficulties experienced by Cannabis Dispensing Businesses in obtaining banking services necessitating such businesses to operate on a cash basis; and WHEREAS, there exists the potential for misappropriation and diversion of medical Cannabis to non-medical uses, and; WHEREAS, an overabundance of Dispensing facilities can affect the viability of such facilities, result in compliance issues and increased regulatory costs, lead to the improper diversion of products, and accentuate threats to the public health, safety, and welfare; and WHEREAS, other jurisdictions have regulated the Dispensing of Cannabis by limiting the number of such Cannabis Dispensing Businesses to reduce threats to the public health, safety, and welfare; and WHEREAS,there is a need to adopt health, safety, and welfare regulations to avoid adverse impacts on the community which may arise from the distribution of Cannabis; and WHEREAS, other jurisdictions that allow Cannabis Dispensing Businesses have implemented effective regulatory and enforcement systems that address the adverse impacts that Cannabis Dispensing Businesses could pose to public safety, health, and welfare; and WHEREAS, an effective regulatory system governing the Dispensing of Cannabis, as provided in this Ordinance,will address potential adverse impacts to the public health,welfare, and safety consistent with Florida law; and WHEREAS, it is not the purpose or intent of this section to restrict or deny access to Cannabis as permitted by Florida law,but instead to enact reasonable restrictions intended to protect the public health, safety, and welfare; and WHEREAS, the Board of County Commissioners has determined it is in the public interest to adopt this Ordinance pursuant to the County's police powers and section 381.986, as well as other applicable state laws and provisions of the Florida Constitution, to protect the health, safety, and welfare of the public; NOW THEREFORE BE IT ORDAINED by the Sumter County Board of County Commissioners, as follows: SECTION 1.PURPOSE. The purpose of this Ordinance is to establish requirements that regulate Cannabis Dispensing Businesses in the interest of the public health, safety and general welfare and that ease the regulatory burden on the Sumter County. In particular, this Ordinance is intended to regulate the sale and distribution of Cannabis to ensure a supply of Cannabis to patients who qualify to obtain,possess, and use Cannabis, or any other use of Cannabis permissible under state law, while promoting compliance with other state laws that regulate Cannabis.Nothing in this Ordinance is intended to promote or condone the sale, distribution,possession, or use of Cannabis in violation of any applicable state law. Compliance with the requirements of this Ordinance shall not provide a defense to criminal prosecution under any applicable law. SECTION 2. AUTHORITY. Pursuant to Article VIII, Section I of the Florida Constitution and Sections 125.01 and 125.66 of the Florida Statutes, the Sumter County Board of County Commissioners has all powers of local self-government to perform county functions and render county services and facilities except when prohibited by law. 2 SECTION 3.AMENDMENTS TO LAND DEVELOPMENT CODE. Section 13-653. Cannabis Dispensaries (Added in entirety). (a) Definitions: (1) The following words and phrases,when used in this Section, shall have the following meanings: a. Applicant shall mean any person or entity that has submitted an application for a Certificate of Approval or renewal of a Certificate of Approval issued pursuant to this Section. If the Applicant is an entity and not a natural person, Applicant shall include all persons who are the managers, officers, directors, contractual agents, partners, and licensors of such entity, as well as all members, shareholders, or Investors holding an ownership interest of 10% or more of such entity. b. Cannabis has the meaning given to it by section 893.02(3), Florida Statutes, and shall include all forms of medical Cannabis or low-THC Cannabis. c. Cannabis Dispensing Business or Business shall mean a business licensed to dispense Cannabis pursuant to applicable law and that is engaged in the retail sale of Cannabis or Derivative Products,but shall not include making deliveries of Cannabis or Derivative Products to the residence or business of an authorized individual, or to a health care facility, as permitted by other relevant ordinances and state law. d. Certificate of Approval shall mean a document issued by the Jurisdiction officially authorizing an Applicant to operate a Cannabis Dispensing Business pursuant to this Section. A Certificate of Approval generally authorizes an Applicant to establish and operate a Cannabis Dispensing Business pursuant to this Section,but does not authorize the Dispensing of Cannabis at any physical location within the Jurisdiction until a Premises Authorization, as defined herein, has been issued for such location. e. Compassionate Use Act shall mean section 381.986,Florida Statutes, and chapter 2016-123, Laws of Florida, as amended from time to time, and any rules or regulations promulgated thereunder. f. Cultivation or cultivate shall mean the process by which a person grows a Cannabis plant. g. Derivative Products shall mean products derived from Cannabis, including but not limited to, Cannabis oil or consumable products containing or derived from Cannabis. h. Dispensing shall mean the retail sales of Cannabis or Derivative Products at a Cannabis Dispensing Business,but does not include making deliveries of Cannabis or Derivative Products to the residence or business of an authorized individual, or to a health care facility, as permitted by other relevant ordinances and state law. 3 i. Investor shall mean any person or entity entitled to share in the profits of the Applicant, or any Lender. The term shall not include any employees who share in the profits of the Applicant pursuant to an employee profit sharing program. j. Lender shall mean any person or entity that has provided funds to an Applicant with the expectation of receiving from the Applicant repayment or the receipt from the Applicant of anything of value. The term Lender shall include any person who owns, directly or indirectly, 20% or more of any entity which qualifies as a Lender, but does not include any bank, credit union, or other financial institution created under federal or state law. k. Jurisdiction shall mean Sumter County. 1. Operator shall mean the person or entity to which a Certificate of Approval has been issued pursuant to this Section. m. Premises Authorization shall mean a document issued by the Jurisdiction to the Operator, authorizing the Operator to conduct Cannabis Dispensing Business operations at a single, specifically approved physical location. No Premises Authorization may be issued to any individual or entity who does not hold a n. Certificate of Approval. Each Certificate of Approval authorizes the issuance of a single Premises Authorization at any one time, and any relocation of operations to a separate address shall require amendment of the Premises Authorization to authorize operations at the new location. o. State shall mean the State of Florida. (2) In addition to the definitions contained in Subsection(1), other terms used in this Section shall have the meaning ascribed to them in the Compassionate Use Act, and such definitions are incorporated into this Section by this reference. (b) Certificate of Approval required; term of Certificate of Approval; renewal application. (1) It shall be unlawful for any person or entity to establish or operate a Cannabis Dispensing Business in the County without first having obtained from the State of Florida approval to do so pursuant to the Compassionate Use Act or any other relevant law, and having obtained from the County a Certificate of Approval, and having obtained from the County a Premises Authorization for the facility to be operated in connection with such business. Such Certificate of Approval and Premises Authorization shall be kept current at all times and shall be conspicuously displayed at all times in the premises to which they apply. The failure to maintain a current Certificate of Approval, or to maintain a current Premises Authorization for any location at which Cannabis Dispensing Business is conducted, shall constitute a violation of this Section. (2) Each Certificate of Approval issued by the County pursuant to this Section shall specify the date of issuance, the period of licensure, and the name of the Operator. (3) Any Certificate of Approval issued by the County under this Section shall expire three years after the date of its issuance. 4 (4) Renewal of an existing Certificate of Approval shall be automatic for successive three year periods upon payment of required fees to the County, as provided in the fee schedule adopted by the County from time to time. a. Within 30 days of the expiration date, and upon notice of renewal by the County, each Operator shall pay a nonrefundable fee to the County, as set forth in the fee schedule adopted by the County from time to time,to defray the costs incurred by the County for review of the application and inspection of the proposed premises, as well as any other costs associated with the processing of the application.Notice of renewal shall be provided to each Operator no less than 30 days prior to the renewal date of the Certificate of Authority. b. A notice of intent to revoke shall be issued to all Operators who have not remitted renewal fees within 30 days of the renewal date. Notwithstanding the provisions of Subsection(a), an Operator whose Certificate of Authority has been expired for not more than 90 days will be reinstated upon the payment of a nonrefundable late application fee, as set forth in the fee schedule adopted by the County from time to time. A Certificate of Authority shall be revoked if renewal fees have not been paid within 90 days of the renewal date. (5) Any Premises Authorization issued by the County under this Section shall be deemed to expire on the date upon which the Certificate of Approval pursuant to which it is issued expires. Any Premises Authorization shall be deemed automatically renewed upon the renewal, as set forth herein, of the Certificate of Approval pursuant to which it is issued. (6) In the event a Certificate of Authorization is not renewed, it shall be noticed by the County as available and be subject to a new application process as set forth in this Section. (c) Application minimum requirements;payment of application fee. (1) An Applicant for a new Certificate of Approval, or an Operator seeking to change the ownership of an existing Certificate of Approval,pursuant to the Compassionate Use Act, any other applicable state law, and the provisions of this Section, shall submit an application to the County. At the time of any such application, each Applicant shall pay an application fee to the County, as set forth in the fee schedule adopted by the County Commission from time to time,to defray the costs incurred by the County for review of the application, as well as any other costs associated with the processing of the application. (2) The Applicant shall include the following in its application to the County: a. Payment of the application fee as set forth in the fee schedule established by the Jurisdiction. b. If the Applicant is a business entity, information regarding the entity, including without limitation the name and address of the entity, its legal status and proof of 5 registration with, or a certificate of good standing from, the Florida Secretary of State, as applicable; c. If the Applicant is an individual, government issued identification including name, address and photograph of the individual; d. Evidence of the State of Florida, Department of Health, Office of Compassionate Use's (or any successor agency of the State of Florida's) approval of the Operator to operate a Cannabis Dispensing Business pursuant to the Compassionate Use Act or any other relevant law; e. All documentation necessary to demonstrate compliance with the requirements identified in this Section, including evidence that the Applicant continues to meet all requirements of section 381.986(5)(b)(l),Florida Statutes. f. All documentation the Applicant wishes to have considered for scoring purposes, including documentation demonstrating the Applicant meets the criteria detailed in this Section. (3) Upon receipt of an application,the County shall review and score the application pursuant to the scoring and review process established by this Section. (e) The Application Period and Scoring and Review of Applications. (1) The initial application period shall commence on the effective date of this Ordinance and shall close 30 days after the effective date of this Ordinance. Subsequent application periods shall commence upon certification by the County that additional Certificates of Approval are available and shall close 30 days after such certification. Such certification will be posted in a conspicuous location on a website to be established by the County. (2) The County shall score and review each application pursuant to the criteria, and 100 point scale, detailed below. The County and Applicants may discuss their application at any time during the application process. a. Previous retail dispensing experience in a regulated market in any state: 20 points i. Number of different retail dispensaries operated. ii. Total square footage of retail dispensaries operated. iii. Number of years of operating retail dispensaries. iv. Number of retail dispensary employees managed. v. Gross sales of Cannabis and Cannabis Derivative Products. vi. Number of different Cannabis strains and Derivative Products sold. vii. Retail dispensing licenses held in different states. viii. Previous infractions resulting in the revocation of any Cannabis license. ix. Experience with maintaining chain of custody and tracking mechanisms. 6 b. Quality of Derivative Product offerings: 20 points i. Length of time Derivative Products you intend to dispense have been available in regulated markets. ii. Gross sales number of units of these Derivative Products previously sold in regulated markets. iii. Gross revenue derived from previous sales of these Derivative Products in regulated markets. c. Technical Ability: 10 points i. Review of standard operating procedures, operating manuals, policies,training modules, and procedures. ii. Training process. iii. Online ordering system. iv. Procedures for expediting ordering and/or providing for medically disadvantaged. v. Operational ERP (Enterprise Resource Planning) System. vi. Retail delivery system. vii. Point-of-sale systems and solutions. d. Qualifications of Security Team: 15 points i. Years of security experience with Cannabis dispensaries in a regulated Cannabis market. ii. Integration of security procedures and training into your vertically integrated operations. iii. All owners, Investors, and managers have successfully passed a Level 2 background check and have not been convicted of any felonies involving fraud, false representation, or distribution of Cannabis. e. Qualifications of Medical Director: 25 points i. Experience with epileptic patients; ii. Experience with cancer patients; iii. Experience with patients with severe seizures or muscle spasms; iv. Experience with terminal patients; v. Knowledge of the use of medical Cannabis for treatment of cancer or physical medical conditions that chronically produce symptoms of seizures or severe and persistent muscle spasms; vi. Knowledge of good manufacturing practices; vii. Knowledge of analytical and organic chemistry; viii. Knowledge of analytical laboratory methods; ix. Knowledge of analytical laboratory quality control, including maintaining a chain of custody; x. Knowledge of, and experience with,medical Cannabis CBD/low- THC extraction techniques; xi. Knowledge of medical Cannabis,including CBD/low-THC routes of administration; 7 xii. Experience in or knowledge of clinical trials or observational studies; xiii. Knowledge of, and experience with,producing CBD/low-THC products; xiv. Experience with or knowledge of botanical medicines; xv. Experience with dispensing medications. f. Awards: 10 points i. Any awards,recognitions, or certifications received for expertise in Cannabis related businesses. (3) Prior to scoring applications the County shall review applications for compliance with this Section, the Compassionate Use Act, or any other applicable law, and shall reject any application which does not meet such requirement. Rejected applications shall not be scored. The County shall also disqualify any application that contains any false or misleading information. (4) Within 30 days after the County's identified deadline for filing applications,the Applicants shall then be ranked from highest to lowest,with Certificates of Approval issued to the highest scoring Applicant, and proceeding to the next highest scored Applicant until all Certificates of Approval authorized pursuant to this Section have been awarded. (5) Challenges to the County's award decision shall be filed with the County Administrator within ten days of the decision being challenged. The County Administrator shall review the challenge and issue a decision dismissing such challenge or affirming such challenge. Challenges to the County Administrator's decision dismissing or affirming such challenge shall be via a request for administrative hearing pursuant to Florida's Administrative Procedures Act, and must be filed within ten days of issuance of the decision being challenged. Petitions meeting the requirements of Florida's Administrative Procedures Act shall be referred to the Division of Administrative Hearings for a formal hearing, and issuance of a recommended order to the County. Within 15 days of issuance of a recommended order,the County will issue a final order. (f) Issuance of Certificate of Approval. (1) Upon expiration of the challenge deadlines if no challenge is filed, or upon issuance of a final order if a challenge is filed, the County shall issue Certificates of Approval as provided for in this Section. (2) A Certificate of Approval issued pursuant to this Section does not eliminate the need for the Operator to obtain other required permits or licenses related to the operation of the Cannabis Dispensing Business including,without limitation, any development approvals or building permits required by this Code. 8 (3) Amendment of a Certificate of Approval or Premises Authorization, as defined below, solely to change the location of a Cannabis Dispensing Business shall not be denied so long as all other conditions for the issuance of a Certificate of Approval have been met and the new location complies with all premises requirements set forth in this Section and all applicable zoning requirements. (4) A Certificate of Approval or Premises Authorization may be transferred only to an entity which has been approved by the State of Florida,Department of Health, Office of Compassionate Use(or any successor agency of the State of Florida) to operate a Cannabis Dispensing Business pursuant to the Compassionate Use Act or any other relevant law, and who meets all other requirements of this Section. (g) Persons or Entities prohibited as Operators. No Certificate of Approval shall be issued to, held by, or renewed by any Applicant or Operator who fails to comply with the following Mandatory Requirements: (1) Maintain approval as a dispensing organization by the State of Florida, Department of Health, Office of Compassionate Use pursuant to the Compassionate Use Act, or any other applicable law. (2) Ensure no owner, Investor, or manager of the Applicant or Operator has been found guilty of,regardless of adjudication, or entered a plea of nolo contendere or guilty to, or has been adjudicated delinquent, and the record has not been sealed or expunged for, any crime enumerated in section 435.04(2), Florida Statutes, or any felony involving false representations or false statements, fraud, or money laundering. (h) Confidential, Proprietary, Copyrighted, or Trade Secret Material (1) If an Applicant considers any portion of the documents, data or records submitted with its application to be confidential,proprietary, trade secret or otherwise not subject to disclosure pursuant to chapter 119, Florida Statutes,the Florida Constitution or other authority, the Applicant must mark the document as "Confidential" and simultaneously provide the County a separate redacted copy of its application and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy shall contain the name of the Applicant on the cover, and shall be clearly titled"Redacted Copy." The Redacted Copy should only redact those portions of material that the Applicant claims are confidential, proprietary,trade secret or otherwise not subject to disclosure. (2) If a request for public records pursuant to chapter 119,Florida Statutes,the Florida Constitution or other authority, is filed,to which documents that are marked as confidential are responsive, the County will provide the Redacted Copy to the requestor. If a requestor asserts a right to the Confidential Information,the 9 County will notify the Applicant such an assertion has been made. It is the Applicant's responsibility to assert that the information in question is exempt from disclosure under chapter 119 or other applicable law. If the County becomes subject to a demand for discovery or disclosure of the Confidential Information of the Applicant in a legal proceeding,the County shall give the Applicant prompt notice of the demand prior to releasing the information(unless otherwise prohibited by applicable law). The Applicant shall be responsible for defending its determination that the redacted portions of its response are confidential, proprietary, trade secret, or otherwise not subject to disclosure. (3) If Applicant fails to submit a redacted copy of information it claims is confidential, the County is authorized to produce the entire documents, data, or records submitted to the County in answer to a public records request for these records. (i) Numerical limit on Cannabis Dispensing Businesses. (1) The maximum number of Certificates of Approval in the Jurisdiction shall not exceed one for every 67,600 residents, as certified in the most recent census or periodic demographic studies conducted by the University of Florida. However, if a census or periodic demographic studies conducted by the University of Florida indicates a resident count of at least 50% of that required for issuance of a new Certificate of Authority, a new Certificate of Approval shall be authorized. For example: Residents Indicated Certificates of Authority Authorized 0 - 101,399 1 101,400— 169,000 2 169,001 —236,599 3 236,600—304,199 4 304,200—371,799 5 (2) A dispensing organization may hold more than one Certificate of Approval,but may not hold all available Certificates of Approval issued by the County if more than one is available. (3) In order to ensure that the population of the Jurisdiction has access to the best qualified dispensing organizations,while likewise maintaining competition in the Cannabis Dispensing industry within the Jurisdiction,when multiple Certificates of Approval are available Applicants shall be entitled to receive,upon request,up to the number of Certificates of Approval set forth in the below table, and shall identify in their application the number of Certificates of Approval that they are requesting: Number of First Ranked Second Ranked Third Ranked Fourth Ranked 10 Certificates Available Applicant Applicant Applicant Applicant 1 1 0 0 0 2 1 1 0 0 3 2 1 0 0 4 2 1 1 0 5 3 1 1 0 6 3 2 1 0 7 4 2 1 0 8 4 2 1 1 9 5 2 1 1 10 5 2 2 1 11 6 2 2 1 12 6 3 2 1 13 7 3 2 1 14 7 4 2 1 15 8 4 2 1 16 8 4 2 2 17 9 4 2 2 18 9 4 3 2 19 10 4 3 2 20 10 5 3 2 If any Certificates of Approval remain available following the distribution of requested Certificates of Approval to Applicants in accordance with the above table, one Certificate of Approval shall be offered to each remaining eligible applicant, in declining order of rank,until all Certificates of Approval have been distributed. If, following the completion of such process, Certificates of Approval still remain available, one additional Certificate of Approval shall be offered to each Applicant, in declining order of rank, until all Certificates of Approval have been distributed. (4) If additional Certificates of Approval are made available, the County shall provide notice of a new application process conducted pursuant to this Section. (5) Each Certificate of Approval authorizes the holder to operate a single licensed premise pursuant to an approved Premises Authorization. (j) Premises Authorization. After obtaining a Certificate of Approval, and prior to Dispensing Cannabis, an Operator shall select a location from which such Dispensing will occur, and provide notice to the County of the Dispensing location and request issuance of Premises Authorization for such location. Such request shall be provided a minimum of 10 days prior to the Dispensing of any Cannabis from the location, and shall identify the Certificate of Approval at issue, and the location from which Dispensing will occur. 11 (k) Zoning Requirements (1) Cannabis dispensaries shall be a permitted use consistent with the requirements of this Section in the CL, CH, CR and ID zoning districts as established by the Official Zoning Map of Sumter County. (2) No Cannabis Dispensing Business shall be located within 1000 feet of any public or private elementary,middle, or secondary school or house of worship. However, a Cannabis Dispensing Business does not violate this subsection and may not be forced to relocate if it meets the requirements of this section and a school or house of worship is subsequently established within 1000 feet of the business. (3) For purposes of this Section, measurements shall be made from the nearest property line of the school or house of worship to the nearest property line of the Cannabis Dispensing Business. If the Cannabis Dispensing Business is located in a multi-tenant building,the distance shall be measured from the nearest property line of the school or house of worship to the nearest line of the leasehold or other space actually controlled or occupied by the Cannabis Dispensing Business. The Cannabis Dispensing Business shall ensure security for Cannabis activities complies with state requirements. (1) Inspection of approved premises and issuance of Premises Authorization. (1) During business hours and other times of apparent activity, all approved premises shall be subject to inspection by the Fire Chief, the Building Official, County Sheriff, or the authorized representative of any of them, for the purpose of investigating and determining compliance with the provisions of this Section and any other applicable state or local law or regulation. Such inspection may include, but need not be limited to, the inspection of books, records, and inventory. Where any part of the premises consists of a locked area, such area shall be made available for inspection, without delay,upon reasonable request. The frequency of such inspections shall not be unreasonable and shall be conducted in a manner to ensure the operation of the premises is not inhibited. (2) Cannabis may not be dispensed pursuant to a Certificate of Approval until the County has caused the proposed premises to be inspected to determine compliance of the premises with any applicable requirements of this Section and Code, and has issued Premises Authorization. (3) The County shall,within 10 days of receipt of a request for Premises Authorization, and after inspection of the premises to be utilized, notify the Certificate holder that it may begin Dispensing Cannabis at that premises and issue a Premises Authorization to the Certificate holder, or provide to the Operator written notice detailing the reasons the selected location does not comply with this Section. Each Premises Authorization issued by the County 12 pursuant to this Section shall specify the Certificate of Approval pursuant to which it is issued, all information set forth on the Certificate of Approval, and the physical location of the premises approved, once such approval is received. (m) Requirements related to the premises. Cannabis Dispensing Businesses shall be subject to the following additional requirements: (1) All Cannabis or Cannabis Derivative products ready for sale shall be in a sealed or locked container or cabinet except when being accessed for distribution. (2) Only individuals authorized pursuant to Florida law may dispense Cannabis, and such Cannabis may only be dispensed to persons authorized pursuant to Florida law to receive Cannabis. (3) No Cannabis shall be dispensed outside of the hours permitted by Florida law. However, Cannabis Dispensing Businesses may conduct administrative or delivery functions, including making deliveries of Cannabis or Derivative Products to the residence or business of an authorized individual, or to a health care facility, as permitted by other relevant ordinances and state law. (4) No unaccompanied minor may be dispensed Cannabis unless otherwise authorized under state law. (5) The Cannabis Dispensing Business shall employ reasonable measures and means to eliminate odors emanating from dispensing and shall properly dispose of controlled substances in a safe, sanitary and secure manner and in accordance with applicable laws and regulations. (6) After issuance of a Premises Authorization, an Operator shall not make a physical change, alteration or modification of the premises that would not comply with this Section. (n) Nonrenewal, suspension or revocation of Certificate of Approval. The County may suspend,revoke, or refuse to renew a Certificate of Approval for any of the following reasons, after notice and opportunity to cure is given: (1) The Applicant or Operator, or his or her agent, manager, or employee,have violated, do not meet, or have failed to comply with, any of the terms, Mandatory Requirements as specified in this Section, conditions, or provisions of this Section or with any applicable state law or regulation, only if such failure materially impacts the accessibility, availability, or safety of the Cannabis or Derivative Product. 13 (2) The County shall provide notice of any of the above deficiencies accompanied by a 30 calendar day period in which to cure such deficiencies. Within 30 days of receipt of notice a notice of deficiencies, the Operator shall submit to the County a plan to correct such deficiencies. The Operator must execute the plan within 30 days of the date the plan was submitted to the County. If a plan is not timely submitted, or the plan is not timely executed, the County may take appropriate action. If any deficiencies are incapable of being cured, the County shall direct the Operator to take reasonable steps to ensure the deficiency is mitigated and does not pose a material threat to the public health, safety, or welfare. Compliance with such mitigation requirements shall constitute a cure of such deficiencies. (3) A Certificate of Approval shall be revoked and be available for issuance subject to the process outlined in this Section if Dispensing fails to occur within thirty-six months after the Certificate has been issued, except that the County may grant an extension of this requirement upon good cause shown. (4) Notwithstanding the foregoing, upon a finding by the County, for good cause shown, that the continued operation of the business presents an imminent and immediate grave threat to the public health or safety,the County may issue an emergency order directing the Operator to temporarily cease sales at that location pending resolution of the deficiency. (o) No County liability; indemnification; no defense. (1) By accepting a Certificate of Approval and Premises Authorization issued pursuant to this Section,the Operator waives any claim concerning, and releases the County, its officers, elected officials, employees, attorneys and agents from, any liability for injuries or damages of any kind that result from any arrest or prosecution of business owners, Operators, employees, clients, or customers of the Operator for a violation of state or federal laws, rules, or regulations. (2) By accepting a Certificate of Approval and Premises Authorization issued pursuant to this Section, all Operators,jointly and severally if more than one, agree to indemnify, defend, and hold harmless the County, its officers, elected officials, employees, attorneys, agents, insurers and self-insurance pool against all liability, claims, and demands on account of any injury, loss, or damage, including without limitation claims arising from bodily injury,personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of the Cannabis Dispensing Business that is the subject of the Certificate of Approval and Premises Authorization. (3) The issuance of a Certificate of Approval and Premises Authorization pursuant to this Section shall not be deemed to create an exception, defense, or immunity for any person in regard to any potential criminal liability the person may have under 14 state or federal law for the cultivation,possession, sale, distribution, or use of Cannabis. SECTION 4. CODIFICATION. It is the intention of the Sumter County Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the Sumter County, Florida, with the exception of Sections 2, 4, 5 and 6. The word "Ordinance," or similar words may be changed to "section," "article," or other appropriate word or phrase and the sections of this Ordinance may be renumbered or re-lettered to accomplish such intention. The Code codifier is granted liberal authority to rescind those sections of the Code declared null and void as set forth herein, within Chapter 13 of the Land Development Code. SECTION 5. CONFLICTS AND REPEALER. This Ordinance shall be cumulative of all provisions of the Ordinances of Sumter County, Florida, except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event all Ordinances or parts thereof in conflict with this Ordinance are hereby repealed to the extent of such conflict. SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or application shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption by the Sumter County Board of County Commissioners. 15 f PASSED AND ADOPTED BY THE SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS, SUMTER COUNTY, FLORIDA, THIS 10TH DAY OF JANUARY, 2017. SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS z DOUG GILPIN,CHAIRMAN • `�� EST: l BY: CAROLINE AL RESTIMAWI,DEPUTY CLERK 16 GoodnerAngela Subject: Phone call with Brent Batten - medical marijuana moratorium,term limits Start: Fri 2/10/2017 2:00 PM End: Fri 2/10/2017 2:30 PM Recurrence: (none) Organizer: SolisAndrew 1 GoodnerAngela From: William Tolp <williamtolp69@comcast.net> Sent: Sunday, February 12, 2017 11:51 AM To: SolisAndrew Subject: MMJ Moratorium Vote Attachments: robtolp_1459698146_85 jpg; ATT00001.htm; sig;ATT00002.htm Dear Commissioner Solis, I am writing regarding the vote this coming Tuesday regarding the proposed 6 moth moratorium on medical marijuana dispensaries. I would like for you to stand against the moratorium. The people of Collier County spoke clearly when over 64% of the voters from all political parties and independents stated their desire for more liberty with regard to this issue. It is my opinion that any resistance by local or State Representatives will be viewed by the public as direct resistance to the will of the people. Beyond the former point, it makes no economic sense to propose any kind of moratorium on dispensaries. There is a reason why there is a Walgreens or a CVS on a corner every several blocks. That reason is accessibility. Since medical marijuana is for people with serious medical conditions, then their ease of access should be as easy as it is for me to get a bottle of Musinex when I have a severe cold. Not to mention, but limiting the number of dispensaries, i.e. supply, it will necessarily drive the prices of the product up, which would be completely contradictory to wanting to help people who are suffering. This would be the opposite of compassion. I would greatly appreciate it if you would vote against the moratorium. Thank you very much for considering my thoughts on this matter. Sincerely, Rob Tolp 1 Page 1 of 1 Dear Commissioner, I am writing regarding the vote this coming Tuesday regarding the proposed 6 month moratorium on medical marijuana dispensaries. I would like for you to stand against the moratorium. The people of Collier County spoke clearly when over 64% of the voters from all political parties and independents stated their desire for more liberty with regard to this issue. It is my opinion that any resistance by local or State Representatives will be viewed by the public as direct resistance to the will of the people. Beyond the former point, it makes no economic sense to propose any kind of moratorium on dispensaries. There is a reason why there is a Walgreens or a CVS on a corner every several blocks. That reason is accessibility. Since medical marijuana is for people with serious medical conditions, then their ease of access should be as easy as it is for me to get a bottle of Musinex when I have a severe cold. Not to mention, but limiting the number of dispensaries, i.e. supply, it will necessarily drive the prices of the product up, which would be completely contradictory to wanting to help people who are suffering. This would be the opposite of compassion. I would greatly appreciate it if you would vote against the moratorium. Thank you very much for considering my thoughts on this matter. Marne Gleason, Collier resident http://bccvault01.bcc.colliergov.net/EnterpriseVault/search/ContentView.as... 3/12/2018 Page 1 of 1 Mr. Solis, I live in your district, in Sterling Oaks as a full time resident. I currently have no need for medical marijuana but if and when I do I would like to think access to it would be no more difficult than any other prescribed drug. I am perplexed about the dilemma the commission seems to be having on this issue.The electorate spoke very clearly on this subject with over 70%voting in favor of the amendment. The"black market"concern expressed by some of the commissioners is no more valid than any other pharmacy that dispenses opioids or other controlled substances. Please support the option to allow dispensaries in any area zoned for pharmacy. Thanks, Roger Harper 239-300-1954 rogernharper@gmail.com The information contained in this e-mail message is confidential and may contain privileged information and material. Any review or use of the information contained in this email message by persons other than the intended recipient(s) is prohibited. If you are not the intended recipient please notify me immediately by e-mail to rogernharper@gmail.com and destroy all copies of this message and any attachments. http://bccvault01.bcc.colliergov.net/EnterpriseVault/search/ContentView.as... 3/12/2018 Page 1 of 1 Dear Commissioners, I am writing you today to urge you to heed the wishes of the 64.3%of Collier County voters who voted Yes on Amendment 2 last year.Please let the patients in our county have safe access to a medicine that gives them the relief they desperately need.Florida(and Collier County)voted for this Amendment because these patients are our neighbors,our friends and our family members.They are our children with epilepsy,whose little bodies are overcome with seizures. They are our elderly who suffer from cancer and glaucoma.They are our veterans who with are afflicted with Post- traumatic stress disorder.They are our friends and neighbors with Crohn's disease,Parkinson's disease or Multiple sclerosis that struggle in excruciating pain just to get through each day. They are the sick and the weak among us.These are our citizens who are crying out for help.The people heard their pleas and voted to change our constitution to allow our friends and family to have access to this medicine.We've stood together across political divides and party lines because this issue transcends age,race and creed.Please stand with us now and vote unanimously to publicly vet a Land Development Code Amendment that will permit medical marijuana dispensaries in the same zoning districts as pharmacies.There are counties all over the country that have been able to achieve this safely and successfully and we can do it here in Collier County. I beg you to think of our citizens that are suffering and not close your hearts to them.This is one the most important decisions you will make as commissioners and I beg you to chose compassion over bureaucracy. Thank you for your time&consideration. Sincerely, Donna Bailey Wolf,MSN,RN http://bccvault01.bcc.colliergov.net/EnterpriseVault/search/ContentView.as... 3/12/2018 Page 1 of I Hello,I am a resident of Collier County and I wanted to ask you to please find other forms of funding rather than increasing property taxes.Our county already gets 70%of its revenue from property taxes despite the state average being 50%.Increasing property taxes would hinder our economic development and create a barrier to homeownership. Thank you, • http://bccvault01.bcc.colliergov.net/EnterpriseVault/search/ContentView.as... 3/12/2018 Page 1 of 1 Hello representatives, I am a collier county resident emailing to let you know that my family supports allowing medical marijuana shops in Collier County. Thanks for your consideration. Manzie Lawfer http://bccvault01.bcc.colliergov.net/EnterpriseVault/search/ContentV iew.as... 3/12/2018 GoodnerAngela From: Cindy Grossman <clgrossman2012@gmail.com> Sent: Wednesday, February 22, 2017 11:54 AM To: SolisAndrew Subject: Town Hall and Marijuana Follow Up Flag: Follow Up Flag Status: Flagged I was unable to attend your Town Hall due to medical issues. Is there a way that I can find out what happened? I'm very interested in our community. Also, I sent an email to your assistant recently as, at the time, I only saw her email address and not yours.The subject was medical marijuana. I am 60 years old and I've been in acute chronic pain for 8 years, and recently have been getting much worse. I barely go out anymore, and my home gets dirtier and more disorganized by the week. Commonly used Rx's have not helped me, nor have various procedures. I feel that the next step, and only remaining hope, is marijuana. I'm far too ill to travel across the state for it, and was hoping that you would not vote to delay implementation of the will of the people. The moratorium of a full year is simply excessive. At least Bonita's is 6 months. The Commissioners clearly are not familiar with people who truly suffer and have legitimate need. This is not about getting high. In fact, my 88 year old mother in Connecticut just got a license for medical marijuana due to her acute chronic pain. Neither of us have ever done drugs, or even have used alcohol more than for a social drink. I invite you to visit me, so you can see how I'm forced to live due to my acute chronic pain and accompanying acute chronic fatigue. I live at Lakeside, near the Library HQ, so it would be very convenient for you. I'm here almost all the time -- except for doctors appointments and occasional unavoidable errands. Thank you. Cindy Grossman 239 325 9625 Page 1 of 1 Commissioner, On February 21, when you appeared at the Pine Ridge Comminity Association annual meeting, I spoke with you directly regarding this moratorium, as I had been out of town for the BCC meeting of February 14, and the minutes had not yet been posted online. At that time you informed me that a 6 MONTH moratorium had passed, only to give the commission time to determine appropriate zoning. I have since discovered that the BCC extended the moratorium to ONE YEAR on February 14. Were you deliberately attempting to mislead me? Is the BCC and the county so ineffective that they cannot determine zoning issues in the almost 4 months since the voters overwhelmingly chose to allow medical marijuana dispensaries? Why is a one year moratorium so necessary? I would appreciate your response before the February 28 BCC meeting, because I will attend and make your falsehood public if necessary. Thank you. Joan Ginsberg 7096 Trail Blvd. Naples, FL 34108 239-596-7795 Joan E.Ginsberg 248-761-4403 Linkedln TwitterlFacebook Google+ http://bccvault01.bcc.colliergov.net/EnterpriseV cult/search/ContentV iew.as... 3/12/2018 GoodnerAngela From: Erik Kirk <erik@poolemckinley.com> Sent: Wednesday, March 29, 2017 3:27 PM To: Keith Bell; FialaDonna; SolisAndrew; SaundersBurt;TaylorPenny; McDanielBill Cc: Emily Lee Subject: RE: Medical Marijuana Regulation- Collier County Thank You Commissioners for your time and openness to discuss this sensitive issue with us. We look forward to continuing our work with you and your team in Collier. Please let us know if we can answer any additional questions or if we can provide any documentation to you,your staff or any constituents. Very Truly Yours, Erik Kirk Erik H. Kirk 106 East College Avenue 11th Floor Tallahassee, Florida 32301 Telephone:(850)681-1980 Facsimile:(850)222-1698 Mobile:(850)528-4424 From: Keith Bell [mailto:kbell@clarkpartington.com] Sent: Wednesday, March 29, 2017 2:28 PM To: 'DonnaFiala@colliergov.net'; 'andysolis@colliergov.net'; 'burtsaunders@colliergov.net; 'pennytaylor@colliergov.net'; 'billmcdaniel@colliergov.net Cc: Erik H. Kirk; Emily Lee Subject: Medical Marijuana Regulation- Collier County Dear Commissioners, I have had the opportunity to meet some of you, but not all of you. By way of a brief introduction to some and a reminder to others, I am attorney and lobbyist working on behalf of San Felasco Nurseries, one of the 7 facilities licensed to cultivate, manufacture and dispense medical marijuana in the State of Florida. Working with me on this project and copied on this email is Erik Kirk. Erik and I are following the medical marijuana issue closely and are working with a number of local governments, including Collier County, in an effort to promote safe, conservative and effective medical marijuana regulation. The model regulatory ordinance we are promoting is attached. This ordinance has been adopted in whole or in large part in Osceola, Glades and Sumter Counties and is under consideration in a number of other counties throughout the State. Also attached is the research from the Marijuana Policy Group that serves as the rationale for limiting the number of dispensaries operating in any given jurisdiction based on population. As discussed on a couple of occasions with some of you and also with your staff, we believe that this regulatory framework will ensure a structured and effective roll out of the medical marijuana industry. Further, because the structure of the ordinance is based on research gathered from the roll out of the medical marijuana industry in other states, it anticipates and acts as a counter-measure to a variety of potential issues that an unregulated medical marijuana market creates. We are aware that Collier County has passed a moratorium but we also understand that the moratorium is a temporary measure and that eventually, the issue will have to be substantively addressed. When that time comes, we hope to be a resource that you use in determining the direction the county will take. Should any of you ever have any questions about the matter, please do not hesitate to call. In the meantime, I am also attaching for your review a current comparison of the various bills that have been filed relative to medical marijuana that was prepared by the Florida Association of Counties, which you may find useful. Of note is the fact that regardless of which bill or combination of bills passes, the ultimate decision you are faced with now- how to regulate the location and number of medical marijuana dispensaries in your jurisdiction-will remain your decision. Regards, rep KEITH L. BELL, JR. Shareholder 106 E. College Ave., Ste. 600 Tallahassee, Florida 32301 o (850) 320.6838 C (850) 261.0932 F (850) 597.7591 arkpa r ton.com j kbell@clarkoartinaton.com I CLARK PARTINGTON 2 GoodnerAngela From: Keith Bell <kbell@clarkpartington.com> Sent: Wednesday, March 29, 2017 2:28 PM To: FialaDonna; SolisAndrew; SaundersBurt; TaylorPenny; McDanielBill Cc: Erik Kirk; Emily Lee Subject: Medical Marijuana Regulation- Collier County Attachments: Medical Cannabis Ordinance - up to date.docx; Dispensary Allocation Numbers.pdf; MMJ Side-by-Side.pdf Dear Commissioners, I have had the opportunity to meet some of you, but not all of you. By way of a brief introduction to some and a reminder to others, I am attorney and lobbyist working on behalf of San Felasco Nurseries, one of the 7 facilities licensed to cultivate, manufacture and dispense medical marijuana in the State of Florida. Working with me on this project and copied on this email is Erik Kirk. Erik and I are following the medical marijuana issue closely and are working with a number of local governments, including Collier County, in an effort to promote safe, conservative and effective medical marijuana regulation. The model regulatory ordinance we are promoting is attached. This ordinance has been adopted in whole or in large part in Osceola, Glades and Sumter Counties and is under consideration in a number of other counties throughout the State. Also attached is the research from the Marijuana Policy Group that serves as the rationale for limiting the number of dispensaries operating in any given jurisdiction based on population. As discussed on a couple of occasions with some of you and also with your staff, we believe that this regulatory framework will ensure a structured and effective roll out of the medical marijuana industry. Further, because the structure of the ordinance is based on research gathered from the roll out of the medical marijuana industry in other states, it anticipates and acts as a counter-measure to a variety of potential issues that an unregulated medical marijuana market creates. We are aware that Collier County has passed a moratorium but we also understand that the moratorium is a temporary measure and that eventually, the issue will have to be substantively addressed. When that time comes, we hope to be a resource that you use in determining the direction the county will take. Should any of you ever have any questions about the matter, please do not hesitate to call. In the meantime, I am also attaching for your review a current comparison of the various bills that have been filed relative to medical marijuana that was prepared by the Florida Association of Counties,which you may find useful. Of note is the fact that regardless of which bill or combination of bills passes, the ultimate decision you are faced with now- how to regulate the location and number of medical marijuana dispensaries in your jurisdiction-will remain your decision. Regards, CKEITH L. BELL, JR. Shareholder 106 E. 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As cannabis policy and planning experts,the Marijuana Policy Group makes the following recommendations: • Phased Approach: Based upon past experience, municipalities should use an incremental approach to issuing dispensary licenses.This mitigates the cost of early-stage errors in license criteria and processing. In general, it is easier for authorities to issue additional licenses over time, than to revoke licenses from previously issued licensees. • Optimal Number of Dispensaries: The optimal number of dispensaries depends upon the number of patients likely to register,the local area population, and the required scale of operation for dispensaries to remain profitable. The average resident ratio among similar states (with laws similar to Amendment 2) is one dispensary per 67,222 residents (1:67,222). This ratio is found to be"optimal" by the MPG for cities and counties in Florida. • Risks of Unprofitable Dispensaries: Unlike conventional business, cannabis business failure creates risks because the product is still prohibited by federal law. Small and struggling cannabis entities are more likely to sell (or"divert") into illegal markets(e.g., minors and out-of-state smuggling). For example, struggling entities can utilize their license to legally cultivate or purchase cannabis, and then re-sell to illegal markets, if they cannot survive in Florida's legal market. • The Minimum Effective Scale Ratio: As a second rational approach to setting standards for dispensary numbers, it is helpful to note that the minimum effective scale for a dispensary is approximately 600 patients. Under Amendment 2,the minimum population-to-patient ratio in Florida should be no more than one dispensary for each fifty-thousand residents (1:50,000)with the optimal ratio at 1:67,222. • The Failure Rate:The percentage of companies expected to become unprofitable in the regulated market is 61% if the allocation ratio is 1:30,000. Expected failures decline to 32% if the ratio is 1:50,000, and to only 13% if the ratio is 1:67,222. 1 The Marijuana Policy Group(MPG) is a Denver-based economics and policy consulting firm dedicated to cannabis economics and policy. This memo provides a quantitative assessment of the benefits and challenges related to cannabis dispensary permitting and licensing. The MPG is nationally recognized for its role in shaping the Colorado regulated cannabis market.Since 2014,the MPG has served as the lead cannabis economist for the State of Colorado, providing detailed market and economic analysis that informs state legislators and policymakers. MPG experts have also advised private sector clients for location, investment,and operations—this experience helps the MPG to bring private-sector understanding into the public-policy forum in an articulate manner. The MPG now operates in 13 states and two foreign countries. Note:Results and findings are solely based upon MPG research. Quotations or citations of the report findings must include"The Marijuana Policy Group"as the original owner of this intellectual property. 1 F' 1 FG POLICY Market Intelligence I Policy Design License Allocations—Florida.v5 • Upper-Bound Sales: The MPG finds no evidence to indicate an upper-boundary on the ability of dispensaries to service or supply customers. Single storefronts in Washington State,for example, were serving as many as 6,000 patrons in July 2016. It is therefore unlikely that a dispensary would experience "too many" patients to service. • Cole Memo Compliance: Florida regulators should respect the priorities stated in the United States Department of Justice's 2013 Cole Memorandum. This memorandum outlines the position of the federal government, and the conditions under which federal authorities will allow state-level rule on cannabis possession. Two of the eight priorities in the Cole Memorandum are to mitigate diversion to minors, and mitigate diversion out of the state. Proper allocation of licenses should be designed to ensure that licensees will remain compliant with state laws, and with federal guidelines. • Inexperienced Operators: Due to increased risks associated with dispensary failures, regulators should prioritize license applicants who have demonstrated the ability to operate a successful cannabis business in the past. Contents Municipal Dispensary License Allocation: Florida 1 Background 3 State-Level Licensing and Restrictiveness 3 Florida State Estimated Capture Rates 5 Dispensary License Allocations 5 Dispensary Economics—Minimum Effective Scale 8 Dispensary Failure Rates Under Three Scenarios 10 Regulatory Risks from Failing Dispensaries 10 Summary 11 Note:Results and findings are solely based upon MPG research. Quotations or citations of the report findings must include"The Marijuana Policy Group"as the original owner of this intellectual property. 2 lii4I p G POLICY Market Intelligence I Policy Design License Allocations—Florida.v5 Background Florida's medical cannabis program is changing rapidly. The passage of Amendment 2 in November 2016 will increase substantially the size and scope of the program. This ballot measure represents the latest of three measures which altered the state's approach to medical cannabis. Program Evolution:2014-2016 Under the Compassionate Medical Cannabis Act, passed in 2014,the Legislature permitted low- THC/high CBD, non-smokable cannabis to be dispensed and utilized for the treatment of a handful of medical conditions. However, due to the legal restrictions, limiting access and prescriptions, and by forbidding smokable products, few patients have chosen to obtain medical cannabis through legal channels. On March 25, 2016, Florida Governor Rick Scott signed House Bill 307 into law.This law expanded access to medical cannabis, including high-THC products as an efficacious treatment for patients with terminal illnesses.The state has licensed six medical cannabis dispensing organizations,which are vertically integrated and authorized to cultivate, manufacture, and sell medical cannabis. However,the program remains nascent; as of August, 2016,the Florida Department of Health has just 87 registered cannabis patients. The passage of Amendment 2 is likely to expand significantly the number of registered patients and potential dispensaries seeking to serve such patients. State and local authorities must prepare themselves for an onslaught of medical cannabis dispensary applications. Under current law(section 381.986(8)(b), Florida Statutes), each county and municipality is authorized to implement rules and regulations for permitting of retail cannabis dispensaries.The statute specifies that such regulations should be reasonable and tailored to protect the public health, safety, and welfare. Most city or county managers have not faced such a decision, and are uncertain how many dispensaries to permit in a certain locality.This document is designed to help these authorities to understand what has been done elsewhere, and what to expect if too many or too few dispensaries are permitted in specific localities. State-Level Licensing and Restrictiveness The MPG collected state-level medical cannabis program data for 22 states where some form of medical cannabis is allowed. Each state chose a regulatory system that is influenced by local sentimentality toward cannabis. Despite the disparity among different state and county rules, most impose restrictions on medical cannabis programs through 1) Limitations on the scope of medical conditions treatable using medical cannabis and the medical prescription ("recommendation") process; and 2) Rules to limiting dispensary numbers. Restrictions on Condition Types—and the Capture Rate Certain states restrict use by limiting the types of conditions that are allowed to be treated using cannabis. Illinois,for example, has such restrictive conditions that there are only 7,000 approved medical cannabis patients, in a state with 12.8 million residents. The corresponding patient to population ratio—called the "Capture Rate"—is therefore just 5 people per 10,000, or 0.05%. Note:Results and findings are solely based upon MPG research. Quotations or citations of the report findings must include"The Marijuana Policy Group"as the original owner of this intellectual property. 3 MPG POLICY Market Intelligence I Policy Design License Allocations—Florida.v5 Most states have fewer restrictions on allowed medical conditions, and higher Capture Rates,than Illinois. Colorado, Maine, and Oregon allow most types of conditions, including"chronic pain,"to be recommended for treatment using cannabis. As a result, these states have much higher capture rates. The rate in Colorado is 1.94%, in Oregon, it is 1.83%, and in Maine it is 3.42%,the highest in the dataset. Table 1 provides a listing for selected states (22 different states where information was available), of the current patient count, compared to the resident population,to provide a capture rate for each state program. Table 1: Medical Cannabis State Populations and Eligible Patient Populations, based upon allowed medical conditions for medical cannabis. State State population Patient Current Capture (2015) numbers through Ratio Maine 1,329,328 45,520 6/16/2016 3.42% Michigan 9,922,576 203,889 6/18/2016 2.05% Colorado 5,456,574 106,066 5/31/2016 1.94% California 39,144,818 715,133 6/16/2016 1.83% Oregon 4,028,977 73,605 6/6/2016 1.83% Arizona 6,828,065 97,938 5/27/16 1.43% Rhode Island 1,056,298 14,459 6/15/2016 1.37% Montana 1,032,949 13,288 5/31/2016 1.29% New Mexico 2,085,109 24,902 6/3/2016 1.19% Hawaii 1,431,603 14,074 6/1/2016 0.98% Nevada 2,890,845 18,599 5/31/2016 0.64% D.C. 672,228 3,707 6/3/2016 0.55% Vermont 626,042 2,936 6/27/2016 0.47% Massachusetts 6,794,422 25,980 5/31/2016 0.38% Connecticut 3,590,886 10,861 6/12/2016 0.30% Delaware 945,934 1,490 6/15/2016 0.16% Alaska 738,432 1,071 5/31/2016 0.15% New Jersey 8,958,013 7,956 6/15/2016 0.09% New Hampshire 1,330,608 780 7/1/2016 0.06% Illinois 12,859,995 7,000 6/1/2016 0.05% Minnesota 5,489,594 1,486 6/10/2016 0.03% New York 19,795,791 4,688 6/9/2016 0.02% Average: 0.92% Source:MPG Calculations based upon publically-available state patient and population data. Patient data was sourced from the Marijuana Policy Project. Note:Results and findings are solely based upon MPG research. Quotations or citations of the report findings must include"The Marijuana Policy Group"as the original owner of this intellectual property. 4 NipG POLICY Market Intelligence I Policy Design License Allocations—Florida.v5 Florida State Estimated Capture Rates Under HB 307/SB 460 Although HB 307/SB 460 has added access medical cannabis for the terminally ill, it is estimated that the patient-count will remain low given the restrictions that remain. Based upon the new regulations,the MPG estimates that the state's patient Capture Rate will grow from current levels to approximately 12,000 patients. The most binding constraints to access include the low-THC requirement for several of the qualifying conditions, difficulty for doctors to legally recommend the drug, and a cumbersome/costly path to become a registered cannabis patient. In total,the MPG estimates the Capture Rate under existing legislation to be approximately six-tenths of one percent(0.06%). Under Amendment 2 Upon passage of Amendment 2,the number of eligible conditions will expand to include more prevalent indications, and the use of high-THC, smokable products would be allowed, making the Florida law similar to laws in approximately 7 other states. Using these states for guidance,the MPG constructed an estimated capture rate for Florida. The estimated capture rate for the state under Amendment 2 is 1.21%.The results are shown below, in Table 2. Table 2:Florida-Specific Patient Population-Based upon MPG Estimated Capture Rates Florida Estimated Patient Population Sample Average 0.92% Average (Programs similar to Florida): 1.21% Florida Population (2015) 20,271,272 Estimated Florida Patient Count: Using Sample Average (0.92%) 186,575 Using Similar Program Ave(1.21%) 244,472 Using Upper Bound (2.2%) 445,968 Source: MPG Calculations While the overall sample average capture rate was 0.92%,the average for states who have deployed a program that is similar to Florida's, is 1.21%.This higher rate reflects the exclusion of certain highly- restrictive states (e.g., New Jersey, New York, and Illinois). Dispensary License Allocations The passage of Amendment 2 will lead to an onslaught of cannabis dispensary applications, and city and county planners must be prepared to handle such applications. Cannabis dispensaries and storefronts are perceived by many planners to carry increased risks compared to typical merchandise stores.These stores sell products that are prohibited under federal law, and they tend to hold large quantities of cash and high-value products. Accordingly,these stores can become burdensome on law enforcement resources.Additionally, community leaders in other states have expressed concern that numerous Note:Results and findings are solely based upon MPG research. Quotations or citations of the report findings must include"The Marijuana Policy Group"as the original owner of this intellectual property. 5 MPG POLICY Market Intelligence I Policy Design License Allocations—Florida.v5 cannabis dispensaries increase the risk of blight and may reduce property values for neighboring communities. In order to mitigate these risks and the burden on law enforcement, state and municipal authorities have placed limitations upon the number of dispensary operations in a given area. The first and most common limitation is population-based,where a fixed number dispensary licenses are allowed within a specific population center. Experience from Other Industries Rationing and allocation of licenses to certain types of private businesses is not new. Certain states with a more pious outlook continue to limit liquor store licensees. Utah,for example, limits storefronts to 1:44,000 residents.' Other regional limits are often requested by private business due to high startup costs. Hospital developers require a setback that limits competition for a period of time—in order to ensure they can survive and provide medical services. Pure public goods, such as fire stations and parks, are allocated to meet community needs,while balancing the costs and benefits of additional service outlets. Cannabis dispensaries are privately-funded entities that provide services to a specific population segment. Therefore,the benefits of increased access to these entities is balanced against the potential costs of having too many outlets and subsequent failing businesses (along with considerations for the health, safety, and wellbeing of the public including increased risk of crime and burdens on law enforcement). While zoning rules can help to navigate the location of these entities,the number of entities can be directly controlled through license allocations. Experience from Other States Of the 22 states from which MPG collected data,three states place no explicit limit upon the number of dispensing licenses: Colorado, New Mexico, and Oregon. Colorado and Oregon provide licenses to any applicant who can meet the qualifications to be an operator, while New Mexico takes into consideration the need for additional dispensaries on an annual basis.Since two of these states have legalized cannabis for anyone over 21 years of age,their policies should be viewed differently from states with medical programs only. Among medical-only states, there is a gap between two types of dispensary allowances. Many states have systems that allow 1 dispensary for every 60,000 to 80,000 residents.The MPG compared these states with the program in Florida outlined in Amendment 2—the most similar states are Arizona, New Mexico, Maryland, Nevada, Pennsylvania, and Hawaii. Those states had an average of 67,222 residents per dispensary. See Figure 0-1 below,for a graphical depiction of dispensary ratios. 2 Most state have liquor store ratios that average 1 for every 3,000 residents. Note:Results and findings are solely based upon MPG research. Quotations or citations of the report findings must include"The Marijuana Policy Group"as the original owner of this intellectual property. 6 MPG POLICY Market Intelligence I Policy Design License Allocations—Florida.v5 Figure 0-1:Ratio of State Resident Population to Cannabis Dispensaries for Selected US States(2015/2016) Dispensary Population Ratios - US States Illinois Maine Vermont - r. .. '- Hawaii Pennsylvania HawaiiPennsylvania Nevada .... �-: Maryland New Mexico Arizona Colorado 03,315 Oregon 0,779 0 50,000 100,000 150,000 200,000 250,000 Source: MPG Calculations based upon publically-available state patient and population data. Two states stand out for the extremely"low" population to dispensary ratios: Colorado and Oregon. However these ratios can be misleading because most of these licensees are allowed to sell recreational (adult-use) cannabis from the same location.3 The ability to sell adult-use as well as medical cannabis means that these locations are not relying solely upon patients to sustain their business, as dispensaries in medical-only states do. Case of Oregon Dispensaries The history of Oregon's medical program offers some insights as a medical-only state that converted into an adult-use state. In Oregon, no a-priori limit was placed on dispensary licensing. As a result,the industry faced a "boom/bust" scenario. In 2014 and 2015, some Oregon towns incurred periods of under-supply, and then over-supply, eventually leading to dispensary failures.4 In 2015, pre-existing dispensaries benefitted by an interim law passed by the Oregon legislature, allowing medical dispensaries to sell cannabis to any adult over 21 years of age. At the same time, no recreational retail licenses were issued,giving pre-existing dispensaries exclusive rights to sell recreational cannabis to adults. Starting in January 2017, medical dispensaries must choose whether to sell exclusively to recreational or medical markets. According to an article by the Guardian, Southeast Portland had approximately 12,000 medical card holders, and 136 medical dispensaries during calendar year 2015.This meant there were just 88 patients per dispensary, on average—leading to closures, license transfers, and product diversion. After October 2015, many dispensaries were revived, as their client base was expanded to any adult over 21 years of 3 Stores and dispensaries are allowed to sell both products,so long as the area can be easily distinguished between medical and recreational retail. Most stores have a large orange line down the floor to indicate each section. 4 See for example: https://www.theguardian.com/us-news/2015/nov/21/oregon-cannabis-legalization-medical- marijuana-dying-market. Note:Results and findings are solely based upon MPG research. Quotations or citations of the report findings must include"The Marijuana Policy Group"as the original owner of this intellectual property. 7 MPG Poucr Market Intelligence I Policy Design License Allocations—Florida.v5 age. In general,the Oregon program is perceived as one that was fraught with uncertainty, leading to general discontent among industry members. Dispensary Economics—Minimum Effective Scale The Marijuana Policy Group has unique access to operating information for small and large vendors, both for medical and adult-use markets. The MPG can utilize their unique experience and insights to calculate—in a clear way—the so-called "minimum effective scale" required to sustain a medical cannabis operation. Clearly, cities and the state wish to have a well-organized and functional dispensary system, one that does not create negative incentives for failing operators. Approach: We use the State of Florida capture rate that was estimated above (1.21%)to illustrate some basic economics related to the dispensary licensees—and to compute the share of"failing" dispensaries under different scenarios. We find that in Florida under Amendment 2,the minimum effective scale is one dispensary for every 50,000 residents. However,given the risk associated with failing dispensaries, the "optimal" ratios is one dispensary for every 67,222 residents. If the estimated capture rate is used,then on average, each dispensary would serve either 813 patients using the 1:67,222 ratio, or 605 patients using the 1:50,000 ratio. Demand by Patients: Previous demand studies conducted by the MPG show that medical patients typically use cannabis on a near daily basis.Those consumers are estimated to demand 1.6 grams of flower(or its equivalent in non-flower products) per day of use.'The average use rate is 29 days per month.Thus,total demand by weight for these customers is expected to be 1.6 g per day * 29 days per month =44.6 grams of cannabis per month—or 1.66 ounces of cannabis per month. The average price of medical cannabis flower in Colorado is$5.05 per gram. Typically, medical cannabis is purchased in portions of 1 ounce at a time.' If the dispensary ratios are 1:67,222, then a typical dispensary will serve 813 patients, and these dispensaries can be expected to have average revenues of approximately$190,600 per month, under these assumptions. On average,the cost of wholesale cannabis inputs account for 50%of total sales value (i.e.,there is a 100% markup on product).'Thus, net revenues on average would be approximately$95,300 per month. While rent and payroll expenses can vary widely,we can make some basic assumptions in order to provide context and draw a line of profitability. 5 See"Market Size and Demand for Colorado" (2014), produced by MPG and commissioned by the Colorado Marijuana Enforcement Division. This study supplied a deep assessment of market demand (by weight)for cannabis flower. The study found that heavy users consume almost 3 times as much cannabis per day than irregular users. https://www.colorado.gov/pacific/sites/defau It/fi les/Market%20Size%20a nd%20Dema nd%20Study%2C%20J u ly%2 09%2 C%202014%5 B 1%5 D.pdf The price of illicit cannabis,according to"ThePriceofWeed.com"—a crowdsource site for product pricing,equals $7.92 per gram for medium quality cannabis in Florida. This price is expected to decline, as it did in Colorado, under a regulated market. 'The same logic applies to vertically-integrated firms,who grow and sell the product. These firms implicitly pay wholesale prices for their own cannabis, because they could have sold their product at the wholesale price.This is a well-known economic concept regarding implicit versus explicit pricing. Note:Results and findings are solely based upon MPG research. Quotations or citations of the report findings must include"The Marijuana Policy Group"as the original owner of this intellectual property. 8 MPGPOLICY Market Intelligence I Policy Design License Allocations-Florida.v5 Table 3:Example Accounting for Florida Dispensaries-by Population Ratio Cost and Profits: Typical Dispensary Operation Below Minimum Optimal Assumptions/Estimates: Minimum Dispensary Ratio: 1:50,000 1:30,000 1:67,222 Patient Capture Rate: 1.21% 1.21% 1.21% Number of Patients per Dispensary 605 363 813 Revenues and Costs: Total Estimated Revenues I $142,008 $85,205 $190,921 Costs COGS(Cost of Goods Sold) $71,004 $42,602 $ 95,461 Rent(or imputed rent) $15,000 $15,000 $15,000 Payrolls (including payroll taxes &insurance) $25,000 $15,000 $30,000 Utilities,cleaning,internet and other basic services $5,000 $5,000 $5,000 Accounting,legal,consulting,and professional services $6,000 $6,000 $6,000 Total Estimated Costs: $122,004 $83,602 $151,461 EBITA(Earnings before Interest,Taxes,and Amortization) $ 20,004 $1,602 $39,461 Income Taxes (assuming 280E Compliance) $19,881 $11,929 $26,729 Income Taxes (under regular conditions) $5,601 $449 $11,049 Net Profit(Monthly) Under280E $123 ($10,326) $12,732 Under Regular Conditions $14,403 $1,154 $28,412 *Source: MPG Calculations based upon state captures rates and spending profiles. Table 3 shows what a Florida state dispensary license holder can expect financially under various dispensary to population ratios. If there exists one dispensary for every 67,222 residents,then net profits after taxes (assuming the owner somehow maneuvers around certain applicable IRS regulations)8 are $31,896 per month on average, or$382,752 per year. Under Section 280E of the IRS Code, profits would be$211,392 for the year. In contrast, if the ratio were 1:30,000-then the license holder would lose approximately$120,000 under 280E, or earn just$13,212 under normal operating conditions. Profits are "normal" compared to the at-risk capital if the ratio is 1:50,000. In this case, annual after-tax profits would be$1,475 under Section 280E, and would be $172,835 under regular business conditions. 8 Section 280E of the IRS Code prohibits cannabis vendors from claiming any expenses,except for the cost of the cannabis product itself. For more information see: http://www.thedailybeast.com/articles/2016/02/18/feds-slap- 70-tax-on-legal-marijuana-businesses.html Note:Results and findings are solely based upon MPG research. Quotations or citations of the report findings must include"The Marijuana Policy Group"as the original owner of this intellectual property. 9 MPGPOLICY Market Intelligence I Policy Design License Allocations—Florida.v5 These profit estimates do not include the initial cost of investment, called "at risk capital".The initial investment expense to open a dispensary is expected to equal approximately$200,000, depending upon the location, building, staff,and licensing process. Dispensary Failure Rates Under Three Scenarios Under an allocation ratio of 1:50,000 residents,the MPG estimates that approximately 32%of the licensees will struggle or become unprofitable, and would present increased risks for enforcement and regulators. An allocation closer to the average among MPG's sample (1:67,222) results in slightly fewer dispensaries, as well as a higher success rate, effectively shifting the failure rate down from 32%to 13% (i.e. only 1 in 8 licensees fail). In contrast, if more licenses are permitted,then assuming the same capture rate, a higher share of those licensees must be failures, since the total spending on cannabis is effectively"capped" by the number of patients. For example, if a ratio of 1:30,000 is used, more than half of the licensees would be expected to fail or be in danger of failing. Under this regime,the average dispensary teeters between a gain of$1,039 per month if they do not comply with 280E,or a loss of $10,379 per month, if they comply. Only 39%of dispensaries are expected to be sustainable under this scenario, and 61%of dispensaries become "high risk"failing entities. Table 4 below shows the relative number of dispensaries under different allocation schemes: Table 4:Number of Dispensaries and Expected Failing Stores under different license allocation schemes. Dispensary Failure Rate Population Number of Failure Number of Ratio Dispensaries Rate Store Failures 1:30,000 676 61% 412 1:50,000 405 32% 130 1:67:222 302 13% 39 *Based upon 2015 Florida population,and MPG fail rate estimates. The expected failure rate is 61% under a 1:30,000 ratio. This rate falls to approximately one-third (32%) if fewer licenses are issued,to bring the dispensary population in-line with the state population (405 stores). Under this scenario,the number of failed stores falls from 412 to 130,for a 68% reduction in failed licensees. Under a ratio of 1:67,222,the failure rate falls to 13%, and the number of failed stores falls from 130 down to 39. The MPG believes that 1:67,222 provides an "optimal" balance between access of store locations and risks of store failures,given the estimated parameters for Florida, under passage of Amendment 2. It is also important to note that, because the six currently licensed organizations in Florida also offer statewide delivery, patients will have additional access to medicine (in addition to retail outlets). This suggests that rural and remote populations can still be served, in some manner, even when store density is not high. Regulatory Risks from Failing Dispensaries In general,the free market system is an effective mechanism that allocates resources to their best use. It rewards efficient operators and it eventually pushes inefficient or ineffective operators out of the market through closures or consolidation. Note:Results and findings are solely based upon MPG research. Quotations or citations of the report findings must include"The Marijuana Policy Group"as the original owner of this intellectual property. 10 MPGPOLICY Market Intelligence 1 Policy Design License Allocations—Florida.v5 The free market system works best for the sale and distribution of innocuous goods and services. But there are special risks and considerations when the market is a "Schedule 1" narcotic. Most of these risks are related to product diversion and crime.An itemized list of considerations is below: • Struggling cannabis vendors have an incentive to divert sales to illegal markets if they cannot compete in the regulated market. In order to survive, struggling operators are more likely to allow sales to unauthorized users or to divert some of their products for sale outside of the region, or outside of the state (ex-state diversion). • The diversion of cannabis to minors or to other states are listed as the Federal Government's "priorities and concerns" in relation to the state-level sale and distribution of cannabis products.These concerns are prominently described in the 2013 "Cole Memorandum." • Struggling vendors are less likely to pay for laboratory testing, for proper packaging, and for proper safety standards in the workplace. Profitable operators have an incentive to maintain their good-standing with state licensing agents, and are more likely to maintain higher levels of safety, quality-control, packaging, and monitoring, compared to poorly-funded organizations. • Tax compliance and promptness of payment for license fees are generally higher for well- funded and well-organized licensees, compared to struggling and near-bankrupt licensees.' Near-bankrupt operators have "less to lose" compared to profitable enterprises, and therefore are therefore less likely to comply with the rules and regulations. This effect has been documented in studies of entrepreneurial behavior and attitudes among small-business owners. • Until federal laws change, almost all cannabis dispensaries are cash-based operations.This raises the risk of crime and burglaries targeted toward dispensary locations.This, in turn, creates an incremental burden for local law enforcement and potential threats to public safety. Summary The passage of Amendment 2 will fundamentally alter Florida's medical cannabis program. City and county planners throughout the state will be faced with a number of decisions that will ultimately determine the success of medical cannabis operations in their respective communities.This report is intended to assist government administrators as they begin to consider cannabis dispensary licensing rules. MPG's recommendations, based on other medical cannabis states' experiences and data-driven economic analysis, provides Florida municipalities with a targeted rulemaking framework that will enable a well-functioning medical cannabis market. MPG's calculated "optimal ratio" of one dispensary per 67,222 residents(1:67,222) has been customized to Florida's specific patient population and regulatory structure. The ratio ensures that the majority of licensed medical cannabis dispensaries in Florida will have a sufficient medical patient customer base, based upon an estimated Capture Rate of 1.21%,to create a profitable business environment for licensed actors. Reducing the number of"at-risk"or failing medical cannabis licensees is imperative for creating a medical cannabis market that mitigates regulatory risk in the form of diversion and crime.The 9 See,for example: Kamleitner, et.al. (2012). "Tax Compliance of Small Business Owners:A Literature Review and Conceptual Framework," International Journal of Entrepreneurial Behavior&Research 18(3):330-351. Note:Results and findings are solely based upon MPG research. Quotations or citations of the report findings must include"The Marijuana Policy Group"as the original owner of this intellectual property. 11 MPG POuCY Market Intelligence I Policy Design License Allocations—Florida.v5 actions taken and rules enacted by city and county planners must be cautious, incremental, and should reflect the medical cannabis market unique to Florida, as the ultimate success or failure of the medical cannabis program is highly dependent upon the regulatory structure. Note:Results and findings are solely based upon MPG research. Quotations or citations of the report findings must include'The Marijuana Policy Group"as the original owner of this intellectual property. 12 ORDINANCE_-Cannabis Dispensing Businesses PREAMBLE WHEREAS, the Florida Legislature enacted legislation legalizing Cannabis for medical uses; and WHEREAS, future constitutional amendments and legislation may further expand the legal use of Cannabis in Florida; and WHEREAS, a comprehensive State licensing and regulatory framework for the cultivation, processing, and Dispensing of Cannabis exists; and WHEREAS the comprehensive State licensing and regulatory framework directs that the criteria for the number and location of, and other permitting requirements that do not conflict with state law or department rule for, Dispensing facilities of Cannabis Dispensing Businesses may be determined by local ordinance; and WHEREAS, Cannabis Dispensing Businesses licensed pursuant to the law have begun cultivating Cannabis for processing and Dispensing; and WHEREAS,potential adverse impacts on the health, safety, and welfare of residents and business from secondary effects associated with the distribution of Cannabis exist,potentially including: offensive odors,trespassing, theft, fire hazards, increased crime in and about the Cannabis Dispensing Business, robberies,negative impacts on nearby businesses, nuisance problems; and WHEREAS, certain of the above potential adverse impacts are accentuated by the current difficulties experienced by Cannabis Dispensing Businesses in obtaining banking services necessitating such businesses to operate on a cash basis; and WHEREAS,there exists the potential for misappropriation and diversion of medical Cannabis to non-medical uses, and; WHEREAS, an overabundance of Dispensing facilities can affect the viability of such facilities, result in compliance issues and increased regulatory costs, lead to the improper diversion of products, and accentuate threats to the public health, safety, and welfare; and WHEREAS, other jurisdictions have regulated the Dispensing of Cannabis by limiting the number of such Cannabis Dispensing Businesses to reduce threats to the public health, safety, and welfare; and WHEREAS,there is a need to adopt health, safety, and welfare regulations to avoid adverse impacts on the community which may arise from the distribution of Cannabis; and 4850-5630-5463.1 WHEREAS, other jurisdictions that allow Cannabis Dispensing Businesses have implemented effective regulatory and enforcement systems that address the adverse impacts that Cannabis Dispensing Businesses could pose to public safety, health, and welfare; and WHEREAS, an effective regulatory system governing the Dispensing of Cannabis, as provided in this Ordinance,will address potential adverse impacts to the public health,welfare, and safety consistent with Florida law; and WHEREAS, it is not the purpose or intent of this section to restrict or deny access to Cannabis as permitted by Florida law, but instead to enact reasonable restrictions intended to protect the public health, safety, and welfare; and WHEREAS,the [City/County] has determined it is in the public interest to adopt this Ordinance pursuant to the [City's/County's] police powers and section 381.986, as well as other applicable state laws and provisions of the Florida Constitution,to protect the health, safety, and welfare of the public; NOW THEREFORE,the following ordinance is adopted. Sec._-_-10. -Purpose and intent. The purpose of this Ordinance is to establish requirements that regulate Cannabis Dispensing Businesses in the interest of the public health, safety and general welfare and that ease the regulatory burden on the [City/County]. In particular,this Ordinance is intended to regulate the sale and distribution of Cannabis to ensure a supply of Cannabis to patients who qualify to obtain,possess, and use Cannabis, or any other use of Cannabis permissible under state law,while promoting compliance with other state laws that regulate Cannabis.Nothing in this Ordinance is intended to promote or condone the sale, distribution,possession, or use of Cannabis in violation of any applicable state law. Compliance with the requirements of this Ordinance shall not provide a defense to criminal prosecution under any applicable law. Sec. - -20. -Definitions. (1) The following words and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this Section: a. Applicant shall mean any person or entity that has submitted an application for a Certificate of Approval or renewal of a Certificate of Approval issued pursuant to this Ordinance. If the Applicant is an entity and not a natural person,Applicant shall include all persons who are the managers, officers, directors, contractual agents,partners, and licensors of such entity, as well as all members, shareholders, or Investors holding an ownership interest of 10%or more of such entity. b. Cannabis has the meaning given to it by section 893.02(3),Florida Statutes, and shall include all forms of medical Cannabis or low-THC Cannabis. 2 4850-5630-5463.1 c. Cannabis Dispensing Business or Business shall mean a business licensed to dispense Cannabis pursuant to applicable law and that is engaged in the retail sale of Cannabis or Derivative Products, but shall not include making deliveries of Cannabis or Derivative Products to the residence or business of an authorized individual, or to a health care facility, as permitted by other relevant ordinances and state law. d. Certificate of Approval shall mean a document issued by the Jurisdiction officially authorizing an Applicant to operate a Cannabis Dispensing Business pursuant to this Ordinance. A Certificate of Approval generally authorizes an Applicant to establish and operate a Cannabis Dispensing Business pursuant to this Ordinance, but does not authorize the Dispensing of Cannabis at any physical location within the Jurisdiction until a Premises Authorization, as defined herein,has been issued for such location. e. Compassionate Use Act shall mean section 381.986, Florida Statutes, and chapter 2016-123, Laws of Florida, as amended from time to time, and any rules or regulations promulgated thereunder. f. Cultivation or cultivate shall mean the process by which a person grows a Cannabis plant. g. Derivative Products shall mean products derived from Cannabis, including but not limited to, Cannabis oil or consumable products containing or derived from Cannabis. h. Dispensing shall mean the retail sales of Cannabis or Derivative Products at a Cannabis Dispensing Business, but does not include making deliveries of Cannabis or Derivative Products to the residence or business of an authorized individual, or to a health care facility, as permitted by other relevant ordinances and state law. i. Investor shall mean any person or entity entitled to share in the profits of the Applicant, or any Lender. The term shall not include any employees who share in the profits of the Applicant pursuant to an employee profit sharing program. j. Lender shall mean any person or entity who has provided funds to an Applicant with the expectation of receiving from the Applicant repayment or the receipt from the Applicant of anything of value. The term Lender shall include any person who owns, directly or indirectly, 20%or more of any entity which qualifies as a Lender, but does not include any bank, credit union, or other financial institution created under federal or state law. k. Jurisdiction shall mean [the City of / County]. 1. Operator shall mean the person or entity to whom a Certificate of Approval has been issued pursuant to this Ordinance. m. Premises Authorization shall mean a document issued by the Jurisdiction to the Operator, authorizing the Operator to conduct Cannabis Dispensing Business operations at a single, specifically approved physical location. No Premises Authorization may be issued to any individual or entity who does not hold a 3 4850-5630-5463.1 n. Certificate of Approval. Each Certificate of Approval authorizes the issuance of a single Premises Authorization at any one time, and any relocation of operations to a separate address shall require amendment of the Premises Authorization to authorize operations at the new location. o. State shall mean the State of Florida. (2) In addition to the definitions contained in Subsection (1), other terms used in this Ordinance shall have the meaning ascribed to them in the Compassionate Use Act, and such definitions are incorporated into this Ordinance by this reference. Sec._-_-30. -Approval authority created. There shall be and is hereby created a Cannabis Dispensing Regulatory Authority hereafter referred to in this Ordinance as the "Authority." Sec._-_-40. - Composition of the Authority. The Authority shall consist of[three] members appointed by the [City/County] [Manager/Mayor/Attorney] for a term of three years each. Sec._-_-50. -Functions of the Authority. (1) The Authority shall be responsible,pursuant to the Compassionate Use Act and this Ordinance, for granting or denying Certificates of Approval and Premises Authorizations, and shall have all powers of a county or municipal government as set forth in the Compassionate Use Act and any other applicable state laws. (2) The Authority shall have the power to: (i)promulgate rules and regulations concerning the procedures for any hearings conducted by the Authority; (ii)require any Applicant or Operator to furnish any relevant information requested by the Authority; and(iii) administer oaths and to require the presence of persons and the production of papers,books, and records at any hearing that the Authority is authorized to conduct. Sec._-_-60. - Certificate of Approval required; term of Certificate of Approval; renewal application. (1) It shall be unlawful for any person or entity to establish or operate a Cannabis Dispensing Business in the [City/County] without first having obtained from the State of Florida approval to do so pursuant to the Compassionate Use Act or any other relevant law,and having obtained from the [City/County] a Certificate of Approval, and having obtained from the [City/County] a Premises Authorization for the facility to be operated in connection with such business. Such Certificate of Approval and Premises Authorization shall be kept current at all times and shall be conspicuously displayed at all times in the premises to which they apply. The failure to maintain a current Certificate of Approval, or to maintain a current Premises Authorization for any location at which Cannabis Dispensing Business is conducted, shall constitute a violation of this Section. 4 4850-5630-5463.1 (2) Each Certificate of Approval issued by the [City/County] pursuant to this Ordinance shall specify the date of issuance,the period of licensure, and the name of the Operator. (3) Any Certificate of Approval issued by the Authority under this Ordinance shall expire three years after the date of its issuance. (4) Renewal of an existing Certificate of Approval shall be automatic for successive three year periods upon payment of required fees to the [City/County], as provided in the fee schedule adopted by the [City/County] from time to time. a. Within 30 days of the expiration date, and upon notice of renewal by the [City/County], each Operator shall pay a nonrefundable fee to the [City/County], as set forth in the fee schedule adopted by the [City/County] from time to time,to defray the costs incurred by the [City/County] for review of the application and inspection of the proposed premises, as well as any other costs associated with the processing of the application.Notice of renewal shall be provided to each Operator no less than 30 days prior to the renewal date of the Certificate of Authority. b. A notice of intent to revoke shall be issued to all Operators who have not remitted renewal fees within 30 days of the renewal date. Notwithstanding the provisions of Subsection(a), an Operator whose Certificate of Authority has been expired for not more than 90 days will be reinstated upon the payment of a nonrefundable late application fee, as set forth in the fee schedule adopted by the [City/County] from time to time. A Certificate of Authority shall be revoked if renewal fees have not been paid within 90 days of the renewal date. (5) Any Premises Authorization issued by the Authority under this Ordinance shall be deemed to expire on the date upon which the Certificate of Approval pursuant to which it is issued expires. Any Premises Authorization shall be deemed automatically renewed upon the renewal, as set forth herein, of the Certificate of Approval pursuant to which it is issued. (6) In the event a Certificate of Authorization is not renewed, it shall be noticed by the Authority as available and be subject to a new application process as set forth in Sec._-_- 75. Sec._-=70.—Application minimum requirements; payment of application fee. (1) An Applicant for a new Certificate of Approval, or an Operator seeking to change the ownership of an existing Certificate of Approval,pursuant to the Compassionate Use Act, any other applicable state law, and the provisions of this Ordinance, shall submit an application to the [City/County]. At the time of any such application, each Applicant shall pay an application fee to the [City/County], as set forth in the fee schedule adopted by the [City/County] Council from time to time,to defray the costs incurred by the [City/County] for review of the application, as well as any other costs associated with the processing of the application. 5 4850-5630-5463.1 (2) The Applicant shall include the following in its application to the [City/County]: a. Payment of the application fee as set forth in the fee schedule established by the Jurisdiction. b. If the Applicant is a business entity, information regarding the entity, including without limitation the name and address of the entity, its legal status and proof of registration with, or a certificate of good standing from,the Florida Secretary of State, as applicable; c. If the Applicant is an individual, government issued identification including name, address and photograph of the individual; d. Evidence of the State of Florida,Department of Health, Office of Compassionate Use's(or any successor agency of the State of Florida's)approval of the Operator to operate a Cannabis Dispensing Business pursuant to the Compassionate Use Act or any other relevant law; e. All documentation necessary to demonstrate compliance with the requirements identified in this Ordinance, including evidence that the Applicant continues to meet all requirements of section 381.986(5)(b)(1),Florida Statutes. f. All documentation the Applicant wishes to have considered for scoring purposes, including documentation demonstrating the Applicant meets the criteria detailed in Sec. - -75 of this Ordinance. (3) Upon receipt of an application,the Authority shall review and score the application pursuant to the scoring and review process established by Sec._-_-75 of this Ordinance. Sec._-_-75.—The Application Period and Scoring and Review of Applications. (1) The initial application period shall commence on the effective date of this Ordinance and shall close 30 days after the effective date of this Ordinance. Subsequent application periods shall commence upon certification by the Authority that additional Certificates of Approval are available and shall close 30 days after such certification. Such certification will be posted in a conspicuous location on a website to be established by the Authority. (2) The members of the Authority shall score and review each application pursuant to the criteria, and 100 point scale, detailed below. Members and Applicants may discuss their application at any time during the application process. Each application will be independently scored by Authority members. a. Previous retail dispensing experience in a regulated market in any state: 20 points i. Number of different retail dispensaries operated. ii. Total square footage of retail dispensaries operated. 6 4850-5630-5463.1 iii. Number of years of operating retail dispensaries. iv. Number of retail dispensary employees managed. v. Gross sales of Cannabis and Cannabis Derivative Products. vi. Number of different Cannabis strains and Derivative Products sold. vii. Retail dispensing licenses held in different states. viii. Previous infractions resulting in the revocation of any Cannabis license. ix. Experience with maintaining chain of custody and tracking mechanisms. b. Quality of Derivative Product offerings: 20 points i. Length of time Derivative Products you intend to dispense have been available in regulated markets. ii. Gross sales number of units of these Derivative Products previously sold in regulated markets. iii. Gross revenue derived from previous sales of these Derivative Products in regulated markets. c. Technical Ability: 10 points i. Review of standard operating procedures, operating manuals, policies, training modules, and procedures. ii. Training process. iii. Online ordering system. iv. Procedures for expediting ordering and/or providing for medically disadvantaged. v. Operational ERP (Enterprise Resource Planning) System. vi. Retail delivery system. vii. Point-of-sale systems and solutions. d. Qualifications of Security Team: 15 points i. Years of security experience with Cannabis dispensaries in a regulated Cannabis market. ii. Integration of security procedures and training into your vertically integrated operations. iii. All owners, Investors, and managers have successfully passed a Level 2 background check and have not been convicted of any felonies involving fraud, false representation, or distribution of Cannabis. e. Qualifications of Medical Director: 25 points i. Experience with epileptic patients; ii. Experience with cancer patients; iii. Experience with patients with severe seizures or muscle spasms; iv. Experience with terminal patients; v. Knowledge of the use of medical Cannabis for treatment of cancer or physical medical conditions that chronically produce symptoms of seizures or severe and persistent muscle spasms; 7 4850-5630-5463.1 vi. Knowledge of good manufacturing practices; vii. Knowledge of analytical and organic chemistry; viii. Knowledge of analytical laboratory methods; ix. Knowledge of analytical laboratory quality control, including maintaining a chain of custody; x. Knowledge of, and experience with,medical Cannabis CBD/low- THC extraction techniques; xi. Knowledge of medical Cannabis, including CBD/low-THC routes of administration; xii. Experience in or knowledge of clinical trials or observational studies; xiii. Knowledge of, and experience with,producing CBD/low-THC products; xiv. Experience with or knowledge of botanical medicines; xv. Experience with dispensing medications. f. Awards: 10 points i. Any awards,recognitions, or certifications received for expertise in Cannabis related businesses. (3) Prior to scoring applications the Authority shall review applications for compliance with this Ordinance,the Compassionate Use Act, or any other applicable law, and shall reject any application which does not meet such requirement. Rejected applications shall not be scored. The Authority shall also disqualify any application that contains any false or misleading information. (4) Within 30 days after the Authority's identified deadline for filing applications,the scores awarded by the members of the Authority for each Applicant shall be totaled and averaged for each Applicant. The Applicants shall then be ranked from highest to lowest based on the average scores awarded,with Certificates of Approval issued to the highest scoring Applicant, and proceeding to the next highest scored Applicant until all Certificates of Approval authorized pursuant to this Ordinance have been awarded. In the event of a tie in the rankings, the Authority shall by majority vote break the tie. (5) Challenges to the Authority's award decision shall be filed with the [City/County] Manager within ten days of the decision being challenged. The [City/County] Manager shall review the challenge and issue a decision dismissing such challenge or affirming such challenge. Challenges to the [City/County] Manager's decision dismissing or affirming such challenge shall be via a request for administrative hearing pursuant to Florida's Administrative Procedures Act, and must be filed within ten days of issuance of the decision being challenged. Petitions meeting the requirements of Florida's Administrative Procedures Act shall be referred to the Division of Administrative Hearings for a formal hearing, and issuance of a recommended order to the City/County. Within 15 days of issuance of a recommended order,the City/County will issue a final order. Sec._-_-80.—Issuance of Certificate of Approval. 8 4850-5630-5463.1 (1) Upon expiration of the challenge deadlines detailed in Sec._-_-75(5) if no challenge is filed,or upon issuance of a final order if a challenge is filed,the Authority shall issue Certificates of Approval as provided in Sec._-_-100 of this Ordinance. (2) A Certificate of Approval issued pursuant to this Ordinance does not eliminate the need for the Operator to obtain other required permits or licenses related to the operation of the Cannabis Dispensing Business including,without limitation, any development approvals or building permits required by this Code. (3) Amendment of a Certificate of Approval or Premises Authorization, as defined below, solely to change the location of a Cannabis Dispensing Business shall not be denied so long as all other conditions for the issuance of a Certificate of Approval have been met and the new location complies with all premises requirements set forth in this Ordinance and all applicable zoning requirements. (4) A Certificate of Approval or Premises Authorization may be transferred only to an entity which has been approved by the State of Florida,Department of Health, Office of Compassionate Use (or any successor agency of the State of Florida)to operate a Cannabis Dispensing Business pursuant to the Compassionate Use Act or any other relevant law, and who meets all other requirements of this Ordinance. Sec._-_-85. -Persons or Entities prohibited as Operators. No Certificate of Approval shall be issued to, held by, or renewed by any Applicant or Operator who fails to comply with the following Mandatory Requirements: (1) Maintain approval as a dispensing organization by the State of Florida, Department of Health, Office of Compassionate Use pursuant to the Compassionate Use Act, or any other applicable law. (2) Ensure no owner, Investor, or manager of the Applicant or Operator has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or has been adjudicated delinquent, and the record has not been sealed or expunged for, any crime enumerated in section 435.04(2),Florida Statutes, or any felony involving false representations or false statements, fraud, or money laundering. Sec._-_-90.—Confidential,Proprietary, Copyrighted, or Trade Secret Material (1) If an Applicant considers any portion of the documents, data or records submitted with its application to be confidential,proprietary,trade secret or otherwise not subject to disclosure pursuant to chapter 119, Florida Statutes, the Florida Constitution or other authority, the Applicant must mark the document as "Confidential" and simultaneously provide the Authority a separate redacted copy of its application and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy shall contain the name of the Applicant on the cover, and shall be clearly titled"Redacted Copy." The Redacted Copy should only redact those portions of 9 4850-5630-5463.1 material that the Applicant claims are confidential, proprietary, trade secret or otherwise not subject to disclosure. (2) If a request for public records pursuant to chapter 119,Florida Statutes, the Florida Constitution or other authority, is filed,to which documents that are marked as confidential are responsive,the Authority will provide the Redacted Copy to the requestor. If a requestor asserts a right to the Confidential Information,the Authority will notify the Applicant such an assertion has been made. It is the Applicant's responsibility to assert that the information in question is exempt from disclosure under chapter 119 or other applicable law. If the Authority becomes subject to a demand for discovery or disclosure of the Confidential Information of the Applicant in a legal proceeding,the Authority shall give the Applicant prompt notice of the demand prior to releasing the information(unless otherwise prohibited by applicable law). The Applicant shall be responsible for defending its determination that the redacted portions of its response are confidential,proprietary,trade secret, or otherwise not subject to disclosure. (3) If Applicant fails to submit a redacted copy of information it claims is confidential,the Authority is authorized to produce the entire documents, data, or records submitted to the Authority in answer to a public records request for these records. Sec._-_-100. -Numerical limit on Cannabis Dispensing Businesses. (1) The maximum number of Certificates of Approval in the Jurisdiction shall not exceed one for every 67,600 residents, as certified in the most recent census or periodic demographic studies conducted by the University of Florida. However, if a census or periodic demographic studies conducted by the University of Florida indicates a resident count of at least 50%of that required for issuance of a new Certificate of Authority, a new Certificate of Approval shall be authorized. For example: Residents Indicated Certificates of Authority Authorized 0 - 101,399 1 101,400— 169,000 2 169,001 —236,599 3 236,600—304,199 4 304,200—371,799 5 (2) A dispensing organization may hold more than one Certificate of Approval,but may not hold all available Certificates of Approval issued by the Authority if more than one are available. (3) In order to ensure that the population of the Jurisdiction has access to the best qualified dispensing organizations,while likewise maintaining competition in the Cannabis Dispensing industry within the Jurisdiction,when multiple Certificates of Approval are available Applicants shall be entitled to receive,upon request, up to the number of Certificates of Approval set forth in the below table, and shall identify in their application the number of Certificates of Approval that they are requesting: 10 4850-5630-5463.1 Number of First Ranked Second Ranked Third Ranked Fourth Ranked Certificates Available Applicant Applicant Applicant Applicant 1 1 0 0 0 2 1 1 0 0 3 2 1 0 0 1 4 2 1 1 0 5 3 1 1 0 6 3 2 1 0 7 4 2 1 0 8 4 2 1 1 9 5 2 1 1 10 5 2 2 1 11 6 2 2 1 12 6 3 2 1 13 7 3 2 1 14 7 4 2 1 15 8 4 2 1 16 8 4 2 2 17 9 4 2 2 18 9 4 3 2 19 10 4 3 2 20 10 5 3 2 If any Certificates of Approval remain available following the distribution of requested Certificates of Approval to Applicants in accordance with the above table, one Certificate of Approval shall be offered to each remaining eligible applicant, in declining order of rank, until all Certificates of Approval have been distributed. If, following the completion of such process, Certificates of Approval still remain available, one additional Certificate of Approval shall be offered to each Applicant, in declining order of rank, until all Certificates of Approval have been distributed. (4) If additional Certificates of Approval are made available,the Authority shall provide notice of a new application process conducted pursuant to this Ordinance. (5) Each Certificate of Approval authorizes the holder to operate a single licensed premises pursuant to an approved Premises Authorization. Sec. - -110.—Premises Authorization. After obtaining a Certificate of Approval, and prior to Dispensing Cannabis, an Operator shall select a location from which such Dispensing will occur, and provide notice to the Authority of the Dispensing location and request issuance of Premises Authorization for such location. Such request shall be provided a minimum of 10 days prior to the Dispensing of any Cannabis from the location, and shall identify the Certificate of Approval at issue, and the location from which Dispensing will occur. 11 4850-5630-5463.1 Sec._-_-115. —Zoning Requirements (1) Premises Authorization shall be granted for any location which complies with the requirements of this Ordinance and in which retail sales of any kind are permitted pursuant to applicable zoning or land use regulations, either as a principal or accessory use. (2) No Cannabis Dispensing Business shall be located within 250 feet of any public or private elementary,middle,or secondary school or house of worship. However, a Cannabis Dispensing Business does not violate this subsection and may not be forced to relocate if it meets the requirements of this section and a school or house of worship is subsequently established within 250 feet of the business. (3) For purposes of this Ordinance, measurements shall be made from the nearest property line of the school or house of worship to the nearest property line of the Cannabis Dispensing Business. If the Cannabis Dispensing Business is located in a multi-tenant building, the distance shall be measured from the nearest property line of the school or house of worship to the nearest line of the leasehold or other space actually controlled or occupied by the Cannabis Dispensing Business. The Cannabis Dispensing Business shall ensure security for Cannabis activities complies with state requirements. Sec._-=120. -Inspection of approved premises and issuance of Premises Authorization. (1) During business hours and other times of apparent activity, all approved premises shall be subject to inspection by the Chief of Police,the Fire Chief,the Building Official, County Sheriff, or the authorized representative of any of them, for the purpose of investigating and determining compliance with the provisions of this Ordinance and any other applicable state or local law or regulation. Such inspection may include, but need not be limited to,the inspection of books,records, and inventory. Where any part of the premises consists of a locked area, such area shall be made available for inspection,without delay, upon reasonable request. The frequency of such inspections shall not be unreasonable and shall be conducted in a manner to ensure the operation of the premises is not inhibited. (2) Cannabis may not be Dispensed pursuant to a Certificate of Approval until the Authority has caused the proposed premises to be inspected to determine compliance of the premises with any applicable requirements of this Ordinance and Code, and has issued Premises Authorization. (3) The Authority shall,within 10 days of receipt of a request for Premises Authorization, and after inspection of the premises to be utilized,notify the Certificate holder that it may begin Dispensing Cannabis at that premises and issue a Premises Authorization to the Certificate holder, or provide to the Operator written notice detailing the reasons the selected location does not comply with this Ordinance. Each Premises Authorization issued by the [City/County] pursuant to this Ordinance shall specify the Certificate of Approval pursuant to which it is issued, all information set forth on the Certificate of Approval, and the physical location of the premises approved, once such approval is received. 12 4850-5630-5463.1 Sec._-=125. -Requirements related to the premises. Cannabis Dispensing Businesses shall be subject to the following additional requirements: (1) All Cannabis or Cannabis Derivative products ready for sale shall be in a sealed or locked container or cabinet except when being accessed for distribution. (2) Only individuals authorized pursuant to Florida law may Dispense Cannabis, and such Cannabis may only be Dispensed to persons authorized pursuant to Florida law to receive Cannabis. (3) No Cannabis shall be Dispensed outside of the hours permitted by Florida law. However, Cannabis Dispensing Businesses may conduct administrative or delivery functions, including making deliveries of Cannabis or Derivative Products to the residence or business of an authorized individual, or to a health care facility, as permitted by other relevant ordinances and state law. (4) No unaccompanied minor may be Dispensed Cannabis unless otherwise authorized under state law. (5) The Cannabis Dispensing Business shall employ reasonable measures and means to eliminate odors emanating from Dispensing and shall properly dispose of controlled substances in a safe, sanitary and secure manner and in accordance with applicable laws and regulations. (6) After issuance of a Premises Authorization, an Operator shall not make a physical change, alteration or modification of the premises that would not comply with this Ordinance. Sec._-=130. - Signage requirements. All signage associated with a Cannabis Dispensing Business shall meet the standards established in this Code for signs. Sec._-_-135. -Nonrenewal, suspension or revocation of Certificate of Approval. The Authority may suspend,revoke, or refuse to renew a Certificate of Approval for any of the following reasons, after notice and opportunity to cure is given: (1) The Applicant or Operator, or his or her agent, manager, or employee, have violated, do not meet, or have failed to comply with, any of the terms, Mandatory Requirements as specified in Sec -_-85, conditions, or provisions of this Ordinance or with any applicable state law or regulation, only if such failure materially impacts the accessibility, availability, or safety of the Cannabis or Derivative Product. 13 4850-5630-5463.1 (2) The Authority shall provide notice of any of the above deficiencies accompanied by a 30 calendar day period in which to cure such deficiencies. Within 30 days of receipt of notice a notice of deficiencies,the Operator shall submit to the Authority a plan to correct such deficiencies. The Operator must execute the plan within 30 days of the date the plan was submitted to the Authority. If a plan is not timely submitted, or the plan is not timely executed, the Authority may take appropriate action. If any deficiencies are incapable of being cured,the Authority shall direct the Operator to take reasonable steps to ensure the deficiency is mitigated and does not pose a material threat to the public health, safety, or welfare. Compliance with such mitigation requirements shall constitute a cure of such deficiencies. (3) A Certificate of Approval shall be revoked and be available for issuance subject to the process outlined in Sec_-_-75 if Dispensing fails to occur within thirty-six months after the Certificate has been issued, except that the Authority may grant an extension of this requirement upon good cause shown. (4) Notwithstanding the foregoing, upon a finding by the Authority, for good cause shown,that the continued operation of the business presents an imminent and immediate grave threat to the public health or safety,the [City/County] may issue an emergency order directing the Operator to temporarily cease sales at that location pending resolution of the deficiency. Sec._-_-140. -No [City/County] liability; indemnification; no defense. (1) By accepting a Certificate of Approval and Premises Authorization issued pursuant to this Ordinance,the Operator waives any claim concerning, and releases the [City/County], its officers, elected officials, employees, attorneys and agents from, any liability for injuries or damages of any kind that result from any arrest or prosecution of business owners, Operators, employees, clients, or customers of the Operator for a violation of state or federal laws,rules, or regulations. (2) By accepting a Certificate of Approval and Premises Authorization issued pursuant to this Ordinance,all Operators,jointly and severally if more than one, agree to indemnify, defend, and hold harmless the [City/County], its officers, elected officials, employees, attorneys, agents, insurers and self-insurance pool against all liability, claims, and demands on account of any injury, loss, or damage, including without limitation claims arising from bodily injury,personal injury, sickness, disease, death,property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of the Cannabis Dispensing Business that is the subject of the Certificate of Approval and Premises Authorization. (3) The issuance of a Certificate of Approval and Premises Authorization pursuant to this Ordinance shall not be deemed to create an exception, defense, or immunity for any person in regard to any potential criminal liability the person may have under state or federal law for the cultivation,possession, sale, distribution, or use of Cannabis. Sec._-_-150. -Treatment of Existing Cannabis Dispensing Businesses. 14 4850-5630-5463.1 Notwithstanding anything in this Ordinance to the contrary, any Cannabis Dispensing Business operating in the Jurisdiction as of September 1, 2016, may continue operating at any retail locations from which the Cannabis Dispensing Business dispensed medical cannabis on or before September 1, 2016. Such Cannabis Dispensing Business shall be issued a non- transferable Certificate of Approval and non-moveable Premise Authorization, and shall be disregarded for purposes of Section 100 of this Ordinance. Such Certificates of Approval and Premises Authorization shall become void if the Cannabis Dispensing Business ceases retail operations. Sec._=-160. - Severability. If any provision of this Ordinance, or the application thereof to any person or circumstance, is held invalid,the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. 15 4850-5630-5463.1 GoodnerAngela From: Keith Bell <kbell@clarkpartington.com> Sent: Monday, May 8, 2017 8:07 AM To: FialaDonna; SolisAndy; SaundersBurt; TaylorPenny; McDanielBill Cc: 'Erik Kirk' Subject: RE: Medical Marijuana Regulation- Collier County Dear Commissioners, I wanted to follow up with you and see where the County was with respect to this matter. As predicted,the legislature did not give any guidance with respect to the issue of the number and location of dispensaries. In fact, as I am sure you are aware,the legislature did not even pass a bill. Accordingly,the Department of Health will handle the process of implementing Amendment 2 but nothing the Department does will impact the decisions the County needs to make. We remain steadfast in our belief that tying the number of dispensaries allowed to the number of eligible patients will help communities avoid the numerous pitfalls as laid out in the research I previously provided. Further, there is already a push for full legalization being made by John Morgan. You can read his latest tweets on the issue below. In my opinion,the last thing that the County needs is to have half a dozen medical marijuana treatment centers in the that automatically turn into recreational marijuana stores at some point in the future. This is just another reason why a limited and measured roll-out of the industry makes sense. If there is anything we can do to assist the County in its efforts, please do let us know. .ME 1. 1 ohn MorganVerified account @JohnMorganESQ May 6 One thing this all proves. #Marijuana needs to be legalized in Florida! Next Governor needs to make it a priority. � Ohn MOrganVerified account @JohnMorganESQ Let free enterprise sort this all out. Let freedom ring! ! #TippingPoint #Legalize Regards, Keith cp KEITH L. BELL, JR. Shareholder 106 E. College Ave., Ste. 600 Tallahassee, Florida 32301 0 (850) 320.6838 C (850) 261.0932 F (850) 597.7591 ciarkpartinaton.com I kbell@clarkr artinaton.com CLARK PARTINGTON From: Keith Bell Sent: Wednesday, March 29, 2017 1:28 PM To: 'DonnaFiala@colliergov.net; 'andysolis©colliergov.net; 'burtsaunders@colliergov.net'; 'pennytaylor©colliergov.net'; 'billmcdaniel@colliergov.net' Cc: Erik Kirk; Emily Lee Subject: Medical Marijuana Regulation- Collier County Dear Commissioners, I have had the opportunity to meet some of you, but not all of you. By way of a brief introduction to some and a reminder to others, I am attorney and lobbyist working on behalf of San Felasco Nurseries, one of the 7 facilities licensed to cultivate, manufacture and dispense medical marijuana in the State of Florida. Working with me on this project and copied on this email is Erik Kirk. Erik and I are following the medical marijuana issue closely and are working with a number of local governments, including Collier County, in an effort to promote safe, conservative and effective medical marijuana regulation. The model regulatory ordinance we are promoting is attached. This ordinance has been adopted in whole or in large part in Osceola, Glades and Sumter Counties and is under consideration in a number of other counties throughout the State. Also attached is the research from the Marijuana Policy Group that serves as the rationale for limiting the number of dispensaries operating in any given jurisdiction based on population. As discussed on a couple of occasions with some of you and also with your staff, we believe that this regulatory framework will ensure a structured and effective roll out of the medical marijuana industry. Further, because the structure of the ordinance is based on research gathered from the roll out of the medical marijuana industry in other states, it anticipates and acts as a counter-measure to a variety of potential issues that an unregulated medical marijuana market creates. We are aware that Collier County has passed a moratorium but we also understand that the moratorium is a temporary measure and that eventually, the issue will have to be substantively addressed. When that time comes, we hope to be a resource that you use in determining the direction the county will take. Should any of you ever have any questions about the matter, please do not hesitate to call. In the meantime, I am also attaching for your review a current comparison of the various bills that have been filed relative to medical marijuana that was prepared by the Florida Association of Counties, which you may find useful. Of note is the fact that regardless of which bill or combination of bills passes, the ultimate decision you are faced with now- how to regulate the location and number of medical marijuana dispensaries in your jurisdiction-will remain your decision. 2 Regards, cp KEITH L. BELL, JR. ria Shareholder 106 E. College Ave., Ste. 600 Tallahassee, Florida 32301 C3 (850) 320.6838 C (850) 261.0932 F (850) 597.7591 cmckpFirtirciton.com kbell@clarkoartington.com CLARK PARTINGTON 3 GoodnerAngela From: Pat Barton <patbarton.naples@gmail.com> Sent: Friday, May 12, 2017 6:31 PM To: Francis.Rooney@mail.house.gov Subject: Fwd: A Dramatic Change in the Legalization Landscape - AG Sessions' memo to US Attorneys Attachments: Sessions Letter to US Attorneys.pdf Dear Congressman Rooney, In light of our recent conversation (with Drug-Free Collier), I wanted to share this information I just received from a colleague in Drug Watch International, recognizing that you may already be aware of this information. I am sending it also to local county and our state elected officials for the purpose of information. We really appreciate your interest in this shared concern. Most sincerely, Bill and Pat Barton (Naples) Forwarded message From: Monte Stiles< Date: Fri, May 12, 2017 at 5:27 PM Subject:A Dramatic Change in the Legalization Landscape-AG Sessions' memo to US Attorneys To: Monte Stiles Friends, we have all been waiting and praying for something to happen in terms of federal enforcement of federal laws regarding drugs. Today, I am forwarding the best news I could possibly share regarding this issue. On May 10, 2017, Attorney General Sessions sent a memo to United States Attorneys directing them to follow all federal laws regarding charging and sentencing in federal investigations. This is a dramatic reversal from the position of former AG Eric Holder, and a return to rules and policies that reflect the law (including federal statutes and numerous Supreme Court decisions). 1 The attached letter from AG Sessions, is more valuable than I can possibly explain right now, but when you combine this letter with Session's statement to a law enforcement group in New York this morning, you get the following: In 2015, more than 52,000 Americans died from a drug overdose.According to a report by the New England Journal of Medicine, the price of heroin is down, the availability is up and the purity is up. We intend to reverse that trend. So we are returning to the enforcement of the law as passed by Congress—plain and simple. If you are a drug trafficker, we will not look the other way. We will not be willfully blind to your conduct. We are talking about a kilogram of heroin— that is 10,000 doses,five kilograms of cocaine and 1,000 kilograms of marijuana. These are not low-level offenders. These are drug dealers. And you're going to prison. See https://www.justice.gov/opa/speech/attorney-general-ieff-sessions-delivers-remarks-sergeants- benevolent-association-new-york Quite simply, the Attorney General is telling federal prosecutors to follow the laws of the land, both in terms of charging decisions and sentencing. Consistent with long-standing Department of Justice Policy before Holder,federal resources will be directed towards the most serious of violators, and there are no exceptions granted to states that have surrendered to the drug culture. Because virtually all of the pot manufacturing operations in the United States, and many dispensaries, fit into a mandatory minimum sentencing framework of 5-10 years in prison, large marijuana operations should be prepared to shut down or go to prison and have their property seized and forfeited. Goodbye tax revenues. Goodbye flagrant violations of law. A new sheriff is in town. This doesn't mean that massive raids will happen immediately, or that smaller pot operations will be targeted by federal resources at the beginning, but it does mean that we now have a clear idea of how this administration is going to deal with the commercial pot industry. Every part of that industry is illegal --from advertising, to distribution, to manufacturing, and all revenue collected through drug sales (even revenue that is conveniently rebranded as "taxes") is considered "drug proceeds" under federal law and is subject to forfeiture. There is much more to this story, and how it all plays out in the next few weeks and months will tell us a lot about specific DOJ plans, but this is awesome news to me. I hope that you will widely distribute this information to people in your circle of influence, including governments officials who currently support legalization in their states, or who are considering joining this ridiculous social, medical, economic, and legal experiment in the near future. More later. Monte www.drugwatch.org drug-watch-international@googlegroups.com You received this message because you are subscribed to the Google Groups "Drug Watch International" group. 2 To unsubscribe from this group and stop receiving emails from it, send an email to drug-watch- international+unsubscribe@googlegroups.com Furmoreophons' visithttps://Rvuups.gooA|e.com/d/optout. 3 Office of t4r. 1tterne r �t$I ingtztlt,11.( . 20,5$0 , ,ii i ,1 March 8, 2017 MEMORANDUM FOR ALL FEDERAL PROSECU�s�RS FROM: THE ATTORNEY GENERAL SUBJECT: Commitment to Targeting Violent Crime It is the policy of the Department of Justice to reduce crime in America, and addressing violent crime must be a special priority. With crime rates rising, this is not an easy task as all professionals know. But, we do have strong evidence that aggressive prosecutions of federal laws can be effective in combatting crime. Our Department's experience over decades shows these prosecutions can help save lives. Unfortunately,the most recent crime data available shows a 10.8 percent increase in the number of murders in this country, while federal prosecutions for violent crimes have been declining. This memorandum directs a focused effort by the Department's dedicated public servants to investigate, prosecute, and deter crime. Last week, I established a Task Force on Crime Reduction and Public Safety consisting of law enforcement agencies and Department representatives that will make specific recommendations to me on ways in which the federal government can most effectively combat violent crime in partnership with local, state,and tribal law enforcement. As a next step, I am today directing the 94 United States Attorney's Offices to partner with federal, state, local, and tribal law enforcement to specifically identify the criminals responsible for significant violent crime in their districts. Once identified, the United States Attorney's Offices must ensure that these drivers of violent crime are prosecuted,using the many tools at a prosecutor's disposal. To accomplish this goal, in all cases, federal prosecutors should coordinate with state and local counterparts to identify the venue (federal or state)that best ensures an immediate and appropriate penalty for these violent offenders. I know many of you are already employing these strategies, and I ask that you increase this effort to ensure that your process is achieving the results you seek. When it is determined that federal prosecution of these violent offenders is appropriate, federal prosecutors should use the substantial tools at their disposal to hold them accountable and ensure an appropriate sanction under federal law. Oftentimes the criminal statutes specifically Commitment to Targeting Violent Crime Page 2 designed to target violent crime will be most applicable. Those statutes include,but are not limited to: • 18 U.S.C. § 922 (firearms offenses,including possession and straw purchasing offenses); • 18 U.S.C. § 924(c) (possession of a firearm during and in relation to a violent crime or drug trafficking offense); • 18 U.S.C. § 1951 (Hobbs Act robbery); • 18 U.S.C. § 2119 (carjacking); • 18 U.S.C. § 1959 (violent crime in aid of racketeering); and • 18 U.S.C. §§ 1961-68 (Racketeering Influenced and Corrupt Organizations Act). Of course, federal prosecutors are not limited to using only these tools, and, in fact, statutes targeting other criminal acts may be equally effective. For example,many violent crimes are driven by drug trafficking and drug trafficking organizations. For this reason, disrupting and dismantling those drug organizations through prosecutions under the Controlled Substances Act can drive violent crime down. I encourage you to employ the full complement of federal law to address the problem of violent crime in your district. Further guidance and support in executing this priority—including an updated memorandum on charging for all criminal cases—will be forthcoming. By consistently identifying the leading violent offenders in our communities and employing all available tools to hold them accountable, we will combat violent crime. Thank you for your commitment to work aggressively toward this goal and for your service to the Department. GoodnerAngela From: Cindy Grossman <clgrossman2012@gmail.com> Sent: Sunday,July 9, 2017 1:00 PM To: SolisAndy Subject: RE: Medical Marijuana MUST be made available Follow Up Flag: Follow up Flag Status: Completed I am writing about Medical Marijuana, and specifically, the article in the July 9 Naples Daily News. I have acute chronic pain which has responded to no treatment except for opioids. I want to try legal marijuana, which I know has helped many others. Florida's citizens- including 64%of Collier County citizens, voted FOR medical marijuana to be available. The county's stalling tactics are not acceptable. Cmsr Saunder's comment stating concern about dispensaries that would not be financially viable is absurd. The government is not supposed to pick winners and losers. It certainly doesn't deny permits to any other type of retailer/restaurant/etc out of concern for its success. And pharmacies that are in financial trouble could sell opioids and other drugs to the black market just as much as marijuana dispensaries could - using Saunder's comment. Notably, states with legal medical marijuana sell far fewer opioids than states which ban it. And those states have far fewer opioid deaths. It is long overdue for the County to abide by the will of its citizens and support the health of its citizens, -- and as a bonus, reduce opioid use. 1 Page 1 of 1 Sent: Monday, July 10, 2017 at 2:34 PM From: "Daniel Cook" <DanielFrancis1620@gmx.com> To: DonnaFiala@colliergov.net Subject: Medical Marijuana in Collier County To Whom It May Concern, I am writing you today, to urge a vote for OPTION 2 in tomorrow's vote on medical marijuana dispenseries in Collier County. As you know, nearly 2/3rds of Collier County voters joined the millions of other Floridians who voted to legalize medical marijuana. It is my hope that you respect the will of the people on this matter. People in Collier County should have access to medical marijuana, especially considering that pharmaceutical drugs, tobacco, and alchohol are all currently available to the public. The people will be watching this vote closely. Rest assured that a vote against the will of the people will result in a strong grassroots effort against you in your next election. Sincerely, Daniel F. Cook http://bccvault01.bcc.colliergov.net/EnterpriseV ault/search/ContentV iew.as... 3/12/2018 Page 1 of 1 Good Afternoon Commissioners, My name is David Conway, and I am a resident of Collier County. I am also a mental health therapist in Collier County. I began my practice in Kalamazoo County, Michigan and then moved here a year ago. It is my understanding that 64.3% of voters in Collier County voted yes on Amendment 2. I am writing to show my support for those who prefer to have their mental health and physical health related issues treated with marijuana. I have had many clients over the years who have benefited from marijuana and were successfully treated for mental health issues like anxiety, depression, PTSD, and OCD. I have helped clients obtain legal access, under physicians care, to be treated with marijuana with great outcomes. Many of whom have tried the more traditional legal route of using pharmaceutical drugs with no relief, and oftentimes their symptoms increase. I also have family members who could not function without marijuana because their physical pain and emotional struggles are extremely debilitating. Marijuana gives them the quality of life they deserve. In my opinion, allowing people to choose their own medicine for their own bodies is the humane thing to do. I support those who choose to treat with marijuana and I am asking that you do as well. Thank you for your time and I know that this may not be the easiest decision to make, because I assume there will be backlash regardless of the outcome. Regardless of that, I am asking you to do the right thing in order to help people who are in desperate need. Sincerely, David S. Conway, LCSW http://bccvault01.bcc.colliergov.net/EnterpriseVault/search/ContentView.as... 3/12/2018 Page 1 of 1 Good Morning Commissioners, I am writing you today to urge you to heed the wishes of the 64.3% of Collier County voters who voted Yes on Amendment 2 last year. Please let the patients in our county have safe access to a medicine that gives them the relief they desperately need. Florida (and Collier County) voted for this Amendment because these patients are our neighbors, our friends and our family members. They are our children with epilepsy, whose little bodies are overcome with seizures. They are our elderly who suffer from cancer and glaucoma. They are our veterans who with are afflicted with Post-traumatic stress disorder. They are our friends and neighbors with Crohn's disease, Parkinson's disease or Multiple sclerosis that struggle in excruciating pain just to get through each day. They are the sick and the weak among us. These are our citizens who are crying out for help. The people heard their pleas and voted to change our constitution to allow our friends and family to have access to this medicine. We've stood together across political divides and party lines because this issue transcends age, race and creed. Please stand with us now and vote unanimously to publicly vet a Land Development Code Amendment that will permit medical marijuana dispensaries in the same zoning districts as pharmacies. There are counties all over the country that have been able to achieve this safely and successfully and we can do it here in Collier County. I beg you to think of our citizens that are suffering and not close your hearts to them. This is one the most important decisions you will make as commissioners and I beg you to chose compassion over bureaucracy. Thank you for your time. Rebecca Conway Sent from my iPhone http://bccvault01.bcc.colliergov.net/EnterpriseVault/search/ContentView.as... 3/12/2018 Page 1 of 1 Good Morning Commissioners, I am writing you today to urge you to heed the wishes of the 64.3% of Collier County voters who voted Yes on Amendment 2 last year. Please let the patients in our county have safe access to a medicine that gives them the relief they desperately need. Florida (and Collier County) voted for this Amendment because these patients are our neighbors, our friends and our family members. They are our children with epilepsy, whose little bodies are overcome with seizures. They are our elderly who suffer from cancer and glaucoma. They are our veterans who with are afflicted with Post-traumatic stress disorder. They are our friends and neighbors with Crohn's disease, Parkinson's disease or Multiple sclerosis that struggle in excruciating pain just to get through each day. They are the sick and the weak among us. These are our citizens who are crying out for help. The people heard their pleas and voted to change our constitution to allow our friends and family to have access to this medicine. We've stood together across political divides and party lines because this issue transcends age, race and creed. Please stand with us now and vote unanimously to publicly vet a Land Development Code Amendment that will permit medical marijuana dispensaries in the same zoning districts as pharmacies. There are counties all over the country that have been able to achieve this safely and successfully and we can do it here in Collier County. I beg you to think of our citizens that are suffering and not close your hearts to them. This is one the most important decisions you will make as commissioners and I beg you to chose compassion over bureaucracy. Richard Conover ')((((o>{ http://bccvault01.bcc.colliergov.net/EnterpriseVault/search/ContentView.as... 3/12/2018 Page 1 of 1 The referendum clearly indicated, by a substantial majority, that Florida residents want to have medical marijuana legalized. The Governor has created rules for opening dispensaries. The dispensaries are restricted to selling only to those with prescriptions for medical marijuana. It's unfortunate that you can't tax these sales but that is no reason to not approve their opening in Collier County. You have a duty to uphold the law. I hope you will see that this means you should vote in favor of the opening of dispensaries in Collier. Thank you for your consideration. Ronald Diorio 6510 Valen Way Naples, FL 34108 239 248 0078 http://bccvault01.bcc.colliergov.net/EnterpriseVault/search/ContentView.as... 3/12/2018 Page 1 of 1 Mr. Solis Just wanted to weigh in on the medical marijuana issue. It was voted on by the people and now it is time our legislators followed the will of the people. I'm afraid that this issue will have consequences from the voters in the coming elections so you may want to follow the voters direction. Hope all is well with you and your family. Respectfully, Tom Unsworth Unsworth,Marretta&Unsworth, Certified Public Accountants,LLC 3960 Radio Road,Suite 203 Naples,Florida 34104 239-649-8111 Tel 239-649-8214 Fax torn.unsworth@umucpa.com tunsworth3@comcast.net CAUTION:This communication is intended for the sole use of the individual to whom it is addressed and may contain information that is privileged,confidential,and exempt from disclosure under applicable law.If the reader of this communication is not the intended recipient,or the employee or agent for delivering the communications to the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication may be strictly prohibited. If you received this communication in error,please notify the sender immediately by telephone call,and delete the communication. SECURITY REMINDER -- SECURITY REMINDER--SECURITY REMINDER --SECURITY REMINDER Reminder:E-mail sent through the Internet is not secure. Do not use e-mail to send us confidential information such as credit card numbers,changes of address,PIN numbers,passwords,tax returns,or other important identity sensitive information.Your e-mail message is not private in that it is subject to review by the Firm,its officers,agents and employees-AND ANYONE WHO USES THE INTERNET. http://bccvault01.bcc.colliergov.net/EnterpriseVault/search/ContentView.as... 3/12/2018 Page 1 of 1 Commissioner Solis, I urge you to vote to BAN medicinal marijuana dispensaries in our county at Tuesdays meeting. The fact that Collier officials will not be able to limit the number of dispensaries,not be able to deny zoning to a dispensary,and won't be able to charge dispensaries more fees that a pharmacy,are reasons enough to keep them out of Collier county! With the amount of growth that we have seen in recent years,and looking ahead to future growth,we eventually could see these "pot shops"popping up everywhere!! Just look at other states that already have dispensaries,and ask yourself,is this what you want for Collier county? You have"the whole community at large to think about",not just a few. I've lived in Naples for 43 years,and I'm always very proud to say I live here. Our commissioners have done an amazing job and should continue to strive to keep Collier county the beautiful area that it is.Thank you for your time. Karen Rosen Naples,FI http://bccvault01.bcc.colliergov.net/EnterpriseVault/search/ContentView.as... 3/12/20 1 8 Page 1 of 1 Good Morning Commissioners, I am writing you today to urge you to heed the wishes of the 64.3% of Collier County voters who voted Yes on Amendment 2 last year. Please let the patients in our county have safe access to a medicine that gives them the relief they desperately need. Florida (and Collier County) voted for this Amendment because these patients are our neighbors, our friends and our family members. They are our children with epilepsy, whose little bodies are overcome with seizures. They are our elderly who suffer from cancer and glaucoma. They are our veterans who with are afflicted with Post-traumatic stress disorder. They are our friends and neighbors with Crohn's disease, Parkinson's disease or Multiple sclerosis that struggle in excruciating pain just to get through each day. They are the sick and the weak among us. These are our citizens who are crying out for help. The people heard their pleas and voted to change our constitution to allow our friends and family to have access to this medicine. We've stood together across political divides and party lines because this issue transcends age, race and creed. Please stand with us now and vote unanimously to publicly vet a Land Development Code Amendment that will permit medical marijuana dispensaries in the same zoning districts as pharmacies. There are counties all over the country that have been able to achieve this safely and successfully and we can do it here in Collier County. I beg you to think of our citizens that are suffering and not close your hearts to them. This is one the most important decisions you will make as commissioners and I beg you to chose compassion over bureaucracy. Thank you for your time. Jack S Morris AP http://bccvault01.bcc.colliergov.net/EnterpriseVault/search/ContentView.as... 3/12/2018 Page 1 of 1 Good Morning Commissioners, I am writing you today to urge you to heed the wishes of the 64.3% of Collier County voters who voted Yes on Amendment 2 last year. Please let the patients in our county have safe access to a medicine that gives them the relief they desperately need. Florida (and Collier County) voted for this Amendment because these patients are our neighbors, our friends and our family members. They are our children with epilepsy, whose little bodies are overcome with seizures. They are our elderly who suffer from cancer and glaucoma. They are our veterans who with are afflicted with Post-traumatic stress disorder. They are our friends and neighbors with Crohn's disease, Parkinson's disease or Multiple sclerosis that struggle in excruciating pain just to get through each day. They are the sick and the weak among us. These are our citizens who are crying out for help. The people heard their pleas and voted to change our constitution to allow our friends and family to have access to this medicine. We've stood together across political divides and party lines because this issue transcends age, race and creed. Please stand with us now and vote unanimously to publicly vet a Land Development Code Amendment that will permit medical marijuana dispensaries in the same zoning districts as pharmacies. There are counties all over the country that have been able to achieve this safely and successfully and we can do it here in Collier County. I beg you to think of our citizens that are suffering and not close your hearts to them. This is one the most important decisions you will make as commissioners and I beg you to chose compassion over bureaucracy. Thank you for your time. Elsa Grifoni Marco Island, FL http://bccvault01.bcc.colliergov.net/EnterpriseVault/search/ContentView.as... 3/12/2018 GoodnerAngela From: Jamie Cain <jamiescain@gmail.com> Sent: Tuesday,July 11, 2017 12:34 AM To: McDanielBill; SolisAndy; FialaDonna;TaylorPenny; SaundersBurt Subject: Cannabis Consideration Follow Up Flag: Follow up Flag Status: Completed Dear Commissioners, I am writing you to encourage you to continue with the LDC amendment research for appropriate development of MMTC's within Collier County and to discourage you from removing the availability of safe access to cannabis treatment for our aging and ill population through the use of any moratorium. The people have clearly spoken.With all due respect to Ms.Taylor and Mr. Saunders most recent comments in the NDN, it is the act of restricting safe access that will be what plays out in the black market, and representing the 106,027 voters who made known their wishes for safe access is job#1 on this issue. It is always surprising to me the dichotomy in our thinking between lab created medication vs. plant based medication. We have no problem with a pharmacy on nearly every corner and inside every grocery store.We have no problem permitting the availability of alcohol, beer and wine outlets in (generally) at least 5 different establishments on every main street corner around town,or cigarettes inside every gas station,grocery store and dime store, but a plant that has never caused a death is somehow going to ruin the beauty of our neighborhoods, corrupt our children,and destroy the peace of our neighbors. Do we even examine the reasoning behind our beliefs? I could give you tons of stats and over 24,000 medical publications on PubMed, 620 ongoing or recently completed studies on "marijuana"on ClinicalTrials.gov, another 113 studies on cannabidiol and 31 studies on extracts alone, but I will leave you with these few stats to consider: Data from the WHO and many other sources states that cannabis relatively"low dependence liability"compared to other substances or treatment: Caffeine has a 7%dependence liability, Cannabis has a 9%dependence liability, Alcohol has a 15%dependence liability, Tobacco has a 32%dependence liability, and Opioids has a 30%+dependence liability. These same studies show that cannabinoids possess no practical LD50 rating in humans: "The acute toxicity is very low. There are no confirmed cases of human deaths from cannabis poisoning in the world medical literature."World Health Organization What this and all the serious studies are saying is that cannabis possesses a remarkable safety ratio. Not only should Collier County provide the allowable outlets in state law to the citizens of Collier, but cannabis should be removed from all schedules.Why we ban one of the healthiest choices for medicine in the world is far beyond my imagination. All pharmaceuticals possess some very dangerous side effects: Opioids include addiction, overdose death,suicidal thoughts and arrhythmias Acetaminophen include liver damage and death NSAIDS include kidney failure, ED, ulcers, heart attack,stroke and death Benzodiazepines include amnesia, impaired motor control and death SSRI's include seizures, heart disease, liver damage,suicidal thoughts,tremors and tinnitus Cannabis'include dry mouth, dizziness and elevated mood. Cannabis and cannabinoids have the ability to act as both a palliative and a curative (modulating) medication. According to the NAS in 2017 cannabis is palliative in chronic pain, nausea, MS,epilepsy,gastrointestinal disorders and appetite. It is curative in Neurological and Autoimmune disorders, cancer, HIV, MRSA, Neurotoxicity and Neurotrauma. I came to California this summer to be educated on cannabis and to be legally and safely treated.The process was so clearly medical. I walked into a physician's office,gave him my medical records showing the white matter and damage that has occurred in my brain and body as a result of hemiplegic migraines and lupus. Within 2 hours I was on my way to a dispensary with a full recommendation and directions on how to treat myself. Within 4 weeks I went a full week without a brain damaging migraine. In 3 months I have had only 4 migraines and I have not lost the use of half of my body once since treatment began. In contrast, I never went a full day without a migraine in the 6 years previous. I was "intractable status migrainous."The real truth is, the medication I was given to "prevent"migraines(which it never did), Verapamil, caused me to have a heart block!Cannabis doesn't do that,yet it both has acted as a preventative and a migraine abortive for me. I can write again, I can read again,the tinnitus is nearly gone, I don't wake up in the middle of the night with stomach lurching, aura inducing migraine. I don't stand up only to realize my left side is paralyzed and fall on the ground! I don't have tremors, I don't stutter, I have my words back, my blood levels (sugar, cholesterol,disease markers and kidney and liver functions) have all improved, my heart block is gone, I have dropped 4 different dangerous medications, and I am currently on track to be valedictorian of my class. In Florida I had to risk my freedom in order to begin to be healed. In CA there are doctors who have been treating with cannabis for over 20 years. It's normal here and it is understood how to utilize the medication to get better. Oddly enough,you don't have to spend your life high,you get your life back! I will no longer stand quietly by knowing what I know about the capabilities of cannabis to improve the life of the chronically or terminally ill while others still have to go through the fear and the horror of having to be illegally healed. I sincerely hope you won't either. You are all very smart people. Please do the smart thing and do not ignore the wishes of your constituency. Allow cannabis to be a normal treatment for our law abiding patients. Thank you for your time. Sincerely, Jamie Cain "Marijuana,in its natural form,is one of the therapeutically active substances known to man. By any measure of rational analysis,marijuana can be safely used within a supervised routine of medical care."DEA Chief Administrative Law Judge Francis Young,1988 2 GoodnerAngela From: Adam Wright <adam.wright@winknews.com> Sent: Wednesday,July 12, 2017 11:43 AM To: SolisAndy Subject: WINK Inquiry Good morning, I'm contacting you because I am interviewing a Collier County resident this afternoon who is very disappointed in the County's vote yesterday to extend the ban on medical marijuana dispensaries. He suffers from a variety of ailments and was hoping to treat them legally with cannabis. He feels that the county is ignoring the will of the more than 70%of Florida voters who approved medical marijuana. What is your response to his sentiments? My deadline is 4pm. Thanks, Adam ADAM WRIGHT I REPORTER I 239.220.7770 I adam.wright@winknews.com 1 GoodnerAngela From: Ellen Fiedler <ellenlahm@hotmail.com> Sent: Tuesday,July 11, 2017 9:18 AM To: SolisAndy Subject: Medical Marijuana Dispensaries Follow Up Flag: Follow up Flag Status: Completed Dear Sir, 62%of Collier County voters,voted for medical marijuana.We did not intend to travel to another county to purchase our medicine. Do the right thing and vote for dispensaries in Collier County, or expect we will vote you out in the next election. Thank you, Ruth Fiedler 522 Charlemagne Blvd. Naples, FL 34112 Sent from my iPad GoodnerAngela From: Cindy Grossman <clgrossman2012@gmail.com> Sent: Friday,July 21, 2017 9:13 PM To: SolisAndy Subject: question - marijuana vote In spite of the following from the NDN: This is a constitutional right now,"Solis said. "To say that a county can opt out is like saying a county can opt out of free speech or bearing arms." you voted no regarding marijuana dispensaries. I dont' understand. Please explain. You must be aware that in states with legal medical marijuana, opioid use, overdoses and deaths have decreased markedly, and that only marijuana can cure or alleviate certain conditions, and that it's impossible to die from ingesting any amount of marijuana --and that Floridians have spoken, by a wide margin, to make this curative available to those who need it. I look forward to your reply. Thank you. Cindy Grossman 2671 Citrus Lake Dr#E301 Naples 1 GoodnerAngela From: Bill Barton <wlbarton39@gmail.com> Sent: Thursday,July 13, 2017 11:42 AM To: penny@pennytaylor.biz; FialaDonna; Bill Mcdaniel; Burt Saunders; SolisAndy Subject: decisions From the Desk of: Bill Barton July 13, 2017 To: Penny Taylor, Chair Donna Fiala Bill McDaniel Burt Saunders Andy Solis Subject: Commission decisions of July 11, 2017 Dear Commissioners, Just a note to commend you on your thoughtful discussion and action regarding the issue of marijuana dispensaries in Collier County. Certainly,there seems to be unanimity that the current state legislation intended to implement Amendment 2 is confusing and provides local legislative bodies little direction in their decision making deliberations. Delay of a decision was certainly appropriate. Be assured that I and others will continue to work with you and our state legislators/regulators to achieve a method of complying with the intent of Amendment 2 in ways that are best suited to all of our citizens. On another subject, I also commend your decision to avoid adding .25 mils to this years' budget for the purpose providing monies for Conservation Collier. Although I support the concept of continuing to acquire environmentally sensitive lands, your decision to delay the millage increase and direct staff to explore an alternative option of a 1 cent sales tax referendum, which revenues could include new funding for Conservation Collier, was a wise and prudent decision. Sincerely, Bill Barton 106 Moorings Park Drive C-203 Naples, FL 34105 (239) 641-7941 wlbarton39@gmail.com 2 �- R CCIIMG©_ JUL 18 2017 Patricia Bush, PhD By:A4_ C0 Professor Emeritus, Georgetown U School of Medicine I am a pharmacosociologist with my first degree Pharmacy at U. Mich. 1954 Year-rounder in Pelican Bay I want to comment about Medical Marijuana in Collier County. Voters supported it via a referendum. Are concerns about where and by whom it should be dispensed, and it being a "gateway" drug. I should like to dispel the latter immediately. The reason it is a "gateway drug" is because it is illegal. There is nothing anyone can have that can make them crave something they've never had. However, the person who is illegally selling someone marijuana can offer that person another illegal drug, perhaps on sale or even free to try. And that opens the gateway door. My primary concerns about selling medical marijuana are about where and by whom it will be dispensed. As a prescription drug, I think it should be dispensed by a pharmacist. But not just any pharmacist. That pharmacist should have available a computer software system that keeps track of consumer's prescriptions and possible side effects and interactions with other drugs and includes medical marijuana. That pharmacist should also provide a printed package insert (PPI) about the medical marijuana it dispenses as it does about other medicines. That pharmacist should be educated about medical marijuana and trained to be able to counsel consumers about it. Florida requires hours of continuing education for pharmacists to keep their licenses.A course on controlled substances is offered in Florida but I found no evidence on line that it includes marijuana. I am also concerned about efforts to limit medical marijuana to oral use. We know that some health problems, e.g., asthma, are treated best via inhaled medicines. Last year I visited Denver and unlike what I read in a Monday NDN letter, pot shops were not on every main street corner. I visited several. A small medical marijuana dispensing shop was next to a recreational marijuana shop. The one dispensing the medical marijuana was staffed by a well informed pharmacist who was licensed to dispense it. The recreational shop was staffed by a very well informed man who gave excellent advice about all the various marijuana containing items and equipment available. Both shops had printed material to hand out. I visited quite a large recreational marijuana shop. It had a very comfortable room showing a video about marijuana. I inquired and found staff in the adjacent room to be very well educated and informed about their products. Patricia J. Bush, Ph.D. it Professor Emeritus Georgetown University School of Medicine I Consultant&Author 6825 Grenadier Blvd,Apt.1405 Naples,FL 34108-7218 Tel: 239-3847111 bushpjwork@gmail.com GoodnerAngela From: GrecoSherry on behalf of TaylorPenny Sent: Friday,July 28, 2017 2:59 PM To: FialaDonna; SolisAndy; SaundersBurt; McDanielBill; OchsLeo Subject: ONE WAY COMMUNICATION - Amendment 2 - Medical Marijuana Attachments: celestephilipfloridasurgeongeneral.pdf Good afternoon, Attached is a letter mailed out from my office to the Florida Department of Health regarding Amendment 2 - Medical Marijuana. Have a good weekend. sicerry &eco Executive Coordinator to Commissioner Penny Taylor, District 4 239-252-8604 Fax 239-252-6393 SherryGreco@colliergov.net Click here to sign up for our District 4 newsletter Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 4,4 r tt. Board of Collier County Commissioners Donna Fiala Andy Solis, Esq. Burt L.Saunders Penny Taylor William L.McDaniel,Jr. District 1 District 2 District 3 District 4 District 5 July 28, 2017 Dr. Celeste Philip, MD, MPH State Surgeon General Florida Department of Health 4052 Bald Cypress Way Tallahassee, FL 32399 #A01 Subject: Amendment 2, Medical Marijuana Dear Dr. Philip: The citizens of Florida, by amending our state constitution, have determined that allowing the use of medical products derived from the plant marijuana may relieve the pain and suffering of a small percentage of our population afflicted with certain maladies. As one would expect,the Collier County Board of Commissioners is unanimous in their intent to comply with the terms of Amendment 2 and Florida's recently enacted law regulating the conditions under which those marijuana products may be distributed to Floridians whose health may be positively benefited by use of such products. In the same instance, some of my colleagues on the Collier County Commission have indicated a preference to adopt a method of distribution that avoids the need for the placement of medical marijuana dispensaries on the streets of our county. That is,to exercise the legal option to ban dispensaries as certain Florida counties and municipalities have already done. My thought on how to accomplish both of these objectives is through the establishment of a private sector dedicated delivery system, supplying registered patients delivery of their prescribed products directly from one of the State authorized distribution centers located, preferably in Collier County, or in neighboring Lee County. It is my thought that such delivery system will be of great benefit to those patients that are too ill to travel to a dispensary, convenient for others, and by the elimination of the overhead/profit component of local dispensaries, such delivery network would be cost effective to users. I understand that such delivery system is currently in use in parts of the state, specifically deliveries from the approved distribution center Truelieve, located in Pinellas County, with deliveries to recipients in Sarasota County. I am not aware of what rules, if any, regulate those existing delivery systems. 3299 Tamiami Trail East,Suite 303•Naples,Florida 34112-5746.239-252-8097•FAX 239-252-3602 The purpose of this communication is to request FDH to provide to my office any current rules regulating marijuana product deliveries, or, in the absence of such rules,to urge the FDH to promulgate new rules that take into account the recent legislation implementing Amendment 2. to accommodate those counties/municipalities that prefer to choose the legislative option to ban local dispensaries. Having such delivery rules in hand will greatly assist the Collier County Commission in determining the best course of action for Collier County. Your early response to this request will be helpful. Best 'egards, Penny Taylor Board of Collier County Commissioners, Chair District 4 Commissioner Cc: Mr. Christian Bax Office of Medical Marijuana Use 4052 Bald Cypress Way Tallahassee, FL 32399 Leo Ochs BCC Collier County Manager Collier County Board of County Commissioners Commission Donna Fiala, District 1 William McDaniel, District 5 Andy Solis, District 2 Burt Saunders, District 3 Guy Blanchette Drug Free Collier 3003 Tamiami Trail North Suite 303 Naples, Fl 34103 Bill Barton 106 Moorings Park Drive Apt C203 Naples, Fl 34105 Page 1 of 2 Collier County Commissioners, As a full time resident of Collier County I am concerned with the upcoming potential "Ordinance" regarding medical Marijuana dispensaries. I will disclose that personally I am not a user of marijuana either medically or recreationally, however, the law is the law and the citizen's of Florida have spoken. It is clearly a violation of state statutes to use Zoning as a tool to discriminate against legal commerce and the public's right to access to medication and care. This is a very slippery slope that can, and most likely will, invite litigation and cost us the tax payers money. I urge you to follow the law and the will of the people and to allow legal commerce to flow as is legally prescribed. To do otherwise is to allow your personal prejudices and fears to trump the law. Cordially, IE Hector C. Fernandez AIA NCARB USGBC Principal I Architect Miami Office 8950 sw 74 ct. suite 2201 miami, florida 33156 786.206.9895 x120 off Marco Island I Naples Office 950 n. collier blvd. suite 400 marco island, florida 34145 239.330.8124 x120 off 786.513.0686 fax 786.315.6764 direct www.hfarchitect.net http://bccvault01.bcc.colliergov.net/EnterpriseVault/search/ContentView.as... 3/12/2018 Page 2 of 2 www.marcoarchitect.com http://bccvault01.bcc.colliergov.net/EnterpriseVault/search/ContentView.as... 3/12/2018 GoodnerAngela From: Bill Barton <wlbarton39@gmail.com> Sent: Friday, October 6, 2017 4:19 PM To: TaylorPenny; FialaDonna; Burt Saunders; Bill Mcdaniel; SolisAndy Subject: Fwd: Fidelity National Title Co. info Commissioners, I thought this information might be of interest to you. Bill https://mutualfundreform.com/fidelity-title-insurance-to-block-coverage-of- cannabis-properties/ Fidelity National Title Group, a subsidiary of Fidelity National Financial, the largest title insurer in the world, has issued an underwriting bulletin to its agents in 28 states to not insure any land used "for the production or distribution of marijuana." According to the memo issued June 29, 2017 by Fidelity National Title, the company's Chief Underwriting Counsel said that properties in the 28 states "that have in some capacity legalized cultivation, distribution, manufacture or sale of marijuana products" will not be insured by Fidelity. The bulletin instructs its agents and people in company operations to include the following language in every title commitment that the company issues in the 28 states. This underwriting bulletin (coded as Fidelity National Title Insurance bulletin 2017 RC-05) states: "Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company (Fidelity) is not able to close or insure any transaction involving Land that is associated with these activities." On its web site, Fidelity National Financial describes itself as "the nation's largest title insurance company through its title insurance underwriters - Fidelity National Title, Chicago Title, Commonwealth Land Title, Alamo Title and National Title of New York - that collectively issue more title insurance policies than any other title FI DELITY NATIONAL company in the United States." T.I T k E CROUP ai The bulletin recommends that if a title company sends out a "welcome" package or instructions before closing that it should include a similar statement saying the land will not insured. The bulletin also says "the sooner we indicate our unwillingness to insure, the better all around." In effect, the bulletin can affect the purchase and sale of undeveloped land, commercial properties, retail stores, and houses, where marijuana has been used even in states where it is legal. In effect, the bulletin and denial of title insurance means that many properties will not be financeable in a real estate transaction. When a commitment letter is sent to a purchaser, the Fidelity underwriting bulletin means a seller and buyer of real estate have to sign an affidavit attesting that the property was not used for any purposes related to cannabis activities. The bulletin was issued because the company said it did not want to discover at the actual closing event that the property "is used or intended for such purposes," which would then resulting declining the title insurance coverage. If the statement is sent to buyers before the closing Fidelity said "it should make it easier to decline earlier in the transaction and put the burden of disclosure on the parties to the transaction." Impact on Cannabis-Related Real Estate Reaction to the Fidelity underwriting bulletin was strong. One title insurance executive said the memo "sounds like a game changer" in terms of how cannabis- related properties can be bought and sold. He also speculated that the company may have been acting in response to federal pressure to stop the expansion of the cannabis industry in states where it has become decriminalized. The title insurance executive said "this can be a way to shunt this title insurance business to a subsidiary or the re-insurance industry at a much higher cost for title insurance or to use an indemnity policy. In a Linkedln post on March 2017, prior to the issuance of the Fidelity underwriting bulletin, attorney Michael J. Moore, citing an earlier 2016 article written by Vince Sliwoski, wrote "in states that have legalized the plant so far, title insurance companies set up a specific exception in their policies which 2 excludes coverage over governmental actions, such as civil and criminal forfeiture of property under the federal Controlled Substance Act. Failure of the purchaser to disclose its intended use of the property may result in the title insurance company denying liability on a claim relating to property forfeiture because of the marijuana activity on the property. It is recommended that a buyer disclose their intended use of the land. Otherwise, the title company has an argument not to pay on claims." Moore also said "many title insurance companies have refused to act as an escrow agent for those transactions, because of the uncertain legalities involved. They have refused to handle the transfer of funds and closing documents. Some companies will not get involved in any aspect of the closing process, while others may provide a facility for the settlement of the transaction and issue a title insurance policy. Without title companies providing escrow services, the parties to a transaction must locate neutral third parties to perform the service." While the insurance industry, including life, auto, home, have addressed claims and procedures in states where cannabis is legal or decriminalized, the real estate title insurance directive has more significant and expensive implications. The Fidelity underwriting directive, however, takes the decision to not insure title for cannabis-related properties to a new level and one that may have been developed at the behest of federal authorities. www.drugwatch.org drug-watch-international@googlegroups.com You received this message because you are subscribed to the Google Groups "Drug Watch International"group. To unsubscribe from this group and stop receiving emails from it, send an email to drug-watch- international+unsubscribe@googlegroups.com. For more options,visit https://groups.google.com/d/optout. 3 GoodnerAngela From: Nick Garulay <nick@myfloridagreen.com> Sent: Thursday, October 26, 2017 7:07 AM To: SolisAndy Subject: Fwd: Upcoming educational symposium for Medical Marijuana Regards, Nick G. MY FLORIDA GREEN 239.307.5307 The information contained in this transmission may contain privileged and confidential information, including patient information protected by federal and state privacy laws. It is intended only for the use of the person(s) named above. If you are not the intended recipient,you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. From: Nick Garulay Sent:Wednesday, October 18, 2017 5:44:00 PM To: BillMcDaniel@colliergov.net Subject: Upcoming educational symposium for Medical Marijuana Dear Collier Country Commissioners, I hope this message finds you well. My name is Nick Garulay and I spoke at your last meeting regarding the proposed ban on Medical Marijuana treatment centers (AKA Medical Marijuana Dispensaries). To refresh your memory, I was the extremely animated and passionate individual that spoke about the opioid and heroin epidemic we are facing here in S.W. Florida. I own a Medical Marijuana office here in Naples that facilitates Medical Marijuana cards both qualifying patients and physicians licensed with the Office of Medical Marijuana use. This past August,The Florida Weekly posted a front page article stating there were 607 opioid overdoses in the last 7 months documented in Lee county alone.That's 87 people per month, 3.3 people per day.We all know an article like that would be devastating for Collier County, but we should agree that we have a serious epidemic on our hands in SW Florida and we must work together as a community to be part of the solution and not the problem. According to record, 60%of voters who are registered in Collier County voted YES on Amendment 2. With over half of our residents in favor of Medical Marijuana, I would hope we can work together to enable patient access of this natural alternative to synthetic medicine and that killed NO ONE EVER in history. In efforts to properly educate licensed physicians and qualifying patients, we are hosting an educational symposium for patients and physicians right here in Naples at the Hilton. Please see the link below. Please consider this a personal invitation to our event, Cannabis Speaks!The speakers are some of the industry's leading pioneers and medical professionals who are extremely knowledgeable about medical cannabis (aka medical marijuana). 1 Looking forward to seeing you soon and if you'd like to be in touch with me personally for coffee, I am always available on my personal cell 239 269 7713. Regards, Nick Garulay MY FLORIDA GREEN 239.307.5307 MY FLORIDA MEDICAL MARIJUANA MADE EASY af The information contained in this transmission may contain privileged and confidential information, including patient information protected by federal and state privacy laws. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. 2 GoodnerAngela From: Cindy Grossman <clgrossman2012@gmail.com> Sent: Monday, November 27, 2017 10:53 AM To: SolisAndy Subject: Fwd: my Sept letter,thank you. I am beyond dismayed at the new delay in marijuana dispensaries, which you voted for. Below is the letter that I sent to the NDN, and which was published a few days ago, about medical marijuana. Unlike opioids and liquor, it is not possible to die from a marijuana overdose. Marijuana is a legitimate medication which saves lives. I just met yet another person with such a story; due to pain, his mother had been drugged out of her mind from morphine for years, and not able to get out of bed; barely aware of what was going on.Thanks to marijuana, now she is a fully functional person, who has dropped from 400 to 200 pounds. No more morphine. The cultural bias against marijuana is unfounded. Much if it is ginned up by drug manufacturers, which dont' want their opioid profits to drop further as more states legalize marijuana, at least for medical use. The County's ban is unreasonable and unfair to patients who need this medication to be more easily available. Home delivery is expensive. It also makes it much more difficult for patients to adjust their dosage as needed, as doctors only make recommendations; there are no hard rules as there are for other Rx's.Taking marijuana for a medical condition requires a learning curve. CPD or THC or a combination? Tincture or capsules or other form of ingestion? How much? Marijuana already is expensive, as it's not covered by insurance.The County is making it even more expensive, and harder to get, and harder to use. Marijuana is no more harmful than alcohol. It's certainly less harmful than opioids. Given the enormous concern about the opioid epidemic, I would think that the County would be embracing marijuana, instead of fighting it. The State will drag its feet forever.There is a DPH "Guideline" which tries to diminish the statute by eliminating chronic pain as a qualifying illness, even though the statute is crystal clear in naming chronic pain as a qualifying illness. Among other State stalls. I was willing to go along with the last County vote for a "temporary" ban; but at this point, it's time to stop delaying. Florida's citizens spoke, loudly, on this issue. Sheldon Adelson and his ilk lost. Big Pharma lost. I hope that you will change your position on this issue, which affects people in the most personal of ways. Thank you. Cindy Grossman 2671 Citrus Lake Dr#E301 Naples My letter to the editor follows: It's clear to me that writers of letters opposing legal medical marijuana are lucky enough to not know anyone who has needed it. Examples: children suffering from seizures which only marijuana can alleviate; cancer patients suffering from chemotherapy-caused nausea; and people suffering from various types of acute chronic pain which only marijuana can alleviate. While opioids, other drugs, and various non-drug interventions, can and do help many patients, they don't help all patients. And opioids, other drugs, and surgeries, present risks of addiction, death, and other uncomfortable or dangerous side effects. Studies show that marijuana helps many conditions which other drugs don't, and without the adverse side effects. A former cancer patient told me that the "watered-down" marijuana pills provided by his doctors didn't help his unbearable chemotherapy-caused nausea, and he was forced to buy illegal marijuana, which did cure his nausea. No one who is so ill should have to bear such a burden or incur such a risk; nor should his/her family. Studies show that in states with legal medical marijuana, opioid sales have dropped dramatically. Moreover, as opioid sales drop, so do overdoses and deaths from overdoses. And, it's not possible to die from a marijuana overdose. Big Pharmacy opposes medical marijuana because it hurts opioid sales. But more and more patients and their families, who know the truth about the benefits of medical marijuana, continue to fight for the right to use this relatively inexpensive, and relatively harmless, drug. Florida's citizens have spoken, and it's long overdue for our State and local governments to make medical marijuana available to those who want it. Please contact your County Commissioners and State legislators. Cindy Grossman, Naples 239 325 9625 2 GoodnerAngela From: Bill Barton <wlbarton39@gmail.com> Sent: Tuesday, December 12, 2017 1:35 PM To: TaylorPenny; SolisAndy; FialaDonna; Bill Mcdaniel; Burt Saunders; BrockMaryJo Cc: Guy Blanchette; Ana Dimercurio; Lisa Gruenloh; Beth Jones; Kimper, Susan;veora little; Allen Weiss; Pat Barton From the Desk of: Bill Barton December 12, 2017 To: Penny Taylor, Chair, Collier County Commission Andy Solis, Vice Chair Donna Fiala Bill McDaniel,Jr. Burt Saunders Leo Ochs, County Manager Subject: Marijuana (MJ) Dispensary delay Dear Commissioners, I and a cadre of other of your Collier County constituents applaud your board's collective action today in extending the moratorium on MJ dispensary approval in Collier County. We, like you, believe that the state legislation enacted in last year's legislative session dealing with this issue was flawed in multiple ways. First, the law virtually eliminates any home rule on the subject of number and location of dispensaries. Second, it appears to create more problems than it solves, i.e. controlling the number of dispensaries allowed within jurisdictional regions which include multiple counties, but no direction as to the distribution of those facilities within those individual counties (cities). Third, the law does not speak to alternative means of distribution of product, such as home delivery.There is a group of individuals interested in this issue that offer our assistance and input on how the state law can be improved, and we are willing to present our thoughts to our local state legislative delegation, as we are sure Collier County intends to do. There is a group of individuals interested in this issue that offer our assistance and input on how the state law can be improved, and we are willing to present our thoughts to our local state legislative delegation, as we are sure Collier County intends to do. To that end, it would seem most effective if we are able to agree on and promote a mutual line of thought when approaching state legislators. Certainly, it would seem most effective if Collier County were to take the lead in such effort, and if invited we are eager to participate in those discussions. Please advise how such a collective effort can best be initiated. Most Sincerely, Bill Barton Email copies: Guy Blanchette, Drug Free Collier Ana Dimercurio Lisa Gruenloh Beth Jones, CCSO Susan Kimper Veora Little Allen Weiss, NCH Pat Barton 2 GoodnerAngela Subject: Rich Yovanovich, Francesca Passidomo, David Genson from Barron Collier, re: medical marijuana moratorium Location: BCC Office Start: Fri 10/13/2017 2:00 PM End: Fri 10/13/2017 2:30 PM Recurrence: (none) Meeting Status: Meeting organizer Organizer: SolisAndy Required Attendees: Andrew I. Solis (ASolis@cohenlaw.com) Categories: Commission Chambers Good morning, Rich, along with David Genson from Barron Collier, would like to meet with the Commissioner to discuss the cannabis moratorium. Available dates: Wednesday October 11th from 3:00-5:00 Thursday October 12th 11:30—3:00 Friday October 13th 9:00, 1:00—5:00 Monday October 16th 9:00—3:00 Thank you. Dianna Quintanilla CYK Legal Assistant to Richard D. Yovanovich, Esq. The Northern Trust Building 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 P: 239.435.35351 F: 239.435.1218 C O( MA N YOVANOV1CH KOESTER douintanillaAcyklawfirm.corn Visit cvklawfirm.com to learn more about us. 1 .1a s 5,rir`0 Trusted & Verified • Both Dianna Quintanilla and Coleman,Yovanovich&Koester,P.A.,intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please notify Leanne Formosa immediately at dquintanilla@cyklawfirm.corn or call(239)435-3535,and permanently dispose of the original message. 1 2 GoodnerAngela Subject: Dr. Allen Weiss, NCH &Veora Little, Drug Free Collier Location: BCC Office, 3299 Tamiami Trail East, Suite 303 Start: Fri 7/7/2017 11:15 AM End: Fri 7/7/2017 11:45 AM Recurrence: (none) Meeting Status: Meeting organizer Organizer: SolisAndy Required Attendees: Andrew I. Solis (ASolis@cohenlaw.com) Categories: Commission Chambers Re: proposed marijuana ban (on 7/11 agenda) 1 tasimmi 400, i rnr. r aftik [ MARIJUANA" 7.41. „oft. The Myth of "Medical Marijuana" First published 201E In the United States, medications must be FDA-approved. Marijuana is not. More than a dozen states and the District of Columbia have legalized the use of marijuana for medicinal purposes, but under federal law, marijuana remains illegal. So—is marijuana medicine?The short answer is NO. However, some of the chemicals found in marijuana have been developed into medications, and 47. more medications may be on the way. ,� ' fx*ct. To understand why marijuana is not medicine, it helps to know how medications fi . are approved in the United States. - The FDA Testing Process All medicines in the United States must be approved by the Food and Drug ' ,. , 114111.11111114111.11111 Administration (FDA). The FDA is the government agency that is responsible for _ making sure that medications are safe and effective AND that their likely benefits are greater than any possible harmful effects. This requires careful scientific testing. If a drug doesn't meet FDA standards, it will not be approved and cannot be prescribed or sold as medicine in the United States. Why isn't Marijuana an FDA-Approved Medication? Marijuana comes from the plant Cannabis sativa. it contains more than 400 different chemicals—many with unknown effects—which differ from plant to plant. For something to be a medicine, it must have well-defined and measurable ingredients that are the same each time a person takes a dose. That means one pill has to have the same amount of medicine as the next. This way, a doctor can determine what dose to prescribe and how often a patient should take it. Also, marijuana has harmful effects, especially when it is smoked, that must be considered. Smoking marijuana can cause a chronic cough and increased risk o bronchitis and other lung infections. it can also interfere with learning and memory, affect driving (especially if combined with alcohol), make some people anxious and paranoid, and can lead to addiction. Why Do Some People and States Consider Marijuana to Be Medicine? Some of the ingredients in marijuana, such as THC (delta-9•tetrahydrocannabinot), have medicinal effects. And some people get relief from symptoms of their illnesses by smoking marijuana. However, There is no such using marijuana as medicine does not make it medicine. It has not gone through the FDA approval `: thing as "medical- process to show that its benefits outweigh its risks. grade marijuana." The marijuana sold as"medicine"in FDA-Approved Medications Made From THC dispensaries is the Although marijuana is not medicine, there are some medications that do contain THC. Marinol® is same as marijuana synthetic (i.e., human-made)THC made into a pill. It is FDA-approved to relieve nausea and vomiting I sold on the street in cancer patients undergoing chemotherapy. It is also used to reverse severe weight loss in patients 1 and carries the same with AIDS. health risks. Another medication, Sativex®, is a mouth spray made from a combination of two ingredients from the marijuana plant (THC and cannabidiol). Sativex®has been approved in Canada and the United Kingdom to relieve cancer pain and symptoms of multiple sclerosis and is currently going through FDA testing in the United States. New medications that act on the cannabinoid system (where the THC in marijuana acts)are being developed to treat a variety of symptoms, but with fewer side effects than smoked marijuana. Read "The Science of Marijuana(/articles/the•science-of- marijuana/)" to learn more about THC and the cannabinoid system. Almost everyone has used a prescription medication to help treat or cute an illness.In fact.about 4 billion prescriptions were filled in the United Stales in 2010.Few people.however.know that r it can take more than 15 years and as much as$2 billion for a new drug to go from the research fah to a patient's medicine cabinet.So what's the path front testing to approval? L I • 1 A Drag that �-- GOA qty.-4 its at;proval. rs m,ufe.n a Wttcrata•or a thee the rid casteit e.tratted Irani a plant „,./;:',' t f ,,fit cal be m 1 ieled un alogots a%erica ul testi It ,,,,,,,,i) irittyt and physic/.rs<.+n to had'it!now d*trim ��1 i It/1177 ' t%1'1 r'I Cs c d ty »acre it ails in the twthi, o /,_ I 42,4 to patients wteihtr d Is tat 4'(harntfuti. If • and how tong it iClrCs for the - 4r 7 '5 holy to brral it down „"€ ' ` 8 ' 01111- ih•S warn un three p"+ttre. 1 arA •PHA S£i:the dtuq is tested,n , 20 to 100 ftrailhl.People 1'a t.t+d t out how d affects hurnvn rt it's T e Jn:y ttr.+naaq � sa'r aril at what dosesthensabmits its e .PHASE 2:How Itdint;.s done test res.,-0ts(torn t'-„ but in teverat iwndred peap'e none 01.cai tests and JJ Based on the druq`s w+th the specdi:disease or three phases of ch.,:t: safety and other condi!,on that the drug is tot:•ot test"to the t PA r nf°oration obtained to treat.This is to lind cut 4 the Stud esmust short front rend mien drug is sate and effective,and al the drug+t s de and itstusu inn r nA -,. mhat lancet that ds bine! S ., mar grant ft •PHASE 3:Testing it dose nt thni..gh is h•i;t. {Mem S}+Oa fcr ' i ra:trundled to several Ise f r•at C+rhe the dtuq 10 ! J/ thousand people Adh the Stsccil C 1pptovca / be tested+n irh'`Ziy� Jrease or umthhon HT tlmy n I h mans. '�t({� �7 .rteoded to treat ft,=.it to p•a.t• I1 II 7{t'' yN'J" the drug has the'n!enaed effect. *T���"" ants to MAMA it it Itos t-dr e'fe:tt that would+Tse its i.,e.. For additional facts about marijuana and other drugs, visit teens.drugabuse.gov (http://teens.drugabuse.gov). Important Resources • For immediate help with a crisis, call 1-800-273-TALK. • To locate a treatment center, call 1-800-662-HELP or visit http://findtreatment.samhsa.gov (http://findtreatment.samhsa.gov). : , J t iStockphoto Printables Download a print copy of: NIDA10-INS3_Stu Mag.pdf(http://headsup.scholastic.com/sites/default/files/block/images/NIDA10-INS3_Stu%20Mag.pdf) EFFECTS OF MARIJUANA Marijuana's Effects on the Brain • Learning and memory.The hippocampus plays a critical - role in certain types of learning.Disrupting its normaly functioning can lead to problems studying,learning new /` k �it,, things, and recalling recent events.A recent study z - i,� "` �K< ,, followed people from age 13 to 38 and found that those 0't , who used marijuana a lot in their teens had up to an 8 f. tom . r point drop in IQ. Coordination.THC affects the cerebellum,the area of our brain that controls balance and coordination.These effects can influence performance in such activities as sports,driving,and video games. • Judgment.Since THC affects areas of the frontal cortex involved in decision making, using it can cause you to do things you might not do when you are not under the Effects on influence of drugs. Marijuana's E School and Social Life • Reduced school performance.The effects of marijuana on attention,memory,and learning can last for days or ` weeks.These effects have a negative impact on learning t and motivation. • impaired driving. Marijuana affects a number of skills required for safe driving—alertness,concentration, 4. coordination,and reaction time. Marijuana makes it hard • ,, ` to judge distances and react to signals and sounds on L, 4 +- is . the road. High school seniors who smoke marijuana are 2 iC"Te/ = , z times more likely to receive a traffic ticket and 65%more �, ; f , { " likely to get into an accident than those who don't aP. . smoke. „-" x -- • Potential gateway to other drugs.Those who use tY ,.rte;.:".7,4,E.1..44 marijuana,alcohol,or tobacco during their teen years are ' „ x more likely to use other illegal drugs. Exposure to K' ° �'tt:S " .- addictive substances,including marijuana, may cause changes to the developing brain that make other drugs more appealing. as .,,: ` COALITION yr"F': FOR A DRUG-FREE �: .. .. Marijuana Prevention in Teenagers 11.7%of high school students in Lee County drove a vehicle a er smoking marijuana in the past 30 days and 26%have ridden in a car with a driver under the influence of marijuana in the past 30 days Delta - 9 Tetrahydrocannabinol(THC) is the main chemical component of marijuana.THC affects - 33.6%of high school students have used marijuana in one's thinking, memory, problem solving skills, their life me,and 20.7%have used it in the past 30 days coordination, and perception. • According to research,smoking marijuana can lead to anxiety,panic attacks,depression,paranoia,and suicidal thoughts • Teens who frequently smoke marijuana are 4 times more likely to commit a violent act and 5 times more likely to Short Term effects of Marijuana use: steal • Increased appetite Research shows that when people who regularly use • Light headedness marijuana try to quit,they have withdrawal symptoms including cravings,decreased appetite,nervousness, • Drowsiness irritability,stomach pain,aggression,anxiety • Decrease of inhibitions(common with Marijuana smoke deposits 4 times more tar in the lungs alcohol use as well) and contains 50-70%more cancer causing substances than tobacco smoke • Much of the marijuana marketing done today is aimed at high school students • In Lee County,marijuana can be easily accessed through Long Term effects of Marijuana use: family and friends or is easy to find to purchase • Inability to remember things, multitask,and • In Lee County from 2010 to 2013,arrest charges for pay attention marijuana use have increased by 11% • Fertility issues such as decreased sperm count in men; delayed ovulation in women • During the 2013-2014 school year,25 middle school students in Lee County were arrested for marijuana • May develop respiratory issues(similar to possession at school smoking tobacco)such as mucus build up k The National Institute on Drug Abuse(NIDA)reports that in the lungs,coughing,and bronchitis marijuana affects the part of the brain responsible for • Decrease in the immune system ability to memory,learning,a en on,and reaction time fight off infection According to Opera on Par,the local methadone clinic, 99%of its clients who use marijuana say they began • Increase in depression and anxiety using it as a teenager,many with their parents If you need information on treatment and where you can find it, please visit www.drugfreeswfl.o rg The Doctor Is In:The opioid epidemic: The risks of painkillers far outweighs the benefits Page 1 of 1 The Doctor Is In: The opioid epidemic: The risks of painkillers far outweighs the benefits Allen Weiss,Citizen Contributor Published 12:54 p.m.ET July 6,2016 I Updated 12:54 p.m.ET July 6,2016 The statistics are proof that the country is experiencing an opioid epidemic. •Deaths from prescription-opioid overdoses have quadrupled over the past 15 years. •An estimated 19,000 are dying yearly from narcotic painkillers including hydrocodone,oxycodone,morphine and fentanyl. •Deaths occur across all age groups,socio-economic status and ethnicities. Sadly,opioid abuse is not a new or novel problem.Opioid use for pain management has swung back and forth several times over the past 100 years, with many famous physicians becoming'hooked'or seduced by the addictive properties. There is no other class of medications routinely used for nonfatal conditions that has the potential to kill patients so frequently.One of every 550 patients started on an opioid therapy dies of an opioid-related cause a median of 2.6 years later.The statistics are dose-related and worsen with higher doses. The prevalence of opioid dependence may be as high as 26 percent among patients in primary care receiving opioids for chronic non-cancer-related pain,according to a recent New England Journal of Medicine Perspective.Mental illness patients are at higher risk,but otherwise risk is not predictable. The effect of opioid abuse on the brain and body depends on specific receptors in the brain,spine and other organs in the body.The opioids attach to these receptors and reduce the perception of pain and create a false sense of well-being known as euphoria.However,this class of medications also produces drowsiness,mental confusion,nausea,constipation and other undesirable side effects. The euphoric effects combined with the addictive properties,which mean larger and larger doses to obtain the same results,exacerbates the opioid epidemic we are now experiencing.Patients who are already on opioids are less likely to have good pain control in general.Studies of postmenopausal women with recurrent pain conditions who are on opioids are less likely to have an improvement in pain and have worsening function,presumably due to potentiated pain perception. The Centers for Disease Control and Prevention(CDC)has shared three key principles which underline 12 recommendations for using opiods for chronic pain.It can be viewed online at www.cdc.govimediafdpk/2016ldpk-opioid-prescription-guidelines.html. First and foremost,physicians should avoid prescribing narcotics whenever possible except for palliative or end-of-life care.Non-opioid therapy for acute or chronic pain—such as exercise therapy,weight loss,psychological therapies such as cognitive behavioral therapy,nonsteroidal anti-inflammatory drugs,and antidepressants—can all be effective and are much safer. Second,when opioids are used,the lowest possible dose for the shortest time with limited number of pills prescribed is best for all concerned.'Start low and go slow'will avoid problems and save lives. Third,what should be foremost on the minds of both physicians and patients is very close monitoring of patients with a plan to withdraw or at least lower the dose of narcotics while substituting non-addictive therapies. Management of chronic pain is an art and science.For most patients,the serious and too-often-fatal risks of opioids outweigh the benefits. Allen Weiss,MD,MBA,FACP,FACR,is the president and CEO of the NCH Healthcare System. Read or Share this story:http://nplsne.ws/29yzHzl http://www.napiesnews.com/story/news/local/communities/coli i er-citizen/2616/07/06/the-doctor-is-in-the-opioid-epidem ic-the-ri... 7/7/2017 The Doctor Is In:As Florida reconsiders medical marijuana,reflect on Colorado's experience with po Page 1 of 2 The Doctor Is in: As Florida reconsiders medical marijuana, reflect on Colorado's experience with po Allen Weiss,Citizen Contributor Published 12:00 a.m.ET May 5,20161 Updated 12:00 a.m.ET May 5,2016 A proposed constitutional amendment to allow medical use of marijuana in Florida will be back on the ballot in November.A similar measure narrowly failed in 2014.With that in mind,I thought it would be instructive to look at Colorado's experience with marijuana. Physicians,as sources of credible public health information,have a responsibility to share both potential risks and unexpected consequences of legalization of marijuana. Marijuana has had a complex effect on the health of the citizens of Colorado,according to a recent article in the Journal of the American Medical Association. Colorado's state constitution was amended in 2000 to allow the use of medical marijuana by patients with'chronic debilitating medical conditions.' Federal law in place at the same time prohibited the possession or distribution of marijuana until 2009.With the liberalization of the federal laws and the lucrative financial incentives associated with medical marijuana,the number of licensed sellers increased from under 5,000 in 2008 to more than 115,000 in 2014. In November 2012,Colorado's state constitution allowed for the use of recreational marijuana and opened a floodgate of activity.Two classes of sellers were created—medical and retail.Medical sellers have no minimum age for consumers and are restricted to residents of Colorado.Retail sellers can sell to anyone from anywhere over the age of 21. In November 2014,there were 497 medical marijuana dispensaries and 292 retail outlets in Colorado. The easy access to marijuana has led to exacerbations of chronic health conditions,particularly mental health disease.It is difficult to fully quantify the worsening of psychosis,anxiety,depression and other mental health diseases,but easy access to marijuana and other narcotics makes a bad condition worse.Without question,the combination of marijuana plus alcohol increases the risk of motor vehicle accidents more than either substance used alone. Emergency room treatment for marijuana intoxication was rare in Colorado until the laws changed.Now patients appear in emergency departments with anxiety,panic attacks,public intoxication,vomiting and other symptoms of marijuana use. Safer medications are already on the market for all medical uses for marijuana.Ameliorating the side effects of cancer and chemotherapy can be accomplished without medical marijuana.The same is true for glaucoma and seizure disorders. But the financial rewards for marijuana purveyors are astounding,which I'm sure contributes to their tenacity. The unforeseen harm with the increased production and distribution of marijuana includes burns,cyclic vomiting syndrome and potential overdoses by ingesting marijuana in edible forms. The extraction of the active ingredient THC in marijuana(tetrahydrocannabinol)uses butane as a solvent,and many purveyors have experienced significant flash burns.Cyclic vomiting syndrome—which presents with severe abdominal pain,vomiting and unusual sweating*is now also more prevalent. Smoked marijuana reaches a peak between 30 and 90 minutes,whereas the edible form peaks at 3 hours.This delayed effect from the oral form can seduce a user into ingesting additional amounts due to the delayed reaction—and thus can lead to an overdose. One of the worst unforseen negative outcomes is children inadvertently ingesting edible THC in the form of cookies,candy(gummy bears)or baked goods. Overdosing,widespread distribution,impairment of cognitive function,addictive potential,loss of self-control and worsening of mental illness are all negative influences of marijuana. The only reason that I see that medical or recreational marijuana is being pushed by a small group is for financial gain,which can be huge for the producers,sellers and distributors. Let's stay informed as the election approaches and as we consider the welfare of our entire community. Allen Weiss,MD,MBA,FACP,FACR,is the president and CEO of the NCH Healthcare System. http://www.naplesnews.com/story/news/local/comm unities/col l i er-citizen/2016/05/05/the-doctor-i s-in-as-florida-reconsiders-me... 7/7/2017 Canadian Centre • • on Substance Use and Addiction • Evidence.Engagement.Impact. Report at a Glance Collisions i• • Estimating the • Harmss in the CanadianProvindes After alcohol,cannabis is the most widely used psychoactive substance in Canada and cannabinoids are among the most common psychoactive Psychoactive Substances substances found in dead and injured drivers in Canada (Beasley& Psychoactive substances Beirness,2011; Brubacher et al., 2016). In 2012,approximately 10%of are substances that Canadians aged 15 and older used cannabis and just under half of those change brain function reported driving within two hours of using it(Health Canada,2012). and result in changes in However,there remains a lot that we don't know about the extent and how people who take costs associated with driving under the influence of cannabis (DUIC).As them think and feel. Canada is poised to introduce legislation to regulate cannabis,conversations on the harms related to cannabis and driving are becoming increasingly relevant. Purpose This study, "Estimating the Harms and Costs of Cannabis-Attributable Collisions in the Canadian Provinces," is one of the first in Canada to address knowledge gaps about the costs associated with DUIC. Led by CCSA,the study was produced by Ashley Wettlaufer, Roxana 0. Florida, Mark Asbridge, Douglas Beirness,Jeffrey Brubacher, Russell Callaghan, Benedikt Fischer,Gerrit Gmel,Sameer Imtiaz, Robert E. Mann,Anna McKiernan and Jürgen Rehm. It estimates: • The number of people in each province who were killed or injured in a motor vehicle collision (MVC) in which a driver was DUIC, or involved in a property-damage-only(PDO)crash in which one of the drivers was DUIC; and • The total economic and social costs associated with collisions in which cannabis use was involved. The study results will help to inform policies and practices aimed at reducing harms related to DUIC. Description of the Study Roadside Surveys To achieve these goals,data were collected from national self-report To determine the pre- surveys and roadside surveys.The data were used to estimate the valence of driving under prevalence of DUIC by age and province. the influence of drugs, researchers collect The number of people involved in fatal, injury-only or PDO collisions due to voluntary breath and oral cannabis use was estimated using this prevalence data in combination fluid samples from a with information on the risk of a MVC as the result of DUIC.Overall costs random sample of drivers. were determined by applying cost values developed using Ontario data to They test the samples for the number of collisions estimated to have been the result of DUIC. the presence of cannabis and other drugs. . Canadian Centre on Substance Use and Addiction •Centre canadien sur les dependances et l'usage de substances Page 1 ft_ Collisions Attributable to Cannabis:Estimating the Harms and Costs In the Canadian Provinces Key Findings Collisions resulting in fatalities, injuries and property damage were especially high among those aged 16-34: • 16-34 year olds represented only 32%of the Canadian population, but 61%of the cannabis- attributable fatalities; • 16-34 year olds also disproportionately represented 59%of the cannabis-attributable injuries and 68%of the people involved in cannabis-attributable PDO collisions; • Those 34 years old and younger accounted for approximately$658 million (60%)of the total costs attributable to MVCs related to DUIC. The highest costs were associated with fatalities, accounting for more than 58%of the costs.While less than the costs related to fatalities, injury costs and costs related to PDO collisions were also significant. Table 1:Estimates of the number of victims and associated costs of cannabis related collisions for 2012 Deaths,Injuries and Cost per Incident($) PDO victims(n-) Death 75 8,532,200 Injury 4,407 84,600 PDO 7,794 10,700 Estimated cumulative cost$1.09 billion* *Due to rounding this number will not reflect the same number as adding up all the incidents and associated costs. Limitations Costs and harms are likely higher than estimated for the following reasons: • Minor cannabis-related collisions(those resulting in injury not requiring medical attention or in property damage under$1,000)were not included in the analysis. • Only collisions reported to police or requiring admission to hospital were included. • Findings did not account for the dose-dependent effects of cannabis and therefore did not account for the possibly increased risk of MVC when higher concentrations of cannabis are present in the body. Data Limitations • The data used were from a single year(2012),so they do not reflect trends in cannabis use, DUIC or relevant policy and enforcement practices over time. • There is limited data on the provincial prevalence of cannabis use and DUIC, and costs and estimates of DUIC were based on the data that was available. Canadian Centre on Substance Use and Addiction •Centre canadien sur les dependences et l'usage de substances Page 2 • • {• Collisions Attributable to Cannabis:Estimating the Harms and Costs In the Canadian Provinces Implications Cannabis impairs the skills needed to safely operate a motor vehicle(Beirness& Porath-Waller, 2015)and has clear impacts on collision risk. However, many people who use cannabis believe it is safe to drive under its influence.As the Canadian government moves to regulating cannabis, it should consider the harms and cost of cannabis-related collisions Policy • This study can serve as a benchmark estimate of the harms and costs associated with DUIC across the provinces prior to the legalization of cannabis in Canada. • Per se laws specify that it is an offence to operate a vehicle with a concentration of drugs in the body in excess of a specified threshold value. Canada could consider a per se law for cannabis use as legislation is developed to legalize it for non-medical purposes. Research • This study fills the gap for baseline data on the social and economic cost of DUIC; however, jurisdictional roadside data would help refine these estimates. • To conduct future research, cost-estimate data at the jurisdictional level should be more widely available. Prevention • Findings from this study show the highest rates of MVC due to DUIC are among those aged 16- 34, which underlines the need for prevention campaigns targeting this age group. • Prevention efforts should highlight the effects that cannabis has on the body and the brain,and the risk of driving after using. To Learn More Access the full report, published in the peer-reviewed journal, Drug and Alcohol Dependence. Find related reports on the Drug-Impaired Driving page of the Canadian Centre on Substance Use and Addiction website, including the following reports: • Oral Fluid Drug Screening(Policy Brief) • Drug Per Se Laws (Policy Brief) • Drug-Impaired Driving Toolkit Use the Information Request page to ask to be added to our distribution list.Join the conversation online to help create a healthier society,free of the harms of substance use, by following @CCSACanada. ISBN 978-1-77178-397-2 ©Canadian Centre on Substance Use and Addiction 2017 CCSA was created by Parliament to provide national leadership to address substance use in Canadian Centre Canada.A trusted counsel,we provide national guidance to decision makers by harnessing the power of research,curating knowledge and bringing together diverse perspectives. • on Substance Use Oand Addiction CCSA activities and products are made possible through a financial contribution from Health • Canada.The views of CCSA do not necessarily represent the views of the Government of Canada. Canadian Centre on Substance Use and Addiction •Centre canadien sur les dependences et l'usage de substances Page 3 v• Collisions Attributable to Cannabis:Estimating the Harms and Coats In the Canadian Provinces kietereoPCOS Beasley, E.E., & Beirness, D.J. (2011). Drug use by fatally injured drivers in Canada (2000- 2008). Ottawa, Ont.: Canadian Centre on Substance Use and Addiction. Beirness, D.,& Porath-Waller,A. (2015). Clearing the smoke on cannabis:cannabis use and driving—An update. Ottawa, Ont.: Canadian Centre on Substance Use and Addiction. Brubacher,J.R., Chan, H., Martz,W., Schreiber,W.,Asbridge, M., Eppler,J. ... Brant, R.F. (2016). Prevalence of alcohol and drug use in injured British Columbia drivers. BMJ Open, 6(3), e009278. Health Canada. (2012). Canadian Alcohol and Drug Use Monitoring Survey(CADUMS). Ottawa, Ont.:Author. Canadian Centre on Substance Use and Addiction •Centre canadien sur les dependances et 1'usage de substances Page 4 GoodnerAngela Subject: Bill Barton, Veora Little, Lt.John Pulling of CCSO: Medical Marijuana Dispensaries Location: Orange Blossom Start: Fri 12/1/2017 10:00 AM End: Fri 12/1/2017 10:15 AM Recurrence: (none) Meeting Status: Meeting organizer Organizer: SolisAndy Required Attendees: Andrew I. Solis (ASolis@cohenlaw.com) - Confirmed location 11/29/17 - Left message 11/17/17 re: rescheduling this meeting - 641-7941 1 Commissioner Andy Solis, Esq. Scanned Records Cover Sheet Date Material Received: \ 1 Received From: o ---k 1asJ0 VJ 1 • cod \'Or Description: CrV1Med --1)\ 90vv.ccir - S r`*s COLLIER COUNTY SHERIFF'S OFFICE '; LIEUTENANT JOHN POLING William L. "Bill" Barton,P.E. sl ! J ' 106 Moorings Park Drive t,r + ti ORGANIZED CRIME DIVISION C-203 VICE&NARCOTICS BUREAU Naples,FL 3,4.4-0'2 34 t 05 CANINE UNIT 3319 Tamiami Trail E.,Naples,FL 34112 office 239-252-0443 cell 239-253-4895 239-641-7941 0882@colliersheriff.org wlbarton39@gmail.com www.colliersheriff.org COMMUNITY•SAFETY•SERVICE Thoughts on Medical Marijuana(MJ) Dispensaries in Collier County, FL Bill Barton November, 2017 Background: The FL Constitutional Amendment authorizing the distribution and use of MJ for specific medical conditions does not specify a means of delivery to patients. Subsequent state law provides for the creation of a limited number(12) "Distribution Centers" located throughout the state, for the creation of MJ Dispensaries located within the various counties (number indeterminate),and for mobile delivery of product by either Distribution Centers or Dispensaries. Distribution by any of these means require that the patient be properly registered in the FL Marijuana Use Registry. Question 1: What is the likely number of registered patients to be in Collier County? Attached is current (2017) data provided by the Marijuana Policy Project on number of patients vs.total population in the various states that allow medical MJ. On page 3 of the attachment we find that total registered patients in all states listed =2,354,403, and those states have a total population of 195,792,284. That yields an average of 1.2% of total population. Collier County currently has a population of approximately 360,000 yielding a likely MJ patient population of(0.012 X 360,000) of 4,400+/-. Question 2: What is the likely number of walk-inpatients that will use dispensaries? Although there is not available reliable collected data, it is generally accepted that approximately 50%of MJ patients are too ill to drive or walk any meaningful distance. As a result, only approximately 2,200 patients will physically enter a MJ dispensary. The remaining 2,200 patients will require the product to be delivered by some 3rd party means from either a dispensary or a Distribution Center. Question 3: If Dispensaries are allowed in Collier County,what total number will be permitted? State law appears confusing on the question, but the likely allowable number is 7-8. Question 4: What is the likelihood of 7-8 MJ dispensaries in Collier County being financially viable with only a total of 4,400 users? It is likely that some (1/2) of the 2,200 users unable to visit Dispensaries will choose to use other sources for their delivery, resulting in 3,300 Dispensary users. if we use 7 Dispensaries and presume users are evenly distributed, then each Dispensary would serve approximately 470 consumers. This simply is not sufficient demand to provide profitability for the Dispensaries. The concern then is,what will some Dispensaries resort to,to increase revenue: lax control of State Registration? Back door sales? Etc. Question 5: If dispensaries are banned in Collier County, how will patients be able to acquire product? MJ medical products are already being delivered to Collier County. It has been verified that Curaleaf Florida (.ww.curaleat.c ) currently delivers product to Collier County from their operations in Dade County, and plan to continue to make deliveries to ColliOr County as registered patients request product. There is little question that when/if a Distribution Center is authorized in either Collier of Lee County, or when Dispensaries are opened in Lee County, that there will be multiple delivery options available to Collier County patients. Reasonable assumptions to ponder: 1. If Collier County's total likely MJ users is only 4,400 in 2017, and, 2. If approximately 50% of those users will require delivery of some means, and, 3. If the total number of users are unlikely to provide sufficient cash flow to allow the statutorily allowed number of Dispensaries to be financially viable, and, 4. If there already exists a reliable delivery system in Collier County (Curaleaf), with others likely to become available, then; Is there meaningful reason to allow Dispensaries in Collier County at this time? Would it not be in the best interest of Collier County and potential patients to continue the ban for an additional year to determine if the existing and any new delivery systems provide adequate product delivery? Other prominent Collier County citizens supporting this position: Allen Weiss NCH Susan Kimper NCH Beth Jones Collier County S erriff's office Guy Blanchette Drug Free Collie Lisa Gruenloh Drug Free Collie Veora Little Nurse Anesthetibt (Retired) Ana DiMarco Pat Barton Drug Watch lnt:rnational 11/7)2017 Medical Marijuana Patient Numbers-MPP Marijua a Policy Project 1V Cha ge Laws (Https://W weMpp. rg) NivY,u (https_ r' "'" r:;t'nakt-91rmiiii. awititiYi sO ) About Us Policy " E issues — Newsroom " y Take Action Support „ Search... Q Medical Marijuana Patient umbers (https://www.mpp.org/) » (https://w w.mpp.org/issues/) (https://www_mpp.orglssues/medical-marijuana/1 » (https://www_mpp.org/issues/medical-marijuana -tate-by-state-medical-marijuana-laws/) » Medical Marijuana Patient Numbers State Population P. lent Current Percent of the State population who 2016 umbers Through are patients Alaska 741,204 1042 2/28/17 0.14% Arizona 7,026,629 a 2,487 8/7/17 1.89% Arkansas3 3,000,942 of open California' 39,849,872 ,526,250 est h17 3. 83% Colorado2 5,658,546 :6.8 1 8/7/17 1.53% Connecticut 3,583,134 '9,0 2 9/6/17 0.53% https//www_mpp.orglissues/medical-marijuana/state-by-state-medical-marl ana-lrs/medical-marijuana-patient-numbers/ 1/4 11812017 Medical Mariju na P.tient Numbers-MPP D.C. 697,012 5, 72 8/1/17 0.77% Delaware 965,866 3,192 8/11/17 0.32% Florida 21,002,678 N. op:n Hawaii 1,454,295 1",334 2/24/17 1.05% Illinois 12,815,607 2 ,300 8/2/17 0.18% Maine 1,327,472 4 ,908, 8/10/17 3.31% Maryland3 6,068,511 N•t op-n Massachusetts 6,873,018 31,18• 2/24/17 0.50% Michigan 9,935,116 2 8,5"6 2/24/17 2.20% 1 Minnesota 5,554,532 6,:84 8/3/17 0.12% Montana 1,052,343 1',56 5/30/17 1.48% Nevada 2,995,973 28,30: 5/10/17 0.95% New Hampshire 1,335,832 2,189 2/24/17 0.16% New jersey 8.996,351 1 ,51- 2/24/17 0.14% 1 New Mexico 2,084,193 . :,40 : 6/30/17 2.13% New York 19,889,657 2..09. 8/3/17 0.13% North Dakota3 757,952 Net o.en Ohio3 11,646,273 .at o„en Oregon 4,144,527 6r,86 r 7131/17 1.49% hfnc-/Iwww mnn.nra issues!medical-marijuana/state-by-state-medical-marij ana-l.ws/medical-marijuana-patient-numbers! 2/4 11/7/2017 Medical Marijuana P:tient Numbers-MPP Pennsylvania3 12,819,975 N• op:n Rhode Island 1,059,080 18 155 8/8/17 1.71% Vermont 624,592 4,439 6/28/17 0.71% Washington4 7,384,721 2 .577 8/7/17 0.33% West Virginia2 1,831,102 N•top n Total population in all medical marijuana 195,792,284 states - .Z o, M(..) 11-1. - 5 -�,k� At� . = Estimate of all state-legal patients 2, 54, 03 'This is a rough estimate based on Maine's numbers. ' her"• is a registry, but only a small fraction of California patients are registered. 2 Many families have migrated to Colorado so that pa dent: would be allowed to use medical marijuana, which increases the per capita number of patients. 3 Registry is not open yet. 4 Washington has a brand new patient registry.The fi st cloy for registrations was July 1, 2016. Last updated:August 15,2017 I i (HTTPS://TWITTER.COM/INTEFf/7 3:1/REDDITILI f .U:4 (T.c.r(U(T( V t1M 'tr l'KVINE i( 1FIGEIMIAI1I I https://www_mpp.org/issues/medical-marijuana/state-by-state-medical-mariju.na-la s/medical-marijuana-patient-numbers/ 3/4 GoodnerAngela From: Ellen Fiedler <ellenlahm@hotmail.com> Sent: Tuesday, September 26, 2017 8:02 AM To: GoodnerAngela Subject: Medical Marijuana Dispensaries Dear Commissioner Solis, Please vote yes for dispensaries in Collier County. As long as we allow opioids to be dispensed on every corner, i.e. CVS, Walgreens, etc., and at every Publix and Walmart,there is no reason a Medical Marijuana patient should have to go out of County, and miles away from their home,to obtain the medication that will relieve their pain. We voted for this in November, and I expect you will honor our vote today. Doing otherwise, is against the will of the people you represent, and we will not forget come re-election. Sincerely, Ruth Fiedler 522 Charlemagne Blvd. Naples, FL 34112 Sent from my iPad Sent from my iPad 1 SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY SUBJECT: Final Public Hearing for the Consideration of Ordinance Adopting Section 13-653 of the Sumter County Land Development Code Related to Medical Cannabis Dispensaries. REQUESTED ACTION: Staff Recommends Approval Meeting Type: Select Meeting. Type DATE OF MEETING: 1/10/2017 CONTRACT: © N/A Vendor/Entity: Effective Date: Termination Date: Managing Division /Dept: Choose a division/department. BUDGET IMPACT: FUNDING SOURCE: Type: Select EXPENDITURE ACCOUNT: impact type HISTORY/FACTS/ISSUES: Approval of 2016 Constitutional Amendment 2 by the voters of the State of Florida in November expanded upon the medical use of cannabis (marijuana)which had been previously approved by the Florida Legislature through the Compassionate Care Act of 2014. This expanded use will likely result in an increased number of requests to establish medical cannabis dispensaries. The proposed ordinance regulates the number and location of such facilities and provides for a process for review and approval of dispensaries and their locations. Significant features of the proposed ordinance include: 1)Regulation of the number of allowable cannabis dispensaries by reference to total County population, providing for an increased number of facilities as the County grows 2)Restriction of facilities to specific commercial and industrial zoning districts 3) Operational requirements for security and accountability 4)Inspection and renewal provisions for approved facilities Prepared by: Karl Holley Grammarly Check Ordinance 17-01 Approved with change of language regarding distance (from 250 ft to APPROVED 1000 ft; see page 12 of ordinance). January 10 2017 Page 1 of 1 Ex parte Items - Commissioner Burt L. Saunders COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 13, 2018 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ADVERTISED PUBLIC HEARINGS 11.E. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to affirm a zoning verification letter regarding a proposed Medical Marijuana Treatment Center and direct staff to issue a letter of no objection to the proposed location. (Mike Bosi, Planning and Zoning Division Director) ❑ NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings ❑Correspondence se-mails ❑Calls CONSENT AGENDA 16.A.4. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Maple Ridge Phase 6A PPL, (Application Number PL20170002650) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings ❑Correspondence ❑e-mails ❑Calls Ex parte Items - Commissioner Burt L. Saunders COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 13, 2018 SUMMARY AGENDA 17.A. This item requires that ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Commercial Planned Unit Development (CPUD) zoning district to allow for development of up to 40,000 square feet of commercial development for a project to be known as 15501 Old US 41 CPUD; and providing an effective date. The subject property is located on the west side of Old US 41, approximately one mile north of the US 41 and Old US 41 intersection, in Section 10, Township 48 South, Range 25 East, Collier County, Florida. [PL20170001083] X NO DISCLOSURE FOR THIS ITEM SEE FILE I 'Meetings ❑Correspondence I le-mails ❑Calls 17.B. This item requires that ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 96- 79, the Eagle Creek Planned Unit Development by expanding the golf course by removing one acre from residential tracts and adding the one acre to golf course Tract H-1; by superseding and repealing prior Ordinance Nos. 81-4, 81-114, 82-53 and 85-8; by amending the Master Plan; and providing an effective date. The subject property, consisting of 298+/- acres, is located southwest of the intersection of US 41 and Collier Boulevard in Sections 3 and 4, Township 51 South, Range 26 East, Collier County, Florida. [PL20170001320] ❑ NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings Correspondence e-mails ❑Calls Ex parte Items - Commissioner Burt L. Saunders COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 13, 2018 17.C. This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Recommendation to approve a Resolution renaming a portion of Esplanade Boulevard to Montelanico Loop. The subject street is approximately one third of a mile in length, located within the Esplanade Golf and Country Club of Naples, approximately one and a quarter mile north of Immokalee Road, in Section 15,Township 48 South, Range 26 East, Collier County, Florida. [SNR-PL20170002424] ❑ NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings ❑Correspondence —e-mails ❑Calls Ex parte Items - Commissioner Taylor COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 13, 2018 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ADVERTISED PUBLIC HEARINGS 11.E. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to affirm a zoning verification letter regarding a proposed Medical Marijuana Treatment Center and direct staff to issue a letter of no objection to the proposed location. (Mike Bosi, Planning and Zoning Division Director) NO DISCLOSURE FOR THIS ITEM SEE FILE ®Meetings ®Correspondence ®e-mails ®Calls Meeting with Rich Yovanovich & David Genson (Barron Collier) on Monday, March 12, 2018 and on Monday, October 16, 2017 Meeting with Bill and Pat Barton on Monday, July 24, 2017, Wednesday, November 15, 2017 & Thursday, January 18, 2018 and various phone conversations CONSENT AGENDA 16.A.4. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Maple Ridge Phase 6A PPL, (Application Number PL20170002650) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings ❑Correspondence ❑e-mails Calls Ex parte Items - Commissioner Taylor COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 13, 2018 SUMMARY AGENDA 17.A. This item requires that ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Commercial Planned Unit Development (CPUD) zoning district to allow for development of up to 40,000 square feet of commercial development for a project to be known as 15501 Old US 41 CPUD; and providing an effective date. The subject property is located on the west side of Old US 41, approximately one mile north of the US 41 and Old US 41 intersection, in Section 10,Township 48 South, Range 25 East, Collier County, Florida. [P120170001083] XQ NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings ❑Correspondence Pie-mails ❑Calls 17.6. This item requires that ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 96-79, the Eagle Creek Planned Unit Development by expanding the golf course by removing one acre from residential tracts and adding the one acre to golf course Tract H-1; by superseding and repealing prior Ordinance Nos. 81-4, 81-114, 82-53 and 85-8; by amending the Master Plan; and providing an effective date. The subject property, consisting of 298+/-acres, is located southwest of the intersection of US 41 and Collier Boulevard in Sections 3 and 4, Township 51 South, Range 26 East, Collier County, Florida. [PL20170001320] X NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings ❑Correspondence ❑e-mails ❑Calls Ex parte Items - Commissioner Taylor COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 13, 2018 17.C. This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Recommendation to approve a Resolution renaming a portion of Esplanade Boulevard to Montelanico Loop. The subject street is approximately one third of a mile in length, located within the Esplanade Golf and Country Club of Naples, approximately one and a quarter mile north of Immokalee Road, in Section 15, Township 48 South, Range 26 East, Collier County, Florida. [SNR-PL20170002424] X NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings Correspondence ❑e-mails Calls Page I 1 MON i acus-tvlarijuana Courageous Short Cut by AG Sessions Urban Oregon legalized marijuana, but the truth is it's a faulty and failing law By Shirley Morgan As the founder of the Citizens for Public Safety, Quality of Life, and Property Values a national volunteer outreach with a focus on the impacts of marijuana in our communities I want to convey that the recent decision by Attorney General Jeff Session's to rescind the Cole Memorandum is a tremendous first step in sending the message that enforcing federal laws should be a top priority. This opinion will review three thoughts, AG Sessions directive, a view of the impacts of marijuana legalization in Oregon, and why it is important to support your local U.S.Attorney's Office. ABOUT SESSIONS DIRECTIVE First, Sessions calls out the importance of giving all U.S. Attorney's across the Country the tools they need to disrupt criminal organizations of which many of our so-called licensed medical and recreational marijuana businesses have become. Sessions doesn't say to the U.S. Attorney's to just exercise their discretion is going after marijuana cases, he says "today's memo on federal marijuana enforcement simply directs all U.S. Attorneys to use previously established prosecutorial principles that provide them with the tools to: • disrupt criminal organization • tackle the growing drug crisis • thwart violent crime across our country Session's has simply restored the U.S. Attorneys ability to do the job they have been hired to do, protect the general public. The new memo calls for the U.S. Attorneys to simply weigh all relevant considerations, including federal law enforcement priorities to help determine how to best protect the general public. Page 12 This is a principal that the Oregon U.S. Attorney's office has adhered to for as long as I can remember with the limited resources that most federal and local enforcement agencies face today. As quoted by Sessions: • "It is the mission of the Department of Justice to enforce the laws of the United States, and the previous issuance of guidance undermines the rule of law and the ability of our local,state,tribal,and federal law enforcement partners to carry out this mission,"said Attorney General Jeff Sessions. "Therefore, today's memo on federal marijuana enforcement simply directs all U.S.Attorneys to use previously established prosecutorial principles that provide them all the necessary tools to disrupt criminal organizations, tackle the growing drug crisis,and thwart violent crime across our country." • These principles require federal prosecutors deciding which cases to prosecute to weight all relevant considerations,including federal law enforcement priorities set by the Attorney General, the seriousness of the crime,the deterrent effect of criminal prosecution,and the cumulative impact of particular crimes on the community. • In the Controlled Substances Act, Congress has generally prohibited the cultivation, distribution, and possession of marijuana. It has established significant penalties for these crimes. These activities also may serve as the basis for the prosecution of other crimes, such as those prohibited by the money laundering statues, the unlicensed money transmitter statue, and the Bank Secrecy Act. These statues reflect Congress's determination that marijuana is a dangerous drug and that marijuana activity is a serious crime. https://www.justice.gov/opa/press-release/file/1022196/download I would call Sessions decision a courageous short cut around congress to help get the attention of all those involved in the marijuana industry at all levels which includes organizations that are benefiting from their dealings such as banks, landlords, and suppliers, that they are breaking federal laws. This decision has already gotten the attention of Congress who has over the years through various presidencies done little to help provide the tools necessary to enforce the violations of any of the medical or recreational marijuana programs across the country. Although many innocent voters have been misled by out-of-state highly funded ballot initiatives that push the so-called medical marijuana scheme and the tax and regulate recreational marijuana scheme, many citizens have observed the impacts first hand and are standing up nationwide to bring a strong awareness to these deceptive attempts to try and ignore the impacts to public safety, quality of life, and property values. Drugged driving, diversion to other States, destruction to the environment, diversion to minors, public consumption of tainted pot candies and food, robberies, burglaries, fatal shootings, odors, increased traffic, fires, hash oil explosions are just a few of the impacts that marijuana leaves behind and all are a degradation to our communities. What these corrupt State marijuana laws and Cole Memorandum laws have done is to allow the explosive expansion of marijuana under the name of State tax and regulate programs, ignoring the fact that our local, State, and Federal agencies do not have the resources to Page 13 enforce such regulations that are put into place, therefore turning our rural residential farming communities into battle grounds between rural citizens and cartel-like mega commercial marijuana grows because many of these State programs have redefined marijuana as an agricultural crop, just like a tomato, meaning that a large commercial marijuana grow can show up next to your rural home. IMPACTS OF MEDICAL AND RECREATIONAL MARIJUANA IN OREGON Second, for those living in states with medical marijuana programs prior to all of the marijuana legalization programs, one might take a moment to reflect back on how these medical marijuana laws were being enforced prior to the Cole memorandum being issued, as Sessions is indicating that this new directive simply directs all U.S. Attorneys to use previously established prosecutorial principles that provide them with the necessary tools to disrupt criminal organization. I can recall numerous marijuana raids in many of our local counties and cities in which those abusing the medical marijuana program with organized crime were rounded up under the premise of diversion to other states, opening medical marijuana dispensaries illegally and simply peddling pot to just about anyone. Now we have a new layer of marijuana legalization over the top of existing medical marijuana programs in many states which has opened up the door for increased corruption. In Clackamas County there are over, • 369 marijuana land use applications that have been applied for with over 98% for marijuana production • 29 unregulated hemp grows that are causing massive disruption within the community • 71 code complaints • OLCC who licenses recreational marijuana has received over 598 complaints Licensed facilities are already proving themselves unworthy with local licensed facilities diverting over$1.1 million of marijuana extracts products to Nebraska and they already had a number of County code violations. http://www.oregonlive.com/washingtoncounty/index.ssf/2017/11/oregon man arrested nebraska cannabis extract marijuana.html A twenty acre pasture next to a rural residential farming community in which they are building and proposing over 54 steel and marijuana grow barns which are leased out to marijuana growers has been burglarized,with burglars coming through neighbors properties. http://katu.com/news/local/thieves-smash-walls-with-sledgehammers-steal-pot-plants- from-licensed-grow-facility Page 14 all IN :414p,„ 41/110 r.. http://growunits.com/index.html 10770 SE 362nd, Boring, Oregon rh"-"rt nnn"bis eetl�mid��rbs fir 1..i•"nn"bis b�sin"a�ea. cG spaces 0 S'� S - • https://www.dewey.farm/ 11512 S. Barnards Rd, Molalla, Or 1 1512 S Barnards Rd SUR ow-Kling srrudl lot rxtiglurs mil be sufnfii oily bnpaacted with incieasrd induSi iaf traffic,74f/noise"potential N •robberies and burglaries. This ! mdusiializc"d type of compound does not Afia belong in our rural residential farming "" commun'rcMs. Cartel-like threatening behaviors are plaguing Oregon's rural residents with such behaviors as: • sexual threats to young women; • drone flights over neighbors • discharge of firearms, after a confrontation with a neighbor; • neighbors stalked by employees with side-arms Page 15 • explosive outbursts of profanity; and verbal demands to get off of our own street. • They have shot at bedroom windows because neighbors wouldn't sign road easement petitions required by certain County and City marijuana regulations • Poisoned dogs of neighbors who oppose their operation • Guard dogs are killing neighbors livestock • In Yamhill County an organic winery is suing a grower because of impacts to his grapes ■ He has been threatened they will burn down his winery ■ They killed his baby calf and cut in half the tail of the mother cow ■ Last month they broke into his daughters home, while she was there and burglarized her computer and paperwork related to their court case • Citizens are filing RICO lawsuits and buying weapons to protect themselves. http://www.oregonlive.com/pacific-northwest news/index.ssf/2017/07/beavercreek_couple_files_racke.html • Licensed OLCC operators are lying on land use applications to try and meet regulations, such as saying the setback is this when it is that • increased traffic • diesel generators running 24/7 • skunk smells with chemicals have triggered headaches, asthma and respiratory problems • illegal water usage Klamath County Sheriff's Office has hired a retired deputy to investigate complaints at grow sites. https://www.heraldandnews.com/news/sheriff-s-office-seizes-millions-in-illegal- cannabis/article 230bd221-3309-5738-a071-11991 fab70cd.html They found: • 62 sites Page 16 • 27 sites were visited to determine if recreational or medical • Of the 8 medical only 1 was legal • 6 warrants were served, 8 arrested • 493 plants worth $2-$6.6 million were seized • 91 pounds of marijuana worth $123, 000 to $406,000 were seized • 22 unlawful firearms,tactical gear and soft body armor were seized • Connections to the sites were found in 5 other states o Nevada o Illinois o Florida o Minnesota o Ohio. • 27 of the 62 were visited. Enforcement will continue in 2018 If we cannot develop safe drug policies to protect the public then we have become minions in the hands of faulty and illegal laws. WRY ITIS IMPORTANT TO SUPPORT YOUR LOCAL U.S.ATTORNEY'S OFFICE Thirdly, for those living in states with medical marijuana programs prior to all of the marijuana legalization programs, one might take a moment to reflect back on how these medical marijuana laws were being enforced prior to the Cole memorandum being issued, as Sessions is indicating that this new directive simply directs all U.S. Attorneys to use previously established prosecutorial principles that provide them with the necessary tools to disrupt criminal organizations. I can remember numerous marijuana raids in Oregon in which the local, state and federal law enforcement agencies worked collaboratively together to help disrupt criminal organizations. http://kval.com/news/local/police-bust-s-ore-medical-marijuana-dispensaries It will be more important than ever for our local, state and federal enforcement agencies to join their resources to help restore the damage of what the 8 Point Cole Memorandum has allowed because there was never a protocol that measured the effectiveness of the 8 point criteria. This truly isn't just about lack of resources, because there have never been enough financial resources to deal with the crime in our communities, but it is rather about the community Page 17 and enforcement agencies from all branches coming collaboratively together to help solve the crimes in their communities to help develop safe drug policies. Communities must play their part along with the enforcement agencies. They must be willing to file complaints, sit on various committee's to help develop regulations that work, testify before County Commissioners and City Councils to share their concerns and take a proactive role in understanding how they can best support their local enforcement agencies and law enforcement agencies must also be willing to take the time to listen to the community and their concerns and then develop their enforcement strategies based upon community needs and concerns related to public safety. Recently U.S. Attorney Bill Williams in Oregon was appointed by President Trump to officially become Oregon's U.S. Attorney and he is waiting to be confirmed. I give hats off to U.S. Attorney Williams because of his ability to listen to the citizens and their concerns regarding the impacts of marijuana in our rural residential farming communities. He is attending meetings with citizens, meeting with local officials, and I am sure has a desire to assure that the citizens in Oregon are protected from the corruption and criminal element of the marijuana industry. We look forward to his leadership and his skills to help work collaboratively with our impacted citizens and local, state and other federal enforcement agencies to help protect our communities. Finally, through ballot measures Oregon legalized medical and recreational marijuana, but the truth is, it's a faulty and failing law and we need a very dedicated and strong-minded enforcement approach to help restore the damage that has been caused to our communities by this federally illegal marijuana industry who have been allowed to circumvent federal laws. www.protectoursociety.org www.unwantedpotgrows.com Shirley Morgan lives in Oregon and has a BA in Human Communications from Marylhurst University in West Linn (1999), Oregon; MA in Whole System Design/Organizational System Renewal from Antioch University in Seattle (2003), Washington; MS in Community and Economic Development from Southern New Hampshire University-Manchester,New Hampshire(2008);Associates of Church Leadership-Portland Bible College, Oregon (2015) OREGON LIQUOR CONTROL COMMISSION CHAPTER 845 PROPOSED AMENDMENTS Note: Bold and underlined = new text; italics and strikethrough = deleted text 845-025-1015 Definitions For the purposes of OAR 845-025-1000 to 845-025-8590, unless otherwise specified, the following definitions apply: (1) "Adulterated" means to make a marijuana item impure by adding foreign or inferior ingredients or substances. A marijuana item may be considered to be adulterated if: (a) It bears or contains any poisonous or deleterious substance in a quantity rendering the marijuana item injurious to health, including but not limited to tobacco or nicotine; (b) It bears or contains any added poisonous or deleterious substance exceeding a safe tolerance if such tolerance has been established; (c) It consists in whole or in part of any filthy, putrid, or decomposed substance, or otherwise is unfit for human consumption; (d) It is processed, prepared, packaged, or is held under improper time-temperature conditions or under other conditions increasing the probability of contamination with excessive microorganisms or physical contaminants; (e) It is processed, prepared, packaged, or held under insanitary conditions increasing the probability of contamination or cross-contamination; (f) It is held or packaged in containers composed, in whole or in part, of any poisonous or deleterious substance rendering the contents potentially injurious to health; (g) Any substance has been substituted wholly or in part therefor; (h) Damage or inferiority has been concealed in any manner; or (i) Any substance has been added thereto or mixed or packaged therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is. (2) "Attractive to minors" means packaging, labeling and advertising that features: (a) Cartoons; 10/30/2017 . 1 (b) A design, brand or name that resembles a non-cannabis consumer product of the type that is typically marketed to minors; (c) Symbols or celebrities that are commonly used to market products to minors; (d) Images of minors; or (e) Words that refer to products that are commonly associated with minors or marketed by minors. (3) "Authority" means the Oregon Health Authority. (4) "Business day" means Monday through Friday excluding legal holidays. (5) "Cannabinoid" means any of the chemical compounds that are the active constituents of marijuana or industrial hemp. (6) "Cannabinoid concentrate" means a substance obtained by separating cannabinoids from marijuana by: (a) A mechanical extraction process; (b) A chemical extraction process using a nonhydrocarbon-based or other solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol; or (c) A chemical extraction process using the solvent carbon dioxide, provided that the process does not involve the use of high heat or pressure; or (d) Any other process identified by the Commission, in consultation with the Authority, by rule. (7) "Cannabinoid edible" means food or potable liquid into which a cannabinoid concentrate, cannabinoid extract or dried marijuana leaves or flowers have been incorporated. (8) "Cannabinoid extract" means a substance obtained by separating cannabinoids from marijuana by: (a) A chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane or propane; (b) A chemical extraction process using the solvent carbon dioxide, if the process uses high heat or pressure; or (c) Any other process identified by the Commission, in consultation with the authority, by rule. 10/30/2017 2 J (9) Cannabinoid Product (a) "Cannabinoid product" means a cannabinoid edible and any other product intended for human consumption or use, including a product intended to be applied to the skin or hair, that contains cannabinoids or dried marijuana leaves or flowers. (b) "Cannabinoid product" does not include: (A) Usable marijuana by itself; (B) A cannabinoid concentrate by itself; (C) A cannabinoid extract by itself; or (D) Industrial hemp, as defined in ORS 571.300. "Other Cannabinoid product" means a cannabinoid product other than a cannabinoid edible, topical, or tincture, including but not limited to: (A) Transdermal patch or suppository; (B) Concentrates/extracts with added ingredients; (C) Usable marijuana with extracts and/or herb ingredients; (D) Make your own infusion kits; or (E) Any other products within,the definition of concentrates or extracts. (10) "Cannabinoid tincture" means a solution of alcohol, cannabinoid concentrate or extract,and perhaps other ingredients intended for human consumption or ingestion, and that is exempt from the Liquor Control Act under ORS 471.035 (11) "Cannabis Tracking System" or "CTS" means the system for tracking the transfer of marijuana items and other information as authorized by ORS 4756.150. (12) "Cartoon" means any drawing or other depiction of an object, person, animal, creature or any similar caricature which may exhibit the following criteria: (a) The use of comically exaggerated features; (b) The attribution of human characteristics to animals, plants or other objects, or the similar use of anthropomorphic technique; or (c) The attribution of unnatural or extra-human abilities, such as imperviousness to pain or injury, X-ray vision, tunneling at very high speeds or transformation. 10/30/2017 3 (13) "Common Ownership" means any commonality between individuals or legal entities named as applicants or persons with a financial interest in a license or business proposed to be licensed. (14) "Compliance transaction" means a single covert, on-site visit in which a Commission authorized representative poses as an authorized representative of a licensee or a consumer and attempts to purchase or purchases a marijuana item from a licensee, or attempts to sell or sells a marijuana item to a licensee. (15) "Container" means a sealed, hard or soft-bodied receptacle in which a marijuana item is placed prior to being sold to a consumer. (16) "Contractor" means a person, other than a license representative, who temporarily visits the licensed premises to perform a service, maintenance or repair. (17)"Commission" means the Oregon Liquor Control Commission. (18) "Commissioner" means a member of the Oregon Liquor Control Commission. (19) "Consumer" means a person who purchases, acquires, owns, holds or uses marijuana items other than for the purpose of resale. (20) "Date of Harvest" means the date the mature marijuana plants in a harvest lot were cut, picked or removed from the soil or other growing media. If the harvest occurred on more than one day, the "date of harvest" is the day the last mature marijuana plant in the harvest lot was cut, picked or removed from the soil or other growing media. (21) "Designated primary caregiver" has the meaning given that term in ORS 4756.410. (22)(a) "Financial consideration" means value that is given or received either directly or indirectly through sales, barter, trade, fees, charges, dues, contributions or donations. (b) "Financial consideration" does not include marijuana, cannabinoid products or cannabinoid concentrates that are delivered within the scope of and in compliance with ORS 4756.245. (23) "Financial interest" means having an interest in the business such that the performance of the business causes, or is capable of causing, an individual, or a legal entity with which the individual is affiliated, to benefit or suffer financially. (a) Financial interest includes but is not limited to: (A) Receiving, as an employee or agent, out-of-the-ordinary compensation, either in the form of overcompensation or under compensation; 10/30/2017 4 (B) Lending money, real property or personal property to an applicant or licensee for use in the business that constitutes a substantial portion of the business cost or is lent at a commercially unreasonable rate; (C) Giving money, real property or personal property to an applicant or licensee for use in the business; or (D) Being the spouse or domestic partner of an applicant or licensee. For purposes of this subsection, "domestic partners" includes adults who qualify for a "domestic partnership" as defined under ORS 106.310. (b) Financial interest does not include any investment that the investor does not control in nature, amount or timing. (24) "Flowering" means #h-aha marijuana plant that has formed a mass of pistils measuring greater than two centimeters wide at its widest point. (25) "Hemp Grower" means a person or entity that is registered with the Oregon Department of Agriculture to produce industrial hemp. (26) "Hemp Handler" means a person or entity that is registered with the Oregon Department of Agriculture to process industrial hemp into commodities, products or agricultural hemp seed. (27) "Hemp item" (a) Means usable hemp, hemp stalk, a cannabinoid product, or a hemp concentrate or extract. (b) For sampling and testing purposes is equivalent to a marijuana item as that is defined in OAR 333-007-0310. (28) "Harvest lot" means a specifically identified quantity of marijuana that is, cultivated utilizing the same growing practices and harvested within a 72 48 hour period at the same location and cured under uniform conditions. (29) "Immature marijuana plant" means a marijuana plant that is not flowering. (30) "Intended for human consumption" means intended for a human to eat, drink, or otherwise put in the mouth but does not mean intended for human inhalation. (31) "Inventory Tracking" means all of the activities and documentation processes required by these rules to track marijuana and marijuana items from seed to sale in the cannabis tracking system. 10/30/2017 5 (32) "Industrial hemp": (a) Means all non-seed parts and varieties of the Cannabis plant, whether growing or not, that contain an average tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry weight basis. (b) Means any Cannabis seed: (A) That is part of a crop; (B) That is retained by a grower for future planting; (C) That is agricultural hemp seed; (0) That is for processing into or for use as agricultural hemp seed; or (E) That has been processed in a manner or to an extent that the Cannabis seed is incapable of germination. (c) Does not mean industrial hemp commodities or products. (33) "Industrial hemp concentrate" means an industrial hemp product obtained by separating cannabinoids from industrial hemp by: (a) A mechanical process; (b) A chemical extraction process using a nonhydrocarbon-based solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol; (c) A chemical extraction process using carbon dioxide, provided that the process does not involve the use of high heat or pressure; or (d) Any other process identified by the State Department of Agriculture by rule. (34) "Industrial hemp extract" means an industrial hemp product obtained by separating cannabinoids from industrial hemp by: (a) A chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane or propane; (b) A chemical extraction process using carbon dioxide, if the process uses high heat or pressure; or 10/30/2017 6 (c) Any other process identified by the State Department of Agriculture by rule. (35) "Invited guests" means family member and close business associates of the licensee, not members of the general public. (36) "Laboratory" means a laboratory certified by the Authority under ORS 438.605 to 438.620 and authorized to sample or test marijuana items for purposes specified in these rules. (37) "Licensee" means any person who holds a license issued under ORS 4756.070, 4756.090, 4756.100, 4756.110, or 4756.560 and includes: (a) Each applicant listed on an application that the Commission has approved; (b) Each individual who meets the qualification described in OAR 845-025-1045 and who the Commission has added to the license under OAR 845-025-1030; or (c) Each individual who has a financial interest in the licensed business and who the Commission has added to the license under OAR 845-025-1030. (38) "Licensee representative" means an owner, director, officer, manager, employee, agent, or other representative of a licensee, to the extent that the person acts in a representative capacity. (39) "Limited access area" means a building, room, or other contiguous area on a licensed premises where a marijuana item is produced, processed, stored, weighed, packaged, labeled, or sold, but does not include a consumer sales area on a licensed retailer premises. (40) "Marijuana" (a) "Marijuana" means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae. (b) "Marijuana" does not include industrial hemp, as defined in ORS 571.300. (41) "Marijuana flowers" means the flowers of the plant genus Cannabis within the plant family Cannabaceae. (42) "Marijuana items" means marijuana, cannabinoid products, cannabinoid concentrates and cannabinoid extracts. (43) "Marijuana leaves" means the leaves of the plant genus Cannabis within the plant family Cannabaceae. 10/30/2017 7 (44) "Marijuana processor" means a person who processes marijuana items in this state. (45) "Marijuana producer" means a person who produces marijuana in this state. (46) "Marijuana retailer" means a person who sells marijuana items to a consumer in this state. (47) "Marijuana wholesaler" means a person who purchases marijuana items in this state for resale to a person other than a consumer. (48) "Mature marijuana plant" means a marijuana plant that is not an immature marijuana plant. (49) "Medical grade cannabinoid product, cannabinoid concentrate or cannabinoid extract" means a cannabinoid product, cannabinoid concentrate or cannabinoid extract that has a concentration of tetrahydrocannabinol that is permitted under ORS 475B.625 for consumers who hold a valid registry identification card issued under ORS 4756.415. (50) "Micro-Wholesaler" means a marijuana wholesaler licensed by the Commission that only purchases or receives seeds, immature plants or usable marijuana from a producer with a micro tier I or tier II canopy. (51) "Minor" means any person under 21 years of age. (52) "Non-Toxic" means not causing illness, disability or death to persons who are exposed. (53) "Non-profit Dispensary means a medical marijuana dispensary registered under ORS 4756.450, owned by a nonprofit corporation organized under ORS chapter 65, and that is in compliance with the Authority's rules governing non-profit dispensaries in OAR 333, Division 8. (54) "ORELAP" means the Oregon Environmental Laboratory Accreditation Program administered by the Authority pursuant to ORS 438.605 to 438.620. (45) "Permittee" means any person who holds a Marijuana Workers Permit. (55) "Person" has the meaning given that term in ORS 174.100. (56) "Person responsible for a marijuana grow site" or "PRMG" has the meaning given that term in OAR 333-008-0010. (57) "Premises" or"licensed premises" includes the following areas of a location licensed under section ORS 4756.070, 4756.090, 4756.100, 4756.110 or 4756.560: 10/30/2017 8 (a) All public and private enclosed areas at the location that are used in the business operated at the location, including offices, kitchens, rest rooms and storerooms; (b) All areas outside a building that the Commission has specifically licensed for the production, processing, wholesale sale or retail sale of marijuana items; and (c) "Premises" or "licensed premises" does not include a primary residence. (58) "Primary Residence" means real property inhabited for the majority of a calendar year by an owner, renter or tenant, including manufactured homes and vehicles used as domiciles. (59) "Principal Officer" includes the president, any vice president with responsibility over the operation of a licensed business, the secretary, the treasurer, or any other officer designated by the Commission. (60) "Processes" (a) "Processes" means the processing,:ompounding or:conversion of marijuana into cannabinoid products, cannabinoid conentrates or.cannabinoid extracts; (b) "Processes" does not include pa - in• .beling. (61) "Process lot" means: (a) Any amount of cannabinoid concentrat = extract of the same type and processed at the same time using the same extraction methods, standard operating procedures and batches from the same or different harvest lots; or (b) Any amount of cannabinoid products of the same type and processed at the same time using the same ingredients, standard operating procedures and batches from the same or different harvest lots or process lots of cannabinoid concentrate or extract. (62) "Producer" means a marijuana producer licensed by the Commission. (63) "Produces" (a) "Produces" means the manufacture, planting, propagation, cultivation, growing or harvesting of marijuana. (b) "Produces" does not include: (A) The drying of marijuana by a marijuana processor, if the marijuana processor is not otherwise producing marijuana; or 10/30/2017 9 (B) The cultivation and growing of an immature marijuana plant by a marijuana processor, marijuana wholesaler or marijuana retailer if the marijuana processor, marijuana wholesaler or marijuana retailer purchased or otherwise received the plant from a licensed marijuana producer. (64) "Propagate" means to grow immature marijuana plants or to breed or produce tho seeds_ - - - • -- - - - - •• -- - --- - . (65) "Public place" means a place to which the general public has access and includes, but is not limited to, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and areas used in connection with public passenger transportation. (66) "Regulatory specialist" means a full-time employee of the Commission who is authorized to act as an agent of the Commission in conducting inspections or investigations, making arrests and seizures, aiding in prosecutions for offenses, issuing citations for violations and otherwise enforcing chapter 471, ORS 474.005 to 474.095, 474.115, 4756.010 to 4756.395, 4756.550 to 4756.590 and 475B.600 to 4756.655, Commission rules and any other statutes the Commission considers related to regulating liquor or marijuana. (67) "Registry identification cardholder" or "patient" has the meaning given that term in ORS 475B.410. (68) "Retailer" means a marijuana retailer licensed by the Commission. (69) "Safe" means: (a) A metal receptacle with a locking mechanism capable of storing all marijuana items on a licensed premises that: (A) Is rendered immobile by being securely anchored to a permanent structure of an enclosed area; or (B) Weighs more than 750 pounds. (b) A "vault"; or (c) A refrigerator or freezer capable of being locked for storing marijuana items that require cold storage that: (A) Is rendered immobile by being securely anchored to a permanent structure of an enclosed area; or (B) Weighs more than 750 pounds. 10/30/2017 10 (70) "Sampling laboratory" means a laboratory that only has an ORELAP accredited scope item for sampling under ORS 438.605 to 438.620 and is not accredited to perform cannabis testing. (71) "Security plan" means a plan as described in OAR 845-025-1030(4)(f) that fully describes how an applicant will comply with applicable laws and rules regarding security. (72) "Shipping Container" means any container or wrapping used solely for the transport of a marijuana items in bulk to a marijuana licensee as permitted in these rules. (73) "These rules" means OAR 845-025-1000 to 845-025-8590. (61) "Tincture"means an extract containing marijuana alcohol or glycerin.(64) "UID tag" means unique identification tag ordered from METRC. (b) "Assigned UID tag" means a unique identification tag that has been designated in CTS and physically attached toa marijuana plant or receptacle holding marijuana items. (74) "UID number" means the 24-digit number on the UID tag that was provided by METRC. (75)(a) "Usable Marijuana"means the dried leaves and flowers of marijuana. (b) "Usable Marijuana" includes pre-rolled marijuana as long as the pre-roll consists of only dried marijuana leaves and flowers, an unflavored rolling paper and a filter or tip. (c) "Usable marijuana" does not includ (A) The seeds, stalks a "roots of marijuana, or (B) Waste material that is a by-product of producing or processing marijuana. (76) "Vault" means an enclosed area or room that is constructed of steel-reinforced or block concrete and hasa door that contains a multiple-position combination lock or the equivalent, a relocking device or equivalent, and a steel plate with a thickness of at least one-half inch. (77) "Wholesaler" means a marijuana wholesaler licensed by the Commission. Stat. Auth.: ORS 4756.025 Stats. Implemented: ORS 4756.015 & 4756.025 10/30/2017 11 845-025-1030 Application Process (1) A person may submit an application to the Commission, on a form prescribed by the Commission, for a marijuana producer, processor, wholesaler, retail, or laboratory license. (2) An application for a license and all documentation required in the application instructions and in section (4) any requirements of this rule must be submitted in a manner specified by the Commission. The application fee specified in OAR 845-025- 1060 must also be paid in a manner specified by the Commission. (3) The following individuals and legal entities are applicants: (a) Any individual or legal entity with a financial interest, as defined in these rules, who holds or controls an interest of ten percent or more in the business proposed to be licensed. (b) Any individual or legal entity that has an ownership interest in the business proposed be licensed as described in OAR 845-025-1045. (4) If a legal entity is an applicant, the following individuals within a legal entity are also applicants: (a) All general partners in a limited partnership; (b) Limited partners whose investment commitment is ten percent or more of the total investment commitment; (c) All members in a limited liability company or partnership whose investment commitment or membership interest is ten percent or more; (d) All directors who own or control three percent or more of the voting stock; (e) Principal Officers of corporate applicants and; (f) All natural person stockholders owning or controlling ten percent or more of the voting stock of a corporate entity. (5) An application must include the names and other required information for all individuals and legal entities who are applicants as described in this rule and the names and other required information for all individuals and legal entities who are not applicants but who have a "financial interest" in the business, as defined in OAR 845- 025-1015. (6) Applicants must submit the following: 10/30/2017 12 (a) Information or fingerprints for individual applicants and individuals within a legal entity who have been identified as applicants in order to perform a criminal background check in accordance with OAR 845-025-1080; (b) Any forms required by the Commission and any information identified in the form that is required to be submitted; (c) A map or sketch of the premises proposed for licensure, including the defined boundaries of the premises and the location of any primary residence located on the same tax lot as the licensed premises; (d) A scaled floor or plot plan sketch of all enclosed areas with clear identification of walls, partitions, counters, windows, all areas of ingress and egress, and all limited access areas; (e) Proof of right to occupy the premises proposed for licensure; (f) An operating plan that demonstrates at a minimum, how the applicant's proposed premises and business will comply with the applicable laws and rules regarding: (A) Security; (B) Employee qualificati ns and train.e (C) Transportation of produc (D) Preventing minors from entering the licensed premises; and (E) Preventing minor„,,, from obtaining or attempting to obtain marijuana items. (g) For producers: (A) The proposed canopy size and tier as described in OAR 845-025-2040 and a designation of the canopy area within the license premises. (B) A report describing the applicant's electricity and water usage, on a form prescribed by the Commission. (i) For initial licensure and renewal, the report must describe the estimated electricity and water usage taking into account all portions of the premises and expected requirements of the operation for the next twelve months. (ii) - . __ _ _ _ . • -••-- _ _ _ _ _ a , _or renewal, the report must describe the actual electricity and water usage for the previous year taking into account all portions of the premises. 10/30/2017 13 (C) A description of the growing operation including growing media, a description of equipment to be used in the production, and whether production will be indoor, outdoor or both. (D) Proof of a legal source of water as evidenced by: (i) A copy of a water right permit, certificate, or other water use authorization from the Oregon Water Resources Department; (ii) A statement that water is supplied from a public or private water provider, along with the name and contact information of the water provider; or (iii) Proof from the Oregon Water Resources Department that the water to be used for production is from a source that does not require a water right. (h) For processors: (A) On a form prescribed by the Commission, the proposed endorsements as described in OAR 845-025-3210. (B) A description of the type of products to be processed, a description of equipment to be used, including any solvents, gases, chemicals or other compounds used to create extracts or concentrates. (7) In addition to submitting the application form and the items described in section (5) of this rule, the Commission may require the following to be submitted. (a) For an individual identified as a person with a financial interest, who holds or controls an interest of less than ten percent in the business proposed to be licensed: (A) Information or fingerprints for a criminal background check in accordance with OAR 845-025-1080; and (B) Any forms required by the Commission and any information identified in the form that is required to be submitted. (b) For a legal entity that is identified as having a financial interest of less than ten percent of the business proposed to be licensed: (A) Information or fingerprints for any individual within the legal entity for a criminal background check in accordance with OAR 845-025-1080; and (B) Any forms required by the Commission and any information identified in the form that is required to be submitted. 10/30/2017 14 (c) Any additional information if there is a reason to believe that the information is needed to determine the merits of the license application. (8) The Commission must review an application to determine if it is complete. An application will be considered incomplete if an application form is not complete, the full application and license fee has not been paid, or some or all of the additional information required under these rules is not submitted. (9) An applicant may submit a written request for reconsideration of a decision that a.n application is incomplete. Such a request must be received,,by the Commission within ten days of the date the incomplete notice was mailed to the applicant. The Commission shall give the applicants the opportunity to be heard if an application is rejected. A hearing under this subsection is not subject to the requirements for contested case proceedings under ORS 183.310 to 183.550. (10) If, prior to an application being acted upon by the Commission, there is a change with regard to who is an applicant or who is a person with a financial interest in the proposed business, the new applicant or person with a financial interest must submit a form, prescribed by the Commission, that: 10 '14.0‘0„. (a) Identifies the individual or Pers (b) Describes the individual's or person's financial interest in the business proposed for licensure; and (c) Includes any additional information required by the Commission, including but not limited to information and fingerprints required for a criminal background check. (11) Failure to comply with subsection (8) of this rule may result in an application being denied Stat. Auth.: ORS 475B.025,,x-2016 et_ Ch. 24, Sec. 1, 17 & 18 & 2017 OL Ch. 183 Sec. 8 & 10 Stats. Implemented: ORS 4756.040, 4756.045, 4756..060, 4756.070, 4756.090, 4756.100, 4756.110 & 4756.560 845-025-1045 True Name on Application; Interest in Business (1) True name on application. An application for a license must specify the real and true names of all individuals and legal entities that have an ownership interest in the business proposed to be licensed by identifying all such persons and legal entities as applicants. 10/30/2017 15 (2) License privileges. License privileges are available only to the applicants identified in the application and their authorized representatives and only for the premises designated on the license. (3) Ownership interest. The Commission may refuse to issue a license if the applicant is not the owner of the business proposed to be licensed, a person with an ownership interest is not identified as an applicant, or an undisclosed ownership interest exists. For purposes of this rule, an "ownership interest" is indicated by the following behaviors, benefits or obligations: (a) Any person or legal entity, other than an employee acting under the direction of the owner, that exercises control over, or is entitled to exercise control over, the business; (b) Any person or legal entity, other than an employee acting under the direction of the owner, that incurs, or is entitled to incur, debt or similar obligations on behalf of the business; (c) Any person or legal entity, other than an employee acting under the direction of the owner, that enters into, or is entitled to enter into, a contract or similar obligations on behalf of the business; or (d) Any person or legal entity identified as the lessee of the premises proposed to be licensed. Stat. Auth.: ORS 4756.025 & 2017 OL Ch. 183.Sec. 8 & 10 Stats. Implemented: ORS 4756.045, 4756.070, 4756.090, 4756.100, 4756.110, 4756.560 & 2016 OL Chs 24, Se,a 1, 2, 3 & 845-025- 060 Fees (1) At the time of initial license or certificate application an applicant must pay a $250 non-refundable application fee. (2) If the Commission approves an application and grants an annual license, the following fees must be paid, prorated for an initial license that is issued for six months or less: (a) Producers: (A) Micro Tier I $1,000. (B) Micro Tier II $2,000. (C) Tier I $3,750. (D) Tier II $5,750. (E) Medical Canopy $100 (b) Processors: $4,750. (c) Wholesalers: $4,750. (d) Micro Wholesalers: $1,000. 10/30/2017 16 • (e) Retailers: $4,750. (f) Laboratories: $4,750. (g) Sampling Laboratory: $2,250. (3) If the Commission approves an application and grants a research certificate, the fee is $4,750 for a three-year term. (4) If the Commission approves an application and grants a hemp certificate, the fee is $500 for one year. (45) At the time of license or certificate application renewal, an applicant must pay a $250 non-refundable application fee. (5 6) If the Commission approves a renewal application the renewal license or certificate fees must be paid in the amounts specified in subsections (2) and (3) of this rule. (67) If the Commission approves an initial or renewal application and grants a marijuana worker permit, the individual must pay a $100 permit fee. (-78) The Commission shall charge the following fees: (a) Criminal background checks: $50 per individual listed on a license application (if the background check is not part of an initial or renewal application) (b) Transfer of location of premises review: $1000 per license. (c) Packaging preapproval: $100. (d) Labeling preapproval: $100. (e) Change to previously approved package or label: $25. Stat. Auth.: ORS 4756.025 Stats. Implemented: ORS 4756.025, 4756.070, 475B.090, 4756.100, 4756.110, 4756.218, 4756.560,4.756.610 & 4756.620,,&2016 OL Ch. 24 Sec. 1, 2017 OL Ch. 183 & 2017OLCh.;%= � 845-025-1080 Crimin- Y± kground Che 4 (1) If an individual is required by the Commission toundergo a criminal background check, the individual must provide to the Commission: (a) A criminal background check request form, prescribed by the Commission that includes but is not limited to: (A) First, middle and last name; (B) Any aliases; (C) Date of birth; (D) Driver's license information; and (E) Address and recent residency information. (b) Fingerprints in accordance with the instructions on the Commission's webpage. 10/30/2017 17 (2) The Commission may request that an applicant disclose his or her Social Security Number if notice is provided that: (a) Indicates the disclosure of the Social Security Number is voluntary; and (b) That the Commission requests the Social Security Number for the purpose of positively identifying the applicant during the criminal records check process. (3) An applicant's criminal history must be evaluated by the Commission in accordance with ORS 670.280 and 475B.050. (4) The Commission may conduct a criminal background checks in accordance with this rule every year at the time of application renewal. (5) Records concerning criminal background checks must be kept and handled by the Commission in accordance with ORS 181.534(15). Stat. Auth.: ORS 475B.025 Stats. Implemented: ORS 475B.050 845-025-1090 Application Review (1) Once the Commission has determined that an application is complete it must review the application to determine compliance with ORS Chapter 475B and these rules. (2) The Commission: (a) Must, prior to acting on an application for new license, a change to a larger producer canopy designation, a change to producer cultivation method designation or change in processor endorsement type, receive a land use compatibility statement from the city or county that authorizes land use in the city or county in which the applicant's proposed premises is located. (b) May, in its discretion, prior to acting on an application: (A) Contact any applicant or individual with a financial interest and request additional documentation or information; and (B) Verify any information submitted by the applicant. (3) The requirements of section (2)(a) of this rule do not apply to applicants for a producer license if the applicant demonstrates in a form and manner specified by the Commission that: 10/30/2017 18 (a) The applicant is applying for a license at an address where a marijuana grow site registered under ORS 475B.420 is located; (b) The address is outside of city limits; (c) At least one person responsible for a marijuana grow site located at the address first registered with the Authority under ORS 475B.420 before January 1, 2015; (d) Each person responsible for a marijuana grow site located at the address first registered with the Authority under ORS 475B.420 before February 1, 2016; and (e) The applicant is applying for a mature marijuana plant grow canopy of: (A) 5,000 square feet or less, if the marijuana is produced outdoors; or (B) 1,250 square feet or less, if the marijuana is produced indoors. (4) The Commission must inspect the proposed,premises prior to issuing a license. (5) If during an inspection the Commission determines the applicant is not in compliance with these rules, the applicant will be provided with a notice of the failed inspection and the requirements that have not been met. (a) An applicant that fails an inspection will have 4-5 30 calendar days from the date the notice was sent to submit a written response that demonstrates the deficiencies have been corrected. (b) An applicant may request in writing one extension of the 1530-day time limit in subsection (a) of this section, not to exceed 30 45 days. (6) If an applicant does not submit a timely plan of correction or if the plan of correction does not correct the deficiencies in a manner that would bring the applicant into compliance, the Commission may deny the application. (7) If the plan of correction appears, on its face, to correct the deficiencies, the Commission will schedule another inspection. (8) If an applicant fails a second inspection, the Commission may deny the application unless the applicant shows good cause for the Commission to perform additional inspections. Stat. Auth.: ORS 475B.025 Stats. Implemented: ORS 4756.045, 475B.285, 4756.063 & 2016 OL Ch. 23, Sec. 2 10/30/2017 19 845-025-1115 Denial of Application (1) The Commission must deny an initial or renewal application if: (a) An applicant is under the age of 21. (b) The applicant's land use compatibility statement shows that the proposed land use is prohibited in the applicable zone, if a land use compatibility statement is required. (c) The proposed licensed premises is located: (A) On federal property. (B) On reservation or tribal trust land of a federally recognized Indian tribe unless that tribe has entered into an agreement with the State of Oregon which allows licensing of recreational marijuana businesses. (C) At the same location or address, as a retail, processor or wholesale license, unless the licenses are of different types and all of the licenses at the address or location are held or sought by identical appli..of (d) The location proposed to be licensed is prohibited under OAR 845-025-1230. (e) The proposed licensed premises of a producer is located on the same tax lot, as a site registered with Oregon Department of Agriculture for the production of industrial hemp, unless the applicant submits and the Commission approves a control plan describing how the registered site will be separated from the premises proposed to be licensed and how the applicant will prevent transfer of industrial hemp to the licensed premises. (f) The proposed licensed premises of a processor who has applied for an endorsement to process extracts is located in an area that is zoned exclusively for residential use. (g) The proposed licensed premises of a retail applicant is located: (A) Except as provided in Oregon Laws 2016, chapter 83, section 29b, within 1,000 feet of: (i) A public elementary or secondary school for which attendance is compulsory under ORS 339.020; or (ii) A private or parochial elementary or secondary school, teaching children as described in ORS 339.030. (B) In an area that is zoned exclusively for residential use. 10/30/2017 20 (h) The proposed licensed premises of a wholesaler applicant is in an area zoned exclusively for residential use. (i) A city or county has prohibited the license type for which the applicant is applying, in accordance with ORS 4756.800. (2) The Commission may deny an initial or renewal application, unless the applicant shows good cause to overcome the denial criteria, if it has reasonable cause to believe that: (a) The applicant: (A) Is in the habit of using alcoholic beverages, habit-forming drugs, marijuana, or controlled substances to excess. (B) Has made false statements to the Commission. (C) Is incompetent or physically unable to carry on the management of the establishment proposed to be licensed. (D) Is not of good repute and moral character. (E) Does not have a good record of compliance with ORS 4756.010 to 475B.395, or these rules, prior to or after licensure including but not limited to: (i) The giving away of marijuana items as a prize, premium or consideration for a lottery, contest, game of chance or skill, or competition of any kind, in violation of ORS 4756.275 (ii) Providing marijuana items an individual without checking that the individual is 21 or older; (iii) Unlicensed transfer of marijuana items for financial consideration; or (iv) Violations of local ordinances adopted under ORS 4756.340, pending or adjudicated by the local government that adopted the ordinance. (F) Does not have a good record of compliance with ORS Chapter 471 or any rules adopted thereunder. (G) Is not possessed of or has not demonstrated financial responsibility sufficient to adequately meet the requirements of the business proposed to be licensed. (H) Is unable to understand the laws e • _ _ _ _ - _ _ _ • _ " _ _ _ - - - - - - - - ' - ' " - ' - ' = - - ' '- ' -".550 to 4758.590. 10/30/2017 21 _ . -e: _ _ _ _ _ - -e _ __ of this state related to marijuana or these rules. This may be demonstrated by violations documented by the Oregon Health Authority. (b) Any individual listed on the application has been convicted of violating a general or local law of this state or another state, or of violating a federal law, if the conviction is substantially related to the fitness and ability of the applicant to lawfully carry out activities under the license, except as specified in ORS 4756.045(3). (c) Any applicant isnot the legitimate owner of the business proposed to be licensed, or other persons have an ownership interest in the business have not been disclosed to the Commission. (d) The business proposed to be licensed is located at the same physical location or address as a premises licensed under ORS Chapter 471 or as a retail liquor agent appointed by the Commission. (e) The proposed licensed premises of a producer applicant is on the same tax lot, as another producer licensee under common ownership. (f) The proposed licensed premises of a producer applicant is on the same tax lot, as another producer licensee under diverse ownership if the Commission reasonably believes that the presence of multiple producers on the same tax lot creates a compliance risk or other risk to public health and safety. (q) The business proposed to be licensed does not have access to proposed license premise. (3) The Commission may refuse to issue a license to any license applicant or refuse to renew the license of any licensee when conditions exist in relation to any person having a financial interest in the business or in the place of business which would constitute grounds for refusing to issue a license or for revocation or suspension of a license if such person were the license applicant or licensee. (4)(a) The Commission may deny any initial or renewal application and may revoke any license if medical marijuana items are produced, processed, stored, sold or transported, to or from the same address or location of licensed business or business proposed to be licensed. (b) The Commission will not deny an initial application under this subsection if: (A) The applicant surrenders any registration issued by the Authority for the address or location of the business proposed to be licensed; (B) If applicable, the applicant notifies all other growers registered by the Authority at the location or address proposed to be licensed, in a form and manner prescribed by the Commission, that the grower is no longer permitted to produce medical marijuana at 10/30/2017 22 the address or location proposed to be licensed and must surrender his or her registration at that address or location; and (C) All medical marijuana activity at the location or address proposed to be licensed ceases prior to being issued an OLCC license. (5) If the Commission denies an application because an applicant submitted false or misleading information to the Commission, the Commission may prohibit the applicant from re-applying for five years. (6) The Commission may revoke a license for any reasons that it may deny a license. (7) A notice of denial must be issued in accordance with ORS 183. Stat. Auth.: ORS 4756.025 Stats. Implemented: ORS 475B.040, 475B.045, 475B.063, 475B.070, 475B.090, 4756.100, 4756.110, 475B.560, 475B.800, 2016 OL Ch 24, Sec. 1 & 2016 OL Ch. 83, Sec. 29b yfi 845-025-1160 F. Notification of Changes (1) An applicant or licensee must notify the Commission in writing within 10 calendar days of any of the following: (a) A change in any contact information for anyone listed in an application or subsequently identified as an applicant or an individual with a financial interest; (b) A disciplinary proceeding or licensing enforcement action by another governmental entity that may affect the licensee's business; (c) The temporary closure of the business for longer than 30 days; or (d) The permanent closure of the business. (2) An applicant or licensee must notify the Commission in a manner prescribed by the Commission within 24 hours of the arrest or conviction for any misdemeanor or felony of an individual listed in an application o subsequently identified as an applicant, licensee or individual with a financial interest. Violation of this section is a Category I violation. (3) A licensee must notify the Commission as soon as reasonably practical and in no case more than 24 hours from the theft of marijuana items or money from the licensed premises. 10/30/2017 23 (4) Changes in Financial Interest or Business Structure. A licensee that proposes to change its corporate structure, ownership structure or change who has a financial interest in the business must submit a form prescribed by the Commission, and any information identified in the form to be submitted, to the Commission, prior to making such a change. (a) The Commission must review the form and other information submitted under subsection (1) of this rule, and will approve the change if the change would not result in an initial or renewal application denial under OAR 845-025-1115, or serve as the basis of a license suspension or revocation. (b) If the Commission denies the change but the licensee proceeds with the change the licensee must surrender the license or the Commission will propose to suspend or revoke the license. (c) The Commission will not accept a form for a change in corporate structure or financial interest if the license is expiring in less than 90 days, the licensee is under investigation by the Commission, or has been issued a Notice by the Commission following an alleged violation and the alleged violation has not been resolved. (d) If a licensee has a change in ownership that is 51% or greater, a new application must be submitted in accordance with OAR 845-025-1030. (5) Change of Location. (a) A licensee who wishes to change the location of the licensed premises must submit a completed application for the new premises including all required forms and documents and the fee specified in OAR 845-025-1060, but does not need to submit information and fingerprints required for a criminal background check if there are no changes to the individuals listed on the initial application. (b) The Commission must approve any change of location prior to licensee beginning business operations in the new location. (6) Addition or Change of Trade Name. (a) A licensee must notify and receive approval from the Commission on a form prescribed by the Commission prior to changes or additions to the business trade name. (b) The Commission may deny any addition or change to license before a licensee begins using a new trade name. Stat. Auth.: ORS 4756.025 Stats. Implemented: ORS 4756.055 &4756.045 10/30/2017 24 845-025-1175 Changing, Altering, or Modifying Licensed Premises (1) The Commission issues licenses with the understanding that the licensee will operate the business as proposed at the time of licensing. A licensee may not make any physical changes to the licensed premises that materially or substantially alter the licensed premises or the usage of the licensed premises from the plans originally approved by the Commission without the Commission's prior written approval. (2) A licensee who intends to make any material or substantial changes to the licensed premises must submit a form prescribed by the Commission, and submit any information identified in the form to be submitted, to.the Commission, prior to making any such changes. (3) The Commission must review the form and other information submitted under subsection (2) of this rule, and will approve the changes if the changes would not result in an initial or renewal application denial under OAR 845-025-1115. (4) If the Commission denies the change the licensee must not make the proposed changes. If the licensee makes the proposed changes, the licensee must surrender the license or the Commission will propose to suspend or revoke the license. (5) If the Commission approves the ch' e, the , ission may require a site inspection of the changed area and a modification of the licensee's security plan prior to the licensee exercising any license privileges. (6) For purposes of this rule a material or substantial change requiring approval includes, but is not limited to: (a) Any increase or decrease in the total physical size or capacity of the licensed premises; (b) The sealing off, creation of or relocation of a common entryway, doorway, passage or other such means of public ingress or egress, when such common entryway, doorway or passage alters or changes limited access areas, such as the areas in which cultivation, harvesting, processing, or sale of marijuana items occurs within the licensed premises; (c) Any physical change that would require the installation of additional video surveillance cameras or a change in the security system; or (d) Any addition or change of location of a primary residence located on the same tax lot as a licensed premises. Stat. Auth.: ORS 475B.025 Stats. Implemented: ORS 475B.070, 475B.090, 475B.100, 4756.110 &475B.560 10/30/2017 25 845-025-1190 License Renewal (1) Renewal Applications: (a) Any licensee who files a completed renewal application with the Commission at least 20 days before the date the license expires may continue to operate as if the license were renewed, pending a decision by the Commission; (b) Any licensee who does not file a completed renewal application at least 20 days before the existing license expires must stop engaging in any licensed activity when the license expires. However: (A) If the Commission receives a completed license renewal application less than 20 days before the date the existing license expires, the Commission will, upon receipt of the appropriate late renewal fee in OAR 845-025-1070, issue a letter of authority to operate beyond the expiration of the license, pending a decision by the Commission; (B) A licensee must not engage in any licensed activity after the license expires. If the Commission receives a completed license renewal application within 30 days after the date the existing license expires, the Commission will, upon receipt of the appropriate late renewal fee in OAR 845-025-1070, issue a letter of authority to resume operation, pending a decision by the Commission. (c) The Commission will not renew a license if the Commission receives the renewal application more than 30 days after the license expires. A person who wants to resume licensed activity in this circumstance: (A) Must submit a completed new application, including the application fee, license fee, documents and information required by the Commission; and (B) Must not engage in any licensed activity unless and until they receive authority to operate from the Commission after submitting the completed new application. (d) A person relicensed under section (1)(c) of this rule who engaged in any activity that would require a license while not licensed in violation of section (1)(b)(B) of this rule may be subject to administrative and criminal sanctions. (e) A person who engages in any activity that requires a license but is not licensed may be subject to criminal prosecution. (f) For purposes of this rule, a completed application: (A) Is considered filed when received by the Commission; and 10/30/2017 26 (B) Is one that is completely filled out, is signed by all applicants and includes the appropriate application and license fee. (2) The Commission may refuse to renew a license if the licensee has any unresolved compliance issues with the Commission. Stat. Auth.: ORS 475B.025, 4756.070, 475B.090, 475B.100, 475B.110 & 475B.560 Stats. Implemented: ORS 475B.040 & 2017 OL Ch. 183 Sec. 12 845-025-1230 Licensed Premises Restrictions and Require (1) A licensed premises may not be located: (a) On federal property; or (b) At the same physical location or address as a: (A) Medical marijuana grow site registered under the Oregon Medical Marijuana Program; ORS 475.304, unless the grow site is also licensed under ORS 4758.080; (B) Medical marijuana processing site registered under ORS 4756.435; (C) Medical marijuana dispensary registered under ORS 4756.450; or (D) Liquor licensee lice sed under ORS Chapter 471 or as a retail liquor agent appointed by,µthe Com ion (2) The licensed premises of ti oducer applicant may not be on: (a) Public land; or (b) The same tax lot as another producer licensee under common ownership. (3) The licensed premises of a retailer may not be located: (a) Within 1,000 feet of: (A) A public elementary or secondary school for which attendance is compulsory under ORS 339.020; or (B) A private or parochial elementary or secondary school, teaching children as described in ORS 339.030. (b) In an area that is zoned exclusively for residential use. 10/30/2017 27 (4) The licensed premises of a processor who has an endorsement to process extracts may not be located in an area that is zoned exclusively for residential use. (5) The licensed premises of a processor, wholesaler, laboratory and retailer must be enclosed on all sides by permanent walls and doors. (6) A licensee may not permit: (a) Any minor to work or be on a licensed premises except as described in section (7) and (8) of this rule; or (b) On-site consumption of a marijuana item, alcohol, or other intoxicant by any individual, except that a license representative who has a current registry identification card issued under ORS 475B.415 may consume marijuana during his or her work shift on the licensed premises as necessary for his or her medical condition, if the employee is alone, in a closed room and not visible to others outside the room. A license representative who consumes a marijuana item as permitted under this section may not be intoxicated while on duty. For purposes of this section allowable on-site consumption in an enclosed area, as that as defined in OAR 333-015-0030 does not include smoking, combusting, inhaling, vaporizing, or aerosolizing a marijuana item. MA licensee may permit a minor to be on the licensed premises, if the minor: (a) Has a legitimate business purpose for being on the licensed premises, may be on the premises for a limited period of time in order to accomplish the legitimate business purpose. For example, a minor plumber may be on the premises in order to make a repairi- (b) Passes through the licensed area of an outdoor producer in order to reach an unlicensed area, so long as the minor is not present in areas that contain marijuana items; (c) Rfesides on the tax lot where a marijuana producer is licensed may be present on those portions of a producer's licensed premises that do not contain usable marijuana or cut and drying marijuana plants or; (d) Is a current Oregon Medical Marijuana Proqram cardholder or primary caregiver. (89) A licensee must clearly identify all limited access areas in accordance with OAR 845-025-1245. (910) Log. A licensee must keep a daily log of all employees, contractors and license representatives who perform work on the licensed premises. 10/30/2017 28 (a) A licensee must record the name and permit number of every current employee and license representative in CTS. 1131 All employees, contractors and licensee representatives present on the licensed premises must wear clothing or a badge issued by the licensee that easily identifies the individual as an employee, contractor or licensee representative. A visitor badge is not required for government officials. (c) All visitors must be accompanied by a licensee representative at all times. (db) If a current employee or license representative is not required to have a marijuana worker permit, the licensee must record the name and date of birth for that individual in CTS. (eG) A licensee must record the name and date of birth for every contractor who performs work on the licensed premises. If the contractor is licensed by the State of Oregon, the licensee must also record the contractor's license number. (104) Permitted Visitors. The general public is not permitted in limited access areas on a licensed premises, except for the consumer sales area of a retailer,and as provided by section (14) of this rule. In addition to licensee representatives, the following visitors are permitted to be present in limited access areas on a licensed premises, subject to the requirements in section (12) and (13) of this rule and other pertinent rules: (a) Laboratory personnel, if the laboratory is licensed by the Commission; (b) A contractor, vendor or service provider authorized by a licensee representative to be on the licensed premises; (c) Another licensee or that licensee's representative; (d) Invited guests as defined in OAR 845-025-1015 subject to requirements of section {12} this rule; or (e) Tour groups as permitted under section (14) o y this rule. rule must be documented and issued a visitor identification badge from a licensee rule must be accompanied by a licensee representative at all times. government officials. 10/30/2017 29 (114) Producer Tours. A marijuana producer or research certificate holder may offer tours of the licensed premises, including limited access areas, to the general public if the licensee submits a control plan in writing and the plan is approved by the Commission. (a) The plan must describe how conduct of the individuals on the tour will be monitored, how access to usable marijuana will be limited, and what steps the licensee will take to ensure that no minors are permitted on the licensed premises. (b) The Commission may withdraw approval of the control plan if the Commission finds there is poor compliance with the plan. Poor compliance may be indicated by, for example, individuals on the tour not being adequately supervised, an individual on the tour obtaining a marijuana item while on the tour, a minor being part of a tour, or the tours creating a public nuisance. (125) Nothing in this rule is intended to prevent or prohibit Commission employees or contractors, or other state or local government officials that have jurisdiction over some aspect of the licensed premises or licensee from being on the licensed premises. (135) A licensee may not sublet any portion of a licensed premises. (14-7) A licensed premises may receive marijuana items only from a marijuana producer, marijuana processor, or marijuana wholesaler for whom a premises has been licensed by the Commission or as otherwise provided by these rules. (155) A licensed wholesaler or retailer who sells or handles food, as that term is defined in ORS 616.695, or cannabinoid edibles must also be licensed by the Oregon Department of Agriculture under ORS 616.706.' Stat. Auth.: ORS 4756.025, 4756.070, 4756.090, 4756.100, 4756.110 Stats. Implemented: ORS 4756.090, 4756.100, 4756.110, 4756.260, 4756.005, 4756.180 & 4756.280 845-025-1275 Closure of Business (1) A license expires upon death of a licensee unless the Commission issues an order as described in subsection (2) of this rule. (2) The Commission may issue an order providing for the manner and condition under which: (a) Marijuana items left by a deceased, insolvent or bankrupt person or licensee, or subject to a security interest, may be foreclosed, sold under execution or otherwise disposed. 10/30/2017 30 (b) The business of a deceased, insolvent or bankrupt licensee may be operated for a reasonable period following the death, insolvency or bankruptcy. (3) A secured party, as defined in ORS 79.0102, may continue to operate a business for which a license has been issued under section ORS 4756.070, 4756.090, 4756.100 or 4756.110 for a reasonable period after default on the indebtedness by the debtor. (4) If a license is revoked, the Commission must may address in its order the manner and condition under which marijuana items held by the licensee may be transferred or sold to other licensees or must be otherwise disposed. (5) If a license is surrendered or expires the Commission may address by order the manner and condition under which marijuana items held by the licensee may be transferred or sold to other licensees or must •- otherwise disposed of. Stat. Auth.: ORS 4756.025 Stats. Implemented: ORS 4756.033 845-025-1300 Licensee Prohibitions (1) A licensee may not: (a) Import into this state or export from t is state a y'marijuana items; (b) Give marijuana items as a prize, premium or consideration for a lottery, contest, game of chance or game of skill, or competition of any kind; (c) Sell, give or otherwise make available any marijuana items to any person who is visibly intoxicated; (d) Make false representations or statements to the Commission in order to induce or prevent action by the Commission; (e) Maintain a noisy, disorderly or insanitary establishment or supply adulterated marijuana items; (f) Misrepresent any marijuana item to a customer or to the public; (g) Sell any marijuana item through a drive-up or walk-up window; (h) Deliver marijuana to any consumer off the licensed premises except as permitted by OAR 845-025-2880; (i) Sell or offer to sell a marijuana item that does not comply with the minimum standards prescribed by the statutory laws of this state; or 10/30/2017 31 (j) Use or allow the use of a mark or label on the container of a marijuana item that is kept for sale if the container does not precisely and clearly indicate the nature of the container's contents or in any way might deceive a customer as to the nature, composition, quantity, age or quality of the marijuana item. (2) No licensee or licensee representative may be under the influence of intoxicants while on duty. (a) For purposes of this rule "on duty" means: (A) The beginning of a work shift that involves the handling or sale of marijuana items, checking identification or controlling conduct on the licensed premises, to the end of the shift including all breaks; (B) For an individual working outside a scheduled work shift, the performance of acts on behalf of the licensee that involve the handling or sale of marijuana items, checking identification or controlling conduct on the licensed premises, if the individual has the authority to put himself or herself on duty; or (C) A work shift that includes supervising those who handle or sell marijuana items, check identification or control the licensed premises. (b) Whether a person is paid or scheduled for work is not determinative of whether the person is considered "on duty" under this subsection. Stat. Auth.: ORS 4756.025, 4756.070, 4756.090, 4756.100, 4756.110 Stats. Implemented: ORS 4756.185, 4756.190, 4756.195, 4756.205, 4756.270 & 4756.275 845-025-1330 Trade Samples (1) The following licensees may provide samples of marijuana items to other licensees for the purpose of determining whether to purchase the product: (a) A producer may provide a sample of usable marijuana to a marijuana wholesaler, retailer or processor licensee. (b) A processor may provide a sample of a cannabinoid product, concentrate or extract to a marijuana producer, processor, wholesaler or retailer. (c) A wholesaler may provide a sample of usable marijuana or a cannabinoid product, concentrate or extract to a marijuana wholesaler, retailer or processor licensee. (2) The sample marijuana items may not be consumed or used on a licensed premises. 10/30/2017 32 (3) The sample may not be resold to another licensee or consumer. (4) Any sample provided to another licensee or received by a licensee must be recorded in CTS. (5) Any samples provided under this rule must be tested in accordance with OAR 333- 007-0300 to 333-007-0490. (6) A licensee is limited to providing the following aggregate amounts of sample marijuana items to an individual recipient licensee in a 30-day period: I (a) 30 grams of usable marijuana; 1 (b) 5 grams of cannabinoid concentrates or extracts; and (c) 3 units of sale of any individual cannabinoid product. (7) Any sample given to a licensee shall have a label containing the following in any legible font that is at least 1/16th of an inch in height based on the lower case (a) A statement that reads: "TRADE SAMPLE NOT FOR RESALE" in bold, capital letters attached to the marijuana item; 'r (b) The product identity; 11 (c) The unique identification number; an. , (d) The net weight or contents of the marijuana or marijuana item. Stat. Auth.: ORS 4756.025, 475B.070, 475B.090, 475B.100 & 475B.110 Stats Implemented: ORS 475B.025, 475B.070, 475B.090, 4756.100 & 4756.110 845-025-1335 Marijuana Promotional Eve (1) Eligibility. Oregon House Bill 1057 (2017), section 17 allows businesses licensed by the Oregon Liquor Control Commission (OLCC) under ORS 475B.010 to 4756.395 to transport marijuana items to and exhibit marijuana items at a trade show or similar event. This rule sets the qualifications and requirements for promotional events. (2) Definitions. (a) "Event organizer" means a person licensed under ORS 475B.010 to 475B.395 who submits a promotional event application and serves as the primary contact with the Commission. 10/30/2017 33 (b) "Participating licensee" means a person licensed under ORS 4756.010 to 4756.395 who has been named as a participant in a promotional event application. (c) "Promotional event" means an event at which marijuana items are displayed pursuant to the requirements of this rule. (3) Event Organizer. (a) One participating licensee listed on the application must be identified as the event organizer. Participating licensees and the event organizer may be charged with any violations of this rule. (b) Event Organizers must: (A) Receive approval from the Commission prior to the event date that specifies all approved participating licensees; (B) Update and maintain the application; (c) Verify that all participating licensees'manifests and accurately reflect the marijuana items that are transported to the promotional event; (d) Maintain a log of participating licensees' attendance; (e) Keep a copy of the approved application at the event; and (f) Be present or designate another license representative to be present during the event. (4) Promotional events may not be held: (a) At a location licensed under ORS 475B.010 to 475B.395 or 475B.560; or (b) In a city or county that has adopted an ordinance to prohibit recreational marijuana businesses. (5) Promotional events may be held at a location that holds a license under ORS 471, as Ionq as no consumption of alcohol occurs within the area(s) approved to hold the marijuana promotional event. (6) Approved promotional events allow participating licensees to display: (a) Marijuana plants from the inventory of the participating licensee; and (b) Marijuana items from the inventory of the participating licensee. (7) An event organizer or participating licensee may not: (a) Display any marijuana items not in the participating licensee's inventory; (b) Display any industrial hemp items, as defined by OAR 603-048-2310; (c) Sell, transfer or distribute any marijuana items at the promotional event; (d) Distribute any samples of marijuana items; or (e) Allow consumption or use of alcohol or marijuana items of any kind in the approved area. (8) Transportation and Possession. (a) Participating licensees may not transport nor possess more than the following amounts to or at the promotional event: (A) 24 ounces of usable marijuana; (B) 4 mature whole living marijuana plants; (C) 10 immature plants; (D) 500 seeds, tracked by count in CTS; 10/30/2017 34 (E) 16 ounces of cannabinoid products in solid form; or (F) 72 ounces of cannabinoid products in liquid form. (b) All participating licensees must immediately return all marijuana items to their licensed premises after the conclusion of the event. (9) Promotional event CTS requirements. (a) All marijuana items must be tracked and tagged pursuant to CTS rule requirements. (b) Each marijuana item is required to have the item's associated UID tag affixed to the item or package; (c) All participating licensees must generate a printed transport manifest in CTS that accompanies all marijuana items for the duration of the promotional event that contains the following information: (A) The name, contact information of a licensee representative, licensed premises address and license number of the licensee transporting the marijuana items; (B) Product name and quantities (by weight or unit) of each marijuana item contained in each transport, along with the UlDs for every item; (C) The date of transport and approximate time of departure; (D) Date and estimated time when the marijuana items will be returned to the licensed premises at the conclusion of the promotional event; and (E) Delivery vehicle make and model and license plate information. (d) Failure to properly track marijuana items as required in this subsection is a Category Ill violation.An intentional violation of this rule is a Category I violation and may result in license revocation. (10) Application Requirements. (a) The Commission may refuse to process any application that is not made in writing at least 28 days before the date of the event in a form and manner prescribed by the Commission. (b) The Commission may only accept one application per promotional event. (c) The Commission may require additional forms, documents, or information as part of the application. (d) The Commission may refuse to process any application that is not complete, not accompanied by the documents or disclosures required by the form or the Commission, or that does not allow the Commission sufficient time to investigate and process the application. (e) The Commission may limit approval of any application to a single day or to any consecutive number of days, not to exceed sixteen consecutive days. (11) The application for a promotional event under this rule shall include: (a) The names of all participating licensees; (b) A description of the amount and types of marijuana items proposed to be transported and displayed at the promotional event; (c) A written control plan that the Commission determines: (A) Adequately manages the event to prevent unlawful activity and violations; and 10/30/2017 35 (B) Prevents any person under 21 years to be admitted to the areas where marijuana or marijuana items are present at the event. (d) The names of the licensee representatives onsite at the promotional event and if applicable, their worker permit numbers issued under OAR 845-025-5500; (e) Identification of the premises or area proposed for the promotional event; (f) Statement of the type of event to be licensed, type and extent of entertainment to be offered, expected patronage overall, minor control plan and proposed hours of operation; and (q) A statement signed by every participating licensee indicating that the licensee has read and agrees to follow the final approved control plan. (12) Denial. (a)The Commission may deny any application for a promotional event that does not meet the requirements of this rule. The Commission may deny, cancel or restrict an application for a promotional event: (a)For any reason for which the Commission may deny, cancel or restrict a regular license or if the Commission, in its discretion, determines that promotional event presents a risk to public health and safety or; (b) If any participating licensee has been found to have violated ORS 4756.010 to 1 475B.395 or any rules adopted there under in the past 24 months. (13) When the Commission approves a written control plan required under this rule, the licensee(s) must follow that written plan. Failure to follow that written plan is a Category Ill violation. An intentional violation of this rule is a Category I violation and may result in license revocation. (14) The Commission may immediately revoke authority of any participating licensee to participate in the promotional event if the Commission has reasonable grounds to believe continued operation of the event presents a risk to public health and safety. Stat. Auth.: ORS 4756.025 & 2017 OL Ch. 183 Sec. 17 & 18 Stats. Implemented: 2017 OL Ch. 183 Sec. 17 & 18 845-025-1400 Security Plans (1) An applicant must have a security plan. The Commission will not conduct any pre- licensing inspection under OAR 845-025-1090(3-4. until it has approved an applicant's security plan. (2) The Commission must notify an applicant in writing whether the security plan has been approved. If the security plan is approved with a waiver granted under OAR 845- 025-1405, the notice must specifically describe the alternate safeguards that are required and, if time limited, must state the time period the security plan is in effect. 10/30/2017 36 (3) A licensee must notify the Commission of any proposed changes to a security plan and must have approval prior to implementing any change. The Commission will notify a licensee whether the change is approved in the same manner described in subsection (2) of this rule. (4) The Commission may withdraw approval of the security plan at any time if there have been one or more documented instances of theft or loss of marijuana items on the licensed premises within the past year. If the Commission withdraws its approval of the security plan, the licensee will be given a reasonable period of time to modify the plan and if the security plan was approved with a waiver of any security requirements, will be given a reasonable period of time to come into compliance with the security requirements that were waived. (5) Failure to comply with the terms of an approved security plan is a Category III violation. Stat. Auth.: ORS 475B.025, 475B.070, 475B_090, 475B.100 & 475B.110 Stats. Implemented: ORS 4756.025, 4756.070, 475B.090, 475B.100 &475B.110 845-025-1430 vet Video Surveillance Equipment (1) A licensed premises must have a fully operational video surveillance recording system. (2) Video surveillance e$ '"•merit ust, at a mi imum: � Ex (a) Consist of: (A) Digital or network vid- 1-cord _>. (B) Cameras capable of meeting the requirements of OAR 845-025-1450 and this rule; (C) Video monitors; (D) Digital archiving devices; (E) A minimum of one monitor on premise capable of viewing video; and (F) A printer capable of producing still photos. (b) Have the capability of producing and printing a still photograph from any camera image; 10/30/2017 37 (c) Be equipped with a failure notification system that provides, within one hour, notification to the licensee or an authorized representative of any prolonged surveillance interruption or failure; and (d) Have sufficient battery backup to support a minimum of one hour of recording time in the event of a power outage. (3) Except for mounted cameras, all video surveillance equipment and recordings must be stored in a locked secure area that is accessible only to the licensee, licensee representatives and authorized personnel, Commission employees and contractors, and other state or local government officials that have jurisdiction over some aspect of the licensed premises or licensee. Stat. Auth.: ORS 4756.025, 4756.070, 4756.090, 4756.100:'& 4756.110 Stats. Implemented: ORS 4756.025, 4756.070, 4756.090, 4756.100 & 4756.110 845-025-2000 Canopy Definitions As used in OAR 845-025-2000 to 845-025-2080: (1) "Canopy" means the surface area utilized to produce mature marijuana plants calculated in square feet and measured using the outside boundaries of any area that includes mature marijuana plants including all of the space within the boundaries. (2) "Indoor production" means producing marijuana in any manner: (a) Utilizing artificial lighting on mature marijuana plants; or (b) Other than "outdoor production" as that is defined in this rule. (3) "Outdoor production" means producing marijuana: (a) In an expanse of open or cleared ground; or (b) In a greenhouse, hoop house or similar non-rigid structure that does not utilize any artificial lighting on mature marijuana plants, including but not limited to electrical lighting sources. (4) Immature Canopy means the space used to propagate immature marijuana plants calculated in square feet and measured using the outside boundaries of any area that includes immature marijuana plants including all of the space within the boundaries. Stat. Auth.: ORS 4756.025, 4756.070 &4756.075 & 2017 OL Ch. 183 Stats. Implemented: ORS 4756.025, 4756.070 & 4756.075 10/30/2017 38 845-025-2020 Producer Privileges; Prohibitions (1) A producer may: (a) Plant, cultivate, grow, harvest and dry marijuana in the manner approved by the Commission and consistent with ORS 475B and these rules; (b) Engage in indoor or outdoor production of marijuana, or a combination of the two; (c) Sell or transport: (A) Usable marijuana to the licensed premises of a marijuana processor, wholesaler, retailer, laboratory, non-profit dispensary, or research certificate holder; (B) Whole, non-living marijuana plants that have been entirely removed from any growing medium to the licensed premises of a marijuana processor, wholesaler, non- profit dispensary or research certificate holder; (C) Immature marijuana plants and seeds to the licensed premises of a marijuana producer, wholesaler, retailer or research certificate holder; (D) Marijuana waste to a producer, processor, wholesaler, or research certificate holder. (d) Purchase and receive: (A) Immature marijuanattants and seeds from a producer, wholesaler, or research certificat 1 (B) Marijuana waste from a pros ucer, processor, wholesaler, retailer, laboratory, or research certificate holder; and (C) Usable marijuana produced,by the licensee that has been stored by a wholesaler on the producer's behalf. (e) Allow a laboratory licensee to obtain samples for purposes of performing testing as provided in these rules and OAR 333-007-0300 to 333-007-0490. (f) Accept or make returns, as long as the producer: (A) Only accepts or returns usable marijuana, immature marijuana plants, seeds and whole non-living marijuana plants; (B) Only accepts or returns eligible items listed in (A) of this section from the original licensee whom supplied or purchased the item; and 10/30/2017 39 (C) Accurately records the transaction in the CTS. (2) A producer may not sell, deliver, purchase, or receive any marijuana item other than as provided in section (1) of this rule. Stat. Auth.: ORS 475B.025, 475B.070 & 475B.075 Stats. Implemented: ORS 475B.025, 475B.070, 475B.075, 2016 OL Ch. 23, Sec. 24 & 2016 OL Ch. 24, Sec. 12 & 65 845-025-2025 Micro Tier Processing. Privileges; Prohibitions (1) In addition to the privileges in OAR 845-025-2020, Micro Tier I & Micro Tier II may process marijuana to produce marijuana concentrates, as long as: (a) The process involves separating cannabinoids from marijuana by: (A) A mechanical process; or (B) An extraction process using water as the solvent. (b) The producer applies for a concentrate endorsement. (2) In addition to the prohibitions in OAR 845-025-2020 a micro producer may not: (a) Make cannabinoid extracts; or (b) Make a concentrate using steam; (3) Concentrate Endorsement. (a) In order to apply for an endorsement an applicant or micro producer licensee must submit a form prescribed by the Commission that includes: (A) A description of the process the micro producer intends to implement to process usable marijuana into a concentrate; and (B) A description of equipment to be used. (b) A micro producer must notify the Commission in writing and provide the date on which the processing of that product will cease. (c) The Commission may deny a producer's request for an endorsement, under this rule, if the producer cannot or does not meet the applicable requirements for the concentrate endorsement. If the Commission denies approval the producer has a right to a hearing under the procedures of ORS Chapter 183. Stat. Auth.: 2017 OL Ch. 476 Sec. 8 Stat. Implemented: ORS 475B.025 & 2016 OL Ch. 24, Sec. 1 845-025-2040 Production Size Limitations (1) Maximum Canopy Size Limits for mature canopy area. (a) Indoor Production. 10/30/2017 40 (A) Micro tier I: Up to 625 square feet. (B) Micro tier II: 626 to 1 ,250 square feet. (C) Tier I: 1,251 to 5,000 square feet. (D) Tier II: 5,001 to 10,000 square feet. (b) Outdoor production. (A) Micro tier I: Up to 2,500 square feet. wfty (B) Micro tier II: 2,501 to 5000 square feet. (C) Tier 1: 5,001 to 20,000 square feet. (D) Tier II: 20, square to 40,000 feet. (c) Mixed production. If a producer intends to have a mixture of indoor and outdoor mature canopy production the Commission will determine the producer's tiers and mature canopy area sizes by applying the ratio in section (4) of this rule. (2) Immature Canopy Size Limits. Unless otherwise provided by these rules, the maximum Canopy Size Limits for immature canopy area for licenses issued or renewed after April 1, 2018 shall be: (a) 625 square feet for Micro tier I producers. (b) 1,250 square feet for Micro tier II producers. (c) 5,000 square feet for Tier I producers. (d) 10,000 square feet for Tier II producers. (34) For purposes of this section, Canopy Measurements. Square footage of canopy space is measured horizontally starting from the outermost point of the furthest mature flowering plant in a designated growing space and continuing around the outside of all mature flowering plants located within the designated growing space. (ae) A producer may designate multiple up to 20 grew canopy areas including both immature and mature canopy areas at a licensed premises but those spaces must be separated by a physical boundary such as an interior wall or by at least eight feet of open space. ° - - - -- ...-- ---- - - :.-. • - - -- - - . . --. - - - - 10/30/2017 41 Commission grants- - - - -- 4-, -- _c.... _ u-'e - • . ._ (gb) On an annual basis, the Commission will evaluate market demand for marijuana items, the number of person applying for producer licenses or licensed as producers and whether the availability of marijuana items in this state is commensurate with the market demand. Following this evaluation the Commission may amend this rule as needed. (24) Canopy Size Limit— Designation and Increases. (a) A producer must clearly identify designated mature and immature canopy areas and proposed canopy size in the initial license application and upon renewal. A producer may change a designated canopy area within a production type at once during the term of the license with prior written approval from the Commission, but a producer may only change canopy tiers at the time of renewal in accordance with - - - . this rule. (b) A producer may submit a request to change canopy tiers at the time the producer submits an application for renewal of the license. The Commission will grant approval of the request to increase the canopy tier for the producer's next licensure term if: (A) The producer's renewal application is otherwise complete; (B) There are no bases to deny or reject the producer's renewal application; (C) The producer has not already reached the applicable maximum canopy size set forth in section (2) of this rule; and (D) During the preceding year of licensure, the producer has not been found to be in violation, and does not have any pending allegations of violations of ORS 475B or these rules. (c) The Commission shall give a producer an opportunity to be heard if a request is rejected under this section. (35) Mixed cultivation methods. (a) A producer may produce marijuana indoors and outdoors at the same time on the same licensed premises. The Commission must be notified of a producer's plan to engage in the indoor and outdoor production of marijuana at the time of initial licensure or at renewal, and not at any other time. A producer who utilizes mixed production may only change designated canopy areas from one production type to another at the time the producer submits a renewal application. 10/30/2017 42 (b) The Commission must approve the canopy size applicable to each method. (c) The Commission will use a 4:1 ratio, for outdoor and indoor respectively, to allocate canopy size limits under this section, not to exceed the sum canopy size limits set forth in section (1) of this rule. For example, if a Tier II producer in the first year of licensure has 5,000 square feet of indoor canopy space, then the producer may have up to 20,000 square feet of outdoor canopy space at the same time. (46) Mature marijuana plants may only be located within the designated canopy area. (57) Violations. An intentional violation of this rule is a Category I violation and may result in license revocation. All other violations are Category III violations. Stat. Auth.: ORS 475B.025, 4756.070 & 475B.075 Stats. Implemented: ORS 475B.075 & 2017 OL.Ch. 183 845-025-2045 Propagation Endorsement (1) A producer licensee may apply for a propagation endorsement in order to prow additional immature canopy as defined by these rules. (2) Application. A producer applying for an endorsement under this rule, must submit a propagation plan that demonstrates that an additional immature canopy is needed for the production of immature plants or seeds for sale to other licensees. (3) Land-use Compatibility Statement. (a) Licensed producers who have previously submitted a land use compatibility statement are not required to submit an additional land use compatibility statement when registering for a propagation endorsement, so long as there is no change in aggregate mature and immature canopy areas. (b) Licensed producers who were exempt from submitting a land use compatibility statement under these rules at the time of licensure must submit a land use compatibility statement when registering to produce marijuana for patients if the producer's total canopy of mature medical and recreational plants exceeds 5,000 square feet for outdoor producers and 1,250 square feet for indoor producers. (4) Denial and Revocation. The Commission may deny a producer's request for an endorsement or revoke the endorsement. If the Commission denies or revokes approval the producer has a right to a hearing under the procedures of ORS chapter 183. 10/30/2017 43 Stat Auth.: 475b.025 Stat. Implemented: 2017 OL Ch. 183 845-025-2060 Recreational Marijuana Producers —Start-up Inventory (1) Marijuana producers may not receive immature marijuana plants or seeds from any source other than from another licensee, except: (a) Between January 1, 2016 and December 31, 2017 July 1, 2018 a marijuana producer may receive immature marijuana plants and seeds from any source within Oregon for up to 90 days following initial licensure by the Commission; (b) Pursuant to the transfer of medical marijuana inventory under OAR 845-025-2100. (2) The marijuana producer shall, through CTS, report receipt of the number of immature marijuana plants or seeds received under this section within 24 hours of the plants or seeds arriving at the licensed premises. A producer does not have to document the source of the immature plants or seeds during the 90 day start-up period. (3) The requirements in section (2) of this rule do not apply during the first ten calendar days of licensure so long as the licensee has ordered UID tags and the UID tags are in transit to the licensee. (4) Failure to comply with this rule is a Category I violation and could result in license revocation. Stat. Auth. ORS 475B.025& 475B070 Stats. Implemented: ORS 4756.023, 4756.070 & 2016 OL Ch. 24, Sec. 25 845-025-2070 Pesticides, Fertilize and Agricultural Chemicals (1) Pesticides. A producer may only use pesticides in accordance with ORS Chapter 634 and OAR 603, division 57. (2) Fertilizers, Soil Amendments, Growing Media. A producer may only use fertilizer, agricultural amendments, agricultural minerals and lime products in accordance with ORS Chapter 633. (3) A producer may not treat or otherwise adulterate usable marijuana with any chemical, biologically active drug, plant, substance, including nicotine, or other 10/30/2017 44 compound that has the effect or intent of altering the usable marijuana's color, appearance, weight or smell. (4) In addition to other records required by these rules, a producer must maintain, at all times and on the licensed premises: (a) The material safety data sheet (MSDS) for all pesticides, fertilizers or other agricultural chemicals used by the producer in the production of marijuana; (b) The original label or a copy thereof for all pesticides, fertilizers or other agricultural chemicals used by the producer in the production of marijuana; and (c) A log of all pesticides, fertilizers or other agricultural chemicals used by the producer in the production of marijuana. The log must include: (A) The information required to be documented by a pesticide operator in ORS 634.146; and (B) The unique identification tag number of the cultivation batch or individual mature marijuana plant to which the product was applied, or if applied to all plants on the licensed premises a statement to that affect. (5) A producer may maintain the records required under this rule in electronic or written form. If electronic, a producer shall maintain a backup system or sufficient data storage so that records are retained for no less than two years after harvest of any marijuana on which documented products were,used. If written, a producer shall ensure that the records are legible and complete, shall keep them in a safe and secure location, and shall retain the records for no less than two years after harvest of any marijuana on which documented products were used. (6) A producer must make the records required under this rule immediately available during a premises inspection by a Commission regulatory specialist. If the Commission requests copies of the records at any time other than during a premises inspection, a producer shall produce the records upon request. (7) A violation of sections (1) to (34) of this rule is a Category 1 violation and could result in license revocation. (8) Notwithstanding (7) of this rule, if a licensee accepts responsibility for an illegal pesticide application through Department of Agriculture's Marijuana Compliance Assistance Program and successfully completes the program, the licensee will receive a notice of warning for their first violation. Any subsequent violations are Category I violations. 10/30/2017 45 (9) A failure to keep complete records as required by this section (4) rule is a Category III violation. A failure to keep records on the licensed premises, or failure to timely produce records, is a Category III violation. Stat. Auth.: ORS 4756.025 & 4756.070 Stats. Implemented: ORS 4756.070 & 4756.160 845-025-2080 Harvest Lot Segregation (1) A producer must, within 45 days of harvesting a harvest lot must;- (a) Pphysically segregate the harvest lot from other harvest lotsi (b) Pplace the harvest lot in a receptacle or multiple receptaclesi (c) Aassign and affix a UID tag to each receptacle that is linked to each plant that was harvestedi (d) Ensure all inventory tracking procedures have been followed as required by 845-025-7540 to 845-025-7580; (e) Ensure current weights of all receptacles in (c) are accurately recorded in CTS pursuant to the system requirements of CTS; and (f) Ensure all weight of the harvest has been recorded and designated in CTS is either usable,mariivana with,an assigned UID tag, waste or moisture loss. (q) Failure to follow any portion of this section is a violation. (2) Except as allowed under OAR 333-007-0300 to 333-007-0490 for purposes of sampling, or when providing usable marijuana to a processor a producer may not combine harvest lots that are of a different strain, were produced using different growing practices or harvested at a different locations or at different times. Stat. Auth.: ORS 4756.025 &4756.070 Stats. Implemented: ORS 4756.070 & 4756.150 845-025-2100 Transfer of Medical Marijuana Grower Inventory (1) An individual applicant listed on an application for a producer license under ORS 4756.070 that is also a PRMG may submit a transfer request to the Commission, on a form prescribed by the Commission, to transition a medical marijuana grow site from 10/30/2017 46 being registered with the Authority to being licensed by the Commission. The request must include, at a minimum, the following information: (a) The names, contact information, and Authority issued registry identification number for each PRMG currently registered at the grow site address that is the proposed premises to be licensed; (b) Copies of all personal agreements entered into under ORS 475B.425 that specify whether a patient has authorized the transfer of marijuana plants or usable marijuana to the Commission license and if so, how much may be transferred; and (c) An authorization that permits the Authority to disclose to the Commission the PRMG's registration information. (2) Upon receipt of a request under section (1) of this rule the Commission must verify with the Authority: (a) The registration status of each PRMG identified in the transfer request; (b) The number of PRMGs registered at the grow site address that is the proposed premises to be licensed; and (c) The number of patients each PRMG is producing marijuana for at that grow site address. }. .or4,: (3) The Commission will deny a transfer request if an applicant has not complied with this rule or if a license is denied under OAR 845-025-1115. (4) If the information in the transfer request is verified by the Authority and the Commission approves a license application under ORS 4756.070, the Commission must notify the applicant of the number of seeds, marijuana plants and usable marijuana permitted to be transferred. Information regarding the seeds, marijuana plants and usable marijuana transferred must be recorded in CTS within ten calendar days of licensure. (a) The number of marijuana plants and amount of usable marijuana that is permitted to be transferred will be based on the number of patients whose registration status has been verified by the Authority in accordance with section (2.) of this rule and who have authorized the transfer of marijuana items to the Commission license. (b) There is no limit on seeds or immature plants that maybe transferred to the u A registry identification cardholder and the designated primary caregiver of the registry identification cardholder may jointly possess immature marijuana plants as allowed by 2017 Oregon Laws 183. 10/30/2017 47 (c) No more than six mature plants per patient may be transferred to the Commission license, subject to subsection (a) of this section. (d) For a medical marijuana grow site located outdoors no more than 12 pounds of usable marijuana per patient mature plant may be transferred to the Commission license, subject to subsection (a) of this section. (e) For a medical marijuana grow site located indoors no more than 6 pounds of usable marijuana per patient mature plant may be transferred to the Commission license, subject to subsection (a) of this section. (f) Any seeds, marijuana plants or usable marijuana that exceed the amount permitted by the Commission to be transferred must be removed from the premises by the applicant prior to the initial date of licensure and lawfully transferred or disposed of. (5) The licensee must notify the Commission once the marijuana plants and usable marijuana are entered into CTS and the Commission may inspect the premises to verify the information the licensee entered into CTS. (6) Once the transfer of inventory under this section is complete the Commission must notify the Authority that the grow site address is now a licensed premises and that the licensed premises may not be registered as a grow site address under ORS 4756.420. (7) The Commission may deny a transfer,request if it cannot verify the information in the request or if the applicant submits incomplete information to the Commission. (8) Any usable marijuana transferred from a medical marijuana grow site to the licensed premises under this rule must be tested, labeled and packaged, in accordance with OAR 845-025-7000 to 845-025-7060 and 845-025-5700 as applicable, before transferring the usable marijuana to another licensee. Stat. Auth.: ORS 4756.025 &4756.070 Stats. Implemented: 2016 OL Ch. 24 & 2017 OL Ch. 183 845-025-2110 Medical Grower Registration A prow site address, processing site or dispensary that is subject to tracking in the Commission's seed to sale tracking system, under OAR 333, Division 8 must: (1) Register in a form and manner specified by the commission; and (2) Activate the assigned CTS account within 10 business days of notification by the Commission. 10/30/2017 48 Stat Auth.: ORS 475b.025 Stat. Implemented: 2017 OL Ch. 183 845-025-2120 Medical Grower Requirements (1) Grower. A PRMG at a grow site that has registered under these rules must use the CTS as set forth in OAR 845-025-7500, 845-025-7520, 845-025-7540, 845-025- 7560, 845-025-7570 and 845-025-7580. (2) Harvesting. A medical grower that has applied for and received approval from the Commission must: (a) Within 45 days of harvesting a harvest lot, physically segregate the harvest lot from other harvest lots, place the harvest lot in a receptacle or multiple receptacles and assign a UID tag to each receptacle that is linked to each plant that was harvested; and (b) Except as allowed under OAR 333-007-0300 to 333-007-0490 for purposes of sampling, or when providing usable marijuana to a processor a medical grower may not combine harvest lots that are of a different strain, were produced using different growing practices or harvested at a different locations or at different times. Stat Auth.: ORS 475b.025 Stat. Implemented: 2017 OL Ch. 183 845-025-2130 Grow site Transfers (1) Transfers to Licensees of the Commission. (a) Eligibility. A grow site may transfer limited quantities of usable marijuana to licensees of the Commission licensed under ORS 47B.090 or 4756.100 if the grow site has: (A) Registered in a form and manner specified by the commission; (B) Activated the assigned CTS account; and (C) Received approval from the Commission. (b) Testing Requirements. A grow site transferring usable marijuana to a licensee of the Commission must comply with the Authority's testing rules in OAR 333- 10/30/2017 49 007-0300 to 333-007-0490 and OAR 333, division 64 prior to the sale or transfer of a marijuana item, as specified in those rules. (c) Manifest. A medical grower transferring usable marijuana to a licensee of the Commission must generate a manifest in CTS that contains the following information: (A) The name, contact information of a grow site representative, grow site address and grow site registration number of the grow site transporting the marijuana items; (B) The name, contact information of the licensee representative, licensed premises address, and license number of the licensee receiving the delivery; (C) Product name and quantities (by weight) of the usable marijuana contained in each transport, along with the UlDs for every item; (D) The date of transport and approximate time of departure; (E) Arrival date and estimated time of arrival; (F) Delivery vehicle make and model and license plate number; and (G) Name and signature of the medical grower's representative accompanying the transport. (d) Prohibitions. An OHA registered grow site may only transfer an aggregate of 20 pounds of usable marijuana to licensees of the Commission licensed under ORS 47B.090 (processor) or 4756.100 (wholesaler) in any 12 month period. Stat Auth.: ORS 475b.025 Stat. Implemented: 2017 OL Ch. 613 845-025-2140 Grower to Patient Transfers Transfers to cardholders or designated primary caregivers. A medical grow site registered with the Commission must use the CTS to document the amount of usable marijuana transferred to each registrant, the date of the transfer, and the registrant's OMMP number. Stat Auth.: ORS 475b.025 Stat. Implemented: 2017 OL Ch. 183 10/30/2017 50 845-025-2150 Medical Marijuana Inspections and Compliance (1) A registrant that is subject to tracking in the Commission's seed to sale tracking system, under OAR 333, Division 8 must admit Commission staff to conduct inspections of the grow site. (2) The Commission will refer all compliance issues concerning registrants to the Oregon Health Authority for a determination of whether enforcement action should be taken. Stat. Auth.: ORS 4756.025 & 2017 OL Ch. 183 ` Stat. Implemented: 2017 OL Ch. 183 845-025-2500 Medically Designated Canopy Registration (1) Eligibility. A licensed producer-may produce an extra 10 percent of their canopy licensed under ORS 475B.075, as long as the producer provides at least 75 percent of the annual yield of usable marijuana to patients or a patient's designated primary caregivers for no consideration. (2) In order to produce a medically designated grow canopy, a licensed producer must: (a) Register in a form and manner specified by the commission; (b) Pay the fee specified in OAR 845-025-1060. (c) Submit a control plan describing how the producer will: (A) Identify the medical canopy and separate the medical canopy from the recreational canopy; and (B) Segregate usable marijuana harvested from the medical plants from the usable marijuana harvested from recreational plants. (d) Provide the Commission with a scaled floor plan or map specifying where the medical production will occur on the licensed premises. (3) Land-use Compatibility Statement. (a) Licensed producers who have previously submitted a land use compatibility statement are not required to submit an additional land use compatibility statement when registering to produce usable marijuana for patients. 10/30/2017 51 (b) Licensed producers who were exempt from submitting a land use compatibility statement under these rules at the time of licensure must submit a land use compatibility statement when registering to produce marijuana for patients if the producer's total canopy of mature medical and recreational plants exceeds 5000 square feet for outdoor producers and 1250 square feet for indoor producers. (4) Denial. A registration request will be denied if the producer has not complied with this rule or if any information submitted by the producer is false or misleading. _ .. _ .e ••. -•- _e-_ -as . ._ _ .... -- - - • „ es-- _ _ • -- -- .- _ - . 0A I. :4_ 025 1060. canopy • - _ - -_ •'•• •- - .. • - •_- - ee e _ - - . . -_ _ _ ., •- - -- these rules. (3) Licensed produc- _ - . : . _. . _ _ _ _ - a e•-e. . statement are not ret _ _ _ _ _ - _ .__ _ _ _ . - _ e. _ _ --•-• when registering to :. - _ _ . - • . _ e. -e-- - e• -:. _ ea _ -• - '- - --_- -- _ -e•-: - • •-. - - - Stat. Auth.: ORS 4758.025 Stats. Implemented: 2016 OL Ch. 83 Sec. 2 Stat. Auth.: ORS 4756.025 Stats. Implemented: 2017 OL Chapter 183 10/30/2017 52 845-025-254-0 Commission that includes: n to thc patient, but may reimburse thc produccr for the costs associated with producing or providing marijuana to the patient. feet of six mature plants for the patient. (d) The amount of usable marijuana that may be provided to the patient or to the . - - --e __ • - - - - three pounds in a 12 month period. (e) The amount of usable marijuana the producer is permitted to transfer, if any, to other patients not named in the agreement, not to exceed 24 ounces in any one transfer or three pounds per patient in a 12 month period. a-reg.stercd marijuana processing site or registered dispensary, not to exceed 25% of the total annual yield from the producer's medical canopy. (3) A producer may not enter into an agreement with a patient who has a grower another licensed producer under this rule. A A - et. - AA. . - --- - AA. -- A.- - :- •_• - • _ _:•••I _ . (a) Verifies the patient's registration status with the Authority; (b) Approves the agreement; and (c) Notifies the producer that the producer may produce and provide usable marijuana to that patient. agreement, except as allowed by these rules. Stat. Auth.: ORS 475B.025 Stats. Implemented: 2016 OL Ch. 83 Sec. 2 845 025 2520 written notice. 10/30/2017 53 from a patient. (3) Effect of the termination. The producer's medical canopy will be reduced by 280 _ . _ - - - . Stat. Auth.: ORS 4758.025 Stats. Implemented.2016 OL Ch. 83 Sec. 2 84v 5-rv-0025-2530 (1) If producerora :_ - as.._ __ _ __ - .• _ __ •! __ _ _• _ - •- __ - . license. I . Stat. Auth.: ORS 4758.025 - - . - - ! = e - =- - 845-0540 't- • • - - - - - - - - - - • - - - - 1/ - - - - - Patients patients: - -- --- - ee - • • - -- : - --••-- - - - --=! . . _ - -- _ • _ - . - - -- 2 2 222 - -- 2 -! - -- - --••-• - 10/30/2017 54 patients from the marijuana canopy authorized under OAR 845 025 2040. Stat. Auth.: ORS 4758.025 - - _ ! =- - 845-025-2550 Requirements for Producing a Medically Designated Canopy A licensed producer who has been registered by the Commission to produce marijuana for patients: (1) Must: (a) Comply with all seed-to-sale tracking requirements required in these rules. (b) Comply with testing rules in OAR 333-007-0300 to 333-007-0500 applicable to licensee testing of usable marijuana prior to transferring usable marijuana to a patient or the patient's designated primary caregiver and upon request by a patient, provide a patient with a copy of all testing results. (c) Comply with all applicable testing, labeling and packaging rules when transferring or selling usable marijuana to any licensee of the Commission. (d) In addition to subsection (a) of this section, use CTS to document the amount of usable marijuana transferred to each patient or designated primary caregiver , the date of the transfer, and the patient or caregiver's OMMP number. (e) Provide at least 75 percent of the annual yield of usable marijuana to patients or their designated primary caregivers. (2) May: (a) Transfer immature marijuana plants, seeds and tissue cultures from the producer's recreational plant stock to the area used for the production of marijuana for patients. (b) Provide a patient or the patient's designated primary caregiver up to 24 ounces of usable marijuana in any one transfer and three pounds in a calendar year. (c) Terminate their registration as long as upon termination the producer: (A) Ceases growing the extra ten percent canopy; and 10/30/2017 55 (B) Transfers any remaining usable marijuana yielded from the medically designated canopy to either an OMMP card holder or primary care giver, as allowed by these rules. (3) May not: (a) Be compensated for producing or providing marijuana to a patient or the patient's designated primary caregiver. (b) Transfer more than 25% of the total annual yield of usable marijuana from the producer's medically designated canopy to licensees of the Commission. Stat. Auth.: ORS 4756.025 Stats. Implemented: 2017 OL Chapter 183 A licensed producer who has been registered by the Commission to produce marijuana for patients: (1) Must: registrant's OMMP .umber. (e) Identify the mato-r- . _ ... _ . e _ - _ _ _ e. . . • - _ _ _- "-- --agragreements eements separately _-• -- e __ . . _ . 4•- - - _ _ -. _ - . ••- -'- proscribed the Commission. patients. (3) May not: (a) Be compensated e e _. . _ . _ e e . '•- _ . e- -- _ - e- • '- - . _ _ •. _ - - - - - ae - 1 . i :4 . I - - A 4e _ . . - -- e - -- - 4.. e-- ' - . . . : . • _ _ ! . . _ - -- - -e- marijuana plants. 10/30/2017 56 Stat. Auth.: ORS 4758.025 _ . • . - - • - • - =- - 845-025-2560 Cancellation of Registration; Violations In addition to taking action against the producer's license, the Commission may cancel or suspend a licensed producer's registration to produce marijuana plants on a medically designated grow canopy if the producer violates these rules. Stat. Auth.: ORS 475B.025 Stats. Implemented: 2017 OL Chapter 183 ! : • _ _ .. 845-025-2700 Application for Industrial Hemp Certificat (1) Hemp growers and handlers may apply for an industrial hemp certificate to transfer industrial hemp, industrial hemp concentrates and industrial hemp extracts, to a marijuana processor that holds a license issued under ORS 4758.090. (2) The application must include: (a) Proof of registration under ORS 571.306 or ORS 571.305; (b) The license and application fees specified in OAR 845-025-1060; and (c) Any other information identified in the application form. Stat. Auth.: ORS 4756.025 & 2017 OL Ch. 531 Stat. Implemented: 845-025-2750 Industrial Hemp Certificate Privileges; Prohibitions (1) Hemp grower and a handler may deliver industrial hemp concentrates and industrial hemp extracts, to a marijuana processor that holds a license issued under ORS 4756.090 in accordance with subsection (2) of this rule. (2) The hemp grower or handler must: (a) Register and receive an Industrial Hemp Certificate issued by the Commission; 10/30/2017 57 (b) Only deliver to a registered processor that holds an industrial hemp endorsement; and (c) Provide the processor or wholesaler a copy of all testing information required by OAR 603-048-0600 associated with the commodity being transferred. (3) A hemp grower or handler may only deliver industrial hemp and industrial hemp concentrates or extracts if: (a) The industrial hemp or industrial hemp concentrate or extract has passed required testing under OAR 603-048-0600 and OAR 603-048-2300; and (b) The hemp grower or handler provides the processor a copy of any test result conducted on the industrial hemp, industrial hemp concentrate or extract pursuant to OAR 603-048-0600 and OAR 603-048-2300. Stat. Auth.: ORS 475B.025 Stats. Implemented: ORS 4756.025 & 2017 OL Ch. 531 845-025-2800 Retailer Privileges; Prohibitions (1) A retailer is the only licensee that is authorized to sell a marijuana item to a consumer. ri (2) A retailer may: (a) Between the hours of 7:00 AM and 10:00 PM local time, sell marijuana items from the licensed premises to a consumer 21 years of age or older; (b) Sell and deliver: (A) Marijuana items to a consumer 21 years of age or older pursuant to a bona fide order as described in OAR 845-025-2880. (B) Marijuana items to a clients between ages 18-21, so long as: (i) The client has a valid OMMP card; and (ii) The retailer has a valid medical endorsement. (BC) Marijuana waste to a producer, processor, wholesaler, or research certificate holder. 10/30/2017 58 (c) Accept or make returns, as long as the retailer: (A) Only accepts or returns usable marijuana, marijuana items, hemp items, immature marijuana plants and seeds; (B) Only accepts or returns eligible items listed in (A) of this section from either the original licensee whom supplied or customer whom purchased the item; (C) Accurately records the transaction in the CTS; and (D) Does not resell any returned items. (dG) Purchase and receive: (A) Usable marijuana, immature marijuana plants, and seeds from a producer or from a research certificate holder; 174 (B) Cannabinoid concentrates, extracts, and products from a processor with an endorsement to manufacture the type of product received or from a research certificate holder; (C) Any marijuana item, except for whole, non-living marijuana plants, from a wholesaler; and (D) Any marijuana item from a laboratory-an• (E) Marijuana items from a retailer that is owned by the same or substantially the same persons. For purposes of this rule, substantially the same means individuals named as applicants or persons with a financial interest in the licensed businesses are identical. (e4) Refuse to sell marijuana items to a consumer; (fe) Allow a laboratory licensee to obtain samples for purposes of performing testing as provided in these rules and OAR 333-007-0300 to 333-007-0490; and (g#) Accept returned marijuana items that the retailer sold to a consumer and provide a refund or exchange with a product of equal or lesser value as long as the product is turned into waste and not resold. (h) Sell medical marijuana and medical marijuana items, as long as the retailer follows the provisions set forth in 845-025-2900. (3) A retailer may not: (a) Knowingly sSell more than the following amounts to an individual at any one time or within one day: 10/30/2017 59 (A) One ounce of usable marijuana to recreational consumers; (B) 24 ounces of usable marijuana to registry identification cardholders and designated primary caregivers pursuant to the requirements of OAR 845-025-2900; (C) 16 ounces of a cannabinoid product in solid form; (D) 72 fluid ounces of a cannabinoid product in liquid form; (E) Five grams of cannabinoid extracts or concentrates, whether sold alone,,of contained in an inhalant delivery system, or combined with usable marijuana; (F) Four immature marijuana plants; and (G) Ten marijuana seeds. (b) Provide free marijuana items to a recreational consumer. (c) Sell or give away pressurized containers of butane or other materials that could be used in the home production of marijuana extracts. (d) Discount a marijuana item if the retail sale of the marijuana is made in conjunction with the retail sale of any other items, including other marijuana items. (e) Sell a marijuana item at a nominal price for promotional purposes. (f) Permit consumers to be present on the licensed premises or sell to a consumer between the hours of 10:00 p.m. and 7:00 a.m. local time the following day. (g) Sell only industrial hemp products that contain cannabinoids if those products were received from an OLCC wholesaler or processor. and is intended for packaged in accordance with the applicable sections of these rules. For purposes of this 2016, Chapter 71. (h) Permit a licensed representative to handle an unpackaged marijuana item without the use of protective gloves, tools or instruments that prevent the marijuana item from coming into contact with the licensed representative's skin. (i) Sell or transfer a returned marijuana item to another consumer. (j) Sell, transfer, deliver, purchase, or receive any marijuana item other than as provided in section (2) of this rule. 10/30/2017 60 (k) Permit a consumer to open or alter a package containing a marijuana item or otherwise remove a marijuana item from packaging required by these rules within the licensed premises or in an area that the licensee controls; (I) Permit a consumer to bring marijuana items onto the licensed premises except for marijuana items being returned for refund or exchange as allowed by this rule. Stat. Auth.: ORS 4756.025 & 4756.110 Stats. Implemented: ORS 4756.025, 4756.1101&2016 OL Ch. 24, Sec. 12 & 65, 2017 OL. Ch. 183, 2017 OL. Ch. 476 & 2017 OL Ch. 613 845-025-2820 Retailer Operational Requirements (1) Prior to completing the sale of a marijuana item to a consumer, a retailer must verify that the consumer has a valid, unexpired government-issued photo identification and must verify that the consumer is 21 years of age or older by viewing the consumer's: (a) Passport; (b) Driver license, whether issued in this state or by any other state or territory of the United States., --- • - -- - - - - 11 - (c) Identification card issued under OR 7 , s .. (d) United States military identification card;Re' (e) Any her identification `issued by a state that bears a picture of the person, the name.§+ : e person, •ersb date of birth and a physical description of the person-i or (f) An ID card issued by a federally recognized Indian tribe with photo, name and date of birth. (2) Marijuana items offered for sale by a retailer must be stored in such a manner that the items are only accessible to authorized representatives until such time as the final sale to the consumer is completed. Stat. Auth.: ORS 4756.0251 &4756.110, 475B. 170 & 2017 OL Ch. 183 Sec. 64 Stats. Implemented: ORS 4756.035 845-025-2840 Retailer Premises (1) The licensed premises of a retailer: 10/30/2017 61 (a) May not be located in an area that is zoned exclusively for residential use. -- - - -e • ! -ee ! - - •. - - fe! ._ • I ... - -AA-- . .. . - . .. .. .. . .. • • .. e--e. . . ORS 339.020; or •.e-e. (b) Notwithstanding ORS 4756.110 (2)(d), a marijuana retailer may be located within 1,000 feet of a school if the marijuana retailer is not located within 500 feet of: (A) A public elementary or secondary school for which attendance is compulsory under ORS 339.020; or (B) A private or parochial elementary or secondary school, teaching children as described in ORS 339.030 (1)(a); and (C) The Oregon Liquor Control Commission determines that there is a physical or geographic barrier capable of preventing children from traversing to the premises of the marijuana retailer -(c) Must be enclosed on all sides by permanent walls and doors. (2) A retailer must post in a prominent place signs that read: (a) "No Minors Permitted Anywhere on the Premises"; (b) "No On-Site Consumption"; and (c) "Security Cameras in Use." (d) Exit from the licensed premises that reads: "Marijuana or Marijuana Infused Products May Not Be Consumed In Public". (3) A retailer must designate a consumer sales area on the licensed premises where consumers are permitted. The area shall include the portion of the premises where marijuana items are displayed for sale to the consumer and sold and may include other contiguous areas such as a lobby_era-restroom. The consumer sales area is the sole area of the licensed premises where consumers are permitted. (4) All inventory must be stored on the licensed premises. 10/30/2017 62 (5) For purposes of determining the distance between a retailer and a school referenced in subsection (1)(b) of this rule, "within 1 ,000 feet" means a straight line measurement in a radius extending for 1 ,000 feet or less in any direction from the closest point anywhere on the boundary line of the real property comprising a school to the closest point of the licensed premises of a retailer. If any portion of the licensed premises is within 1,000 feet of a school as described subsection (1)(b) of this rule an applicant will not be licensed. Stat. Auth.: ORS 475B.025 & 475B.110 Stats. Implemented: ORS 475B.110, 475B.160 & 2016 OL Ch. 83, Sec. 29b 845-025-2880 Delivery of Marijuana Items by Retailer (1) A marijuana retailer may deliver a marijuana item to a residence in Oregon subject to compliance with this rule. For purposes of this rule, "residence" means a dwelling such as a house or apartment but does not include a dormitory, hotel,motel, bed and breakfast or similar commercial business. (2) Delivery Approval Process. (a) The retailer must request approval from the Commission prior to undertaking delivery service of marijuana items, on a form prescribed by the Commission that includes a statement that the retailer: (A) Understands and will follow the requirements for delivery listed in this rule; and (B) Has taken steps to ensure the personal safety of delivery personnel, including providing any necessary training. (b) The retailer must receive written approval from the Commission prior to making any deliveries. (c) The Commission may refuse to review any request for approval that is not complete and accompanied by the documents or disclosures required by the form. opportunity to be heard. (d) The Commission may deny a retailer's request for approval to deliver marijuana items if the retailer cannot or does not meet the requirements of this or any other pertinent rule. If the Commission denies approval the retailer has a right to a hearing under the procedures of ORS chapter 183. 10/30/2017 63 (e) The Commission may withdraw approval for delivery service at any time if the Commission finds that the retailer is not complying with this rule, the personal safety of delivery personnel is at risk, the retailer's delivery service has been the target of theft, or the delivery service is creating a public safety risk. (3) Bona Fide Orders. (a) A bona fide order must be received by an approved retailer from the individual requesting delivery, before 8:00 p.m. on the day the delivery is requested. (b) The bona fide order must contain: (A) The individual requestor's name, date of birth, the date delivery is requested and the address of the residence where the individual would like the items delivered; (B) A document that describes the marijuana items proposed for delivery and the amounts; and (C) A statement that the marijuana is for personal use and not for the purpose of resale. (4) Delivery Requirements. (a) Deliveries must be made before 9:00 p.m. local time and may not be made between the hours of 9:00 p.m.and 8:00 a.m. local time. (b) The marijuana retailer may only deliver in a motor vehicle to the individual who placed the bona fide order and only to individuals who are 21 years of age or older. (c) At the time of delivery the individual performing delivery must check the identification of the individual to whom delivery is being made in order to determine that it is the same individual who submitted the bona fide order, that the individual is 21 years of age or older, and must require the individual to sign a document indicating that the items were received. (d) A marijuana retailer may not deliver a marijuana item to an individual who is visibly intoxicated at the time of delivery. (e) Deliveries may not be made more than once per day to the same physical address or to the same individual. (f) Marijuana items delivered to an individual's residence must: (A) Comply with the packaging rules in OAR 845-025-7000 to 845-025-7060; and (B) Be placed in a larger delivery receptacle that has a label that reads: "Contains marijuana: Signature of person 21 years of age or older required for delivery". 10/30/2017 64 (g) A retailer may not carry or transport at any one time more than a total of$3000 in retail value worth of marijuana items designated for retail delivery. (h) All marijuana items must be kept in a lock-box securely affixed inside the delivery motor vehicle. (i) A manifest must be created for each delivery or series of deliveries and the individual doing the delivery may not make any unnecessary stops between deliveries or deviate substantially from the manifest route. (5) Documentation Requirements. A marijuana retailer must document the following regarding deliveries: (a) The bona fide order and the date and time it was received by the retailer; (b) The date and time the marijuana items were delivered; (c) A description of the marijuana items that were delivered, including the weight or volume and price paid by the consumer; (d) Who delivered the marijuana items; and (e) The name of the ind vi!ual to whom the delivery was made and the delivery address. (6) A retailer is only : •uired _-: aintain the name of an individual to whom a delivery was made for one y' 7,4 (7) Prohibi,' (a) A re ailer may de iv-, marir ana items only to a location within: (A) The city in which the licensee is licensed, if a licensee is located within a city; or (B) Unincorporated areas of the county in which the licensee is licensed, if a licensee is located in an unincorporated city or area within the county. (b) A retailer may not deliver marijuana items to a residence located on publicly-owned land. (8) Sanction. A violation of any section of this rule that is not otherwise specified in OAR 845-025-8590 is a Category III violation. Stat. Auth.: ORS 4756.025, 475B.110 & 475B.160 Stats. Implemented: ORS 4756.160 10/30/2017 65 845-025-2890 Collection of Taxes (1) A retailer must collect, at the point of sale, the tax imposed on the consumer under ORS 475B.705 and remit the tax to the Oregon Department of Revenue in accordance with Department of Revenue rules. (2) A retailer may not collect, at the point of sale, a tax on (a) Any medical sales to either Oregon Medical Marijuana Program care holders or primary care givers; or (b) On any sales of products other than marijuana items. (3) A violation of this rule is a Category III violation. (4) An intentional violation of this rule is a Category I violation. Stat. Auth.: ORS 4756.025 & 475B.160 Stats. Implemented: ORS 47513.025,&475B.160 845-025-2900 104 Retail Sale of Marijuana for Medical Purpose (1) In order to sell marijuana items for medical purposes,a marijuana retailer licensed under ORS 475B.110 must: Register in a form and manner specified by the commission; and (b) Follow all requirements established by OAR 845-025-2800. (2) A marijuana retailer licensed under ORS 475B.110 who has registered with the commission to sell marijuana items for medical purposes, may: (a) Sell marijuana items tax free to registry identification cardholders and designated primary caregivers. (b) Sell medical grade cannabinoid product, cannabinoid concentrate or extract to registry identification cardholders and designated primary caregivers. (c) Sell or provide usable marijuana and medical grade cannabinoid products, concentrates and extracts to registry identification cardholders and designated primary caregivers free of charge or at a discounted price. 10/30/2017 66 (d) Notwithstanding the requirements of OAR 845-025-1230, 845-025-2800, 845-025- 2820 and 845-025-8520, permit registry identification cardholders 18 years of age and older to be present on the licensed premises and purchase marijuana items. (3) A marijuana retailer who is registered with the commission to sell marijuana items for medical purposes must: (a) Store and display medical grade cannabinoid products, concentrates and extracts in a manner that separates medical grade items from other marijuana items. (b) Comply with the requirements of OAR 333-007-0100 to 333-007-0100 for labeling medical grade products. (c) Prior to the sale or transfer of a marijuana item as described in section (2) of this rule, verify that the individual who is purchasing a marijuana item for medical purposes is currently registered with the Authority by viewing the individual's government issued photo identification and Authority issued registry identification card or designated primary care giver card, or a receipt issued by the Authority under OAR 333-008-0023 or 333-008-0040 and making sure the identities match and that the card is current or the receipt has not expired. (d) Use CTS to record the receipt or card number of every registry identification cardholder and designated primary care giver who receives marijuana items as described in section (2) of this rule together with the date of the sale or transfer and amount sold or transferred. (4) A marijuana retailer who is registered with the commission to sell marijuana items for medical purposes may not sell or transfer a medical grade product to a registry identification cardholder or designated primary caregiver that exceeds the concentration limits in OAR 333-007-0220. (5) Violation of this rule is a Category III violation. Stat. Auth.: ORS°4756.025 Stats. Implemented:2016 OL Ch. 83, Sec. 5 845-025-3210 Processor Endorsements (1) A marijuana processor may only process and sell cannabinoid products, concentrates or extracts if the processor has received an endorsement from the Commission for that type of processing activity. Endorsements types are: (a) Cannabinoid edible processor; (b) Cannabinoid topical processor; 10/30/2017 67 (c) Cannabinoid concentrate processor; and (d) Cannabinoid extract processor-i (e) Other cannabinoid processor; and (f) Industrial Hemp processor. (2) An applicant must request an endorsement upon submission of an initial application but may also request an endorsement at any time following licensure. (3) In order to apply for an endorsement an applicant or processor licensee must submit a form prescribed by the Commission that includes a description of the type of products to be processed, a description of equipment to be used, and any solvents, gases, chemicals or other compounds proposed to be used to create extracts or concentrates. (4) Only one application and license fee is required regardless of how many endorsements an applicant or licensee requests or at what time the request is made. (5) An individual processor licensee may hold multiple endorsements. (6) For the purposes of endorsements any cannabinoid product that is intended to be consumed or ingested orally or applied in the mouth is considered a cannabinoid edible. (7) If a processor is no longer going to process the product for which the processor is endorsed the processor must notify the Commission in writing and provide the date on which the processing of that product will cease.. (8) The Commission may deny a processors request for an endorsement or revoke an existing endorsement if the processor cannot or does not meet the requirements in OAR 845-025-3200 to 845-025-3290 for the endorsement that is requested. If the Commission denies or revokes approval the processor has a right to a hearing under the procedures of ORS chapter 183. Stat. Auth.: ORS 4756.025 &4756.090 Stats. Implemented: ORS 4756.090, 4756.135 & 2017 OL 476 & 2017 OL 531 845-025-3215 Processor Privileges; Prohibitions (1) A processor may: (a) Transfer, sell or transport: 10/30/2017 68 (A) Cannabinoid concentrates, extracts, and products for which the processor has an endorsement to a processor, wholesaler, retailer, non-profit dispensary, or research certificate holder; and (B) Marijuana or Industrial Hemp waste to a producer, processor, wholesaler, or research certificate holder. (b) Purchase and receive: (A) Whole, non-living marijuana or industrial hemp plants that have been entirely removed from any growing medium from a OMMP card holder, primary care giver, hemp grower certified by the Commission, producer,wholesaler, or from a research certificate holder; (B) Usable marijuana from a producer, wholesaler, or from a research certificate holder; (C) Industrial hemp items from a hemp handler certified by the Commission. (D) Cannabinoid concentrates, extracts and products from a processor with an endorsement to manufacture the type of product received, or from a research certificate holder; (E) Marijuana or industrial hemp waste from a producer, processor, wholesaler, retailer, laboratory, or research certificate holder; and (F) Cannabinoid concentrates, extracts, and products produced by the licensee that have been held in bailment by a wholesaler. (c) Allow a laboratory licensee to obtain samples for purposes of performing testing as provided in these rules and OAR 333-007-0300 to 333-007-0490. Accept or make returns, as long as the processor: (A) Only accepts or returns usable marijuana, marijuana items, immature marijuana plants, seeds and whole non-living marijuana plants; (B) Only accepts or returns eligible items listed in (A) of this section from the original licensee whom supplied or purchased the item; and (C) Accurately records the transaction in the CTS (2) A processor may not transfer, sell transport, purchase, or receive any marijuana or industrial hemp item other than as provided in section (1) of this rule. 10/30/2017 69 (3) A processor must be licensed by the Commission and obtain the proper endorsement for the type of processing they are engaging in per OAR 845-025- 3210. Stat. Auth.: ORS 4756.025 & 475B.090 Stats. Implemented: ORS 475B.025, 475B.090 & 2016 OL Ch. & 23 24 & OL 2016 2017 OL 531 845-025-3220 General Processor Requirements (1) A processor must: (a) Use equipment, counters and surfaces for processing that are food-grade and do not react adversely with any solvent being used. (b) Have counters and surface areas that are constructed in a manner that reduce the potential for development of microbials, molds and fungi and that can be easily cleaned. (c) Maintain the licensed premises in a manner that is free from conditions which may result in contamination and that is suitable to facilitate safe and sanitary operations for product preparation purposes. (d) Store all marijuana or hemp items not in use in a locked area, including products that require refrigeration in accordance with OAR 845-025-1410. (e) Assign every process lot a unique identification number and enter this information into CTS. (2) A processor may not process, transfer or sell a marijuana or hemp items: (a) That by its shape, design or flavor is likely to appeal to minors, including but not limited to: (A) Products that are modeled after non-cannabis products primarily consumed by and marketed to children; or (B) Products in the shape of an animal, vehicle, person or character. (b) That is made by applying cannabinoid concentrates or extracts to commercially available candy or snack food items. (c) That contains Dimethyl Sulfoxide (DMSO). 10/30/2017 70 (3) A processor may not treat or otherwise adulterate acannabinoid product, concentrate or extract with any non-cannabinoid additive that would increase potency, toxicity or addictive potential, or that would create an unsafe combination with other psychoactive substances. Prohibited additives include but are not limited to nicotine, caffeine, polyethylene glycol, any chemicals that increase carcinogenicity or cardiac effects. (4) A processor must maintain records of industrial hemp test results for 2 years. Stat. Auth.: ORS 4756.025 & 475B.090 Stats. Implemented: ORS 475B.090 & 2017 OL Ch. 531 845-025-3260 Cannabinoid Concentrate and Extract Processor Requirements (1) Cannabinoid Concentrates or Extracts. A processor with a cannabinoid concentrate or extract endorsement: (a) May not use Class I solvents as those are classified in the Federal Drug Administration Guidance, Table I, published in the Federal Register on December 24, 1997 (62 FR 67377). (b) Must: (A) Only use a hydrocarbon-based solvent that is at least 99 percent purity. (B) Only use a non-hydrocarbon- ased so `ent that is food-grade. (C) Work in an environment with proper,ventilation, controlling all sources of ignition where a flammable atmosphere is or may be present. (D) Use only potable water and ice made from potable water in processing. (E) If making a concentrate or extract that will be used in a cannabinoid edible, be endorsed as a cannabinoid edible processor and comply with OAR 845-025-3250. (2) Cannabinoid Extracts. A processor with an endorsement to make cannabinoid extracts: (a) May not use pressurized canned flammable fuel, including but not limited to butane and other fuels intended for use in camp stoves, handheld torch devices, refillable cigarette lighters and similar consumer products. 10/30/2017 71 (b) Must: (A) Process in a: (i) Fully enclosed room clearly designated on the current diagram of the licensed premises. (ii) Room and with equipment, including all electrical installations that meet the requirements of the Oregon Structural Specialty Code, related Oregon Specialty Codes and the Oregon Fire Code. (B) Use a professional grade closed loop extraction system designed to recover the solvents and built to codes of recognized and generally accepted good engineering standards, such as those of: (i) American National Standards Institute (ANSI); (ii) Underwriters Laboratories (UL); or (iii) The American Society for Testing and Materials (ASTM). (C) If using carbon dioxide in processing, use a professional grade closed loop carbon dioxide gas extraction system where every vessel is rated to a minimum of six hundred pounds per square inch. (D) Have equipment and facilities used in processing approved for use by either the a local fire or state code official. (E) For extraction system engineering services, including but not limited to consultation on and design of extraction systems or components of extraction systems, use the services of a professional engineer registered with the Oregon State Board of Examiners for Engineering and Land Surveying, unless an exemption under ORS 672.060 applies. (F) Have an emergency eye-wash station in any room in which cannabinoid extract is being processed. (G) Have all applicable material safety data sheets readily available to personnel working for the processor. (3) Cannabinoid Concentrates. A processor with an endorsement to make cannabinoid concentrates: 10/30/2017 72 (a) May not: (A) Use denatured alcohol. (B) If using carbon dioxide, apply high heat or pressure. (b) Must only use or store dry ice in a well-ventilated room to prevent against the accumulation of dangerous levels of carbon dioxide. (c) May use: (A) A mechanical extraction process; (B) A chemical extraction process using a nonhydrocarbon-based or other solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol; or (C) A chemical extraction process using the solvent carbon dioxide, provided that the process does not involve the use heat over 180 degrees (Fahrenheit) or pressure. Stat. Auth.: ORS 4756.025 & 4756. " Stats. Implemented: ORS 4756.090 2 .. OL 845-025-3285 Industrial Hemp Processor Requirements (1) A processor with an industrial hemp endorsement may: (a) Receive industrial hemp from a hemp grower who holds an industrial hemp certificate; (b) Receive industrial hemp,concentrates or industrial hemp extracts from a hemp handler who holds an industrial hemp certificate; (c) Process industrial hemp, industrial hemp concentrates, and industrial hemp extracts into any industrial hemp commodity or product. (d) Use industrial hemp, industrial hemp concentrates and industrial hemp extracts as an ingredient in the processing of marijuana items. (e) Transfer industrial hemp concentrates, industrial hemp extracts, or hemp items only to marijuana retailers, wholesalers and processors licensed by the Commission. 10/30/2017 73 (2) A processor may only receive industrial hemp and industrial hemp concentrates or extracts if: (a) The industrial hemp or industrial hemp concentrate or extract has passed required testing under OAR 603-048-0600 and OAR 603-048-2300. (b) The processor receives a copy of any test result conducted on the industrial hemp, industrial hemp concentrate or extract pursuant to OAR 603-048-0600 and OAR 603-048-2300 as a condition of receipt. (3) A processor with an industrial hemp endorsement must track upon receipt of industrial hemp or any hemp item using the CTS system. The processor must track any industrial hemp commodity or product upon manufacture using the CTS system. (4) A processor with an industrial hemp endorsement may not receive, manufacture or distribute concentrates or extracts derived from industrial hemp that exceed eight percent THC. In addition to any testing required by OHA and ODA rules a processor must submit concentrates and extracts derived from industrial hemp for potency testing with a licensed laboratory before transferring these concentrates or extracts, converting to a new product type or combining them with marijuana items. The results of tests required under this rule must be recorded in CTS. (5) All requirements for marijuana items under ORS 475B.010 to 475B.395, 475B.550 to 475B.590 and 475B.600 to 4756.655 and any rules adopted thereunder apply to industrial hemp or hemp items received by a processor with a hemp endorsement unless specifically excluded by these rules. (6) As pursuant to this section, hemp items may be delivered by a marijuana processor registered under this section to a licensee as described in ORS 4756.160, provided that the industrial hemp concentrate, industrial hemp extract or hemp item meet any applicable requirement for marijuana items set forth in ORS 475B.010 to 475B.395, 475B.550 to 4756.590 and 4756.600 to 4756.655 and rules adopted under ORS 4756.010 to 4756.395, 475B.550 to 475B.590 and 475B.600 to 475B.655. Stat. Auth.: ORS 475B.025 & 475B.090, Oregon Laws 2017, Chapter 531 Stats. Implemented: ORS 475B.090, Oregon Laws 2017, Chapter 531 10/30/2017 74 845-025-3290 Processor Record keeping (1) A processor must keep records documenting the following: (a) How much marijuana or industrial hemp is in each process lot; (b) If a product is returned by a licensee, how much product is returned and why; (c) If a defective product was reprocessed, how the defective product was reprocessed; and (d) Each training provided in accordance with OAR 845-025-3240, the names of employees who participated in the training, and a summary of the information provided in the training. (2) A processor must obtain a material safety data sheet for each solvent used or stored on the licensed premises and maintain a current copy of the material safety data sheet and a receipt of purchase for all sot is used or to be used in an extraction process on the licensed premises. (3) If the Commission requires a processor to'submit or produce documents to the Commission that the processor believes falls within the definition of a trade secret as defined in ORS 192.501, the processor must mark each document "confidential" or "trade secret". Stat. Auth.: ORS 4756.025 & 4756.090 Stats. Implemented: ORS 4756.090 & 2017 OL Ch. 531 845-025-33, Processing fo rdholder- (1) Eligibility. A processor licensed under ORS 475B.090 who has registered in the form and manner prescribed by the commission may receive usable marijuana from a patient or the patient's designated primary caregiver and, for a fee, process that usable marijuana into cannabinoid products, concentrates and extracts for the patient subject to the following conditions: (a) The processor cannot receive more than 24 ounces of usable marijuana from a patient or the patient's designated primary caregiver in a single transaction; and (b) The processor cannot receive more than three pounds from a patient or the patient's designated primary caregiver in any 12-month period; 10/30/2017 75 (c) The processor may not transfer more than the following amounts of marijuana items to a patient or the patient's designated primary caregiver in a single transaction: (A) One ounce of cannabinoid extracts; (B) 16 ounces of cannabinoid concentrates; (C) 16 ounces of cannabinoid products in solid form; or (D) 72 ounces of cannabinoid products in liquid form. (d) In total the processor may not transfer more than the following amounts of marijuana items to a patient or the patient's designated primary caregiver in any 12 month period: (A) Two ounces of cannabinoid extracts; (B) 32 ounces of cannabinoid concentrates; (C) 32 ounces of cannabinoid products in solid form; or (D) 144 ounces of cannabinoid products in liquid form. (e) The processor must record all activity this rule in CTS. (2)Transfer requirements. Prior to transferring any cannabinoid products, concentrates or extracts processed under this rule to a patient or the patient's designated primary caregiver the processor must comply with the: (a) Testing requirements applicable to licensed processors in ORS 4756.550 to ORS 475B.590 and OAR 333-007-0300 to 333-007-0490; (b) The concentration limit requirements in ORS 4756.625 and any rules adopted thereunder; (c) Packaging and labeling requirements, as set forth in OAR 333-007-0010 to 333- 007-0100; and (d) Label the package with a statement that reads "Marijuana item. Not for resale." (3) Record Keeping. In addition to the requirements of(1)(c) the processor must record all patient or designated primary caregiver's OMMP number from whom they receive usable marijuana and the OMMP number of the patient or designated primary caregiver to whom they transfer cannabinoid products, concentrates and extracts. (4) Processing Requirements. The processor may only combine usable marijuana received from patients or designated primary caregivers when processing cannabinoid products, concentrates and extracts for a patients or the patients' designated primary caregiver. A processor may not add or contribute any other usable marijuana or hemp items to the processing. (a) When distributing a cannabinoid product derived from usable marijuana received from multiple patients in (3) of this rule, the processor must distribute in proportional shares. (b) The processor must segregate all usable marijuana received under this rule and all cannabinoid products, concentrates and extracts processed under this rule from its other inventory. 10/30/2017 76 (5) Violations. The Commission may cancel or suspend a licensed processor's registration under this rule or the processor's license if the processor violates these rules. Stat. Auth.: ORS 475B.025, 4756.090 & 2017 OL Ch. 183 Stats. Implemented: ORS 4756.090 & 2017 OL Ch. 183 845-025-3500 f It Wholesale License Privileges; Prohibitions (1) A wholesale licensee may: 406 (a) Sell, including sale by auction, transfer and`transport: (A) Any type of or marijuana item to a retailer, wholesaler, non-profit dispensary or research certificate holder, except that whole, non-living marijuana plants may not be transferred to a retailer or to a non-profit dispensary; (B) Immature marijuana plants and seeds to a producer; (C) Usable marijuana to a producer license that he wholesale license has stored on the producer's behalf; (D) Usable marijuan , nnabi •'1 extracts and concentrates to a processor licensee; a ,; (E) Marijuana waste to a prod" , proce: r, wholesaler or research certificate holder.- ‘ �.�. . and (F) An industrial hemp concentrate, commodity or extract received from a processor licensee of the Commission. (b) Purchase or receive: (A) Any type of marijuana item from a wholesaler; (B) Cannabinoid concentrates, extracts, and products from a processor with an endorsement to manufacture the type of product received; (C) Seeds, immature plants or usable marijuana from a producer; (D) Whole, non-living marijuana plants that have been entirely removed from any growing medium from a producer; and;, 10/30/2017 77 (E) Marijuana waste from a producer, processor, wholesaler, retailer, laboratory, or research certificate holder-; and (F) An industrial hemp item from processor licensee of the Commission. (c) Transport and store marijuana items received from other licensees, pursuant to the requirements of OAR 845-025-7500 to 845-025-7590 and 845-025-7700. (d) Allow a laboratory licensee to obtain samples for purposes of performing testing as provided in these rules and OAR 333-007-0300 to 333-007-0490. (e) Accept or make returns, as long as the wholesaler: (A) Only accepts or returns usable marijuana, marijuana items, immature marijuana plants, seeds and whole non-living marijuana plants; (B) Only accepts or returns eligible items listed in (A) of this section from the original licensee whom supplied or purchased the item; and (C) Accurately records the transaction and its disposition once returned in the CTS. (f) Trim whole non-pivinq plants and usable marijuana on behalf of a producer licensee, as long as both the wholesale licensee and producer licensee comply with all applicable rules including tracking all transactions and any packaging of marijuana items in CTS; and if: (A) Trimming is performed on the wholesaler's licensed premises; or (B) Trimming is performed at the producer's licensed premises and the wholesale licensee holds a "For Hire Trimming Privilege" as set forth in OAR 845-025-3505. (2) A wholesale licensee may not sell, deliver, purchase, or receive any marijuana item other than as provided in section (1) of this rule. (3) For purposes of this rule, "marijuana item" does not include a mature marijuana plant. Stat. Auth.: ORS 475B.025 & 475B.090 Stats. Implemented ORS 475B.100 & 475B.400, 2016, OL Ch. 23, Sec. 24, 2017 OL 531 & 2017 OL Ch. 183 845-025-3505 Wholesaler For-Hire Trimming Privilege 10/30/2017 78 (1) Eligibility. (a) A licensee that holds a wholesaler license under ORS 475b.100 may apply for a for-hire trimming privilege. (b) This rule does not apply to entities solely providing worker permittee staffing services for trimming operations. (2) Definitions. (a) "For-hire trimmer" means any wholesale licensee who has applied for and received the privilege to trim marijuana on behalf of a producer licensee. (b) "Mobile trimming equipment" is equipment that will alter the licensed premises or the usage of the licensed premises from the plans originally approved by the Commission. (c) "Trim" means the process of separating marijuana usable flower from usable marijuana leaves. (3) Application Requirements. (a) A wholesale licensee must receive approval from the Commission prior to providing for-hire trimming services of marijuana, on a form prescribed by the Commission. (b) The application for a for-hire trimmer privilege under this rule shall include a description of any mobile equipment that will be transported to the producer's licensed premises and a written control plan on a form prescribed by the Commission. The control plan shall include: (A) The names of the individuals to be employed by the licensee and their worker permit numbers issued under OAR 845-025-5500; (B) Procedures that prevent unlawful activity and violations; and (C) Procedures that prevent any person under 21 years to be admitted to the areas where marijuana will be trimmed. (c) The Commission may require additional forms, documents or information as part of the application. (d) The Commission may require an inspection of the wholesale licensee's mobile trimming operation at any time. 10/30/2017 79 (e) The Commission may refuse to process any application not complete, not accompanied by the documents or disclosures required by the form or the Commission. (4) Operations Requirements. (a) The approved wholesaler must notify the Commission at least 3 business days in advance before transporting the mobile trimming equipment to the producer's licensed premises. (b) The approved wholesaler and producer must: (A) Ensure that all trimming activities are captured on video and meet the requirements of OAR 845-025-1450; (B) Capture and maintain surveillance video as set forth in 845-025-1450. If the activity is captured on video by the wholesaler, the wholesaler license must provide a copy of the video to the producer before leaving the licensed premises; and (C) Maintain a log of all activity allowed under this rule. The log must contain the first and last name and date of birth of every visitor and the date they visited. (5) The Commission may deny any application for a for-hire trimmer that does not meet the requirements of this rule. (6) The Commission may deny, cancel or restrict an application for a for-hire trimmer privilege for any reason for which the Commission may deny, cancel or restrict a regular license or if the Commission, in its discretion, determines that approving the privilege would present a risk to public health and safety. (7) The Commission may deny or restrict an application for a for-hire trimmer privilege if any participating licensee has been found to have violated ORS 4756.010 to 4756.395 or any rules adopted there under in the past 24 months. (8) When the Commission approves a control plan required under this rule, the licensee(s) must follow that written plan. Failure to follow that written plan is a Category III violation. An intentional violation of this rule is a Category I violation and may result in license revocation. (9) The Commission may immediately revoke for-hire trimmer privilege if the Commission has reasonable grounds to believe continued operation of the event presents a risk to public health and safety. (10) The wholesaler and the producer are jointly liable for any violation of ORS 4756.010 to ORS 475.390 or any rules adopted thereunder that occur on the 10/30/2017 80 producer's licensed premises while the wholesaler is present and exercising the for-hire trimmer privilege. Stat. Auth. ORS 475B.025 Stat. Implemented: ORS 4756.100 & 2017 OL Ch. 183 845-025-3510 Micro-Wholesaler License Privileges MA micro-wholesale licensee may: (1) 0.1 Purchase or receive usable marijuana, immature marijuana plants, seeds, whole non-living marijuana plants and marijuana waste from a producer with a micro tier I or micro tier II canopy; and (b) Accept or make returns, as long as the micro-wholesale licensee: (A) Only accepts or returns usable marijuana, marijuana items, immature marijuana plants, seeds and whole non-living marijuana plants; (B) Only accepts or returns eligible items listed in (A) from a producer with a micro tier I or micro tier II canopy; a (C) Accurately records the transaction in the CTS. (2) A micro-wholesaler v4 ; - .-r, sell transport, purchase, or receive any marijuana item other than -. •rovid `ns�ection (1) of this rule.(2) Sell including sale by auction, transfer and tra' sport: '" (a) Usable marijuana to a retailer, wholesaler, processor, non-profit dispensary or research certificate holder; (b) Seeds and immature plants to a retailer, wholesaler, producer, non-profit dispensary or research certificate holder; (c) Whole non-living marijuana plants to a wholesaler, processor or non-profit dispensary; and (d) Marijuana waste to a producer, processor, wholesaler or research certificate holder. (3) Transport and store marijuana items received from producers with a micro tier 1 or micro tier II canopy, pursuant to the requirements of OAR 845-025-7500 to 845-025- 7590 and 845-025-7700. 10/30/2017 81 (4) Allow a laboratory licensee to obtain samples for purposes of performing testing as provided in these rules and OAR 333-007-0300 to 333-007-0490. Stat. Auth.: ORS 4756.025 & 4756.075 Stats. Implemented: ORS 4756.075 & 2016 OL Ch. 24, Sec. 1 845-025-5030 Laboratory Licensing Requirements (1) General Requirements (a) A laboratory that intends to collect samples or test marijuana items for producer, processor, wholesale, or retail licensees, or research certificate holders must be licensed by the Commission. (b) An applicant for a license under this rule must comply with all applicable application requirements in OAR 845-025-1030 and pay the required application'and license fees. (c) A laboratory application is subject to the same application review procedures as other applicants. (d) In addition to the denial criteria in OAR 845-025-1115, the Commission may refuse to issue a laboratory license for any violation ORS 4756.5 50 to 4756.590, OAR 333- 007-0300 to 333-007-0490, OAR 333, Division 64 or these rules. (e) In addition to the denial criteria in OAR 845-025-1115, the Commission may refuse to issue a laboratory license to any person who: (A) Holds a producer, processor, wholesaler or retail license; (B) Is registered with the authority under ORS 4756.420 and is a person designated to produce marijuana by a registry identification cardholder as that is defined in ORS 4756.410; or (C) Is registered with the authority under ORS 4756.435 or 4756.450. (f) Laboratory application and license fees are established in OAR 845-025-1060. (g) A laboratory that is only accredited to perform sampling may be designated as a Sampling Laboratory for purposes of the licensing fee in OAR 845-025-1060. This designation may only be changed upon license renewal. (2) Accreditation by the Authority (a) In addition to the requirements listed in section (1) of this rule, an applicant for a laboratory license must be accredited by the Authority under OAR 333, Division 64 for 10/30/2017 82 any cannabis sampling or testing the applicant will perform under OAR 333-007-0300 to 333-007-0490. (b) An applicant for a license under this rule may apply for licensure prior to receiving accreditation, but the Commission will not issue a license until proof of accreditation is received. (c) The Commission may make efforts to verify or check on an applicant's accreditation status during the licensing process, but an applicant bears the burden of taking all steps needed to secure accreditation and present proof of accreditation to the Commission. (d) In addition to the denial criteria in OAR 845-025-1115, the Commission may consider an application incomplete if the applicant does not obtain accreditation from the Authority within six months of applying for a license.The Commission shall give an applicant an opportunity to be heard if an application is declared incomplete under this section, but an applicant is not entitled to a contested case proceeding under ORS chapter 183. An applicant whose application is declared incomplete may reapply at any time. (e) A licensed laboratory must maintain accreditation by the Authority at all times while licensed by the Commission. If a laboratory's accreditation lapses or is revoked at any time for any reason while licensed by the Commission, the laboratory may not perform any activities that are subject to the lapsed or revoked accreditation until it is reinstated. (f) Exercising license privileges without proper accreditation is a Category I violation and could result in license revoc (3) Renewal. (a) A labora • ust renew its license a;; Ily and pay the required renewal fees in accordance with OAR 845-025-1190. (b) A laboratory renewal application may be denied for any violation of ORS 4756.550 to 4756.590, OAR 333-007-0300 to 333-007-0490, OAR 333, Division 64, or these rules. (c) The Commission mayrefuse to renew a laboratory license, if the licensee has any unresolved compliance issues with the Commission. Stat. Auth.: ORS 4756.0251&4756.090 & 2017 OL Ch. 183 Stats. Implemented: ORS 4756.090 10/30/2017 83 845-025-5045 Laboratory Tracking and Reporting (1) A laboratory licensee is required to utilize CTS for sampling or testing conducted for licensees and research certificate holders and follow all requirements established by OAR 845-025-7500 to 845-025-7590. (2) A laboratory licensee conducting sampling or testing for licensees is responsible for tracking and entering the following information into CTS: (a) Receipt of samples for testing, including: (A) Size of the sample; (B) Name of licensee or research certificate holderfrom whom the sample was obtained; (C) Date the sample was collected; and , (D) UID tag information associated with a harvest or process lot from which the sample was obtained. (b) Tests performed on samples, incluc : (A) Date testing was performed; (B) What samples were tested for; (C) Name of laboratory responsible for testi, Ln and tcr (D) Results of all testing performed. (c) Disposition of any testing sample material. (3) A laboratory must also comply with any recordkeeping requirements in OAR 333- 007-0300 to 333-007-0490 and OAR 333, Division 64. (4) The Oregon Health Authority or the Commission may request records at any time of a laboratory licensee. Stat. Auth.: ORS 475B.560 Stats. Implemented: ORS 475B.560 10/30/2017 84 845-025-5500 Marijuana Worker Permit and Retailer Requirements (1) A marijuana worker permit is required for any individual who performs work for or on behalf of a marijuana retailer, producer, processor or wholesaler if the individual participates in: (a) The possession, production, propagation, processing, securing or selling of marijuana items at the premises for which the license has been issued; (b) The recording of the possession, production, propagation, processing, securing or selling of marijuana items at the premises for which the license has been issued; (c) The verification of any document described in ORS 475B.170; or (d) The direct supervision of a person described in subsections (a)to (c) of this section. (2) An individual who is required by section (1) of this rule to hold a marijuana worker permit must carry that permit on his or her person at all times when performing work on behalf of a marijuana retailer. (3) A person who holds a marijuana worker permit must notify the Commission in writing within 10 days of any conviction for a misdemeanor or felony. (4) A marijuana retailer, producer, processor or wholesaler must verify that an individual has a valid marijuana worker permit issued in accordance with OAR 845-025-5500 to 845-025-55°1 •-fore allowin• 41w,Artidual to perform any work at the licensed premise Stat. Auth.: ORS 4756.215 & 475B.218 Stats. Implemented: ORS 4756.215, 4756.218,&2016 OL Ch. 23, Sec. 16 & 17 84 2017 OL Chi ;3 845-025-5520 Marijuana Worker Appli ins (1) In order to obtain a marijuana worker permit an individual must submit an application on a form prescribed by the Commission. The application must contain the applicant's: (a) Name; (b) Mailing address; (c) Date of birth; 10/30/2017 85 (d) Signature; and (e) Response to conviction history questions. (2) In addition to the application an applicant must submit: (a) A copy of a driver's license or identification card issued by one of the fifty states in the United States of America or a passport; and (b) Proof of having passed the worker permit examination. (3) If an application does not contain all the information requested or if the information required in section (2) of this rule is not provided to the Commission, the application will be returned to the individual as considered incomplete. (4) If an application is returned as incomplete, the individual may reapply at any time. Stat. Auth.: ORS 475B.215 & 4756.218 Stats. Implemented: ORS 475B.215 & 475B.218 845-025-5540 Marijuana Worker Permit Denial Criteria (1) The Commission must deny an initial or renewal application if the applicant: (a) Is not 21 years of age or older; (b) Has had a marijuana license or worker permit revoked for violation of ORS 475B.010 to 4756.395 or any rule adopted under ORS 4756.010 to 4756.395 within two years of the date of the application; (2) The Commission may deny an initial or renewal application, if the applicant: (a) Has been convicted of a felony for possession, manufacture or delivery of a controlled substance or an offense misdemeanor or felony under ORS 475.856, 475.858, 475.860 or 475.862 within three years of the date the Commission received the application, except that the Commission will not consider convictions for: (A) Possession of marijuana; or (B) Manufacture or delivery of marijuana if the date of the conviction is two or more years prior to the date of the application or renewal. (b) Has been convicted of a felony for a crime involving violence within three years of the date the Commission received the application; 10/30/2017 86 ` I (c) Has been convicted of a felony for a crime of dishonesty or deception, including but not limited to theft, fraud, or forgery, within three years of the date the Commission received the application; (d) Has been convicted of a felony for a crime involving a firearm, within three years of the date the Commission received the application; (de) Has more than one conviction for any of the crimes listed in subsections (a) to (ed) of this section within five years of the date the Commission received the application; (fe) Has violated any provision of ORS 4756.010 to 4756.395 or any rule adopted under ORS 4756.010 to 475B.395; or (at) Makes a false statement to the Commission. (3) If the Commission denies an application under subsection (2)(f) to (g) of this rule the individual will not be eligible for a permit for two years from the date the Commission received the application. (4) A Notice of Denial must be is ' the Corn ion in accordance with ORS Chapter 183. '444_ Stat. Auth.: ORS 4756.215 & 4756.218 Stats. Implemented: ORS 4756.215, 475B.218 & 2016 OL .`24, Sec. 13 845-025-5580 Marijuana Worker Renewal Requirements (1) An individual must renew his or her marijuana worker permit every five years by submitting a renewal application, on a form prescribed by the Commission and the applicable fee specified in OAR 845-025-1060. (2) Renewal applications will be reviewed in accordance with OAR 845-025-5520 and 845-025-5540. (3) The Commission may refuse to renew a worker permit, if the permittee has any unresolved compliance issues with the Commission. Stat. Auth.: ORS 4756.215,&4756.218 & 2017 OL Ch. 183 Sec. 13 Stats. Implemented: ORS 4756.215 & 4756.218 10/30/2017 87 845-025-5700 Licensee Testing Requirements (1) Licensees must comply with the Authority's testing rules in OAR 333-007-0300 to 333-007-0490 and OAR 333, division 64 prior to the sale or transfer of a marijuana item, as specified in those rules, except as described in subsection (2) of this rule. (2) Until March 1, 2017, ilf commission staff finds there is insufficient laboratory capacity for the testing of pesticides, staff may issue an order allowing licensed marijuana testing laboratories to test randomly chosen samples from batches of usable marijuana submitted for testing by a licensee, for pesticides, rather than testing every batch of usable marijuana for pesticides. (a) The number of batches to be tested randomly will be specified in the order and may vary based on the laboratory capacity at the time the order is issued and the size of the harvest lot to be tested. Samples from at least one batch of every harvest lot must be tested for pesticides. (b) If any one of the randomly chosen samples from a batch of a producer licensee's harvest lot fails a pesticide test every batch from the harvest lot must be tested for pesticides. (c) If samples from each randomly chosen batch that are tested for pesticides pass, the entire harvest lot is considered to have passed pesticide testing and may be transferred or sold. (d) If Commission staff determines that there is sufficient laboratory capacity to test every batch of usable marijuana for pesticides the staff shall give licensees 10 days' notice that all batches shall thereafter be required to be tested. (e) Producer licenses are responsible for testing fee and may choose any laboratory licensee to conduct the test. (3) A violation of this rule is a Category I violation. Stat. Auth.: ORS 475B.550 &475B.555 Stats. Implemented: ORS 4756.550 & 475B.555 845-025-5760 Audit, Compliance, and Random Testing (1) The Commission may require a licensee to submit samples identified by the Commission to a laboratory of the licensee's choosing to be tested in order to determine whether a licensee is in compliance with OAR 333-007-0300 through 333-007-0490 and may require additional testing that is not required by these rules. 10/30/2017 88 (2) A laboratory doing audit testing must comply with these rules, to the extent they are applicable, and if conducting testing not required by these rules, may only use Authority approved methods. (3) The commission must establish a process for the random testing of marijuana items for microbiological contaminants that ensures each licensee tests every product for microbiological contaminants at least once a year. (4) The Commission may exempt a product that has successfully completed process validation a control study in accordance with OAR 333-007-0440 from testing for microbiological contaminants. Stat. Auth.: ORS 4756.550 & 475B.555 ,.A Stats. Implemented: ORS 4756.550 &4756.5 845-025-7570 Cultivation Batches (1) A producer must establish cultivation batches consisting o.f immature marijuana plants less than 824 inches tall that are not required to be individually tagged by these rules, seeds and or tissue cultures and assign each cultivation batch a unique identification number. (2) A cultivation bates . - . . ave more than 100 I ure marijuana plants less than 8 24 inches tall. N., (3) A producer may have unlimited number of cultivation batches at any one time. Stat. Auth.: ORS 4756.025 Stats. Implemented: O '" 75 ` , & 4756.150 845-025-7580 Reconciliation with Inve 4 ,ry (1) All licensees mus (a) Use CTS for all inventory tracking activities at a licensed premises, as defined by these rules; (b) Reconcile all on-premises and in-transit marijuana item inventories each day in CTS at the close of business pursuant to system requirements; and (c) Record all required information for seeds, usable marijuana, cannabinoid concentrates and extracts by weight; 10/30/2017 89 (d) Record the wet weight of all harvested marijuana plants immediately after harvest; and (e) Record all required information for cannabinoid products by unit count but must also record the weight per unit of a product. (2) The requirements in section (1)(b) and (4) of this rule do not apply during the first ten calendar days of licensure so long as the license has ordered UID tags and the UID tags are in transit to the licensee. (3) The requirements in section (1)(b) of this rule do not apply to marijuana items held by a laboratory licensee that are undergoing analytical testing required by these rules or OAR 333-007-0300 to 333-007-0490 so long as the marijuana items do not leave the laboratory's licensed premises and are reconciled on the same day that the analytical testing concludes. (4) In addition to the requirements in section (1) of this rule, retailers must record the price before tax and amount of each item sold to consumers and the date of each transaction in CTS for each individual transaction at tho close of every day,the business operates before the business opens the next business day. (5) Information that was not required to be recorded and reconciled daily pursuant to section (2) of this rule must be recorded and reconciled within three calendar days of the licensee's receipt of UID tags. Stat. Auth.: ORS 475B.025, 475B4O70, 475B090, 475B.100 & 475B.110 Stats. Implemented: ORS 475::72;,;0 845-044700 Transportation and Delivery of Marijuana Items (1) Marijuana items may only be transferred between licensed premises by a licensee or licensee representative. (2) An individual authorized to transport marijuana items must have a valid Oregon Driver's License issued by one of the fifty states in the United States of America. (3) A licensee must: (a) Keep marijuana items in transit shielded from public view; (b) Use a vehicle for transport that is: (A) Insured at or above the legal requirements in Oregon; (B) Capable of securing (locking) the marijuana items during transportation; 10/30/2017 90 (C) Equipped with an alarm system; and (D) Capable of being temperature controlled if perishable marijuana items are being transported. (c) Using CTS, generate a printed transport manifest that accompanies every transport of marijuana items that contains the following information: (A) The name, contact information of a licensee representative, licensed premises address and license number of the licensee transporting the marijuana items; (B) The name, contact information of the licensee representative, licensed premises address, and license number of the licensee receiving the delivery; (C) Product name and quantities (by weight or unit) of each marijuana item contained in each transport, along with the UlDs for every item; (D) The date of transport and approximate time of departure; (E) Arrival date and estimated time of arrival; (F) Delivery vehicle make and model and license plate number; and (G) Name and signat a licensee's representative accompanying the transport. (4) A licensee must generate the manifest required by section (3)(c) of this rule at least 24 hours in advance of itiatin® . sportation if the marijuana items transported pursuant to the manifest els-P1 (a) 25 pounds of usable marijua • (b) One pound of cannabinoid concentrate or extract; or (c) 1,000 units of sale of any individual cannabinoid product. (5) A licensee may not void or change a transportation manifest after departing from the originating premises. (6) All marijuana items must be packaged in shipping containers and labeled with a UID tag prior to transport. (7) A licensee must provide a copy of the transport manifest to each licensed premises receiving the inventory described in the transport manifest, but in order to maintain transaction confidentiality, may prepare a separate manifest for each receiving licensed premises. 10/30/2017 91 (8) A licensee must provide a copy of the printed transport manifest and any printed receipts for marijuana items delivered to law enforcement officers or other representatives of a government agency if requested to do so while in transit. (9) A licensee must contact the Commission immediately, or as soon as possible under the circumstances, if a vehicle transporting marijuana items is involved in any accident that involves product loss. (10) Upon receipt of inventory a receiving licensee must ensure that the marijuana items received are as described in the transport manifest and must record receipt of the inventory in CTS. (11) A receiving licensee must separately document any differences between the quantity specified in the transport manifest and the quantities received. Such documentation shall be made in CTS and in any relevant business records. (12) A licensee must provide temperature control for perishable marijuana items during transport. (13) Any vehicle transporting marijuana items must travel directly from the shipping licensee to the receiving licensee and must not: fnMake any unnecessary stops in between except to other licensed premises receiving inventory- (b) Remove the marijuana items from the vehicle until they arrive at their final destination. Permittees may not bring items into a hotel or other any other unlicensed premises; and (c) Travel with any persons not listed on the manifest. (14) A licensee must notify the Commission in advance of the location of every stop at an unlicensed location that exceeds two hours in duration. (15) If the licensee's delivery vehicle is stopped at an unlicensed location the licensee must immediately make the vehicle and its contents available for inspection upon the Commission's request. (16) A licensee may transport marijuana on behalf of other licensees if the transporting licensee holds a wholesale license. Stat. Auth.: ORS 4756.025, 4756.070, 4756.090, 4756.100 & 4756.110 Stats. Implemented: ORS 4756.025, 4756.070, 4756.090, 4756.100 & 4756.110 845-025-7750 10/30/2017 92 Waste Management (1) A licensee must: (a) Store, manage and dispose of solid and liquid wastes generated during marijuana production and processing in accordance with applicable state and local laws and regulations which may include but are not limited to: (A) Solid waste requirements in ORS 459 and OAR 340 Divisions 93 to 96; (B) Hazardous waste requirements in ORS 466 and OAR 340, Divisions 100 to 106; and (C) Wastewater requirements in ORS 468B and OAR 340, Divisions 41 to 42, 44 to 45, 53, 55 and 73. (b) Store marijuana waste in a secured waste receptacle in the possession of and under the control of the licensee. (c) If the waste is generated post-harvest or if an entire marijuana plant greater than 24 inches tall is designated as waste, the waste must be held on the licensed premises for at least three business days prior to disposal. (2) A licensee may give or sell marijuana waste to a producer, processor or wholesale licensee or research certificate holder. Any such transaction must be entered into CTS pursuant to OAR 845-025-7500. (3) In addition to information required to be entered into CTS pursuant to OAR 845-025- 7500, a licensee must maintain accurate and comprehensive records regarding waste material that accounts for, reconciles, and evidences all waste activity related to the disposal of marijuana. (4) Waste items consisting of usable marijuana, concentrates, extracts or cannabinoid products must be disposed of on the licensed premises or transferred to another licensee for disposal. (5) Any product containing marijuana or hemp waste may not be transferred or sold to any licensee for consumption. Stat. Auth.: ORS 4756.025, 475B.070 & 4756.090 Stats. Implemented: ORS 475B.070, 4756.090, 4756.100 &475B.150 10/30/2017 93 845-025-8040 Advertising Restrictions (1) Marijuana advertising may not: (a) Contain statements that are deceptive, false, or misleading; (b) Contain any content that can reasonably be considered to target individuals under the age of 21, including but not limited to images of minors, cartoons characters, toys, or similar images and items typically marketed towards minors, or references to products that are commonly associated with minors or marketed by minors; (c) Specifically encourages the transportation of marijuana items across state lines; (d) Assert that marijuana items are safe because they are regulated by the Commission or have been tested by a certified laboratory,or otherwise make claims that any government agency endorses or supports marijuana; (e) Make claims that recreational marijuana has curative or therapeutic effects; (f) Display consumption of marijuana item , (g) Contain material that encourages the use of marijuana because of its intoxicating effect; or (h) Contain material that encourages excessive or rapid consumption. (2) A licensee may not make any deceptive, false, or misleading assertions or statements on any informational material, any sign, or any document provided to a consumer. (3) A licensee must include the following statement on all print, billboard, television, radio and internet advertising in font size legible to the viewer: (a) "Do not operate a vehicle or machinery under the influence of this drug". (b) "For use only by adults twenty-one years of age and older." (c) "Keep out of the reach of children." Stat. Auth.: ORS 475B.025 Stats. Implemented: ORS 475B.025 10/30/2017 94 845-025-8060 Advertising Media, Coupons, and Promotions (1) The Commission prohibits advertising through handbills that are posted or passed out in public areas such as parking lots and publicly owned property. (2) A licensee may not utilize television, radio, billboards, print media or internet advertising unless the licensee has reliable evidence that no more than 30 percent of the audience for the program, publication or internet web site in or on which the advertising is to air or appear is reasonably expected to be under the age of 21. (3) A licensee who advertises via web page must utilize appropriate measures to ensure that individuals visiting the web page are over 21 years of age. (4) A licensee may not engage in advertising via marketing directed towards location- based devices, including but not limited to cellular phones, unless the marketing is a mobile device application installed on the device by the owner of the device who is 21 years of age or older and includes a permanent and easy opt-out feature. Stat. Auth.: ORS 475B.025 Stats. Implemented: ORS 4756.02 „r " 845-025-8520 ttit, Prohibited Con (1) Sale to a Minor. A - see ar permittee may not sell, deliver, transfer or make available any marijuana it '` y: 3 ® ;under 21 years of age unless the individual holds a valid OMMP patier caregiver card. (a) Violation of this section for an intentional sale to a minor by a licensee, permittee or license representative is a Category II violation. (b) Violation of this section for other than intentional sales is a Category II(b) violation. (2) Identification. A licensee or license representative must require aperson to produce identification as required by ORS 4756.170 before selling or providing a marijuana item to that person. Violation of this section is a Category IV violation. (3) Access to Premises. (a) A licensee or permittee may not: (A) During regular business hours for the licensed premises, refuse to admit or fail to promptly admit a Commission regulatory specialist who identifies him or herself and 10/30/2017 95 who enters or wants to enter a licensed premises to conduct an inspection to ensure compliance with ORS 475B affecting the licensed privileges; or these rules; (B) Outside of regular business hours or when the premises appear closed, refuse to admit or fail to promptly admit a Commission regulatory specialist who identifies him or herself and requests entry on the basis that there is a reason to believe a violation of ORS 475B affecting the licensed privileges; or these rules is occurring; or (C) Once a regulatory specialist is on the licensed premises, ask the regulatory specialist to leave until the specialist has had an opportunity to conduct an inspection to ensure compliance with ORS 475B affecting the licensed privileges; or these rules. (b) Violation of this section is a Category II violation. (4) Use or Consumption of Intoxicants on Duty and Under the Influence on Duty. (a) No licensee, licensee representative, or permittee may consume any intoxicating substances while on duty, except for employees as permitted under OAR 845-025- 1230(6)(b). Violation of this subsection is a Category Ill violation. (b) No licensee, licensee representative, or permittee may be under the influence of intoxicating substances while on duty. violation of this subsection is a Category II violation. (c) Whether a person is paid or scheduled for a work shift is not determinative of whether the person is considered "on duty.*-;:-, (d) As used in this section: 1 , (A) "On duty" means: (i) From the beginning to the end of a work shift for the licensed business, including any and all coffee, rest or meal breaks; or (ii) Performing any acts on behalf of the licensee or the licensed business outside of a work shift if the individual has the authority to put himself or herself on duty. (B) "Intoxicants" means any substance that is known to have or does have intoxicating effects, and includes alcohol, marijuana, or any other controlled substances. (5) Permitting Use of Marijuana at Licensed Premises. A licensee or permittee may not permit the use or consumption of marijuana, hemp items, or any other intoxicating substance, anywhere in or on the licensed premises, or in surrounding areas under the control of the licensee, except for employees as permitted under OAR 845-025- 1230(6)(b). Violation of this section is a Category III violation. 10/30/2017 96 (6) Import and Export. A licensee or permittee may not import marijuana items into this state or export marijuana items out of this state. Violation of this section is a Category I violation and could result in license or permit revocation. (7) Permitting, Disorderly or Unlawful Conduct. A licensee or permittee may not permit disorderly activity or activity that is unlawful under Oregon state law on the licensed premises or in areas adjacent to or outside the licensed premises under the control of the licensee. (a) If the prohibited activity under this section results in death or serious physical injury, or involves unlawful use or attempted use of a deadly weapon against another person, or results in a sexual offense which is a Class A felony such as first degree rape, sodomy, or unlawful sexual penetration, the violation is a Category I violation and could result in license or permit revocation. (b) If the prohibited activity under this section involves use of a dangerous weapon against another person with intent to cause death or serious physical injury, it is a Category II violation. (c) As used in this section: (A) "Disorderly activities" means activities that Grass, threaten or physically harm oneself or another person. 4711.0, (B) "Unlawful activity" means activities that violateethe laws of this state, including but not limited to any activity that violates a state criminal statute. (d) The Commission does not require a convicts ; to establish a violation of this section except as required in ORS 475B.045. (8) Marijuana as a Prize, Premium or Consideration. No licensee or permittee may give o permit the giving of any marijuana item as a prize, premium, or consideration for any lottery, contest, game of chance or skill, exhibition, or any competition of any kind on the licensed premises. (9) Visibly Intoxicated Persons. No licensee or permittee may sell, give, or otherwise make available any marijuana item to any person who is visibly intoxicated. Violation of this section is a Category Ill violation. (10) Additional Prohibitions. A licensee or permittee may not: (a) Sell or deliver any marijuana item through a drive-up or walk-up window. (b) Use any device or machine that both verifies the age of the consumer and delivers marijuana to the consumer; or 10/30/2017 97 (c) Deliver marijuana to a consumer off the licensed premises, except that retail licensees may provide delivery as set forth in OAR 845-025-2880. (d) Violation of this subsection is a Category III violation. (e) Permit industrial hemp item, . - _ e'_ _ •_!e or product derived from industrial hemp that contains cannabinoids to be present on the licensed premises, except as allowed by OAR 845-025-2800. Violation of this subsection is a Category I violation. Stat. Auth.: ORS 475B.025, 475B.070, 475B.090, 475B.100 & 475B.110 Stats. Implemented: ORS 4756.070, 475B.090, 475B.100, 475B.110, 475B.185, 475B.270 & 475B.275 845-025-8560 • Inspections (1) The Commission may conduct: (a) An complaint inspection at any time to ensure that e _ _ •- - - . _ - complaint that alleges a registrant, licensee or permittee is in compliance with is in violation of ORS 475B or these rules; or (b) An random inspection of an OLCC recreational licensee at any time in order to diP 2 • (be) Compliance transactions in order to determine whether a licensee or permittee is complying with ORS 475B or these rules. (2) A licensee, licensee representative, or permittee must cooperate with the Commission during an inspection. (3) If licensee, licensee representative or permittee fails to permit the Commission to conduct an inspection the Commission may seek an investigative subpoena to inspect the premises and gather books, payrolls, accounts, papers, documents or records. Stat. Auth.: ORS 475B.025, 475B.070, 475B.090, 475B.100 & 475B.110 Stats. Implemented ORS 4756.285 & 475B.635 845-025-8590 Suspension, Cancellation, Civil Penalties, Sanction Schedule (1) The Commission may suspend or revoke: (a) A license issued under ORS 475B.010 to 475B.395 or 475B.560. 10/30/2017 98 (b) A marijuana workers permit issued under ORS 4756.215. (c) A research certificate issued under ORS 475B.235. (d) An industrial hemp certificate issued under OAR 845-025-2700. (2) Civil Penalties. fpiThe Commission may impose a civil penalty under ORS 4756.295. Civil penalties will be calculated by multiplying: (a A) The number of days in a suspension, if suspension could be or is being imposed, by $165 for licensees or certificate holders; or (,b B) The number of days in a suspension, if suspension could be or is being imposed, by $25 for permittees. (b) The Commission may impose a civil penalty under ORS 475B.655 of no more than $500 each day the violation occurs. (3) The Commission uses the following violation categories for licensees licensed under ORS475b.010 to 475b.395: 1-44 (a) Category I —Violations that make licensee re,il,e for a license; (b) Category II —Violations that create a present threat to public health or safety; (c) Category 11 (b)—Violations for sales to a minor; (d) Category III —Violations that create a potential threat to public health or safety; (e) Category IV—Violations that create a climate conducive to abuses associated with the sale or manufacture of marijuana items; (f) Category V—Violations inconsistent with the orderly regulation of the sale or manufacture of marijuana items. (4) Violation sanctions (a) The Commission may sanction a licensee or permittee in accordance with the guidelines set forth in Exhibit 1, incorporated by reference. Exhibit 1 also contains the categories for the most common violations. (b) Exhibit 1 lists the proposed sanctions for single or multiple violations that occur within a two year period for each category described in section (3) of this rule. The Commission may allege multiple violations in a single notice or may count violations 10/30/2017 99 alleged in notices issued within the previous two year period toward the total number of violations. In calculating the total number of violations, the Commission may consider a proposed violation for which the Commission has not yet issued a final order. (c) The proposed sanctions in Exhibit 1 are guidelines. If the Commission finds one or more mitigating or aggravating circumstances, it may assess a lesser or greater sanction, up to and including revocation. The Commission may decrease or increase a sanction to prevent inequity or to take account of particular circumstances in the case. (d) Mitigating circumstances include, but are not limited to: (A) Making a good faith effort to prevent a violation. (B) Extraordinary cooperation in the violation investigation demonstrating the licensee or permittee accepts responsibility. (e) Aggravating circumstances include, but are not limited to: (A) Receiving a prior warning about one or more compliance problems. (B) Repeated failure to comply with laws. (C) Failure to use age verification equipment purchased as an offset to a previous penalty. (D) Efforts by licensee or permittee to conceal a violation. (E) Intentionally committirr$ . „„c,, (F) A violation involving more than one consumer or employee. (G) A violation involving a juvenile. (H) A violation resulting in injury or death. (I) A violation that occurred at a licensed premises that has been granted a security waiver. (J) Three or more violations within a two-year-period, regardless of the category, where the number of the proposed or final violations indicate a disregard for the law or failure to control the premises. (5) A licensee may not avoid the sanction for a violation or the application of the provision for successive violations by changing the corporate structure for example, by adding or dropping a partner or converting to another form of legal entity when the individuals who own, operate, or control the business are substantially similar. 10/30/2017 100 l [ED. NOTE: Exhibits referenced is not included in rule text. Click here for PDF copy of exhibit.] Stat. Auth.: ORS 475B.025 Stats. Implemented: ORS 4756.210, 475B.295, 4756.560 &4756.635 tat t 30 aY 10/30/2017 101 The Legalization Marijuana in Cird • 0 o a (.0 The Import , . . ..... ,„ ,. C3ur�'2 . . Rocky Mountain DalArea -rafficking ''Drug-c .uh; ....;. .�K. ., PREPARED BY: ROCKY MOUNTAIN HIDTA STRATEGIC INTELLIGENCE UNIT The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Table of Contents Executive Summary 1 Purpose 1 Introduction 7 Purpose 7 The Debate 8 Background 8 Preface 8 Colorado's History with Marijuana Legalization 9 Medical Marijuana 2000-2008 9 Medical Marijuana Commercialization and Expansion 2009-Present 10 Recreational Marijuana 2013-Present 11 SECTION 1: Impaired Driving and Fatalities 13 Some Findings 13 Differences in Data Citations 14 Definitions by Rocky Mountain HIDTA 14 Data for Traffic Deaths 15 Total Number of Statewide Traffic Deaths 15 Traffic Deaths Related to Marijuana When a Driver Tested Positive for Marijuana 16 Percent of All Traffic Deaths that were Marijuana-Related when a Driver Tested Positive for Marijuana 17 Average Number of Traffic Deaths Related to Marijuana when a Driver Tested Positive for Marijuana 18 Drug Combinations for Drivers who Tested Positive for Marijuana,2016 18 Traffic Deaths Related to Marijuana When an Operator Tested Positive for Marijuana.19 Percent of All Traffic Deaths that were Marijuana-Related when an Operator Tested Positive for Marijuana 20 Average Number of Traffic Deaths Related to Marijuana when an Operator Tested Positive for Marijuana 21 Drug Combinations for Operators who Tested Positive for Marijuana,2016 21 Data for Impaired Driving 22 Number of Positive Cannabinoid Screens 22 ChemaTox and Colorado Department of Public Health and Environment(Data Combined 2009-2013) 23 ChemaTox Data Only(2013-May2016) 23 Table of Contents Page I i The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Colorado State Patrol Number of Drivers Under the Influence of Drugs (DUIDs) 24 Marijuana as a Percent of All DUI and DUIDs 25 Denver Police Department Percent of DUIDs Involving Marijuana 26 Larimer County Sheriff's Office Percent of DUIDs Involving Marijuana 26 Total Number of Accidents in Colorado 27 Related Costs 27 Case Examples 28 Sources 31 SECTION 2: Youth Marijuana Use 33 Some Findings 33 Surveys NOT Utilized 33 Healthy Kids Colorado Survey (HKCS) 33 Current Marijuana Use for High School and Middle School Students in Colorado.34 Monitoring the Future (MTF) Study 35 Centers for Disease Control Youth Risk Behavior Survey(YRBS) 35 2015 YRBS Participation Map 35 Use Data 36 Youth Ages 12 to 17 Years Old 36 Average Past Month Use of Marijuana Youth Ages 12 to 17 Years Old 36 Past Month Marijuana Use Youth Ages 12 to 17 Years Old 36 Prevalence of Past 30-Day Marijuana Use Youth Ages 12 to 17 Years Old 37 Past Month Usage, 12 to 17 Years Old,2014/2015 38 Average Past Month Use Youth Ages 12 to 17 Years Old,2014/2015 39 Past Month Marijuana Use Youth Ages 12 to 17 Years Old,2014/2015 39 Colorado Probation Percent of All Urinalysis Tests Positive for Marijuana Youth Ages 10 to 17 Years Old 40 School Data 41 Impact on School Violation Numbers 41 All Drug Violations,2015-2016 School Year 41 Drug-Related Suspensions/Expulsions 42 Percent of Total Referrals to Law Enforcement in Colorado 42 Number of Reported School Dropouts 43 Colorado School Resource Officer Survey 43 Impact on Marijuana-Related Incidents,2017 44 Predominant Marijuana Violations,2017 44 Student Marijuana Source,2017 45 School Counselor Survey 45 Impact on Marijuana-Related Incidents,2015 46 Predominant Marijuana Violations,2015 46 Student Marijuana Source, 2015 47 Case Examples 47 Table of Contents Page I ii The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Some Comments from School Resource Officers 49 Some Comments from School Counselors 51 Sources 53 SECTION 3: Adult Marijuana Use 55 Some Findings 55 Use Data 56 College Age 18 to 25 Years Old 56 Average Past Month Use of Marijuana College Age 18 to 25 Years Old 56 Past Month Marijuana Use College Age 18 to 25 Years Old 56 Prevalence of Past 30-Day Marijuana Use College Age 18 to 25 Years Old 57 Past Month Usage, 18 to 25 Years Old,2014/2015 58 Average Past Month Use College Age 18 to 25 Years Old,2014/2015 59 Past Month Marijuana Use College Age 18 to 25 Years Old, 2014/2015 59 Adults Age 26+Years Old 60 Average Past Month Use of Marijuana College Ages 26+Years Old 60 Past Month Marijuana Use Adults Age 26+Years Old 60 Prevalence of Past 30-Day Marijuana Use College Adults Age 26+Years Old 61 Past Month Usage,26+Years Old,2014/2015 62 Average Past Month Use Adults Ages 26+Years Old, 2014/2015 63 Past Month Marijuana Use Adults Ages 26+Years Old,2014/2015 63 Colorado Adult Marijuana Use Demographics 64 Case Examples 64 Sources 66 SECTION 4: Emergency Department and Hospital Marijuana-Related Admissions 67 Some Findings 67 Definitions 68 Emergency Department Data 68 Colorado Department of Public Health and Environment 68 Average Emergency Department Rates Related to Marijuana 69 • Emergency Department Rates Related to Marijuana 70 Emergency Department Visits Related to Marijuana 71 Hospitalization Data 72 Colorado Department of Public Health and Environment 72 Average Hospitalization Rates Related to Marijuana 72 Hospitalization Rates Related to Marijuana 73 Average Hospitalizations Related to Marijuana 74 Hospitalizations Related to Marijuana 74 Additional Sources 75 Table of Contents Page I iii The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Children's Hospital Marijuana Ingestion Among Children Under 9 Years Old 75 Cost 75 Case Examples 76 Sources 80 SECTION 5: Marijuana-Related Exposure 81 Some Findings 81 Definitions 81 Data 82 Average Number of Marijuana-Related Exposures, All Ages 82 Marijuana-Related Exposures 82 Marijuana-Related Exposures by Age Range 83 Average Percent of All Marijuana-Related Exposures, Children Ages 0 to 5 Years Old 83 Number of Marijuana Only Exposures Reported 84 Case Examples 84 Sources 85 SECTION 6: Treatment 87 Some Findings 87 Data 87 Treatment with Marijuana as Primary Substance Abuse,All Ages 87 Drug Type for Treatment Admissions,All Ages 88 Percent of Marijuana Treatment Admissions by Age Group 89 Marijuana Treatment Admissions Based on Criminal Justice Referrals 90 Comments from Colorado Treatment Providers 90 Case Examples 91 Sources 92 SECTION 7: Diversion of Colorado Marijuana 93 Some Findings 93 Definitions 94 Data on Marijuana Investigations 95 RMHIDTA Colorado Task Forces:Marijuana Investigation Seizures 95 RMHIDTA Colorado Task Forces:Marijuana Investigative Plant Seizures 96 RMHIDTAColorado Task Forces:Marijuana Investigative Felony Arrests 96 Data on Highway Interdictions 97 Average Colorado Marijuana Interdiction Seizures 97 Colorado Marijuana Interdiction Seizures 98 Average Pounds of Colorado Marijuana from Interdiction Seizures 98 States to Which Colorado Marijuana Was Destined,2016 99 Table of Contents Page I iv The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Top Three Cities for Marijuana Origin 99 Case Examples of Investigations 100 Case Examples of Interdictions 103 Sources 107 SECTION 8: Diversion by Parcel 109 Some Findings 109 Data from U.S. Postal Service 109 Average Number of Parcels Containing Marijuana Mailed from Colorado to Another State 109 Parcels Containing Marijuana Mailed from Colorado to Another State 110 Average Pounds of Colorado Marijuana Seized by the U.S.Postal Inspection Service 110 Pounds of Colorado Marijuana Seized by the U.S. Postal Inspection Service 111 Number of States Destined to Receive Marijuana Mailed from Colorado 111 Private Parcel Companies 112 Case Examples 113 Sources 115 SECTION 9: Related Data 117 Topics 117 Some Findings 117 Crime 118 Colorado Crime 118 City and County of Denver Crime 119 Crime in Denver 120 Denver Police Department Unlawful Public Display/Consumption of Marijuana 120 Boulder Police Department Marijuana Public Consumption Citations 121 Case Examples 121 Revenue 124 Colorado's Statewide Budget, Fiscal Year 2017 124 Total State Revenue from Marijuana Taxes, Calendar Year 2016 124 Case Example 125 Event Planners' Views of Denver 126 Negative Meeting Planner Perceptions,2014 126 Homeless 128 Suicide Data 130 Average Toxicology of Suicides Among Adolescents Ages 10 to 19 Years Old (With Known Toxicology) 130 Average Toxicology Results by Age Group, 2013-2015 131 THC Potency 132 Table of Contents Page I v The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 National Average THC Potency Submitted Cannabis Samples 132 National Average THC Potency Submitted Hash Oil Samples 133 Alcohol Consumption 134 Colorado Average Consumption of Alcohol 134 Colorado Consumption of Alcohol 134 Medical Marijuana Registry 135 Percent of Medical Marijuana Patients Based on Reporting Conditions,2016 136 Colorado Licensed Marijuana Businesses as of August 1st, 2017 137 Business Comparisons, June 2017 137 Colorado Business Comparisons,June 2017 137 . Demand and Market Size 138 Demand 138 Market Size 138 Marijuana Enforcement Division Reported Sales of Marijuana in Colorado 139 2017 Price of Marijuana 139 Local Response to Medical and Recreational Marijuana in Colorado 140 2016 Local Jurisdiction Licensing Status 142 Sources 143 SECTION 10: Reference Materials 147 Reports and Articles 147 Impaired Driving 147 Youth Marijuana Use 151 Adult Marijuana Use 152 Emergency Department and Hospital Marijuana-Related Admissions 155 Marijuana-Related Exposure 157 Treatment 157 Related Data 158 Sources 163 Table of Contents Page I vi The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Executive Summary Purpose Rocky Mountain High Intensity Drug Trafficking Area (RMHIDTA) is tracking the impact of marijuana legalization in the state of Colorado. This report will utilize, whenever possible, a comparison of three different eras in Colorado's legalization history: • 2006-2008: Medical marijuana pre-commercialization era • 2009 -Present: Medical marijuana commercialization and expansion era • 2013 -Present: Recreational marijuana era Rocky Mountain HIDTA will collect and report comparative data in a variety of areas, including but not limited to: • Impaired driving and fatalities • Youth marijuana use • Adult marijuana use • Emergency room admissions • Marijuana-related exposure cases • Diversion of Colorado marijuana This is the fifth annual report on the impact of legalized marijuana in Colorado. It is divided into ten sections, each providing information on the impact of marijuana legalization. The sections are as follows: Section 1 - Impaired Driving and Fatalities: • Marijuana-related traffic deaths when a driver was positive for marijuana more than doubled from 55 deaths in 2013 to 123 deaths in 2016. • Marijuana-related traffic deaths increased 66 percent in the four-year average (2013-2016) since Colorado legalized recreational marijuana compared to the four-year average (2009-2012) prior to legalization. o During the same time period, all traffic deaths increased 16 percent. Executive Summary P a g e 11 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 • In 2009, Colorado marijuana-related traffic deaths involving drivers testing positive for marijuana represented 9 percent of all traffic deaths. By 2016, that number has more than doubled to 20 percent. Section 2—Youth Marijuana Use: • Youth past month marijuana use increased 12 percent in the three-year average (2013-2015) since Colorado legalized recreational marijuana compared to the three-year average prior to legalization (2010-2012). • The latest 2014/2015 results show Colorado youth ranked #1 in the nation for past month marijuana use, up from #4 in 2011/2012 and #14 in 2005/2006. • Colorado youth past month marijuana use for 2014/2015 was 55 percent higher than the national average compared to 39 percent higher in 2011/2012. Section 3 —Adult Marijuana Use: • College age past month marijuana use increased 16 percent in the three-year average (2013-2015) since Colorado legalized recreational marijuana compared to the three-year average prior to legalization (2010-2012). • The latest 2014/2015 results show Colorado college-age adults ranked #2 in the nation for past-month marijuana use, up from #3 in 2011/2012 and #8 in 2005/2006. • Colorado college age past month marijuana use for 2014/2015 was 61 percent higher than the national average compared to 42 percent higher in 2011/2012. • Adult past-month marijuana use increased 71 percent in the three-year average (2013-2015) since Colorado legalized recreational marijuana compared to the three-year average prior to legalization (2010-2012). • The latest 2014/2015 results show Colorado adults ranked #1 in the nation for past month marijuana use, up from #7 in 2011/2012 and #8 in 2005/2006. • Colorado adult past month marijuana use for 2014/2015 was 124 percent higher than the national average compared to 51 percent higher in 2011/2012. Executive Summary P a g e 12 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Section 4—Emergency Department and Hospital Marijuana-Related Admissions: • The yearly rate of emergency department visits related to marijuana increased 35 percent after the legalization of recreational marijuana (2011-2012 vs. 2013-2015). • Number of hospitalizations related to marijuana: o 2011 —6,305 o 2012-6,715 o 2013— 8,272 o 2014—11,439 o Jan-Sept 2015—10,901 • The yearly number of marijuana-related hospitalizations increased 72 percent after the legalization of recreational marijuana (2009-2012 vs. 2013-2015). Section 5—Marijuana-Related Exposure: • Marijuana-related exposures increased 139 percent in the four-year average (2013-2016) since Colorado legalized recreational marijuana compared to the four-year average (2009-2012) prior to legalization. • Marijuana-Only exposures more than doubled (increased 210 percent) in the four-year average (2013-2016) since Colorado legalized recreational marijuana compared to the four-year average (2009-2012) prior to legalization. Section 6—Treatment: • Marijuana treatment data from Colorado in years 2006—2016 does not appear to demonstrate a definitive trend. Colorado averages 6,683 treatment admissions annually for marijuana abuse. • Over the last ten years, the top four drugs involved in treatment admissions were alcohol (average 13,551), marijuana (average 6,712), methamphetamine (average 5,578), and heroin (average 3,024). Executive Summary Page 13 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Section 7-Diversion of Colorado Marijuana: • In 2016, RMHIDTA Colorado drug task forces completed 163 investigations of individuals or organizations involved in illegally selling Colorado marijuana both in and out of state. o These cases led to: • 252 felony arrests • 7,116 (3.5 tons) pounds of marijuana seized • 47,108 marijuana plants seized • 2,111 marijuana edibles seized • 232 pounds of concentrate seized • 29 different states to which marijuana was destined • Highway interdiction seizures of Colorado marijuana increased 43 percent in the four-year average (2013-2016) since Colorado legalized recreational marijuana compared to the four-year average (2009-2012) prior to legalization. • Of the 346 highway interdiction seizures in 2016, there were 36 different states destined to receive marijuana from Colorado. o The most common destinations identified were Illinois, Missouri, Texas, Kansas and Florida. Section 8-Diversii i n by Parcel: • Seizures of Colorado marijuana in the U.S. mail has increased 844 percent from an average of 52 parcels (2009-2012) to 491 parcels (2013-2016) in the four-year average that recreational marijuana has been legal. • Seizures of Colorado marijuana in the U.S. mail has increased 914 percent from an average of 97 pounds (2009-2012) to 984 pounds (2013-2016) in the four-year average that recreational marijuana has been legal. Executive Summary Page 14 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Section 9—Related Data: • Crime in Denver increased 6 percent from 2014 to 2016 and crime in Colorado increased 11 percent from 2013 to 2016. • Colorado annual tax revenue from the sale of recreational and medical marijuana was 0.8 percent of Colorado's total statewide budget (FY 2016). • As of June 2017, there were 491 retail marijuana stores in the state of Colorado compared to 392 Starbucks and 208 McDonald's. • 66 percent of local jurisdictions have banned medical and recreational marijuana businesses. Section 10—Reference Materials: This section lists various studies and reports regarding marijuana. THERE IS MUCH MORE DATA IN EACH OF THE TEN SECTIONS. THIS PUBLICATION MAY BE FOUND ON THE ROCKY MOUNTAIN HIDTA WEBSITE;GO TO WWW.RMHIDTA.ORG AND SELECT REPORTS. Executive Summary Page 15 .1 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 THIS PAGE INTENTIONALLY LEFT BLANK Executive Summary Page 16 • The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Introduction Purpose The purpose of this annual report is to document the impact of the legalization of marijuana for medical and recreational use in Colorado. Colorado serves as an experimental lab for the nation to determine the impact of legalizing marijuana. This is an important opportunity to gather and examine meaningful data and identify trends. Citizens and policymakers nationwide may want to delay any decisions on this important issue until there is sufficient and accurate data to make informed decisions. The Debate There is an ongoing debate in this country concerning the impact of legalizing marijuana. Those in favor argue that the benefits of removing prohibition far outweigh the potential negative consequences. Some of the cited benefits include: • Eliminate arrests for possession and sale, resulting in fewer people with criminal records and a reduction in the prison population • Free up law enforcement resources to target more serious and violent criminals • Reduce traffic fatalities since users will switch from alcohol to marijuana, which does not impair driving to the same degree • No increase in use, even among youth,because of strict regulations • Added revenue generated through taxation • Eliminate the black market Those opposed to legalizing marijuana argue that the potential benefits of lifting prohibition pale in comparison to the adverse consequences. Some of the cited consequences include: • Increase in marijuana use among youth and young adults • Increase in marijuana-impaired driving fatalities • Rise in number of marijuana-addicted users in treatment • Diversion of marijuana Introduction Page 17 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 • Adverse impact and cost of the physical and mental health damage caused by marijuana use • The economic cost to society will far outweigh any potential revenue generated Background As of 2016, a number of states have enacted varying degrees of legalized marijuana by permitting medical marijuana and eight permitting recreational marijuana. In 2010, legislation was passed in Colorado that included the licensing of medical marijuana centers (dispensaries), cultivation operations, and manufacturing of marijuana edibles for medical purposes. In November 2012, Colorado voters legalized recreational marijuana allowing individuals to use and possess an ounce of marijuana and grow up to six plants. The amendment also permits licensing marijuana retail stores, cultivation operations, marijuana edible manufacturers, and testing facilities. Washington voters passed a similar measure in 2012. Preface It is important to note that, for purposes of the debate on legalizing marijuana in Colorado, there are three distinct timeframes to consider: the early medical marijuana era (2000-2008), the medical marijuana commercialization era (2009—current) and the recreational marijuana era (2013—current). • 2000-2008: In November 2000, Colorado voters passed Amendment 20 which permitted a qualifying patient, and/or caregiver of a patient, to possess up to 2 ounces of marijuana and grow 6 marijuana plants for medical purposes. During that time there were between 1,000 and 4,800 medical marijuana cardholders and no known dispensaries operating in the state. • 2009—Current: Beginning in 2009 due to a number of events, marijuana became de facto legalized through the commercialization of the medical marijuana industry. By the end of 2012, there were over 100,000 medical marijuana cardholders and 500 licensed dispensaries operating in Colorado. There were also licensed cultivation operations and edible manufacturers. Introduction Page 18 • The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 • 2013-Current: In November 2012, Colorado voters passed Constitutional Amendment 64 which legalized marijuana for recreational purposes for anyone over the age of 21. The amendment also allowed for licensed marijuana retail stores, cultivation operations and edible manufacturers. Retail marijuana businesses became operational January 1, 2014. Colorado's History with Marijuana Legalization Medical Marijuana 2000-2008 In November 2000, Colorado voters passed Amendment 20 which permitted a qualifying patient and/or caregiver of a patient to possess up to 2 ounces of marijuana and grow 6 marijuana plants for medical purposes. Amendment 20 provided identification cards for individuals with a doctor's recommendation to use marijuana for a debilitating medical condition. The system was managed by the Colorado Department of Public Health and Environment (CDPHE), which issued identification cards to patients based on a doctor's recommendation. The department began accepting applications from patients in June 2001. From 2001 -2008, there were only 5,993 patient applications received and only 55 percent of those designated a primary caregiver. During that time, the average was three patients per caregiver and there were no known retail stores selling medical marijuana (dispensaries). Dispensaries were not an issue because CDPHE regulations limited a caregiver to no more than five patients. In late 2007, a Denver district judge ruled that CDPHE violated the state's open meeting requirement when it set a five-patient-to-one-caregiver ratio and overturned the rule. That opened the door for caregivers to claim an unlimited number of patients for whom they were providing and growing marijuana. Although this decision expanded the parameters, very few initially began operating medical marijuana commercial operations (dispensaries) in fear of prosecution, particularly from the federal government. The judge's ruling, and caregivers expanding their patient base, created significant problems for local prosecutors seeking a conviction for marijuana distribution by caregivers. Many jurisdictions ceased or limited filing those types of cases. Introduction Page 19 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Medical Marijuana Commercialization and Expansion 2009 — Present The dynamics surrounding medical marijuana in Colorado began to change substantially after the Denver judge's ruling in late 2007, as well as several incidents beginning in early 2009. All of these combined factors played a role in the explosion of the medical marijuana industry and number of patients: At a press conference in Santa Ana, California on February 25, 2009,U.S. Attorney General Eric Holder was asked whether raids in California on medical marijuana dispensaries would continue. He responded "No" and referenced the President's campaign promise related to medical marijuana. In mid-March 2009, the U.S. Attorney General clarified the position saying that the Department of Justice enforcement policy would be restricted to traffickers who falsely masqueraded as medical dispensaries and used medical marijuana laws as a shield. Beginning in the spring of 2009, Colorado experienced an explosion to over 20,000 new medical marijuana patient applications and the emergence of over 250 medical marijuana dispensaries (allowed to operate as "caregivers"). One dispensary owner claimed to be a primary caregiver to 1,200 patients. Government took little or no action against these commercial operations. In July 2009, the Colorado Board of Health, after public hearings, voted to keep the judge's ruling of not limiting the number of patients a single caregiver could have. They also voted to change the definition of a caregiver to a person that only had to provide medicine to patients,nothing more. On October 19, 2009, U.S. Deputy Attorney General David Ogden provided guidelines for U.S. Attorneys in states that enacted medical marijuana laws. The memo advised to "Not focus federal resources in your state on individuals whose actions are in clear and unambiguous compliance with existing state law providing for the medical use of marijuana." By the end of 2009,new patient applications jumped from around 6,000 for the first seven years to an additional 38,000 in just one year. Actual cardholders went from 4,800 in 2008 to 41,000 in 2009. By mid-2010, there were over 900 unlicensed marijuana dispensaries identified by law enforcement. In 2010, law enforcement sought legislation to ban dispensaries and reinstate the one-to-five ratio of caregiver to patient as the model. However, in 2010 the Colorado Introduction Page 1 10 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Legislature passed HB-1284 which legalized medical marijuana centers (dispensaries), marijuana cultivation operations, and manufacturers for marijuana edible products. By 2012, there were 532 licensed dispensaries in Colorado and over 108,000 registered patients, 94 percent of which qualified for a card because of severe pain. Recreational Marijuana 2013 — Present In November of 2012, Colorado voters passed Amendment 64 which legalized marijuana for recreational use. Amendment 64 allows individuals 21 years or older to grow up to six plants, possess/use 1 ounce or less, and furnish an ounce or less of marijuana if not for the purpose of remuneration. Amendment 64 permits marijuana retail stores, marijuana cultivation sites, marijuana edible manufacturers and marijuana testing sites. The first retail marijuana businesses were licensed and operational in January of 2014. Some individuals have established private cannabis clubs, formed co ops for large marijuana grow operations, and/or supplied marijuana for no fee other than donations. What has been the impact of commercialized medical marijuana and legalized recreational marijuana on Colorado? Review the report and you decide. DA' WI'Ica.—PR RE— ' _ W D L MA4t- MA J - 0 tea ED AND-4 FTER E IEC - I.MARIJUANAME g , `ALS • MULTI= e R COMPARISONSA £I 'GEN-, GENERALLY �ItINDICATORS OF TRENDS. i �,.y 5 FLUCJAW-146 G� , NECESS�LYREFLECTA NEWTREND. AGECOMPARISONS ' °NI E "Fa ,T- - l' NUMBER.T T HAN ADDED TO PHS ERE CALCULATED AND AD ,RT-ROCKY L-- € �E , ., I� A I "'ISTD s , e ' g z m t� I Y- Introduction Page 111 J • The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 THIS PAGE INTENTIONALLY LEFT BLANK Introduction Page 112 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 SECTION 1 : Impaired Driving and Fatalities Some Findings • Marijuana-related traffic deaths when a driver tested positive for marijuana more than doubled from 55 deaths in 2013 to 123 deaths in 2016. • Marijuana-related traffic deaths increased 66 percent in the four-year average (2013-2016) since Colorado legalized recreational marijuana compared to the four-year average (2009-2012) prior to legalization. o During the same time period, all traffic deaths increased 16 percent. • In 2009, Colorado marijuana-related traffic deaths involving drivers testing positive for marijuana represented 9 percent of all traffic deaths. By 2016, that number has more than doubled to 20 percent. • Consistent with the past, in 2016, less than half of drivers (44 percent) or operators (48 percent) involved in traffic deaths were tested for drug impairment. • The number of toxicology screens positive for marijuana (primarily DUID) increased 63 percent in the four-year average (2013-2016) since Colorado legalized recreational marijuana compared to the four-year average (2009-2012) prior to legalization. • The 2016 Colorado State Patrol DUID Program data includes: o 76 percent (767) of the 1004 DUIDs involved marijuana. o 38 percent (385) of the 1004 DUIDs involved marijuana only. SECTION 2: Youth Marijuana Use Page 113 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Differences in Data Citations The Denver Post article "Exclusive: Traffic fatalities linked to marijuana are up sharply in Colorado. Is legalization to blame?" cited the number of drivers identified in fatal crashes who tested positive for marijuana. There were 47 positive drivers in 2013 and 115 positive drivers in 2016, which represents a 145 percent increase. RMHIDTA cites the number of fatalities when a driver tested positive for marijuana. There were 55 fatalities in 2014 and 123 fatalities in 2016 when a driver was positive for marijuana, which represents a 124 percent increase. There have been some fatality numbers for"cannabinoid positive drivers" cited that use slightly higher figures than those used by RMHIDTA. After careful analysis of complete data obtained from CDOT, RMHIDTA is confident the numbers cited in this report are accurate. Definitions by Rocky Mountain HIDTA Driving Under the Influence of Drugs (DUID): DUID could include alcohol in combination with drugs. This is an important measurement since the driver's ability to operate a vehicle was sufficiently impaired that it brought his or her driving to the attention of law enforcement. The erratic driving and the subsequent evidence that the subject was under the influence of marijuana helps confirm the causation factor. Marijuana-Related: Also called "marijuana mentions," is any time marijuana shows up in the toxicology report. It could be marijuana only or marijuana with other drugs and/or alcohol. Marijuana Only: When toxicology results show marijuana and no other drugs or alcohol. Fatalities: Any death resulting from a traffic crash involving a motor vehicle. Operators: Anyone in control of their own movements such as a driver, pedestrian or bicyclist. Drivers: An occupant who is in physical control of a transport vehicle. For an out-of- control vehicle, an occupant who was in control until control was lost. Personal Conveyance: Non-motorized transport devices such as skateboards, wheelchairs (including motorized wheelchairs), tricycles, foot scooters, and Segways. These are more or less non-street legal transport devices. SECTION 2: Youth Marijuana Use Page 114 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Data for Traffic Deaths NOTE: • THE DATA FOR 2012 THROUGH 2015 WAS OBTAINED FROM THE COLORADO DEPARTMENT OF TRANSPORTATION(CDOT). CDOT AND RMHIDTA CONTACTED CORONER OFFICES AND LAW ENFORCEMENT AGENCIES INVESTIGATING FATALITIES TO OBTAIN TOXICOLOGY REPORTS. THIS REPRESENTS 100 PERCENT REPORTING. PRIOR YEAR(S)MAY HAVE HAD LESS THAN 100 PERCENT REPORTING TO THE COLORADO DEPARTMENT OF TRANSPORTATION, AND SUBSEQUENTLY THE FATALITY ANALYSIS REPORTING SYSTEM(FARS). ANALYSIS OF DATA WAS CONDUCT I LI)BY ROCKY MOUNTAIN HIDTA. • 2016 FARS DATA WILL NOT BE OFFICIAL UNTIL JANUARY 2018. Total Number of Statewide Traffic Deaths 800 700 608 600 733 554 548 547 ate, 500 465 4So 447 472 481 488 • 400 v o 300 200 100 0 i ' 7 , 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 SOURCE: National Highway Traffic Safety Administration,Fatality Analysis Reporting System(FARS) and Colorado Department of Transportation ❖ In 2016 there were a total of 608 traffic deaths of which: o 390 were drivers o 116 were passengers o 79 were pedestrians o 16 were bicyclists o 5 were in personal conveyance o 2 had an unknown position in the vehicle SECTION 2: Youth Marijuana Use Page 115 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Traffic Deaths Related to Marijuana my When a DRIVER Tested Positive for Marijuana Total Statewide Fatalities with Percentage Total Crash Year Fatalities Drivers Testing Positive Fatalities for Marijuana 2006 535 33 6.17% 2007 _ 554 32 5.78% 2008 548 36 6.57% 2009 465 41 8.82% 2010 450 46 10.22% 2011 447 58 12.98% 2012 472 65 13.77% 2013 481 55 11.43% 2014 488 75 15.37% 2015 547 98 17.92% 2016 608 123 20.23% SOURCE: National Highway Traffic Safety Administration,Fatality Analysis Reporting System(FARS), 2006-2011 and Colorado Department of Transportation 2012-2016 ❖ In 2016 there were a total of 123 marijuana-related traffic deaths when a driver tested positive for marijuana. Of which: o 100 were drivers o 19 were passengers a 2 were pedestrians o 2 were bicyclists ❖ "In 2016, of the 115 drivers in fatal wrecks who tested positive for marijuana use, 71 were found to have Delta 9 tetrahydrocannabinol, or THC, the psychoactive ingredient in marijuana, in their blood, indicating use within hours, according to state data. Of those, 63 percent were over 5 nanograms per milliliter,the state's limit for driving." 1 SECTION 2: Youth Marijuana Use Page 1 16 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Traffic Deaths Related to Marijuana when a Driver Tested Positive for Marijuana 140 123 120 Legalization Commercialization 98 .4 100 Q 80 75 65 0 58 t 60 46_._ 55 41 0 40 33_ _ 32 36 Z 20 0 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 SOURCE: National Highway Traffic Safety Administration,Fatality Analysis Reporting System(FARS), 2006-2011 and Colorado Department of Transportation 2012-2016 Percent of All Traffic Deaths that were Marijuana-Related when a Driver Tested Positive for Marijuana 25.00% Legalization 20.23% 20.00% I 17.92% i Commercialization 15.37% Q15.00% 12.98%13.77% 11.43°/ 0 10.22% G 10.00% 8.82% 0 6.17% 5.78% 6.57% P 5.00% 0.00% 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 SOURCE: National Highway Traffic Safety Administration,Fatality Analysis Reporting System(FARS), 2006-2011 and Colorado Department of Transportation 2012-2016 SECTION 2: Youth Marijuana Use Page 117 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Average Number of Traffic Deaths Related to Marijuana when a Driver Tested Positive for Marijuana 88 100 Ej 80 Q ' 53 Z 60 34 40 20 :.. 0 56°o Increase .y1 66%Increase 2006-2008 2009-2012 2013-2016 Pre-Cc.)nunercialization Post-Commercialization Legalization SOURCE: National Highway Traffic Safety Administration,Fatality Analysis Reporting System(FARS), 2006-2011 and Colorado Department of Transportation 2012-2016 Drug Combinations for Drivers who Tested Positive for Marijuana*, 2016 21°c Marijuana Only 7°o ■Marijuana and Alcohol 36°° I Marijuana and Other Drugs (No Alcohol) j 36°° U Marijuana, Other Drugs and Alcohol *Toxicology results for all substances present in individuals who tested positive for marijuana SOURCE: National Highway Traffic Safety Administration,Fatality Analysis Reporting System(FARS), 2006-2011 and Colorado Department of Transportation 2012-2016 SECTION 2: Youth Marijuana Use Page 1 18 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Traffic Deaths Related to Marijuana* When an OPERATOR Tested Positive for Marijuana Total Statewide Fatalities with Percent of Total Crash Year Fatalities Operators Testing Fatalities Positive for Marijuana 2006 535 37 6.92% 2007 554 39 7.04% 2008 548 43 7.85% 2009 465 47 10.10% 2010 450 49 10.89% 2011 447 63 14.09% 2012 472 78 16.53% 2013 481 71 14.76% 2014 488 94 19.26% 2015 547 115 21.02% 2016 608 147 24.18% SOURCE: National Highway Traffic Safety Administration,Fatality Analysis Reporting System(FARS), 2006-2011 and Colorado Department of Transportation 2012-2016 ❖ In 2016 there were a total of 147 marijuana-related traffic deaths of which: o 100 were drivers o 19 were passengers o 21 were pedestrians o 7 were bicyclists SECTION 2: Youth Marijuana Use Page 1 19 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Traffic Deaths Related to Marijuana when an Operator Tested Positive for Marijuana 160 147 140 115 120 4 v 100 Commercialization 94 — 78 0 80 71 Clt 'S7 63 41 60 43 47 49 o 37 39 40 20 Legalization 0 I I , , , I I , , 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 SOURCE: National Highway Traffic Safety Administration,Fatality Analysis Reporting System(FARS), 2006-2011 and Colorado Department of Transportation 2012-2016 Percent of All Traffic Deaths that were Marijuana-Related when an Operator Tested Positive for Marijuana 30.00% Commercialization 25.00% 24.18% 21.02% 19.26% C) 20.00% 16.53% 14.09% 14.76°/ o 15.00% v 10.10%10.89% p, 10.00% 6.92% 7.04% ° 5.00% Legalization 0.00% , I , I , , I , , 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 SOURCE: National.Highway Traffic Safety Administration,Fatality Analysis Reporting System(FARS), 2006-2011 and Colorado Department of Transportation 2012-2016 SECTION 2: Youth Marijuana Use Page 120 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Average Number of Traffic Deaths Related to Marijuana when an Operator Tested Positive for Marijuana 107 IIII 120 a 100 .0 5 80 59 41 cll 60 tA a, 40 d_ s _ :' . 0 2006-2008 2009 2012 2013 2016 Pre Commercialization Post Commercialization Legalization SOURCE: National Highway Traffic Safety Administration,Fatality Analysis Reporting System(FARS), 2006-2011 and Colorado Department of Transportation 2012-2016 Drug Combinations for Operators who Tested Positive for Marijuana*, 2016 23°0 . , Marijuana Only 7 ■Marijuana and Alcohol 35°° -, marijuana and Other Drugs 35 (No Alcohol) ■Marijuana,Other Drugs and fi,. Alcohol *Toxicology results for all substances present in individuals who tested positive for marijuana SOURCE: National Highway Traffic Safety Administration,Fatality Analysis Reporting System(FARS), 2006-2011 and Colorado Department of Transportation 2012-2016 Page I21 SECTION 2: Youth Marijuana Use The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Data for Impaired Driving NOTE: IF SOMEONE IS DRIVING INTOXICATED FROM ALCOHOL AND UNDER THE INFLUENCE OF ANY OTHER DRUG(INCLUDING MARIJUANA),ALCOHOL IS ALMOST ALWAYS THE ONLY INTO OCANT TESTED FOR.WHETHER OR NOT HE OR SHE IS POSITIVE FOR OTHER DRUGS WI!..L-REMAIN UNKNOWN BECAUSE OTHER DRUGS ARE NOT OFTEN TESTED. Number of Positive Cannabinoid Screens ■CDPHE and ChemaTox* ■ChemaTox 0 CBI** 3,500 3,000 522 ,395 04) 2,500cfp , 1 2,000 1 I I U 1 1500 I 2,39212,430 ,2,513 12,8531 pi 11,000 1,629 , 1 It 034 500 78; I I 1 1 1 1 2009 2010 2011 2012 2013 2014 2015 2016 *Data from the Colorado Department of Public Health and Environment was merged with ChemaTox data from 2009 to 2013. CDPHE discontinued testing in July 2013. **The Colorado Bureau of Investigation began toxicology operations in July 1,2015. SOURCE: Colorado Bureau of Investigation and Rocky Mountain HIDTA ❖ The above graph is Rocky Mountain HIDTA's conversion of the following ChemaTox data as well as data from the Colorado Bureau of Investigation's state laboratory. NOTE: THE ABOVE;GRAPHS INCLUDE DATA FROM CHEMATOX LABORATORY WHICH WAS MERGED IA'i FM DATA SUPPLIED BY COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNII'NNT-TOXICOLOGY LABORATORY. THE VAST MAJORITY OF THE SCREENS ARE DUID ;UBMISSIONS FROM COLORADO LAW ENFORCEMENT. NOTE: COLORAD+:.1 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT DISCONTINUED TESTING IN JULY 2013. THE COLORADO BUREAU OF INVESTIGATION BEGAN TESTING ON JULY 1, ;'01 5. SECTION 2: Youth Marijuana Use Page 122 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 ChemaTox and Colorado Department of Public Health and Environment (Data Combined 2009-2013) Trends in Cannabinoid Screens&THC Confirmations in Colorado 2009-2014 5000 +Cannatrinoid screens .00 A263 4333 4371. a Positive Screens 3%positive of total) is 3987 ;.. a Positive THC 2 ng/ml.or higher '2014 THC 1 ng/ml or higher-3%of posscreens with TNC confirmed) ism 2309 65% 57% 58% 2500 .__ _.. 59% ;.$ : r.. *81• 16 MOO 1514 63% 52% 49% dpn 52% 3816 1111 11 sw 2896 d 2009 2010 2011 2012 2013 2014 Data from ChemaTaa laboratory was merged with data•uppl.ed by Colorado Department of Puble Health and Emeoment.•Tpakology Laboratory for 2009-2013 'Due to a change et data collection the conflrmatwn cutoff for Pasture THC changed from 2 ngfmt 12009-2013)10 1 ngjml(2014).Based on avel.a/o data H estrmated'18%of cases would tali between I and 2 neort resulting.n an estimated cr?",Povtive THC at or above 2 ngjmt ht 2014. SOURCE: Sarah Urfer,M.S.,D-ABFT-FT;ChemaTox Laboratory ChemaTox Data Only (2013-August 2017) Trends in Cannabinoid Screens&THC Confirmations in Colorado tested by ChemaTox 2013-August 2017* using ing/ml THC LOD Graph 2 of 2 •Cannabinoid screens 5000 4500 4371 •Positive Screens(%positive of total) •Positive THC 1 ng/mL or higher(%of 4000 - - - 3798 pos.screens with THC confirmed) 3500 3208 3000 2893 65%. 2500 81%- 63% 2399 . _.... 85% 63% 2000 6046 _.. _.._ 60% 1500Hi 81% lb 1000 500 _.. O 2013 2014 2015 2016 2017 ChemaTox Data Only.Limit of Detection(LOD)for THC confirmation 1.ng/mL *2017 data Jan-August. SOURCE: Sarah Urfer,M.D.,D-ABFT-FT,ChemaTox Laboratory SECTION 2: Youth Marijuana Use Page 123 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Colorado State Patrol Number of Drivers Under the Influence of Drugs (DUIDs) 2014 2015 ■2016 1200 0 1004 „, 1000 874 842 '5 0-1 767 Q 800 674 641 0 .a 600 Z , 354 385 33 400 y 200 0 Marijuana Only Involving Marijuna All DUIDs SOURCE: Colorado State Patrol,CSP Citations for Drug Impairment by Drug Type ❖ In 2016, 76 percent of total DUIDs involved marijuana and 38 percent of total DUIDs involved marijuana only SECTION 2: Youth Marijuana Use Page 124 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 MarijAlluanaDUI asand a DUIDsPercent of ' 17.2% 18.0% 13.4% 16.0% �� .._„, ..,. ,c 12.2% 14.0% d 12.0°/O 10.0% ,"� Z-. ('-moi 8.0% 6.0% 4.0% 2.0% A 40 0.0% 2014 2015 2016 *Driving Under the Influence of Alcohol and Driving Under the Influence of Drugs SOURCE: Colorado State Patrol,CSP Citations for Drug Impairment by Drug Type ❖ In 2016, Colorado State Patrol made about 300 fewer DUI and DUID cases than in 2015. ■ However, marijuana made up 17 percent of the total in 2016 compared to 13 percent of the total in 2015 and 12 percent of the total in 2014. NOTE. "MARIJUANA CITATIONS DEFINED AS ANY CITATION WHERE CONTACT WAS CITED FOR DRIVING UNDER THE INFLUENCE DUI)OR DRIVING WHILE ABILITY IMPAIRED (DWAI)AND MARIJUANA INFORMATION WAS FILLED OUT ON TRAFFIC STOP FORM INDICATING MARIJUANA&ALCOHOL,MARIJUANA&OTHER CONTROLLED SUBSTANCES,OR MARIJUANA ONLY PRESENT BASED ON OFFICER OPINION ONLY(NO' TOXICOLOGICAL CONFIRMATION)."-COLORADO STATE PATROL Page I25 SECTION 2: Youth Marijuana Use The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Denver Police Department Percent of DUIDs Involving Marijuana 55% 60% 52% 49% 50% 37% p 40% to . 01n 30% I � 20% I u a) 10% 0% ..., 2013 2014 2015 2016 SOURCE: Denver Police Department,Traffic Operations Bureau via Data Analysis Unit Larimer County Sheriff's Office Percent of DUIDs Involving Marijuana 63% 64% 62% 60% 60% 57% 0 58% 0. 55%, 56% r 54% I la I 11111 111111 1111 52% r 17 50% �.x h l 2013 2014 2015 2016 SOURCE: Larimer County Sheriff's Office,Records Section SECTION 2: Youth Marijuana Use Page 126 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Total Number of Traffic Accidents in Colorado 160,000 140,000 124,846 120,700 120,000 111,899 101,627 100,994 100,000 117,778 115,455 104,748 99,011 100,832 0 80,000 E 60,000 Z 40,000 20,000 0 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 SOURCE: Colorado Department of Transportation(CDOT) ❖ Per CDOT, the total number of traffic accidents in Colorado for 2016 was not available at the time of this report's publication. NOTE: ROCKY MOUNTAIN HIDTA HAS BEEN ASKED ABOUT THE TOTAL NUMBER OF TRAFFIC ACCIDENTSSEEN IN COLORADO SINCE LEGALIZATION AND IS, THEREFORE,PROVIDING THE DATA. ROCKY MOUNTAIN HIDTA IS'NOT EQUATING ALL TRAFFIC ACCIDENTS WITH MARIJUANA LEGALIZATION. Related Costs Economic Cost of Vehicle Accidents Resulting in Fatalities: According to the National Highway Traffic Safety Administration report, The Economic and Societal Impact of Motor Vehicles Crashes, 2010, the total economic costs for a vehicle fatality is $1,398,916. That includes property damage, medical, insurance, productivity, among other considerations. ' Cost of Driving Under the Influence: The cost associated with the first driving-under- the-influence (DUI) offense is estimated at $10,270. Costs associated with a DUID (driving-under-the-influence-of-drugs) are very similar to those of a DUI/alcohol. SECTION 2: Youth Marijuana Use Page 127 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Case Examples Traffic Fatalities Linked to Marijuana are up Sharply in Colorado: Since the legalization of recreational marijuana, the number of fatal accidents involving drivers who tested positive for marijuana has "increased at a quicker rate than the increase of pot usage in Colorado since 2013." Many family members and loved ones of victims involved in these fatal accidents are speaking out about the inability for authorities to properly test for impairment. "'I never understood how we'd pass a law without first understanding the impact better,' said Barbara Deckert, whose fiancée, Ron Edwards, was killed in 2015 in a collision with a driver who tested positive for marijuana use below the legal limit and charged only with careless driving. 'How do we let that happen without having our ducks in a row? And people are dying."' On January 13, 2016 just past 2 a.m., "Cody Gray, 19, and his running buddy,Jordan Aerts, 18, were joyriding around north Denver in a car they had stolen a few hours earlier. Ripping south along Franklin Street, where it curves hard to the right onto National Western Drive, Gray lost control, drove through a fence and went straight onto the bordering railroad tracks. The car rolled and Gray was ejected. Both died." Corina Triffet, mother of Cody Gray, did not know that an autopsy done revealed that her son had 10ng/mL, twice the legal limit, of THC in his system when he died, until the Denver Post contacted her. "There's just no limit on what they can take, whether it's smoking it or edibles," said Triffet and "I just can't imagine people are getting out there to drive when they're on it. But my son apparently did, and there it is." Too little is understood about how marijuana impairs a person's ability to operate a vehicle. Due to this lack of understanding the Denver Post stated, "Even coroners who occasionally test for the drug bicker over whether to include pot on a driver's death certificate." "'No one's really sure of the broad impact because not all the drivers are tested,yet people are dying,' said Montrose County Coroner Dr. Thomas Canfield. 'It's this false science that marijuana is harmless, ... but it's not, particularly when you know what it does to your time and depth perception, and the ability to understand and be attentive to what's around you.'" SECTION 2: Youth Marijuana Use Page 128 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Colorado now mandates that traffic fatalities within the state be analyzed to see what role drugs played in the crashes. State police are re-analyzing samples from suspected drunk drivers in 2015 and a Denver Post source stated, "more than three in five also tested positive for active THC." However, testing remains expensive and most departments will stop testing when a driver tests positive for alcohol impairment. 1 20-Year-Old Colorado Man Kills 8-Year-Old Girl While Driving High: A former star athlete at Mead High School accused of fatally running over an 8-year-old Longmont girl on her bike told police he thought he'd hit the curb — until he saw the girl's stepfather waving at him, according to an arrest affidavit released July 29, 2016. Kyle Kenneth Couch, 20, turned right on a red light at the same time Peyton Knowlton rolled into the crosswalk on May 20, 2016. The girl was crushed by the rear right tire of the Ford F-250 pickup, and died from her injuries. Couch, of Longmont, surrendered to police Friday on an arrest warrant that included charges of vehicular homicide and driving under the influence of drugs. One blood sample collected more than two hours after the collision tested positive for cannabinoids, finding 1.5 nanograms of THC per milliliter of blood. That's below Colorado's legal limit of 5 nanograms per milliliter. But Deputy Police Chief Jeff Satur said the law allows the DUI charge when those test results are combined with officer observations of impaired behavior and marijuana evidence found inside Couch's pickup. The presumptive sentencing range for vehicular homicide, a Class 3 felony, is four to 12 years in prison. Couch attends Colorado Mesa University where, in 2015, he appeared in six games as a linebacker as a red shirt freshman for the football team. In 2013, Couch became the first athlete from Mead High School to win a state title when he captured the Class 4A wrestling championship at 182 pounds. He was named the Times-Call's Wrestler of the Year that season and was able to defend his crown a year later, winning the 4A title at 195 pounds to cap his senior season with a 49-1 record. Couch, now 20,has been arrested on suspicion of vehicular homicide and driving under the influence of marijuana in connection with the death of 8-year-old Peyton Knowlton. 4 Valedictorian and Friends Die in Fatal Crash after Using Marijuana:An 18 year old recent valedictorian of St.John's Military School,Jacob Whitting, was driving his truck with his friends when he "lost control and ran off the road, rolling down an embankment and into a creek." Whitting, along with 2 of the 3 other passengers, ages 16 and 19, died in the crash. According to the toxicology report, all three deceased teenagers had taken Xanax and marijuana. Whitting's toxicology "recorded THC levels at higher than 5 nanograms or more of active THC (delta-9 tetrahydrocannabinol) per milliliter of blood, which under Colorado law is considered impaired while driving." 5 SECTION 2: Youth Marijuana Use Page 129 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Man Killed, Woman and Two Children Injured after Vehicle Careens off I-76: Anthony Griego, 28, "was driving very aggressively and speeding, and had been trying to pass a semi-truck using the shoulder when he lost control," according to Colorado State Patrol,just before 7 a.m. on December 27, 2016. "Troopers say Griego lost control, blew thought a guardrail, went airborne and flipped the truck nearly 20 feet down onto the road below." Both Griego and the adult female passenger were not wearing seatbelts and were ejected from the vehicle. Griego died at the scene. The female passenger suffered a shattered pelvis,broke her spine in three places, and was in a coma. The two children passengers, 7 year-old Jazlynn, had a punctured lung and, 6 year-old Alexis,had a fractured skull and broken collar bone. An autopsy of Griego showed he had 19ng/mL of THC in his system at the time of the crash. That is nearly 4 times the legal limit. 6'7 "I fell asleep" Boulder Teen Pleads Guilty to Vehicular Homicide: Quinn Hefferan faces up to two years in the Colorado Department of Youth Corrections for killing Stacy Reynolds (30) and Joe Ramas (39) on May 7th 2016. Hefferan, who was 17 years old at the time of the accident, told the judge he "had split a joint with his friends" and fell asleep at the wheel while trying to make his midnight curfew. Hefferan rear ended the couple "at speeds upwards of 45 miles per hour... police did not find any evidence the teen driver tried to brake before the crash." According to the toxicology report, he had 4 times the legal limit of THC in his system. Cassie Drew, a friend of the couple says, "It's not about resentment or getting back, or feeling angry. [Hefferan s] life is forever changed and we recognize that, we recognize how much this will impact him and his family." 8'9 Middle School Counselor Killed by High Driver as She Helped Fellow Motorist: On July 10, 2016, a counselor at Wolf Point Middle School, in Montana, was hit by a car and killed by an impaired driver in Colorado as she stopped to help another driver. The Jefferson County coroner in Colorado identified the woman as Jana Elliott, 56. She died of multiple blunt force trauma injuries. Elliott is identified as a counselor for the sixth grade in Montana. The driver who hit Elliott, identified as Curtis Blodgett, 24, is being charged with vehicular homicide for allegedly smoking marijuana prior to the crash, according to The Denver Post. Blodgett allegedly admitted he had smoked marijuana that day. Detectives are working to determine whether Blodgett was legally impaired at the time of the crash. "How much he had in his system and what he had in his system will determine whether additional charges could be filed," Lakewood Police Spokesman Steve Davis told The Post (subsequent testing revealed Blodgett had 4.8 ng/mL of THC in his system). SECTION 2: Youth Marijuana Use Page 130 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 According to the Lakewood Police Department Traffic Unit, Elliott was driving on US Highway 6 when a vehicle traveling in the left lane lost the bicycle it was carrying on its top. The driver of the vehicle stopped to retrieve the bike and Elliott stopped along the shoulder as well to help. After they retrieved the bicycle and were preparing to drive away, another vehicle rear ended Elliott's vehicle at a speed of 65 mph. Elliott was killed in the crash. 10 Suspected DUI Driver Runs A Red Light:On August 30th, 2017, at around 5:30 a.m. a driver in a Toyota 4Runner ran a red light and crashed into a public transit bus. Two people were injured in the crash. Police investigating the crash found "marijuana in the 4Runner and the crash is being investigated as a possible DUI for alcohol and marijuana." The typically busy intersection in Wheat Ridge, CO had to be closed down for several hours during rush hour. 11 For Further Information on Impaired Driving See Page 147 Sources 1 David Migoya, "Exclusive: Traffic fatalities linked to marijuana are up sharply in Colorado. Is legalization to blame?" The Denver Post, August 25th, 2017, <http://www.denverpost.com/2017/08/25/colorado-marijuana-traffic-fatalities/>, accessed August 25th, 2017. 2 National Center for Statistics and Analysis, "The Economic and Societal Impact Of Motor Vehicle Crashes," National Highway Traffic Safety Administration, Washington, DC, revised May 2015, <https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812013>, accessed August 31St, 2017. 3 Cost of a DUI brochure, <https://www.codot.gov/library/brochures/COSTDUI09.pdf/view>, accessed February 19, 2015. SECTION 2: Youth Marijuana Use Page 131 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 4 Amelia Arvesen, Times-Call,July 29, 2016, "Driver accused of killing Longmont girl riding bike thought he'd hit curb," <http://www.timescall.com/news/crime/ci_30185142/driver-accused-killing-longmont- girl-bike-thought-bed," accessed July 29, 2016. 5 Yesenia Robles, "Autopsy shows teens in fatal Conifer crash had traces of Xanax and marijuana in their system," The Denver Post, July 7th 2016, <http://www.denverpost.com/2016/07/07/teens-conifer-crash-traces-drugs-the/>, accessed August 28th, 2017. 6 Allison Sylte, "Man killed, woman and two children injured after vehicle careens off I-76," 9NEWS, December 27, 2016, <http://www.9news.com/traffic/man- killed-woman-and-two-children-injured-after-vehicle-careens-off-i-76/379100251>, accessed September 25, 2017. Macradee Aegerter, "CSP: Driver who went off elevated section of 1-76 may have been high," FOX31 Denver, December 28, 2016, <http://kdvr.com/2016/12/28/csp- marijuana-may-have-been-contributing-factor-in-deadly-crash/>, accessed September 25, 2017. $ Michell Byars, "'I fell asleep': Boulder teen pleads guilty to vehicular homicide, DUI in crash that killed 2," The Daily Camera, December 16th, 2016, <http://www.dailycamera.com/news/boulder/ci_30665690/quinn-hefferan-boulder-fatal- crash-dui>, accessed August 23, 2017. 9 Lauren DiSpirito, "Teen Accused Of Being Stoned In Crash That Killed Boulder Couple," CBS Denver, June 11th 2016, <http://Denver.cbslocal.com/2016/06/11/stacey- reynolds-joe-rama-fatal-crash/>, accessed August 23rd, 2017. " Aja Goare, "Wolf Point school counselor killed by car while helping other driver in Colorado," KTVS.com, July 13, 2016, <http://www.ktvq.com/story/32440083/wolf-point-s chool-counselor-killed-by-car-while- helping-other-driver-in-colorado>, accessed July 13, 2016. " Chuck Hickey, "Police: Suspected DUI driver runs red light, crashed into RTD bus in Wheat Ridge," Fox 31 Denver, August 30th 2017, <http://kdvr.com/2017/08/30/rtd-bus-3-vehicles-involved-in-wheat-ridge-crash/>, accessed August 30th, 2017. SECTION 2: Youth Marijuana Use Page 132 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 SECTION 2: Youth Marijuana Use Some Findings • Youth past month marijuana use increased 12 percent in the three-year average (2013-2015) since Colorado legalized recreational marijuana compared to the three-year average prior to legalization (2010-2012). • The latest 2014/2015 results show Colorado youth ranked #1 in the nation for past month marijuana use, up from #4 in 2011/2012 and #14 in 2005/2006. • Colorado youth past month marijuana use for 2014/2015 was 55 percent higher than the national average compared to 39 percent higher in 2011/2012. • The top ten states with the highest rate of current marijuana youth use were all medical marijuana states, whereas the bottom ten were all non-medical- marijuana states. Surveys NOT Utilized Rocky Mountain HIDTA did not use the following datasets in this report because of the following reasons: Healthy Kids Colorado Survey (HKCS) The HKCS shows a 7.6 percent increase in student marijuana use from 2013 (19.7 percent) to 2015 (21.2 percent). According to a front page article in The Denver Post (June 21, 2016), the increase was not statistically significant and thus "Pot use among Colorado teens flat." In fact, The Denver Post released an editorial on June 22, 2016 titled "Colorado's good news on teen pot use." An analysis of the data paints a different picture of student marijuana use in Colorado. SECTION 2: Youth Marijuana Use Page 133 The Legalization of Marijuana in Colorado:The Impact Vol. 5/October 2017 Some concerns with the HKCS include: • Jefferson County (the 2nd largest school district), Douglas County (the 3rd largest school district), El Paso County (Colorado Springs, 2nd largest metro area), and Weld County results were listed as N/A which means data not available due to low participation in the region. NOTE: This is a similar reason why HKCS results were considered unweighted by the national YRBS survey. • In 2015 the HKCS survey had a response rate of 46 percent, which is well below the 60 percent rate required by YRBS. Even though HKCS samples a large number of students, their participation rate is below the industry standard for weighted data. • From 2013 to 2015, marijuana use: o High School—increased 14 percent among seniors and 19 percent among juniors. o Middle School—increased 96 percent for 7th Graders and 144 percent among 6th Graders. Healthy Kids Colorado Survey: Current Marijuana Use for High School and Middle School Students in Colorado ■2013 ■2015 30.0 26.3 27.8 24.3 25.0 '' 22.1 19.0 18.8 • 20.0 13.7 12.4 .• 15.0 8.8 8.7 8.8 10.0 4.5 • 5.0 0.9 2.2 0.0 6th 7th 8th 9th 10th 11th 12th SOURCE: Colorado Depar Intent Public Health and Environment,Healthy Kids Colorado Survey For a detailed analysis and additional data, go to www.rmhidta.org and click on the Reports tab to read "Colorado Youth Marijuana Use: Up—Down—Flat? Examine the Data and You Decide!" SECTION 2: Youth Marijuana Use Page 134 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Monitoring the Future (MTF) Study Although Colorado cited Monitoring the Future data in a response letter to Attorney General Jeff Sessions, the study is designed to be nationally-representative and not state-representative. MTF does not provide usable estimates for the specific state of Colorado because of the state's relatively small size. Colorado is only 1.6 percent of the total U.S. population; thus, the sampling would only be 1.6 percent of Colorado schools (400) or about 6 schools per year. Since 2010, the survey sampled an average of 4.6 Colorado schools. In 2014 and 2015, there were four schools surveyed each year of which three were eighth grade. Therefore, the MTF study is not useful for state data pertaining to Colorado for school-age drug use data and trends. 1 Centers for Disease Control Youth Risk Behavior Survey (YRBS) In 2015, Colorado fell short of the required 60 percent participation rate and was, therefore,not included with weighted data in this survey. Additionally, upon further review, it was discovered that since 1991 the state of Colorado has only been represented in the High School YRBS survey with weighted data four times. Since 1995, Colorado has only been represented in the Middle School YRBS survey by weighted data twice. States that participated in the 2015 Middle School and High School YRBS surveys are represented in dark purple in the below maps. It should be noted, in 2015, high schools in the following ten states were not included with weighted high school data: Utah, Colorado, Kansas, Texas, Louisiana, Georgia, Iowa, Wisconsin, Ohio, and New Jersey. Washington, Oregon, and Minnesota did not participate in the survey. Centers for Disease Control Youth Risk Behavior Survey 2015 YRBS Participation Map Middle Schools High Schools K ..,. til .. ,,iki _ 41ir in . tit iiiiAik tiNm,LW +-- CkiNavF.Oi Sln it a.CA 101110.....—lir S., ,A,.v,6‘. ikali .. 'rad .:.aicMMf4 Aa illmaiartr unA. '4, M.. '"Cay MY a,alir N.0 _� '11111k�+� a.ro.rn - x...wu a mi.gc, snemrcwe.m T oaa.mcwq.ca . ,�rewat:vt Painkfraenufft ft mutt Hon[m i% ■we,ntee,wx,euae. \ N*0% Cm.%A ■ v�ua� sab_c_ ❑w,...AY .we.r ,. a+ a.aea cam,a 0 ....)...,o, ... i aa,«oxanwu C(....n,wa a..d.Q.wtw, e xv.ym.a w,K e.. •V•Otea loge„e.e,w.... . t.ro.ewatw re�Nn o u=.a..+VromW.ot < . , •Grum Is *; I•x1uwnwnmwnm a.laaroat.anatrdori9ev+ovntp.ais ,kate • b.+.owm. , SOURCE: Centers for Disease Control and Prevention,Adolescent and School Health,YRBS Participation Maps and History http://www.cdc.gov/healthyyouth/data/yrbs/participation.htm SECTION 2: Youth Marijuana Use Page 135 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Use Data Youth Ages 12 to 17 Years Old Average Past Month Use of Marijuana Youth Ages 12 to 17 Years Old 11.85% I 40 4.44 12.00% _ I 111 10.00% Ill cv v 8.00% • 6.00% 1 c) 4.00% i 2.00% 12%Increase. 0.00% 2010-2012 2013-2015 Pre-Recreational Legalization Post-Recreational Legalization SOURCE: SAMHSA.gov,National Survey on Drug Use and Health 2014 and 2015 Past Month Marijuana Use Youth Ages 12 to 17 Years Old *;—National Average �01; Colorado Average Legalization 16.00 Commercialization �. 14.00 12.56 12.E 10.17 10.72 10.47 11.16 11.13 v 7v 8. bA 6.00 6.74 6.67 6.67 7.03 7.38 7.64 7:55 7.15 7.22 7.20 4.00 2.00 0.00 05/06 06/07 07/08 08/09 09/10 10/11 11/12 12/13 13/14 14/15 Annual Averages of Data Collection SOURCE: SAMHSA.gov,National Survey on Drug Use and Health 2014 and 2015 SECTION 2: Youth Marijuana Use Page 136 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Prevalence of Past 30-Day Marijuana Use Youth Ages 12 to 17 Years Old •2006-2008 ■2008-2010 2010-2012 ■2012-2014 14.00% �. 12.00% 10.00% cr-++ In C rN'' v c oul ©8.00% �, o 0 • 6.00% N r N 4.00% I : 2.00% I 0.00% United States Colorado Denver Metro SOURCE: SAMHSA.gov,National Survey on Drug Use and Health,Substate Region Estimates 2006-2014 NOTE: SUB-STATE DATA IS ONLY AVAILABLE FROM THE NATIONAL SURVEY ON DRUG USE AND HEALTH IN THE ABOVE TIMEFRAMES. SECTION 2: Youth Marijuana Use Page 137 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Past Month Usage, 12 to 17 Years Old, 2014/2015 Colorado Vermont Alaska Rhode Island c:: *Maine C: New Hampshire Eli¢ Oregon *Massachusetts Maryland C:7. Washington c:: Montana c:: New Mexico c:=r Connecticut c::'.'.: *California c::'.'.:-=+u— Indiana :T.._ Michigan c::',',:--�. Arizona c:': Wisconsin c::: New York c:::__ —mum Delaware c::'.'.:_: *Nevada c::',',:—_wawa **Pennsylvania c:::__ Georgia c.:',',:-_simatssims Texas c.:,,.—_ New Jersey C:::-- **Florida c:::—_ Wyoming South Carolina Missouri Illinois Idaho 17..:__ **Arkansas =:::=„. Kansas :;'--- South Dakota r= Kentucky --- Minnesota ---- **North Dakota =::;: Hawaii c_:—_ West Virginia **Ohio North Carolina Tennessee Virginia Oklahoma As of 2015: **Louisiana Legalized Recreational/Medical Marijuana Iowa Mississippi Legalized Medical Marijuana Nebraska Non-Legalized Medical Marijuana Alabama =:_::— Utah 0.00% 2.00% 4.00% 6.00% 8.00% 10.00% 12.00% SOURCE: SAMHSA.gov,National Survey on Drug Use and Health 2014 and 2015 NOTE: *California,Massachusetts,Maine and Nevada voted to legalise recreational marijuana in November 2016 **States that had legislation for medical marijuana signed into effect during 2015 SECTION 2: Youth Marijuana Use Page 138 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Average Past Month Use Youth Ages 12 to 17 Years Old, 2014/2015 12.0% 10.09% 10.0% 8.25% d 8.0% _. 9%- a bD 6.0% I1.11 4.0% �I 2.0% 0.0% Non-Medical Marijuana Medical Marijuana States Recreational/Medical States Marijuana States SOURCE: SAMHSA.gov,National Survey on Drug Use and Health 2014 and 2015 Past Month Marijuana Use Youth Ages 12 to 17 Years Old, 2014/2015 Top 10 Bottom 10 (Medical/Recreational States) (Non-Medical or Recreational States) National Average= 7.20% 1. Colorado— 11.13% 41. North Carolina—5.97% 2. Vermont—10.86% 42. Tennessee—5.90 % 3. Alaska—10.64% 43. Virginia—5.44% 4. Rhode Island—10.19% 44. Oklahoma—5.42% 5. Maine—10.01% 45. Louisiana—5.33% 6. New Hampshire—9.44% 46. Iowa—5.30% 7. Oregon—9.42% 47. Mississippi—5.29% 8. Massachusetts—9.22% 48. Nebraska—5.26% 9. Maryland—9.20% 49. Alabama—5.16% 10. Washington—9.17% 50. Utah—4.54% SOURCE: SAMHSA.gov,National Survey on Drug Use and Health 2014 and 2015 SECTION 2: Youth Marijuana Use Page 139 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Colorado Probation Percent of All Urinalysis Tests Positive for Marijuana Youth Ages 10 - 17 Years Old 45.00 Commercialization Legalization 40.00 I 33.77 34.40 34.83 35.00 31.91 30.00 28.31 28.37 24.90 25.26 26.15 26.59 0 25.00 -'2.24 20.00 V 15.00 10.00 5.00 0.00 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 SOURCE: Division of Probation Services/State Court Administrator's Office SECTION 2: Youth Marijuana Use Page 140 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 School Data Impact on School Violation Numbers ❖ "Note that Senate Bill 12-046 and House Bill 12-1345 targeted reform of'zero tolerance' policies in schools, and appear to have decreased expulsions, suspensions and referrals to law enforcement." —Colorado Department of Public Safety,Marijuana Legalization in Colorado: Early Findings,A Report Pursuant to Senate Bill 13-283, March 2016 Data for the 2016-2017 school year were not available by the time of release for this report. All Drug Violations, 2015-2016 School Year 5000 4,236 4000 0 6 3000 rr. d 2000 1,143 1000 337 0 - Expulsions Referrals to Law Suspensions Enforcement ■Marijuana Violations SOURCE: Colorado Department of Education,10-Year Trend Data:State Suspension and Expulsion Incident Rates and Reasons NOTE: THE COLORADO DEPARTMENT OF EDUCATION BEGAN COLLECTING MARIJUANA VIOLATIONS SEPARATELY FROM ALL DRUG VIOLATIONS DURING THE 2015-2016 SCHOOL YEAR. SECTION 2: Youth Marijuana Use Page 141 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Drug-Related Suspensions/Expulsions 6,000 5,417 5179 5,249 4,965 4,933 4,915 4,573 5,000 3 98,i 3 988 2 Q22 ' 3,779 3,736 4-1 3,000 LLegalization 14 2,000 Commercialization 1,000 0 e e 6§3 e ,zp v- e q9. 19 19 19. 19. 19 r r 19 19 Academic Years SOURCE: Colorado Department of Education,10-Year Trend Data:State Suspension and Expulsion Incident Rates and Reasons In school year 2015/2016, 62 percent of all drug expulsions and suspensions were for marijuana violations. Percent of Total Referrals to Law Enforcement in Colorado 40.0 37.2 34.1 35.0 323 30.8 .1 28.9 29.7 30.0 25.0 23.4 24.1 2as 24.1 • —-- - 20.0 Legalization Commercialization 7"a 15.0 10.0 -7-5- - c6- 6-3 5.6 4 9 -69 _ - 4 2 5.0 ;"" Academic Years -410-Drug Violations -II-Alcohol Violations SOURCE: Colorado Depar latent of Education,10-Year Trend Data:State Suspension and Expulsion Incident Rates and Reasons + In school year 2015/2016, 73 percent of all drug related referrals to law enforcement were for marijuana violations. SECTION 2: Youth Marijuana Use Page I 42 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Number of Reported School Dropouts 11,114 11,200 o 11,000 10,800 10,664 10,546 10,530 C.1).' 10,600 10 400 I 4 ae 10,200 2012-2013 2013-2014 2014-2015 2015-2016 SOURCE: Colorado Department of Education NOTE: ROCKY MOUNTAIN HIDTA HAS BEEN ASKED ABOUT THE NUMBER OF SCHOOL DROPOUTS IN COLORADO NUMEROUS TIMES AND IS,THEREFORE,PROVIDING THE DATA. ROCKY MOUNTAIN HIDTA IS NOT ATTRIBUTING THE NUMBER OF DROPOUTS TO MARIJUANA LEGALIZATION. Colorado School Resource Officer Survey In June 2017, 76 school resource officers (SRO) participated in a survey concerning marijuana in schools. The majority were assigned to high schools and had a tenure of three years or more as a SRO. They were asked for their professional opinion on a number of questions. The questions and their responses are shown in the following pages. SECTION 2: Youth Marijuana Use Page 143 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Question: Since the legalization of recreational marijuana, what impact has there been on marijuana-related incidents at your school? Impact on Marijuana-Related Incidents, 2017 10°0 40 Increase 7 .3 ■Decrease s U No Change 86% SOURCE: Colorado Association of School Resource Officers(CASRO)and Rocky Mountain HIDTA Question: What were the most predominant marijuana violations by students on campus? Predominant Marijuana Violations, 2017 50% 44% 45% 36% v 40% '' 35% INN A 30% r _ v 25% III — 20% T., 15% 6% ". 10% ° 5% v 2/0 ._ n a _ _ ,v 0% iia �'� ,-.7.14' ��.a..�� �� Student sharing Student selling Student in Student in Student under marijuana with marijuana to possession of possession of the influence other students other students marijuana marijuana during school infused edibles hours SOURCE: Colorado Association of School Resource Officers(CASRO)and Rocky Mountain HIDTA SECTION 2: Youth Marijuana Use Page 144 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Question: Where do the students get their marijuana? Student Marijuana Source, 2017 45% 39% 40% 35% 0 30% 23% 26% 25% 0 20% 15% 'a' 10% 7% 5% 8 2% U ° P-1 4-'17>s �..:)� art - r.......,,.._, „°. =k%.=� Medical Medical Medical Parents Black Market Friend Who Marijuana Marijuana Marijuana Obtained it Cardholders Dispensaries Caregivers Legally SOURCE: Colorado Association of School Resource Officers(CASRO)and Rocky Mountain HIDTA School Counselor Survey ❖ Since the 2015 survey, the Colorado School Counselor Association has elected not to participate in any further surveys. In August 2015, 188 school counselors participated in a survey concerning the legalization of marijuana in schools. The majority were assigned to high schools with an average tenure of ten years. They were asked for their professional opinion on a number of question. The questions and their responses are shown in the following pages. Page 145 SECTION 2: Youth Marijuana Use The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Question: Since the legalization of recreational marijuana, what impact has there been on marijuana-related incidents at your school? Impact on Marijuana-Related Incidents, t 30°c Pi Increased ■Decreased 0 68°° M No Change SOURCE Colorado School Counselor Association(CSCA)and Rocky Mountain HIDTA Question: What were the most predominant marijuana violations by students on campus? Predominant Marijuana Violations, 2015 r)• 60% __ 51% a 50% c400/0 30% 30% ° 20% 9% 5% 6% - o 10% • 0% Student selling Student sharing Student in Student in Student under marijuana to marijuana with possession of possession of the influence other students other students marijuana marijuana during school infused edibles hours SOURCE Colorado School Counselor Association(CSCA)and Rocky Mountain HIDTA SECTION 2: Youth Marijuana Use Page 146 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Question: Where do the students get their marijuana? Student Marijuana Source, 2015 29% 30% 25% 25% 21% 1 ::: 18% U 0 10% 5% 2% 3% 1% 1% Medical Medical Medical Retail Stores Black Market Parents Siblings/Other Friend- Cardholders Caregivers Dispensaries Family Purchased Members Legally SOURCE Colorado School Counselor Association(CSCA)and Rocky Mountain HIDTA Case Examples My son and his Marijuana: "It was February 6th at 3:15 a.m. when my oldest son woke me and urgently whispered that his brother had just tried to take his own life. I couldn't comprehend that my second-born, a high achieving, gifted young man had just attempted suicide by hanging. Thankfully,his brother discovered him and saved his life before we lost him. It changed our family forever. Later that morning after the assessment and intake procedure, the hospital social worker explained that my son's prescription for Adderall combined with his heavy marijuana use had caused a psychotic break called marijuana induced psychosis. She said this was quite common among young people today. I felt blindsided as I had no idea my son was using marijuana. Sadly, in-patient treatment was not successful,nor was out-patient treatment. Our lives began to revolve around our son's addiction and the never-ending appointments, meetings, confrontations, stress, and bizarre drama that we never SECTION 2: Youth Marijuana Use Page 147 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 imagined we would experience. It was both frustrating and heartbreaking to listen as my son frequently described his passionate commitment to marijuana and observe his inability to see how negatively it impacted—even controlled him. We learned we were not fighting a behavior but a mind-set that was cemented into his belief system. Marijuana had become his life, his religion, and his identity. In spite of a multitude of problems and ongoing depression that continue to prevent him from living successfully,his belief that marijuana will solve all of his troubles remains ingrained in him and leaves our family feeling fearful and often hopeless to help him." ' Teen Shot While Trying to Sell Marijuana: While attempting to sell marijuana to a car filled with four other teenagers, an 18 year old in Greeley, Colorado was shot with a handgun. The seller had been leaning into the car window when the occupants shot him and quickly drove away. The wound sustained by the teenager was not life threatening. 2 One Teen Wounded,Another Killed While Trying to Steal Marijuana: Shortly after 2 a.m. on Sunday, October 9th, 2016, Denver Police received a call from a 14-year-old boy stating that he and his friend had been shot. Both boys had been trying to steal marijuana plants from a backyard when the resident was alerted to their presence and fired multiple shots at the boys. Both boys were struck as they were trying to escape the backyard, the 14-year-old was wounded and the 15-year old boy was killed. The home owner was arrested and held for investigation of murder, attempted murder and investigation of felony marijuana cultivation. 3 SECTION 2: Youth Marijuana Use Page 148 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Some Comments from School Resource Officers They End Up Sick: o "A student came to after-prom after eating some marijuana edibles. She later got very sick and was transported by ambulance to the hospital. She later admitted to being given the edibles by another student." o "A student asked another to get them marijuana. Student brought some edibles, later that week, and then the other student shared the edibles with 5 other people,who became sick. All students were disciplined. It is very common for students to bring edibles and share with others, and they end up sick from eating too much." o "8th grader brought marijuana brownies to school, gave them to friends and then overdosed on them and ended up in the hospital." Organized and Well-planned Distribution: o "Students sometimes put Marijuana in Cheetos bags and sell to each other." o "Our agency just processed a 12 year old student for distribution of MJ. The child admitted to stealing`unnoticeable' amounts of MJ from several different relatives,who purchased the recreational MJ legally, then sold it to other students. The 12 year old suspect had also recruited other students to sell the MJ. The crime was eventually reported by the sister of one of the accomplices." o "Student, age 16 (10th grade) recently came with father from California (father wanted to start a grow operation) frequently peddled marijuana on and around campus. Eventually, school/police alerted that he was packing a gun." o "Student has a medicinal marijuana card,became marijuana dealer to fellow students, arrested and is being prosecuted for distribution." o "A student baked THC brownies and sold them at school (10-12 grades). Students were charged [with distribution] of marijuana, it was organized and well-planned in school distribution(9-11 grades). Burglarized Dispensary: "Five male students were found on school grounds with an overabundance of dabs and shatter that was still in the packaging from a dispensary that had been burglarized the previous weekend by five masked individuals that were caught on surveillance tape." SECTION 2: Youth Marijuana Use Page 149 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Student Commits Suicide: "Sophomore caught selling marijuana to students on campus. He was distributing for another student. That student was obtaining high quality marijuana on the black market. Original was charged and committed suicide 3 days later. Other subject made suicidal statements and received treatment." Fine for Their Kids to Use:"Multiple students at my'affluent' middle school obtain marijuana and use marijuana with their families who all seem to have their own marijuana grows. Most of these parents think their'medicine' is fine for their kids to use." Social Media Delivery Service: "Students using social media to order up their hash/marijuana/shatter and have it delivered to their local park or fast food joint. No names exchanged and very difficult to prove a case. Was able to get a warrant on a suspect with the help of MED (Marijuana Enforcement Division). " Attempting to Official a Game: "Referee in possession and smelling like marijuana while attempting to official a game." Leave Campus and Come Back High: • "Students will leave campus and smoke either in their home, parks, or cars and come back after lunch. Adult dealers have trolled [the] parking lot for students looking to buy marijuana. Lots of marijuana use at juvenile parties on the weekend." • "Most of our marijuana offenses in the schools are at the middle school and high school level where students leave campus, get high and come back to school. Some are caught with possession of marijuana and some are only consuming." Young Students Stealing from Parents: • "Ten year old in possession and consuming in school using parents pot and pipe" • "6th grader stealing and then bringing mom's medical marijuana to school, sharing with friends and smoking in bathrooms before school." • "5th grader stealing recreational marijuana from parents and bringing it to school, showing it to all his friends and then smoking it at school." SECTION 2: Youth Marijuana Use Page 150 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Some Comments from School Counselors Halls Reek of Pot After Lunch: • "Many kids come back from lunch highly intoxicated from marijuana use. Halls reek of pot, so many kids are high that it is impossible to apprehend all but the most impaired." • "They go off campus and smoke during lunch with friends. They will run home with friends during lunch and smoke then." • "There have been several instances of students in their cars on lunch or during their off hours 'hotboxing' or smoking marijuana. Most students are seniors but on occasion, seniors will provide marijuana to 9th or 10th grade students." • "2014/2015 school year, several students caught coming back from off-campus lunch under the influence of marijuana." • "Had a student come back from lunch, teacher believed that they were high. Student was escorted to the office, student admitted they were indeed high to the administrator." • "Students are often referred after lunch (open campus) after they have been riding around smoking marijuana with their friends." • "More and more students are coming back to school high after lunch." • "In April 2015, students were going out for a break. 2-3 students smoked marijuana about a block away from school. They smelled like pot when they got back." Just a Plant: "In March of 2015 a fifth grade boy offered marijuana to another fifth grader on the playground. In October of 2014 a kindergarten girl described the pipe in her grandmother's car and the store where you go to buy pipes. In May of 2015 a first grade girl reported that her mom smokes weed in the garage. 'It's not a drug, it's just a plant. " Arrives at School Stoned: • "At the beginning of the second semester, three middle school boys were routinely arriving late at school, and noticeable intoxicated." • "We have middle school students who either come to school high, or have it on them in a bag. Or they have pipes on them." • "In May 2015, a teacher witnessed 2 seniors smoking marijuana while driving to school. One student admitted to having done so; the other denied it." • "Teaching a lesson in class during first period that started 7:30 AM and 2 students were already high in class." SECTION 2: Youth Marijuana Use Page 151 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 • "A male 13 y/o student fell asleep in several classes. He was interviewed by the school counselor and the RSO (sic). He was assessed as being high and admitted that he uses marijuana often before school. He steals it from his older brother." • "12 yr. old, sixth grader, was suspected of coming to summer school high. When confronted he told the teacher that he smoked it at home the night before but denied being high at the time. Later, he confirmed that he had smoked early that morning. The marijuana came from his mother's stash." New Use of Bathrooms: • "2 students were smoking marijuana in the restroom last year." • "8th grade male student had marijuana in his locker, classmates reported it. 8th grade female student smoked a joint in a school bathroom during school hours. Shared it with a friend." • "7th grade girl last year had hidden marijuana and a pipe in the girl's restroom and told several friends who began getting bathroom break passes from various classrooms. Security noted an increased traffic flow to and from that restroom and found the weed and soon after the violators." It's Legal: • "3 or 4 times in the last school year, students have come to school under the influence after meeting at homes where parents were absent, sharing marijuana off campus and then bringing it on campus. 7th and 8th grade students have been involved, and most often their reaction when caught is'it's legal'." • "I met with at least 5 students last year alone that have been showing significant signs of drug use or were caught and they all said they will not stop using weed on a daily basis. Their justification was it's fine because it's legal. If it's legal it's not as bad as what adults say about the risks." Grades Decline: "I would like to say that in general our Marijuana incidents have not gone up. We have a savvy population that knows to keep it away from school. However, I have seen a huge spike in talking with kids about it in my sessions. Last year I had two very intelligent students (above 4.0) that used marijuana 2-6 times a week. Both of them had grades decline and significant social emotional issues spike in the spring of their Senior Year. They also both had violations at school." Dad Allows Pot Smoking: "We had reports of two students (brothers) appear to be high at school. Our officer assessed both of them and discovered that their father, who had a medical marijuana card, was having them both "smoke a bowl" before school. He thought it would make their school day easier." SECTION 2: Youth Marijuana Use Page 152 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Parents High: "At our elementary school, we have noticed an increased number of parents showing up to school high. Kids have also brought [marijuana] to school to show their friends." Difficulty in Assessment: "For school personnel, it is more difficult to evaluate what substance a student is under the influence of. We can smell alcohol and smoked marijuana but the edibles and vapes are hard to detect." Drug Canine Use: "I would like to just offer that we need policy that allows for more use of drug dogs and not having to forewarn students or parents when these dogs will be present. Students and especially dealers, the ones we need to catch, are very vigilant in making adjustments when these resources are used." For Further Information on Youth Marijuana Use See Page 151 Sources 1 Jo McGuire, "One Mom's Story: Marijuana and My Kid,"Jo McGuire Inc., August 29th, 2017, <https://jomcguire.wordpress.com/>, accessed August 29th, 2017. 2 Nate Miller, "Sheriff's office seeks public's help to learn more about northeast Greeley shooting," The Tribune, May 16, 2017, <http://www.greeleytribune.com/news/crime/sheriffs-office-seeks-publics-help-to-learn- more-about-northeast-greeley-shooting/>, accessed September 12, 2017. 3 Kirk Mitchell, "Denver man arrested after allegedly shooting, killing teen in marijuana-filled backyard," Denver Post, October 10, 2016, <http://www.denverpost.com/2016/10/10/marijuana-grow-house-slaying-denver-man- arrested/>, accessed September 12, 2017. SECTION 2: Youth Marijuana Use Page 153 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 THIS PAGE INTENTIONALLY LEFT BLANK SECTION 2: Youth Marijuana Use Page 154 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 SECTION 3: Adult Marijuana Use Some Findings • College age past month marijuana use increased 16 percent in the three-year average (2013-2015) since Colorado legalized recreational marijuana compared to the three-year average prior to legalization (2010-2012). • The latest 2014/2015 results show Colorado college-age adults ranked #2 in the nation for past-month marijuana use, up from #3 in 2011/2012 and #8 in 2005/2006. • Colorado college age past month marijuana use for 2014/2015 was 61 percent higher than the national average compared to 42 percent higher in 2011/2012. • Adult past-month marijuana use increased 71 percent in the three-year average (2013-2015) since Colorado legalized recreational marijuana compared to the three-year average prior to legalization (2010-2012). • The latest 2014/2015 results show Colorado adults ranked #1 in the nation for past month marijuana use, up from #7 in 2011/2012 and#8 in 2005/2006. • Colorado adult past month marijuana use for 2014/2015 was 124 percent higher than the national average compared to 51 percent higher in 2011/2012. SECTION 3: Adult Marijuana Use Page 155 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Use Data College Age 18 to 25 Years Old Average Past Month Use of Marijuana College Age 18 to 25 Years Old 31.50% 40.00% 27.04% c r' 30.00% w 20.00% 10.00% 0.00% 2010-2012 2013-2015 Pre-Recreational Legalization Post-Recreational Legalization SOURCE: SAMHSA.gov,National Survey on Drug Use and Health 2014 and 2015 Past Month Marijuana Use College Age 18 to 25 Years Old --National Average —.•Colorado Average Legalization �... _ galization 45 Commercialization 40 35 JS 3124 ....... 1...7.5._ 30 _._. ,fi 15 27.26 26.81 25 ,21 43 22.21 23.44 1418 __ E 20 > 150 19.7 17.42 8. 10 —16.42 16,34 16.45 5 05/06 06/07 07/08 08/09 09/10 10/11 11/12 12/13 13/14 14/15 Annual Averages of Data Collection SOURCE: SAMHSA.gov,National Survey on Drug Use and Health 2014 and 2015 SECTION 3: Adult Marijuana Use Page 156 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Prevalence of Past 30-Day Marijuana Use College Age 18 to 25 Years Old 112006-2008 ■2008-2010 t:2010-2012 112012-2014 35.00% 30.00% ¢ C 25.00% ! •\ N N , �, lirlir � U O a a 20.00% O r ,..,-dr., �* `' ...... C 00 •. , , en . . i 15.00/o E ., r a N III il10.00% *` Is.. : o xgMI 5.00% ' 0.00% -. �,.� United States Colorado Denver Metro SOURCE: SAMHSA.gov,National Survey on Drug Use and Health,Substate Region Estimates 2006-2014 NOTE: SUB-STATE DATA IS ONLY AVAILABLE FROM THE NATIONAL SURVEY ON DRUG USE AND HEALTH IN THE ABOVE TIMEFRAMES. SECTION 3: Adult Marijuana Use Page 157 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Past Month Usage, 18 to 25 Years Old, 2014/2015 Vermont Colorado *Maine New Hampshire Rhode Island *Massachusetts Oregon Alaska Connecticut Maryland Montana Michigan New York Washington Delaware South Carolina **Florida Indiana New Mexico *Califomia Illinois **Ohio Missouri Minnesota North Carolina **Pennsylvania New Jersey Arizona West Virginia Georgia Virginia Wisconsin *Nevada South Dakota **Arkansas Nebraska Kentucky **Louisiana Hawaii Tennessee Kansas Wyoming Texas Oklahoma As of 2015: **North Dakota Legalized Recreational/Medical Marijuana Alabama Legalized Medical Marijuana Mississippi Non-Legalized Medical Marijuana Idaho Iowa Utah 0.00% 5.00% 10.00% 15.00% 20.00% 25.00% 30.00% 35.00% 40.00% SOURCE: SAMHSA.gov,National Survey on Drug Use and Health 2013 and 2014 NOTE: *California,Massachusetts,Maine and Nevada voted to legalize recreational marijuana in November 2016 **States that had legislation for medical marijuana signed into effect during 2015 SECTION 3: Adult Marijuana Use Page 158 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Average Past Month Use College Age 18 to 25 Years Old, 2014/2015 26.23% 30.00% 23.19% 25.00% �: 16.81% 20.00% v on 15.00% 10.00% 1111111 5.00% , ikidama: 0.00% mss ,. Non-Medical Medical Marijuana Recreational/Medical Marijuana States States Marijuana States SOURCE: SAMHSA.gov,National Survey on Drug Use and Health 2014 and 2015 Past Month Marijuana Use College Age 18 to 25 Years Old, 2014/2015 Top 10 Bottom 10 (Medical/Recreational States) (Non-Medical or Recreational States) National Average = 19.99% 1. Vermont—34.95% 41. Kansas— 15.73% 2. Colorado—31.75% 42. Wyoming— 15.64% 3. Maine—29.72% 43. Texas— 15.08% 4. New Hampshire—29.12% 44. Oklahoma— 14.87% 5. Rhode Island—28.89% 45. North Dakota— 14.77% 6. Massachusetts—27.39% 46. Alabama— 14.33% 7. Oregon—26.29% 47. Mississippi—13.91% 8. Alaska—25.02% 48. Idaho— 13.69% 9. Connecticut—24.99% 49. Iowa—12.67% 10. Maryland—24.87% 50. Utah— 11.07% SOURCE: SAMHSA.gov,National Survey on Drug Use and Health 2014 and 2015 SECTION 3: Adult Marijuana Use Page 159 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Adults Age 26+ Years Old Average Past Month Use of Marijuana Adults Ages 26+ Years Old 13.55% 14.00% � I t, 12.00% 7.91% 0.04-'41c 00 10.00% • et 8.00% 6.00°/O 4.00% _ 2.00% 71%o Increase 0.00% 2010-2012 2013-2015 Pre-Recreational Legalization Post-Recreational Legalization SOURCE: SAMHSA.gov,National Survey on Drug Use and Health 2014 and 2015 Past Month Marijuana Use Adults Age 26+ Years Old �•••National Average Colorado Average 20.00 Legalization 18.00 ', 16.00 Commercialization 4 _ 14.65 u 14.00 12 45 a 12.00 L 10.13 6) 10.00 5 88 6.88 7.31 8.86 8.19 8.00 5.32 6 00 4.00 '__ 614 6.55 2.00 4:1, 4.02 4.06 4 49 4.68 4.8 5.05 0.00 05/06 06/07 07/08 08/09 09/10 10/11 11/12 12/13 13/14 14/15 Annual Averages of Data Collection SOURCE: SAMHSA.gov,National Survey on Drug Use and Health 2014 and 2015 SECTION 3: Adult Marijuana Use Page 160 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Prevalence of Past 30-Day Marijuana Use Adults Age 26+ Years Old M2006-2008 ■2008-2010 2010-2012 ■2012-2014 14.00% 12.00% o ° � o M 10.00% ` • a 8.00% \ N cd c a;at a5 ' s. 6.00% e r'? ..,,, ir•M mi N U 4.00% r_.,c # • `� eq v, 1 U 2.00% d' IM ' 0.00% r United States Colorado Denver Metro SOURCE: SAMHSA.gov,National Survey on Drug Use and Health,Substate Region Estimates 2006-2014 NOTE: SUB-STATE DATA IS ONLY AVAILABLE FROM THE NATIONAL SURVEY ON DRUG USE AND HEALTH IN THE ABOVE TIMEFRAMES. SECTION 3: Adult Marijuana Use Page 161 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Past Month Usage, 26+ Years Old, 2014/2015 Colorado Alaska *Maine Vermont Oregon Rhode Island Washington New Hampshire Montana *Massachusetts New Mexico Michigan *California New York Connecticut Maryland Hawaii Arizona Indiana *Nevada Missouri South Carolina Illinois **Pennsylvania Delaware **Florida Georgia **Ohio Minnesota Kansas **Arkansas Kentucky North Carolina New Jersey South Dakota West Virginia Idaho Wisconsin Virginia Oklahoma Tennessee **Louisiana Wyoming As of 2015: Nebraska Legalized Recreational/Medical Marijuana Texas Legalized Medical Marijuana **North Dakota Non-Legalized Medical Marijuana Alabama Mississippi Utah Iowa 0.00% 2.00% 4.00% 6.00% 8.00% 10.00% 12.00% 14.00% 16.00% SOURCE: SAMHSA.gov,National Survey on Drug Use and Health 2014 and 2015 NOTE: *California,Massachusetts,Maine and Nevada voted to legalize recreational marijuana in November 201 b **States that had legislation for medical marijuana signed into effect during 2015 SECTION 3: Adult Marijuana Use Page 162 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Average Past Month Use Adults Ages 26+ Years Old, 2014/2015 14.00% — o 12.00% F: 10.00% 8.01% °. 8.00% o 3 5.10% ct 6.00% r111 4.00% I 2.00% 000% -', Non-Medical Marijuana Medical Marijuana States Recreational/Medical States Marijuana States SOURCE: SAMHSA.gov,National Survey on Drug Use and Health 2014 and 2015 Past Month Marijuana Use Adults Ages 26+ Years Old, 2014/2015 Top 10 Bottom 10 (Medical/Recreational States) (Non-Medical or Recreational States) National Average = 6.76% 1. Colorado— 14.65% 41. Tennessee—4.81% 2. Alaska— 12.83% 42. Louisiana—4.71% 3. Maine— 11.84% 43. Wyoming—4.71% 4. Vermont— 11.61% 44. Nebraska—4.53% 5. Oregon—10.99% 45. Texas—4.32% 6. Rhode Island— 10.39% 46. North Dakota—3.93% 7. Washington—9.74% 47. Alabama—3.86% 8. New Hampshire—9.65% 48. Mississippi—3.81% 9. Montana—9.41% 49. Utah—3.75% 10. Massachusetts—9.21% 50. Iowa—3.30% SOURCE: SAMHSA.gov,National Survey on Drug Use and Health 2014 and 2015 SECTION 3: Adult Marijuana Use Page 163 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Colorado Adult Marijuana Use Demographics' According to the Colorado Behavior Risk Factor Surveillance System, 2016: • 13.6 percent of adults (18+years old) are current users of marijuana o Nearly half of current users (47 percent) report using marijuana daily • 1 out of 5 current users (20 percent) report driving after using marijuana • Top demographics of those who report current marijuana use: o Between 18 to 25 years old ■ Next highest are those 26 to 34 years old o Black, Non- Hispanic individuals ■ Next highest are Multiracial (Non-Hispanic) individuals o Gay/Lesbian/Bisexual adults o Males • The Southwest region of Colorado reports the highest current marijuana use o The Southeast and Northwest regions are tied for second highest NOTE: THE BEHAVIORAL RISK FACTOR SURVEILLANCE SYSTEM(BRFSS)COLLECTS DATA ON ADULT,INDIVIDUAL-LEVEL BEHAVIORAL HEALTH RISK FACTORS. QUESTIONS SPECIFICALLY REGARDING MARIJUANA USE WERE NOT ADDED UNTIL 2014. MONITORING HEALTH CONCERNS RELATED TO MARIJUANA IN COLORADO:2016, COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Case Examples Young Professional Commits Suicide at 23, Parents Question if THC is to Blame: Marc Bullard, a young professional with no apparent signs of depression or mental illness committed suicide in April 2016. He had recently graduated college "near the top of his college class," and had been hired at a consulting firm in Denver. "In December of 2015, he was on top of the world explaining in a video documenting his success that, `It's been a good yeas..' and that he was looking forward to making plans for 2016." After his death, his parents began reading Marc's personal diaries and found that he had been writing entries such as: I found out I was dabbing too much which I already knew and had cut back in February. But apparently if i/ou overdo it, you can get almost like poison and experience some negative effect, SECTION 3: Adult Marijuana Use Page 164 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Marc's parents began to question"whether his death [was} related to his use of high potency THC." Before Marc's death neither of them had even heard of dabbing. Marc's father Mike explained"I had the mindset, well, it's just marijuana, it's not going to hurt anything." While Marc's death certificate does not say marijuana was the cause of death, it "lists a contributing factor to 'use of concentrated marijuana products."'2 Parents Charged with Child Abuse for Identical Deaths of Two Babies: In Aurora, Colorado a couple was booked into jail on two counts of misdemeanor child abuse. Charges were filed against the couple after their second child died under similar circumstances as their first child who died two years previously. According to police reports,both babies "died while sleeping in bed with the parents" and both parents "appear[ed] to be intoxicated or under the influence." During the investigation of the first child's death there were "indications of alcohol and marijuana use." The cause of death as shown on autopsy reports for each child was listed as undetermined,however per the Arapahoe County Coroner Dr. Kelly Lear-Kaul this is "because suffocation leaves no trace." 3 Man Shoots Wife and Kills Neighbor in a "Marijuana and Caffeine-Fueled Paranoid State":While home for lunch, Dr. Kenneth Atkinson heard shots being fired next door at his neighbor's home. He went outside to see what was going on and "found his neighbor, Elizabeth Lyons, lying in a driveway, covered in blood." Elizabeth Lyons had been shot in the back by her husband Kevin Lyons. Dr. Atkinson attempted to attend to Mrs. Lyons' wounds when Kevin Lyons shot at him striking him in the leg. Dr. Atkinson attempted to call 911 but "more shots rang out as Lyons fired at Atkinson's head at point-blank range, fatally wounding him." Lyons was sentenced to life in prison plus 352 years in May 2017. Lyons' public defender stated in defense of his actions that "Lyons suffered repeated head injuries— from sports, a car wreck and other activities—that, combined with substance abuse and difficult circumstances in his life, including marital and financial problems, left him delusional. Lyons was also in a marijuana and caffeine-fueled paranoid state on the day of the shooting." 4 For Further Information on Adult Marijuana Use See Page 152 SECTION 3: Adult Marijuana Use Page 165 The Legalization of Marijuana in Colorado:The Impact Vol. 5/October 2017 Sources 1 Colorado Behavioral Risk Factor Surveillance System 2016, "Marijuana Use in Colorado," Colorado Department of Public Health and Environment. 2 John Ferrugia, "Marijuana in Colorado: A warning about dabbing," 9News, <http://www.9news.com/news/health/marijuana-in-colorado-a-warning-about- dabbing/346018775>, accessed September 12, 2017. 3 Rob Low, March 7, 2017, "Aurora parents charged with child abuse for identical deaths of 2 babies," Fox 31News, <http://kdvr.com/2017/03/07/parents- charged-with-child-abuse-for-identical-deaths-of-2-babies/>, accessed April 19, 2017. 4 Jesse Paul, "Kevin Lyons apologizes for Centennial shooting rampage that killed beloved doctor, gets life in prison plus 352 years," Denver Post, <http://www.denverpost.com/2017/06/05/kevin-lyons-centennial-shooting-rampage- killed-kenneth-atkinson/>, accessed September 12, 2017. SECTION 3: Adult Marijuana Use Page 166 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 SECTION 4: Emergency Department and Hospital Marijuana- Related Admissions Some Findings • The yearly rate of emergency department visits related to marijuana increased 35 percent after the legalization of recreational marijuana (2011-2012 vs. 2013- September 2015). • Number of hospitalizations related to marijuana: o 2011 —6,305 o 2012-6,715 o 2013-8,272 o 2014—11,439 o Jan-Sept 2015—10,901 • The yearly number of marijuana-related hospitalizations increased 72 percent after the legalization of recreational marijuana (2009-2012 vs. 2013-September 2015). SECTION 4: Emergency Department and Hospital Marijuana-Related Admissions Page 167 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Definitions Marijuana-Related: Also referred to as "marijuana mentions." Data could be obtained from lab tests, patient self-admission or some other form of validation obtained by the provider. Being marijuana-related does not necessarily prove marijuana was the cause of the emergency department admission or hospitalization. International Classification of Disease (ICD): A medical coding system used to classify diseases and related health problems. ❖ **In 2015, ICD-10 (the tenth modification) was implemented in place of ICD-9. Although ICD-10 will allow for better analysis of disease patterns and treatment outcomes for the advancement of medical care, comparison of trends before and after the conversion can be made difficult and/or impossible. The number of codes increased from approximately 13,600 codes to approximately 69,000 codes. For the above reasons, hospitalization and emergency department data is only provided pre-conversion to ICD- 10.1 Emergency Department Data Colorado Department of Public Health and Environment NOTE: "POSSIBLE MARIJUANA EXPOSURES,DIAGNOSES,OR BILLING CODES IN ANY OF VIInLISTED DIAGNOSIS CODES: THESE DATA WERE CHOSEN TO REPRESENT THE HD AND ED VISITS WHERE MARIJUANA COULD BE A CAUSAL,CONTRIBUTING,OR COEXISTING FACTOR NOTED BY THE PHYSICIAN DURING THE HD OR ED VISIT. FOR THESE DATA, MARIJUANA USE IS NOT NECESSARILY RELATED TO THE UNDERLYING REASON FOR THE HD OR ED VISIT. SOMETIMES THESE DATA ARE REFERRED TO AS HD 'WI H ANY MENTION OF MARIJUANA."'-COLORADO DEPARTMENT OF PUBLIC HEALTH t O ��. € ;. v roe SECTION 4: Emergency Department and Hospital Marijuana-Related Admissions Page 168 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Average Emergency Department Rates Related to Marijuana* 889** 1,000 �� 660 800 © 0 o / 0 600 . � C y 400 200 ���/: 0 "t (2011-2012) (2013-Sept 2015**) Pre-Recreational Legalization Post-Recreational Legalization *Rates of Emergency Department(ED)Visits with Possible Marijuana Exposures,Diagnoses, or Billing Codes per 100,000 ED Visits by Year in Colorado **Only 9 months of comparable 2015 data,see ICD definition on page 68 SOURCE: Colorado Department of Public Health and Environment 'fix f1 a'as a� :' • ,: i' ,: 1,°a KK° a-1 a E ' a } SECTION 4: Emergency Department and Hospital Marijuana-Related Admissions Page 169 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Emergency Department Rates Related to Marijuana* 1,200 1,039 1,000 873 c 800 701 754 (518 600 Legalization 400 200 0 2011 2012 2013 2014 Jan-Sept 2015** *Rates of Emergency Department(ED)Visits with Possible Marijuana Exposures,Diagnoses,or Billing Codes per 100,000 ED Visits by Year in Colorado **Only 9 months of comparable 2015 data,see ICD definition on page 68 SOURCE: Colorado Department of Public Health and Environment,Monitoring Health Concerns Related to Marijuana in Colorado:2016 < _= E PRE-2011.EMERGENCY DEPARTMENT DATA FROM 2011 AND 2012 REFLI I T. INCOMPLETE STATEWIDE REPORTING.INFERENCES CONCERNING ENDS,I7 LIJD1NG 2011 AND 2012,SHOULD NOT BE MADE. SECTION 4: Emergency Department and Hospital Marijuana-Related Admissions Page 170 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Emergency Department Visits Related to Marijuana 18,255 20,000 14,14: 15,000 9,987 10,476** ° 8,197 1) 10,000 5 z u 5,000 0 2011 2012 2013 2014 Jan-Sept 2015** **Only 9 months of comparable 2015 data,see ICD definition on page 68 SOURCE: Colorado Hospital Association,Emergency Department Visit Dataset.Statistics prepared by the Health Statistics and Evaluation Branch,Colorado Department of Public Health and Environment SECTION 4: Emergency Department and Hospital Marijuana-Related Admissions Page 171 The Legalization of Marijuana in Colorado:The Impact Vol. 5/October 2017 Hospitalization Data Colorado Department of Public Health and Environment NOTE: "POSSIBLE MARIJUANA EXPOSURES,DIAGNOSES,OR BILLING CODES IN ANY OF LISTED DI,‘GNOSIS CODES: THESE DATA WERE CHOSEN TO REPRESENT THE HD AND ED VISITS WHERE MARIJUANA COULD BE A CAUSAL,CONTRIBUTING,OR COEXISTING FACTOR NO.>TED BY THE PHYSICIAN DURING THE HD OR ED VISIT. FOR THESE DATA, MARIJUANUSE IS NOT NECESSARILY RELATED TO THE UNDERLYING REASON FOR THE HD OR ED VISIT. SOMETIMES THESE DATA ARE REFERRED TO AS HD OR ED VISITS 'WITH AN 'vIENTION OF MARIJUANA. "-COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIE(>NMEVT,MONITORING HEALTH CONCERNS RELATED TO MARIJUANA IN COLORADh"l 2014 Average Hospitalization Rates Related to Marijuana* er 2,500O ,r. 2,000 1,330 O 1,500 • 1,000 g ( i ▪ 500 %, 82;a Increase 0 (2010-2012) (2013-5ept2UI '") Pre-Recreational Legalization Post-Recreational Legalization *Rates of Hospitalization (HD)Visits with Possible Marijuana Exposures,Diagnoses,or Billing Codes per 100,000 HD Visits by Year in Colorado **Only 9 months of comparable 2015 data,see ICD definition on page 68 SOURCE: Colorado Department of Public Health and Environment SECTION 4: Emergent- Department and Hospital Marijuana-Related Admissions Page 172 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Hospitalization Rates Related to Marijuana* 3,500 3,025*'F 3,000 Legalization 2,443 2,500 0 2,000 1,77' ` 1,500 1,260 1,313 1,417 1,000 810 818 911 963 500 0 2006 2007 2008 2009 2010 2011 2012 2013 2014 Jan- Sept *Rates of Hospitalization(HD)Visits with Possible Marijuana Exposures,Diagnoses,or 2015** Billing Codes per 100,000 HD Visits by Year in Colorado **Only 9 months of comparable 2015 data,see ICD definition on page 68 SOURCE: Colorado Department of Public Health and Environment,Monitoring Health Concerns Related to Marijuana in Colorado:2014 SECTION 4: Emergency Department and Hospital Marijuana-Related Admissions Page 173 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Average Hospitalizations Related to Marijuana 10,204* ▪ 12,000 7▪ 1 10,000 ci)c 8,000 5,933 0 6,000 , cu • 4,000 Z 2,000 on ,. p 2006-2008 2009-2012 2013-September Pre- Post- 2015** Commercialization Commercialization **Only 9 months of comparable 2015 data,see ICD definition on page 68 SOURCE: Colorado Hospital Association,Hospital Discharge Dataset. Statistics prepared by the Health Statistics and Evaluation Branch,Colorado Department of Public Health and Environment Hospitalizations Related to Marijuana 12,000 0 10,000 � � N 8,000 cn x 6,000 4,000 2,000 11111111111111111 o o ti 0� b o ti ti o� \ 00 00 CC/ 0 0 0 0 0 0 00 O� O� O� � 1 O `L ti ti ti ti ti Q 4 \`s **Only 9 months of comparable 2015 data,see ICD definion on page 68 SOURCE: Colorado Hospital Association,Hospital Discharge Dataset.Statistics prepared by the Health Statistics and Evaluation Branch,Colorado Department of Public Health and Environment SECTION 4: Emergence Department and Hospital Marijuana-Related Admissions Page 174 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Additional Sources Colorado Children's Hospital, Marijuana Ingestion Among Children Under 9 Years Old 20 16 16 15 C) 10 0 9 10 7 5 11111911 III 2009 2010 2011 2012 2013 2014 2015 SOURCE: George Sam Wang,MD,Marie-Claire Le Lait,MS,Sara J.Deakyne,MPH,Alvin C.Bronstein, MD,Lalit Bajaj,MD,MPH,Genie Roosevelt,MD,MPH,July 25,2016 Cost Cost of Emergency Room: The U.S. Department of Health and Human Services estimates the average cost of an emergency room visit in 2014 was $1,533.00." 2 SECTION 4: Emergency Department and Hospital Marijuana-Related Admissions Page 175 The Legalization of Marijuana in Colorado:The Impact Vol. 5/October 2017 Case Examples Elderly Male with Altered Mental Status: "I had an elderly male come to the [emergency department] with a family chief complaint of'altered mental status' or stroke. The patient was essentially catatonic (awake but not responsive and not following commands). He had a very expensive stroke work up (including an EKG, CT, labs, etc.). Work up was negative and then family stated that he ate [marijuana] butter on his toast in the morning and then became catatonic. He had consumed at least 200 mg of THC. He was observed for many hours and improved. His [emergency department] visit costs probably topped $10,000." 3 Elderly Woman with Nausea and Vomiting: "I had an elderly female who came to the [emergency department] with a chief complaint of significant nausea and vomiting. The patient had come to visit a family member who happened to work at a pot shop. They thought it would be fun to get'grandma high' and gave her edibles. She ate too much and spent 12 hours in the emergency department vomiting and screaming (probably some psychosis induced at the time)." 3 Marijuana Laced with Methamphetamine: "I had a young woman who was in her last trimester of pregnancy, she came to the ED for'anxiety.' Her urine drug screen was positive for methamphetamines and [marijuana]. The patient states that the MJ (street) sellers, dip their products in cocaine or methamphetamines to make them'better.' She was using both and was pregnant. She justified the use of MJ for her anxiety and did not want to hear about how the MJ would or could affect her child." High on Marijuana while Riding a Bicycle: "A 16 [year old] male came after being struck by a car while riding a bike. He had been smoking marijuana. He was morbidly obese (over 300 pounds),not in school and getting his MJ from his parents who thought 'it's ok because it's legal. " 3 Unresponsive after an Edible Overdose: "I just had a case last week of a young patient who ate a full bag of the chocolates, 100 mcg of THC per chocolate. She presented unresponsive, GCS of 6. (Only slightly withdrew to painful stimuli, otherwise unresponsive). She went to the ICU and there was just observed until she woke up. She stayed in the ED for over 8 hours with no change before going to the ICU. There were no other substances on her drug screens that were positive." SECTION 4: Emergenc} Department and Hospital Marijuana-Related Admissions Page 176 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Dangers of Marijuana Experienced Firsthand: A May 2017 article written by Dr. Brad Roberts described his experience of returning to his home town of Pueblo, CO in order to serve the community he grew up in. I recently finished my residency in emergency medicine and began to practice in Pueblo, Colorado. I grew up there, and I was excited to return home. However, when I returned home, the Pueblo I once knew had drastically changed. Where there were once hardware stores, animal feed shops, and homes along dotted farms, I now found marijuana shops—and lots of them. Among the various observations the newly minted doctor noted: Multiple different types of patients are coming into the emergency department with a variety of unexpected problems such as marijuana-induced psychosis, dependence,burn injuries, increased abuse of other drugs, increased homelessness and its associated problems, and self-medication with marijuana to treat their medical problems instead of seeking appropriate medical care. Dr. Roberts recalled a few specific incidents in which marijuana was directly involved in the patient's visit to the emergency department. Among the specific incidents were cases in which a teenage girl had to be restrained after dabbing highly potent THC. Additionally, a young man reported that after smoking marijuana "all day, every day" and he was "seeing ghosts" that were telling him to kill himself (he tried to hang himself three times). Lastly, two young men presented with severe burns due to a butane hash oil explosion they created when trying to make concentrated THC. The greatest concern that I have is the confusion between medical and recreational marijuana. Patients are being diagnosed and treated from the marijuana shops by those without any medical training. I have had patients bring in bottles with a recommended strain of cannabis and frequency of use for a stated medical problem given at the recommendation of a marijuana shop employee. My colleagues report similar encounters, with one reporting seeing two separate patients with significantly altered sensorium and with bottles labeled 60 percent THC. They were taking this with opioids and benzodiazepines. After discussing a variety of significantly adverse health effects of marijuana use, Dr. Roberts stated "We need to provide immediate treatment and assistance in stopping use. If we are going to use this as a medication, then we should use it as we use other medications. It should have to undergo the same scrutiny, Food and Drug Administration approval, and regulation that any other medication does."5 SECTION 4: Emergency Department and Hospital Marijuana-Related Admissions Page 177 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Pot-Related ER Visits Increase among Visitors to Colorado: In February 2017, Matt Kroschel of CBS Denver described how "some of Colorado's mountain towns helped push Summit County to the top of the list for emergency room visits related to people getting high." Summit County reported 21 marijuana-related emergency room visits (per 1,000 people) from 2011-2013. In 2014-2015, that number increased to 56 visits per 1,000 people. Dr. Marc Doucette of St. Anthony Summit Medical Center stated, "We certainly do see patients that come in with adverse effects related to marijuana." In response to the recent statistics released by the Colorado Department of Public Health and Environment, Doucette said, "I was a little surprised to see that but it speaks to the fact that most of our population, especially in the ski season, are out-of-state patients and tourists." Discussing the types of patients and cases presenting to the emergency room, Dr. Doucette reported "Often we see complications related to edible products." "Hospital officials say they did notice the uptick in people coming in for help following the legalization of marijuana in the state in 2014. They say most of those cases were patients visiting from outside of Colorado." 6 ER Visits for Kids Rise Significantly after Pot Legalized in Colorado: In 2017, researchers reported "the number of teenagers sent to emergency rooms more than quadrupled after marijuana was legalized in Colorado—mostly for mental health symptoms." Dr. George Sam Wang, a Colorado physician, was the lead researcher who authored a study which examined Colorado youth, marijuana use and associated emergency room visits. According to a May 2017 article published by NBC News, "639 teenagers who went to one hospital system in Colorado in 2015 had either cannabis in their urine or told a doctor they'd been using cannabis. That's up from 146 in 2005,before the use of marijuana was legalized in Colorado." "In 2016 Wang found that the average rate of marijuana-related visits to the children's hospital doubled after legalization. Poison center calls about marijuana went from nine in 2009 to 47 in 2015." In the 2017 interview by NBC News, Dr. Wang explained that "The perception of risk has gone down quite a bit." In the same interview, he goes on to say that "People believe marijuana is safe—but it is not." SECTION 4: Emergency Department and Hospital Marijuana-Related Admissions Page 178 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Mysterious Illness Tied to Marijuana Use on the Rise in States with Legal Weed: An Indianapolis physician recently diagnosed a condition in a patient, Lance Crowder, who had been experiencing severe abdominal pain and vomiting for over two years. None of the local physicians had been able to diagnose the problem, until now. Over the past several years there has been an increase in the number of emergency room visitors presenting with the same exact signs and symptoms as Lance, known as cannabinoid hyperemesis syndrome (CHS). Dr. Kennon Heard of Aurora, Colorado co-authored a study published in 2015 which showed that when medical marijuana became widely available, emergency room visit diagnoses for CHS in two Colorado hospitals nearly doubled. "It is certainly something that, before legalization, we almost never saw," Heard said in an interview. "Now we are seeing it quite frequently." "CHS has only been recognized for about the past decade, and nobody knows exactly how many people suffer from it. But as more states move towards the legalization of marijuana, emergency room physicians like Dr. Heard are eager to make sure both doctors and patients have CHS on their radar." 8 For Further Information on Emergency Department Visits and Hospitalizations See Page 155 SECTION 4: Emergency Department and Hospital Marijuana-Related Admissions Page 179 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Sources 1 American Academy of Professional Coders, "ICD-10 FAQ" <https://www.aapc.com/icd-10/faq.aspx>, accessed August 1, 2017. 2 Medical Expenditure Panel Survey 2014, "Emergency Room Services-Median and Mean Expenses per Person With Expense and Distribution of Expenses by Source of Payment: United States," U.S. Department of Health and Human Services. 3 Karen Randall, DO, "MJ ER Visits/Exposure," e-mail message, September 14, 2017. 4 Brad Roberts, MD, "MJ ER Visits/Exposure," e-mail message, September 15, 2017. 5 Brad Roberts, MD, "Dangers of Marijuana Experienced Firsthand," May 15, 2017, <http://www.acepnow.com/article/dangers-marijuana-experienced-firsthand/>, accessed August 9, 2017. 6 Matt Kroschel, "Pot-Related ER Visits Increase Among Visitors To Colorado," February 14, 2017, <http://denver.cbslocal.com/2017/02/14/pot-related-er-visits- increase-among-visitors/>, accessed September 12, 2017. 7 Maggie Fox, "ER Visits for Kids Rise Significantly After Pot Legalized in Colorado," NBC News, May 5, 2017, <http://www.nbcnews.com/health/health-news/er- visits-kids-rise-significantly-after-pot-legalized-colorado-n754781>, accessed May 4, 2017. 8 Jonathan Lapook, "Mysterious illness tied to marijuana use on the rise in states with legal weed," KKTV/CBS, December 28, 2016, <http://www.kkty.com/content/news/Mysterious-illness-tied-to-marij uana-use-on-the- rise-in-states-with-legal-weed-408565045.html>, accessed August 2, 2017. SECTION 4: Emergency Department and Hospital Marijuana-Related Admissions Page 180 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 SECTION 5: Marijuana-Related Exposure Some Findings • Marijuana-related exposures increased 139 percent in the four-year average (2013-2016) since Colorado legalized recreational marijuana compared to the four-year average (2009-2012) prior to legalization. • Marijuana-related exposures in children (ages 0 to 5) nearly tripled in the four- year average (2013-2016) since Colorado legalized recreational marijuana compared to the four-year average (2009-2012) prior to legalization. • For adults 26 years of age or older, nearly triple the amount of yearly marijuana- related exposures occurred in 2013-2016 as compared to 2009-2012. • Marijuana only exposures more than doubled (increased 210 percent) in the four-year average (2013-2016) since Colorado legalized recreational marijuana compared to the four-year average (2009-2012) prior to legalization. Definitions Marijuana-Related Exposure: Any phone call to the Rocky Mountain Poison and Drug Center in which marijuana is mentioned. Marijuana Only Exposure: Marijuana was the only substance referenced in the call to the poison control center. Data SECTION 5: Marijuana—Related Exposure Page 181 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Average Number of Marijuana-Related Exposures, All Ages 250 — — 201 cu E 200 z 150 84 ra59 100 50 427 139% Increase Increase 2006-2008 2009-2012 2013-2016 Pre-Commercialization Post-Commercialization Recreational Legalization SOURCE: Rocky Mountain Poison and Drug Center Marijuana-Related Exposures 250 Legalization 223 224 231 200 Commercialization p. 150 127 ° 95 110 117 101 100 70 v 86 92 62 67 45 44 45 39 50 50 26 26 27 21 0 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 —+—Total Marijuana Cases 45 70 62 44 95 86 110 127 223 231 224 Youth(0-18)Cases 21 26 26 27 45 39 50 67 92 117 101 SOURCE: Rocky Mountain Poison and Drug Center Report,Colorado Marijuana Statistics for 2016 SECTION 5: Marijuana—Related Exposure Page 182 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Average Marijuana-Related Exposures by Age Range 2006-2008 ■2009-2012 0 2013-2016 Pre-Commercialization Post-Commercialization Legalization 68 70 x °t.' 60 0 ¢ 50 4._ 0 F4 a 40 37 31 32 0 30 24 Z 20 17 20I 13 ` 12 11 13 .111 10 6 1 2 3 I 111 0-5yrs 6-12yrs 13-14yrs 15-17yrs 18-25yrs 26+yrs SOURCE: Rocky Mountain Poison and Drug Center Average Percent of All Marijuana-Related Exposures, Children Ages 0 to 5 Years Old ■National ■Colorado 18.26% 20.00% 0 18.00% 15.22% 16.00% v 14.00% v 12.00% t 10.00% 6.78% 7.07%, et t 8.00% 3.59°f° 4.66% d 6.00% 100100 4.00% 2.00% f_ . 0.00% 2006-2009 2010-2012 2013-2016 SOURCE: Rocky Mountain Poison and Drug Center SECTION 5: Marijuana—Related Exposure Page 183 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Number of Marijuana Only* Exposures Reported 160 Legalization 151 153 142 140 III o. 120 100 88 Commercialization o 80 61 60 33 O 97 40 32 40 28 29 27 25 34 25 • 20 I I I I II I I 11111 I I I I a 0 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 'Marijuana was the only substance referenced in the call to the poison control center SOURCE: Rocky Mountain Poison and Drug Center Case Examples Rocky Mountain Poison and Drug Center: "Caller asking if there is such thing as a withdrawal phenomenon with marijuana? Her daughter is home from college and she is having major anxiety since being home and not smoking her daily weed. She also wants to know if it will'hurt her brain' while in college if she smokes regularly? She was advised that yes, withdrawal has been described after heavy use. And that yes, there could be effects to her brain." "Caller concerned—had out of town guests staying at her house. Made a favorite pie one day when they were out, and substituted marijuana oil for the normal amount of oil. She did not intend for her guests to eat her pie. Guests ate a significant amount one day when she was upstairs and developed paranoia, confusion, and feeling'stoned.' The effects wore off the next day." SECTION 5: Marijuana-Related Exposure Page 184 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 "Caller ate a couple marijuana gummys [sic] while at work, not knowing they were MJ-containing. Developed lightheadedness and dizziness, which resolved the next day without any treatment." "Caller asking if marijuana can be transferred to baby who is breast-feeding." "Caller says her spouse ingested an edible containing THC and felt nauseous. Then took an OTC [over the counter] medicine to counteract the queasiness, and then felt worse (foggy, dizzy, confused). PC referred caller to an Emergency Department because of her worsened status." Colorado dog dazed and confused: In late 2016, Colorado resident Heidi Sodetz took her two golden retrievers for a run on Tenderfoot Mountain. According to the resident, one of the dogs began to act strangely approximately an hour after the run. Lenni was "...barely moving, not responsive and even peed herself on the carpet, something she never does." The dog was taken to the Buffalo Mountain Animal Hospital in Silverthorne, CO to investigate what was happening. Based on the signs and symptoms, the local veterinarian was immediately suspicious of THC being in the dog's blood. The dog tested positive for THC, the psychoactive ingredient in marijuana. According to the owner, who claims to not use the drug, "the only plausible explanation was that Lenni had eaten a marijuana edible that someone had dropped on the trail." Dr. Michelle Gross, Lenni s primary care provider said "For me, lately it's been about one or two a month, but it used to be maybe once a year." Coincidentally, there were two additional dogs being treated for marijuana exposure at the same facility at the same time. 2 For Further Information on Exposures See Page 157 Sources I Rocky Mountain Poison and Drug Center, August 2017. 2 Jack Queen, "Colorado dog dazed and confused after eating marijuana edibles found on trail," Summit Daily, <http://www.summitdaily.com/news/marijuana/in- colorado-marijuana-edibles-increasingly-sending-dogs-to-the-animal-er/>, accessed September 12th 2017. SECTION 5: Marijuana—Related Exposure Page 185 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 THIS PAGE INTENTIONALLY LEFT BLANK SECTION 5: Marijuana-Related Exposure Page 186 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 SECTION 6: Treatment Some Findings • Marijuana treatment data from Colorado in years 2006—2016 does not appear to demonstrate a definitive trend. Colorado averages 6,683 treatment admissions annually for marijuana abuse. • Over the last ten years, the top four drugs involved in treatment admissions were alcohol (average 13,551), marijuana (average 6,712), methamphetamine (average 5,578), and heroin (average 3,024). Data Treatment with Marijuana as Primary Substance of Abuse, All Ages 8,000 7,000 0 6,000 ® t 5,000 IllillIllIll w 4,000 IIIJI1111111 11141 v 3,000 1111111 l i i I 22000 11111111111 1,0000 44 • IIIA ■ 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 SOURCE: Center for Behavioral Health Statistics and Quality,Substance Abuse and Mental Health Services Administration,Treatment Episode Data Set(TEDS)Based on administrative data reported by States to TEDS through July 6,2017 SECTION 6: Treatment Page 187 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Drug Type for Treatment Admissions, All Ages 16,000 , 14,000 12,000 10,000 8,000 6,000 - Ama- 4,000 2,000 IMMIMOr -- 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Alcohol 10,168 11,721 12,094 13,382 13,873 13,292 13,422 14,834 14,008 14,381 12,810 13,415 -l-Marijuana 5,558 5,708 6,144 6,900 7,074 6,903 6,687 7,056 6,877 6,907 6,267 6,307 -*-Meth 5,081 5,066 5,109 4,939 4,543 4,451 4,361 5,002 5,723 6,924 6,859 7,871 -a-Cocaine 2,934 3,481 3,459 3,685 3,031 2,521 2,368 2,276 1,748 1,657 1,484 1,377 - -Heroin 1,519 1,369 1,349 1,487 1,728 1,785 2,225 2,746 3,223 4,491 5,063 6,142 - Prescription 749 875 1,014 1,274 1,526 1,734 1,929 2,345 2,270 2,306 1,771 1,935 Other 324 330 420 131 121 91 125 151 152 177 192 555 SOURCE: Colorado Department of Health Services,Office of Behavioral Health,2005-2016 SECTION 6: Treatment Page 188 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Percent of Marijuana Treatment Admissions by Age Group 60 50t.►y- ----lc 40 d30 O`..�....' 20 - N.. v V �-1 10 0 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 -41-12-17 31.2 28.2 28.3 28.7 29 27.7 24.1 22.4 19.8 18.8 22.5 -4111-18-20 13 13.3 13 14 12.9 11.9 12.1 11.2 9.4 9.4 9.4 -21-25 20 20.2 19.6 20.2 20.5 19.9 20.5 20.9 22.4 21.3 19.2 -04-26+ 35.8 38.3 39.1 37.1 37.6 40.5 43.3 45.5 48.7 50.5 48.8 SOURCE: Center for Behavioral Health Statistics and Quality,Substance Abuse and Mental Health Services Administration,Treatment Episode Data Set(TEDS) Based on administrative data reported by States to TEDS through July 6,2017 SECTION 6: Treatment Page 189 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Marijuana Treatment Admissions Based on Criminal Justice Referrals -4—Ages 17 and Under --Ages 18-25 1,600 - 1,448 1,347 1,307 1,328 1,320 1,400 1291 1287 1,202 1,204 1,204 ' 0 1200 1,062 cn 1,238 1,000 TS 985 1,015 997 • 800 1,054 1,01 821 805 826 -0 600 06 660 Z 400 200 0 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 SOURCE: Colorado Department of Health Services,Office of Behavioral Health,2005-2016 Comments from Colorado Treatment Providers "...Symptoms Are So Debilitating...": "Many patients minimize the consequences of cannabis use, yet they consistently report that they have become isolated, paranoid and unable to effectively interact with the outside world. In treatment, there has been a consistent increase in psychosis associated with patients who use cannabis. Thought broadcasting, thought insertion, ideas of reference and command hallucinations are not uncommon. These symptoms often occur in the absence of any other psychiatric disorder. The symptoms appear to decrease over time, with more time in recovery, but it is unclear whether the symptoms are long lasting. Since these symptoms are so debilitating, it is crucial to learn more about the long term effects of cannabis use." "...Lives Have Been Completely Disrupted...": "In my professional experience, have definitely seen more cannabis use in the individuals I am treating. I've also seen an increasing number of young men coming into treatment with symptoms of mania, psychosis and dangerous behaviors associated with cannabis use. Their lives have been completely disrupted due to the cannabis use. Unfortunately, abstinence from the cannabis use alone is not enough to make the symptoms go away. They require mood stabilizing and anti-psychotic medications to get to a point that they can communicate SECTION 6: Treatment Page 190 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 coherently enough and trust others enough to participate in therapy. I do think this is related to the increased availability and potency, and this is consistent with the scientific literature. On a personal note, my 10 and 11 year old children know what cannabis smoke smells like, identifying cannabis in the area rather than wondering if it is a skunk. Public use occurs everywhere. Children call each other, `vapers,' in their less kind moments, and children with anything green are made fun of. One of my 11 year old's friends since preschool was allegedly expelled for selling cannabis on the 5th grade campus. As a parent, I'm terrified for the future of our children." 2 "...Psychosis and Cannabis is Well Documented...": "We recently reviewed data for patients receiving treatment in the residential portion of our substance abuse treatment center, CeDAR. What we found was that patients who met criteria for a cannabis use disorder were markedly younger than those that did not, were much more likely to have other substance use disorders (an average of 2.8 substance use disorder diagnoses vs 1.9 substance use disorder diagnoses when cannabis use disorder was excluded) and there was a trend towards more mental health pathology in this data set as well. Anecdotally, I and my colleagues have seen the number of patients with cannabis use disorder admitted to our facility increase over time. The amount of cannabis that patients describe consuming is also increasing, while the age they report first starting to use is decreasing. Overall the severity of cannabis use disorder we see appears more severe as do the psychosocial sequelae of this addiction. The link between psychosis and cannabis is well documented and it is becoming routine to admit young men who have used cannabis since early adolescence and who present with psychosis. Many of these patients may suffer long standing neuropsychiatric symptoms as the result of cannabis use. The burden of this illness is disproportionately falling on our younger population." Case Examples Colorado Doctor's Warning to Vermont: Dr. Karen Randall, a practicing emergency medicine physician out of Pueblo, CO, described her first-hand experience of how marijuana has affected her community in Pueblo. Dr. Randall tells Vermont voters how the marijuana industry originally lured her community into becoming "the Napa Valley of Pot" by promising jobs and tax income but instead her community received an influx of homeless and low income jobs where workers are a burden on the Medicaid system SECTION 6: Treatment Page 191 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 and other government assistance programs. Furthermore, she describes how "the number of youth testing positive for marijuana plus methamphetamine and/or heroin" has increased in her hospital as marijuana use becomes "normalized in public by some parents." According to Dr. Randall, in 2016, "257 of 300 community physicians signed an open petition in the paper in support of reversing the marijuana stance in [Pueblo] county." She urges Vermont voters to ask "local professionals how they feel" about the issue before voting.' For Further Information on Treatment See Page 157 Sources 1 Bari K Platter, MS, RN, PMHCNS-BC, Clinical Nurse Specialist, Center for Dependency, Addiction and Rehabilitation (CeDAR), University of Colorado Health, Aurora, Colorado, August 2016. 2 Laura F. Martin, M.D. Distinguished Fellow of the American Psychiatric Association, American Board of Addiction Medicine Diplomate Medical Director, Center for Dependency, Addiction and Rehabilitation (CeDAR), Associate Professor, Department of Psychiatry, University of Colorado School of Medicine, August 2016. Ruth Marie Huhn, M.D., Board Certified Attending Psychiatrist at the Center for Dependency, Addiction and Rehabilitation (CeDAR), Instructor, Department of Psychiatry, University of Colorado School of Medicine, August 2016. 4 Dr. Karen Randall, UTDIGGER, "Karen Randall: Marijuana legalization from a Colorado community member," <https://vtdigger.org/2017/06/20/karen-randall- marijuana-legalization-colorado-community-member/#.WcFCX8KWy71> accessed September 19, 2017. SECTION 6: Treatment Page 192 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 SECTION 7: Diversion of Colorado Marijuana Some Findings • In 2016, RMHIDTA Colorado drug task forces completed 163 investigations of individuals or organizations involved in illegally selling Colorado marijuana both in and out of state. o These cases led to: • 252 felony arrests • 7,116 pounds (3.5 tons) of marijuana seized • 47,108 marijuana plants seized • 2,111 marijuana edibles seized • 232 pounds of concentrate seized • 29 different states to which marijuana was destined • Highway interdiction seizures of Colorado marijuana increased 43 percent in the four-year average (2013-2016) since Colorado legalized recreational marijuana compared to the four-year average (2009-2012) prior to legalization. • Highway interdiction seizures of Colorado marijuana increased 20 percent from 288 in 2013, when recreational marijuana was legalized, to 346 in 2016. • Of the 346 highway interdiction seizures in 2016, there were 36 different states destined to receive marijuana from Colorado. o The most common destinations identified were Illinois, Missouri, Texas, Kansas and Florida. o Approximately half of all seizures (48 percent) containing Colorado marijuana originated from Denver. SECTION 7: Diversion of Colorado Marijuana Page 193 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Definitions Colorado Marijuana Investigations: RMHIDTA Colorado drug task forces investigating individual or organizations involved in illegally selling Colorado marijuana, both within and outside of the state. These investigations only include those reported by the ten RMHIDTA drug task forces. Colorado Marijuana Interdictions: Incidents where state highway patrol officers stopped a driver for a traffic violation and subsequently found Colorado marijuana destined for other parts of the country. These interdiction seizures are reported on a voluntary basis to the National Seizure System (NSS) managed by the El Paso Intelligence Center (EPIC). These are random traffic stops, not investigations, and do not include local law enforcement data. ❖ A Colorado document contained the following statement in one of their presentation slides: "Data prior to 2014 is not comparative due to changes in the reporting. The RMHIDTA began entering seizure data into the NSS beginning January 1, 2014 and that resulted in a spike of seizures being reported. There has not been a discernable upward trend in seizures since retail sales began in 2014." This statement is inaccurate and misleading. The data used in the Rocky Mountain HIDTA report is only highway patrol seizures and not from any of the task forces or drug units. This is the same dataset that RMHIDTA has been using since 2005. SECTION 7: Diversion of Colorado Marijuana Page 194 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Data on Marijuana Investigations NOTE: THE CHARTS ONLY' NCLUDE COMPLETD INVESTIGATIONS REPORTED BY THE TEN RMHIDTA DRUG TASK FORCES.IT IS UNKNOWN HOW MANY OF THESE TYPES OF INVESTIGATIONS WERE COMPLETED BY NON-RMHIDTA DRUG UNITS OR TASK FORCES. ❖ The RMHIDTA drug task force unit commanders feel that the Colorado marijuana investigations completed in 2016 only impacted a relatively small portion of actual operations involved in illegally selling Colorado marijuana both in and out of state. In 2016, ten RMHIDTA Colorado drug task forces completed 163 investigations of individuals or organizations involved in illegally selling Colorado marijuana both within and outside of the state. The task forces seized approximately 3.5 tons of marijuana;47,108 plants; 2,111 edibles; and 232 pounds of concentrate. There were 252 felony marijuana arrests and 29 different states identified as to where the Colorado marijuana was being sent. RMHIDTA Colorado Task Forces: Marijuana Investigation Seizures 10,000.00 ,14 8,000.00 7,115.61 ci 6,000.00 m 4,000.00 , 2,000.00 1489.53. ... ... 425.00_ 1,028.62 0.00 2013 2014 2015 2016 SOURCE: Rocky Mountain HIDTA Performance Management Process(PMP)Data SECTION 7: Diversion of Colorado Marijuana Page 195 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 RMHIDTA Colorado Task Forces: Marijuana Investigative Plant Seizures n a)• 60,000 47,108 cn 50,000 g 40,000 • 20,000 14,979 n j 7,290 10,000 5215 z 0 2013 2014 2015 2016 SOURCE: Rocky Mountain HIDTA Performance Management Process(PMP)Data • Marijuana Concentrate Seizures o 2016: 232.12 pounds of hash oil (1,099 percent increase from 2015). o 2015: 19.36 pounds of hash oil. o Data not collected prior to 2015. • Marijuana Edible Seizures a 2016: 2,111 individual edible items (633 percent increase from 2015). o 2015: 288 individual edible items. o Data not collected prior to 2015. RMHIDTA Colorado Task Forces: Marijuana Investigative Felony Arrests 300 252 I cu 250 200 150 138 130 °) 81 100 .. 50 z 0 2013 2014 2015 2016 SOURCE: Rocky Mountain HIDTA Performance Management Process(PMP)Data SECTION 7: Diversion of Colorado Marijuana Page 196 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Data on Highway Interdictions NOTE: THE CHARTS ONLY INCLUDE CASES WHERE COLORADO MARIJUANA WAS ACTUALLY SEIZED AND REPORTED. IT IS UNKNOWN HOW MANY COLORADO MARIJUANA LOADS WERE NOT DETECTED OR,IF SEIZED,WERE NOT REPORTED. ❖ A 2014 survey of approximately 100 interdiction experts estimates that 10 percent or less of marijuana being trafficked is ceased by state highway patrol agencies. Average Colorado Marijuana Interdiction Seizures 347.._._____—_ 350 v 300 riP .E,11 250 G . a.r cr W � 0 200 150 a, 100 50 65°fo 43"o Increa 2006-2008 2009-2012 2013-2016 Pre-Commercialization Post-Commercialization Legalization SOURCE: El Paso Intelligence Center,National Seizure System,as of August 28th,2017 SECTION 7: Diversion of Colorado Marijuana Page 197 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Colorado Marijuana Interdiction Seizures 450 --- Legalization 394 400 I 360 346 350 3 1 300 281 28: Commercialization 7A 250 T., 200 0 Q 150 V I 100 9, z 54 Al 7 58 50 0 ( 1 i I I I 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 SOURCE: El Paso Intelligence Center,National Seizure System,as of August 28th,2017 Average Pounds of Colorado Marijuana from Interdiction Seizures 3,627 4,000 25Th „61 3,500 g 3,000 �I 2,500 al 0) 2,000 MI 1,500 al -7714 1,000 , 500 stI •alek 2006-2008 Pre- 2009-2016 Post- Commercialization Commercialization SOURCE: El Paso Intelligence Center,National Seizure System,as of August 28th,2017 ❖ In the four years (2013-2016) of legalized recreational marijuana in Colorado, highway patrol seizures have resulted in over 6 tons of Colorado marijuana being seized (12,873 pounds). SECTION 7: Diversion of Colorado Marijuana Page 198 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 States to which Colorado Marijuana was Destined, 2016 (Total Reported Incidents per State) I ,,,,,,- , Qyr ,.. �. Wi.00irN*As,, car. s so.ram. ; 14 e acs �M: California �' �° le Ka..�. 37 ', . ry4 2 24 ,„ e 11,' .urs ixv„„ 1 0 " � . 19 t.wc..y:4 a yr 1!1 `°'" s / . ie,s t . tt yrrta,. ,,, 2 1 s w ` . ❖ There were 15 seizures for which the destination was unknown. Top Three Cities for Marijuana Origin Originating City Number of Seizures Rank from Percent Originating City 1. Denver 166 48% 2. Colorado Springs 34 10% 3. Aurora 13 4% *Of the 346 seizures, only 283 seizures had an origin city identified. The numbers above represent the top three cities from which Colorado marijuana originated. The percent was calculated from known origin cities. SOURCE: El Paso Intelligence Center,National Seizure System,as of August 28th,2017. SECTION 7: Diversion of Colorado Marijuana Page 199 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Case Examples of Investigations NOTE: TEE EXAMPLES BELOW ARE ONLY A SMALL SAMPLE OF THE MANY INVESTIGATIONS INVOLVING COLORADO MARIJUANA CITED BY VARIOUS DRUG UNITS. Dozens of Indictments in Largest Illegal Marijuana Trafficking Ring Bust since Legalization: Colorado Attorney General Cynthia Coffman announced that the largest illegal marijuana trafficking investigation has resulted in arrests in late June of 2017. The trafficking organization spanned five states, and the investigation resulted in 62 people having files charged against them. More than 20 law enforcement organizations were involved in the investigation and/or takedown which included the Denver Police Department and the U.S. Drug Enforcement Administration. According to Coffman, this single investigation is a prime example of how the marijuana black market continues to flourish in Colorado. During raids, agents seized 2,600 marijuana plants and another 4,000 lbs. of marijuana. As a whole, the trafficking ring produced an estimated 100 lbs. of marijuana a month, which is sold for approximately $2,000 per pound on the black market in Colorado. ' Indictment in Colorado Pot Biz's Largest Fraud Case Ever: Scott Pack was indicted by a grand jury in what attorney Matthew Buck referred to as "the largest fraud case in the history of Colorado's marijuana industry." The large operation that distributed Colorado grown marijuana across state lines ended in the indictment of sixteen people. Among those indicted was Renee Rayton, a former Marijuana Enforcement Division employee. According to attorney Matthew Buck, "There are potentially victims for as much as $10 million. Scott Pack's company is one of the larger marijuana companies in Colorado. They own a significant number of licenses, and through a series of shell companies, they hold the leases on many buildings across the state." In the Westword article published June of 2017, Buck continued to describe the details of the indictment, and said "[Scott Pack] had a sophisticated understanding of how to use loopholes to get around state law." 2 Arrests Made in South Pueblo County Marijuana Grow: According to a press release by the Pueblo County Sheriff's Office, three individuals were arrested on April 13th, 2016 in connection with an illegal marijuana grow operating from within a Pueblo, CO home. In total, 180 marijuana plants were found growing in the home being occupied by the three individuals. The three individuals had been living in Florida, but were originally from Cuba. One of the three individuals had recently purchased the home in February of 2016. SECTION 7: Diversion of Colorado Marijuana Page 1 100 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Although the press release did not specifically state that the marijuana was being illegally trafficked outside the state, several indicators suggest that the marijuana was intended to leave Colorado. Twelve people, all from Florida,have been arrested in seven separate illegal marijuana grow operations discovered in Pueblo County on March 30th and April 14th, 2016. Five of the twelve individuals were originally from Cuba. Individuals Indicted for an Illegal Home-grow Also Possess Legal Marijuana Licenses: In March 2017, 16 people were indicted for participating in a massive illicit marijuana home-grow operation. Of the 16, eight are recorded as having active or expired licenses to work in the legal marijuana business including the ringleader, Michael Alan Stonehouse, who acts as a consultant for the marijuana industry in Colorado. According to authorities, the group cultivated their marijuana in properties in Colorado Springs, Castle Rock, Elbert County and Denver and then diverted the marijuana to Illinois, Arkansas, Minnesota and Missouri to make a higher profit. 4 All in the Family Marijuana Operation: Weld County Drug Task Force received a crime tip that a family was involved in cultivating and distributing marijuana from properties located in Weld County. Information was that they were shipping the marijuana out of state as motor cycle parts using "runners" utilizing parcel post. A search warrant was served on the rural properties of the father and mother where officers discovered 101 marijuana plants and marijuana in vacuum sealed bags. However, the mother and father were able to show they had medical marijuana licensing allowing them to have 50 marijuana plants each and 16 ounces of edibles. A search warrant on the son's and daughter-in-law's rural residence did not have any documentation and led to the seizure of 379 marijuana plants, 70 pounds of marijuana, 13 pounds of edibles, 6 shot guns, 6 rifles, and 6 pistols. One of the "runners" was at the scene and arrested for having multiple pounds of dried marijuana in vacuum sealed containers and edibles hidden in his vehicle. Laotian Marijuana Operation: Southern Colorado Drug Task Force managed by DEA began an investigation of a Laotian drug trafficking organization that had relocated to Colorado from Arkansas and California. This organization had 12 different cultivation marijuana sites located in 5 different counties in southeast Colorado. Task force officers served search warrants seizing 2,291 marijuana plants, 2,393 pounds of processed marijuana. Also seized were 4 hand guns and 6 long guns. 5 Rental House Remodel: In February 2016, Western Colorado Drug Task Force arrested two Cubans from Florida for illegally growing marijuana for distributions. These two rented a $750,000 house and modified it to cultivate marijuana at a cost of about SECTION 7: Diversion of Colorado Marijuana Page 1101 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 $50,000. Both subjects obtained medical marijuana cards with a doctor's recommendation for 99 plants each. Agents seized the "first round of plants" (63), equipment for a butane hash-oil lab and a hand gun. 5 Florida and Colorado Connection: Southern Colorado Drug Task Force managed by DEA executed search warrants in the Pueblo area targeting a drug trafficking organization that had relocated from Florida to Colorado for sole purpose of setting up a large scale marijuana grow operation. As a result of a search warrant, officers seized 1,900 marijuana plants, 17 pounds of processed marijuana, 2 butane hash oil extraction labs and 9 fire arms. There was an independent seizure in Texas that the group was responsible for which included 12 pounds of marijuana and marijuana shatter. The search warrant resulted in 7 arrests. 5 Marijuana and Guns: Southwest DTF with DEA targeted a drug trafficking organization responsible for cultivation and distribution of hundreds of pounds of marijuana outside the state of Colorado. Search warrants were served on a number of residents where officers discovered marijuana cultivation as well as 480 pounds of packaged marijuana, 13 fire arms and numerous expired "medical" marijuana licensing documents. 5 Large BHO Lab Seized: West Metro Drug Task Force served a search warrant on a residence in Jefferson County. Officers seized 2 large butane hash oil labs along with 5 five-gallon butane tanks, 271 marijuana plants,hash and numerous guns. Officers also discovered documentation confirming the distribution of hash and marijuana to Florida. 5 Florida Cuban Drug Trafficking Organization: In May 2016, Southern Colorado Drug Task Force executed search warrants at 5 different residential locations operated by a group of Cubans from Florida. These grow operations were in Pueblo County and offices seized a total of 214 marijuana plants, 55 pounds of processed marijuana and over$100,000 in grow equipment. 5 Mississippi Connection: In August 2016, Western Colorado Drug Task Force arrested two suspects from Mississippi who recently moved to Colorado to cultivate marijuana and to distribute it back to Mississippi. They rented an upscale house and made major modifications including theft of electrical power. About 50 percent of the living space of the home was used to cultivate marijuana. Agents seized 306 marijuana plants and turned the three young children who were living in the house over to Child Protective Services. 5 SECTION 7: Diversion of Colorado Marijuana Page 1 102 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Marijuana Bust in Northeast Colorado Springs: In July of 2017, federal agents hauled at least 180 marijuana plants out of a private residence in northeast Colorado Springs. Although authorities did not disclose many details of the investigation, they did disclose that one person was taken into custody, and that they had prior knowledge of the illegal marijuana grow inside the home. The home was currently being rented, and the owner lived out of state. It wasn't stated whether or not marijuana was being trafficked outside of Colorado,but a 180 marijuana plant operation is certainly enough to contribute significantly to an illegal trafficking operation. 6 Colorado Deputy Finds 180 Pounds of Marijuana Mixed in with Tractor Trailer's Onion Load: In December of 2016, a Sheriff's Deputy with Prowers County in southeastern Colorado made an interesting discovery. The truck was pulled over after remaining in the passing lane while traveling from Brighton, CO to Naples, Florida. The driver of the vehicle consented to the search of the vehicle after the deputy issued a warning for the driving infraction. Upon further investigation, the deputy found over 180 lbs. of marijuana mixed in among a load of onions being hauled by a tractor-trailer. In total, there were three trash bags containing marijuana, and eight packages of plastic wrapped marijuana concealed in the trailer. Case Examples of Interdictions Tractor-Trailer Marijuana Transport: May 2017, Florida Highway Patrol stopped a semi-truck and trailer traveling southbound through Alachua, FL. Upon search of the vehicle, 170 lbs. of marijuana was located and seized by state troopers. The vehicle was traveling from Colorado to Florida. 8 Motorhorne Carrying 100 Pounds of Pot Seized in Tennessee: In August of 2016, a Tennessee Highway Patrol trooper pulled over a vehicle after observing several indicators of possible criminal activity. After requesting backup and obtaining permission to search the vehicle, law enforcement officials found several duffel bags and boxes filled with marijuana. The various containers of marijuana were located in the bedroom area of the motorhome. In total, the various bags and boxes contained approximately 100 pounds of illegally trafficked marijuana. The driver admitted that he obtained the marijuana in Colorado and he was headed to Florida. 9 Texas DPS Seizes Load Destined for Florida:January 2016, the Texas Department of Public Safety stopped a passenger van traveling southbound US-81. The state trooper SECTION 7: Diversion of Colorado Marijuana Page 1103 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 developed reasonable suspicion of criminal activity, and searched the vehicle based on verbal consent provided by the driver. Upon search of the vehicle, over 72 lbs. of marijuana was located in the vehicle. The trip originated in Colorado Springs, CO and was destined for Jacksonville, Florida. 8 Reckless Driving Leads to Over 76 lbs of Marijuana: February 2016, Colorado State Patrol stopped a vehicle due to several public complaints of reckless driving. Initially, the driver of the vehicle would not pull over,but eventually pulled to the side of the road. Upon further investigation, the trooper discovered over 76 lbs. of marijuana and over$20,000 inside the vehicle. Although the driver's travel plans were not made clear, the driver was a Florida resident. ' Colorado Marijuana Variety Headed to Illinois:April 2017, two Illinois residents who recently left Colorado were stopped by Nebraska State Patrol while speeding eastbound along I-80. Upon contact with the driver and passenger, the smell of marijuana was immediately detected by the state trooper. After both occupants admitted that there was marijuana in the vehicle, a thorough search was conducted. Over 4 ounces of marijuana, a limited amount of hash oil infused marijuana, 161 THC infused edibles, marijuana seeds, THC vaporizer oil cartridges, marijuana wax and several items of paraphernalia were discovered in the vehicle. Illinois: May 2017, a Dodge Charger was stopped for speeding while traveling eastbound along I-80 in Nebraska. The smell of marijuana was immediately detected as the state trooper approached the vehicle. Upon a probable cause search, the four Illinois residents inside the vehicle were found to be in possession of approximately 1.5 lbs. of marijuana, over a hundred THC edibles, nearly two ounces of THC "shatter," 5 grams of THC "wax," 8 freshly rolled "joints," several recently smoked "joints," and other items of paraphernalia. 8 Indiana"Marijuana Head"with Colorado Marijuana:April 2017, a Kansas Highway Patrol Trooper stopped a vehicle traveling from Colorado to Indiana with THC "Shatter," THC "Budder," 54 THC cartridges, 6 lbs. of marijuana, various other marijuana items and a loaded .40 caliber handgun. The suspect claimed all the marijuana was for the consumption of those within the vehicle, and he went on to explain that he is a "marijuana head" and that he had been smoking marijuana since he was a kid. 8 Colorado Marijuana to Iowa: February 2016, Colorado State Patrol stopped a vehicle traveling from Brighton, Colorado to Des Moines, Iowa. The stop resulted in the arrest of the driver from Des Moines, Iowa, passenger from Clearlake, Iowa and the seizure of SECTION 7: Diversion of Colorado Marijuana Page 1 104 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 8 lbs. of marijuana, 85.05 grams marijuana concentrate, and a S/W M&P 9mm handgun. The vehicle was initially stopped for a signal violation. The marijuana was located inside a large clothing duffel bag in the vehicle's trunk.10 Colorado Marijuana Plants to Kentucky: May 2017, a vehicle was stopped in eastern Colorado while traveling eastbound from Boulder, Colorado to Lexington, Kentucky. After the driver provided his consent to search the vehicle, Colorado State Patrol located 288 individual marijuana plants inside the vehicle. 8 Colorado Marijuana to Maryland: November 2016, an Ohio State Highway Patrol Trooper stopped a vehicle traveling eastbound along I-80. The driver was a Colorado resident traveling to Maryland. After the driver displayed several indications of criminal activity, a canine was allowed to perform an "exterior sniff" of the vehicle. The canine alerted to the presence of an illegal substance. After a thorough search, law enforcement found a variety of cannabis products in the vehicle (chocolate bars, gummies, etc.). Upon questioning, the driver said that he's from Colorado where it's legal to have marijuana. " Maryland:June 2017, an Ohio State Highway Patrol Trooper stopped a car-hauler traveling eastbound along I-70. Upon investigation, the State Trooper became suspicious of both vehicles being transported on the car-hauler. After driver consent and a subsequent external canine search, a probable cause search was performed and approximately 5 lbs. of marijuana along with 108 vials of liquid THC were discovered in one of the vehicles being transported. The vehicle was being shipped from Denver, Colorado to Bethesda, Maryland. There were no indications that the driver of the car- hauler knew he was illegally transporting marijuana. 12 Minnesota— Medical Marijuana for Distribution: April 2017, a vehicle was stopped while traveling eastbound along 1-80 in North Platte, Nebraska. The driver immediately claimed to be a medical marijuana patient who had been diagnosed with multiple sclerosis. Upon further investigation, the driver was found to be in possession of a substantial amount of marijuana, THC liquid vials, and other edible THC products that were packaged in a way that made the state trooper suspicious that the marijuana was intended for distribution. Several of the bags of THC edibles were actually labeled with individual's names. It is assumed that these individual were the intended recipients of the marijuana infused products. The vehicle was traveling from Colorado to Minnesota.' Destination Unknown: March 2017, Missouri State Highway Patrol stopped a vehicle from Colorado which was southbound 1-29. The Colroado driver would not discolse SECTION 7: Diversion of Colorado Marijuana Page 1105 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 where he was traveling to. After several indicators of criminal behavior were noted, a search of the vehicle yielded 26 lbs. of marijuana concelaed inside a red duffel bag on the back seat. 13 Missouri:May 2017, Kansas Highway Patrol stopped a car hauler traveling from Denver, Colorado to Missouri. A subsequent search of one of the vehicles being hauled yielded 50 lbs. of high-grade marijuana. 14 New York Distribution:January 2016, Ohio State Patrol stopped a vehicle traveling eastbound along I-70 in Madison County, Ohio. After displaying suspicious behavior when interacting with the state trooper, a canine search was performed on the vehicle. The canine indicated a positive response on the vehicle, and a full search ensued. During the search, 123 lbs. of marijuana were discovered in rubber totes in the rear storage area of the vehicle along with a vacuum sealer machine. The vehicle was traveling from Colorado to New York. 8 Flying to Buy Colorado Marijuana: April 2016, a Kansas Highway Patrol Trooper stopped an eastbound vehicle traveling along 1-70. Upon investigation, the sole occupant was found to be in possession of 4.3 lbs. of marijuana, 158 marijuana edibles, and 8 ounces of a THC infused drink. The driver had flown from his home in Pennsylvania and through a third-party had obtained a one way rental from Aurora, Colorado. After buying the recreational marijuana products, the driver was transporting the product to his home state (Pennsylvania). 8 Note:Flying to Colorado and driving back home is a common method for illegally transporting marijuana out of state. South Carolina Dealer Uses Rental Vehicle: March 2017, Kansas Highway Patrol stopped a vehicle traveling eastbound along I-70 in Goodland, Kansas. After a short roadside investigation, the driver of the vehicle was found to be in possession of 13 lbs. of marijuana, 101 THC vapor cartridges, and 378 fl. oz. of THC infused beverages (20 individual drinks). The driver had rented the vehicle four days prior. He had driven from South Carolina to Colorado, and was headed back to South Carolina when he had been stopped in Kansas. 8 Note:Rental vehicles are commonly used to buy and transport Colorado marijuana out of state. Marijuana and Concentrate to Iowa: In February 2017, Kansas Highway Patrol stopped a vehicle traveling from Loveland, Colorado to Iowa. A search of the vehicle yielded 25 lbs. of marijuana and 1 lb. of THC shatter. 15 SECTION 7: Diversion of Colorado Marijuana Page 1 106 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Sources ' Chuck Hickey, "Dozens of indictments in largest illegal marijuana trafficking ring bust since legalization," KDVR-TV Channel 2 Denver,June 28, 2017, <http://kdvr.com/2017/06/28/62-people-12-businesses-indicted-in-largest-illegal- marijuana-ring-bust-in-colorado-history/>, accessed June 28, 2017. 2 Michael Roberts, "Scott Pack Indicted in Colorado Pot Biz's Largest Fraud Case Ever, Attorney Says," Westword,June 14, 2017, <http://www.westword.com/news/scott- pack-indicted-in-huge-colorado-marijuana-fraud-case-9156890>, accessed August 11, 2017. 3 Pueblo County Sheriff's Office, April 14, 2016, "Arrests Made in South Pueblo County Illegal Marijuana Grow," <http://www.sheriff.co.pueblo.co.us/pio/?p=2405>, accessed July 26, 2017. 4 Jesse Paul, "Eight of 16 people indicted in Colorado marijuana trafficking operation listed as having state pot licenses," The Denver Post, March 24, 2017, <http://www.denverpost.com/2017/03/24/denver-marijuana-smuggling-operation- medical-marijuana-licenses/http://www.denverpost.com/2017/03/24/denver-marijuana- smuggling-operation-medical-marijuana-licenses/>, accessed April 19, 2017. 5 Rocky Mountain HIDTA Task Force Quarterly Reports, Calendar Year 2016-2017. 6 Danielle Kreutter, "Marijuana bust in northeast Colorado Springs," July 12, 2017, <http://www.kkty.com/content/news/DEA-search-warrant-in--434154383.html>, accessed July 26, 2017. Jesse Paul, "Colorado deputy finds 180 pounds of marijuana mixed in with tractor- trailer's onion load," The Denver Post, December 8, 2016, <http://www.denverpost.com/2016/12/08/colorado-deputy-finds-180-pounds-of- marijuana-mixed-in-with-tractor-trailers-onion-load/>, accessed December 8, 2016. 8 El Paso Intelligence Center, National Seizure System. Data pull August 28th, 2017. 9 The Associated Press, "Motorhome carrying 100 pounds of pot seized in Tennessee," August 28, 2016, <http://www.denverpost.com/2016/08/28/motorhome-100- pounds-marijuana-seized-tennessee/>, accessed August 28, 2016. SECTION 7: Diversion of Colorado Marijuana Page 1107 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 10 RMHIDTA Quarterly Report. Colorado Criminal Interdiction, 1st Quarter 2016. 11 Ohio State Highway Patrol Report of Investigation, via e-mail dated July 31st, 2017; accessed August 1st, 2017. 12 Ohio State Highway Patrol Report of Investigation, via e-mail dated July 13th, 2017; accessed July 22nd, 2017. 13 Midwest HIDTA Interdiction Bulletin 2017-47. 14 Midwest HIDTA Interdiction Bulletin 2017-84. 15 Midwest HIDTA Interdiction Bulletin 2017-26. SECTION 7: Diversion of Colorado Marijuana Page 1108 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 SECTION 8: Diversion by Parcel Some Findings • Seizures of Colorado marijuana in the U.S. mail has increased 844 percent from an average of 52 parcels (2009-2012) to 491 parcels (2013-2016) in the four-year average that recreational marijuana has been legal. • Seizures of Colorado marijuana in the U.S. mail has increased 914 percent from an average of 97 pounds (2009-2012) to 984 pounds (2013-2016) in the four-year average that recreational marijuana has been legal. Data from U.S. Postal Service NOTE: THESE FIGURES ONLY REFLECT PACKAGES SEIZED;THEY DO NOT INCLUDE PACKAGES OF COLORADO MARIJUANA THAT WERE MAILED AND REACHED THE INFENDED DESTINATION. INTERDICTION EXPERTS BELIEVE THE PACKAGES SEIZED WERE JUST THE "TIP OF THE ICEBERG." Average Number of Parcels Containing Marijuana Mailed from Colorado to Another State 491 • 500 400 E 300 52 a, 200 5 100 (2009-2012) (2013-2016) Pre-Recreational Legalization Post-Recreational Legalization SOURCE: United States Postal Inspection Service,Prohibited Mailing of Narcotics SECTION 8: Diversion by Parcel Page 1 109 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Parcels Containing Marijuana Mailed from Colorado to Another State 1000 854 4, 800 Legalization 581 "' 600 400 207 158 200 0 15 36 2009 2010 2011 2012 2013 2014 2015 2016 SOURCE: United States Postal Inspection Service,Prohibited Mailing of Narcotics Average Pounds of Colorado Marijuana Seized by the U.S. Postal Inspection Service 984 1000OA° 800 600 010 L'! 40000 97 200 (2009-2012) (2013-2016) Pre-Recreational Legalization Post-Recreational Legalization SOURCE: United States Postal Inspection Service,Prohibited Mailing of Narcotics SECTION 8: Diversion by Parcel Page 1110 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Pounds of Colorado Marijuana Seized by the U.S. Postal Inspection Service 1,725.51 1800 1600 1400 Legalization 1,247.00 g 1200 1000 a 800 600 493.05 469.91 z 400 262.00 200 0 57.20 68.20 ■ • ■ ■ 2009 2010 2011 2012 2013 2014 2015 2016 SOURCE: United States Postal Inspection Service,Prohibited Mailing of Narcotics Number of States Destined to Receive Marijuana Mailed from Colorado 45 Legalization 40 41 40 a J 33 5 35 29 'a 30 25 . • III 20 1111 111 ■ III • III a 15 I 10 ■ • III 1111 Z � 5 0 . 2009 2010 2011 2012 2013 2014 2015 2016 SOURCE: United States Postal Inspection Service,Prohibited Mailing of Narcotics SECTION 8: Diversion by Parcel Page 1111 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Private Parcel Companies ❖ There are courier delivery service companies, with locations throughout the country, from which Colorado marijuana destined for other states has been seized. Unlike the U.S. Postal Service, a central data system does not exist for these various private couriers. Several HIDTA regions were asked about parcel interdictions of marijuana from Colorado during calendar year 2016. The following data were provided by those HIDTA regions, although they do not represent 100% reporting for any state or region: Chicago: There were a total of 23 separate parcel interdictions in which Colorado marijuana, edibles, and/or marijuana concentrates (THC/wax) were seized by law enforcement. Totaling more than 47 lbs. of product, Chicago region law enforcement estimates the street value of products seized to be approximately $420,000. Houston: 6 packages of Colorado marijuana, weighing 5.3 lbs. Midwest: 18 packages of Colorado marijuana weighing 9.3 lbs. North Florida:25 packages of Colorado marijuana, hashish and concentrated THC were seized, totaling 64 lbs. Ohio: 15 packages of Colorado marijuana, hash oil, concentrated THC wax and edibles were seized, weighing approximately 30 lbs. Washington/Baltimore: 25 packages containing over 37 lbs. of Colorado marijuana and/or THC concentrates were seized. Rocky Mountain: (packages destined outside of Colorado) 75 packages in total, which included 132 lbs. of marijuana products, and 89 individual edible products (brownies, candies, bars, etc.), and 6 live plants. When asked where the packages were destined, it was reported that these marijuana packages are being shipped all over the United States and out of the country. The furthest destination noted was the United Kingdom. SECTION 8: Diversion by Parcel Page 1 112 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Case Examples From the Mountains to the Beach: In March of 2016, over 11 lbs. of high-grade marijuana was seized as it was being transported by FedEx Express. The marijuana was sent from Aspen, Colorado to Neptune Beach,Florida. ' $12,000 Worth of Marijuana in the Mail: In December of 2016, over 6 lbs. of marijuana was seized as it was being transported by United Parcel Service (UPS). The marijuana was mailed from Grand Junction, Colorado to Riviera Beach, Florida. ' New Year's Gift from Longmont, CO: In January of 2017, over 6.5 lbs. of high-grade marijuana were seized as it was being transported by FedEx Express. The marijuana was mailed from Longmont, Colorado to Jacksonville Beach, Florida. 1 Sending"Green" from Evergreen, CO: In March of 2017, 13 lbs. of high-grade marijuana was seized as it was being transported by UPS. The marijuana was mailed from Evergreen, Colorado to Atlantic Beach, Florida. 1 Headed to the Atlantic: In June of 2017, over 8.5 lbs. of high-grade marijuana was seized as it was being transported by FedEx Ground. The marijuana was sent from Littleton, Colorado to Jacksonville Beach, Florida. ' Arvada Man Gets One Year in Prison for Mailing Edibles: On February 18, 2017, 27 year-old Stephen Paul Anderson was sentenced to serve a year and one day in federal prison and three years of community supervised release for sending boxes of illegal marijuana edibles through the U.S. Postal Service. Anderson, who moved from Texas to Colorado, was manufacturing highly concentrated THC oil in his basement using an open flame fueled by a propane tank. This method of extracting oil has led to multiple fires and explosions throughout the Denver area. 2 Seizure of Marijuana-Filled Parcels Increasing: Police Chief Aaron Jimenez (St. Ann Police, Missouri) was recently interviewed by a St. Louis news media outlet. The article mentioned, "pounds upon pounds of high-grade marijuana are being shipped to the St. Louis area from states where the drug is legal." Jimenez explained how it was not always that way. "We might've had 5 to 10 maybe in a year,but since I've started the narcotics unit here, I can tell you within the last year, these guys probably get one or two a week." U.S. Postal Inspector Dan Taylor said, "Just here in the St. Louis area, our postal inspectors have seized over 1,200 pounds of marijuana, from the mail, in the last year. SECTION 8: Diversion by Parcel Page 1113 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 We've become very good at identifying these packages." It is worth noting that this amount of seized marijuana equates to over 32 pounds a day. According to police, "marijuana is most commonly sent from Colorado and California,but the packages nearly always have fake names and addresses." 3 Second Bust of Illegal Grow, Same Two People Arrested on the Same Property: "Nearly 150 marijuana plants, packaged marijuana and firearms were seized from a property that has been busted before for illegally growing marijuana. The two arrested were the same two busted nearly a year ago." While the El Paso Sheriff's office led the operation, agents from the Drug Enforcement Administration assisted with the investigation and seizure of the marijuana plants, cash, grow equipment, and four firearms. Of note, investigators found several packages of processed marijuana located in numerous United States Postal Services boxes, which appeared to be nearly ready to ship. According to the August article published by KKTV, the Colorado Springs news outlet, "The DEA estimates there was between$25,000 to $30,000 worth of lighting equipment inside the single grow house. The marijuana seized has an estimated value greater than$125,000." Home Improvement Goods:In November of 2016, the North Metro Task Force (NMTF) intercepted a package to be shipped via UPS that contained 18.51bs of marijuana packaged in a Home Depot bucket. The package was being shipped to an address in Stanley, North Carolina. The investigation has resulted in the arrest of two suspects. 5 Heading South: In November of 2016, the North Metro Task Force (NMTF) intercepted a UPS shipment that contained 7.51bs of marijuana and marijuana edibles. The two packages within the shipment were addressed to Dallas,Texas, and Magnolia,Texas. 5 April Fools' Delivery: In April of 2017, the North Metro Task Force (NMTF) intercepted a package shipped via UPS that contained over 231bs of marijuana. The package was being shipped to an address in Malden, Massachusetts. With the help of the Malden Police Department, a coordinated investigation took place which resulted in the arrest of a single suspect. 5 SECTION 8: Diversion by Parcel Page 1 114 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Sources I North Florida HIDTA Information Bulletins, Package Interdiction Summaries. Received July 25th, 2017. 2 Kirk Mitchell, "Arvada man who used post office to distribute marijuana edibles sentenced to a year and a day," The Denver Post, February 22, 2017, <http://www.denverpost.com/2017/02/22/arvada-man-usps-marijuana-edibles/>, accessed April 19, 2017. 3 Rebecca Roberts, "Seizure of marijuana filled parcels increasing," Fox 2 Now/St. Louis,June 17, 2017, <http://fox2now.com/2014/06/17/seizure-of-marijuana-filled- parcels-increasing/>, accessed August 17, 2017. 4 Khloe Keeler, "2nd bust of illegal grow, same 2 people arrested on the same property," KKTV/11 News, August 8, 2017, <http://www.kkty.com/content/news/Illegal-grow-bust-guns-and-marijuana-seized-in- EI-Paso-County-438387943.html>, accessed August 10, 2017. 5 Rocky Mountain HIDTA Task Force Quarterly Reports, Calendar Year 2016-2017. SECTION 8: Diversion by Parcel Page 1 115 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 THIS PAGE INTENTIONALLY LEFT BLANK SECTION 8: Diversion by Parcel Page 1 116 a The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 SECTION 9: Related Data Topics • Crime • Revenue • Event Planners' Views of Denver • Homeless • Suicides • THC Potency • Marijuana Use and Alcohol Consumption • Medical Marijuana Registry • Licensed Marijuana Businesses • Business Comparisons • Demand and Market Size • Reported Sales of Marijuana • Price of Marijuana • Local Response to the Medical and Recreational Marijuana Industry in Colorado NOTE: SOME OF THE DATA REPORTED IN THIS SECTION IS BECAUSE THERE HAVE BEEN SO MANY INQUIRIES ON THE PARTICULAR SUBJECT,SUCH AS CRIME AND SUICIDES. THIS IS NOT TO INFER THAT THE DATA IS DUE TO THE LEGALIZATION OF MARIJUANA. Some Findings • Crime in Denver increased 6 percent from 2014 to 2016 and crime in Colorado increased 11 percent from 2013 to 2016. • Colorado annual tax revenue from the sale of recreational and medical marijuana was 0.8 percent of Colorado's total statewide budget (FY2017). • As of June 2017, there were 491 retail marijuana stores in the state of Colorado compared to 392 Starbucks and 208 McDonald's. • 66 percent of local jurisdictions have banned medical and recreational marijuana businesses. SECTION 9:Related Data Page 1 117 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Crime Colorado Crime 160,000 140,000 111 120,000 • u • iuuu 100,000 • i • miii • 80,000 j ■ . ■ • ■ ■ . Z 60,000 ■ U U pi ill U I 40,000 I IIIII 111 20,000 I I I 1 I I 111 2008 2009 2010 2011 2012 2013 2014 2015 2016 ■Property Crimes 132,212 131,141 132,623 131,800 136,483 138,275 133,927 141,634 149,713 ■Violent Crimes 41,914 43,680 43,589 43,875 44,209 45,583 47,911 51,478 54,052 SOURCE: Colorado Bureau of Investigation,http://crimeinco.cbi.state.co.us/ Colorado Crime From 2009 to 2012 From 2013 to 2016 Property Crime Increased 4.1% Increased 8.3% Violent Crime Increased 1.2% Increased 18.6% All Crime Increased 3.4% Increased 10.8% SOURCE: Colorado Bureau of Investigation,http://crimeinco.cbi.state.co.us/ SECTION 9:Related Data Page 1 118 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 City and County of Denver Crime •Property Crimes •Violent Crimes 34,168 *2016 10,699 ®� *2015 �_ 33 714 10,566 *2014 31,534 mom 10,103 ®_ *2013 32,078 8, 22 32,553 2012 ® _ 2011 31,719 6,881 2010 29,551 6,655 - 30,371 2009 6 604E ....... . ., 0 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 Number of Crimes *In May 2013 the Denver Police Department implemented the Unified Summons and Complaint (US&C)process.This process unifies multiple types of paper citations,excluding traffic tickets,into an electronic process.That information is transmitted to the Denver Sheriff,County Court,City Attorney and District Attorney through a data exchange platform as needed.As a result of this process a reported offense is generated which was previously not captured in National Incident Based Reporting System(NIBRS). SOURCE: City and County of Denver,Denver Police Department,Crime Statistics and Maps,April 2016 SECTION 9:Related Data Page 1119 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Crime in Denver (City and County) 2013 2014 2015 2016 a ' � *A11 Reported Crimes (To include all categories 55,115 ** 61,276 64,317 64,736 listed below) *Denver Crime From 2014 to 2016 Crimes Against Persons Increased 6% Crimes Against Property Increased 8% Crimes Against Society Increased 31% All Other Offenses Decreased 9% All Denver Crimes Increased 6% *Actual number of crimes in Denver ** New process began in May 2013 and 2013 data is not comparable to 2014-2016 SOURCE: City and County of Denver,Denver Police Department,Crime Statistics and Maps,April 2016 Denver Police Department Unlawful Public Display/Consumption of Marijuana 770 762 800 700 _ _ 590 600 500 11111;11 400 300 184 200 8 100 ..a 2012 2013 2014 2015 2016 SOURCE: Denver:Police Department,Traffic Operations Bureau/Vice/Drug Bureau via Data Analysis Unit SECTION 9:Related Data Page 1 120 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Boulder Police Department Marijuana Public Consumption Citations 1 200 129 0 150 c 100 .:.. ,0 50 0 2013 2014 2015 2016 SOURCE: Boulder Police Department,Records and Information Services NOTE; THEE CITY OF BOULDER DID NOT HAVE A MUNICIPAL STATUTE SPECIFIC TO PUBLIC CONSUMPTION OF MARIJUANA UNTIL MID-2013. Case Examples "Marijuana is the Gateway Drug to Homicide": After indicting thirteen people involved in illegally distributing around 200 pounds of marijuana District Attorney Dan May stated in a public announcement, "Colorado Springs Police Department... had 22 homicides in Colorado Springs last year, 2016. Eight of those were directly marijuana." During the public announcement May explained that authorities are overwhelmed having to deal with the crime that is associated with marijuana and claimed that "marijuana is the gateway drug to homicide." 1 Homicides have "Marijuana Nexus": Colorado Springs is Colorado's second largest urban area located in El Paso County. Neither the city nor the county permit the sale of recreational marijuana but both allow medical marijuana. Even so, the Colorado Springs Police Department stated 11 of the 59 homicides that occurred in Colorado Springs between 2015 and early 2017 have a "marijuana nexus." According to the SECTION 9:Related Data Page 1121 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 report, "In most cases robbery of marijuana was a motive or the victim was killed during a marijuana narcotics transaction." 2 Pot Deal Ends in Gunfire when Buyer Realizes they Bought Broccoli: Local Colorado drug dealers, Tercell Davis and Sababu Colbert-Evans, "accepted$10,000 for a marijuana sale,but Davis substituted broccoli for the pot." Both parties had already driven off when the buyers realized they had actually purchased broccoli instead of marijuana. The buyers noticed they had been duped and arranged another meeting with Davis using a different name. The next night they all met up again and "an argument broke out, and Colbert-Evans and Davis fired 11 shots at the fleeing would-be buyers. One was hit in the torso." 3 Texas Trio Charged with Murder during Marijuana Robbery: Three individuals from Texas were charged with first-degree murder while attempting to rob David Gaytan in May 2017. The shooting that lead to the death of David Gaytan occurred at a mobile home park in Lightner Creek, Colorado. District Attorney Christian Champagne, in a response to the shooting, stated, Colorado voters have clearly stated they are in favor of legalized marijuana... which makes the state a target for people with nefarious intent from other states. It's a problem; I don't know where the solution is..., I think it's important that we send a message that we're taking it very seriously, and people who come from other states to commit crimes in our community are going to be dealt with very seriously, and that's how we're approaching it. 4 At Least Eleven Pot-Related Homicides Since Legalization: In response to the recent conviction of Shawn Geerdes, an owner of a shared marijuana grow who murdered his business partner, a local Colorado District Attorney indicated that there have been "at least eleven pot-related homicides since legalization." District Attorney George Brauchler claimed that "since the passage of Amendment 64,jurisdictions across the state have noted significant violent crime related to marijuana cultivation and distribution." In addition to homicide,he noted that there are additional crimes such as "robbery, burglary, and attempted-murder cases in our community also motivated by marijuana." 5 Triple Homicide at Illegal Marijuana Grow: 24-year-old Garrett Coughlin was charged with six counts of first degree murder after being accused of killing 3 people in Boulder County. Police believed "the home was specifically targeted" by Coughlin on April 13, 2017. Witnesses told investigators they"saw Coughlin with large amounts of marijuana packaged in a manner consistent with the marijuana owned by the victims, as well as SECTION 9:Related Data Page 1 122 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 large amounts of cash following the homicides." Over 100 plants were found at the murder location.6'7 A Troubling Weakness in Colorado Marijuana Enforcement: Former Colorado Marijuana Enforcement Officer, Renee Rayton, was recently indicted due to her involvement in shipping millions of dollars worth of marijuana outside the state. Within weeks after leaving her state employment she was working for a shell company, Harmony &Green. "Harmony &Green...bought legal pot cultivation licenses and tricked investors into helping finance the scheme." In addition to breaking state and federal law by shipping marijuana outside of Colorado, Rayton also breached a specific policy that prevents "former regulators from working in the industries they oversaw for six months." During her time with Harmony &Green, Rayton reportedly bragged about knowing someone at the Colorado Department of Revenue who would help the company "get legal." According to investigators assigned to the case, it is doubtful that she was unaware of the "duplicitous practices that were lining her pocket," given her vast regulatory field experience. Although Colorado's Enforcement Division was correct in asking the Colorado Bureau of Investigation to conduct an independent investigation, this example of an Enforcement Officer gone bad highlights the complexities and challenges involved in regulating recreational marijuana. This case made it pretty clear that the "Department of Revenue should launch a review of its enforcement division's practices and ensure, through education and otherwise, that its regulators can be trusted."' County Official Arrested Over Illegal Pot Grow: According to investigators, Ted Archibeque, the elected Eagle County surveyor, and his brother Thomas Archibeque are "suspected of knowingly allowing the cultivation/manufacturing of marijuana" at an illegal grow. Local officials and the DEA served a warrant to a property owned by Ted Archibeque and found "28 growing plants and 65 pounds of processed marijuana" they also observed "what appeared like recent construction of multiple greenhouses and an airfield." According to Kris Friel, an Eagle County spokeswoman, "Ted is still the county surveyor"because as an elected position"there is no provision for placing the surveyor on administrative suspension." 9 SECTION 9:Related Data Page 1123 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Revenue Colorado's Statewide Budget, Fiscal Year 2017 •Marijuana Tax Revenue* (Medical and Recreational)=0.8% *Revenue from marijuana taxes as a portion of Colorado's total statewide budget SOURCE: Governor's Office of State Planning and Budgeting Total Revenue from Marijuana Taxes, Calendar Year 2016 ■Retail Marijuana Taxes ■Medical Marijuana Taxes 200,000,000 167,157,150 150,000,000 83,750,123 4 100,000,000 59,420,537 50,000,000 23,986,490 12 462,467 NA NA 12,462,467 0 2.9%Regular 10%Special 15%Excise Total 2016 Taxes Sales Sales SOURCE: Department of Revenue,Monthly Marijuana Taxes,Licenses and Fees Transfers and Distribution,2016 FIGURES I.i :)NOT INCLUDE ANY CITY TAXES;THE STATE DOES NOT ASSESS OR COLLECT 1110 SE TAXES. SECTION 9:Related L' to Page 1124 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Case Example Falling Marijuana Prices Mean Trouble for States that Have Legalized:As more time elapses since marijuana legalization, prices for marijuana are expected to continue to drop. However, states like Colorado "that tax legal marijuana sales based solely on price" may begin to have budgetary issues. "The progression of marijuana prices over time in Colorado perfectly parallels the pattern in Washington after that state legalized: Prices briefly spiked due to initial supply shortages,but then began dropping as the marijuana industry matured and expanded. Wholesale prices in Colorado tumbled 24.5 percent over the past year to$1,471 per pound." While prices dropping may be good for consumers it may not be good for Colorado as "sinking prices translate automatically into sinking tax revenue per sale." In order for Colorado to compensate for this reduction and ensure that tax revenue remains the same, it will need to "have substantially increased sales volume." However, increasing consumption comes with its own risks "such as more auto accidents by drivers who are stoned, an increase in heavy cannabis users dropping out of school, and so on. If the state adopts measures to cut soaring consumption, it will by definition lose tax revenue, potentially making the recreational marijuana system unable to pay for its own regulatory costs." 10 SECTION 9:Related Data Page 1125 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Event Planners' Views of Denver Negative Meeting Planner Perceptions, 2014 Downtown Environment,49% Homeless,Youth,Panhandling ja6Safety IWtaearthries--, Drugs Stipp r- Facilities & Cost 8%,:' Shopping and\ighti-e Getting Around,31% 0" Other,10% Distance from DIA Altitude Transportation Weather Traffic SOURCE: VISIT DENVER,Impacts of the Downtown Environment on the Tourism Industry and Visitor Perceptions report VISIT DENVER is the marketing organization for the city and it measures, records and reports hundreds of data points, to include safety trends and feedback received from convention and leisure visitors. Based on data collected they came away with three key takeaways: 1. "The downtown environment is the #1 complaint from meeting planners, far surpassing any other categories. The severity of this issue has increased and as of 2014 nearly 50% of meeting planners negatively commented on homeless, youth, panhandling, safety, cleanliness, and drugs including public marijuana consumption.' 2. "Denver ranks very high on walkability, affordability, facilities, and other factors. However, Denver as a'safe city' ranks significantly lower according to interviews with key convention planners conducted by an independent third- party." 3. "Denver is losing visitors and valuable convention business as a result of these overall safety (or perception of safety) issues. Unfortunately, word is beginning to spread among meeting planners about the safety challenges Denver is facing. SECTION 9:Related Data Page 1 126 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 As the market organization for the city, we fear not being able to brand Denver away from this growing reputation." Comments made by the Colorado Convention Center clients and visitors to Denver: • "I'm sorry but I would never consider putting attendees in danger by holding a convention in your city. We are staying at Embassy Suites downtown on 16th, and last night witnessed a group of about 30 teenagers attack a man walking along 16th street. I am told this is not an unusual occurrence. The homeless situation is very sad, and public streets reek of weed. The Denver police should be more alert to large groups of minors congregating on city streets attacking tourists. My feedback from this meeting will be to never locate here again;I have felt much safer in downtown NYC, Philly, Seattle, and Chicago." • "I am a 5th generation Colorado native. I am downtown for a national convention and within 10 minutes of walking to the Convention Center I was so disheartened: I didn't feel safe and it was 2:00 in the afternoon. I passed drunks, disheveled people, smelled weed being smoked in the open. It was disgusting and I thought so this is where the current government is taking us. I use [sic] to be so proud of Denver and Colorado;today I was heart sick and embarrassed, knowing I'd be apologizing to colleagues coming from other states that didn't have sanctuary cities, legalized pot etc. Mayor Hancock, you need to rethink what you're doing before the Denver that was beautiful and safe is gone." • "This client chose to contract with the Hyatt Regency San Antonio. I would like to share with you why Denver dropped off his list. This client does a lot of business in Denver and was disappointed to see, in his opinion, how things have changed in the city since marijuana was legalized. He says he sees lots of people walking around looking'out of it' and does not want to expose his attendees to this. I hope you don't mind the honestly [sic] but I wanted you to know exactly'why'." • "Greetings, we wanted to pass along some comments based on a national meeting we hosted for our industry in Denver in July [2015]. It was held with delegates arriving as early as July 11 and continued through July 15. This is a meeting of industry executives and business owners from around the entire country. The meeting was headquartered at the Sheraton downtown. The chairman commented, 'We will most likely not return to Denver based on the current situation with all the street people.' This was followed up by comments from the President who echoed these comments about a reluctance to return to Denver based on the condition of the City and the abundance of homeless people walking the mall and in and about the downtown area. The SECTION 9:Related Data Page 1127 7 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 attendees were also less than complementary with Denver and in particular the downtown area. Some of the comments received from attendee in survey after the conference were: o 'Denver seems less safe now that pot is legalized.' o 'Don't have a meeting in downtown Denver...what a depressing downtown area.' o 'The neighborhood had way too many vagrants. I don't remember Denver being that bad.' o 'Poor area, lots of crime as we sat outside on a patio on the 16th Street mall on Sunday evening having a beer, I turned my head to look at a television, when I turned back a street person was drinking my beer. I am sure this is not an image Denver wants portrayed around the country."' Homeless How Recreational Weed is attracting People, but Spiking the State's Homeless Rate: An article written in the summer of 2016 described the journey of a young man from a small town in Texas to the Southern Colorado town of Pueblo. In the first half of a two- part article, Devin Butts describes his journey to Colorado which was made largely due to the current recreational marijuana laws. "He'd come to Colorado...because he'd decided that cannabis would be the only indulgence he would keep as he tore himself away from all the other, far more dangerous substances and habits he was used to." Devin is not alone in his journey to Colorado;in fact, there are many others that have followed a similar fate and ended up in one of Colorado's overcrowded homeless shelters while trying to make a new future. At Denver's St. Francis Center day shelter, executive director Tom Luehrs said a survey conducted by a grad student last year found that between 17 and 20 percent of the 350 or so new people the center was seeing each month said they'd come to the area in part because of medical marijuana. If anything, said Luehrs and his colleagues, that figure is low. At the nearby Salvation Army Crossroads Shelter, an informal survey of 500 newcomers in the summer of 2014 determined that nearly 30 percent were there because of cannabis. i' SECTION 9:Related Data Page 1 128 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Marijuana Legalization: Pot Brings Poor People to Colorado, but What's Being Done To Help Them?: In the second part of a summer 2016 article written to describe the journey of a young man to Colorado, Devin Butts describes his newfound perspective. Devin, along with hundreds of other individuals who relocated to Colorado in pursuit of marijuana-related opportunities, found that the journey isn't quite what he was hoping for—especially with regards to finding employment. The vice president of communications and public policy for the Colorado Coalition for the Homeless spoke about hourly wage requirements to live in Denver, which is bad news for marijuana migrants looking for work. According to Cathy Alderman, "Workers need to make at least $19 an hour to afford housing in the Denver area. But marijuana trimmers usually start at around $10 an hour, and budtenders working in the dispensaries often don't make much more than that." This news, along with the fact that Colorado's housing market has been skyrocketing, seems to indicate significant challenges for those hoping to move to Colorado in pursuit of greater futures. Relatedly, an unexpected consequence of the legalization of recreational marijuana is the surge in the homeless population in many Colorado cities. Recently, the city of Aurora pledged $4.5 million in cannabis revenue to homeless programs—certainly an unforeseen cost. Although this might seem to be a step in the right direction in order to help those in need, it might also signal a trend in government spending and population dependency at least partially brought-on by the legalization of recreational marijuana. 12 Denver on 'breaking point'with homeless population: A Salvation Army Captain recently spoke with reporters about the growing homeless population. Captain Eric Wilkerson said that the cause is most likely what many Denver citizens suspect, the cause is marijuana. "People are coming here from out of state to smoke weed," a trend that hasn't gone unnoticed by many of Colorado's residents. Additionally, "The city of Denver is not denying legal marijuana has resulted in an increase in homelessness." In an email from a local social services employee, it was said that "While there isn't a formal study on the issue, many service providers for those experiencing homelessness tell us, anecdotally, that 20 (percent) to 30 percent of people they encounter who are moving to Colorado tell them that they are moving here, in part, because of legalized marijuana or to try to find work in the industry." Although the city of Denver has pledged large sums of money to those in need of affordable housing, a local branding and marketing expert expressed her concern that we get ahead of this growing trend as the last thing she wants is for her city to have the perception of a "homeless problem." 13 Legalized Marijuana Turns Colorado Resort Town into Homeless Magnet: Several people holding cardboard signs can be seen lining the sidewalks and streets of Durango, CO. Durango is a picturesque, upscale community where many businesses SECTION 9:Related Data Page 1 129 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 rely on tourism. The city has recently become overrun with transients and panhandlers, many of them people between the ages of 20-30. One resident and business owner mentioned "most of the kids here are from out of state, and I would say it has a lot to do with the legalized pot." The small city has also experienced an increase in crime, placing its property crime rate 12 percent higher than the national average.14 Suicide Data Average Toxicology of Suicides Among Adolescents Ages 10 to 19 Years Old (With Known Toxicology) •2006-2008 •2009-2012 ■2013-2015 Pre-Commercialization Post-Commercialization Legalization 3.80% Antidepressant 4.2()" 4.70"/0 0.00% Opioid 6.60% 4.70% 0.00% Cocaine 1.90`%, 2.30% 3.80% Amphetamine 2.30 4.70% 12.00% Alcohol 11.70% 8.70% 13.50% Marijuana .10"„ 16.30% 0.00% 5.00% 10.00% 15.00% 20.00% Percent SOURCE: Colorado Department of Public Health and Environment(CDPHE),Colorado Violent Death Reporting System SECTION 9:Related Data Page 1130 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Average Toxicology Results by Age Group, 2013-2015 ■Ages 10 to 19 Ages 20+ 38.6% 40% 0. 35% 30% 0 25% 0 20.0% 20% 0.3% 15.8% 17.4% L' 415% .7% 8.7% li 6.8% 4.7 0 10°A 0 4.7°/ 4.7% ° 5% 2.3% 2.8% { d. 0% Marijuana Alcohol Amphetamine Cocaine Opiod Antidepressant SOURCE: Colorado Department of Public Health and Environment(CDPHE),Colorado Violent Death Reporting System ❖ Marijuana is the only substance where youth, ages 10 to 19, have a higher percentage than adults, ages 20 and older. SECTION 9:Related Data Page 1131 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 THC Potency National Average THC Potency Submitted Cannabis Samples 14.00% 11.99% 12.09% 12.00% 11 1W. 9.58% 9.75% 2.27% 10.00% 11.04% 8.02% 9.93% 1036% 8.00% 715°/ 8.76% 6.11% 8.14% 6.00% 5.01% 4.60% 720% y 3.96% 4.00/0 0 %91 4 334%. w 4.51% 2.00% 0.00% _ co oN cr) co O o - N C '71+ LO \ a\ CSs CS CS o 0 0 0 0 0 0 0 0 0 oS CS o\ rn \ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N NNNNNNN N NNNNNNN SOURCE: Potency Monitoring Program,Quarterly Report Number 135,National Center for Natural Products Research(NCNPR)at the University of Mississippi,under contract with the National Institute on Drug Abuse. ❖ The average potency for buds/flower in Colorado is 17.1 percent. 1s SECTION 9:Related Data Page 1132 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 National Average THC Potency Submitted Hash Oil Samples 60.00% 55.85% 5352% 50.79°/ 50.00% 49.98% v 40.00% 3616% 31.32%o 30.00% 2858% 24:85°l0 35.28%' 22:51% tr) 18.20% 18.74° y 20.00% 16 2 13.23% 19.44% 12.71% 10.00% 15 78% 15.54% 12.82% 6.40% 6:73% 0.00% in \o N. oo CS 0 N N m u) \o N co a', 0 N m LO CS a, CS CS CS 0 0 0 0 0 0 0 0 0 0 r ti N CS a, rn CS CS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 SOURCE: Potency Monitoring Program,Quarterly Report Number 135,National Center for Natural Products Research(NCNPR)at the University of Mississippi,under contract with the National Institute on Drug Abuse. ❖ The average potency for concentrates in Colorado is 62.1 percent. 'S SECTION 9:Related Data Page 1 133 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Alcohol Consumption ❖ It has been suggested that legalizing marijuana would reduce alcohol consumption. Thus far that theory is not supported by the data. Colorado Average Consumption of Alcohol 143,777,836 144,000,000 00. 142,000,000 00 136,364,158 140,000,000 °O 138,000,000 , 0 1 136,000,0000 00 134,000,000 0000 132,000,000 A 5°0 Increase 130,000,000 Pre-Legalization Post-Legalization 2010-2012 2013-2016 SOURCE: Colorado Department of Revenue,Colorado Liquor Excise Tax Colorado Consumption of Alcohol Legalization 147,488 339 148,000,00001 146,000,000 01 143,4.; 72 142,970,403 144,000,000 0 141,184,231 142,000,000 140,000,000 136,778438 C7 138,000,000 / 135,824,179 136,489,856 136,000,000 134,000,000 132,000,000 130,000,000 A. , 2010 2011 2012 2013 2014 2015 2016 SOURCE: Colorado Department of Revenue,Colorado Liquor Excise Tax SECTION 9:Related Data Page 1134 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Medical Marijuana Registry 16 Medical Marijuana Registry Identification Cards • December 31, 2009— 41,039 • December 31, 2010—116,198 • December 31, 2011 — 82,089 • December 31, 2012— 108,526 • December 31, 2013— 110,979 • December 31, 2014— 115,467 • December 31, 2015—107,534 • December 31, 2016—94,577 Profile of Colorado Medical Marijuana Cardholders: • Age of cardholder o 63 percent male, with an average age of 43 years o 0.3 percent between the ages of 0 and 17 o 46 percent between the ages of 18 and 40 ■ 21 percent between the ages of 21 and 30 • Reporting medical condition of cardholder o 93 percent report severe pain as the medical condition o 6 percent collectively report cancer, glaucoma and HIV/AIDS o 3 percent report seizures SECTION 9:Related Data Page 1135 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Percent of Medical Marijuana Patients Based on Reporting Conditions, 2016 100% 93% 90% 80% 70% 4 60% ° 50% 40% o a., 30% 25/o 20% 13% 10% 1°L 4% 1% 1% 3% 0% Cachexia Cancer Glaucoma HIV/ Muscle Seizures Sever Severe AIDS Spasms Nausea Pain SOURCE: Colorado Department of Public Health and Environment,Medical Marijuana Statistics NOTE: TOTAL DC I S NOT EQUAL 100 PERCENT AS SOME PATIENTS REPORT USING MEDICAL MARIJUAI\' FOR MORE THAN ONE DEBILITATING MEDICAL CONDITION. SECTION 9:Related Data Page 1 136 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Colorado Licensed Marijuana Businesses as of August 1st, 20171 7 Medical Marijuana: • 759 marijuana cultivation facilities • 507 medical marijuana centers (dispensaries) • 255 infused products (edibles) businesses • 14 testing facilities Recreational Marijuana: • 701 marijuana cultivation facilities • 498 marijuana retail stores • 273 infused product (edibles) businesses • 13 testing facilities Business Comparisons, June 2017 ❖ Figures for business comparisons were all acquired by June of 2017 for comparable data. Colorado Business Comparisons, June 2017 600 = 491 513 II v 500 392 4 cn 400 ' 300 208 c 200 100 0 McDonalds Starbucks Retail Marijuana Medical Stores Marijuana Dispensaries SOURCE: Colorado Department of Revenue;Starbucks Coffee Company,Corporate Office Headquarters; McDonalds Corporation,Corporate Office Headquarters SECTION 9:Related Data Page 1 137 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Demand and Market Size 18 The Colorado Department of Revenue published a report in July 2014 called, "Market Size and Demand for Marijuana in Colorado." A follow-up to this report showed data for 2015. Some of the information included: Demand • In 2015, the established demand for marijuana by Colorado residents 21 years and older is 134.7 metric tons (296,962.67 pounds) of marijuana. • In 2015, the estimated demand for marijuana by out-of-state visitors 21 years and older is 14.0 metric tons (30,864.7 pounds). Market Size • There are an estimated 569,000 Colorado adult regular marijuana users (at least once per month). • Heavy users who consume marijuana nearly daily make up less than 25 percent of the user population but account for 76.4 percent of the demand for marijuana. SECTION 9:Related Data Page 1 138 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Marijuana Enforcement Division Reported Sales of Marijuana in Colorado 19.20 In 2015: • 144,537 pounds of medical marijuana flower • 106,932 pounds of recreational marijuana flower • 2,261,875 units of medical edible products • 5,280,297 units of recreational edible products In 2016: • 159,998 pounds of medical marijuana flower • 175,642 pounds of recreational marijuana flower • 2,117,838 units of medical edible products • 7,250,936 units of recreational edible products ❖ A single ounce of marijuana, depending on the solvent type and production method, can produce "between 347 and 413 edibles of 10 mg [THC] strength."15 2017 Price of Marijuana Marijuana prices as of July 2017 are based off a compilation of medical and recreational prices from local dispensaries and averaged: Area Gram Ounce State Average $11.00 $191.00 Denver $11.00 $159.00 Boulder $13.00 $213.00 Fort Collins $11.00 $235.00 Colorado Springs* $8.00 $157.00 *Colorado Springs does not allow selling of recreational marijuana within city limits. SOURCE: "Colorado marijuana prices for July 2017,"Marijuanarates.com,Accessed August 29,2017 SECTION 9:Related Data Page 1139 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Local Response to Medical and Recreational Marijuana in Colorado Recreational Marijuana Business and Local Jurisdiction Response: 21,22 C.,CI County Regulatory Status- Recreational Marijuana Sedgwek C'tJM�n Lamer Logan MoffatLogan weld Morgan 1 Grand Bo ildb Ru 9ladnca —7 6 I Was,,ng{m: Yuma _.__. ;k;'n I 1 neamx i P Clear�Gee[�I t j Arape GaK�d arson fide I ._.-7_ i Douglas it LiII iElbertkson r, Pdar lake Mesa ) �vr^ tort I Loan Dara TNkr,, H Paso Oiayenna i Chaffee H `.. rrea�at __ le O duet',b°'"'r.�._ Saguacl, Ouster _�_—r San Mrgtra7 ? J Dolores San San awe Bent Praweix , r t5nsdale�I,JJ1t HueAano ` �..•.. Rio Grande Alamosa Montesano {({/ V Plata COAJW Las Annuls Sara Archuleta \ Conejas 1 I-1 Allowing Cultivation Only n Allowing Sales,Cultivation,Product Manufacturing&Testing created by Trent Pktgenot I I Allowing Sales and Cultivation Only I I Prohibiting New Establishments,but Allowing Migration of Existing form I I Allowing Testing Only I I Allowing Cultivation,Product Manufacturing&Testing Only Map Res,«,: I I Ban or Moratoria in Effect For tnrormarionAt�qust 4,2017 purposes ONLY.Weare contact individual counties for specifics on their regulatory status. SOURCE: Colorado Counties,Inc.;as of August 4th,2017 *NOTE: THIS MAP H()WS THE REGULATORY STATUSES OF UNINCORPORATED AREAS itiITHIN EACH COL:`in'. MUNICIPALITIES WITHIN EACH COUNTY SET POLICY WITHIN THEIR BOUNDAR.I i;S. • 64 counties* o 61 percent have prohibited or have a moratorium (39) o 39 percent have allowed (25) *Broomfield and Denver are both a city and county but included only once in county data. • 243 municipalities (cities and incorporated areas) have taken action on the issue o 72 percent have prohibited (167) or have a moratorium (8) o 28 percent have allowed (68) SECTION 9:Related Data Page 1 140 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Medical Marijuana Business and Local Jurisdiction Response:21'22 CCI County Regulatory Status - Medical Marijuana fra Baia,. Baa Moms Garfied Enge kxnn^t Gka:Cra+x fdRaeww DaKKass Elf KR f Poet, 43,t tiff. 9W1a Tiller J7c» f,Af`eee . . o rAr Gator �� GVetl.^. J STraa�`.t San M1dyta eorolaia ra:kYal GeAn� aw^.ara ewrrr `• aa:- ++.a.R.:xl xm.,,„. ,.ems a qy RMA CU3�lB Un Mores Unepot Allowino at least one tvoe of license Ban in effect Ban in effect but county grandfathered in existing MM3 businesses SOURCE: Colorado Counties,Inc.;as of July 31,2017 'NOTE: THIS MAP SHOWS THE REGULATORY STATUSES OF UNINCORPORATED AREAS WITHIN EACH COUNTY. MUNICIPALITIES WITHIN EACH COUNTY SET POLICY WITHIN THEIR BOUNDARIES. • 64 counties* o 59 percent have prohibited or have a ban on new businesses (38) o 41 percent have allowed (26) *Broomfield and Denver are both a city and county but included only once in county data. • 177 municipalities have taken action on the issue o 65 percent have prohibited (115) o 35 percent have allowed (62) SECTION 9:Related Data Page 1141 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Local Jurisdictions Reporting Marijuana Licensing Status as of December 31, 2016 20 Medical and Retail Marijuana Banned 212 Medical Marijuana Licenses Only 18 Retail Marijuana Licenses Only 11 Medical and Retail Marijuana Licenses 79 2016 Local Jurisdiction Licensing Status 25°0 '. M Medical and Retail Banned ■Medical Only 66°° 6°0 Retail Only Medical and Retail Allowed SOURCE: Marijuana Enforcement Division,2016 Annual Update For Further Related Data See Page 158 SECTION 9:Related Data Page 1 142 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Sources: 1 Colorado Springs, Colo. (KKTV), "Black market marijuana bust leaves bruises on Colorado's marijuana industry," July 25, 2017, <http://www.kkty.com/content/news/Black-market-marijuana-bust-leaves-bruises-on- Colorados-marijuana-industry-436622893.html>, accessed July 31, 2017. 2 Blair Miller, "Colorado Springs Police: 18 Percent of Homicides Since 2015 Have 'Marijuana Nexus'; No State Data." Denver Channel, March 15th, 2017, <http://www.thedenverchannel.com/news/local-news/colorado-springs-police-18- percent-of-homicides-since-2015-have-marijuana-nexus-no-state-data>, accessed August 29th, 2017. ' Kieran Nicholson, "Bogus pot deal, involving broccoli, and gunfire at Aurora mall gets man 16 years in prison," Denver Post, <http://www.denverpost.com/2017/07/25/aurora-marijuana-deal-broccoli-town-center- gunfire-sentenced/>, accessed September 12th, 2017. 4 Shane Benjamin, "Texas trio charged with first-degree murder in Lightner Creek shooting," Durango Herald, <https://durangoherald.com/articles/164814-texas-trio- charged-with-first-degree-murder-in-lightner-creek-shooting>, accessed September 12th 2017. George Brauchler, "At Least Eleven Pot-Related Homicides Since Legalization, DA Says," Westword, <http://www.westword.com/news/marijuana-related-homicides-in- colorado-since-legalization-9345285>, accessed September 12th, 2017. 6 Mitchel Byars, "Suspect in Coal Creek Canyon Triple Homicide To Appear in Court Thursday," Daily Camera, <http://www.dailycamera.com/boulder-county- news/ci_30994865/suspect-coal-creek-canyon-triple-homicide-appear- court?source=pkg>, accessed September 11, 2017. 7 Mitchel Byars, "Garrett Coughlin Charged With 6 Murder Counts in Coal Creek Canyon Killings," Daily Camera, <http://www.dailycamera.com/boulder-county- news/ci_30996366/suspect-coal-creek-canyon-triple-homicide-charged-six?source=pkg>, accessed September 11, 2017. The Denver Post Editorial Board, "A troubling weakness in Colorado Marijuana enforcement," June 16, 2017, The Cannabist, SECTION 9:Related Data Page 1143 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 <http://www.thecannabist.co/2017/06/16/colorado-marijuana-enforcement-indictment-wakeup- call/82104/>, accessed September 21,2017. 9 Jesse Paul, "Eagle County official and his brother arrested in connection with illegal marijuana grow," The Denver Post, December 8, 2016, <http://www.denverpost.com/2016/12/08/eagle-county-official-brother-arrested-illegal- marijuana-grow/>, accessed September 22, 2017. 10 Keith Humphreys, "Falling marijuana prices mean trouble for states that have legalized," The Washington Post,January 18th, 2017, <http://www.thecannabist.co/2017/01/18/marijuana-price-drops-state-revenue/71657/>, accessed August 3rd, 2017. 11 Joel Warner, "Marijuana Legalization in Colorado: How Recreational Weed Is Attracting People, But Spiking The State's Homeless Rate {PART ONE}, International Business Times, June 20, 2016, <http://www.ibtimes.com/marijuana-legalization- colorado-how-recreational-weed-attracting-people-spiking-2374204>, accessed October 9, 2016. 12 Joel Warner, "Marijuana Legalization: Pot Brings Poor People To Colorado, But What's Being Done To Help Them? {PART TWO}, International Business Times,June 21, 2016, <http://www.ibtimes.com/marijuana-legalization-pot-brings-poor-people- colorado-whats-being-done-help-them-2378769>, accessed October 9, 2016. 13 Joe St. George, "Salvation Army: Denver on'breaking point' with homeless population, Fox31 Denver,July 7, 2016, <http://kdvr.com/2016/07/07/salvation-army- denver-on-breaking-point-with-homeless-population/>, accessed October 9, 2016. 14 Joseph J. Kolb, "Legalized marijuana turns Colorado resort town into homeless magnet," FoxNews.com, May 17, 2017, <http://www.foxnews.com/us/2017/05/17/legalized-marijuana-turns-colorado-resort- town-into-homeless-magnet.html>, accessed May 17, 2017. 15 Marijuana Policy Group, "Marijuana Equivalency in Portion and Dosage (as of August 10th, 2015)," <https://www.colorado.gov/p acific/sites/default/files/MED%20E quiv alency_Final%2008 102015.pdf>, accessed May 12th, 2017. 16 Colorado Department of Public Health and Environment, "Medical Marijuana Registry Program Update (as of December 31St, 2016)," SECTION 9:Related Data Page 1144 s a The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 <https://www.colorado.gov/pacific/sites/default/files/CHED_MMR_Report_December_ 2016.pdf>accessed May 12th, 2017. 17 Colorado Department of Revenue, "Licensees—Marijuana Enforcement Division (As of August 1St, 2017)," <https://www.colorado.gov/pacific/enforcement/licensees- marijuana-enforcement-division>, accessed August 31, 2017. " Marijuana Policy Group, "The Economic Impact of Marijuana Legalization in Colorado," Marijuana Enforcement Division, received August 1, 2017. 19 Marijuana Enforcement Division, "MED 2015 Annual Update," Colorado Department of Revenue, September 26, 2016. 20 Marijuana Enforcement Division, "MED 2016 Annual Update," Colorado Department of Revenue, August 2, 2017. 21 Colorado Municipal League, "Municipal Retail Marijuana Status," <http://www.cml.org/rmj-action-visual/, accessed 8/29/2017>. 22 Colorado Counties Inc., <ccionline.org>, August 28, 2017. SECTION 9:Related Data Page 1145 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 THIS PAGE INTENTIONALLY LEFT BLANK SECTION 9:Related Data Page 1 146 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 SECTION 10: Reference Materials Reports and Articles Impaired Driving Higher Levels of THC: In Colorado, the legal limit of THC in a driver's blood is 5ng/mL. However, according to the Denver Post, "THC levels in drivers killed in crashes in 2016 routinely reached levels of more than 30 ng/mL... [t]he year before, levels only occasionally topped 5 ng/mL." This trend has coroners concerned because some are "uncertain about listing the presence of THC on a death certificate because of doubts on what constitutes impairment." Police Chief Jackson of Greenwood Village, CO attributes the rise in THC levels of drivers to the rise in THC potency in marijuana oils and concentrates. He states, "This is not your grandfather's weed." 1 Cannabis-Impaired Driving is a Public Health and Safety Concern: According to a 2015 study which aimed to examine some of the issues surrounding cannabis impaired driving, "The percentage of weekend nighttime drivers with measureable 49- tetrahydrocannabinol (THC) in blood or oral fluid increased to 12.6%, a 48% increase since 2007." With the recent recreational legalization of marijuana in multiple states, this is likely a national trend we will see continue in the years to come. 2 Controlled Cannabis Vaporizer Administration with and without Alcohol: Researchers behind a 2015 study examined the vaporization of cannabis both with and without blood alcohol present in the systems of thirty-two regular cannabis smokers. As noted in the Clinical Chemistry article, smoking is the most common administration route of cannabis but the use of vaporization is increasing rapidly. The conclusions section of the study stated that the significantly higher blood THC concentration values in combination with blood alcohol "possibly explain[s] increased impairment observed from cannabis-alcohol combinations." The conclusions of this study further underscore the complexities and issues that need to be closely examined, especially when considering drugged driving legislation. 3 SECTION 10: Reference Materials Page 1 147 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Correlates of Marijuana Drugged Driving and Openness to Driving While High: A 2015 study funded and independently conducted by RTI International, a nonprofit research and technical services organization, examined 865 Colorado and Washington residents who self-reported using marijuana in the past 30 days. Two behaviors were looked at among the group of study participants; any instances of driving while high in the last year, and driving within 1 hour of using marijuana 5 or more times in the past month. Researchers found that the "Prevalence of past-year driving while under the influence of marijuana was 43.6% among respondents." Additionally, "The prevalence of driving within 1 hour of using marijuana at least 5 times in the past month was 23.9%." Furthermore, it was concluded that "Interventions for reducing the incidence of marijuana DUI are likely to be more successful by targeting safety perceptions related to marijuana DUI rather than knowledge of DUI laws." 4 A 2-Year Study of THC Concentrations in Drivers: A recent study aimed to examine police and Drug Recognition Expert(DRE) evaluations with regards to driving under the influence of marijuana. Researchers hoped to determine whether or not a correlation exists between whole-blood THC concentrations and field sobriety test performance. "As suspected, the findings of this study did not find a correlation between performance on field sobriety tests and the concentration of THC tested in whole-blood samples." This information further adds to the discussion around marijuana use and permissible driving limits. Much more research is needed in order to come up with appropriate marijuana driving laws/legislation throughout the country. Furthermore, the researchers concluded that, "The driving behaviors seen in THC- impaired drivers are similar to those seen in alcohol-impaired drivers." Contrary to anecdotal accounts of"high" drivers being slow and cautious drivers, the most often observed driving behaviors of study participants included speeding, the inability to maintain lane position, and running red lights or stop signs. 57 Percent of Marijuana Users in Colorado Admit Driving within 2 Hours: A survey conducted by the Colorado Department of Transportation discovered that 57 percent of people who reported using marijuana drove within two hours after consumption. The survey also indicated that, on average, those participants who reported consuming marijuana and then driving within 2 hours did so on 11.7 of 30 days. By comparison, 38 percent of respondents who drank alcoholic beverages reported driving within 2 hours after consumption and only reported doing so on 2.8 of 30 days. 6 DRE Examination Characteristics of Cannabis Impairment: The frequently-debated 5ng/mL blood THC per se cutoff has been the source of much controversy since SECTION 10: Reference Materials Page 1148 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 legalized marijuana has hit the scene. In 2016, a study of Drug Recognition Expert (DRE) characteristics of cannabis impairment further highlighted the "limited relevance" of the 5ug/L cutoff. "Combined observations on psychophysical and eye exams produced the best cannabis-impairment indicators." Additionally, "No significant differences were detected between cases with blood THC>5ng/mL versus <5ng/mL." More specifically the finger-to-nose test was seen as the best indicator of cannabis impairment, with the values of sensitivity, specificity, predictive value and efficiency being considered. ' Smoked Cannabis Psychomotor and Neurocognitive Effects in Occasional and Frequent Smokers:A group of researchers interested in examining the severity of psychomotor performance, cognition, and driving ability differences among frequent and occasional users of cannabis found substantial differences among the frequent users and the occasional users. During the study, "fourteen frequent (equal or greater than 4x/week) and 11 occasional (less than 2x/week) cannabis smokers entered a secure research unit approximately 19 hours prior to smoking one 6.8% THC cigarette." Cognitive and psychomotor performance was measured in a variety of ways at certain intervals of time both prior to and after the drug use. Researchers concluded that there are "significant differences between occasional and frequent cannabis smokers in psychomotor, subjective and physiological effects following cannabis smoking, with weaker effects in frequent smokers suggesting tolerance development. Impairment domains included those that play a key role in driver's ability to accurately control a car or to react to events on the road." 8 Time Profile of Serum THC Levels in Occasional and Chronic Marijuana Users after Acute Drug Use: Although it is commonly accepted that cannabis consumption has the ability to influence cognitive and psychomotor functions, the rules on how to assess the ability to drive while under the influence of cannabis are not very clear. "The psychoactive compound delta-9- tetrahydrocannabinol (THC) impairs cognition, psychomotor behavior and driving performance in a dose-related manner approximately." After researching the time profile related to cannabis consumption and the related physiologic affects (through observation of human volunteers), it is apparent that there is "great individual variability of the kinetic profile of THC in blood..." The research article goes on to describe that "Low blood concentrations of THC close to the limit of detection... are justified in an effective traffic legislation." 9 Effect of Blood Collection Time:Drug testing is a highly scrutinized topic when it comes to marijuana use and the operation of motor vehicles. This topic has been made even more controversial as several states have legalized marijuana for medical and/or SECTION 10: Reference Materials Page 1149 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 recreational use. Therefore, a group of researchers examined the impact of blood collection time on toxicological evaluation for THC. Researchers found that blood THC concentrations at the time of driving cannot be reliably determined due to individual variances. 10 Drivers Killed in Crashes More Likely to be on Drugs than Alcohol: A recent study using data available from 2015 indicates that "[d]rivers who are killed in car crashes are now more likely to be on drugs than alcohol." Drugs were present in 43 percent of drivers in fatal accidents compared to 37 percent with alcohol above the legal limit. Additionally, 36 percent of the drivers tested had marijuana present in their . system at the time of the accident. In general, traffic fatalities are rising and can be attributed to factors such as improved economy, more distracted drivers, and more drugged drivers. 11 Drug-impaired Driving: In this report, Dr. James Hedlund, under contract with the Governors Highway Safety Association (GHSA), described "the current state of knowledge on drug-impaired driving, including what little is known about the costs and effectiveness of these actions, and identifies actions states can take to reduce drug- impaired driving." The report cites a variety of sources, including the Fatality Analysis and Reporting System(FARS) and various roadside surveys conducted in multiple states. Through these data sources, Dr. Hedlund determined "marijuana is by far the most common drug that is used." He also described that while drug-impaired driving is more complex than alcohol-impaired driving, "43% of fatally-injured drivers with known test results tested positive for drugs or marijuana in 2015, more than tested positive for alcohol". The report pointed out additional differences between alcohol- impaired driving and drug-impaired driving and made recommendations for states to enact education programs, legislation, and officer training programs. 12 SECTION 10: Reference Materials Page 1 150 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Youth Marijuana Use Marijuana Use up among Teens since Legalized in Colorado, Washington: Researchers at the University of California Davis and Columbia University Mailman School of Public Health conducted a study involving teens' perception of marijuana use before and after recreational marijuana was legalized in their state. The study, which used nation-wide data of nearly 254,000 students who participated in the Monitoring the Future survey, showed that legalization of recreational marijuana significantly reduced perceptions of marijuana's harmfulness by 14 percent in 8th graders and 16 percent in 10th graders in Washington state but not in Colorado. Researchers attribute the lack of change in perception in Colorado to the state's robust medical marijuana industry that was established prior to recreational legalization. Youth were exposed to substantial advertising from the medical marijuana industry and therefore Colorado has had lower rates of perceived harmfulness and higher rates of use compared to Washington state and other states. The researchers recommend that states considering legalizing recreational marijuana should also consider investing in substance abuse prevention programs for adolescents. 13 Pot Smoking Common among Pregnant Teens: A recent national survey given to approximately 14,400 pregnant women aged 12-44, found "more than twice as many pregnant 12- to 17-year-olds use marijuana as their non-pregnant peers." This constituted 14% of the surveyed mothers-to-be. Teen pregnancies are already "associated with smaller babies," but there may be other risks to a pregnancy caused by marijuana use. According to Dr. Judy Chang, associate professor of obstetrics, gynecology and reproductive sciences at the University of Pittsburgh, "some of the studies that do exist suggest that there are risks to the pregnancy from pot use." Some of those risks may include "scrawnier babies, kids who have some problems with their thinking and learning abilities, [and] kids who find it harder to do more complicated brain tasks when they are teenagers." Additional evidence may suggest that "there could be a risk of causing brain damage in a developing baby," and that the tetrahydrocannabinol (THC) "may also influence neural development and brain maturation," which could lead to a "long-term risk for addiction." 14 Unintentional Pediatric Exposures to Marijuana in Colorado, 2009-2015: Colorado researchers examined the effects of the legalization of marijuana on youth in Colorado by analyzing data regarding pediatric marijuana exposures. Specifically, researchers set out to compare the incidence of pediatric marijuana exposures before and after recreational marijuana legalization. Additionally, this study compared Colorado data with nationwide data. SECTION 10: Reference Materials Page 1 151 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 It was found that cases for pediatric marijuana exposure increased significantly and at a higher rate than the rest of the United States. "Almost half of the patients seen in the children's hospital in the 2 years after legalization had exposures from recreational marijuana, suggesting that legalization did affect the incidence of exposures." 15 Pediatricians Warn against Use of Pot: A report released in 2017 from the American Academy of Pediatrics describes why many doctors are now "beefing up warnings about marijuana's potential harms for teens amid increasingly lax laws and attitudes on pot use." This report states that the group "opposes medical and recreational marijuana use for kids." A youth's brain continues to develop through their early 20s, so "the potential short-term and long-term effects of a mind-altering drug" are of great concern. Some of these effects may even be permanent. This is particularly true for frequent users who begin at an early age. "Teens who use marijuana at least 10 times a month develop changes in brain regions affecting memory and the ability to plan" as well as lowered IQ scores in some cases. Also some studies have shown that "starting marijuana use at a young age is more likely to lead to addiction than starting in adulthood." These doctors stress that messaging is particularly important because according to government data "kid12-17 increasingly think marijuana use is not harmful." 16 Adult Marijuana Use Study Finds Increase in Illicit Pot Use, Abuse in States that Allow Medical Marijuana: "In a study published in the Journal of American Medical Association (JAMA) Psychiatry, researchers noted a significant increase in illegal cannabis use and so-called cannabis-use disorders in states with medical marijuana laws" Although a small minority of the population might potentially benefit from medical marijuana use, this study aims to quantify how much non-medical, illicit use is taking place over a multi-year timespan. The research study defined illegal or illicit use as "obtaining marijuana not from a prescription or a dispensary with the intent of getting high." Those with cannabis-use disorders are described as having withdrawal symptoms, developing a tolerance for the drug, having cravings for the drug, and suffering impaired functioning in daily activities. The lead author of the study, Dr. Deborah Hasin of the Columbia University Mailman School of Public Health said "[Americans have] come to see cannabis as a harmless drug or harmless substance." More education is certainly needed on the risks associated with marijuana use. SECTION 10: Reference Materials Page 1152 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 The study examined cannabis use and cannabis use disorder from 1991-1992 through 2012-2013 timeframes. In the Washington Times article, Dr. Hasin said "I was somewhat surprised with rates that increased so sharply in Colorado and California, who most experienced increase in dispensaries in 2009 and 2010." 17 Drug Positivity in U.S. Workforce Rises to Nearly Highest Level in a Decade: According to the world's leading provider of diagnostic drug testing services, "The percentage of employees in the combined U.S. workforce testing positive for drugs has steadily increased over the last three years to a 10-year high." The three primary diagnostic tests offered by Quest Diagnostics include oral, urine and hair follicle drug tests. Speaking to oral fluid testing, which provides a 24-48 hour history, the positivity rate increased 47 percent in the past three years. According to the diagnostics corporation, "The increase was largely driven by double-digit increases in marijuana positivity during this time period. In 2015, there was a 25 percent relative increase in marijuana detection as compared to 2014." Additionally, "Almost half (45 percent) of individuals in the general U.S. workforce with a positive drug test for any substance in 2015 showed evidence of marijuana use. 18 Marijuana is Not Safe to Smoke: A study conducted by UC Davis academics found multiple bacterial and fungal pathogens in marijuana that can cause serious infections. The weed tested originated from Northern California dispensaries where the Department of Public Health is working on guidelines for marijuana testing to ensure marijuana is safe. George Thompson III, an associate professor of clinical medicine at the university who helped conduct the study, stressed that "there really isn't a safe way to smoke marijuana buds, even for those who are healthy". Inhaling marijuana smoke leads the pathogens directly into the lungs where they can cause serious illness and even death. 19 These College Students Lost Access to Legal Pot—and Started Getting Better Grades: A recent study out of the Netherlands found that "college students with access to recreational cannabis on average earn worse grades and fail classes at a higher rate." Due to a new policy change to cannabis cafes, noncitizens were barred from buying recreational marijuana from the cafes. Due to this policy change, an experiment regarding college students and marijuana use was conducted. "The research on more than 4,000 students... found that those who lost access to legal marijuana showed substantial improvement in their grades. Specifically, those banned from cannabis cafes had a more than 5 percent increase in their odds of passing their courses." 20 More U.S.Women Report Using Marijuana during Pregnancy, Amid Uncertainty on Potential Harms:About 4 percent of pregnant women ages 18 to 44 reported using SECTION 10: Reference Materials Page 1153 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 marijuana during pregnancy. The study conducted between 2002 and 2014 showed an increase of 62 percent from numbers in 2002 to numbers in 2014. Pregnant women are turning towards marijuana to help alleviate nausea caused during pregnancy even though it is discouraged by the American College of Obstetricians and Gynecologists. Studies show links between prenatal marijuana exposure and impaired functions such as impulse control, visual memory, and attention during school years. Other studies showed smoking marijuana during pregnancy may also lead to restricted fetal growth during pregnancy as well as increased frontal cortical thickness among school-aged children. 21 Pregnant Women Turn to Marijuana, Perhaps Harming Infants: Doctors and researchers are concerned that due to "an increased perception of the safety of cannabis use, even in pregnancy," it is becoming more common for people to "presume that cannabis has no consequences for developing infants." Evidence on the effects of prenatal marijuana use has been limited up to this point, which may contribute to the false perception of safety by some. However, preliminary research indicates that marijuana's psychoactive ingredient, tetrahydrocannabinol (THC), can cross the placenta and reach the fetus potentially harming development. In addition,because THC is stored in fat and can linger there for weeks or months,breast milk can contain THC. Despite evidence being limited, several studies linking maternal marijuana use have found "changes in the brains of fetuses, 18 to 22 weeks old." Additional studies conducted in Pittsburgh and Ottawa show that children whose mothers used marijuana heavily in the first trimester may have difficulty "understand[ing] concepts in listening and reading," and had "lower scores in reading, math and spelling... than their peers." Much of the research that has been done in this area was done when marijuana was far less potent. An epidemiologist with the University of Washington stated "all those really good earlier studies on marijuana effects aren't telling us what we need to know now about higher concentration levels." Not much is known about the lingering effects of marijuana, and whether or not the fetus's exposure is limited to the time a mother feels high. Both the American Academy of Pediatrics and the American College of Obstetricians and Gynecologists advise expecting mothers against the use of cannabis during pregnancy citing cognitive impairment and academic underachievement as areas of concern. 22 Causal Relationship Identified between Marijuana Use and Numerous Fetal Issues during Pregnancy: Since 2002, there has been a 62%increase in pregnant marijuana users. "Estimates suggest that marijuana use complicates 2%to 5% of all pregnancies" in the United States. The amount of studies regarding marijuana use is limited due to the drug's complicated legal status. However, "evidence has identified a causal SECTION 10: Reference Materials Page 1154 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 relationship between marijuana use and decreased birth weight, increased spontaneous abortion, impaired neurodevelopment, and functional deficits among children and adults who were exposed [to marijuana] in utero." It is not yet known how exactly fetal development is effected by marijuana which leads obstetricians and gynecologists to "urge their patients who are pregnant or contemplating pregnancy to discontinue marijuana use." Further concern for the effects of marijuana during pregnancy are warranted"due to its lipophilic nature, [it] can easily cross the blood brain barrier and enter the placenta." Additionally, the nature of Tetrahydrocannabinol (THC) is such that it can remain in maternal blood for weeks and "[a]s a result, occasional use of marijuana during pregnancy, as little as once per month, results in fetal exposure that persists throughout the pregnancy." 23 Emergency Department and Hospital Marijuana-Related Admissions Marijuana Abuse Linked to Increased Myocardial Infarction (MI) Risk: Cardiology News recently published an article about marijuana being linked with an "eye-opening doubled risk of acute MI." Myocardial infarction (MI) is more commonly known as a heart attack. The March 2017 article summarized the results of a study led by Dr. Ahmad Tarek Chami: "The link was strongest by far in young adult marijuana abusers, with an adjusted 3.2-fold increased risk of MI in 25- to 29-year-olds with marijuana abuse noted in their medical records, compared with age-matched controls and a 4.56-fold greater risk among the 30-to 34-year-old cannabis abusers." The study examined over 200,000 patients with cannabis abuse noted in their medical records, and spanned a five year period (October, 2011 through September, 2016). Dr. Chami observed that "Our study raises the possibility [of] an association between cannabis and MI independent of age, hypertension, diabetes, smoking, and abuse of other substances." Admittedly, there is much need for further research on this topic. "The cannabis plant contains more than 60 cannabinoids.Although marijuana is widely prescribed for treatment of nausea, anorexia,neuropathic pain, glaucoma, seizure disorders, and other conditions, the long-term effects of marijuana on the cardiovascular system are largely unknown." 24 Marijuana Use and Schizophrenia: New Evidence Suggests Link: New research on marijuana use and its connection to schizophrenia shows that "not only are people who are prone to schizophrenia more likely to try cannabis,but that cannabis may also increase the risk of developing symptoms." Cannabis use has been shown to be more common among individuals with psychosis than it is with the general population. This SECTION 10: Reference Materials Page 1155 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 may be particularly troubling as people with schizophrenia who use cannabis "are more likely to be hospitalized than those with the condition who do not use the drug." Further research is needed to determine if there is a definitive genetic link between marijuana use and schizophrenia. 25 Colorado Cannabis Legalization and Its Effect on Emergency Care:With the early commercialization of marijuana in Colorado dating back to the year 2000, and recreational marijuana being voted into law in 2012, Colorado provides a unique opportunity to educate physicians on the different considerations related to increased marijuana-related emergency department visits. This document not only summarizes the epidemiologic effect of legalization, but also discusses the effect of legalization on emergency care. Specifically, researchers discuss acute marijuana intoxication, cannabinoid hyperemesis syndrome, and pediatric exposures in an effort to educate healthcare providers everywhere. With Colorado leading the way regarding marijuana legalization, Colorado physicians are leading the way with regards to recognizing and addressing the associated healthcare trends noted in the population. 26 Trends and Correlates of Cannabis-involved Emergency Department Visits 2004 to 2011: This study published in the Journal of Addiction Medicine utilized data obtained from the Drug Abuse Warning Network over the period of 2004 to 2011. Trends in cannabis-involved emergency department visits were examined for both cannabis-only and cannabis-polydrug instances. Cannabis-polydrug instances are those in which other drugs were detected in the patient's body, in addition to cannabis. The findings of this study suggest that there is a notable increase in the number of emergency department visits for both cannabis-only and cannabis-polydrug users. In particular, this study highlights the increased numbers for youth and non-Hispanic blacks. 27 SECTION 10: Reference Materials Page 1 156 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Marijuana-Related Exposure Cannabis Use Causing Alarming Increase in Emergency Hospital Visits and Childhood Poisoning:Dr. Mark S. Gold, a world renowned expert on addiction-related diseases, summarizes a study published in late 2016 that aimed to examine trends and correlates of cannabis-involved emergency department visits in the United States from 2004-2011. "The ED visit rate increased for both cannabis-only use (51 to 73 visits per 100,000) and cannabis-polydrug use (63 to 100 per 100,000) in those aged 12 and older. Of note, the largest increase occurred in adolescents aged 12-17, and among persons who identified as non-Hispanic black." Dr. Gold goes on to highlight the findings of the study which state that"The odds of hospitalization increased with older age users, as compared to adolescent admissions. These data suggest a heavier burden to both the patient and to the health care system as a result of increasing cannabis use among older adults. The severity of the "burden" is associated with the prevalence of cannabis use, specific cannabis potency and dose (which is increasing over time), the mode of administration, and numerous individual risk factors." 28 Treatment Cannabinoid Hyperemesis Syndrome: Cannabinoid Hyperemesis Syndrome, a relatively new clinical condition, is "characterized by chronic cannabis use, cyclic episodes of nausea and vomiting, and frequent hot bathing." A 2011 study published by the National Institutes of Health explores various aspects of this clinical condition including the associated epidemiology, pharmacology, clinical presentation, and treatment options. This condition has grabbed the attention of emergency room physicians across the country as many physicians fail to diagnose the condition. According to the study, "further initiatives are needed to determine this disease prevalence and its other epidemiological characteristics, natural history, and pathophysiology." 29 Use and Diversion of Medical Marijuana among Adults Admitted to Inpatient Psychiatry: Many states, including Colorado, have legalized the medical use of marijuana,but it is unclear how much medical marijuana is being diverted from those medical marijuana patients. Furthermore, marijuana is linked to anxiety, depressive, psychotic, neurocognitive, and substance use disorders,but it is also unclear how many psychiatric patients use marijuana. In this study, a group of Colorado researchers aimed to determine the prevalence of medical marijuana use and diversion among psychiatric SECTION 10: Reference Materials Page 1 157 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 inpatients in Colorado. Over 600 participants responded to an anonymous 15-item survey administered at discharge. It was concluded that "medical marijuana use is much more prevalent among adults hospitalized with a psychiatric emergency than in the general population." It was also found that "diversion is common." 30 Related Data Everything You Need to Know about Pot's Environmental Impact: Indoor marijuana grows are estimated to use a total of one percent of all electricity used in the United States every year. One percent is "about the same amount of electricity consumed by every computer in every home and apartment in the country annually... In order to power all those light fixtures, as well as dehumidifiers and heating and ventilation systems, indoor grow operations use about eight times the amount of energy per square foot as a normal commercial building. That's on par with a modern data center." In addition to the electricity needed to sustain a marijuana grow, the plants require a significant amount of water to grow. "Some estimates suggest that pot plants use six gallons of water per day per plant over the summer. For reference, it takes about four gallons of water to run an energy-efficient dishwasher once." 31 High Time to Assess the Environmental Impacts of Cannabis Cultivation: In an attempt to understand the impact that the cultivation of marijuana has on the environment, researchers "have identified potentially significant environmental impacts due to excessive water and energy demands and local contamination of water, air, and soil with waste products such as organic pollutants and agrochemicals [fungicides, pesticides, etc.]." Additionally, they pointed out that, cannabis plants require "high temperatures..., strong light..., highly fertile soil, and large volumes of water (...around twice that of wine grapes)." Naturally, due to these needs for proper cultivation in either an indoor or outdoor grow requires a significant amount of maintenance and energy. "It has been estimated that the power density of marijuana cultivation facilities is equal to that of data centers." Typically, with new industries, it is the responsibility of U.S. Federal agencies such as the "U.S. Department of Agriculture, Environmental Protection Agency, National Institutes of Health, and Occupation Safety and Health Administration" to research and fund research for what that industry's environmental impact will be and how to reduce the footprint. However, when it comes to the marijuana industry due to "[t]he ambiguous legal status of marijuana in the U.S... [it] has made it historically difficult for those agencies to actively fund research in this field."32 SECTION 10: Reference Materials Page 1 158 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Cartels are Growing Marijuana Illegally in California—and there's a War Brewing: "Even as California embraces the booming legal marijuana market... it is also seeing an explosion in illegal cultivation, much of it on the state's vast and remote stretches of public land." Growing marijuana on public lands is creating"insidious side effects: The lethal poisons growers use to protect their crops and campsites from pests are annihilating wildlife, polluting pristine public lands, and maybe even turning up in your next bong hit." Some of these poisons are so powerful that they have been "banned in the U.S., Canada and the EU" and "farmers in Kenya have used [them] to kill lions." These toxicants are often used by growers as a means to "keep rodents and other animals from eating the sugar-rich sprouting plants, from gnawing on irrigation tubing, and from invading their campsites in search of food." According to Craig Thompson, a wildlife ecologist working for the U.S. Forest Service "People don't tend to grasp the industrial scale of what's going on. There are thousands of these sites in places the public thinks are pristine, with obscene amounts of chemicals at each one. Each one is a little environmental disaster." In addition to toxicants, these illegal grows present another environmental problem due to water consumption. "In a controlled setting, a marijuana plant uses about six gallons of water per day... Illegal grows, of course, are another story [its] estimated that trespass grows use 50 percent more water because of less efficient irrigation systems and added stressors like pests, pathogens, and drier weather at higher elevations. Worse, some trespass growers leave their irrigation systems running around the clock throughout the year, even when nothing is growing." 33 Thousands of Marijuana Plants Found on Forest Land in Pueblo County: According to Fox31 Denver, there were more than 7,400 marijuana plants discovered in an illegal grow which included two separate fields. Both of the fields were on U.S. Forest Service land near Rye, Colorado. The July 2017 article stated, "Narcotics detectives said it was the second-largest operation uncovered in Pueblo County to date and the fifth found in fields on or near the San Isabel National Forest in the past five years. The four previous grows are believed to be connected to a Mexican cartel. Detectives are investigating whether Friday's grow is connected to previous grows." Pueblo County Sheriff Kirk Taylor reported, "These grows are not indigenous to Colorado and the water and fertilisers required for these grow operations represent a clear environmental hazard for our beautiful Colorado mountains," Two of the past incidents within the San Isabel National Forest include an August 2012 operation in which over 9,400 plants were involved, and an October 2015 operation in which 2,400 plants were involved. There are countless other illegal grow operations within U.S. Forest Service land,but limited resources prevent any further action to stop these grows and prevent further environmental impact. 34 SECTION 10: Reference Materials Page 1 159 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Marijuana Grows Leaving More Colorado Homes Filled with Mold: It is unclear how many homes throughout Colorado are being used to grow marijuana,but Denver Detective Brian Matos estimated it could be as high as "one in every 10 homes in [Denver]." When people grow marijuana plants indoors they bring moisture into the home which is likely to cause mold problems especially if it is a large grow. In many cases,these grows are illegal and the homeowner is simply using the home for the purpose of growing marijuana without any concern for the damage caused. The damage is often compared to that of meth labs,but environmental lawyer Timothy Gablehouse disagrees, "Since [meth] labs are smaller now, contamination from meth is usually confined to small areas of the home where it was smoked." Whereas,marijuana grow contamination and destruction can be seen throughout the home. According to the Denver Post, "Illegal growers also sometimes dig into the foundation to tap a power line before the line can reach the meter to ensure they don't have to pay for the electricity they are using." This practice is often associated with punching holes through the walls or ceilings for ventilation. The DEA tells the Denver Post that illegal grows are often "expensive properties in upper-middle-class,high-income neighborhoods." Sometimes these homeowners lay a fresh coat of paint on the home and resell the home to unsuspecting buyers. This was the case of David and Christine Lynn who recently purchased a$388,000 home that turned out to be a former grow and are currently suing the previous homeowners. 35 Mid-Year Update,by the Colorado Department of Revenue, Marijuana Enforcement Division: This report includes information on marijuana business licensing status, number of plants cultivated for medical and recreational purposes, volume of marijuana sold within both recreational and medical markets, units of infused edibles and non-edibles sold, mandatory retail testing for edibles, enforcement activity and administrative actions taken by the state's licensing authority from January through June 2016. 36 Cannabinoid Dose and Label Accuracy in Edible Medical Cannabis Products: A study including 3 California and Washington cities sought to determine the accuracy of dosage labels on edible medical cannabis products. Nine dispensaries selling baked goods,beverages, and candy or chocolate were selected for the study. Individuals with a physician's letter were assigned to purchase a "large variety of products... within budget ($400/city)." The resulting 75 purchased products were tested by researchers to determine whether the indicated levels of tetrahydrocannabinol (THC) and cannabidiol (CBD) of the edible products were accurate, within 10%. Of the purchased products, which included 47 different brands, 17%were determined to be accurately labeled, 23 percent were under labeled, and 60 percent SECTION 10: Reference Materials Page 1160 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 were over labeled for THC content. Forty-four products (59 percent)were found to have detectable levels of CBD, of which only 13 were labeled to include CBD. None of the 13 labels for CBD were accurate, 4 were under labeled, and 9 were over labeled. Inaccurate labeling of products may lead consumers to get more of an effect than desired or not enough to produce the desired medical benefit. 37 Tracking the Money That's Legalizing Marijuana and why it Matters:The National Families in Action (NFIA) released a report in the early part of 2017 regarding the financial support behind marijuana related ballot initiatives. The NFIA tracked the majority of the financial support on these initiatives for the past two decades to three private parties worth billions of dollars. The report outlines how much money per initiative is contributed by the three billionaires compared to other sources. Additionally, the report gives reasons for why the financial contributions of three individuals matter for the overall legalization of marijuana in the nation. 38 Seed to Sale Tracking for Commercial Marijuana:This report examines the concept of seed to sale tracking for marijuana plants. Radio Frequency Identification (RFID) tracking is discussed along with some of the positives and negatives of Inventory Tracking Systems. 39 Houston HIDTA Marijuana Legalization Threat Assessment, "Why Marijuana Legalization is NOT a Good Idea for Texas":This document, put together by the Houston Investigative Support Center, intends to provide easy access to salient facts regarding the serious negative consequences of marijuana legalization in the United States. Topics addressed include public health and safety ramifications, as well as economic and social impacts of marijuana legalization. 40 Is the Marijuana Industry Actually Making Money for Alaska? One of the most compelling arguments for marijuana legalization is the amount of tax revenue that marijuana would generate. However, with legalization also comes the need for regulation, which also requires money to maintain. In Alaska, the amount of money generated for the 2017 fiscal year was $1.75 million,but the amount of money budgeted for regulation by The Alcohol and Marijuana Control Office was$1.9 million. The goal is that, eventually, the tax revenue generated from the marijuana industry will fully fund the agency. Until then, however, general fund money has to be used to supplement the rest of the budget. From 2015 through 2018 a total of"$4.57 million has been budgeted from the state's general fund to regulate marijuana." It is the goal of The Alcohol and Marijuana Control Office that by the year 2020 the agency will be self- supported. 41 SECTION 10: Reference Materials Page 1161 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Working Paper on Projected Costs of Marijuana Legalization in Rhode Island: This paper was written in an effort to inform Rhode Island legislators about the potential economic impact of marijuana legalization in Rhode Island. The paper indicates that "although a full cost accounting of marijuana legalization would be impossible at present, enough data exists to make rough-and-ready estimates of certain likely direct and short-term costs." Some of the costs covered by the paper include administrative and enforcement costs for regulators, costs from drugged driving,health costs from emergency room visits, potential costs related to homelessness, and costs to employers. Costs reported in this paper are projections based off of figures from states with full marijuana legalization. 42 Monitoring Health Concerns Related to Marijuana in Colorado:This 2016 report was published by the Colorado Department of Public Health and Environment in order to address the changes in marijuana use patterns, provide a systematic literature review, and address possible marijuana related health effects in the state of Colorado. The report covers findings addressed by such surveys as the Behavioral Risk Factor Surveillance Survey (BRFSS), Child Health Survey (CHS), Healthy Kids Colorado Survey (HKCS), and the Pregnancy Risk Assessment Monitoring System (PRAMS). In addition to the survey data, the report covers possible marijuana related health effects in Colorado, specifically looking at data from the Rocky Mountain Poison and Drug Center (RMPDC) and the Colorado Hospital Association(CHA). 43 SECTION 10: Reference Materials Page 1 162 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 Sources: 1 David Migoya, "Exclusive: Traffic fatalities linked to marijuana are up sharply in Colorado. Is Legalization to blame?" The Denver Post, August 25th, 2017, <http://www.denverpost.com/2017/08/25/colorado-marijuana-traffic-fatalities/>, accessed August 26th, 2017. 2 Marilyn A. Huestis, "Cannabis-Impaired Driving: A Public Health and Safety Concern," Clinical Chemistry, September 28, 2015, <http://clinchem.aaccjnls.org/content/61/10/1223>, accessed September 29, 2016. 3 Hartman, RL, Brown TL, Milavetz G, Spurgin A, Gorelick DA, Gaffney G, Huestis MA, "Controlled Cannabis Vaporizer Administration: Blood and Plasma Cannabinoids with and without Alcohol," Clinical Chemistry, May 27, 2015, <https://www.ncbi.nlm.nih.gov/pubmed/26019183>, accessed September 29, 2016. 4 Davis KC, Allen J, Duke J, Nonnemaker J, Bradfield B, Farrelly MC, et al. (2016) Correlates of Marijuana Drugged Driving and Openness to Driving While High: Evidence from Colorado and Washington. PLoS ONE 11(1): e0146853. doi:10.1371/j ournal.pone.0146853. 5 Sewell, R. Andrew,James Poling, and Mehmet Sofuoglu. "The Effect of Cannabis Compared with Alcohol on Driving." The American journal on addictions/American Academy of Psychiatrists in Alcoholism and Addictions 18.3 (2009): 185-193. PMC. Web. 7 Feb. 2017. 6 Anica Padilla, "Study: 57 percent of marijuana users in Colorado admit driving within 2 hours," KDVR/Fox 31 Denver, March 9, 2017, <http://kdvr.com/2017/03/09/study-57-percent-of-marijuana-users-in-colorado-admit- driving-within-2-hoursL>, accessed March 21, 2017. Hartman RL, Richjan JE, Hayes CE, Huestis MA, "Drug Recognition Expert (DRE) examination characteristics of cannabis impairment," April 22, 2016, <https://www.ncbi.mlm,nih.gov/pubmed/27107471>, accessed September 20, 2016. $Desrosiers NA, Ramaekers JG, Chauchard E, Gorelick DA, Huestis MA, "Smoked cannabis' psychomotor and neurocognitive effects in occasional and frequent smokers," March 4, 2015,<https://www.ncbi.nlm.nih.gov/pubmed/25745105>, accessed July 29, 2017. SECTION 10: Reference Materials Page 1 163 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 9 Balikova M, Hlozek T, Palenicek T, Tyls F, Viktorinova M, Melicher T, Androvicova R, Tomicek P, Roman M, Horacek J, "Time profile of serum THC levels in occasional and chronic marijuana smokers after acute drug use—implication for driving motor vehicles," 2014, <https://www.ncbi.nlm.nih.gov/pubmed/24625019>, accessed July 29, 2017. 10 Hartman RL, Brown TL, Milavetz G, Spurgin A, Gorelick DA, Gaffney GR, Huestis MA, "Effect of Blood Collction Time on Measured A9-Tetrahydrocannibinol Concentrations: Implications for Driving Interpretation and Drug Policy," January 2016, <https://www.ncbi.nlm.nih.gov/pubmed/26823611>, accessed July 29, 2017. 11 Melanie Zanona, "Study: Drivers Killed in Crashes More Likely to be on Drugs than Alcohol," The Hill, April 26th, 2017, <http://thehill.com/policy/transportation/330648-drivers-in-fatal-crashes-more-likely-to- be-on-drugs-than-alcohol>, accessed August 17th, 2017. 12 James Hedlund, "Drug-impaired Driving: A Guide for States," Governors Highway Safety Association (GHSA), April 2017 Update, <https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rj a&uact =8&ved=OahUKEwjLrNHUirf WAhUI2oMKHVVWBuIQFggoMAA&url=http%3A%2F% 2Fwww.ghsa.org%2Fsites%2F default%2Ffiles%2F2017- 04%2FGHSA_DruggedDriving2017_FINAL.pdf&usg=AFQj CNFoM3Mj52HFSwYS1m- yFYNYaoBGEA>, Accessed September 22, 2017. 13 Janice Wood, "Marijuana Use Up Among Teens Since Legalized in Colorado, Washington," PsychCentral, December 27, 2016, <hl 1ps://psychcentral.com/news/2016/12/27/marijuana-use-up-among-teens-since- legalized-in-colorado-washington/114378.html>, accessed December 29, 2016. 14 Alan Mozes, "Pot smoking common among pregnant teens," Healthday, April 28, 2017,<http://www.cbsnews.com/news/pot-smoking-common-among-pregnant-teens/>, accessed April 24, 2017. 15 George Sam Wang, MD; Marie-Claire Le Lait, MS; Sara J. Deakyne, MPH; et al, "Unintentional Pediatric Exposures to Marijuana in Colorado, 2009-2015," September 6, 2016, <http://jamanetwork.com/journals/jamapediatrics/article-abstract/2534480>, accessed August 3, 2017. SECTION 10: Reference Materials Page 1164 A The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 16 Lindsey Tanner, "Pediatricians warn against teen pot use amid increasingly lax laws," The Associated Press, as published in The Denver Post, February 27, 2017, <http://www.denverpost.com/2017/02/27/pe diatricians-warn-against-pot-use/>, accessed March 7, 2017. 17 Laura Kelly, "Study finds increase in illicit pot use, abuse in states that allow medical marijuana," The Washington Times, April 26, 2017, <http://www.washingtontimes.com/news/2017/apr/26/study-finds-increase-in-illicit- pot-use-abuse-in-s/>, accessed August 17, 2017. 18 Quest Diagnostics, "Drug Positivity in U.S. Workforce Rises to Nearly Highest Level in a Decade, Quest Diagnostics Analysis Finds," Press Release, September 25, 2016, <http://ir.questdiagnostics.com/phoenix.zhtml?c=82068&p=irol- newsArticle&ID=2202029>, accessed September 15, 2016. 19 Dennis Romero, "Marijuana Is Not Safe to Smoke, Researchers Say," LA Weekly, February 14, 2017, <http://www.laweekly.com/news/marijuana-is-not-safe-to-smoke- researchers-say-7927826>, accessed March 2, 2017. 20 Keith Humphreys, "These College Students Lost Access to Legal Pot—and Started Getting Better Grades," The Washington Post, July 25th 2017, <https://www.washingtonpost.com/news/wonk/wp/2017/07/25/these-college-students- lost-access-to-legal-pot-and-started-getting-better-grades/?utm_term=.5b072778f294>, accessed August 9th 2017. 21 Samantha Smith, "More U.S. women report using marijuana during pregnancy, amid uncertainty on potential harms," The Cannabist, February 9, 2017, <http://www.thecannabist.co/2016/12/19/study-women-marijuana-use- pregnancy/69672/>, accessed May 17, 2017. 22 Catherine Saint Louis, "Pregnant Women Turn to Marijuana, Perhaps Harming Infants," The New York Times, February 2, 2017, <https://www.nytimes.com/2017/02/02/health/marijuana-and-pregnancy.html?_r=1>, accessed March 8, 2017. 23 Mark Gold, MD, "Researchers &NIDA Warn Marijuana Use Could Be Toxic and Is Contraindicated in Pregnancy," Rivermend Health, September 15th, 2017, <https://www.rivermendhealth.com/resources/researchers-nida-warn-marijuana-use- toxic-contraindicated- SECTION 10: Reference Materials Page 1165 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 pregnancy/?utm_source=RYCUNewsletter&utm_medium=email&utm_campaign=RYC U>, accessed September 18th, 2017. 24 Bruce Jancin, "Marijuana abuse linked to increased MI risk," Cardiology News, March 31, 2017, <http://www.mdedge.com/ecardiologynews/article/134784/acute- coronary-syndromes/marijuana-abuse-linked-increased-mi-risk>, accessed August 9, 2017. 25 Yvetter Brazier, "Marijuana Use and Schizophrenia: New evidence suggests link," Medical News Today, December 25, 2016, <http://www.medicalnewstoday.com/articles/314896.php>, accessed April 24, 2017. 26 Howard S. Kim, MD and Andrew A. Monte, MD, "Colorado Cannabis Legalization and Its Effect on Emergency Care,"Annals of Emergency Medicine,July 2016, <http://www.bumc.bu.edu/emergencymedicine/files/2016/08/MJ-legalization-and- impact-on-EM-care.pdf>, accessed August 9, 2017. 27 Zhu, He PhD;Wu, Li-Tzy ScD, RN, MA, "Trends and Correlates of Cannabis- involved Emergency Department Visits: 2004 to 2011,"Journal of Addiction Medicine: November/December 2016-Volume 10-Issue 6-p 429-436, <http://journals.lww.com/journaladdictionmedicine/Abstract/2016/12000/Trends_and_C orrelates_of_Cannabis_involved.9.aspx>, accessed April 17th, 2017. 28 Mark Gold, MD, "Cannabis Use Causing Alarming Increase in Emergency Hospital Visits and Childhood Poisoning," Rivermend Health, <https://www.rivermendhealth.com/resources/cannabis-use-causing-alarming-increase- emergency-hospital-visits-childhood-poisoning/>, accessed April 17, 2017. 29 Jonathan A. Galli, MD;Ronald Andari Sawaya, MD; and Frank K. Friedenberg, MD, "Cannabinoid Hyperemesis Syndrome", Department of Gastroenterology, Temple University School of Medicine, December 2011, <https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3576702/pdf/nihms353647.pdf>, accessed August 2, 2017. 3o Abraham M. Nussbaum, Christian Thurston, Laurel McGarry, Brendan Walker and Allison L. Sabel, "Use and diversion of medical marijuana among adults admitted to inpatient psychiatry," The American Journal of Drug and Alcohol Abuse, <http://www.tandfonline.com/doi/pdf/10.3109/00952990.2014.949727?needAccess=true& >, accessed August 11, 2017. SECTION 10: Reference Materials Page 1166 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 31 Clayton Aldern, "Everything you need to know about pot's environmental impact," Grist, April 19, 2016, <http://grist.org/living/everything-you-need-to-know- about-pots-environmental-impact/>, accessed July 31, 2017. 32 K. Ashworth and W. Vizuete, "High Time to Assess the Environmental Impacts of Cannabis Cultivation," Environmental Science and Technology, February 17, 2017, <http://pubs.acs.org/doi/ipdf/10.1021/acs.est.6b06343>, accessed July 31,2017. 33 Julian Smith, "Cartels are growing marijuana illegally in California—and there's a war brewing," Business Insider, April 08, 2017, <https://finance.yahoo.com/news/cartels- growing-marijuana-illegally-california-194700553.html>, accessed August 3, 2017. 34 Sarah Schueler, "Thousands of marijuana plants found on forest land in Pueblo County," Fox 31 News/Denver,July 3, 2017, <http://kdvr.com/2017/07/03/thousands-of- marijuana-plants-found-on-forest-land-in-pueblo-county/>, accessed August 16, 2017. 33 Tom McGhee, "Marijuana grows leaving more Colorado homes filed with mold," The Denver Post,July 31,2017,<http://www.denverpost.com/2017/07/31/marijuana-leaving- colorado-homes-mold/>accessed September 11,2017. 36 Brohl, Kammerzell, Koski and Burack, "Colorado Marijuana Enforcement Division: 2016 Mid Year Report (January 1-June 30, 2016)," <https://www.colorado.gov/pacific/sites/default/files/Final%20Mid%20year%202016.pdf >, accessed April 19, 2017. 37 Ryan Vandrey, PhD;Jeffrey C. Raber, PhD;Mark E. Raber; et al, "Cannabinoid Dose and Label Accuracy in Edible Medical Cannabis Products," The JAMA Network, June 2015,<http://jamanetwork.com/journals/jama/fullarticle/2338239>, accessed March 13, 2017. 38 National Families in Action, "Tracking the Money That's Legalizing Marijuana And Why It Matters," <https://www.dalgarnoinstitute.org.au/images/resources/p df/cannabis- conundrum/Tracking_Marijuana_Money.pdf>, accessed April 20, 2017. 39 National Marijuana Initiative, "Seed To Sale Tracking For Commercial Marijuana," March 2017, <https://hidtanmidotorg.files.wordpress.com/2017/03/seed-to-sale_march- 2017.pdf>, accessed March 2017. SECTION 10: Reference Materials Page 1167 The Legalization of Marijuana in Colorado:The Impact Vol.5/October 2017 4o Houston HIDTA Investigative Support Center, December 2016, <https://hidtanmidotorg.files.wordpress.com/2016/10/2016-houston-hidta-marijuana- legalization-threat-assessment.pdf>, accessed December 2016. 41 Laurel Andrews, "Is the Marijuana Industry Actually Making Money for Alaska?" Alaska Dispatch News, August 12th, 2017, <https://www.adn.com/alaska- marijuana/2017/08/12/is-the-marijuana-industry-actually-making-money-for-alaska/>, accessed August 17th, 2017. 42 Smart Approaches to Marijuana, "Working Paper on Projected Costs of Marijuana Legalization in Rhode Island," April 2017, <https://learnaboutsam.org/wp- content/uploads/2017/04/10Apr2017-report-re-RI-costs.pdf>, accessed June 2017. 43 Colorado Department of Public Health and Environment, "Monitoring Health Concerns Related to Marijuana in Colorado: 2016," <https://localtvkdvr.files.wordpress.com/2017/01/monitoring_health_concerns_report_fi nal.pdf>, accessed March 2017. SECTION 10: Reference Materials Page 1168 GrecoSherry From: Dianna Quintanilla <DQuintanilla@cyklawfirm.com> Sent: Thursday, March 8, 2018 9:01 AM To: GrecoSherry Subject: Meeting Request: Marijuana cultivation Rich, along with David Genson/Barron Collier would like to set up a meeting with Commissioner Taylor to discuss marijuana cultivation. Availability: Today March 8th 3:30pm (sorry short notice) Friday March 9th 4pm Tuesday March 13th 12:00, 1:00, 2:30, 3:30 Thank you. Dianna Quintanilla CYK Legal Assistant to Richard D. Yovanovich, Esq. The Northern Trust Building 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 P: 239.435.3535 I F: 239.435.1218 COLEMAN 1 YOVANOVICH I KOESTER dquintanillaAcvklawfirm.com Visit cyklawfirm.com to learn more about us. for f t t* 84 `Trusted & Verified 1 GrecoSherry From: Dianna Quintanilla <DQuintanilla@cyklawfirm.com> Sent: Thursday, March 8, 2018 9:01 AM To: GrecoSherry Subject: Meeting Request: Marijuana cultivation Rich, along with David Genson/Barron Collier would like to set up a meeting with Commissioner Taylor to discuss marijuana cultivation. Availability: Today March 8th 3:30pm (sorry short notice) Friday March 9th 4pm Tuesday March 13th 12:00, 1:00, 2:30, 3:30 Thank you. Dianna Quintanilla CYK Legal Assistant to Richard D. Yovanovich, Esq. The Northern Trust Building 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 P: 239 435 3535 I F: 239 435 1218 C t F M A N YO V A N OVICH KOESTER dquintanillaCa�cyklawfirm.com Visit cvklawfirm.com to learn more about us. stir i 4 • ,:Trusted & Verified GrecoSherry Subject: Rich Yovanovich & David Genson/Barron Collier marijuana cultivation Location: Taylor Office Start: Mon 3/12/2018 10:00 AM End: Mon 3/12/2018 10:30 AM Recurrence: (none) Organizer: TaylorPenny 1 GrecoSherry Subject: Bill Barton - Marijuana dispensaries Location: your office or conf. room. Start: Mon 7/24/2017 11:30 AM End: Mcn 7/24/2017 12:00 PM Recurrence: (none) Organizer: TaylorPenny He has a letter he wants to show you. 1 GrecoSherry From: Pat Barton <patbarton.naples@gmail.com> Sent: Thursday, January 18, 2018 3:45 PM To: GrecoSherry Subject: Fwd: Harms of grows in Oregon Attachments: Marijuana Oregon-California-Washington-Colorado 2017 Impacts of Marijuana 7-15-17 Community Info docx.pdf; Citizens for Public Safety, quality of life, property values OP- ED SESSIONS Courageous short cut by AG Sessions.pdf; Marijuana Oregon State Police Marijuana Enforcement PPT.pdf; Marijuana OLCC 11-29-17 Rules Div25_2017 _Bill_TechnicalPackage.pdf Follow Up Flag: Flag for follow up Flag Status: Flagged Penny, it was so nice to visit with you this morning. Upon reading this information further, I think it goes way beyond our current needs. But her bullet points, below, pretty much tell the story of the time and costs to local government. Will ask Drug-Free Collier to send you a copy of the Colorado "2017 High Density Drug Enforcement Report: (sic). Forwarded message From: Shirley Morgan <shirley.morgan@aecinc.com> Date: Wed,Jan 17, 2018 at 6:05 PM Subject: Harms of grows in Oregon To: Pat Barton <patbarton.naples@gmail.com> Hi Pat, First thing to remember is that the marijuana industry as a whole does not abide by regulations, in fact they lie on many land use applications to try and meet city and county land use regulations. Attached is a copy of my most current policy manual that I have developed that provides a lot of insight regarding types of land use regulations that should be put into place (page 100-111) and the types of problems we are having. I have not seen a document that outlines the costs to local and city governments because no one has stopped to calculate those costs, but here is what as see as cost wasters to manage a marijuana program: • Time counsels and commissions have invested in setting up marijuana program • Planning departments have wasted hundreds of hours worth of time • Code enforcement officers can't even keep up with the complaints that are coming in • Law enforcement is so confused about how to enforce our programs that they basically aren't enforcing the programs • Oregon State Police work for our Governor who is totally pro marijuana and does little to help regulate Oregon's program, but I have attached the last report that they sent out • Oregon liquor control commission who licenses the program doesn't even come close to having sufficient staff to man and hold accountable the licensee's. I have attached their overall regulations and rules to give you a glimpse • Fire Departments time if there is a fire at one of the processing facilities and in Oregon because the Oregon legislature redefined pot as a crop, the fire department doesn't have jurisdiction over these farm crops as far as requiring fire safety protocols • Animal control, we are seeing guard dogs that are killing neighbors livestock because pot growers aren't responsible enough to keep them on their own properties The other issues we are seeing with large commercial grows are cartel-like behaviors that are harassing rural farming neighbors, attached in an opinion piece I wrote that provides the details. Let me know if there are other things I can send you. Keep in mind that Oregon legalized medical marijuana in 1998 and basically it has gone unregulated until now. There are over 47,430 medical marijuana growers in Oregon, over 3,448 of those are in my County, Clackamas County. The new legalization program is trying to bring some of these grows into the regulated recreational program, but it doesn't require that they do, so we are seeing about 75%of the medical pot grown going out of state. Shirley 2 NOTICE: This e-mail and any attachments contain confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, print, copy, use or disseminate it. Please immediately notify us by return e-mail and delete it. If this e-mail contains a forwarded e-mail or is a reply to a prior e-mail, the contents may not have been produced by the sender and therefore we are not responsible for its content. From: Pat Barton [mailto:patbarton.naples@gmail.com] Sent: Wednesday, January 17, 2018 2:36 PM To: Shirley Morgan Subject: Harms of grows in Oregon Shirley, am looking for anyone of several expose's you have chronicled in Oregon about the grows in Oregon. Here in Naples, Florida we have a major land owner who is planning to grow marijuana on their property. They are very reputable people (and personal friends) in our community. From your chronicles, I'm aware of the armed guards needed among such grows, the stench (skunk smell)that neighbors are suffering, but I don't see much about the costs to local counties and communities that is being incurred. This comes up next week in our County Commission. We have support, am meeting with the county commission chair tomorow, but with medical marijuana here, we still do not know about zoning. We have staved off the establishment of pot shops here-so far- now they want to grow it. Please resend me the information on the trials of pot farms in Oregon. I did not realize that it was suddenly about us. 3 God bless you for your work and the mission we share, Pat Barton Naples, Florida 4 GrecoSherry From: Ana DiMercurio <aDiMercurio@drugfreecollier.org> Sent: Thursday,January 18, 2018 7:50 PM To: Pat Barton; GrecoSherry Subject: RE: Harms of grows in Oregon Attachments: RMHIDTA Impact Vol 5.pdf Here's the report Pat is referencing. Let us know if you need anything else. Thanks, —Ana From: Pat Barton [mailto:patbarton.naples@gmail.com] Sent:Thursday,January 18, 2018 3:45 PM To: Commissioner Penny Taylor<sherrygreco@colliergov.net> Subject: Fwd: Harms of grows in Oregon Penny, it was so nice to visit with you this morning. Upon reading this information further, I think it goes way beyond our current needs. But her bullet points, below,pretty much tell the story of the time and costs to local government. Will ask Drug-Free Collier to send you a copy of the Colorado "2017 High Density Drug Enforcement Report: (sic). Forwarded message From: Shirley Morgan <shirley.morgan@aecinc.com> Date: Wed, Jan 17, 2018 at 6:05 PM Subject: Harms of grows in Oregon To: Pat Barton<patbarton.naples@gmail.com> Hi Pat, First thing to remember is that the marijuana industry as a whole does not abide by regulations, in fact they lie on many land use applications to try and meet city and county land use regulations. Attached is a copy of my most current policy manual that I have developed that provides a lot of insight regarding types of land use regulations that should be put into place (page 100-111) and the types of problems we are having. I have not seen a document that outlines the costs to local and city governments because no one has stopped to calculate those costs, but here is what as see as cost wasters to manage a marijuana program: 1 • Time counsels and commissions have invested in setting up marijuana program • Planning departments have wasted hundreds of hours worth of time • Code enforcement officers can't even keep up with the complaints that are coming in • Law enforcement is so confused about how to enforce our programs that they basically aren't enforcing the programs • Oregon State Police work for our Governor who is totally pro marijuana and does little to help regulate Oregon's program, but I have attached the last report that they sent out • Oregon liquor control commission who licenses the program doesn't even come close to having sufficient staff to man and hold accountable the licensee's. I have attached their overall regulations and rules to give you a glimpse • Fire Departments time if there is a fire at one of the processing facilities and in Oregon because the Oregon legislature redefined pot as a crop, the fire department doesn't have jurisdiction over these farm crops as far as requiring fire safety protocols • Animal control, we are seeing guard dogs that are killing neighbors livestock because pot growers aren't responsible enough to keep them on their own properties The other issues we are seeing with large commercial grows are cartel-like behaviors that are harassing rural farming neighbors, attached in an opinion piece I wrote that provides the details. Let me know if there are other things I can send you. Keep in mind that Oregon legalized medical marijuana in 1998 and basically it has gone unregulated until now. There are over 47,430 medical marijuana growers in Oregon, over 3,448 of those are in my County, Clackamas County. The new legalization program is trying to bring some of these grows into the regulated recreational program, but it doesn't require that they do, so we are seeing about 75% of the medical pot grown going out of state. Shirley 2 NOTICE: This e-mail and any attachments contain confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit,print, copy, use or disseminate it. Please immediately notify us by return e-mail and delete it. If this e-mail contains a forwarded e-mail or is a reply to a prior e-mail, the contents may not have been produced by the sender and therefore we are not responsible for its content. From: Pat Barton [mailto:patbarton.naples@gmail.com] Sent: Wednesday, January 17, 2018 2:36 PM To: Shirley Morgan Subject: Harms of grows in Oregon Shirley, am looking for anyone of several expose's you have chronicled in Oregon about the grows in Oregon. Here in Naples, Florida we have a major land owner who is planning to grow marijuana on their property. They are very reputable people (and personal friends) in our community. From your chronicles, I'm aware of the armed guards needed among such grows, the stench(skunk smell) that neighbors are suffering, but I don't see much about the costs to local counties and communities that is being incurred. This comes up next week in our County Commission. We have support, am meeting with the county commission chair tomorow, but with medical marijuana here, we still do not know about zoning. We have staved off the 3 establishment of pot shops here - so far - now they want to grow it. Please resend me the information on the trials of pot farms in Oregon. I did not realize that it was suddenly about us. God bless you for your work and the mission we share, Pat Barton Naples, Florida 4 A Baseline Evaluation of Cannabis Enforcement Priorities in Oregon January 2017 NUT Y * Oregon State Police - *� �.�, Drug Enforcement Section N� 3565 Trelstad Ave SE Salem, Oregon 97317-9614 * i Table of Contents Section I: Executive Summary and Strategic Findings from Research Section II: State Compliance on Cannabis Diversion Section III: State Compliance on Cannabis Distribution to Minors and Associated Adverse Public Consequences Section IV: State Compliance on the Growing of Cannabis on Public Lands and the Attendant Public Safety and Environmental Dangers Section V: State Compliance on Prevention of Exploitation of State-Authorized Cannabis Activities for Illicit Activity and Violence in the State's Cannabis Industry Section VI: Conclusion 2 Executive Summary and Purpose Oregon has had a state-authorized medical cannabis system since 1998, and in November 2014, Oregon voters approved the Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act, commonly known as Measure 91 to legally commercialize non-medical retail cannabis in the state. The Drug Enforcement Section at the Oregon State Police created this report to survey currently available data in an effort to evaluate state compliance with the federal guidance for enforcement priorities, issued by former Federal Department of Justice Deputy Attorney General James M. Cole, on • Preventing the distribution of marijuana to minors; • Preventing revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels; • Preventing the diversion of marijuana from states where it is legal under state law in some from to other states; • Preventing state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity; • Preventing violence and the use of firearms in the cultivation and distribution of marijuana; • Preventing drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use; • Preventing the growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands; and • Preventing marijuana possession or use on federal property. To this end, this report examines Oregon's compliance on mitigating these threats and analyzes areas of concern specifically related to these enforcement priorities. 3 History of Cannabis Legality in Oregon Decriminalization of Personal Possession Medical Cannabis Program Recreational Cannabis Legalized 2014 ►Measure 91 Recreational _- Retail Stores Begin Sales 1973 1978 1983 1988 1993 1998 2003 2008 2013 2017 Oregon Decriminalization Bill 1998 Ballot Measure 67 Medical Marijuana (Oregon Medical Marijuana Dispensaries Act) Legalized by Legislature Key Dates 2015 to 2016 October 1, 2016 Licenses ' is Granted and Sales begin �" Through Retail Cannabis October 1, 2015 Early Retail Sales of Stores usable marijuana"tt :u;_;h Licensed Medical Dispensarie .. ! June 2, 2016 Early Retail Sales of Edibles and Concentrates through Licensed Medical Dispensaries July 1,2015 Decriminalization of Adult use am Possession 4 Enforcement Priorities Strategic Findings from this Assessment Cannabis Diversion Diverted Oregon cannabis has an expansive geographic footprint and has been detected outside of the United States. Six Oregon counties are tied to the majority of diversion activity in the state, accounting for 76 percent of diversion seizures by weight and 81 percent of diversion incidents; these counties were also tied to the majority of destinations. Oregon originated cannabis is trafficked to known distribution hubs across the Southeastern, Midwestern, and Northeastern United States. Specifically, the states of Illinois,Minnesota,New York, and Florida represent statistically significant destinations. There is a geographic relationship between the state-authorized Oregon Medical Marijuana Program (OMMP) registrants and dominant diversion counties (originating counties of diversion activity). Accompanying Public Health &Safety Historically, an annual average of two percent of Oregon's traffic fatalities were associated solely with cannabis;this rate has not changed significantly since legalization. As of 2015, 60 percent of 11th graders reported that acquiring cannabis was"easy". The cost and rate of cannabis extraction burn victims has increased substantially since — legalization,with$7.6 million in federal government entitlement programs used to cover the cost of treatment. Currently, 63 percent of Oregon drivers do not know when it is legal to drive after using cannabis. Males 16 to 28 are a high-risk demographic for cannabis impaired driving and account for the majority of the activity in the state. Cultivation on Public Lands To date, legalization has not affected the rate of illicit cannabis cultivation on public land. The Illinois,Applegate, and combined Rogue Watersheds are particularly vulnerable to environmental damage from illicit cannabis grow sites. Illicit cannabis grows have consumed 1.04 billion gallons of water since 2004 and con- sume roughly 442,200 gallons of water daily during the growth season. Eradication and enforcement efforts have a high return on investment; an average of 1,266.55 dollars' worth of illicit cannabis is returned for every dollar spent. 5 Enforcement Priorities Strategic Findings from this Assessment Violence and Illicit Activates Criminals are exploiting Oregon's cannabis industry for financial crimes and fraud. Legal entities in Oregon's cannabis industry have been targeted by violent criminals and armed robberies. Recommended Enforcement Priorities These enforcement priorities require on-going performance monitoring and continual analysis to gauge the efficacy of the state's regulatory regime and enforcement system. To properly evaluate these areas of concern there should be dedicated personnel to collect, analyze, and disseminate information to enforcement forces. Collaborative strategies should be developed to enhance data collection on these enforcement priorities to better evaluate Oregon's compliance with federal guidance. These enforcement priorities and baseline analyses should be core to the development of a state-wide enforcement model. 6 State Compliance on Cannabis Diversion Executive Summary and Purpose The focal points of this section are derived from the federal guidance, issued by former DOJ Deputy Attorney General James M. Cole, on - • Preventing the diversion of marijuana from states where it is legal under state law in some form to other states • Preventing state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity 1 To this end, this section examines Oregon's role in the informal cannabis economy by measuring relative diversion rates and the connection between over-production and external markets.Additionally, geographic concentrations of diversion activity are identified. Strategic Findings s g g • Diverted Oregon cannabis has an expansive geographic footprint and has been detected outside of the United States. • Six Oregon counties are tied to the majority of diversion activity in the state, accounting for 76 percent of diversion seizures by weight and 81 percent of diversion incidents; these counties were also tied to the majority of destinations. • Oregon originated cannabis is trafficked to known distribution hubs across the Southeastern, Midwestern, and Northeastern United States. Specifically, the states of Illinois, Minnesota, New York, and Florida represent statistically significant destinations. • There is a geographic relationship between the state-authorized Oregon Medical Marijuana Program (OMIVIP) registrants and dominant diversion counties (originating counties of diversion activity). 1 Cole,James M.2014."Guidance Regarding Marijuana Financial Crimes." U.S.Department of Justice.February 14.Accessed September 26,2016.https:// www.justice.gov/sites/default/files/usao-wdwa/legacy/2014/02/14/DAG%20Memo%20-%20Guidance%20Regarding%20Marijuana%20Related%20Financial% 20Crimes%202%2014%2014%20%282%29.pdf. 7 Note to readers, the following terms are used throughout this section: Informal Economy: the illicit trade in goods and services all of which are outside state regulation and whose economic relationships are marred by violence. 2,3,4,5 Cannabis: any of the preparations of the flowering tops or other parts of the cannabis plant, which include the psychoactive compound tetrahydrocannabinol (THC), this does not include "Industrial Hemp" as defined in ORS 571.300.6.7 Cannabis Diversion: the illicit exportation of cannabis from states where the substance has been legalized. 8.9 Cannabis Laundering: the process by which cannabis products and proceeds are channeled through the legal marketplace to conceal their origin or destination. 2 Cambridge Dictionary.2016.Cambridge English Dictionary.Accessed September 28,2016.http://dictionary.cambridge.org/us/dictionary/english/black-market. 3 Crawford,Seth S.2014."Estimating the Quasi-Underground:Oregon's Informal Marijuana Economy."Humboldt Journal of Social Relations(36): 120. 4 Schneider,Friedrich,and Colin C Williams.2013.The Shadow Economy.Economic Report,London,Great Britain:The Institute of Economic Affairs:9-27. 5 World Bank.2007.The Informal Sector-What Is It?Why Do We Care,and How Do We Measure It?Economic Report,World Bank.http:// siteresources.worldbank.org/INTLAC/Resources/CHl.pdf 6 Oxford Dictionary.2016.English Oxford Living Dictionaries.Accessed September 26,2016.https://en.oxforddictionaries.com/definition/cannabis. 7 Association of Oregon Counties.2016."Selected Oregon Marijuana Laws."AOC Marijuana.April 5.Accessed September 26,2016.https://drive.google.com/file/ d/OB94ywUpCLn9_TWZiQj VOTO V3bXM/view:9. 8 Cole,James M.2014."Guidance Regarding Marijuana Financial Crimes." U.S.Department of Justice.February 14.Accessed September 26,2016.https:// www.justice.gov/sites/default/files/usao-wdwa/legacy/2014/02/14/DAG%20Memo%20-%20Guidance/020Regarding%20Marijuana%20Related%20Financial% 20Crimes%202%2014%2014%20%282%29.pdf. 9 Association of Oregon Counties.2016."Selected Oregon Marijuana Laws."AOC Marijuana.April 5.Accessed September 26,2016.https://drive.google.com/file/ d/OB94ywUpCLn9_TWZiQj VOTOV3bXM/view:7. 8 "Whatever the effects of drug legalization, declines in nationwide drug traffick- ing are not among them. " --David W. Murray, Hudson Institute Center for Substance Abuse Policy Research" Historically, Oregon has been the source of consumes roughly 84,400 to 169,000 kg (186,100 to high-grade cannabis with a production rate that 372,600 Ib) annually (See Figure 1).17 This would saturates the state's domestic market. 11 According to leave approximately 120,300 to 827,000 kg (265,200 statistics from the Drug Enforcement Administration to 1.8 million lb) of cannabis above what Oregonians (DEA) the state consistently ranks near the top for can conceivably consume. At maximum production plant seizures with 39,198 plants or 47,038 kg capacity, this annual surplus is worth between 4.7 (103,700 lb) of raw plant product seized in 2015 billion and 9.4 billion dollars, at end-user street alone. 12 Estimating Oregon's total market output for prices, on the national informal economy (See Figure cannabis is problematic as activities in the informal 2). economy and illicit market are not monitored. However, one can obtain an approximation by combining production information from the Oregon Liquor Control Commission (OLCC), publicly AnnualConsumptionofCannabis in Oregon by Age Group available registrant data from OMMP, and illicit and Frequency of Use "o"`"'Y Week grow sites' statistics with health survey data to 38,392 kg/yr weeK!y approximate state consumption. 13, 14, 15, 16 Thus, —Da!y ?50.000 NEM�h:p!e Daily assuming a single annual plant yield of 1.2 kg (2.64 n n,cona❑mpsa lb), this mixed-source estimate would place total state production between 289,000 and 911,500 kg ,90.000 21, kg/yr (637,100 to 2 million lb). Using consumption models from the Oregon Health Authority, a 43,061 59,000 8,310 kg/yri National Survey on Drug Use and Health, o . : 30,`, kg/yr among others would mean that Oregon 18 to 24 25 to 44 45 to 64 0 Figure I:Calculated Anneal Cannabis Consumption in Oregon by Age and Frequency 2016'7 10 Murray,David W.2016."Declining Under President Obama?"Hudson Institute.August 5.Accessed September 28,2016.http://www.hudson.org/research/12707- is-marijuana-smuggling-declining-under-president-obama. 11 Investopedia.2016.Market Saturation.Accessed October 6,2016.http://www.investopedia.com/terms/m/marketsaturation.asp. 12 Drug Enforcement Administration.2015.2015 Domestic Cannabis Eradication/Suppression Program 13 Statistical Report.Accessed July 21,2016.https://www.dea.gov/ops/cannabis_2015.pdf. 14 Crawford,Seth S.2014."Estimating the Quasi-Underground:Oregon's Informal Marijuana Economy."Humboldt Journal of Social Relations(36): 131. 15 Hall,Shaun.2016."Report:Over-production of medical pot feeds black market in Oregon."Mail Tribune.July 25.Accessed August 7,2016.http:// www.mailtribune.com/news/20160725/report-over-production-of-medical-pot-feeds-black-market-in-oregon. 16 Oregon Liquor Control Commission.2016."Dispensary Survey Results:A Snapshot of Current Practices and Conditions."Accessed September 21,2016.http:// www.oregon.gov/olcc/docs/commission_minutes/2015/DispensarySurveyResults.pdf 17 Dilley,Ph.D.,M.E.S.,Julia,Caislin Firth,M.P.H.,Erik Everson,M.P.H.,and Julie Maher,Ph.D.2016."Marijuana use,attitudes and health effects in Oregon." Marijuana Report(Oregon Health Authority-Oregon Public Health Division)48.https://public.health.oregon.gov/PreventionWellness/marijuana/Documents/oha- 8 509-marij uana-report.p df. 9 Oregon has been characterized as an Oregon Cannabis epicenter of cannabis production and the Production vs Consumption state's crop yields are worth more than any 18 other agricultural commodity. 7:,- o , 19 Consequently, Oregon's cannabis market ea 2 continues to operate largely outside the * * * * 4 0 o. formal economy, and according to the Heavy Usage ' -* 4-* 4 m i n Portland based consulting firm i�• * If,. ECONorthwest, only 30 percent of the c market activity is captured in legal 7: * * ** * 4 * * 4 * * ' o 20 r 44 * 4 * * v c. transactions. Supporting this appraisal, iiii OLCC examined cannabis consumption trends in the state prior to legalization sales, Light 10,000 kg Cannabis and concluded that heavy consumers would Usage _Produced likely remain outside of the legal market. 21 Figure 1:Comparing Potential Annual Production against Potential Annual Consumption and the Resulting Surplus Cannabis In Oregon, price catalyzes diversion as the state's abundant crop yields cause the value of licit cannabis to plummet, mirroring basic supply and demand, giving Oregon the cheapest cannabis in the nation (See Map 1) 22,23,24 Oregon's informal economy offers considerable savings over the legal market and inherent trust `..)r•" t National Cannabis Prices •' ,,< ' rs: Oregon"Thriacyl,s Price Relative to Other States is ' , ., l ; S Cannabis Prices USD per Gram 5 HQg(Sum; 23 73 ' .::. j .._, _ ... ..\,t,,,,,., \\i‘ w ,elfi'1 Map 1:Oregon Relative to National Cannabis Prices 2017 30 18 Mapes,Jeff.2015."Oregon's big marijuana harvests:How do you bring all that pot into the legal market?"Oregonlive/the Oregonian.May 23.Accessed September 22,2016.http://www.oregonlive.com/mapes/index.ssf/2015/05/oregons_big marijuana_harvests.html. 19 Oregon Department of Agriculture.2016."Oregon Agriculture Facts&Figures."United States Department of Agriculture-National Agricultural Statistics Service.August.Accessed February 8,2017.haps://www.nass.usda.gov/Statistics_by_State/Oregon/Publications/facts_and_figures/facts_and_figures.pdf. 20 Hall,Shaun.2016."Report:Over-production of medical pot feeds black market in Oregon."Mail Tribune.July 25.Accessed August 7,2016.http:// www.mailtri bune.com/news/2 0160725/report-over-production-of-medical-pot-feeds-blac k-market-in-oregon 21 Crombie,Noelle.2015."Heavy Marijuana Consumers Likely to Stay Away from Regulated Retail Market,OLCC Report Concludes."The Oregonian/Oregonlive. February 26.Accessed August 9,2016 22 Bi,Frank.2015."Forbes."A1150 States Ranked by the Cost of Weed(Hint:Oregon Wins).May 12.Accessed April 5,2016.http://www.forbes.com/sites/ frankbi/2015/05/12/the-most-and-1east-expensive-states-to-buy-marijuana/#2097a6fc27ed. 23 Price of Weed.2016.Price of Weed,a Global Price Index for Marijuana.Accessed January 3,2017.http://www.priceofweed.com/ 24 Green,Johnny.2012."Why is Oregon Marijuana So Cheap?" The Weed Blog.January 20.Accessed September 21,2016.http://www.theweedblog.com/why-is- oregon-marijuana-so-cheap/. 10 forged upon long-term social ties. 25,26 The state's informal cannabis economy thrives on a surplus of high- quality products and the lucrative profits reaped from a strong external state market. As Dr. Seth Crawford asserts, "We can't consume anywhere near what's produced here. Three to five times what's consumed is leaving here."27 Oregon's overproduction is linked to the state's distinct cultivation preferences. According to the consulting firm ECONorthwest, an estimated 72 percent of Oregon's cannabis is cultivated outdoors, while 28 percent is cultivated indoors. 28 Data from an OLCC dispensary survey on medical cannabis cultivation methods indicates that in the southwestern region of the state, roughly 32 percent is sourced from outdoor cultivation,which is well above the 7 percent national average.29 ' Geographic + --' _ * "". ' _ _',1'. .Registered Growers 20416 I ON1h1F Registered rirow,:ites 2016 Distribution of - --%- ' �ry €�,f Medical Cannabis „...:. Cultivation Activities by County — - . , p , ' "m t. ai Map 2:Geographic Projection of OMMP July 2016 Statistical Snapshot 30 Indeed, southwestern Oregon, particularly the counties of Jackson and Josephine, provides amenable environmental conditions for outdoor cannabis cultivation due to soil composition, temperate climate, and altitude.30 Accordingly, current OMMP information from the Oregon Health Authority (OHA) shows a plethora of registered cultivation sites within Oregon's agricultural breadbasket(See Map 2).31 25 Priceonomics.n.d."The United States of Marijuana."Priceonomics.Accessed January 5,2017.http://priceonomics.com/the-most-expensive-and-cheapest-cities- to-buy/. 26 Crawford,Seth S.2014."Estimating the Quasi-Underground:Oregon's Informal Marijuana Economy."Humboldt Journal of Social Relations(36): 132. 27 Hall,Shaun.2016."Report:Over-production of medical pot feeds black market in Oregon."Mail Tribune.July 25.Accessed August 7,2016.http:// www.mailtribune.com/news/20160725/report-over-production-of-medical-pot-feeds-black-market-in-oregon 28 ECONorthwest.2014.Oregon Cannabis Tax Revenue Estimate.Economic Forecasting,Portland,Oregon:ECONW,7. 29 Oregon Liquor Control Commission.2015."Dispensary Survey Results."Oregon.gov.Accessed June 30,2016.http://www.oregon.gov/olcc/docs/ commission_minutes/2015/DispensarySurveyResults.pdf. 30 Olson,Becky.2015."Chart of the Week:Cannabis Cultivation Methods in Oregon vs.National Breakdown."Marijuana Business Daily.June 8.Accessed June 30, 2016.https://mjbizdaily.com/chart-week-outdoor-greenhouse-cannabis-cultivation-common-Oregon/ 31 Oregon Health Authority.2016."The Oregon Medical Marijuana Program Statistical Snapshot July 2016."Oregon Health Authority.April.Accessed August 27, 2016. 11 Correspondingly, criminal entrepreneurs, thereby proximity and shared space are critical operating within this space generate significant profit features to understanding diversion activities. 35,36 by exploiting surplus medical cannabis and Moreover, the discretionary grower recordkeeping clandestinely diverting it out-of-state.32 For example exemption under OMMP is an easily exploited in 2014, an investigation into two central Oregon loophole, which renders the program into a conduit residents' OMMP operation found evidence of for cannabis diversion. 37 medical cannabis diversion to eastern states, which netted them $200,000 in profit. 33 Available cannabis seizure data from EPIC, indicates varied but persistent diversion activity. 38 Further analysis indicates that there is an While it is problematic to get direct information on association between OMMP registrants and source clandestine activities, the extent of diversion activity diversion counties. 34 When compared to seizure data becomes evident by combining out-of-state seizure from the El Paso Intelligence Center (EPIC), information with estimates of in-state annual crop geographic concentration of registrants' sites are surplus. 39 collocated with dominant diversion centers, Diverted Cannabis Seizures 2006-2016 40 500 kg 0,102 b) 450kg (992(b) 15 400kg (1382 b) 30 —incidents t Qisnmy 350 kg (772 6) 25 Number oT �( 1 300 kg (561 lb) Incidents \\ 20 2505g (551 lb) :: :: ` 30 I( ` 100 kg (220 b) 5 504 mob) o gg g _ ok (0 lb) 0 $ $ $ $ I I I S t t l I o o a o 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8-M ggsasssaggsaggsaggsaggsa ggsggsaggsagg Figure 3:Chronological Trend Calculated Using Normalised Data from EPIC;See Technical Appendix i for Normali:ation Procedures i7 32 Crombie,Noelle.2012."Drug Traffickers Exploit Oregon Medical Marijuana Program's Lax Oversight and Loose Rules."OregonLive/the Oregonian. September 22.Accessed April 4,2016.http://www.oregonlive.corn/health/index.ssf/2012/09/drug_traffickersexploit_orego.html. 33 Lerten,Barney.2014."PD:Redmond'Medical Grow'a Cover for Shipping Operation."KTVZ.November_1.Accessed January 31,2017.http://www.ktvz.com/ news/deschutes-county/pd-redmond-medical-grow-a-cover-for-shipping-operation/68668785 34 El Paso Intelligence Center.n.d.El Paso Intelligence Center.Accessed June 18,2016.https://www.dea.gov/ops/intel.shtml#EPIC.See Appendix i for technical notes. 35 Ibid 36 Oregon Health Authority.2016."The Oregon Medical Marijuana Program Statistical Snapshot July 2016."Oregon Health Authority.April.Accessed August 27, 2016. 37 Westfall,Chris.2016.Oregon Health Authority Medical Marijuana.Portland,OR,May 12. 38 El Paso Intelligence Center.n.d.El Paso Intelligence Center.Accessed June 18,2016.https://www.dea.gov/ops/intel.shtml#EPIC. 39 Childress,Michael. 1994.A System of Description of the Marijuana Trude.Research Summary,Santa Monica:RAND Corporation-Arroyo Center Drug Policy Research Center:2. 12 Information from the DEA Domestic Cannabis Relative to other legalized states, Oregon Eradication and Suppression Program (DCE/SP) has a per-capita diversion rate that is comparable to indicates pervasive illicit cannabis cultivation in the much larger states. Oregon has a per capita state; it is done without environmental diversion rate of 13 events or 180 kg (397 lb) per consideration, pushing production far beyond 100,000 residents; nearly twice that of Washington satiation of local demand. 40 While DCE/SP state (See Table 1). 42 enforcement efforts and subsequent data collection have dwindled since legalization, out-of-state trafficking continues.41 Per Capita Diversion Rate as of 2016 State Weight in kg(Ib) Number of Seizures Population COLORADO 238(525) 28 5,456,574 CALIFORNIA 486(1071) 23 39,530,000 OREGON 180(397) 13 4,028,977 WASHINGTON 97 (214) 7 7,170,351 Table 1:Selected States Ranked by per capita Diversion Rate;Calculated using EPIC data 2006 to 2016 Despite having a relatively small population, Oregon outpaces Washington and has been the Distribution of Contraband confirmed source of 5,177 kg (11,413 lb) of highway Subsets- Oregon cannabis diversion alone.43 This provides a strong indication that surplus cannabis is not discarded, but is in fact trafficked out-of-state and sold for a huge profit margin.44 Oregon shares significant diversion 96% destinations with other established cannabis ■CANNABIS production states such as Colorado, Northern California, and Washington. 45 Seizure data portrays UEDIBLES consistent trafficking activity among legalized West THC Concentrate Coast States heading to destinations in the Eastern � �_s � . United States. 46,47 Figure 4 Distribution of Cannabis Contraband Subsets,EPIC 2006 to 2016 40 Drug Enforcement Administration(DEA).2016."Oregon Domestic Cannabis Eradication and Suppression Program(DCE/SP)."DEA.Accessed September 25, 2016.https://www.dea.gov/ops/cannabis.shtml. 41 El Paso Intelligence Center.n.d.El Paso Intelligence Center.Accessed June 18,2016.https://www.dea.gov/ops/intel.shtml#EPIC. 42 El Paso Intelligence Center.n.d.El Paso Intelligence Center.Accessed June 18,2016.https://www.dea.gov/ops/intel.shtml#EPIC.See technical appendix i for analytic methodology used to normalize data and calculate per captia rate. 43 Ibid 44 Crombie,Noelle.2012."Drug Traffickers Exploit Oregon Medical Marijuana Program's Lax Oversight and Loose Rules." OregonLive/the Oregonian. September 22.Accessed April 4,2016.http://www.oregonlive.com/health/index.ssf/2012/09/drug_traffickers_exploit_orego.html. 45 El Paso Intelligence Center.n.d.El Paso Intelligence Center.Accessed June 18,2016.https://www.dea.gov/ops/intel.shtml#EPIC. 46 Maben,Scott.2013."Interstate 90 a Major Route for Traffickers Heading East." The Spokesman-Review.January 6.Accessed August 17,2016.http:// www.spokesman.com/stories/2013/jan/06/drug-pipeline/. 47 El Paso Intelligence Center.n.d.El Paso Intelligence Center.Accessed June 18,2016.https://www.dea.gov/ops/intel.shtml#EPIC. 13 A review of Oregon interdiction data indicates in illicit exportation of cannabis (See Map 3). 48 diversion destinations across the continental United Collectively, over the course of ten years these States, Alaska, and British Columbia. For Oregon,the counties have been the confirmed source for 3,912 kg Dominant Diversion Counties (DDCs) of Jackson, (8,625 lb) of diverted cannabis, conservatively valued Multnomah, Josephine, Lane, Deschutes, and between $13,440,625 to $19,292,961 at West Coast Washington (listed in descending order), lead the way wholesale prices. 49 ASHl\CY fOON -fi`� MULTNOMAH ti Dominant Diversion Counties Ranked According to Seizure Activity > 1� DESCHUTES auniontLANF or- • JOSEPHINE i� JACKSON it Map 3:Localized Geographic Projection of Diversion Source Counties According to EPIC Seizure Data 2006—20164' The most frequent destinations for cannabis Importantly, Lane and Multnomah counties are originating from the DDCs include Illinois, connected to nearly half of all destinations (See Map Minnesota,New York, Connecticut, Florida, Georgia, 4). 53 Deeper review indicates the cities Portland, Pennsylvania, Wisconsin, and Idaho; an additional Eugene, Medford, and Grants Pass have the greatest evidence that external demand fuels diversion. 50 level of connection to diversion destinations. 54 Additionally New Economy Consulting, which In closing, law enforcement is unable to keep monitors cannabis in Oregon estimates that nearly 80 pace with out-of-state cannabis diversion. 55 percent of the state's cannabis ends up leaving for the Cannabis legalization has not eliminated the black East Coast.51 This estimate parallels seizure data, market, rather it has changed Oregon's established which shows concentrations of diversion activity in informal economy. Evidence indicates U.S. based the Mid-West and along the Eastern Seaboard.52 cannabis trafficking networks have replaced transnational cartel operations. Now, there are 48 El Paso Intelligence Center.n.d.El Paso Intelligence Center.Accessed June 18,2016.https://www.dea.gov/ops/intel.shtml#EPIC. 49 Cannabis Benchmarks.2016.Cannabis Benchmarks:Weekly Report.October 21.Accessed October 26,2016.https://www.cannabisbenchmarks.com/weekly- report.html#Weekly%20cannabis%20price%20report. 50 Ibid 51 Ellis,James.2016."Pot is Still Lighting up the Black Market."Newsweek.February 14.Accessed September 26,2016.http://www.newsweek.com/weed-black- market-424706. 52 El Paso Intelligence Center.n.d.El Paso Intelligence Center.Accessed June 18,2016.https://www.dea.gov/ops/intel.shtml#EPIC 53 Ibid For network analysis used to calculate centrality see appendix ii. 54 Ibid 55 Ibid For network analysis used to calculate centrality see appendix ii. 14 by Number O SeIZUres Dnervon by Weigiu ^,r [Mitque�f(Cburt"D"nctf Un`Qur.i06`i. . 4!. } . Geographic Scope t Multnomah and Lane Counties' Diversion � `' Activity I Map 4:Mixed Methods Geographic Projection of Diversion Activit;Composed Using Degree Centrality,Volume,and Frequency 52 indications that some are working within the informal The illicit exportation of cannabis must be economy to circumvent the regulated market to stemmed as it undermines the spirit of the law and the preserve their market share.56 In fact, various social integrity of the legal market.58 Crime, especially large media and online forums have sprung up to provide scale underground trade, is difficult to measure and guidance on how to avoid the regulated market.57 distorts economic data and, consequently, Thus, the reality of legalization is that it has provided complicates governance over economic issues. 59 an effective means to launder cannabis products and Indeed, there are tangible negative socioeconomic proceeds, where in essence, actors can exploit legal effects from cannabis diversion, paramount among mechanisms to obscure products' origin and conceal them is that as a form of illicit trade it steals true profits, thereby blurring the boundaries of the economic power from the market, the government, legal market and complicating enforcement efforts. and the citizens of Oregon, and furnishes it to criminals,thereby tarnishing state compliance efforts.60 56 James,Tom.2016."The Failed Promise of Legal Pot."The Atlantic.May 9.Accessed September 26,2016.http://www.theatlantic.com/politics/archive/2016/05/ legal-pot-and-the-black-ma kket/481506/ 57 Davis,Steve.2016."Black Market Marijuana Growing Success Secrets."Big Buds:Grow Your Best Marijuana Ever!Accessed September 26,2016.http:// bigbudsmag.com/black-market-marijuana-growing-success-secrets/. 58 McDowell,John,and Gary Novis.2001."The Consequences of Money Laundering and Financial Crime."Economic Perspectives-An Electronic Journal of the U.S.Department of1State 6-8. 59 Quirk,Peter J. 1997."Money Laundering:Muddying the Macroeconomy."International Monter),Fund.March.Accessed September 26,2016.https:// www.imf.org/extemal/pubs/f/fandd/1997/03/pdf/quirk.pdf. 60 McDowell,John,and Gary Novis.2001."The Consequences of Money Laundering and Financial Crime."Economic Perspectives-An Electronic Journal of the U.S.Department of State 6-8. 15 State Compliance on Cannabis Distribution to Minors and Associated Adverse Public Health Consequences Executive Summary and Purpose The focal points of this section are derived from the federal guidance, issued by former DOJ Deputy Attorney General James M. Cole, on - • Preventing the distribution of marijuana to minors • Preventing drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use 1 To this end, this section examines impaired driving rates, treatment and associated financial fallout from cannabis extraction, and use rates and methods by which minors acquire cannabis in the post-legalization period. Strategic Findings • Historically, an annual average of two percent of Oregon's traffic fatalities were associated solely with cannabis; this rate has not changed significantly since legalization. • As of 2015, 60 percent of 11th graders reported that acquiring cannabis was "easy". • The cost and rate of cannabis extraction burn victims has increased substantially since legalization, with $7.6 million in federal government entitlement programs used to cover the cost of treatment. • Currently, 63 percent of Oregon drivers do not know when it is legal to drive after using cannabis. • Males 16 to 28 are a high-risk demographic for cannabis impaired driving and account for the majority of the activity in the state. 1 Cole,James M.2014."Guidance Regarding Marijuana Financial Crimes."U.S.Deportment of Justice.February 14.Accessed September 26,2016.https:// www.justice.gov/sites/default/files/usao-wdwa/legacy/2014/02/14/DAG%20Memo%20-%20Guidance%20Regarding%20Marijuana%20Related%20Financial% 20Crimes%202%2014%2014%20%282%29.pdf. 16 Note to readers, the following terms are used throughout this section: Cannabis: any of the preparations of the flowering tops or other parts of the cannabis plant, which include the psychoactive compound tetrahydrocannabinol (THC), this does not include "Industrial Hemp" as in defined in ORS 571.300.2'3 Cannabinoid: any of the chemical compounds that are the active constituents of marijuana (cannabis).4'5 DUIC: Driving Under the Influence of Cannabis 6 Initiators and Light Users: new experimental cannabis users or users who consume small doses on a very infrequent basis. Heavy Users: Individuals who consume on a near daily basis or who meet DSM-IV criteria for dependence or abuse. Current Use: Current use of cannabis means any use of cannabis derivatives, in any form, within the past 30 days. ' Poly-Drug Use: Simultaneous use of multiple substances. Terpenes: A diverse class of organic compounds, produced by a variety of plants, but in the context of this writing referring exclusively to compounds present in cannabis, primarily alpha and beta pinene, myrcene, limonene, caryophyllene, and linalool. 8 Delta 9-Tetrahydrocannabinol (THC): The primary psychoactive compound in marijuana. 9 Underage: Cannabis users younger than age 21. 2 Association of Oregon Counties.2016."Selected Oregon Marijuana Laws."AOC Manjuana.April 5.Accessed September 26,2016.https://drive.google.com/file/ d/OB94vwUnCLn9TWZiQj VOTOV3bXM/view:9. 3 Oxford Dictionary.2016.English Oxford Living Dictionaries.Accessed September 26,2016.https://en.oxforddictionaries.com/definition/cannabis. 4 Association of Oregon Counties.2016."Selected Oregon Marijuana Laws."AOC Marijuana.April 5.Accessed September 26,2016.https://drive.google.com/file/ d/OB94ywUpCLn9_TWZiQj VOTO V3bXM/view. 5 Oxford English Living Dictionary.2016.Oxford Dictionaries.Accessed October 26,2016.https://en.oxforddictionaries.com/definition/cannabinoid. 6 Hartman,Rebecca L,and Marilyn A Huestis.2013."Cannabis Effects on Driving Skills."Clinical Chemistry 479. 7 Dilley,Ph.D.,M.E.S.,Julia,Caislin Firth,M.P.H.,Erik Everson,M.P.H.,and Julie Maher,Ph.D.2016."Marijuana Use,Attitudes and Health Effects in Oregon." Marijuana Report(Oregon Health Authority-Oregon Public Health Division):3.https://apps.state.or.us/Forms/Served/1e8509b.pdf. 8 Rahn,Bailey.2016."Terpenes:The Flavors of Cannabis Aromatherapy."Leafly.Accessed October 27,2016.https://www.leafly.com/news/cannabis-101/terpenes- the-flavors-of-cannabis-aromatherapy. 9 European Monitoring Centre for Drugs and Drug Addiction.2017.Cannabis Drug Profile.Lisbon,Portugal,January 27. 17 "Why has government been instituted at all? Because the passions of man will not conform to the dictates of reason and justice without constraint. " -Alexander Hamilton to Cannabis Related Acute Public Health Threats After legalization, Oregon's adult cannabis use rate remains higher than the national average, but has not changed significantly. 11 Additionally, the percentage of Oregonians who have tried cannabis did not change significantly between 2014 and 2015 among any age group. 12 However, since legalization there has been a significant increase in the level of consumption among current adult cannabis users from 29 percent in 2014 to 36 percent in 2015.13 Data from a 2016 state survey supports this trend indicating that about 28 percent of adults self-reported more frequent cannabis use since legalization. 14 Although cannabis use is related to less than one percent of total Emergency Department (ED) visits, there has been a notable rise since legalization in the number of ED cannabis-involved visits (See Figure 1). 15 Independent of changes in user rates, certain activities and actions related to cannabis use pose a hazard to public health and safety. Paramount among these are cannabis impaired driving, explosions and burns caused from cannabinoid extraction, and the use of cannabis products by minors.16,17,18,19 10 Hamilton,Alexander. 1787."Deficiencies of the Confederation." The Founders'Constitution.December 1.Accessed January 30,2017.http://press- pubs.uchicago.edu/founders/documents/v I ch5s21.html. 11 Dilley,Ph.D.,M.E.S.,Julia,Caislin Firth,M.P.H.,Erik Everson,M.P.H.,and Julie Maher,Ph.D.2016."Marijuana Use,Attitudes and Health Effects in Oregon." Marijuana Report(Oregon Health Authority-Oregon Public Health Division)1-89 NEED PAGE.https://apps.state.or.us/Forms/Served/le8509b.pdf. 12 Ibid 13 Ibid 14 The Oregon Public Health Division.2016."Prevention Panel Survey,Health Prevention&Chronic Disease Prevention Section."Oregon Health Authority, October. 15 Dilley,Ph.D.,M.E.S.,Julia,Caislin Firth,M.P.H.,Erik Everson,M.P.H.,and Julie Maher,Ph.D.2016."Marijuana Use,Attitudes and Health Effects in Oregon." Marijuana Report(Oregon Health Authority-Oregon Public Health Division):vii.https://apps.state.or.us/Forms/Served/1e8509b.pdf. 16 Black,Bobby.2015."To Dab or Not to Dab?"High Times.January 2.Accessed October 21,2016.http://hightimes.com/culture/to-dab-or-not-to-dab/. 17 Chang,Hetty.2015."Danger Next Door:Butane Honey Oil"Fires Off Like a Bomb"."NBC Los Angeles.April 23.Accessed October 21,2016.http:// www.nbclosangeles.com/news/local/Danger-Next-Door-An-Emerging-Drug-Crisis-301179201.html. 18 Compton,Richard P,and Amy Beming.2015.Drug and Alcohol Crash Risk. Summary of Behavioral Safety Research,Washing DC:National Highway Traffic Safety Administration(NHTSA)U.S.Department of Transportation. 19 Centers for Disease Control and Prevention.2016.Impaired Driving:Get the Facts.April 15.Accessed October 21,2016.https//www.cdc.gov/motorvehiclesafety/ impaired_driving/impaired-dry_factsheet.html. 18 Cannabis-Related Emergency Department Visits March 2015 to September 2016 Mar-Dec 2015 Jan-Sep 2016 1.831.33 6. 1.446,142 8,532 Ma ,:£ 5,494 o.203 _, o Mar-Dec 2015 Jars-Sep 2016 Total *Cannabis Related Total *Cannabis Related Figure 1:Cannabis Related Emergency Department Visits 2015 to 2016 as Reported by the Oregon Health Authority Cannabis impaired driving remains a tetrahydrocannabinal (THC) is integral to persistent threat to Oregon. Operating a motor vehicle understanding cannabis impairment. Thee areas of the in Oregon is an activity inherently fraught with risk, brain that have the highest density of CB1 receptors impaired, distracted, or not, and the state has annually (cannabinoid receptors), sites where THC can bond to had roughly 5 deaths per 100,000 people the brain, include locations responsible for motor (approximately half that of the national average), coordination, sensory perception, and those tasked mostly related to alcohol (See Map 1). 20,21,22 with interpreting impulses from the body; essential to Cannabis impedes reaction time, perception, operating a vehicle.24,25 Additionally, THC has been attention, motor skills, tracking, and skilled activities, shown to diminish executive functions, which are all which are fundamental to safe driving.23. Indeed, used to prioritize external stimuli and environmental the architecture of the brain as it relates to activities( See Table 1).26,27 20 Centers for Disease Control and Prevention 2012.Injury Prevention and Control:Motor Vehicle Safety.Accessed October 12,2016.http://www.cdc.gov/ motorvehiclesafety/states/occupant_death_rate.html. 21 National Highway Traffic Safety Administration.n.d.Fatality Analysis Reporting System(FARS).Accessed June 16,2016.http://www.nhtsa.gov/FARS.2004 to 2014.Fatality Analysis Reporting System Encyclopedia.http://www-fars.nhtsa.dot.gov/Main/index.aspx. 22 Insurance Institute for Highway Safety Highway Loss Data Institute.2015."General Statistics."IIHS HLDL Accessed December 21,2016.http://www.iihs.org/ iihs/topics/t/general-statistics/fatalityfacts/state-by-state-overview. 23 Hartman,Rebecca L,and Marilyn A Huestis.2013."Cannabis Effects on Driving Skills."Clinical Chemistry 479 24 National Institute on Drug Abuse.2016.Mechanism of Action.October 13.Accessed October 13,2016.https://teens.drugabuse.gov/teachers/mind-over-matter/ teachers-guide/marijuana/mechanism-action. 25 Mackie,K.2008."Cannabinoid Receptors:Where Are They and What They Do."Journal of Neuroendocrinology 1365-2826. 26 Diamond,Adele.2013."Executive Functions."Annual Review of Psychology 135-168. 27 Crean,Rebecca D,Susan F Tapert,Arpi Minassian,Kai MacDonald,Natania A Crane,and Barbara J Mason.2012."Effects of Chronic,Heavy Cannabis Use on Executive Functions."Journal of Addictive Medicine 9-15. 19 Highway Fatalities 2010 to `* '' 1,,,,,,,iitt:?‘:, 201 _ • ft - Distribution of Alcohol vs Cannab s 1 + O r gY o A . '4* # • • , o '... T 0 a ,• 40 $ 4111aik 41:I it.-t # A -.., s . 4 , .... ,, N._ v r ,. as . , Map 1:Geographic Projection ofSubstance Involved Fatal Crashes 2010 to 2015 21 .,« Adverse Effects of Short-Term Cannabis Use and Long-Term Cannabis Use Short Impaired p ' 'ee:m Memory User-Rate Dependent Addiction Impaired Motor Coordinat i m: Stimuli Prioritization Altered Brain Development Altered Judgement for Calculating Risk Diminished Social Mobility In high doses, Paran�pia or Psychosis 28 Chronic Bronchitis , , ,N z r, 5 0;t i ,,c.'rl- m th .1..o , �,1. qi(.,rn i,rnr,C c 28 Blanco,Carlos MD,PhD,Deborah S.PhD Hasin,Melanie M.PhD Wall,Ludwig MD Florez-Salamanca,Nicolas MD,MPH Hoertel,Shuai PhD Wang,Bradley T.PhD Kerridge,and Mark MD,MPH Olfson.2016."Cannabis Use and Risk of Psychiatric Disorders:Prospective Evidence from a US National Longitudinal Study."JAMA Psychiatry 388-395. 20 The available epidemiological evidence on it is legal to drive after using cannabis. 33,34 cannabis intoxication strongly suggests that users who According to data from the National Highway drive while impaired increase their risk of motor Traffic Safety Administration (NHTSA), between vehicle crashes 2-3 times. 29,30,31 Contributing to 2010 and 2015, Oregon drivers who tested positive these rates, evidence suggests that light users for cannabis were involved in an average of six fatal experience heightened driver impairment compared to crashes annually; this trend has persisted post- heavier users. 32 Information from Oregon Health legalization. 35 However, collection gaps exist, as Authority indicates that between 21 to 34 percent of nearly one third of fatal crashes in the state are not subject to toxicology screening(See Figure 2).36 adult users drove within 3 hours of using cannabis and 63 percent of Oregon adults do not know when Average Distribution of Substances in Traffic Fatalities 2010 to 2015 No TestjTest Inconclusive 62.0% PolyPhanna 2.296 Cannabis item 5.0% Cannabis Only (Male Driver) 2.0% Alcohol Only ,_ Cannabis Only 189% (Female Driver) Cannabis&Akohoi 0.3% 0-696 Drug/Alcohol Free 7.5% Other Substances 6.5% Figure 2:Average Distribution of Substances involved in Fatal Crashes 2010 to 2015 from NHTSA FARS 35 29 Cerda,Magdalena,Terrie E.Moffitt,Madeline H.Meier,HonaLee Harrington,Renate Houts,Sandhya Ramrakha,Sean Hogan,Richie Poulton,and Avshalom Caspi.2016.Persistent Cannabis Dependence and Alcohol Dependence Represents Risks for Midlife Economic and Social Problems:A Longitudinal Cohort Study. Empirical Article,Association for Psychological Science. 30 Hall,Wayne.2014."What has Research over the past two decades Revealed about the Adverse Health Effects of Recreational Cannabis Use?"Society for the Study of Addiction 21. 31 Volkow,Nora D,Ruben D Baler,Wilson M Compton,and Susan R B Weiss.2014."Adverse Health Effects of Marijuana Use."New England Journal of Medicine 2219-2227. 32 Hartman,Rebecca L,and Marilyn A Huestis.2013."Cannabis Effects on Driving Skills."Clinical Chemistry 490. 33 Dilley,Ph.D.,M.E.S.,Julia,Caislin Firth,M.P.H.,Erik Everson,M.P.H.,and Julie Maher,Ph.D.2016."Marijuana use,attitudes and health effects in Oregon." Marijuana Report(Oregon Health Authority-Oregon Public Health Division)48.https://public.health.oregon.gov/PreventionWellness/marijuana/Documents/oha- 8509-marij uana-report.pdf. 34 Dilley,Ph.D.,M.E.S.,Julia,Caislin Firth,M.P.H.,Erik Everson,M.P.H.,and Julie Maher,Ph.D.2016."Marijuana Use,Attitudes and Health Effects in Oregon." Marijuana Report(Oregon Health Authority-Oregon Public Health Division): 1-89.https://apps.state.or.us/Forms/Served/le8509b.pdf. 35 National Highway Traffic Safety Administration.n.d.Fatality Analysis Reporting System(FARS).Accessed October 23,2016.http://www.nhtsa.gov/FARS. 2004 to 2014.Fatality Analysis Reporting System Encyclopedia.Accessed June 16,2016.http://www-fars.nhtsa.dot.gov/Main/index.aspx. 36 Tefft,Brian C,Lindsay S Arnold,and Jurek G Grabowski.2016.Prevalence of Marijuana Involvement in Fatal Crashes:Washington 2010-2014.Meta-Analysis Report,Washington DC:AAA Foundation for Traffic Safety:5. 21 Nevertheless, studies indicate that after alcohol, cannabis is the most common recreational drug found in dead or injured drivers and data from 2010 through 2015 indicates that more than half of Oregon's cannabis 2012 Fatal/Injury related fatalities involve cannabis and another Crash Involvement by substance.37,38 This is not surprising given regular cannabis users possess a higher probability for alcohol, Age of Driver tobacco, and illicit narcotics use, and are found to have 1200 a higher propensity for risk-taking behavior. 39 Nationally, the largest segment of cannabis users share demographic characteristics with risk-taking males 18 1 00,30 to 25, who also have a high drunk driving incidence.40, 41'42 As an illustration of this tendency, statistics from Oregon Department of Transportation in 2014 indicate 8000 that nearly 16 percent of all crashes in 2012 involved 224_4, .7W drivers aged 15 to 20 (See Figure 3).43 Available 6852 Fatality Analysis Reporting System (FARS) data 6000 5934 indicates that in Oregon, drivers in cannabis-related fatalities are predominantly male (see Figure 4).44 Oregon Cannabis-Only Involved 4000 = . Vehicle Deaths by Gender 2878 2010 to 2015 2000 1608 15 l_ 3 II1Q 0 16 5 I I ya���yt 'N") '1" bc� fit? hc1� \,b6c 2010 2011 2012 2013 2014 2015 Figure 3:2012 Distribution of Age in Crashes Oregon Department of Transportation 43 ■Men ■Women Figure 4:Distribution by Gender of Cannabis-Exclusive Drivers Involved in Fatal Crashes 2010 to 2015 37 National Highway Traffic Safety Administration.2004 to 2014.Fatality Analysis Reporting System Encyclopedia.Accessed June 16,2016.http://www- fars.nhtsa.dot.gov/Main/index.aspx. 38 Agic,Branka,Gina Stoduto,Gillian Sayer,Anca Ialomiteanu,Christine M Wickens,Robert E Mann,Bemard LeFoll,and Bruna Brands.2013.Characteristics of People who Report Both Driving after Drinking and Driving after Cannabis Use.Medical Research Report,Toronto,Canada:Center for Addiction and Mental Health,Toronto,Canada: 1. 39 Hall,Wayne.2014."What has Research over the past two decades Revealed about the Adverse Health Effects of Recreational Cannabis Use?"Society for the Study of Addiction 22. 40 Lacey,John H,Tara Kelly-Baker,Debra Furr-Holden,Robert B Voas,Eduardo Romano,Anthoney Ramirez,Katharine Brainard,Christine Moore,Pedro Torres, and Amy Beming.2009.2007 National Roadside Survey of Alcohol and Drug Use by Drivers.Technical Report,Washington D.C.:National Highway Traffic Safety Administration. 41 Hartman,Rebecca L,and Marilyn A Huestis.2013."Cannabis Effects on Driving Skills."Clinical Chemistry 479. 42 Substance Abuse and Mental Health Services Administration.2004 to 2014.National Survey On Drug Use and Health(NSDUH).Accessed October 2016.http:// datafiles.samhsa.gov/study-series/national-survey-drug-use-and-health-nsduh-nid 13 517. 43 Oregon Department of Transportation(ODOT).2015.2014 Oregon Motor Vehicle Traffic Crashes Quick Facts.Technical Summary,Salem:ODOT. 44 37 National Highway Traffic Safety Administration.2004 to 2014.Fatality Analysis Reporting System Encyclopedia.Accessed June 16,2016.http://www- fars.nhtsa.dot.gov/Main/index.aspx. 22 Since THC is roughly associated with a (See Figure 5). Furthermore, DRE data from 2013 to doubled crash risk enforcement requires accurate 2015 indicates that the majority of cases related to detection, though the polydrug use of cannabis poses cannabis impairment involved under-aged users, who a challenge.45,46 Statewide rates of Drug Recognition are in a particularly vulnerable stage of brain Expert (DRE) Examinations remain high while development (See Figure 6). 48,49 cannabis related fatalities have been low Oregon Cannabis Involved Traffic Incidents DRE Evalutions vs Fatalities 2011 - 2015 Cannabis Related Fatalities 70 0 500 1000 1500 2000 2500 3000 3500 Figure 5:Comparative Distribution of Cannabis Involved DRE Examinations and Cannabis Related Fatal Crashes 2011 to 2015 " Cannabis Related DRE Examinations by Age and Brain Development Stages 2013 to 2015 160 140 120 140 m w 80 W p 60 , 40 20 0 141611 202224262830323436384042444648505254565860.32646668707377 Pre Frontal Cortex AN Developing au Developed -legal Age -Under Aged Figure 6:DRE Examinations Distribution 2013 to 2015 Broken out by Age Group and Brain Development Stages'4 55 45 Hartman,Rebecca L,Jack E Richman,Charles Hayes,and Marilyn A Huestis.2016."Drug Recognition Expert(DRE)Examination Characteristics of Cannabis Impairment."Accident Analysis and Prevention 220. 46 Asbridge,Mark,Jill Hayden,and Jennifer Cartwright.2012."Acute Cannabis Consumption and Motor Vehicle Collusion Risk:A Systematic Review of Observa- tional Studies."The BMJ344-536. 47 Oregon State Police.2010 to 2015."Drug Recognition Expert Examinations."OSP. 48 Ibid 49 Jackson,Nicholas J,Joshua D Isen,Rubin Khoddam,Daniel Irons,Catherine Tuvblad,William G Iacono,Matt McGue,Adrian Raine,and Laura A Baker.2016. "Impact of Adolescent Marijuana use on Intelligence:Results from Two Longitudinal Twin Studies."Proceedings of the National Academy of Sciences E508. 23 In spite of overwhelming empirical evidence to the contrary, most cannabis users believe they are able to compensate for performance decrements while driving, which renders education ineffective.50,51 Currently the state does not have a per se limit (a set legal threshold) for cannabis impairment, making DRE examinations all the more critical to combating DUIC and minimizing the associated traffic fatalities. Arguably, consideration could be given to adopting zero-tolerance policy towards young driver and novice drivers when it comes to THC. 52,53 While DUIC remains a persistent problem, the These cannabis substances are made by forcing illicit production of cannabis extracts and butane, or another petroleum based solvent, into a concentrates presents a complex emergent threat.54,55 reaction chamber with cannabis, which results in a These novel cannabis substances pose a two-fold liquid mixture of cannabis and solvent. 60,61,62 This threat for public health and safety as they not only process yields a highly potent, 70 to 90 percent pure possess all of the same adverse health effects of THC, semi-liquid mixture of THC and solvent that cannabis, but their manufacture is innately dangerous. can be further refined. Among the most common 56,57 Here again the catalyzing effect of lucrative cannabis concentrates is what has come to be known profits on the Eastern Seaboard drive in-state as "Butane Hash Oil" or "Butane Honey Oil" (BHO). manufacturing.58 These substances are particularly 63 Often, the process takes place in an enclosed area, suitable for out-of-state smuggling, since resulting in the solvent silently filling the space. Once concentrates can be virtually odorless, unlike plant exposed to an ignition source, the solvent violently material, and are more easily concealed. 59 explodes, burning and maiming anyone in its path (See Image 1 and Image 2).64 50 Hartman,Rebecca L,and Marilyn A Huestis.2013."Cannabis Effects on Driving Skills."Clinical Chemistry 489. 51 Terry,P,and K.A.Wright.2005."Self-Reported Driving Behaviour and Attitudes Towards Driving Under the Influence of Cannabis Among Three Different User Groups in England."Addictive Behaviors 619-626. 52 Logan,Barry PhD,Sherri PhD Kacinko,and Douglas PhD Beimess.2016.An Evaluation of Data from Drivers Arrested for Driving Under the Influence in Relation to Per Se Limits for Cannabis.Research Report,Washington DC:AAA Foundation for Traffic Safety. 53 Hall,Wayne.2014."What has Research over the past two decades Revealed about the Adverse Health Effects of Recreational Cannabis Use?"Society for the Study of Addiction 19. 54 Crombie,Noelle.2016."Blast Rocks Legal Marijuana Business in Astoria,sends 2 to Bum Unit."The Oregonian/Oregonlive.October 20.Accessed October 26, 2016.http://www.oregonlive.com/marijuana/index.ssf/2016/10/blastrocks_legal_marijuanabu.html. 55 Hallett,Alison.2013."How Hash Oil is Blowing Up Across the U.S.-Literally."Wired.February 20.Accessed October 26,2016.https:// www.wired.com/2013/02/hash-oil-explosion/ 56 Horey,Jonathan.2016."The Dangers of Dabbing:The Health Risks Posed by the Latest Marijuana Trend." The Huffington Post.August 12.Accessed October 27, 2016.http://www.huffingtonpost.com/dr Jonathan-horey/the-dangers-of-dabbing-th_b_l 1391686.html 57 Romanowski,Kathleen MD,Alura FNP-C Barsun,Peter MD Kwan,Esther MD Teo,Tina MD,FACS,FCCM Palmieri,Soman MD,FACS Sen,Pirko MD,FACS Maguina,and David MD,FACS Greenhalgh.2016.Butane Hash Oil Bums:A 7-Year Perspective on a Growing Problem.Medical Report,Sacramento:American Bum Association: 1. 58 Jackson,Tom.2015."'Shatter,'Super-High Potency Pot,Now Appearing on East-Coast."Chicago Tribune.December 23.Accessed October 27,2016.http:// www.chicagotribune.com/news/nationworld/ct-shatter-super-high-potency-pot-20151223-story.html 59 Rubio,James.2015.Does Vaping Really Smell?(Plus,Sneaky Ways to Deal with Vape Odor).May 25.Accessed October 28,2016.https://blog.smokazon.com/ does-vaping-really-smell-plus-sneaky-ways-to-deal-with-vape-odor/ 60 Seattle Cannabis Co.2015."Cannabis Concentrates-Oils,Wax,Hash and More."Seattle Cannabis Co.February 1.Accessed October 27,2016.http:// seattlecannabis.co/cannabis-concentrates-oils-wax-hash/ 61 Grasscity Forums.2016.How to Make BHO to Pass Testing.Really Nice Wax/Shatter.August 11.Accessed October 27,2016.https://forum.grasscity.com/ threads/how-to-make-bho-to-pass-testing-real ly-nice-wax-shatter.1122034/. 62 Abad-Santos,Alexander.2013."The Amateur's Guide to Dabs."The Atlantic.May 13.Accessed October 26,2016.http://www.theatlantic.com/national/ archive/2013/05/amateurs-guide-dabs/315221/. 63 Seattle Cannabis Co.2015."Cannabis Concentrates-Oils,Wax,Hash and More."Seattle Cannabis Co.February 1.Accessed October 27,2016.http:// seattlecannabis.co/cannabis-concentrates-oils-wax-hash/ 64 Ryan,Jim.2017."Firefighters Find BHO Lab inside Burned Oregon City Building."The Oregonian/OregonLive.January 6.Accessed January 23,2017.http:// www.oregonl ive.c om/ciackamascounty/index.ssf/2017/01/firefighters_fmd_bho_lab_insi.html. 24 i x x `` - _ , , 5 # lot. of , t -°°- 1.. 1.. ; .. ' `. ` t, 4 r , 1. a .: q a.. 4- ,, Image 1 and Image 2: Damage from Clandestine BHO Lab in Oregon City,20176' Notwithstanding the relative safety of the professional systems compared to the ad-hoc apparatuses, both have been the cause of deadly explosions and flash fires across Oregon, making the clandestine BHO lab arguably the most immediate cannabis threat facing the state.65 Even professional outfits experience catastrophic failures as was the case in Astoria in October 2016.66 Additionally, Aside from production hazards, the resulting substance contains high concentrations of THC that can exaggerate recognized adverse effects.67,68 Oregon Burn Center Victims with Cost Unfortunately, the manufacture from of cannabinoid concentrates has BHO Production asd become widespread, and if escalation t=1 Burn Victim 664 continues unimpeded, the incidence 6=$100.000 had ©aa of BHO labs may approach the level ebh of the methamphetamine lab epidemic ®a© that the state once faced. According 666 to information from the Oregon Burn - 6iba o Center (OBC), there were at least 30 i LAO confirmed burn victims between July 00.26 ilita ©©a ©©0 t t t 2015 to July 2016 alone, costing the 6 6414 A©® t t t t t center $5,154,202 to treat.69 Further ©'d>b ©©© ©®a► t t t I t analysis indicates the rate of victims 446 600 I 414► ©©Q t t t t t iliti) 8641 ttttt SO® LI6 ttttt has increased substantially since � �g�e t ©©� t t t t t .®b© ' tit, 2AAA t t t t t recreational cannabis was legalized, gaat 3 t Ni©ii� t 13 I x©86 I 7 I ci8©o t I 30 the majority of which were covered 2012-2014y 4 0 under Medicaid and Medicare (See - - . W Figure 8 and Figure 9).70 A Figure 8:Visual Comparison of BHO Related Burn Victims July 1.2015 with Cost March 2013 to July 2016 78 Recreational Use Legalized 65 Crombie,Noelle.2014."Butane Hash Oil:A Quick and Powerful Marijuana High Feeds Demand,but Home Manufacturing Leads to Explosions."The Orego- nian/OregonLive.May 12.Accessed October 27,2016.http://www.oregonlive.com/marijuana/index.ssf/2014/05/butane_hash_oil_overviewl. _ html. 66 Crombie,Noelle.2016."Blast Rocks Legal Marijuana Business in Astoria,Sends 2 to Bum Unit."The Oregonian/Oregonlive.October 20.Accessed October 26, 1 2016.http://www.oregonlive.com/marijuana/index.ssf/2016/10/blast_rocks_legal_marijuana_bu.html. 67 Weinberg,Bill.2014."Hash Oil Explosions in the News."Global Ganja Report.May 8.Accessed October 27,2016.http://globalganjareport.com/node/848. 68 Horey,Jonathan.2016."The Dangers of Dabbing:The Health Risks Posed by the Latest Marijuana Trend." The Huffington Post.August 12.Accessed October 27,2016.http://www.huffingtonpost.com/dr jonathan-horey/the-dangers-of-dabbing-th_b_11391686.html 69 Legacy Oregon Bum Center.2013-2016."BHO Bum Victims."Legacy Emanuel Oregon Bum Center.Accessed 2016. 70 Ibid 25 Insurance Status & Cost for BHO Burn Victims 2013 - 2016 Pending or Uncovered $31,531 Other Government., $92,974 No Fault Auto Self Pay/Uninsured $5,676 $799,301 Jrivate/Commercial Insurance $1,645,215 Medicaid $5,958,540 Medicare $1..691,680 Figure 9:Insurance Status and Cost of Treatment for Initial Admission at Oregon Burn Center for BHO Related Burns>3 On average, a BHO burn victim costs $192,922 for initial treatment, spending 15 days in the hospital and 13 days in the intensive care unit. Typically, the victims are males near the age of 29 who have an average of 22 percent of their bodies burnt. These characteristics are consistent with findings from the University of California Davis Burn Center on BHO burns, which found that most of the patients were males with a mean age of 29 who had sustained a mean Total Burn Surface Area(TBSA) of 24.1 to 26.8 percent. (See Figure 9). Unlike DUIC rates, the frequency of BHO operation explosions has increased substantially since recreational cannabis legalization, resulting in dozens of victims. Consequently, the unconventional production of cannabis concentrates poses an evident threat to the public health and safety of Oregonians. 71 Ibid 72 Romanowski,Kathleen MD,Alura FNP-C Barsun,Peter MD Kwan,Esther MD Teo,Tina MD,FACS,FCCM Palmieri,Soman MD,FACS Sen,Pirko MD,FACS Maguina,and David MD,FACS Greenhalgh.2016.Butane Hash Oil Burns:A 7-Year Perspective on a Growing Problem.Medical Report,Sacramento:American Bum Association:2. 73 Legacy Oregon Bum Center.2013-2016."BHO Bum Victims."Legacy Emanuel Oregon Bum Center.Accessed 2016. 26 it Preventing the distribution of cannabis to minors is a threat that is more complex and nuanced than those discussed above. Prior to legalization, the Change in Oregon Youth rate of cannabis use in the state was higher than the national average among adults (26 and older) and Perception of Risk of young adults (18 to 25). Data from the Oregon Behavioral Risk Factor Surveillance System Weekly Cannabis Use (BRFSS) indicates that since legalization there has 2014 to 2016 not been a significant change in the rates of use among adults.74 Concurrently, according to Oregon Student Wellness Survey (OSWS), there have not 90% been notable changes in use frequency among Oregon's 8th and 11th graders between 2014 and 80% 2016, as they remain higher than the national average. 75 Yet, according to the 2016 OSWS, 11th 70% graders in Oregon reported that acquiring cannabis would be easier than cigarettes. 76 Interestingly, 60% since legalization there has not been a significant shift in cannabis risk perception among 8th and 1 lth 50% 2014 graders, with nearly 39 percent of 11th graders and 59 percent of 8th graders reporting they were at 40% 2016 "moderate-to-great" risk of harming themselves from cannabis. 77 30% Specifically, OSWS data indicates the risk perception of weekly cannabis use decreased slightly 20% among both 8th and 11th graders, although the change was not statistically significant (See Figure 10. 78 10% Additional information from the 2015 Oregon 61% 59% 42% 39% Healthy Teens Survey (OHTS) indicates that current 0% Sth 11th cannabis use among 8th and 11th graders was higher than current cigarette use, but lower than alcohol Figure 10.Risk Perception among 8"and 11`h Graders 2014 to 2016 about use. 79 OSWS information indicates that higher Weekly Cannabis Use frequency use, defined as a more than 40 times a month, is more common among 11th graders than 8th graders.80 74 Dilley,Ph.D.,M.E.S.,Julia,Caislin Firth,M.P.H.,Erik Everson,M.P.H.,and Julie Maher,Ph.D.2016."Marijuana use,attitudes and health effects in Oregon." Marijuana Report(Oregon Health Authority-Oregon Public Health Division)22.https://apps.state.or.us/Forms/Served/le8509b.pdf. 75 Ibid NEED PAGE. 76 Oregon Health Authority.2016.2016 Oregon Student Wellness Survey.Annual Public Health Survey Results,Portland:Oregon Health Authority. 77 Ibid 78 Dilley,Ph.D.,M.E.S.,Julia,Caislin Firth,M.P.H.,Erik Everson,M.P.H.,and Julie Maher,Ph.D.2016."Marijuana use,attitudes and health effects in Oregon." Marijuana Report(Oregon Health Authority-Oregon Public Health Division):41.https://apps.state.or.us/Forms/Served/1e8509b.pdf. 79 Ibid:28-29. 80 Oregon Health Authority.2016.2016 Oregon Student Wellness Survey.Annual Public Health Survey Results,Portland:Oregon Health Authority. 27 Tempering social norms to reduce cannabis penalties for selling to minors should rapidly escalate use among the youth is difficult to accomplish solely to license revocation. 83 Within the informal through policing practices. Yet, according to research economy, standard counter-narcotics techniques can published in the Case Western Reserve Law Review be used against the peer-to-peer acquisition of "...imposing a threat of criminal risk sufficient to cannabis among minors. Targeting these mechanics deter youth from attempting to access," remains a would likely prove effective as data from the National feasible part of an enforcement model. 81 In this Survey on Drug Use and Health (NSDUH) indicates a context, deterring illicit cannabis distribution would significant portion of younger users acquire cannabis require consistent application of sanctions. 82 through trade or purchase from friends, i.e. through Successful deterrence strategy within the legal localized distribution networks (See Figure 11).84 marketplace hinges upon severe and swift license Sources and Methods for Obtaining Cannabis among Youth Ages 12-20 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Grown-0.86% Traded-116% Method Free Purchased o co ._ 52.017% 40.32°f0 c ui Grown-0.86% Traded-1.16% from 0 Bought Friend- Source Free Gift- 38.37% t f Free from Friend— Bought from Family- 10.80% - 164% Free from Stranger- 2.27% Bought from Stranger- Free from Family- 6.96% 0.63% Figure 11:Sources and Methods of Obtaining Cannabis among Ages 12 through 20.taken from National Data Provided by NSDUH 84 81 Davenport,Steven,Jonathan P Caulkins,and Mark A.R.Kleiman.2015."Controlling Underage Access to Legal Cannabis."Case Western Reserve Law Review: 556. 82 Ibid:560. 83 Ibid 84 Substance Abuse and Mental Health Services Administration.2004 to 2014.National Survey On Drug Use and Health(NSDUH).Accessed October 2016.http:// datafilessamhsa.gov/study-series/national-survey-drug-use-and-health-nsduh-nid 13 517. 28 The immediate acute health effects reviewed abuse disorders with cannabis is key to the above challenge Oregon's public health and safety, preservation of public health.86 Additionally, recently but there are also threats that have yet to arise from published findings demonstrate that long-term long-term cannabis use among vulnerable age groups. cannabis dependence is "more strongly linked to According to an article published in the Journal of the financial difficulties" than alcohol dependence.87 In American Medical Association, "Use of cannabis... closing, cannabis use and availability pose multiple increases the likelihood of use of other substances and distinct threats to the health and well-being of the risk of abuse or dependence on those substances." Oregonians, which ought to be monitored throughout 85 Since smoking and alcohol use are, respectively, the state to ensure compliance with the existing the first and third leading causes of preventable death federal guidance. in the nation,recognizing the association of substance 85 Blanco,Carlos MD,PhD,Deborah S.PhD Hasin,Melanie M.PhD Wall,Ludwig MD Florez-Salamanca,Nicolas MD,MPH Hoertel,Shuai PhD Wang,Bradley T.PhD Kerridge,and Mark MD,MPH Olfson.2016."Cannabis Use and Risk of Psychiatric Disorders:Prospective Evidence from a US National Longitudinal Study."JAMA Psychiatry:393. 86 Mokdad,AH,JS Marks,DF Stroup,and JL Gemerding.2004."Actual Causes of Death in the United States,2000."JAMA 1238-1245. 87 Cerda,Magdalena,Terrie E.Moffitt,Madeline H.Meier,HonaLee Harrington,Renate Houts,Sandhya Ramrakha,Sean Hogan,Richie Poulton,and Avshalom Caspi.2016.Persistent Cannabis Dependence and Alcohol Dependence Represents Risks for Midlife Economic and Social Problems:A Longitudinal Cohort Study. Empirical Article,Association for Psychological Science: 15. 29 State Compliance on the Growing of Cannabis on Public Lands and the Attendant Public Safety and Environmental Dangers Executive Summary and Purpose The focal points of this section are derived from the federal guidance, issued by former DOJ Deputy Attorney General James M. Cole, on - • Preventing the growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands To this end, this section provides an examination of current illicit cultivation on public lands in Oregon and details research on the environmental impact of this activity. Strategic Findings • To date, legalization has not affected the rate of illicit cannabis cultivation on public land. • The Illinois,Applegate, and combined Rogue Watersheds are particularly vulnerable to environmental damage from illicit cannabis grow sites. • Illicit cannabis grows have consumed 1.04 billion gallons of water since 2004 and consume roughly 442,200 gallons of water daily during the growth season. • Eradication and enforcement efforts have a high return on investment; an average of 1,040.38 dollars' worth of illicit cannabis is returned for every dollar spent 1 Cole,James M.2014."Guidance Regarding Marijuana Financial Crimes."U.S.Department of Justice.February 14.Accessed September 26,2016.https:// www.justice.gov/sites/default/files/usao-wdwa/legacy/2014/02/14/DAG%20Memo%20-%20Guidance/020Regarding%20Marijuana%20Related%20Financial% 20Crimes%202%2014%2014%20%282%29.pdf. 30 "The earth provides enough to satisfy every man's needs, but not every man's greed. " -Mahatma Gandhi 2 During the late nineties, Mexican National Drug Trafficking Organizations (DTOs) began cultivating cannabis in Southern California and spread north into Oregon. Due to the tightening of border security in the post 9/11 period in DCE/SP Plant Seizures on Public Land conjunction with increased domestic production, 2011 to 2016 transnational cannabis smuggling became less 120,000 profitable for Mexican DTOs and has all but been 100,°W supplanted by growing and distributing cannabis within the United States. 3 To date in Oregon, ro 80000 cannabis legalization has not had a noticeable 60,000 influence on Mexican National DTOs' illicit Z 40.000 cannabis cultivation operations on public lands, 20,000 (see Figure 1). In fact, a review of Domestic Cannabis Eradication and Suppression Program 2011 zmz 2013 2014 2015 2016 (DCE/SP) data from 2004 to 2016 portrays a Figure 1•Illicit Cannabis Grows on Public Lands 2011 through 2016 According to erratic trend among the annual totals of cannabis DCEESP Records plant seizures on public lands.4 The fluctuations in the number of annual plant seizures appear to have a stronger correlation with climatic events, enforcement models, and prosecutorial changes, than specific legislative changes. 2 Pisupati,Balakrishna.2011."Environment,Biodiversity and Gandhiji."The Hindu.October 2.Accessed January 3,2017.http://www.thehindu.com/news/national/ env ironment-b iodiversity-and-gandhiji/article2504124.ece. 3 Milestone,Jim F,Kevin Hendricks,Alan Foster,Jim Richardson,Sean Denniston,Athena Demetry,Matt Ehmann,Charles Covelier,David Schifsky,and David Fireman.2011."Continued Cultivation of Illegal Marijuana in the U.S.Western National Parks."George Wright Society Conference on Parks,Protected Areas,and Cultural Sites.Hancock,Michigan:The George Wright Society.209-216. 4 Drug Enforcement Administration(DEA).2016."Oregon Domestic Cannabis Eradication and Suppression Program(DCE/SP)."Reported Statistics 2011 to 2016. DEA.Accessed November 18,2016.https://www.dea.gov/ops/cannabis.shtml 31 Independent of fluctuations in annual seizure volume, illicit grow operations leave a lasting scar on Oregon's unique ecosystems. Illicit cannabis grows employ excessive amounts of pesticides, rodenticides, and herbicides, thereby threatening local wildlife habitats. Additionally, many illicit grow sites clear-cut timber, furthering soil erosion and water contamination. Research on the environmental impact of illicit cannabis grows indicates that grows tend to be bunched near water sources, resulting in disproportionate impacts on ecologically important areas.5 Calculating water consumption using DCE/SP data of illicit grows indicates that Oregon is robbed of roughly 122 Olympic swimming pools worth of water annually, or roughly 442,200 gallons of water daily during the growth season,typically May through October(see Figure 2).6,7 *= 20 Olympic SvimmingPools Water Consumption of Illicit Cannabis Grows on Public Land 340 288268 ss 173 144 st at A 108 4- ti 59 55 zgat. ~. # at it ss • 28 26 .+r11y5� 50 �337ss, Figure 2:Water Consumption of Illicit Cannabis Grows on Oregon's Public Lands 2004 to 2016;One Olympic July 1.2015 Swimming Pool is 660,000 Gallons e Recreational Use Legalized This activity results in acute water stress in some of the state's most environmentally sensitive areas. Concentrated and prolonged illicit cannabis cultivation is particularly prevalent in the Applegate, Illinois, and combined Rogue Watersheds (see Map 1). Compared to the regulated cannabis DTOs retain a Hydrological Impact of Illicit _t Cannabis `t ' �ii4.GTaxsEtes F'Ur�gG:'.r+ttnodiiy Consume t7 "} 122 Olympic,-, mm+ng Pools Worth of Water s onAverage orA42,260GalionsDaily . .Geographic Projection of Grow Sites 2011 ,� € Gorafte Water by County Srwvwa6..4 1 • ' x20gweeN.4nea ? ir Map 1:Distribution of Illicit Cannabis Grows across Oregon's Watersheds,2011 through 2016 5 Butsic,Van,and Jacob C Brenner.2016.Cannabis(Cannabis Saliva or C.Indica)Agriculture and the Environment:A Systematic,Spatially-Explicit Survey and Potential Impacts.Environmental Impact Summary,IOP Science: 1-2. 6 Drug Enforcement Administration(DEA).2016."Oregon Domestic Cannabis Eradication and Suppression Program(DCE/SP)."Reported Statistics 2011 to 2016. DEA.Accessed November 18,2016.https://www.dea.gov/ops/cannabis.shtml 7 O'Neill,Casey.2015."How Much Water Does it Take to Grow Cannabis?"The Ganjier.July 2.Accessed December 22,2016.http:// www.theganj ier.com/2015/07/02/how-much-water-does-one-marij uana-p lant-need-to-grow/ 32 competitive advantage as their profits are tax-free and offered in this section are from wholly illicit there is a relatively low operating cost. Additionally, cultivation activities, there are parallel environmental due to the rapid evolution in the legal cannabis concerns about legal operations pilfering water as has market DTOs may exploit chaos to their advantage been the case in the Lower Rogue Watershed.10 There and use the licit market as a pretext to commingle is no debating that water is a finite resource and their activities. None the less the massive combined unregulated cannabis cultivation consumes the state's scope of cannabis agriculture, licit or not, in the state reserves. demands that it be regulated and Annual DCE/SP Plant Seizures researched on par with a conventional by Land Type agricultural commodity.8 <a% ATI DCE/SP information from 2011 NM to 2016 shows that the majority of ■Other Public Lands 8% cultivation activity takes place MI Bureau of Indian predominately on U.S. Forest Service ' 84% Affairs(Li IA) Bureau of Land lands (see Figure 2). 9 Further analysis Management(BLM) indicates that the majority of large- •Private scale grow operations, those over one •Forest Service(USES) thousand plants, were found above 1400 feet in elevation, near the headwaters of many water systems. While the statistics Figure 2:Distribution of Land Types of Illicit cmmabis Grows 2011 to 2016 Return on Investment for Illicit Cannabis Eradication Given the available information, legalization State Wide Enforcement Spending Estimated Seizure Value does not appear to have any noticeable impact on ***** illicit cannabis cultivation on public lands. Illicit cannabis cultivation continues to be a threat to '!.!41r41Vit - * Oregon's environment, and as these activities destroy local ecology they are by extension a threat to public * safety. As has been previously discussed, the allure $ioo.00aaoa . * of profit motivates excessive production. Conversely, > ., * mitigating this threat requires spending and resource allocation for enforcement and eradication. Indeed, there is a limited relationship between spending and / subsequent seizure sizes, with a statewide return on aiF investment of 1,155 dollars' worth of cannabis for every dollar spent on enforcement(see Figure 3). 11 Figure 3:State-Wide Return on Investment for Cannabis Eradication 8 Butsic,Van,and Jacob C Brenner.2016.Cannabis(Cannabis Sativa or C.Indica)Agriculture and the Environment:A Systematic,Spatially-Explicit Survey and Potential Impacts.Environmental Impact Summary,IOP Science:9. 9 Drug Enforcement Administration(DEA).2016."Oregon Domestic Cannabis Eradication and Suppression Program(DCE/SP)."Reported Statistics 2011 to 2016. DEA.Accessed November 18,2016.https://www.dea.gov/ops/cannabis.shtml. 10 Maim,Damian.2016."Officials Worry Water Will Go to Pot."Mail Tribune.December 19.Accessed December 26,2016.http://www.mailtribune.com/ news/20161219/officials-worry-water-will-go-to-pot. 11 Oregon State Police.2016."DCE/SP Budgetary Spending 2011 to 2016."Salem,Oregon:OSP,December 27. 33 The size of cannabis agriculture in the state, Average Seizure legal or not, requires data collection and analysis to Return on Flight Hours understand the environmental impact. Consideration should be given to researching adequate production thresholds, which will diminish surplus cannabis and >9:0 minimize available product for diversion. It is difficult to prove that simply spending more money will eliminate illicit public lands' cannabis grows. Yet, it is safe to say that dedicated enforcement personnel, access to aerial assets,public outreach, and prosecutorial resolve play significant roles in combating illicit cannabis grows (See Figure 3). = 10 Cannabis Plants yam= 1 Hour Flight Time Figure 3:Average Sei:ure Return for Flight time According to HIDTA Data 2007 to 2015 12 Walter,Shoshana.2016."In Secretive Marijuana Industry,Whispers of Abuse and Trafficking."Reveal News.September 8.Accessed January 28,2017.https://www.revealnews.org/article/in-secretive-marijuana-industry-whispers-of-abuse-and-trafficking/. 34 State Compliance on Prevention of Exploitation of State-Authorized Cannabis Activities for Illicit Activity and Violence in the State's Cannabis Industry Executive Summary and Purpose The focal points of this section are derived from the federal guidance, issued by former DOJ Deputy Attorney General James M. Cole, on - • Preventing revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels • Preventing violence and the use of firearms in the cultivation and distribution of marijuana • Preventing marijuana possession or use on federal property. To this end, this section provides a survey of recent events that typify the exploitation of the state-authorized cannabis industry for illicit activities. 3 tot Strategic Findings • Criminals are exploiting Oregon's cannabis industry for financial crimes and fraud. • Legal entities in Oregon's cannabis industry have been targeted by violent criminals and armed robberies. 1 Cole.James M.2014."Guidance Regarding Marijuana Financial Crimes." US.Department of Justice. February 14.Accessed September 26,2016.https:// www.justice.gov/sites/default/files/usao-wdwa/legacy/2014/02/14/DAG%20Memo%20-%20Guidance%20Regarding%20Marijuana%20Related%20Financial% 20Crimes%202%2014%2014%20%282%29.pd f. 35 "Intelligence is the ability to adapt to change. " - Dr. Stephen Hawking 2 There are several high-profile cases in which banks.4,5 In Eugene a coffee kiosk served as a shell criminals have exploited Oregon's abundant cannabis for comingling funds from cannabis diversion by Eric supplies for illicit gain. One method commonly used Leighton Scully and his multi-state cannabis to facilitate illicit gain from the state's cannabis trafficking network. Scully and his associated secured surplus is to use the Postal Service to ship cannabis more than a million dollars from their diversion products and proceeds. According to former Attorney activities, which they subsequently converted into General Eric Holder, "The Postal Service is being other tangible assets.6 used to facilitate drug dealing...", a clear violation of federal law and a violation of the sanctity of the U.S. Oregon's cannabis industry has become a high- Mail. 3 risk sector for investment fraud. Tisha Silver of Cannacea Medical Marijuana Dispensary falsified As a cannabis supply center, Oregon has been licensing to solicit investors and worked with Green a source state in multi-state cannabis trafficking Rush Consulting to locate unwitting investors. 7 networks. As indicated by court records from 2016, Silver exploited the burgeoning cannabis industry in Stevenson Tran, Loc Bui, Quan Tran, and Peter the state to entice investors to back an in illegitimate Nguyen of Portland shipped at least 318 kg (700 lb.) company, securing a quarter of million dollars in of cannabis to fraudulent gains. According to some analysts, cannabis investors fell prey to "pump and dump" Wisconsin, where the at least 2.5 million dollars of schemes and lost up to 23.3 billion dollars in 2014 proceeds were structured and laundering in Wisconsin 8 alone. 2 The Telegraph.n.d."Professor Stephen Hawking: 13 of His Most Inspirational Quotes."The Telegraph.Accessed January 28,2017.http://www.telegraph.co.uk/ news/science/stephen-hawking/12088816/Professor-Stephen-Hawking-l 3-of-his-most-inspirational-quotes.html?frame=3544129. 3 Postal Reporter.2014."Holder:Postal Service Mail Used for'Shocking Amount of Drug Dealing."Postal Reporter.April 4.Accessed December 22,2016.http:// www.postal-reporter.com/blog/holder-postal-service-mail-used-for-shocking-amount-of-drug-dealing/ 4 IRS.2016."Examples of Money Laundering Investigations-Fiscal Year 2017."IRS.December 28.Accessed February 6,2017.https://www.irs.gov/uac/examples- of-money-laundering-investigations-for-fiscal-year-2017. 5 The United States Attorney's Office Western District of Wisconsin.2016."Final Defendant Sentence in Marijuana Distribution and Money Laundering Case." United States Department of Justice.December 14.Accessed January 22,2017.https://www.justice.gov/usao-wdwi/pr/fmal-defendant-sentenced-marijuana- distribution-and-money-laundering-case. 6 Moran,Jack.2016."Business Used as Front for Drug Ring."The Register-Guard.May 14.Accessed February 6,2017.http://projects.registerguard.com/rg/news/ 1ocal134367153-75/eugene-coffee-kiosk-owner-adm its-money-laundering-charge-his-mother-also-pleads-guilty.html.csp. 7 Crombie,Noelle.2016."State Slaps Portland Dispensary Owner with$40,000 Fine in Fraud Inquiry."The Oregonian/OregonLive.July 29.Accessed February 6, 2017.http://www.oregonlive.com/marijuana/index.ssf/2016/07/state_slaps portland_dispensar.html. 8 Sapient Investigations Inc.2015."High Times for Fraud."Sapient Investigations Newsletters.February 10.Accessed November 22,2016.https:// sapientinvestigations.com/spi-news/high-times-for-fraud/. 36 Financial crimes not withstanding, cannabis is Other prominent cannabis production states a lucrative target for robbery and as recently as have had cases of sexual exploitation and forced labor December 2016 a state-licensed cannabis producer linked to cannabis grows. In California's Emerald was targeted for a violent armed robbery.9 In the Triangle so-called "bud-trimmers or trimmigrants" aforementioned case, a well-known cannabis grower have been raped, trafficked, and abused by cannabis in Jackson County was assaulted, bound, and his growers.12 While there is no credible indication that harvest was taken by armed assailants. this form of human trafficking is happening in Oregon, preventing it from taking root should be a Oregon's new cannabis industry is filled with priority. hype and great deal of market volatility; appealing environmental conditions to financial criminals and fraudsters. l° These cases exemplify the range of crimes taking root in Oregon's cannabis sector. Oregon's cannabis businesses are cash intensive operations, and as such are easy targets for robbery and financial exploitation. The ever expanding myriad of cannabis related support services and specialties poses a challenge to enforcement. 9 Crombie,Noelle.2016."Masked Intruders Hit Legal Marijuana Grow--Frist Violent Crime at Licensed Pot Farm."The Oregonian/OregonLive.December 29. Accessed January 27,2017.http://www.oregonlive.com/marijuana/index.ssf/2016/12/authorities_investigating_assa.html. 10 Consumer Reports.2015."Why Marijuana Stocks Might Go Up in Smoke."Consumer Reports Money.June 28.Accessed January 15,2017.http:// www.consumerreports.org/cro/news/2015/06/why-marijuana-stocks-might-go-up-in-smoke/index.htm. 37 Conclusion and Recommendations for Enhanced Compliance with Enforcement Priorities Executive Summary and Purpose The conclusions and recommendations of this section are derived from the research and analysis focused the state's compliance with the federal enforcement priorities issued by former DOJ Deputy Attorney General James M. Cole. l Strategic Conclusions • These enforcement priorities require on-going performance monitoring and continual analysis to gauge the efficacy of the state's regulatory regime and enforcement system. • To properly evaluate these areas of concern there should be dedicated personnel to collect, analyze, and disseminate information to enforcement forces. • Collaborative strategies should be developed to enhance data collection on these enforcement priorities to better evaluate Oregon's compliance with federal guidance. • These enforcement priorities and baseline analyses should be core to the development of a state-wide enforcement regime. 1 Cole,James M.2014."Guidance Regarding Marijuana Financial Crimes." U.S.Department of Justice.February 14.Accessed September 26,2016.https:// www.j ustice.gov/sites/default/files/usao-wdwa/legacy/2014/02/14/DAG%20Memo%20%20Guidance%20Regarding%20Marijuana%20Related%20Financial% 20Crimes%202%2014%2014%20%282%29.pdf. 38 "Change is the law of life. And those who look only to the past or present are certain to miss the future. " - John F Kennedy 2 Former DOJ Deputy Attorney General James state only one third of traffic fatalities are tested for M. Cole established clear requirements and drugs or alcohol, making it difficult gasp the totality expectations for states who have chosen to legalize of cannabis impaired driving. Some enforcement cannabis. This report is strictly an initial evaluation priorities cannot currently be evaluated, such as Oregon's relative position to the federal enforcement possession of cannabis on federal property; there is expectations using readily available information. As not an effective method to evaluate state compliance such, there remains a knowledge deficit when it on preventing cannabis possession on federal property. comes to cannabis' long-term interplay with society and which requires future analysis to improve upon Oregon's successful deployment of a the existing body of knowledge. comprehensive enforcement system ought to be developed on empirically sound data and objective A comprehensive review of Oregon's position analysis. Yet, analysis cannot be performed without relative to federal expectations will require continuing information. In turn, information, devoid of evaluation and new information collection. To standardization and aggregation is not easily facilitate future research into cannabis enforcement retrievable or readily analyzed. A balance needs to be efficacy and public health, reporting state agencies stuck between the number of analysts required to must agree standardize and centralize data collection. process and analyze raw data with the collectors of It is advisable to conduct periodic data maintenance information on cannabis related issues. Polices ought to limit erroneous information in the meta-data to be developed that promote uniform reporting, data retention, and facilitate third party access to cannabis related to cannabis diversion. Greater accuracy of the related data for evaluations of performance measures. size of the illicit cannabis market could be obtained if drug use questionnaires were revised to better gauge OSP will continue to evaluate the state's self-reported consumption. Improving existing data relative position to the cannabis enforcement sources, will facilitate on-going evaluation and future expectations. assessments on the impact of cannabis legalization on Oregonians. In the 2 Kennedy,John F.1963."Address in the Assembly Hall at the Paulskirche in Frankfurt." The American Presidency Project.June 25.Accessed January 26,2017. http://www.presidency.ucsb.edu/ws/?pid=9303. 39 Page 11 CITIZENS MON ... . reeerI Ia ea_* Focus-Marijuana www-aurecmm+nrit+r.org Courageous Short Cut by AG Sessions Urban Oregon legalized marijuana, but the truth is it's a faulty and failing law 4001 By Shirley Morgan As the founder of the Citizens for Public Safety, Quality of Life, and Property Values a national volunteer outreach with a focus on the impacts of marijuana in our communities I want to convey that the recent decision by Attorney General Jeff Session's to rescind the Cole Memorandum is a tremendous first step in sending the message that enforcing federal laws should be a top priority. This opinion will review three thoughts, AG Sessions directive, a view of the impacts of marijuana legalization in Oregon, and why it is important to support your local U.S.Attorney's Office. ABOUT SESSIONS DIRECTIVE First, Sessions calls out the importance of giving all U.S. Attorney's across the Country the tools they need to disrupt criminal organizations of which many of our so-called licensed medical and recreational marijuana businesses have become. Sessions doesn't say to the U.S. Attorney's to just exercise their discretion is going after marijuana cases, he says "today's memo on federal marijuana enforcement simply directs all U.S. Attorneys to use previously established prosecutorial principles that provide them with the tools to: • disrupt criminal organization • tackle the growing drug crisis • thwart violent crime across our country Session's has simply restored the U.S. Attorneys ability to do the job they have been hired to do, protect the general public. The new memo calls for the U.S. Attorneys to simply weigh all relevant considerations, including federal law enforcement priorities to help determine how to best protect the general public. Page 12 This is a principal that the Oregon U.S. Attorney's office has adhered to for as long as I can remember with the limited resources that most federal and local enforcement agencies face today. As quoted by Sessions: • "It is the mission of the Department of Justice to enforce the laws of the United States, and the previous issuance of guidance undermines the rule of law and the ability of our local,state,tribal,and federal law enforcement partners to carry out this mission,"said Attorney General Jeff Sessions. "Therefore, today's memo on federal marijuana enforcement simply directs all U.S.Attorneys to use previously established prosecutorial principles that provide them all the necessary tools to disrupt criminal organizations, tackle the growing drug crisis,and thwart violent crime across our country." • These principles require federal prosecutors deciding which cases to prosecute to weight all relevant considerations,including federal law enforcement priorities set by the Attorney General,the seriousness of the crime,the deterrent effect of criminal prosecution,and the cumulative impact of particular crimes on the community. • In the Controlled Substances Act, Congress has generally prohibited the cultivation, distribution, and possession of marijuana. It has established significant penalties for these crimes. These activities also may serve as the basis for the prosecution of other crimes, such as those prohibited by the money laundering statues, the unlicensed money transmitter statue, and the Bank Secrecy Act These statues reflect Congress's determination that marijuana is a dangerous drug and that marijuana activity is a serious crime. https://www.justice.gov/opa/press-release/file/1022196/download I would call Sessions decision a courageous short cut around congress to help get the attention of all those involved in the marijuana industry at all levels which includes organizations that are benefiting from their dealings such as banks, landlords, and suppliers, that they are breaking federal laws. This decision has already gotten the attention of Congress who has over the years through various presidencies done little to help provide the tools necessary to enforce the violations of any of the medical or recreational marijuana programs across the country. Although many innocent voters have been misled by out-of-state highly funded ballot initiatives that push the so-called medical marijuana scheme and the tax and regulate recreational marijuana scheme, many citizens have observed the impacts first hand and are standing up nationwide to bring a strong awareness to these deceptive attempts to try and ignore the impacts to public safety, quality of life, and property values. Drugged driving, diversion to other States, destruction to the environment, diversion to minors, public consumption of tainted pot candies and food, robberies, burglaries, fatal shootings, odors, increased traffic, fires, hash oil explosions are just a few of the impacts that marijuana leaves behind and all are a degradation to our communities. What these corrupt State marijuana laws and Cole Memorandum laws have done is to allow the explosive expansion of marijuana under the name of State tax and regulate programs, ignoring the fact that our local, State, and Federal agencies do not have the resources to Page 13 enforce such regulations that are put into place, therefore turning our rural residential farming communities into battle grounds between rural citizens and cartel-like mega commercial marijuana grows because many of these State programs have redefined marijuana as an agricultural crop, just like a tomato, meaning that a large commercial marijuana grow can show up next to your rural home. IMPACTS OF MEDICAL AND RECREATIONAL MARIJUANA IN OREGON Second, for those living in states with medical marijuana programs prior to all of the marijuana legalization programs, one might take a moment to reflect back on how these medical marijuana laws were being enforced prior to the Cole memorandum being issued, as Sessions is indicating that this new directive simply directs all U.S. Attorneys to use previously established prosecutorial principles that provide them with the necessary tools to disrupt criminal organization. I can recall numerous marijuana raids in many of our local counties and cities in which those abusing the medical marijuana program with organized crime were rounded up under the premise of diversion to other states, opening medical marijuana dispensaries illegally and simply peddling pot to just about anyone. Now we have a new layer of marijuana legalization over the top of existing medical marijuana programs in many states which has opened up the door for increased corruption. In Clackamas County there are over, • 369 marijuana land use applications that have been applied for with over 98% for marijuana production • 29 unregulated hemp grows that are causing massive disruption within the community • 71 code complaints • OLCC who licenses recreational marijuana has received over 598 complaints Licensed facilities are already proving themselves unworthy with local licensed facilities diverting over$1.1 million of marijuana extracts products to Nebraska and they already had a number of County code violations. http://www.oregonlive.com/washingtoncounty/index.ssf/2017/11/oregon man arrested nebraska cannabis extract marijuana.html A twenty acre pasture next to a rural residential farming community in which they are building and proposing over 54 steel and marijuana grow barns which are leased out to marijuana growers has been burglarized,with burglars coming through neighbors properties. http://katu.com/news/local/thieves-smash-walls-with-sledgehammers-steal-pot-plants- from-licensed-grow-facility Page 14 s .41 '4*s4 III"r tt: http://growunits.com/index.html 10770 SE 362nd, Boring, Oregon rbew.<annabis indus/nal part,tot letlar ees.nabis Wsinesaes. spaces '. https://www.dewey.farm/ 11512 S. Barnards Rd, Molalla, Or r � 11512 S Barnards Rd Swrui id;ntj small tot neighot.will be signficantlyimpacted with increased industrial traffic,2411 noise.potential ,. •robberies and burglaries_ This • I c. .. indtrstrialiTed type of compound does not # �` bciooq in out rural tesidentfal fawning a'■ ., communities. z , Cartel-like threatening behaviors are plaguing Oregon's rural residents with such behaviors as: • sexual threats to young women; • drone flights over neighbors • discharge of firearms, after a confrontation with a neighbor; • neighbors stalked by employees with side-arms Page 1s • explosive outbursts of profanity; and verbal demands to get off of our own street. • They have shot at bedroom windows because neighbors wouldn't sign road easement petitions required by certain County and City marijuana regulations • Poisoned dogs of neighbors who oppose their operation • Guard dogs are killing neighbors livestock • In Yamhill County an organic winery is suing a grower because of impacts to his grapes • He has been threatened they will burn down his winery • They killed his baby calf and cut in half the tail of the mother cow • Last month they broke into his daughters home, while she was there and burglarized her computer and paperwork related to their court case • Citizens are filing RICO lawsuits and buying weapons to protect themselves. http://www.oregonlive.com/pacific-northwest news/index.ssf/2017/07/beavercreek_couple_files_racke.html • Licensed OLCC operators are lying on land use applications to try and meet regulations, such as saying the setback is this when it is that • increased traffic • diesel generators running 24/7 • skunk smells with chemicals have triggered headaches, asthma and respiratory problems • illegal water usage Klamath County Sheriff's Office has hired a retired deputy to investigate complaints at grow sites. https://www.heraldandnews.com/news/sheriff-s-office-seizes-millions-in-illegal- cannabis/article 230bd221-3309-5738-a071-11991fab70cd.html They found: • 62 sites Page 16 • 27 sites were visited to determine if recreational or medical • Of the 8 medical only 1 was legal • 6 warrants were served, 8 arrested • 493 plants worth $2-$6.6 million were seized • 91 pounds of marijuana worth $123, 000 to $406,000 were seized • 22 unlawful firearms,tactical gear and soft body armor were seized • Connections to the sites were found in 5 other states o Nevada o Illinois o Florida o Minnesota o Ohio. • 27 of the 62 were visited. Enforcement will continue in 2018 If we cannot develop safe drug policies to protect the public then we have become minions in the hands of faulty and illegal laws. WHY ITIS IMPORTANT TO SUPPORT YOUR LOCAL U.S.ATTORNEY'S OFFICE Thirdly, for those living in states with medical marijuana programs prior to all of the marijuana legalization programs, one might take a moment to reflect back on how these medical marijuana laws were being enforced prior to the Cole memorandum being issued, as Sessions is indicating that this new directive simply directs all U.S. Attorneys to use previously established prosecutorial principles that provide them with the necessary tools to disrupt criminal organizations. I can remember numerous marijuana raids in Oregon in which the local, state and federal law enforcement agencies worked collaboratively together to help disrupt criminal organizations. http://kval.com/news/local/police-bust-s-ore-medical-marijuana-dispensaries It will be more important than ever for our local, state and federal enforcement agencies to join their resources to help restore the damage of what the 8 Point Cole Memorandum has allowed because there was never a protocol that measured the effectiveness of the 8 point criteria. This truly isn't just about lack of resources,because there have never been enough financial resources to deal with the crime in our communities, but it is rather about the community Page I7 and enforcement agencies from all branches coming collaboratively together to help solve the crimes in their communities to help develop safe drug policies. Communities must play their part along with the enforcement agencies. They must be willing to file complaints, sit on various committee's to help develop regulations that work, testify before County Commissioners and City Councils to share their concerns and take a proactive role in understanding how they can best support their local enforcement agencies and law enforcement agencies must also be willing to take the time to listen to the community and their concerns and then develop their enforcement strategies based upon community needs and concerns related to public safety. Recently U.S. Attorney Bill Williams in Oregon was appointed by President Trump to officially become Oregon's U.S.Attorney and he is waiting to be confirmed. I give hats off to U.S. Attorney Williams because of his ability to listen to the citizens and their concerns regarding the impacts of marijuana in our rural residential farming communities. He is attending meetings with citizens, meeting with local officials, and I am sure has a desire to assure that the citizens in Oregon are protected from the corruption and criminal element of the marijuana industry. We look forward to his leadership and his skills to help work collaboratively with our impacted citizens and local, state and other federal enforcement agencies to help protect our communities. Finally, through ballot measures Oregon legalized medical and recreational marijuana, but the truth is, it's a faulty and failing law and we need a very dedicated and strong-minded enforcement approach to help restore the damage that has been caused to our communities by this federally illegal marijuana industry who have been allowed to circumvent federal laws. www.protectoursociety.org www.unwantedpotgrows.com Shirley Morgan lives in Oregon and has a BA in Human Communications from Marylhurst University in West Linn (1999), Oregon; MA in Whole System Design/Organizational System Renewal from Antioch University in Seattle (2003), Washington; MS in Community and Economic Development from Southern New Hampshire University-Manchester,New Hampshire(2008);Associates of Church Leadership-Portland Bible College, Oregon (2015) GrecoSherry • Subject: Dispensary issue Pat & Bill Barton Location: Taylor office Start: Wed 11/15/2017 3:00 PM End: Wed 11/15/2017 4:00 PM Recurrence: (none) Meeting Status: Meeting organizer Organizer: TaylorPenny 1 GrecoSherry From: Dianna Quintanilla <DQuintanilla@cyklawfirm.com> Sent: Thursday, October 12, 2017 4:37 PM To: GrecoSherry Subject: Confirming location Monday October 16th Hello, Just confirming the Cannabis Moratorium meeting for Monday October 16th at 10:00am. Can you confirm the location? Thanks. Dianna Quintanilla CYK Legal Assistant to Richard D. Yovanovich, Esq. The Northern Trust Building 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 P: 239.435.35351 F: 239.435.1218 COLEMAN YOVANOVICH KOESTER dquintanillana cyklawfirm.com Visit cyklawfirm.com to learn more about us. .r4"tti. 8 ..Trusted & Verified PE ,44 14,4, r Both Dianna Quintanilla and Coleman, Yovanovich&Koester,P.A.,intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please notify Leanne Formosa immediately at dquintanilla@cyklawfirm.com or call(239)435-3535,and permanently dispose of the original message. 1 GrecoSherry Subject: Cannibis moratorium - Rich Yovanovich, Dave Genson- Barron Collier Location: Your office Start: Mon 10/16/2017 10:00 AM End: Mon 10/16/2017 10:30 AM Show Time As: Tentative Recurrence: (none) Meeting Status: Meeting organizer Organizer: TaylorPenny Dianna Quintanilla Legal Assistant to Richard D.Yovanovich, Esq. cid:image003.png@01D30138.B0D48370 The Northern Trust Building 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 P: 239.435.3535 I F: 239.435.1218 dquintanilla@cyklawfirm.com CITIZENS OOP for PI9®ertaa el Focus-Marijuana www.pt otec tau r loci a ly.or g IMPACTS OF MARIJUANA POLICY Oregon-California-Washington-Colorado Urban Cities Legalized Marijuana, Rural Counties Pay the Price Protecting our Rural Lifestyle July 21,2017 Authored by: Shirley Morgan Founder of Citizens for Public Safety, Quality of Life,and Property Values on behalf of Citizens of Oregon, California,Washington, Colorado P.O. Box 1351 Welches,Oregon 97067 Clackamas County www.protectoursociety.org itthItt HIGHIAND BUTTE NEIGHBORHOOD WATCH ` Leland Road CITIZENS P.rp.esins au aunt likxtle/� ,,,¢`° " Nel luborhood Watch Citlzeus f WAGON EER LOOP UNWANTED POT CROWS.COM g &,,,,a,01,Orepn NEIGHBORHOOD WATCH CITIZENS Gackan.Comm Protecting our Rural Lifestyle Protecting our Rural lifestyle&Views Oregon City,Oregon Clackamas County Sandy,Oregon Clackamas County Ridge Roaul ,1, Marmot Road SW OLD WELL ROAD et��rte� Neighborhood PIOTI CIACINIASCONTY Neighborhood WatchCitium BORING Neighborhood ' wreehcera, sntnzfingTngclhrt jar thil Tutu', Watch Citizens zv.tlsu.e." Protecting oRowel Lifestyle Mont arm Rotemrg our FLrd treat* oar SO Expos/no the Sorely pedmmes Can ReerererneL Ori Clackamas k�. . •�, impacts of Pot Grows -row sem,,. IMPACTS OF MARIJUANA POLICY Oregon-California-Washington-Colorado CONTENTS 1. Executive Summary 2-7 2. Introduction 8-16 a. Marijuana land use regulation data b. OLCC approved Licenses in Clackamas County c. Exempted Medical Marijuana Grows in Clackamas County N. d. Urban versus rural vote in Clackamas County o e. Oregon Legislatures redefinition of marijuana as farm crop f. Clackamas County Land Use Zones cy 3. Document References 17-24 O 4. Case Study Synopsis 25-29 0 5. 6 Case Study Review ZDO LAND USE # 33-98 0 y a. 13471 S. Leland Rd, Oregon City Z0103-16 EFU 2 o b. 23254 S. Ridge Rd, Beavercreek Z0018-16 TBR E c. 28752 SE Kelso Rd, Boring Z0148-16 EFU 03 d. 10770 SE 362nd, Boring Z0004-16 EFU E e. 26900 SE Forrester Rd, Boring Z0019-16 TBR O f. 11512 S. Barnards Rd, Molalla Z0445-16 EFU To g. Public Safety Butane Explosions & Organized Crime o o Astoria Butane Lab Explosion-Registered with Oregon Health Authority 2 Oregon City Butane Lab Explosion-Illegal o Organized Crime 6. Health and Safety concerns 99-101 >-. 7. Proposed discretionary amendments and rules 102-117 a. General Amendments a b. Retail Signage ac. EFU-Exclusive Farm Use-AGF-Agricultural Forest-TBR-Timber d. RRFF5-Rural Resident Farm Forest-FF10-Farm Forest cc2 8. Letters from Citizens 118-144 t 9. Oregon, Washington & Colorado Impacts of Marijuana Data cn 1— o Review 145 2 MO F.x;t} 1yi Ax; IMPACTS OF MARIJUANA POLICY Oregon-California-Washington-Colorado Urban Cities Legalized Marijuana, Rural Counties Pay the Price Protecting our Rural Lifestyle EXECUTIVE SUMMARY Oregon legalized medical marijuana in 1998 through a well-funded out-of-state ballot measure which has gone unregulated with over 70,000 medical marijuana cardholders that have been issued cards from less than ten marijuana doctors. Cardholders by law can grow 6 mature and 18 immature marijuana plants at home or they can have a marijuana grower o grow it for them. Currently there are over 47,430 marijuana growers growing for N cardholders throughout the State of Oregon with up to 75% of the marijuana grown going to the out-of-state black market. o -a ra http://oregoncatalyst.com/30348-75-oregon-medical-marijuana-black-market.html 0 0 http://www.oregon.gov/olcc/marijuana/Documents/mj_a pp_stats_by_county.pdf �? c 0 lh ,/ ; �_ Arktn4�5 ,.' ;.: N (5 . - ,...... 3123 r Ne9e363 i 3. .. ..o_ S _ ,,. ... 5 kh htixsorvri p -.0.35 Nebr,564 t, _}:,:. .rs.l2s 11 10120030 Nebra5k.; — 3,5'01 am 05/32'12 .a .., V.ash141., 06/26.12 3613, K33;% U - .. 22 0 taA Orro-S ata!r relictions 'Jut of State 1nterd,ctior, CD O 516.363' ,i-rr.io /1, Arlsi,i ,s 29Ib N3bra,ka .!141— 1415 Utah ... 1.2 i6 r ' /31132//2 i@ 1liins,s >- 2013 Oregon State Police o a In November of 2014 a statutory ballot measure 91 passed to legalize marijuana and again z was a well-funded out-of-state campaign whose scheme was to license the growing, sc processing, wholesaling, and retailing of marijuana allowing unlimited numbers licensees a applications and locations throughout the State of Oregon. So what Oregon is seeing a flood 2 of out-of-state investors coming in and buying up rural lands just to grow commercial o marijuana. Since January of 2016 over 2076 marijuana licenses have been issued with 53% E for marijuana production, 1% labs, 11% processors, 30% retail outlets, 7% wholesale, and a .01% for research. MIMS MN 11110 wc.•.�ceM,ra iaas kn FOCUS-WtO*0M The most significant challenge with Oregon's law is that it was urban Oregon who legalized marijuana, yet rural Oregon is paying the price. Once measure 91 passed the Oregon legislature took the measure and redefined marijuana as an agricultural crop which meant that it could be grown in all of our rural residential forest farming communities, just like a tomato, so large commercial industrial type of grow operations with limited regulations are being allowed right in the middle of our rural farming communities, bringing with them many public safety, quality of life, and loss of property values issues with them. Marijuana is a federally illegal drug and the legislature had a very difficult time convincing rural parts of Oregon to open the door to these illegal facilities, so House Bill 3400 was created to allow local counties and cities to ban medical and commercial recreational marijuana. Over 19 of the 36 counties have banned marijuana and over 100 of the 241 cities have banned marijuana, leaving just portions of the State available for commercial and medical marijuana. This has opened the door for out-of-state investors to flood to Oregon buying up land. CN This document serves to provide a view into the significant impacts that are being felt N throughout many Oregon communities. Using five Clackamas County Case studies and interviews with citizens this document will reveal impactful challenges that rural residents are experiencing from the legalization of commercial and medical marijuana. Since Clackamas County's is one of the largest counties in the State this study will give you a microscopic view of their new marijuana land use oregulations and the additional discretionary amendment standards and rules that were 20 recommended by citizens to their local jurisdiction. It serves as a role model of some of the 1g most liberal marijuana land use regulations in Oregon. 56 PUBLIC SAFETY 0 1. In Oregon over 2076 commercial marijuana licenses have been issued by the Oregon Liquor Control Commission (OLCC) the government entity responsible for the implementation. t Z7,1Ali . .�.. ;: >: a . . 26 237 1104 568 139 2 2076 1.2% 11% 53% 27% 7% .01% http://www.oregon.gov/olcc/madjuana/Documents/mj_app_stats_by county.pdf 0 a 2. In Clackamas County over 235 marijuana land use applications have been applied for. 98% production, .04% retail, .02% wholesale, and .03% processing. This has significant impacts because there is no maximum number of applications allowed 2 within the county or within a particular zone, therefore we are finding that growers LL. are taking over particular zones within the County. Clackamas County is a cn neighboring County to Multnomah County who has done very little to regulate the marijuana industry and over 176 of the 568 (31%) statewide commercial retail 2 OMENS OM F.K vS+5 tti'auw outlets are located in Multnomah County, therefore attracting marijuana producers to Clackamas County to produce their grows in our rich agricultural rural farming land. 04111.(90411 363 141 — , i r37 _tea =This shows the number of marijuana licenses that has been issued by OLCC per County with 98% of those licenses being for marijuana production. Over 19 of the 36 counties and over 100 of the 241 cities in Oregon have banned commercial and medical marijuana in Oregon. N- 0 0 3. The County land use application requires documentation of marijuana waste disposal noting that waste shall he stored in a secured waste receptacle in the possession of and under the control of the OLCC the licensee, while OLCC rules identify that disposal of _ marijuana waste must follow DEQ standards for all waste. This is most impactful to the -3 community because the Department of Environmental Quality (DEQ) has decided to g treat marijuana like all other farm waste products which allows for the composting of -05 over 100 tons of farm products on property per year. The impactful question is what t do marijuana producers do with 100 tons of marijuana waste per year and how much t of this marijuana composting product seeps into the ground and our well water systems impacting local wells of neighbors? t6 4. In numerous rural farming area's citizens living next to the over 47,430 unregulated o medical marijuana and 314 Clackamas County commercial grows are encountering: Bully bad behavior attitudes from local pot growers, loose guard dogs killing neighbors livestock, shooting at neighbors windows trying to intimidate them o because they are refusing to sign an easement road use petition which is required by local land use regulations if the commercial grower plans on using an easement road used by others, the unnecessary removal of large numbers of trees, looking for properties with ponds which are being used to grow tilapia fish that are being used as t- fertilizer, the hiring of workers who have not been background checked leading to 0 numerous out-of-state criminals coming in helping to trim and tend their marijuana a crops, and unreported robberies taking place at these facilities. cc al. III Source Goggle Photos taken 3-.2016 7-23-17 Source:Oregon State Ponce 2013 MEE MOON 4 =rct Mc1u(ur QUALITY OF LIFE 5. Clackamas County land use application requires documentation of water rights. In some land use applications applicants have no well and no access to water, yet they are receiving Oregon Development Water Resources water waivers because applicants have identified that they will be collecting as much as 417,000 to 278,000 gallons of rain water annually to water marijuana plants and what they cannot collect they will truck water into these locations, therefore impacting local rural communities with commercial water trucks which is more of an industrial use than a rural residential farming use. There is also great concern with how the water rights will be enforced, in terms of stealing water from neighboring streams, lakes, rivers, wells, and ponds as the Oregon Water Rights Division (OWRD) is treating marijuana as a farm crop and rather than require proof of use, they are operating their enforcement processes as a complaint driven process, which means there will be limited if no enforcement on an industry that has for years pirated water from local streams and 0 ponds. As an example the so-called commercial marijuana grow site below prior to CV even getting an OLCC license is filling a kids swimming pool from a local well, which is CN illegal. Unless the neighbors turn this in as a violation this goes on noticed by the Oregon Water division and local water is depleted for pot grows. This lack of oversight to monitor water use and waste water disposal puts neighboring property owners at risk. 0 U 0 6. Clackamas County does not inform or ask the land use applicant to identify what running water or sanitary toilets will he provided which is a requirement of the OLCC health and safety requirements. (OLCC rules pg. 29 (c) and (e).) This presents a very cb impactful public safety, quality of life, and property value loss within the rural communities because when asked, OLCC notes that porta potties meet their toilet standards. U a So imagine not only has your rural residential farming property been invaded by an industrial commercial type of operation using industrialized high quantities of power (many of which are blowing transformers), but is also growing a federally illegal drug and operates by cash, emits the skunk smell of pot all of which is not your standard farming practice, but rather this 4 acre EFU parcel next door is now installing: U • 6-30' x 100' greenhouses with 123 commercial fans • 2-60' x 83' primary processing buildings • a 44 parking spot area for their employee's • has no well or running water so they will be collecting not potable rainwater and trucking in water • will be allowed to install porta potties and portable water stations for their employee's 10' off neighbor's property lines d 2 ill MEM WIN Focus Mori;,urr3 PROPERTY VALUES 7. OLCC is issuing more than one commercial marijuana license at one site address. This has significant impacts for all zoned properties in Clackamas County because whether small in acreage or large, an entire piece of property can be used by the owner or leased to other marijuana growers, utilizing the entire piece of property to grow marijuana and hemp.4111, � t, sft. Industrial marijuana grow barns proposed N ti 0 8. OLCC can issue recreational licenses only after it receives a land use compatibility o statement from the relevant county[which the county must provide within 21 days].This v has significant impacts to rural residents because local marijuana investors are o flooding into Oregon, buying up properties, getting their land use application and .C° then building large greenhouses and agricultural processing buildings 10' off of 0 property lines before they have even qualified or been issued a OLCC marijuana license, creating a number of risks not only for the investor, but also for neighbors E located next to these facilities. o 0 9. It has been documented in numerous locations that surrounding property owners are w abandoning their homes,putting them on the market for sale some of which have sold o some which have been on the market for over a year having a significant impact on neighboring properties. 0 5 thI x O e Natgh6U.sS2 milgOn dvYa..eerremenc I�I�I�I hom h h,,dI- on thema,ke I?tSC1i1/11,COUNTY Med'rcal qna potg 10'u{Fni progeny lin rater roverayearandcannotV I .' O M1,ergl,bmh t red nd pG d.ree. I tp rea.ea buNerfrorn rhe ' U d CITIMIS MON 6 Pot grower has be le tTruse this building for commertild - use this is an easement road and they cannot get 100% permission from all other property owners that use this road. I' - • • I Eager pot grower purchased this 9?.000 Sg.Ft.horse '# stable in hopes to lease 19 locations to pot growers as well as create a processing center.The pot - • - '- - entrepenuers are looking for in trouble properties adn buying them up at low prices.This 8 acre parcel was .. purchased for 5556^000 O N 29300 SE Lariat In Original owner purchased this property because o this location had a horse stable and they wanted their kids to be able 0 to ride. Then the stable was purchased by pot grower. Owner of this property was devastated and put his property up for sale. On 10/31,`16 the property sold for$495.000O . Though the property did sell.the fact that a proposed commercial pot grow tried to move in next door, SOLD FOR CASH 517.000 UNDER THE ASKING PRICE caused the property owner to sell their property. 29500 SE Lariat Lane SOLD$398.000 asking price$445,000 co http://www.zillow.com/homedeta ils/29500-SE-Lariat-Ln-Boring-OR-97009/48221311_zpid/ 0 http://golocalpdx.co-rl/news/will-marijuana-grow-sites-affect-neighboring-property-values 0 2 U 7 O a. Q z Q 2 O U Q CITIZENS MOON Focus: IMPACTS OF MARIJUANA POLICY Oregon-California-Washington-Colorado Urban Cities Legalized Marijuana, Rural Counties Pay the Price Protecting our Rural Lifestyle INTRODUCTION These discretionary amendments and proposed rules were drafted on behalf of citizens of Clackamas County who are being impacted by County Marijuana Land Use regulations. The intention was to provide the development of additional discretionary standards to help develop safe drug ti policy standards that will help protect public safety, quality of life, and property values. As of July 15, 2017 there are 314 marijuana land use applications that have been applied for in Clackamas County with 98% being for marijuana production in RRFF5 (rural residential farm forest), FF10 (farm ti forest), AGF (agricultural forest), EFU (exclusive farm use), TBR (timber) Zones, and commercial and _ industrial zones. It is clear that marijuana growers are targeting specific areas of the County, - therefore impacting and taking over entire areas of rural communities. o 0 U c 98% Marijuana Production LE Scotts Mill Woodburn +® Welehesw cb Wilsonville sou Calton s o Hubbard 1u U Mt.Angel Nom 0 Rhododendron ® 2 Portland ■ o We tiny! -r MQlallaansumatans Muino monationno Damascus sistmesome Milwaukie menarnmemmig Beavercreek nommi a Eagle Creek minimmommunit z Clackamas a Canby cc Sandy Oregon City Boring co 0 5 10 15 20 25 30 35 a EMU Mill 8 fe,,cts,Mort.cor Clackamas County's land use application permit compatibility reports are required by OLCC before they will issue any Marijuana production, processing, wholesaling and retailing licenses. The standards designated by OLCC rules do not clearly identify the conflict of standards when reviewing their rules packet, nor does the average citizen understand clearly who they call to report violations on these licensed properties. This document serves to reveal some of the glaring impacts which must be considered and be more mindful to help protect Clackamas County's rural integrity. Below is a review sample of the Clackamas County Commercial marijuana licenses that have been issued. To see the entire State, please use link below. http://www.oregon.gov/olcc/marijuana/Documents/MarijuanaLicenses_approved.pdf ti CV O GON 44 ° td' OREGON LIQUOR CONTROL COMMISSION .19),71111111.11r;$' o 111o, Marijuana Business Licenses Approved as of 2/3/2017 LICENSE NUMBER LICENSEE NAME BUSINESS NAME UCENSE TYPE AC'fVE COUNTY 0 U 020 100126039A4 Red Barn Agriculture LLC Red Barn Agriculture Recreational Producer Yes Clackamas 0 ho 050 1000061F6D2 Puregon LLC Mt Hood Rec Center Recreational Retailer Yes Clackamas 050 10000680436 MARITIME DISPENSARY MARITIME CAFE Recreational Retailer Yes Clackamas AND CAFE,INC. 020 10001049908 Solar Fresh,LLC dba sofresh farms Recreational Producer Yes Clackamas sofresh farms 020 1000124228F B-cubed,LLC B-Cubed Recreational Producer Yes Clackamas U 020 1000139BC13 Evergreen Harvest LLC Evergreen Harvest Recreational Producer Yes Clackamas 02010001410702 PWCC,LLC Pacific Wonderland Craft Cannabis Recreational Producer Yes Clackamas 0 ho 020 1000180118A GANJA GIRL PRODUCTS, GANJA GIRL PRODUCTS Recreational Producer Yes Clackamas INC. 020 1000193BA66 High Noon Farm LLC High Noon Cultivation Recreational Producer Yes Clackamas 02010002976007 Frost Factory LLC Frost Factory Recreational Producer Yes Clackamas 02010003270078 Black Crow Grow Black Crow Recreational Producer Yes Clackamas Company U 06010003283A31 Bella Caramella LLC BHOmbChelly's Jelly's Recreational Wholesaler Yes Clackamas 03010003300704 Bella Caramella LLC BHOmbChelly'sJelly's Recreational Processor Yes Clackamas a 020 10003386D5B Bogart Gardens LLC Bogart Gardens Recreational Producer Yes Clackamas 02010003813204 Jennifer Speer-Harvey, Terra Mater Recreational Producer Yes Clackamas Antonio Harvey,Daniel Speer 020 10004911380D DNA SUPPLY,LLC DNA Supply Recreational Producer Yes Clackamas 2 U- O v7 I- U 0.. 2 9 ems WIN FQCVS��IIVCIvp 020 1000535FBA4 Connoisseur Collective LLC Connoisseur Collective LLC Recreational Producer Yes Clackamas 020 10005699B79 Dharma Organic Gardens Dharma Organic Gardens Recreational Producer Yes Clackamas Corporation Corporation 020 1000634CFB2 Workingman's Bud LLC Workingman's Bud Recreational Producer Yes Clackamas 050 100064760A7 Oregon Bud Company,LLC Oregon Bud Company Recreational Retailer Yes Clackamas 020 10007025389 GMG,LLC Troutman Farms Recreational Producer Yes Clackamas 020 100071239F4 Oregon Girl LLC Oregon Girl LLC Recreational Producer Yes Clackamas 02010007450046 G and M Manufacturing Nelson and Company Organics Recreational Producer Yes Clackamas LLC 020 10008849168 Fern Hollow LLC Fern Hollow LLC Recreational Producer Yes Clackamas 020 10009590003 GEFES,LLC GEFES Recreational Producer Yes Clackamas 020 1000972D0CA Smokey Mountain High Smokey Mountain High Recreational Producer Yes Clackamas 020 10010495C5F GREEN CHOICE FARMS, Green Choice Farms Recreational Producer Yes Clackamas LLC&JASON TINSLEY 020 1001172AB3B Green Mountain Canna Green Mountain Canna Recreational Producer Yes Clackamas 020 10012260450 Skyprize Farm LLC Skyprize Farm Recreational Producer Yes Clackamas 020 100140402E1 Oregon Blissful Botanicals Oregon Blissful Botanicals Recreational Producer Yes Clackamas LLC 010 10014503A36 pH Laboratories LLC pH Labs Laboratory Yes Clackamas 0 cN 060 1001514EAB6 Christopher Barry Mountain Express Recreational Wholesaler Yes Clackamas 020 10015951672 Gadsden Gardens,Inc. Gadsden Gardens,Inc. Recreational Producer Clackamas \ 020 100170901377 Wyld Farms Ilc Wyld Craft Recreational Producer Yes Clackamas r` 020 10017353A90 TMW TMW Recreational Producer Yes Clackamas — 020100178104E1 Two Phat Buds,LLC Two Phat Buds Recreational Producer Yes Clackamas 020 10018891F0A Green Mile Enterprises Green Mile Enterprises LLC Recreational Producer Yes Clackamas LLC p 020 1001920381A Sandy River Organics LLC Sandy River Organics Recreational Producer Yes Clackamas �? c 020 100194644613 Cirrus Green LLC Cirrus Green LLC Recreational Producer Yes Clackamas 030 1001947502 Green Mile Enterprises Green Mile Enterprises LLC Recreational Processor Yes Clackamas E cn LLC 020 1001966648F T&M Trading T&M Trading Recreational Producer Yes Clackamas ca CD > U0 0 J 0 a z u_ 0 rn I- U Q MUMS MOM 10 «+vw�n.,a9x,ay 010 1002O15CASE Chemhistory LLC/Alex Chemhistory Laboratory Yes Clackamas Hoggan 020 1002017A034 UBC,LLC UBC,LLC Recreational Producer Yes Clackamas 020 100207137E8 Skunk Valley Farm,LLC Skunk Valley Farm,LLC Recreational Producer Yes Clackamas 020 10020799885 Northwest Greeneries, NW Greeneries Recreational Producer Yes Clackamas Inc. 020 10021210781 Mulino Agricultural II LLC Cannananda Recreational Producer Yes Clackamas 020 1002187AD2D Belmont&Roe LLC Belmont&Roe Recreational Producer Clackamas 020 10022459A6C Orgo Farms,LIC Orgo Farms Recreational Producer Yes Clackamas 020 1002250AD7C The pone Brothers LLC The Clone Brothers Recreational Producer Yes Clackamas 020 100227687E6 Zelona LLC Zelona LLC Recreational Producer Clackamas 020 1002299A014 Red Wing Enterprise Red Wing Enterprise Farms,Inc Recreational Producer Yes Clackamas Farms,Inc 020 1002357FBBD C9F LLC Cloud 9 Farms Recreational Producer Clackamas 02010023641888 Noble Sprout Farms,Inc. Noble Sprout Farms,Inc Recreational Producer Yes Clackamas 050 1002483A9C1 The Green Planet,Inc The Green Planet Recreational Retailer Yes Clackamas 060 1002486ABCF HoodView Cannabis HoodView Cannabis Distributing Recreational Wholesaler Yes Clackamas O Distributing LLC CV • 020 10025042247 Geiger Industries LLC Panda Farms Recreational Producer Yes Clackamas N 020 10025979873 Noble Farms LLC Noble Farms Recreational Producer Yes Clackamas N- 020 10026114352 Eco Firma Fields LLC Eco Firma Fields,LLC Recreational Producer Yes Clackamas — 020 10030224780 Gnome Grown LLC Gnome Grown Recreational Producer Yes Clackamas - 030 1003109E26A Northwest Confections, Wyld Recreational Processor Yes Clackamas E (LC 0 p 02010031139AAB Agronomi LLC Agronomi Recreational Producer Yes Clackamas 0 020 1003154CD80 Wee Farms,LLC Wee Farms Recreational Producer Yes Clackamas c olio 020 1003165E8AB HQFARMS LLC HQFarms Recreational Producer Yes Clackamas c 030 1003392593C Hello Estates,Inc Fully Baked Edibles Recreational Processor Yes Clackamas 03010034059080 Happy Lane LLC Oregon Candy Farm Recreational Processor Yes Clackamas En co 030 100343979C0 Empower Essential Oils, Empower Essential Oils,LLC Recreational Processor Yes Clackamas LLC cb .— 030 10035136787 Odin Distillations LLC Odin Distillations LLC Recreational Processor Yes Clackamas E0 .o U 030 1003807E3C1 Wild Urban Edibles LLC Wild Urban Edibles LLC Recreational Processor Yes Clackamas oo0501003857896E Today's Herbal Choice,Inc.Today's Herbal Choice,Inc. Recreational Retailer Yes Clackamas 2 0 020 10038583806 Botanical Innovations Botanical Innovations Recreational Producer Yes Clackamas 020 10038742E4B Our Family Tree Farms, Three Finger Farm Recreational Producer Yes Clackamas LLC 030 10039682015 LMJ Partners,LLC Laurie&MaryJane Recreational Processor Yes Clackamas 050 10039882706 JOMOSH.LLC SHANGO PREMIUM CANNABIS Recreational Retailer Yes Clackamas U 01010043190088 Spartan Analytics LLC Spartan Analytics Laboratory Yes Clackamas = 050 10043220060 Little Amsterdam Little Amsterdam Wellness Center Recreational Retailer Yes Clackamas aWellness Center LLC C 030 10043426736 Epicurean Edibles Upward/Revolution Green Recreational Processor Yes Clackamas Z Q LLC/Revolution Green LLC < Q 050 10045349EFC SMOKE ON THE SMOKE ON THE MOUNTAIN LLC Recreational Retailer Yes Clackamas 2 MOUNTAIN LLC O 020 10046865888 Happy Lane LLC Chronic Creations Recreational Producer Yes Clackamas H 020 1001586120 Deep Creek Gardens LLC. Deep Creek Gardens LLC Recreational Producer Yes Clackamas U d 02010025873DD3 Greenway Farm LLC Greenway Farm LLC Recreational Producer Yes Clackamas 2 0 WS FOCUSMOffV0110 •••••4*.e MEDICAL MARIJUANA GROWS Currently there are over 47,430 medical marijuana grow sites in Oregon. 3,448 are located in Clackamas County and have been exempted from having to follow any of the new commercial marijuana ZD0841 land use regulations. Source: Oregon Health Authority 8/2014 CV { O 0 CLACKAMAS COUNTY ZIP CODES 0 •Actual Mot Marijuana Growers/Total cardholders O bA 51 3448 OF MEDICAL WwAe..9rori•91/110 OREGON CITY 51d 1 GROWERS GROWINGd GROWS ARE IN FOR 71 ro,tee:,47o62•99tttr CARDHOLDERS CLACKAMAS COUNTY CSMA-97017-•S7H26N 76 a.�on 9ro6s•ssuru 76 :3: tr.O ..9sows•taora7 1110.1.0 O loth.*...G•a..'0.44•e76 a.=.. We.i,..97464.15,+24r 111111.160 UA laawwu.9T223-•722I390 �� .P U^,.4+.� tons O Mi.r+ 0 Vada •-47021-'SO6/t64 i" d., .rn r°r.gmrxiw.dx+ <YdrgSG'f $cp.V.kr9 •St6f189 � 61enp#t ttu tu+er:sor Gn7<a (••4•4r02}.•t7!/2Ss— <° 9ras rw6prvaa.s pnw4,6i.r rig t2<Yd7vww7Srcro t I free.-9ro22i'62f122 1116. .Natt.wsaa5 on r,'waMss,Y,. i0 Zip codas 97ou,d 97026 oa*.o�.9m6a•ta2f2% i! ›- 6...447C0.),121,176 6..447W9't2$tt76 O $arba-9ross•2s9t964 Willennad 6.4*w4.d non,rspIII W.kMr97o57.*624,1 1116 M-9ra9-•,30160 ` —� GQ.e+nm.C.om.A 02X•$0 i Q o roc M# 7Jo 6G4 OCC KQ nq 600 LL -- — O F- d emus CLACKAMAS COUNTY MARIJUANA LEGALIZATION On July 21, 2015 Clackamas County Commissioners indicated that the voters have voted and said yes to marijuana legalization so they are going to take the Land Use Option rather than a referral to the voters option to allow them to decide whether they want large commercial marijuana grows, processing sites, and wholesaling sites next to their rural residential forest farming and exclusive use farm properties. PERSPECTIVE: Though some of our County Commissioners noted that the voters have voted, it is important to note that there are 229,859 registered voters in Clackamas County. During the 2014 marijuana legalization election, 161,652 voted, that means that only 70.3% voted. 0 83,159 Urban voters said YES or 52.1% by 6,660 votes, 76,399 rural voters said NO or N47.9%. It is the rural residential and exclusive farm use areas who voted no that are being i . most impacted. Though some County Commissioners note to rural citizens who object to - this outlandish dispersion of marijuana production throughout our rural communities, using • such examples as the "voters have voted", noting that we don't get to revote on a school O levy if it passes, negate to acknowledge that a school levy is not federally illegal and that a 0 school levy did not give the local jurisdiction the right by law in HB3400 to send a referral to o the voters. By using a school levy example only illustrates the commissioner's inability to 0 acknowledge that they took an oath to abide by both State and Federal laws and as well E m have a responsibility as a jurisdictional representative to protect all citizens within their county. cib0 Clackamas County Precinct Votes for Measure 91 in November of 2014 U O tan N gm NI YU all amrs en[3 n Sts i.erw.. 364 Eagle Creek 4i..-J= 52.65% riUrrir Wilf.66110 Orr 8338% M 370 Id 40C%w55.N4 4183% 5011% fru 60055 Cary 8188% IA 373 Selly*dal 50.83% 49.19%ECU ROOFS W., 17.44% 160 372 Dover 47.10% 52.90% 04484v005405 O% 514 409408.402 0456,440.4 54.48% 43.51%EN.,roe 55505 2430005890 6654 160 403 Owing 564% 43.05%Mr PROFS west um 5435% ua 40414%otGIM 3404% 41.96%Ou RRFF5 PANnrukre .54±54 3773 403 fw%ig/R.Y. X98% 43.62%090 RRFF5 31.40me 34.59% iso U 4088w% Wr 3410% 45.90%4 0024 RRFF5 Raw,6445509 0 50.80% 131 _ 411 Sandy Muni 13.08% 4691% 0 RRFF5 Estrada 54.166 303 J 418 Town Center(MGSEot1 42.51% 57.49% 54643,0. , O 420 Milwau0e 094500rp 34.48% 65.52% 0400x.06 SRO% 342 a. 500 Oak Grove 45.94% 54.04% some 5948% 123 Q 501 Oat Grove 37.23% 62.77% sansoor.lwros 4933% Ratti 159 Z 502 Oak Grove 39.281E 60.73% 6750070/506 626. 20 Q 503()Wield 4952% 51.48% OMR COUN7183114AT SURROUND CEAC84ANS D 5041ermir s 47.04% 55.96% Washington 4490% 5520% 1 505 Jennings 44.76% 55.24% Marion 31.70% 48.30.4 506 Johnson City 461./% 53.43% yamhill 90.40% 48.60% Q 510 Oregon Cit,Unirreorp 47.05% 51.95% E0039t400 966 5110% 49.60% 2 53399111.4 34.31% 45.49%FN MMR RRFFS Multnomah 0060% 71.20% 512 Oregon City Waldo 45.39% 54.61% MooOnve, 42.70% 57.30% 513 PabO. 1%ee /Hf 5000% RRFF5 Wesco 51.20% 4980% 0 514 R4dMd 90.79% 49.21%100194000 RRFF5 Jefferson 1440% 43.60% CJ) 515 Carver 47.58% 52.42% MOW OPT S3% H 516.Who 5118% 4792%EN94R RRFF5 3.04,0OacJam40 4.101 Q 517 84ararw1N •1411% M% 50.52% ETUA W55sw anon . 518 0441wwa4% 1185% 47.45%Eau RRFF5 ham,. 5199binni0 5931% 43.49%flu 95005 520 Henrkl 42.:36% 5764% f 30.15-719OrliV17732 It is also important to note that through House Bill 3400 the Oregon legislature redefined marijuana as an agricultural farm crop in section 34 (page 22), which means that it can be grown in all exclusive farm use zones without any neighbor notification or conditional use permits just like a tomato. Unlike Colorado which requires commercial marijuana grows to be located in industrial and commercial zones, Oregon legislators have taken it upon themselves to place these large industrialized commercial grows inside the structure of our rural residential farming communities, bringing many dangers to public safety, quality of life and protection of property values, as marijuana is still a federally illegal drug. 36 SECTION 34.(1)Notwithstanding any other provision of law,marijuana is a (a)A cron for the purposes of"farm use as defined in ORS 213.203; as (b)p rrny for nu.'noses of a'frm a "'and "farming practice."both as defined in ORS . ,.. 30.930: . .,. 40 (c)A product of farm use as described in ORS 308A.062;and 41 )d)The product of an agricultural activity for purposes of ORS 368.909. 42 (2)Notwithstanding ORS chapters 195,198.197 and 213,the following are not permitted 43 uses on land designated for exclusive farm use: 44 (a)A new dwelling used in conjunction with a marijuana crop: c-I 4s (b)A farm stand,as described in ORS 215.213(11(r)or 213.283 11)10),used in conjunction 0 Source: HB3400 2015 ti HB3400 specified the right for marijuana to be grown under Oregon's Right to Farm Act in 0 exclusive farm use areas, but it did not specify that marijuana be allowed in other o agricultural zones in the County yet Clackamas County Commissioners, Planning Commission and Planning Department choose to open the door for commercial marijuana to 0 15,0 be grown in all zones that currently allow other farm products to be grown, opening up the door for every rural residential forest farming area to be impacted by commercial marijuana co grows. c 1 with a marijuana crop; and 2 (c)A commercial activity, as described in ORS 215.213 (2)(c) or 215.283 (2)(a),carried on U c 3 in conjunction with a marijuana crop. 4 (3)A county may allow the production of marijuana as a farm use on land zoned for farm 5 or forest use in the same manner as the production of marijuana is allowed in exclusive farm 6 use zones under this section and ORS 215.213 and 215.283. 7 (4)(a) Prior to the issuance of a license under section 19, 20,21 or 22, chapter 1, Oregon 8 Laws 2015, the Oregon Liquor Control Commission shall request a land use compatibility 9 statement from the city or county that authorizes the land use. The land use compatibility U 10 statement must demonstrate that the requested license is for a land use that is allowable JO 11 as a permitted or conditional use within the given zoning designation where the land is lo- d 12 cated.The commission may not issue a license if the land use compatibility statement shows 13 that the proposed land use is prohibited in the applicable zone. 14 (b)A city or county that receives a request for a land use compatibility statement under 15 this subsection must act on that request within 21 days of: tl 16 (A) Receipt of the request,if the land use is allowable as an outright permitted use;or O 17 (B) Final local permit approval,if the land use is allowable as a conditional use. 18 (c) A city or county action concerning a land use compatibility statement under this 0_ 19 subsection is not a land use decision for purposes of ORS chapter 195, 196, 197 or 215. 2 CREW NW 14 �.^i�4nreyt�arn CLACKAMAS COUNTY MARIJUANA LAND USE REGULATION ZONE CHART The rrguLTFROlta 1M0W re,treatktisai and fle0.*a4 Ito ijuany riiItir-s Prndurfionf euw.a«nse.wn>nk-,a1>g..nd(eta ble it toff`+shown below. tt}MN(MSpa(t AlAIO.RMAIA Rtrra 55 nvwNlleol row Ptatescetc Whoaesayatg nrea7ina L e.eartta'.t tlei.tapt ImIltmeralnnr-:;.; . cern" . t++ntar,rr.<s Fr,en«r '" COMEZNINE vx0.+ied*6. - Vermes itis",eet4c1 I Wier Mire NO) '41tsAt7W rtdtauestrete APORRSel0 'Ffkr]RFt! 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IDr Reerealx.;at Rpv4.-...acre tcc Sac 7 ac Ff all sae Faren.farest jq:Pii Rural Residential F F nig ::`t ••'t . dat @ Rue*Fenn ResdenT.,k SFR tone R> Rt..,:': E 7-7 tteMn law Density Resident.]tiR-i c.R-_0.R.30r Urbttr Lew°testy Resdeeaa]r0..5.R.lot ri 1 Oman So.Densay ReddentaltR-2..5.RS,0.7t 0 CO =---�---y sleeve. _ ' I YCar Str tS-!,I Res Cal-5/71 O Medium Density ReadaMul(MR.r) -- T,Menum 114 densityRets.sal(MR-$, UA 1 ra....to�. i Po tam Recreation*]ResortlMRR: a) ZONING 1 T' -,—Planned Mennen Density Retidentrd(PIM; s_ %.1:-.M!'":''` O T .dtoe Townhouse{VTRI - a ';F: Mob Densly Reb.0. t(HOPI ®1 Specwl wry,()newt,Res,dental(SNOi 1 _ ,+ -- ' _Rayrona.Center Speuar Nigh Density Res IRCND= $ sf a Rw lane ApaRrtent],A, 1 4 t` Nesebo,Ic.COmmercra% Retail i 41 ty't4JF" c i CPmnNrMy Commarcw]�. 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U_ a1 91 d _ a' ?"I Runt nd -, Production-Process-Wholesale nt"SiM d Use Cas 'm t vMu vMn3 S vMv-5i Rema H A G r.. i, 'I t MI . C. Went Cd r+sa.,ty Service NCS) Q I--. .: "' ( ..; ,J.,,,4„.,,,.....,,,-,,,,,,,,,,,--:.-3,., 1'r§.0 A-.:- 'Open spam Msnayement(OSM,OCOSMi CL 11/ Orr=0111 le'at....to.R..,..._ SMroYlea- e. -..t as yFacus•Maequono As an example, over 234 commercial marijuana land use applications have been applied for in Clackamas County, many of these have not yet been licensed by OLCC, yet they are setting up their operations and growing marijuana prior to even receiving their licenses. Of those who have been licensed, we are seeing prison looking type of compound looking facilities in the middle of our rural residential farming communities. This document will review 5 case studies in which you will see the public safety, quality of life, and property values concerns that are taking place in Oregon's rural communities. NOTE: For the health and safety of all citizens in Clackamas County Citizens asked for an immediate moratorium to be placed on all existing and new marijuana land use applications until these discretionary standards and rules have been clearly defined and new standards put into place. Please note this document highlights that marijuana is still a federally illegal drug and therefore creates a liability for the County because these businesses can be enforced by o federal laws. Marijuana grows; processing, wholesaling and retail sites all operate by cash 61 therefore posing many public safety, quality of life, and property values risks. Our request for a moratorium was denied by the County Commissioners. 0 Li 02101, 16 Z0065-16 Planning-PD I-IO- Marmara 22575 SE BORNSTEDT RD Approve,' P Ministerial SANDY OR 97055 o 0 https://accela.clackamas.us/citizenaccess/ uo .E- t O 0m c tto i 0 This large 40,000 sq. ft. outdoor marijuana grow significantly impacts the surrounding neighbors with increased traffic, the strong skunk smell of marijuana which travels for miles, the trucking in of water, and the industrial use of power in an non industrial zone. In Deschutes County as an example outdoor grows are not allowed in any zone. Q 2 U- 0 F- U 2 CHUBS IMMO DOCUMENT REFERENCES Public Safety Areas: • Traffic Safety According to the 2016 HIDTA report, data provided by the Oregon State Police Drug Evaluation Classification Program (DEC) revealed that in the last seven years (2008-2014), the single drug category most often detected through toxicology results was marijuana (Figure 22, page 29;. The frequency of all drugs detected fell 20 percent from 2013 to 2014, largely due to staffing issues -reduction in officers available to evaluate cases of drugged driving has resulted in fewer opportunities to identify incidents of drugged driving. ohttp://media.oregonlive.com/pacific-northwest- news/other/2016%200regon%20HIDTA%20Threat%20Assessment%20and%20Counterdru g%20Strategy_Fi n a 1.pdf N- ___ -a Figure 22.Drug-Impaired Driving,Oregon,2008-2014 no Z / U —Cannabis tl0 _i d00 Stimulants E o ,-...Depressants V1 300 —Narcotic Analpasics t6 _ —Omer c O 100 .1 0 --------___:---------- - -------._:.____._ U 2008 2009 2010 2011 2012 2013 2014 Sante DRE Year-Eyed Stamm.),Reports 1'008-A td,ckIXr()tug Evaamtexr i1tFn.5altcafcn Program Oregon Slate PdKe L Stimulants include mugs such as methamphetamine.cocaine,and Addeo*Depressants include drugs such as Valium. 2-) Prozac,and Xanax.Narcotic Analgesics inc$uds drugs such as heroin,oxycoddne,tad VicodIn;Other Includes haaurncgens. PCP and irhatants.Drug categories ate not mu tuaav•ercarsrve.Graph excludes aicoh04081ed cases and Misers matted 0 solely tram heatdt4elatedproblems Cmedicatrule outs'- The six most high profile driving while high on marijuana cases in Oregon in the last 3 years. o Police: Driver who admitted smoking'bowl of marijuana' charged with vehicular homicide 0 1-9-14 z http://www.kptv.com/story/24409212/police-driver-who-admitted-smoking bowl-of- marijuana-charged-with-vehicular-homicide cc 2 Police: Man high on pot killed Beaverton woman in crash o http://www.democratandchronicle.com/story/news/local/washington- IT county/2015/07/04/beaverton-woman-killed-crash-i5/29714905/ Q 41111 fr. CMOSWO fx i' rt1,u Woman hit by driver smoking marijuana dies 10/6/15 http://www.kptv.com/story/30198900/woman-hit-by-driver-smoking-marijuana-dies Police: Man who smoked pot before crash charged with manslaughter, DUI! http://katu.com/news/local/police-man-who-smoked-pot before-crash-Charged-with- m a nsl a ughte r-d u i i-11-19-2015 Driver was high on marijuana when he killed NE Portland cyclist, police say http://www.oregonlive.com/portland/index.ssf/2015/12/driver was_high_on_marijuana_w .html John Kitzhaber's son injured in car crash 18-year-old Logan Kitzhaber was flown to OHSU but has been released http://koin.com/2016/07/05/john-kitzhabers-son-injured-in-car-crash/ ti • Public Safety& Crime Information o N Suspected gunman in Portland double homicide was hounding victims for medical marijuana, lawyer says o http://www.oregonlive.com/portland/index.ssf/2015/04/suspectedunman_in_portland_ d.html 0 U Madras dispensary burglarized o htto://www.oregonlive.com/portland/index.ssf/2015/12/driver was high on marijuana w ._° .html Thieves smash walls with sledgehammers steal pot plants form licensed grow facility Ei 0 http://katu.com/news/local/thieves-smash-walls-with-sledgehammers-steal-pot-plants-from-licensed-grow- 7 facility 0 Pot grower details horrific attack on state-licensed farm http://nypost.com/2017/07/18/pot-grower-details-horrific-attack-on-state-licensed-farm/ Pot grower details horrific attack on state-licensed farm 6- . J O 0_ ms's', Q z tilen u_ 0 w U Q d 2 WEN MINS 18 The burglars made off$1 million of marijuana product from Oregon Genetics $1M heist: "They were carrying weed out with a copy here" The burglars made off$1 million of marijuana product from Oregon Genetics http://koi n.com/2017,/11/03/oregon-genetics-marijuana-warehouse-burglarized/ • Diversion Issues 75% of Oregon's Medical marijuana going to the out-of-state black market. http://oregoncatalyst.com/30348-75-oregon-med ica l-marij uana-black-ma rket.html http://www.oregon.gov/olcc/marijuana/Documents/mj_app_stats_by_county.pdf Oregon man arrested in Nebraska with $1.1 million in cannabis extract N http://www.oregonlive.com/washingtoncounty/index.ssf/2017/11/oregon_man_arrested_nebraska — _cannabis_extract_marijuana.html 0 http://www.1011now.com/content/news/LSO-seizes-THC-shatter-pot-and-hash-oil-during-traffic- stop-456379803.html 0 ho f, Oregon pot processor arrested in Lincoln after$1.1M in cannabis extract found Nov 9, 2017 http://journalstar.com/news/local/911/oregon-pot-processor-arrested-in-lincoln-after-m-in- cannabis/article_26e24d67-7ed1-52e2-b27c-a4b7a60f3db9.html 7-3 U o Brooking pot store attracts authorities' attention t o0 2 o http://www.currypilot.com/news/5285364-151/brooking-pot-store-attracts-authorities- attention Oregon Man accused of shipping marijuana in fake boulders http://www.oregonlive.com/marijuana/index.ssf/2017/11/oregon_man_accused_of_shippi Q ng.html • Organized Crime - Involvement in marijuana trafficking where legalized Q 2 o Portland pot dispensary targeted in Oregon marijuana industry's first fraud investigation a http://www.oregonlive.com/marijuana/index.ssf/2016/07/pot_dispenary_is_target in_ore. 2 html 19 EMS MS Fxus'�xi e ura Nearly 12,000 marijuana plants found at suspected cartel grow site in S. Oregon http://www.kptv.com/story/32720273/nearly-12000-marij uana-plants-found-at-suspected- cartel-grow-site-in-s-oregon?autostart=true Legal pot businesses struggle to compete with black market http://www.kgw.com/news/investigations/legal-pot-businesses-struggle-to-compete-with- black-market/413653533 • Environmental Impacts associated to marijuana cultivation and trafficking Oregon Governor Kate Brown Nov/21/16 http://www.oregon.gov/olcc/marijuana/Documents/Interagency_Cannabis_Pesticides_Lett ti er.pdf o A tainted high March 6, 2015 http://www.oregonlive.com/marijuana-legalization/pesticides/ 0 Oregon to pot growers: Don't use illegal pesticides o http://koi n.com/2015/08/05/ore-to-pot-growers-dont-use-i I legal-pesticides/ 0 State seeks cannabis grower input 2/11/17 to http://www.bendbulletin.com/business/5020737-151/state-seeks-cannabis-grower- input?referrer=bullet4 California Lawmakers Worry about Pollution Caused By Illegal Marijuana Grows 0 http://www.huffingtonpost.com/news/marijuana-environmental-impact/ 0 too • POWER OUTAGES o Pacific Power: Legal indoor pot growing operations causing power outages http://www.kptv.com/story/30437629/pacific-power-legal-indoor-pot-growing- operations-causing-power-outages#ixzz3gZogvyJv O • Non-commercial concentrate issues Q • THC Extraction Labs o Labs rate o Injuries/ explosions 2 0 MINS MI 20 ACU=MucwJ HASH OIL EXPLOSIONS ON THE RISE IN OREGON http://www.kgw.com/news/investigations/hash-oil-explosions-onthe-rise-in- oregon/67200875 Blast rocks legal marijuana business in Astoria,sends 2 to burn unit http://www.oregonlive.com/marij uana/index.ssf/2016/10/blast_rocks_legal_marijuana_b u.html Burn Victim in Astoria explosion sues butane hash oil Makers for$9 million dollars http://www.oregonlive.com/marij ua na/i ndex.ssf/2017/01/burn_victi m_in_astoria_explosi. html Resident of burned Alfalfa home arrested on drug charges for butane honey oil operation http://www.ktvz.com/news/bend/resident-of-burned-alfalfa-home-arrested-o n-d rug- charges/69105227 N N Hash Oil lab explodes in Redmond N- http://www.bendbulletin.com/localstate/4900148-151/hash-oil-lab-explodes-in-redmond- 0 garage?referrer=fpblob E2 o Police: Firefighters find 'hash oil' operation in Oregon City HTTP://KATU.COM/NEWS/LOCAL/POLICE-FIREFIGHTERS-FIND-ILLEGAL-MARIJUANA-BHO- o OPERATION-IN-OREGON-CITY • Firefighters: Homeowner attempting to make hash oil caused Portland explosion http://katu.com/news/local/medical-examiners-office-identifies-two-men-killed-in-north- o portland-explosion y U.S.officials investigating Oregon marijuana operation https://www.seattletimes.com/seattle-news/marijuana/u-s-officials-investigating-oregon- O marijuana-operation/ Public Health Issues: • Use rates in 0 o Youth a o Adults Q Weed Documentary(2016)- High School: Marijuana in an American Public High School u_ https://www.youtube.com/watch?v=BApEKGUpcXs 0 1- Marijuana Report-Marijuana use, attitudes and health effects in Oregon Jan. 2016 a https://public.health.oregon.gov/PreventionWellness/marijuana/Documents/oha-8509- marijuana-report.pdf WIZENS W F,}(,LS A-r*A k; ..set.+vec.s'-vp Committee releases second report on marijuana health effects http://www.fortmorgantimes.com/specialsections/healthy-1 iving/ci_30783027/committee- releases-second-report-marij ua na-health-effects • Treatment information • Admission data to ER / ED • Accidental exposures to minors • Second hand smoke exposures Education: ti • Impacts locally in schools and students o Marijuana legalization and its impact on schools ti Superintendents want legal clarity, and more health research _ https://www.districtadministration.com/article/marijuana legalization-and-its impact- -0 schools YOUTH ACCESS Weed Documentary(2016)- High School: Marijuana in an American Public High School https://www.youtube.com/watch?v=BApEKGUpcXs rb Financial Info: To 0 • Taxation issues o 0 On October 1, 2015 a 25% tax was implemented through the legislature with SB460 in Oregon. This allowed existing medical marijuana dispensaries to sell recreational marijuana until December of 2016. In January of 2017 recreational marijuana retail dispensaries would begin selling commercial marijuana at 17% and local jurisdictions who had put before 6_ the voters if passed could collect an additional 3% tax on the November 2015 ballot. Most o all cities and counties in Oregon who have not opted out of having medical and recreational a marijuana have voted the additional 3% tax. To date there have been no counties and Q cities who have seen any of these taxing monies. 2-7-17 cc http://www.usatoday.com/story/news/nation/2015/07/01/oregon-legislation-legal- marijuana/29549649/ Issues with Taxing Marijuana at the State Level May 2015 °¢ http://www.itep.org/pdf/marijuanaissuesreport.pdf — MIMS OWN 411 FOC In a report given by Steve Marks head of the OLr the medical and CC at their first Feb. 9, 2017 legislative committeein meeting he noted the current sales °f Lr recreational marijuana program Oregon. ?6.119.°°° .1 9. . _.%`..".....a....,.. a rasa ' .* 'MINN x ' t:-.Ss .,,.pu.,..... . 1194. 922ent_id=3iat*d tax layer.php?evti Estmm/MediaPcI collected (17%): $6.9millonohttpN ://oregon.granicus.co h. 0 -o 0 • Banking issues U o MBank exploring medical marijuana banking Jul 29, 2014 �° http://www.bizjournals.com/portland/blog/2O14/O7/mbank exploring medical-marijuana- banking.html E MBank to Close All Cannabis Accounts April 10, 2015 http://mjbizdaily.com,/breaking-mbank-to close all cannabis-accounts/ (13 U The best kept banking secret in the marijuana industry 12/13/15 ooz http://www.statesmanjournal.com/story/money/business/2O15/12/24/best-kept-banking- To secret-marijuana-industry/76727296/ In a legislative meeting with the Measure 91 joint committee on 2/9/17 Senator Ted Ferrioli } announced that: U J a The Confederal tribes from Warm Springs located in Jefferson County Oregon who decided to a grow commercial marijuana and have a number of medical marijuana dispensaries in Portland received a letter that their US Bank was ending their relationship with them because of federal banking issues. So now what they have done is moved their money into o a credit union. Qhttp://oregon.granicus.com/MediaPlayer.php?event_id=3922 F3)5+1St.,.+.7, ...aas.ives=wvp • • Real Estate/ Property issues Pot states take fresh look at out-of-state investment http://wchstv.com/news/nation-world/pot-states-take-fresh-look-at-out-of-state-i nvestment- 01-21-2016 • Impacts to property values and neighboring property values Will Marijuana Grow Sites affect neighboring property values http://golocalpdx.com/news/will-mariivana-grow-sites-affect-neighboring-property-values http://www.golocalpdx.com/news Unwanted Pot Grows We Can Smell the Difference http://portlandtribune.com/cr/28-opinion/264469-136392-unwanted-marijuana-grows-we- can-smell-the-difference 0 • Out-of-state marijuana business investment N ti The Oregon legislature in 2015 had an existing clause that required that all commercial 0 marijuana licensees must live in State. During this session against many objections 0 legislators removed allresidency requirements through HB4094, so now what rural farming g residents are seeing is a flood of out-of-state investors buying up our lands. o Out-of-State Investors Flock For Oregon For Marijuana Opportunity http://www.cannabisradio.com/news/out-of-state-investors-for-oregon-pot-industry/ Oregonian to OLCC: Allow Out-of-State Marijuana Business Investment 0 http://marijuanapolitics.com/oregonian-to-olcc-allow-out-of-state-marijuana-business- 0 investment/ o 2 • Impact to tourism Oregon Marijuana Information http://kushtourism.com/oregon-marijuana-information/ Indoor & Outdoor Legal Grow Tours Q http://www.oregon-weed-tours.com/ cc Oregon pot growers eye potential for marijuana tourism http://www.thecannabist.co/2016/09/26/marijuana-tourism-southwest-oregon/63937/ o cn 2 MUM NI Me24 `fccu�nrc�jixim What will marijuana tourism look like in Central Oregon http://www.bendbulletin.com/localstate/3156013-151/what-will-marijuana-tourism-look- like-in-central Eagle Point Company wants to build pot-friendly RV park near Lake Selmac in Oregon http://www.mai ltribu ne.com/news/20170121/eagle-point-com pany-wants-to-build-pot friendly-rv-park-near-lake-sel mac Commercial/ Business Information: • Workplace issues Recreational pot and the workplace: Q&A on Oregon's new marijuana law http://www.oregonlive.com/marijuana/index.ssf/2015/06/recreational_pot_and_the_work p.html o Effects on employee productivity and attendance N • Drug testing issues ti o pre-employment 0 7 Oregon: As an anecdotal notation: In talking with one of the largest commercial roofing o companies in the Northwest, the owner notes that of the 25 roofers who applied for work in December of 2015, only 2 qualified due to the use of marijuana, many exclaiming that it o was legal in Oregon, so what is the problem. o post-accident • Overall business perspective of medical/recreational marijuana • Business relocation as a result of marijuana related issues t o Moving in or out of state C 0 uo 2 O > U J 0 a z 2 a 0 U a 2 Fxvf Azi,turs CASE STUDY SNY°PSIS Case Study Synopsis #1 Topic: Public Safety and Quality of Life Point: Case Study #1 illustrates the impacts of marijuana to public safety, quality of life and property values of Clackamas County's rural residential farming community. There are currently over 235 commercial marijuana land use applications that have been applied for, 98% of those applications are for marijuana production. Large out-of-state investors are flooding into Oregon and buying up property in almost every zone that is being allowed by Clackamas County's marijuana land use regulations. o N ti In this case study 5 Asian LLC's applied for marijuana land use applications for greenhouse o indoor production and processing in this small 4 acre EFU exclusive farm use area. From the moment they received their land use application which is required in order for them to apply for an Oregon Liquor License Commission Commercial Marijuana License, they began o illegal activity with an outdoor grow, illegal excavation, illegal water use, and illegal power g use without local permits. Cite: Clackamas County Planning and Zoning https://accela.clackamas.us/citizenaccess/ .E- Supporting Information: 0 The impacts to surrounding rural farming residents have been overwhelming. Much of a Clackamas County rural farming communities are filled with long time farmers who are now o in their 70's and 80's and who choose these farming communities to retire because they enjoyed the escape away from city live. Now commercial marijuana is taking over their once quiet farming communities. U J • Traffic has increased 100% a • Non reported robberies have increased 100%. There had never been a robbery in this area prior to this marijuana production site. • Livestock being killed by unleased marijuana guard dogs. 2 • Marijuana waste water is being dumped into ground concerning local neighbors o whose well water is just steps away. • Suspicious Non background checked employees are working at this property, making a 2 elderly farmers concerned about their safety. MUMS MONO 26 Case Study Synopsis #2 Topic: Public Safety, Quality of Life, Property Values Point: Clackamas County is issuing commercial marijuana land use applications to over 235 applicants. As we observe the process, we are finding that the County through State law in which Oregon legislators redefined marijuana as an agricultural crop is allowing an industrial type of commercial marijuana production and processing in the middle of our rural residential farming communities. We also note that horse stables which are considered agricultural buildings are being purchased and remodeled into commercial and industrial marijuana facilities, yet they are not being held accountable for the same standards that other commercial and industrial businesses are required to do. oCite: Impacts of Marijuana Policy Oregon Clackamas County Case Study#2 N N Supporting Information: ti — Commercial marijuana production and processing though regulated and permitted is pretty 7 much going unregulated due to the lack of sufficient code enforcement and Oregon Liquor oLicense Commission enforcement. • OLCC has received over 2076 commercial marijuana applications and issued only 156 of those applications. Legislators are pressing them to hurry up the licensing process, yet OLCC indicates that they believe that it is important to enforcement those they have licensed and with the limited staff and resources they currently have, they are prioritizing taking care of those they have licensed first. 0 • Legislators thumbed their nose at them in a way with this response touting that they o should ask for money if they can't hurry the licensing process along. • As you will note in Cast Study #3 along with not being held to the same commercial and industrial road standards, the County assessor's office is also not on target with reassessing these properties with the agriculture upgrades they are making, } amounting to thousands of dollars. U J Case Study Synopsis #3 p Topic: Property Values and Environmental Impacts oPoint: Large commercial recreational marijuana production sites located on both small and cn large lots in various zones are found to be very disrespectful to surround neighbors and are as environmentally raping the land of all timber. . 2 0 OMENS/IMO Fucvs MatI vurj ....�araey�c.Wny Cite: Impacts of Marijuana Policy Oregon Clackamas County Case Study #3 Supporting Information: Within months of a marijuana production and processing property site being purchased surrounding neighbors and the properties are immediately impacted. • Because marijuana was redefined as an agriculture crop Clackamas County feels that they do not have a responsibility to notify surrounding neighbors that a large commercial marijuana grow is moving in next door. • I have worked with over 100 citizens throughout Oregon who contact me regarding their concerns, especially when they are told by their local jurisdictions that there is nothing they can do, it is state law. • Within months pot producers are removing all of the valuable trees on the property, digging illegal water ponds seeking access to water, and they set up their greenhouses 10' off of neighboring property lines because those are the agricultural ti laws in the exclusive farm use areas of the county. Other setback land use o regulations have been put into place on such zones as RRFF5 Rural Residential Forest Farm, and FF10 and Forest Farming such as 50' setbacks and indoor grows ti only are allowed — 0 EE Case Study Synopsis #4 U Topic: Property Values and Environmental Impacts LE Point: Large exclusive farming areas are turning their pasture lands into female hemp fields and building industrial type of buildings that you would see in an industrial zone and then leasing out this property and building to hemp and marijuana growers. The OLCC will o provide more than one license at one site address, therefore allowing the property owner to 3 lease his entire property for hemp and marijuana production. 0 Cite: Impacts of Marijuana Policy Oregon Clackamas County Supporting Information: It is appalling when your home has sat next to a beautiful pasture in your rural community on one day, and then the next month you notice 36 industrial types } of buildings being built. The impacts reverberate throughout the community, impacting: • Neighboring family manufactured low income housing units in a rural residential area E • Increased traffic from this industrial type of business has increased 100% 2 • The skunk smell of pot which floats for miles has increased 100% • The impact to your property values should you want to sell your land have impacted Q property sales. Though they are on a case by case basis depending on the location, §" some homes are sitting empty because property owners have abandoned them because they cannot sell them. Others have been on the market for over a year. Then there are cases in which pot lovers are coming in and buying up home with cash just to take over the area for their pot production. Case Study Synopsis #5 Topic: Environmental and Property Values Impacts Point: Large rural riding arenas and rural farms are being targeted to becoming large marijuana production and processing growing operations. Cite: Impacts of Marijuana Policy Clackamas County ti o Supporting Information: Rural farming residents are shocked when they see a compound looking structure being built that looks like a cyclone fencing compound topped with cyclone fencing topped with barbed wire that looks like a prison. Some as large as 300' x 700' — compounds are being built to house more than 18 greenhouses for indoor marijuana grows 0 7 and massive areas of land being used for outdoor grows. The impacts are significant o because: U • They look like prison compounds N • They send off the skunk smell of pot for miles during the harvest season making it impossible for neighboring properties owners to even sit outside on their own decks because of the smell • 100% in increase traffic • 100% increased traffic of water trucks coming and going because they are using water trucks to access water to water their marijuana grows Case Study Synopsis #6 Topic: Property Values and Environmental Impacts Point: Large exclusive farming areas are turning their pasture lands into female hemp fields Qand building industrial type of buildings that you would see in an industrial zone and then leasing out this property and building to hemp and marijuana growers. The OLCC will Q provide more than one license at one site address, therefore allowing the property owner to o lease his entire property for hemp and marijuana production. aCite: Impacts of Marijuana Policy Oregon Clackamas County 2 9 MSS OM Fo M U'-t1rr3 �Yekab�cw-v'0 Supporting Information: It is appalling when your home has sat next to a beautiful pasture in your rural community on one day, and then the next month you notice 36 industrial types of buildings being built. The impacts reverberate throughout the community, impacting: • Neighboring family manufactured low income housing units in a rural residential area • Increased traffic from this industrial type of business has increased 100% • The skunk smell of pot which floats for miles has increased 100% • The impact to your property values should you want to sell your land have impacted property sales. Though they are on a case by case basis depending on the location, some homes are sitting empty because property owners have abandoned them because they cannot sell them. Others have been on the market for over a year. Then there are cases in which pot lovers are coming in and buying up home with ti cash just to take over the area for their pot production. o CVCase Study Synopsis #7 0 Topic: Public Safety and Property Values o Point: Large industrial and commercial type concentrate and extraction butane labs are cropping up in the industrial and rural parts of Clackamas County. 1E Cite: Impacts of Marijuana Policy Oregon Clackamas County Supporting Information: Oregon has experienced a continued rise and increase among in home butane hash lab explosions done by those on Oregon's current medical marijuana program. These have been extremely dangerous do to public safety and property damage of 0 not only the offending property but neighboring properties. to 0 The impacts have included: • Property destroyed and burned to the ground • Neighboring properties destroyed • Severe body burns for those involved a • Large law suits due to negligence and lack regulations and enforcement • Illegal activity conducted at these sites cc • Illegal drug trafficking • Increased traffic o I- HASH OIL EXPLOSIONS ON THE RISE IN OREGON http://www.kgw.com/news/investigations/hash-oil- explosions-on-the-rise-in-oregon/67200875 CITRUS M 30 w,s4t4.nxnh49 Blast rocks legal marijuana business in Astoria,sends 2 to burn unit http://www.oregonlive.com/marijuana/index.ssf/2016/10/blast_rocks_legal_marijuana_bu.html Burn Victim in Astoria explosion sues butane hash oil Makers for$9 million dollars http://www.oregonlive.com/marijuana/i ndex.ssf/2017/01/burn_victi m_in_astoria_explosi.html Resident of burned Alfalfa home arrested on drug charges for butane honey oil operation http://www.ktvz.com/news/bend/res i de nt-of-burned-alfalfa-home-a rrested-o n-drug-charges/69105227 Hash Oil lab explodes in Redmond http://www.bendbulleti n.com/localstate/4900148-151/hash-oi l-lab-explodes-i n-redmond- garage?referrer=fpblob Police: Firefighters find 'hash oil' operation in Oregon City HTTP://KATU.COM/NEWS/LOCAL/POLICE-FIR EFIGHTERS-FI N D-ILLEGAL-MARIJ UANA-BHO-OPERATION-I N- OREGON-CITY CASE STUDY #1 N c\-I N N- COUNTY ZDO #: Z0103-16 13471 TL802 and 13487 (TL 500) S Leland Rd, Oregon _g City Exclusive Farm Use 4ac SAMPLE LAND USE APPLICATION REFERENCED BELOW - o On 3/8/16 the County issued this land use application as approved and they are 0 0 constructing this site now, however there have been no permits issued at either address for o Ag buildings and greenhouse permits on the county web site, yet these buildings are being LE constructed. cb OWNER OF PROPERTY: Lulu Zhang 15130 SE Frye St., Happy Valley, Oregon 97086 0 PPROPOSED: ht.tps://accela.clackamas.us/citizenaccess/ • 4 acre EFU • Industrial/Commercial operation in rural residential farming community • Proposing: } o Indoor marijuana growing and primary processing operation 0 o 5 Asian LLC at one site address Q o 6 - 30. x 100' Green houses with 123 on site fans 0 2- 60' x 83' Primary processing buildings 0 1-60' x 40' 2400 sq. Primary processing building 0 0 44 parking spaces cn o New 500' driveway 41111 CMS MS o 10' setback off property lines 50' from East neighbors home and 66' from West neighbors home o 5 mail boxes posted at one site address o No running water o No septic system or proposed toilet systems o Blocking views IMPACTS: WHAT OLCC WILL DO ONCE THEY RECEIVE AN ONLINE APPLICATION WHICH INCLUDES A COUNTY OR CITY COMPATIBILITY REPORT • Once they have received an application they will begin an investigation • Fingerprinting of the licensee only • Conduct an on-site visit to seek applicable OLCC standards are met o N o Security N o Cameras o Look for running water that met OLCC standards for employees o Look for sanitary toilets to meet their standards o 0 0 SITE PROPOSAL: E At mir eavef.1+h i, ,Ak,4,4:Xi.gz aviys tar me Purposed marijuana tom M CD aWM S mural AC.Gown CIiY.On 9bt5fa cane ma with OM"bd+anas mmN r^^M a+uf at+a+corrtor once eNS CU far army rz+walrct3u+oria man(wrcs ProcwsN (-Unison- Mr;Zed"Nanavi w rwp...- Etjt.6 ur Jt 773•Mws id+4 (O \ C O ? ,.vtshrrd+9 _.._,..,— r--^— , tD'`a"Cbar..C. \111 nail �� w fit. 7.13 a : liar il, 02 il 0 / "1"*.r'Mtr . T Ili enaust fain with odor mum*fitteriii twelv`e ed'mom.type hwn?ar mmnmotive amountinthe gram/mums T. J 0 SITE TOUR: Q z Q i Q 2 0 cn 1— o Q 0_ 2 CITIZENS MN 0 , .. fo.m. �uarui w.cwaawaw,we E96RE01LUS EP U82RPE K€3€aAEO r A '.. €W 3 PI*3€ W€I3 * ♦rc 5014E xJCAr.,d0TPRl1044 GY6R WAAL PMMN6 APE Wt wOl+rF.CCMmr.0 Al 4.14UP.PPCCYEi1C vt /¢ y. MdtiimHtx4ilY r.pttw nyxP sW ...xm KVMµw 1 i , . Ptcts!ra N.umo. i• :141111 i • :j-Y [t APEBFMOPYACS6M PPOAEC?vxi TxE COU.fCi1CR CG6M.^A4 A ` CiFYaS}WPltlq a- M MLLPZ A,0 ux PAns rxGiu .4 ~My '"i .Lav t9Pb aP E 04sesANG 114 ;..' 'm .R,. a 4itNW:�w xCY tYAiER MEAEKx6 RAirlt,w6 PQ T. Pi 4iMPKl.OP WPC SArWY.TM4 '- 'u',§4 PAMbi(1 iwtos Ycae...M)�N3etOK.Ctsv �*. C: v YMlnnFib 1113 77 S! ,arand= t •O N ZOO OUTDOOR:POT GROW WHICH IS SUPPOSED TO BE OUT OF PUBLIC VIEW,YET VERY VISIBLE tiO NEIGHBORS HOME i O t U c 0 U.0 U O Neighbors yard which one day they looked out over a beautiful pasture and a view of Mt. Hood, now they look out over an 8' tall fence, a pole barn, and from their 2nd floor an outdoor pot grow. They have also had to invest in the planting of 5 tall trees to help now 1-1 block this view of this commercial/industrial marijuana operation because they have a destroyed their once beautiful view. z EE 2 U- CITRON NON O I- U Q 0 F%t}U p +JrYt ,k , h , a� r km e :. f O View from their upstairs window of this N commercial/industrial pot grow in the middle of �r- t'.0 their rural residential farming area o ci o l w View from their dining room window cb E 0 w- 6-20-17 UPDATED PHOTO'S 0 L 0 • A a0 CD0 i �r I '" a' i1prK v Q lot It: tor Q 2 LL. O 0 H o Q a. 2 CITIZENS . AI- 'S . x m • r + N — . CN COMMUNITY ACCEPTANCE-Very concerned about their public safety, quality of life and property values. E 0 0 U C t10 1 -.wr i - NEIGHBORS HAVE INSTALLED UNWANTED POT GROW SIGNS TO o OPPOSE THIS COMMERCIAL INDUSTRIAL POT GROW NEXT TO THEIR HOME IN EXCLUSIVE o FARM USE AREA IN CLACKAMAS COUNTY, OREGON NUMBER OF LICENSES ON SITE-5 ASIAN LLC'S LEASING PROPERTY >- 1. Green Factory LLC Jiajian Zhen 0 htt a ov.sos.ssate.or.us br web_name srch_in do_name_srchl name=GREEN%20FACTORY%2OLLC% � P�// g / /P� 4• P_ a 20&p_regist_nbr=t;cp_srch=PHASEI&psrint=FALSE&p_entity_status=ACTINA z D U- 0 CnF- 0 Q a. 2 OMENS MON Ø - FocusMcxxx,, �r I .P r 21-gegir : Business' Data 0242420i02;19 Registry*Rd Region,Dabs a4*a sneelData ReemeYar? '.,IIIMENES3101 DLLC ACT OREGON 02.12.2016 O2-12-2OF lofty Hams REEN FACTORY LLC t Fraaer*Fkaety -Asociated.Nante$ P�,a < nCn.>. 'zonr raxu u-r+ a+dw G7 GISTF.RED AGENT 2-12-2016 tY-;t:,=ra WOLF LEGAL.LLC O tip STH AVE 3RTLAND EOR 9209 E 17NITED STATES OF AMERICA Type IAL MAILING ADDRESS I Addr 1 TTN WOLF LEGAL +.,Addr 2. .'1 S W STH AAE a 'RAND {OR /9-209 t .'4TTED STATES OF AMERICA RegiatY Nbr Registry Oats Nest WAessel Data Re mo&Rae? DLLC ACT OREGON 07-16.2014 07-16.2016 Entay Mame •'OLE LEGAL-LLC brYpeSoueit.. y RtertieVeYes v N :t,..;1 .. �.. �, a;r?r rFak ,ek Type 'PRINCIPAL PLACE OF BUSINESS E... Addr. '0 NW STH AVE Addr 2': t� Ca •a•TLAND EOR 0-208 W.."MIIIIILNITED STATES OF AMERICA Pka ,0ck iso:.=fr'es,,,I1o,0,6,0,ou'to ,egoueda ens an.isen;re'farocess. N 'e type GT ; GISTERED AGENT Shut Date .7.16.2014 R.-..,...Dade Name e.a.HOA WOLF N Addri 0 N STH AVE Addy 2 N- Cs2 .•-TLAP'D EOR 197209 E 111'!R1§LNITED STATES OF AMERICA 0 0 I6 0 2. Area420 LLC Vien Son Bul z „,PdaTcar s6„c4;r 1•' 2 Raeietry Nor RellleiryF Rte Nast Reaereel lista Resewel Dee? O DLLC ACT OREGON 02-12-2016 02-I2-2017 bA Entity Norrie A420 LLC .c Fos e:.n Mara Cr) CO •c'3 c Pkasec&k bene” •+1� .,� .. about istered..,. and service ... ,.z p ran GT GISTERED AGENT Start Date . .12-1016 Remen Date Of ReLerd 034113-9i (WOLF LEGAL.LLC f6 Addr 1 ^0 NW STH AVENUE Add,2 0 O csa a RTLAND EOR 197204 I CNITED STATES OF AMERICA tii° Type IAL 4e7AJLLNG ADDRESS I I O Add,1. TIN WOLF LEGAL Ad*2 20 NW STH AVE r a RTLAND IOR 117209 I i'NITED STATES OF AMERICA 0 J O a z D 3. GK Wholesale LLC Travis Tran 2 O a 2 MINIS yeq,em.MINN 36 I ❑s,)aT-Or DUX I 002 I meson. I 1140.912 I 11A1,3C10 I MKT Mow 01 VICICH.FSAI F LI t F Noon ?rM 1,f kf.At000.340*t 1s.IS,ra' of Rm0iht :W444.,24 ITIOLF LEGAL.LLC 11p/Sr 1 10520 SIF.EAT AdN eez. .. 21AIQ) .: .'24S I 2)' 10ITED VALES OF A4£AI0A TZ.. •Lit..1.1111\G ADORES/ IIS W TM//LOLL LLCM.LLC a.ca,d Ifdi/rS 10020340 AVE AO*2 fr40 11==111pdrti S'Ares Of AMERICA 4. Creative Farm LLC Jessica Cheung ILEA Sts tA,;46I it( N c-I 0 rI > N Tvw DI -601F2CDAGL._ i `•L_•]ttf oYtr ewd 1(C•4A4100 I*OLF LK-AL I-LC N- .dd. •/IX.MTD A1'EOVE Adok 2 .�..ILANT) ISO Ir 2c9 I ..TTFD STATES OF 4/LEXICA 43 Trove tEl AU No "Cd.; -Ti\WLIt#lPOlOr. O ^ .AIL00) ISO 10201 ) Er...T.ML\tl'FD STAMOf Alt010CA O U Water Verification • 14. Stannic one of the following:(A)Water Right Permit or Certificate Number.(B)a statement that water is supplied front a public or pnvate water provider(name and cn contart information);or,(C)proof from the Oregon Water Resources Department j that water for mart)Sana production is from a Source that does not require a water right Neese see the attached proof from tie OWRD noting that each of the intended 'Z licensees are obtaining water for manivana production from sources that do not require a water right -. . O cThey have all filed a marijuana producer exempt water form and indicate that water will be met through rainwater collection (from the roof of the building) and recapturing water from the internal WC and g dehumidifier equipment. which together shall be gathered and drained into storage tanks. The storage tanks o will then be used to deliver water to the internal rooms of the building. Projected estimated annual volume required from all five LLC's is listed below. RAIN WATER COLLECTION HUMIDIFER COLLECTION 1. GK Wholesale 57,000 gal.Annually 38,000 gal. annually 2. Area 420 LLC 99,000 gal. annually 66,000 gal.annually 0 3. Green Factory LLC 78,000 gal.Annually 52,000 gal.annually o_ 4. Creative Farm LLC 99,000 gal.Annually 66.000 gal.annually 5. Emeraldine LLC 84.000 gal.Annually 56,000 gal,annually 417,000 gal.Annually 278,000 gal.Annually 2 L.L. 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This was gross negligence on the counties' part and needs to be addressed before any more building ."b continues at any/all grow sites. CDC requires "potable water for hand hygiene for workers, o as well as washing crops to be processed with quality water. Water should be drinking water To quality and should NOT be recycled". Waste Verification 0 L5 How will you ensure that all marijuana waste is.stored in a secure waste recepticle in the possession of the DLCO licensee?(See'Business Readtnes Guidebook for Oregon Recreationu&Marijuana Operations'on the OLCC website: ltttu;J/w'ww,nri pr,it.gov/raise/ma iiu .1'ages/detault.aspx). J a Please see the attached plans, all marijuana waste will be stored in a series of waste receptacles That are secured with io a-s, which shall be only be capable of opening by the individual licensees at the premises. cn 0 I U 3 9 ,„ ,°11 Focus-Maduaro 1 WASTE 3L1\AGE3If\-T 040-025-7750 Waste Management (I)A licensee most (a)Stow.manage and dispose of solid and liquid wastes generated during marijuana production and processing in accordance with applicable state and local laws and regulations which may include but are not limited to:. (A)Solid waste requirements m ORS 459 and OAR 340 Ditisions 93 to 96: (B)Hazardous waste requirements in ORS 466 and OAR 340,Divisions 100 to 106:and (C)Wastewater requirements in ORS 46SB and OAR 340,Divisions 41 to 42,44 to 45. C5 i4 awaf 71 (b)Store marijuana waste in a secured waste receptacle in the possession of and under the control of the licensee. (2)A licensee mar give or sell marijuana waste to a producer,processor or wholesale licensee or ... research certificate holder.Any such transaction must be entered into CTS pursuant to OAR 045- 02.5-7500. (3)In aA&tionto infarmatien required to be entered into CTS pursuant to OAR 845-025-7500a .,.,.. ' licensee must maintain accurate and comprehensive records regarding waste material that `•.a "`,'r` accounts for reconciles.and evidences all waste activity related to the disposal of marijuana. Stat.Arab:Sections 2.12 and 14.Chapter 614.Oregon laws 2015 s i Stats.Implemented-Sections 12.14.15 and 23,Chapter 614.Oregon Laws 2015 PLEASE NOTE TWAT DEQ ALLOWS 100 TONS OF COMPOSTING ON PROPERTY, WHERE DOES ONE DISPOSE Of 100 TONS OF MARIJUANA WASTE COMPOSTING r— MATERIALS? . N N N- ,., The question with waste is not where it is contained but how it is disposed of — O and if following the DEQ standards for all farming crop products it can be 72 composted, where will it be composted at on this property and where will it be 75 disposed of if composted or sold? o »A Health & Safety-running water and sanitary: oLCC indicates that porta potties meet their standard. to 0 HE.. 3.4),u., O Sol• ea 165 tiwe and Lay oaten tenl.rawn•, U (t t All manure lsseux.tr.>.he order“0 ot4wdo r otlsexp dtremeY,ln'nye a Wit go:sam:mt d5:uis to dretmee/222.12.oak Oak as ks.Sean amt...Lem C) 0,A souse mar tomaeeasesenhey peowier as moor cue 6e 1Kemee eaapta oath m+• L1.1) wry ad,maee so MI.ewymrtnet.,en n am„a.m:r0aar mw.serines„neat,m okwwyusr Stag Asa'Smarm 2 L`.,14.15 ana 16.Cle ps 674.Calm.Laos 025. O 5.,0 0....e l smano.11..I1,ti aux 1E Chyle 011,c+eo+'o.Lm.._rt>.. 1.. t.$_otS-lt6 . 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'.-'• — 2O 00 <urtamuMw male,,61e o rlmalo oS. me exaw.eI' x 1 tot 250050 rark'roo anyoneam4caMil Carden.n c trssde 0Cttde Carden. it ati0amt4 v Q ( tav 1.0,550E amf.-lot so i and 2 Mala mamma tuna that an mi. pmmgrnia>dmw:pm6�vomit ma .t.. ,an 'e ;' (* d i >�=rat.yosos50sp.,m4st«peopwaa�oapm+>xa rauwc� .. — t u-- ')mo,papaw ofttal one-mnaamt.bie maea5 mamatea u mt tae t m 5ptmoa -'( 0 �a&Mamma.m. .a«rer T?rw tee. .srp+m ' ah tst'rr1 nolo NV*....antntewsoEau ' (I) :' 50 I— Sar+bm Seem.:12 t4,ts aM 1A_Cbyan 6H.Qr{u Lamm tttS '%o` U MU • topltmm4.Semen SI.CSseer614.Orison taws 2611 •..^ .. - d um I MT S RBI MM FIR IMAM Taw maims _ -- e.randn — SNS ..... 40 Clst c,l.nra'S HERE IS WHAT THEY ARE NOT TAKING INTO CONSIDERATION 1. The public safety, quality of life,and property values of the neighbors. These businesses are federally illegal and are operating by cash only 2. The blocking of once beautiful views of the neighbors. 3. The County is allowing more than one OLCC marijuana production business license at one site therefore property owners will be able to lease their entire piece of land for pot grows. At this site there are 4 Asian LLC's who will be growing and processing marijuana. HB3400 requires that the owner of the grow site or the manager of the grow live on property,so what this means is that each LLC manager/owner will be required to live on property, however there is no water, no septic,&no plumbing. 4. They have installer 5 mail boxes on the roadway for this property. 5. Clackamas County has not required any public restrooms requirements or health and safety standards at this site. On site construction has begun and neighbors have been witnessing members of this construction crew openly going to the bathroom on various parts of the property. Because this is an exclusive farm use zone, it is under Oregon's Right tc Farm Act law which does not require farmers to have restrooms, however the Oregon Liquor Control Commission who is responsible for the rules requires that there be running water and toilet's,who exactly is the enforcer to assure that permits are obtained and water and toilets provided? Currently all of the building plans submitted do not include health and sanitary drawings. 6. The licensee must have a background check, but there is no requirement for employee's to have a background check, therefore opening the door for other suspicious people involved with the marijuana trade to be on the o property. PROPOSED N ti 1. 1 LICENSE PER SITE OR A MAXIMUM GROW CANOPY 2. RESTRICT BLOCKING OF VIEWS 3. REQUIRE SEPTIC,PLUMBING,WATER ON SITE tth 4. REQUIRE APPLICANT TO PROVIDE ANNUAL WATER TESTING LE 0 ToPROHIBIT BLOCKING VIEW ORDINANCES 0 N 0 >U J 0 d Z U- 0 H U a WEBS Me r a:iw Focw-Marguara i 34.71 S Leland Rd PROM=C EENN 1SES IMMO O TM ONE=neat vim Of MT WOO '17 J 1 t o N N ti CASE STUDY #2 EE 0 (75 COUNTY ZDO #: Z0018-16 23254 S. Ridge Rd, Beavercreek TBR Timber Zone 15ac o 0 to OWNER: Purchased on 2/13/15 for $599,000 by Lee and Lesley Langan-23254 S. Ridge Rd. Beavercreek, Oregon 97004 PROPOSED: Change 30,000 sq. ft. horse arena (B0171996) to commercial use for 0 COMMERCIAL/INDUSTRIAL marijuana grow IMPACTS: https://accela.clackamas.us/citizenaccess/ • Upgrading of agricultural road access to commercial 0 • Use of commercial water trucks on agriculturally zoned property • No Septic and Sanitary requirements • No Marijuana Waste disposal requirements • No Updated County assessors land assessment with the upgrading of the building from agricultural to commercial/industrial a • Land use permit for commercial being issued for industrial complex Q • Front road commercial access in a rural residential timber area SITE PROPOSAL: u_ 4n Ctamp4eled(I)o+uuad I- U at+ w�Y.anr#rims ." X�sw�vr+.i Q d Approved wMandllitrati 2605?*4i' Yew p_ge.�a,. Ras '4pr KS 447/31Y2C,5 — P tta4 Poem*234or ShWails Yltrw 49spaog f7 RLS op 4111143r2015 Approved 225 PramiNt Yltli.9.4`4k14t CMONO 42 240 Watboard Yfgw 0e94i41 ✓3aEuft r kur.as Gar1V741..'+ FCCUWAYIUCIPC App4744d 240 W"aP4#iPo YiB4Y.g9t t4 Completed(9) r 5;Aopro e4 wfta Otans 2 14rOrt*wood-7 ApPv.sd 230 Slml Mb tier.Pstin4s Rawl Oy:1Sor,o 17R1115 Parotid App.M 240 Wallbowd Vier Wlailf pew4!.by R1-on 09/231201 e dkpprov d 230 Shear Wags r_i Oetai.3 Nestin by:FT on 10tE/2015 Apploral 235 IneRlanon Vire Details Ree1i'b,.Wim l:`.iy12315 N- 0 N \-I N I-- - O 0 E.5 0 0 U 0 t loC L U) m co C 0 co U C O 00 a) 0 >0 J 0 a Q z Q D 0c 2 0 H U Q IZ 2 0 CITIZENS NON FocusMal m:nu CLACKAlt1/41AS COUNT I' DEPAIIMMINT TProvtiostAtION 41411* 40,1$10r1.44 Ot4-14,0111/ot tiltuaw44, tan AviSal.fits itaaft 004-41*COOL 19103,' Recent ID: 130113015 Applied 03/25/2015 TypeConwnercial AcIdesed. Status. issued Pie* Valuation $100,000 00 Expration 06/22/2016 Address 23254 S RtDGE RD BEAVERCREEK,OR 91004 r•-• Location c\I Pam* 33E32 00202 Canto-ate of Occupancy Requinal Yes Entered By SHIRLEYC Gtaes 3204keitatew -0 COntstot Phone Occupaorosr "c3 lose Ante: 3 Pins,: 01M12016 V• Desern*Son" CHANGING HORSE ARENA or 71998)TO gek.ALI L'S RC LAI_ USE"-Oft kaustCAL MARIJUANA GROWiNG-NO REM Co: no engin"red on!renc AM-I spoke with die arorstez.s and he wanted to (-6 wise lie pans to$how that no`rev Ttoangineenng regoted by hw.n. Dl modtamak,erectnore at pluething. Apparently tiltss rlaussyg some contesion*Mt liectrica4 Asp", To NOTICE the Cour*/I nreaw aryl approva,of this 4 CatKIrt as not auditing/to etty ereiviqr that may 0 a wriefto or Me 1641110111Erwhergered Species At EAS:t You ace speolficety pi*on nano at 2 is your noposeeballphadsteentaktitwtether activities undertaken pennant to en awravel re$t*In *Os the porMidelei tit the ESA ft furter your responsibany to ensure that ell sothialti taken puts to asiningnnot*se denignen,constructed and mainteMed in a manner that does not tneitho 1110 ESA at Sly ether tqaticebie federal,steer or too*kart "Aray TempoPtiOutt or Pat System Devetopment Cheap&aeon made by the Oepatiment may be 000006nn Itin Con*ISM tieerame Officer by Sing a wnium request with the Department*Stet 14 >- SOO et the US derlater the hie i$600161.' 0_ Andreae*Plea Roam $170,00 CorroMfati MOO Rete* $42016 Slat*$tirthafge $7188 00 Cortermroat Structural Permit $647..20 2 P.% 12.4Z F OL/42.04i PAW C.UkiXAMOSAA Irtspectien Request Lire:NI 741 47? 0 2 WENS MAO troglotina 16141A201S:OMSIN70111REAL PROPERTY TAX STATEMENT ,Oh2US04-01 204SI(EAL PROPERTY TAX STATEMENT 0,441,MA5.ca,nT 3!*C01.139 XVI Wirel,tXR•t#i400U C,e nx}Jk 41344 ..... 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N r 07/01/2013-06/30/2014 REAL PROPERTY TAX STATEMENT o MACK/WAS COUNTY,OREGON'150 BEAVERCREEK RDA OREGON CITY,OREGON 97045 2 o PROPERTY DESCRIPTION I MAP: 33E32 00202 ACCOUNT NO: 00922700 0 U 23254 S RIDGE RD Code Area 035-023 UNION BANK OF CALIFORNIA-SAN DIEGO O BEAVERCREEK OR 97004 Acres 15.0 k0 12013-2014 CURRENT TAX BY DISTRICT: E CO VALUES: LAST YEAR THIS YEAR COMCOLL CLACK 190.73 REAL MARKET VALUES(RMV) ESD CLACKAMAS 125,10 rb SCFI MOL RIVER 1.61228 RMV LAND 183.812 183.812 EDUCATION TOTAL: 1,329.11 o RMV BLDG &Jai Its„,ADEa co RMV TOTAL 389,952 385,822 O COUNTY CLACKAMAS 1,141 08 o ASSESSED VALUE 389,952 385,822 COUNTY EXTENSION S 4-tt 1925 2 COUNTY LIBRARY 152.90 O TOTAL TAXABLE AV 389,952 385,822 COUNTY PUBLIC SFTY LOC OPT 95 68 PROPERTY TAXES: 4,515.32 4,412.30 COUNTY SOIL CONS 15,87 FD 1 CLACK CO 919.72 °Properly taxes may be pail online,see applicable tees prior to paying. °Payments may be mailed to PO Box 6100.Portland,OR 97228-6100 PORT OF PTLD 26.97 Men paying by mad,please ms le checks payable to Clackamas County URBAN RENEWAL COUNTY 16,31 U fax CoN+dor .You may also pay,n aur office xated in the Development Services VECTOR CONTROL 2.51 Buiktng at 150 Beavercreek Rosi in Oregon City.O VECTOR CONTROL LOC OPT 9.65 CL M your mortgage company pays your taxes. Into/matNm Is Beforyour Q records GENERAL GOVERNMENT TOTAL: 2,402.94 Z Q Payment TAX PAI.MENT OPTIONS COM LOLL CLACK BOND 57.84 E +latianS Data Due Q}6count A►iow ii N LAMIIMDt FD 1 CLACK CO BOND 22 81 FULL Nov 1501,201:9 132.37 3% 4,279.93 EXCLUDED FROM OMIT TOTAL: 80.25 L_ 2/3 Nov 15th,2013 58.83 2% 2.882.70 2013.2014 TAX BEFORE DISCOUNT 4,412.30 O to H U 0_ 2 45 OWNS MS N77N..Ys4 Focus-MOuvona ...aAkEw»te..0 SITE TOUR: i;1,_ '')illia ♦' N- 0 (N N N- 0 COMMUNITY ACCEPTANCE: o a In his land use application he is proposing to truck water in to satisfy the needs of his grow o operation. co 1E • The building he is using was modified and is now rated as a commercial structure. We will have commercial trucks accessing a commercial structure through an 1 agricultural access. - FROM AN IMPACTED NEIGHBOR COMMERCIAL TRUCKS ACCESSING A COMMERCIAL STRUCTURE THROUGH AN AGRICULTURAL ACCESSSHOULD HAVE REQUIRED ACCESS TO BE UPDATED o Previously I was told the access was grandfathered and therefore he was not required to upgrade it when he pulled the commercial permits. >- • Who is going to be responsible for the damage to the paving from heavy trucks J exiting and entering an unpaved approach? a • The access that was originally put in is 100' to the north. It is abandoned but the gate a remains. a 2 U- 0 a) 1— o a In2 NM 46 ,fjuO� M. 4, s s. The current access was created after the county's entrance requirements were established. When the building was modified engineering should have required the access be updated. For trucks of any size to enter the property they will need to swing a very wide turn into the oncoming traffic lanes. 0 CN _0 1. 2. 3. ▪ The 1st photo shows the width of the driveway at the gate t The 2nd photo shows the angle of entry to the drive and the steepness at the street The 3rd photo shows how the road drops down creating a blind stop for traffic travelling northbound ▪ on Ridge Rd. cb o e Aayr 4. 5. 6. The 4th photo shows the steepness of the drive and the amount of gravel which has spilled onto the paved surface. o The 5th photo shows how the gravel is diverting runoff across the street to my property. a The 6th photo shows the original driveway constructed when the residence was established and grandfathered as entrance. The 7th photo below shows the plywood covering entrances that should be fire rated doors. U- 0 I U 0 47 anduMMIN ~ �a46_aiw.T Vaxa FocvsMapuuj ...aww..ew.a ee ref 1111111111111111 CcjtEt‘hMEIrr.0 reg Beawroreek Rd Oregon CITY OR 97015 leka (503 742-4740 CILACKAMA$ APPROVED AUTHORIZATION NOTICE Penny Numbs: 5E020915 ApySed: 05/15/2015 Description: CHANGE OF USE CONVERTING HORSE ARENA TO NON-EXEMPT AGRICULTURAL BUILDING(B0113015), EXISITNG SYSTEM 57015994 Pemat Status: Pending Insp Area: West Site Address: 23254 S RIDGE RD BEAVERCREEK,OR Acres: 97004 Parcel: 33E32 00202 Completed By: Drake Amunda0.1 Applicant: SCOT BRIGGS-2910 SE 1315T AVE PORTLAND,OR 97238- SCOTWITHONETEE®YAHOO.COM c-I Applkam Phone: Deposit Surcharge: 0 Contractor. - - Total Fees: $255.00 N Contractor Phone: Total Payments: $255.00 Owner LANGAN LEE&LESLEY Balance Due: S0.00 (NI N- Structure Type: OulhctArog Wats Supply: Priva1 Well —_ k Bedrooms: 3 Projected Daily 450 p Gallons: -0 tB 0 ?lU tie•ar W.:/l (1 relr;In.upNnnal) U C 0 stuns twho, 0.0 C t'anat Aonronol. Ren.Rd c,,,u.,,r .0 5;11/1015 L71 VNtrn.Dar 100 , 72 g. aK aMan1 BAC Mem, LVYb134n. 00 4— SE»Ing i{i.tsry 0 1MM saaruroulma etamra ltdattaa smsva+ar Walai Amu* m � 421 0 r .«b .4 lQo , tL0 2 R4radt t unlna+nts 0 x . trcs.., a Iweehtld�uetvs Web+.,Aa Hkn^.liWsrX meed dt�Aa.v > 0 J 0 CL Z_ CO U_ 0 Cr) I— U 2 rtesoMMom48 i0C115-MCluona CLACKAMAS COUNTY Dr.wrn.rtwe w i.an ox a Drvnwwrxr Recoil 0:80207416 Applied:O5f022016 Type:Residential Approved: ':.....'-..,., Status:Counter Final: Valuation:05454961^ Expiration: Address:217603 RIDGE RD OREGON CRY,OR 97043 LOcaam: Parcel:33E21 00600 Certificate of Occupancy Required: Entered By:KAT1-EENC Class:101-NSFR Contact Phone:503-6147754 Occupancy.R-3 SFR/Duplex Type V-8 Imp Area:3-g Gilds 81006: Printed:071132011. Violation: Desorption:CONW A'i.NSFR Suojset to tonditione of approval for case fie 20036-16 2nd Boor naw a'kilhenece•alto a sink and num lodge area.Noted that cooking appliances are not:Sowed to function as a Kitchen.Ig Conditions: Special-'lone. 629 Sent to FD regardkg sq.a.r9 N0 E TRAFFIC HAZARD • o Ridge Rd. does not have a posted speed limit and based on population density it is 55mph. This is an imminent traffic hazard that should have been addressed in the o planning process which we residents were screened out of by the county land use decision. The county and those failing to properly regulate are responsible morally if not legally for the potential damage and injury arising from this lack of oversight and review. mo Calling marijuana a farm crop does not create farm practices in its production. When a proposed land use encompasses nonfarm practices it should be addressed in the oapplication. The county has acknowledged this in the engineering requirement regarding the 7 fans and noise abatement studies. How can they excuse the other issues this proposal raises? 0 bo A) The application needs to be suspended until it is properly reviewed for its non-farm impacts. There are other areas which were not addressed in the application. • The occupancy limit of the building is 30 people. 0 o Where are the required parking spaces? o The septic system for the mobile home is rated at 375gal/day. The anticipated load from the mobile home (per WES) is 450 gal/day. This does not include any effluent from the commercial building on the property. o The building has no permitted plumbing for irrigation. o He is proposing recovering rain water and supplementing with water delivered 2 o by truck. • Doesn't the code require permits for the thousands of gallons of water c which will need to be stored on site? 0 49 arm MS F-:xi5-M2i,urtu • What about water quality in the adjacent creek which could be affected by runoff from a hydroponic grow? • Has DEQ signed off on their disposal plans for the tons of waste a 20,000 sq. ft. grow would generate? Dump Stoppers already has an ongoing battle with illegal dumping less than a mile from the site. Without public hearings I cannot raise any of the questions which should be answered. The responsibility now lies with those allowing this project to move forward in violation of established code and land use policies. The desire to establish an industry which is still not legal under federal law has created ripple effects throughout the planning and enforcement process. When those tasked to carry out illegitimate policies refuse to cooperate, and demand their supervisors abide by the law, order can be restored to the process. A look back in history shows us that "I was just following orders" is not a viable defense. Not long ago a landowner on Redland Road was denied permits for his green waste recycling operation because he could not satisfy the county's requirements on many of these issues. o Did the county discriminate against him by requiring him to meet regulations not enforced on marijuana grows? Do you suppose he suffered economic loss like the ones addressed in ti the Dorothy English case? If these grows are going to be so important economically to the o county I think the growers can afford to address the issues they create. 0 0 Sincerely, John Selegue 8 The inspection report indicates they have built another room inside which was not on the o' permit (processing?). How will the county regulate its use? E You also know that the assessor has not reappraised the property. If the county expects income from this industry this would be a good starting point. 0 The summary for the property at 21750 Ridge Rd. is to demonstrate the fees the County 8 imposes on new residential construction. o rw a� • There should be a Marijuana Mitigation fee for the cost of permitting and o enforcement of regulations. • Perhaps a police surcharge would also be in order. Good morning, O I contacted Ben Blessing in regards to your concerns and the pending land use Q application. His response is below. cc They have to take access from S Ridge Road. He indicated that he will be using this as a driveway. If it is new driveway, he would have to show us "where" Does this help? I- U d MOS �,. 50 Finding The site plan submitted by the applicant shows that the proposed outdoor grow area will be sited at least 100 feet from all lot lines.This criterion can be met as outlined by conditions of approval. E. Access.The subject property shall have frontage on,and direct access from.a constructed public.county.or state road,or take access on an exclusive road or easement serving only the subject property.However,this standard will be waived if the property takes access via a private road or easement which also selves other properties and evidence is provided by the applicant in the form of a petition,that all other property owners who have access rights to the private road or easement agree to allow the specific marijuana production or marijuana processing described in the application.Such evidence ch:rli include any conditions stipulated in the agreement. Finding:The subject property has frontage on and direct access from S.Ridge Road which is a constructed county road.This criterion is met. F. Lighting.Lighting shall be regulated pursuant to Subsection 841.03(F): 1. Light cast by light fixtures inside any building used for Marijuana Production shall not be visible outside the building from 7:00 p.m.to 7:00 am.the following day 2. Outdoor marijuana grow lights shall not be illuminated from 7:00 pm_to 0 7:00 am the following day. N Planning&Zoning Dr sine Land Use File No.20018-16-MJ Page 7 0 Operating a commercial/industrial business in a rural residential timber zone 0 area 0 0 cn NUMBER OF LICENSES PER SITE: ry 1 commercial marijuana production land use application request 0 70 John Bogel applicant, also the applicant for 26900 SE Forrester Rd, Boring Case Study #5 0 tw n 01/07/2016 Z0018-16 Planning-PD-HO- Manjuaaa t1,3 p Msnislenal _. 23254 S RIDGE RD BEAVERCREEK OR 97004 >- 0 U v*RecordDetails O n- Applicant Project Description: JORDAN BOGEL Marijuana 26900 SE FORRESTER RD MARIJUANA PRODUCTION BORING,OR,97009 cc Home Phone:9175756700 2 Owner: LL O LANGAN LEE&LESLEY H 23254 S RIDGE RD O BEAVERCREEK OR 97004 0 2 Focus•Morluano • V'Work Location 23254 S RIDGE RD BEAVERCREEK OR 97004 w Record Details Applicant: Project Description: SCOT BRIGGS AUTHORIZATION NOTICE 2816 SE 131ST AVE CHANGE OF USE:CONVERTING HORSE ARENA TO PORTLAND,OR,97236 NON-EXEMPT AGRICULTURAL BUILDING(80113015), SCOTWITHONETEEQcYAHOO.COM EXISITNG SYSTEM ST015994 Owner: LANGAN LEE&LESLEY 23254 S RIDGE RD BEAVERCREEK OR 97004 Showing 1-4 of 4 I Add to collection Rik Record Number Record Type Prosed Name A CA Status Action ❑01/07,2016 E0009118 BUBtlng-Elecfical COMMERCIAL USE 23254 S RIDGE RD. issued FOR MEDICAL BEAVERCREEK OR 97004 MARIJUANAGROWING -THREE 200 AMP O SERVICE AND 30 C'V CIRCUITS 0 031252015 60113015 Bu e-Commercial CHANGING HORSE 23254 S RIDGE RD. Issued Ness ARENA 180171556'TO BEAVERCREEK OR 97004 C COMMERCIAL USE FOR MEDICAL MARUUANAGROW'VING - -NO RETAIL o 0 01;0712016 Z0018.16 Planning-PD-HO- Marijuana 23254 S RIDGE RD. Pending -O MnlstenaI BEAVERCREEK OR 97004 (B 05715;2015 SE020915 Sots-Combo AUTHORIZATION 23254 S RIDGE RD,^___. Approved U WATER VERIFICATION: LE Collecting rain water and trucking in water WASTE WATER VERIFICATION: There is no mention of waste water management in the application and treatment. My t opinion is this was gross negligence on the counties' part and needs to be addressed before any more building continues at any/all grow sites. Keep in mind the CDC requires "potable water for hand hygiene for workers, as well as washing crops to be processed with quality o water. Water should be drinking water quality and should NOT be recycled". WASTE VERIFICATION: The question with waste is not where it is contained but how it is disposed of and if following the DEQ standards for all farming crop products it can be composted, where will it be composted at on this property and where will it be disposed of if composted or sold? HEALTH & SAFETY-Running water/sanitary: o OLCC notes that porta potties meet their sanitary standards; this is not acceptable in a rural residential community. OMENS ON 0 PROPOSED 1. REQUIRE ALL COMMERCIAL/INDUSTRIAL STANDARDS TO BE APPLIED 2. REQUIRE ANNUAL TAX ASSESSOR EVALUATIONS 3. REQUIRE SEPTIC,PLUMBING,WATER ON SITE 4. THERE SHOULD BE A MARIJUANA MITIGATE FEE FOR THE COST OF PERMITTING AND ENFORCING 5. A POLICE SURCHARGE WOULD ALSO BE IN ORDER CASE STUDY #3 o COUNTY ZDO #: Z0148-16 28752 SE Kelso Rd EFU 3 ac N N OWNER: Proving Grounds LLC Gerrick Latta, Chad Cromwell, Kyle Lachenmeier 28752 SE Kelso Rd, Boring PROPOSED: Turning a 30,000 sq. ft. horse stable into a marijuana grow barn. 0 28752 SE Kelso Rd 0 ao c 2t3 i 52 ,,E Kelso kd ca NII .0.o .m. EL) 0 7-23-16 IMPACTS: https://accela.clackamas.us/citizenaccess/ zQ • Excessive Tree removal • Impact to neighboring property values 2 o SITE PROPOSAL: aProposes to turn a 22 stall horse stable into an indoor marijuana grow. SITE TOUR: lelOMENS MOM F wnt.;s 1 .s2: , 410. SOLD:5639,000 �:�-- - 11t12t1S Complete remodel mid 1990's studs & up-plus kitchen, bath & porch early 2000..Granite, slate, block glass, trex deck—Dressage barn & arena 72X200+ covered & 72X144 outdoor arena "poss guest quarters". 14+stalls, separate pastures, RV parking+,washrack-tackrooms and offices, foaling barns, separate paddocks, hay storage-MT.Hood view! Poss-Boarding facility. 0 N N opwsimommia0 O O 60-80, 40'to 60'tall pine and fir trees were removed on this property. tu° COMMUNITY ACCEPTANCE: 14111,-.1105, . •»-. 0 >, -' a. 't £ �� ` ° +, ,�,. 3 Q u_ After watching the once wonderful horse stable purchased by marijuana growers and over o 60-80 tall pine and fir trees removed, by March 1, 2016 the house was vacated. 1(3 MUMS a O 54 r o-rmaawse•:-, Focus-1401Am rvraaa.wawas ADDITIONAL SUPPORTING CASE STUDY: 44515 SE Hwy 26, Sandy, Oregon 97055 Z0063-2017 In many of the States commercial marijuana locations, hundreds of trees are being removed. Here is an additional location in which on 2-3-17 they began clear cutting all the RI) trees off of the property. Over 200 60 to 80 Douglas Fir trees have been completely removed. N Work location O,py �,r i.Nv.., C6 ' afz O r , — +R ore Oetaila /O♦ j 0 APPIM Ant Prof cl Otscrption: , vwnvc :# 54515 W 6. 1,i. Yr RSH,T%,97Q5+?53't^.i 14[5(Jt.YYMARItUAtYA PR(ipt,�CTtgM }! {emx An nc S1J4555JSR £. L1U aCMvtT#est yt�pz.t.ect .. `t Owow riSMER.tERRv t Po tx.lti t > PMNOY qR 9?OSi +Moro Detailsf cb Rtlated Contacts } "' = Additional Information +{n OApplication Information 'gMa GENERAL o N Itis RolKe Of4tdtKe: .. O Nencwal: r.. t [[rr�� O!Y)1 ttn1#. Ov 6� r M�+wrNWi{7 3w ..� �7�'li1 L;)If�lM1{1V-lt��t.'1�( 92 MN)Vrc 49• y. t. dean %Al FZEt41t3VEi} t3 Parcft k,fennagon >- U J , O F— U a. imams MOM /.r ra Sates0 _.. ar arr.o- la m,t��nbtau.a,�tLf�� Faces Mariiuono ...a+wR.a.s.d NUMBER OF LICENSES PER SITE: ti Commercial marijuana production o N ►Work Location h- 28752 SE KELSO RD BORING OR 97009 O T3 f6 O Record Details U Applicant Project Description: 28752 SE KELSO RD Marijuana b�0 BORING,OR,97009 MARIJUANA PRODUCTION Home Phone:5033105535 - pdxhtghstandards@gmait.com N Owner: cb PROVING GROUNDS LLC 28752 SE KELSO RD O BORING OR 97009 _ 0 c Pt.-as hk ufot:enera1 information aboutr isrered agents and son we of rocess N Type GT GIST BRED AGES. switWite '1•-18-2015 R abate ` O Nate. ::'HAD I 'CROMWELL Addn 1 ':5 CENTRRPOINTR DRIVE Addy 2 ':I.TE 220 CSZ:... 'tk:E.OS'A EGO 'OR 19,035 IIIM=MUNITED STATES OF AMERICA 'type -. AL'MAILING ADDRESS I Addy* CENTERPOINIEDRIVE ›- PAS 2 .TE220 ts2 ' OSWEGO 'OR ,97035I J51ikLU STATES OF AMERICA J O a Type ..IEM'MEMBER IIIMZ=MEMENI Name:.. YLE I 11ACHENMEIER I I Q Addr I 1516 SW PAS4DLNA ST Addy 1 --i CSZ 1111-AND IOR 197219 I 111:0=16,INITED STATES OF AMERICA fY Type'' r M MEMBERI 2 1 dame HAD j !CROMWELL I I Li_ Addr 1 CEVTERPOINI'E DRIVE O Addr2 •TE 220 (n Csz AKE OSWECd) log 137033 I 1112M=11111KNTTED STATES OF AMERICA U LEM(MEMBER Nome :: ERRIK I p11TA I I 2 CITIZENS illlIw 56 1)Gt� "t VIII/ WATER VERIFICATION: Where is the water source? Application not on the web site WASTE WATER VERIFICATION: There is no mention of waste water management in the application and treatment. My opinion is this was gross negligence on the counties' part and needs to be addressed before any more building continues at any/all grow sites. Keep in mind the CDC requires "potable water for hand hygiene for workers, as well as washing crops to be processed with quality water. Water should be drinking water quality and should NOT be recycled". WASTE VERIFICATION: Where is the designated waste plan? ti o The question with waste is not where it is contained but how it is disposed of and if following the DEQ standards for all farming crop products it can be composted, where will it be composted at on this property and where will it be disposed of if cornposted or sold? HEALTH & SAFETY-Running water/sanitary: OLCC indicates that porta potties 0 meet their standards. PROPOSED 1. RESTRICT EFU PROPERTIES AND LIMIT CANOPY SIZE TO 5 ACRES AND UP 2. RESTRICT MAXIMUM TREE REMOVALS 0 bA N O 0 J O a z 2 U- 0 F- 0 MEN FocusMaryoona CASE STUDY #4 COUNTY ZDO #: Z00004-16 10770 SE 362nd Ave. Boring EFU 36 Industrial grow barns OWNER: Brad Troutner 10770 SE 362nd Ave. Boring, Oregon PROPOSED: • 36 industrial grow barns on 18.57 ac on EFU zone surrounded by RRFF5 properties IMPACTS: https://accela.clackamas.us/citizenaccess/ • Commercial/Industrial business in exclusive use residential farming area directly across the street from a low income mobile home park with lots of children zoned • Traffic impacts on small rural residential forest farming community N • Road easement designated for use and trimming of branches and trees now being leased to Grow Units LLC who is building 36-marijuana grow barns. This is a misrepresentation of the granted use of this road access easement though the road — easement document indicates that the user shall have the full use and control of the - road access. o 0 Authorization of Use of Easement Driveway O C L (n To whom It Nay Concern: (B Tmomer Farms LLC u leasing a portion of their fano located at 10770 SE 362"Ave Boring Oregon 97009,to Grow Units LLC. Grow Units LLC will be subleasing (/3 designated meas of this farm to Wer individuol farmers andkr=taroks_ - framer Farms hereby authorizes prizes Germ units 1.1.0 and am of is Imam to use the 0 private driveway easement for access to the farm and their particular licetard facility on _ de property.This exchnive easement was recorded by Clackamas Camay on 9117/14, N record Dumber 2014-047431. Only Groomer Fame and it's authorized assigns have oxen to this easement driveway. 0 The driveway is Of s.40'at the entrance 91420'wide eominuously to oar poverty. L (I) Please Contact Brad Trimmer at 303-313-5322 if any other information is respired. 0 Brad Trontner ChenerlMmber Trembler Farm LLC Connate shag.bra)all et as of limners sad a rtsv to and front the real evade(insinding the right limb time to nine,except CL 0 aa.herewoltcr provided to nae,torn sod elwve freer,,bosh,overtenging branches and other obstruction)0 00tory for grantee's arae,enjoyment,operation and otainatinance of the 055antent hereby grained and of manta and pnvi oges incidnin 10000(0. k h.ujt sat ate tog Oohs.heroin g74ontody goon.,shall have the hitt use and control trf dogabove deunhed real estate. (hunter n to moo anal tr hl grantor harmless from any and alt Bairns of third panics snits Froer grantee's tote of rho rights herein rooted. The period of Otto easement shell be in.pe•potuity_-...__..always subject,however,no the following amine con. diteam,MSt itdilt5 and tivioniehCb36i'. 0 U) I--- U d 2 M$NNW 58 fCCUS-MC'QUart1 +a.a,+wana«a�e • Owner Troutner has filed a lawsuit against the City of Fairview for not allowing medical marijuana grows in industrial zones. Landlord sues over loss of pot growers By Sataarwu.Maniumao gnawers het se Mauch zob, C CIPS and antrum can teen power to give to noes and Tt1eo1Ba°nu,etrcfcncv s the lawoud said In Pally late medical eariivana No murtkv to prohrbe medical An mdustnal park is sunk March,du-cry sem a leper ducaors.Including a!gown manlaana facilities and retail Fairview over whether local to park own.-u Cary Tmupoa hours of operation.Vocation, sats is the Mg. gown nmems chat prohibit informing him tin park waa the prblion access and how Under Measure yt,In mom medical ranlnana ptduc- to violation dusty..de- products arenan:yortecl. areas only canappmee tiny are overstepping their A few M t-.Later,Fairview /fewwp,according to a a ban and they matt collect andante's,node,Oregon law, employee,Inspected the gude by the leap*of Ore- enough ngnanees to put the The lawsuit,filed in Molt park.On March no the city gen Isles.state law does Issue on the ballot.In,lean nornah Calay on lune V. rens a tenet remanding that net specify whether a my ens Oregon*minims where claims€astwlnd Indrismal all medico,mamma grows can ban medical rnanpata at lea*55 percent of voters Parks lost revenue from at the park laesbutdown.the grows,The league advises opposed Measure yr,,try medical manger*growers lawsuit said that ceps mttsuh with their councils and county commis- who stoped renting at the ?raga(instructed his city anomey noncan votetopmhlbnany park after Fairview cryoffi- terams,Mstop growingThe lawsuit claims Fair- naooiara hi»mess. Gals told them they could not Three of blit sopped rent clew is overstepping its Many cites and e grow on the property. immune the authority n ng, my v ties have efnylaoa d tanned Thecity'smanitdes prohibit suit hset topavesoart.[helaw- eratefr.1 ore lot, medial 19 counties and medical regardless vi w net grows slim mustid the state ro a say It ep rkn mile ahpl a and, esauneof whether the Troia-me rent edost will se medical irowwp,'t-tpuk) nips hale..Man. al. the he*ate Is registered with month it rant ane will Mme lamer.linen lytliet-tautent, Manorial ss have hi docs. thesua. tnhmidtionanam leaves when the said. uses others havehigh*ere- Tsulanlinasksuagatew fourth mkaves.[hekaw- FairviewUn City Attorneyl taxes l discourage roc th issue sent ort against sun said commAshleUncoil declined to Faleli l retailers.including the eegarih gthe groeatonthaf Oregon law allows atria comment issue sere too tachhasa ao per } Ian regarding the growth M to prohibit nrreadaal mus The aasue of local control Yta tat. i medical manuoma. guano pudasell processors over unaairarahas been Fastened rented to four and sales.a well as medical naverslat.Lawmakers have smanoe,tt,st eemnon om l o regsterdmedicalnanjoma ptommors a,I deivemarve struggled aver how much Sol 194 1001 i N http://www.oregonlive.colr/gresham/index.ssf/2016/07/fairview_sued_by_industrial_pa.html CN SITE PROPOSAL: http://grow-units.com/index.html o fa o o a ... 4 F„ . r .w. — .,.\ to .: tt [ ' y' s '1:,',,,' •c e U s-ca y ` E ! - - 1 o to ` ' 4 1— i46-04 o r� a.. .. ..a •• ,— „arm --a+ -moi �..-t -v. ' L .•�e± .w oar } set _ ti m J _� 1r.a./'� U t SF'6etltl t v ,. ..l .r ,- y Q Z p t Q wailie �— �F C Q , 2 _, .' o .a. cn o Q EL 2 59i CITIZENS NMI I., g,..,..,.. �a focus-Morlvona SITE TOUR: - topr`f '"* is .- eptly a Hemp Fk L . = s;11141'1= ar ,. .111F 1116 �_ . . . a .i Tk . 11111 s.. ' .. a Marijuana grow bail Marijuana Grow barns "- - pnspixsed 20004-16 1A-16 I1.190'2 • i— proposed 10218 17 5111117 ♦ j, •s'". 111901 _ *, r industrial marijuana grow barns proposed NOTICE O • co • (0 To bA O O J O a 2 cmittis 0001010 6 Falcui-mcluona p A v ? r : s J., :0,1,; .,...,„,„4 ',,s4:::::::,, ,' 41;1 f '.7'' /,1011''' . ii/ - , ' I 31 . z . `4 R'*, { Isla aver t� .,µ, { en3tire oonenteety. The rt skunkSRl6d Ot pbl is so bad rrrr} , -' ',, ,r4-44.- i r you can't evert Sit in you „�",.( .r t �' � I i i — Ow yara ''Y` r > it: �: r ";'"� ` s.< 'Eliot!' ; -T. .' I r ti ,rifle us*rano tnoust _ w i� y <i :°77,° T36:: F3cuNt}CYt>t}ctt Gt k3ntas CrCoo* rta!trey C6 e -a a pot"grunt zax •O E The stench of Hemp Grows In Neighbors wrote to Senator Chuck Thompson 0 cl I was under the impression as a human, that breathing clean fresh air was a right not a privilege in the ostate of Oregon. When the powers to be were granting unconditional rights to marijuana/hemp growers, it ' is clear that residences living around those pot farms were never considered. 0 The stench from the marijuana and hemp grow operation at 10770 SE 362nd Ave, behind our property has become intolerable. The skunk smell is not only overwhelming in the morning; we now have to deal with it in the evenings. On 9/20/2017 DEQ said there are worse smells. I have been told it's no worse than 0 tomato plants. a Brad Troutner is now hanging marijuana/hemp plants outside in his silver RV cover/hanger exposing the Sr skunk odors to everyone. The pictures I have attached are from the center of our back field. His first processing was on 8/30/2017 and he tried to conceal the pot/hemp with a tarp. The second round of Q processing was done 9/21/2017 and he isn't hiding anything. Please note the pictures of the piles of 2 pot/hemp just lying on the ground. Why aren't there any regulations covering emissions of pot/hemp. 0 CO Since September 1, 2017 the air quality has gotten so bad especially when the east wind blows that Si working outdoors is almost impossible. Opening windows in our house is no longer an option morning or g night. When the Eagle Creek smoke and ash was in the air the smell was not as debilitating. 61 CITIZENS ORIN lacus-Marifvona I wonder if you would enjoy living next to or near a pot/hemp farm. I wonder what your family would think. So once again I ask,where are our rights? Sherri M. Markham-Boring, Oregon Here is what these neighbors see from their barn blocking their once beautiful view of Mt. Hood. k*r- A _.411111 or, !i d a w""` — 6ilirarza77 17'2 uturzaf i1'22 .Ls 10-12-17 UPDATE O 10770 SE 362nd Boring, Oregon Brad Troutner Landlord owner of the buildings that are being leased to pot growers. http://growunits.com/ i 0 The mission of the pro pot landlord is: O s Pro¢osedt w T LE rk Nang'ora7plAcaflt ,ter"" -..i4.. i t l:1"-#71 U 0 'OA 2 Thieves use power tools, O 0 sledge hammers to steal pot 0 J plants from u_ O cn http://katu.com/news/local/thieves-smash-walls-with-sledgehammers-steal-pot-plants-from-licensed-grow- facility 2 emus MON 62 by Chris Liedie.KATU Ness I Thursday.October 12th 2017 or I •vo' � � ._ a as N VAS FLa' t.LD.STRINGENT''""" =CURITY MEASURES REQUIRED o AT KA C6 0 co To ate.,..., ..._ C U0 _ O BORING, Ore. —Deputies are searching for at least three men who broke into a state licensed t recreational marijuana growing facility early Tuesday morning using sledgehammers and power o tools. 0 The theft occurred around 2 a.m. at a marijuana growing community outside of Boring. The landlord,who asked us to use only his first name, Brad, said the men drove a dual-wheeled 2 truck on a private road on an adjacent property. He said the men cut barbed wire fencing and LL o used power tools and sledgehammers to smash through walls. Lr "They brought a lot of power tools and cut right through the steel," Brad told KATU. "They came into the back walls of the buildings to avoid the primary cameras." Brad says he believes the operation was planned. "They knew where to go, they knew where to drive in, they knew where to access our property without being seen," Brad said. "They thought if they could cut a hole in the back of the buildings that they could get in and out without being seen or heard." The Oregon Liquor Control Commission has stringent security measures to prevent crime at these facilities. Sites must have security cameras installed inside and out, in every room and at each doorway. The cameras' data must be store on- and off-site. In addition, facilities must be physically secured and doors must be reinforced by steel. Brad says the facility meets and exceeds all of OLCC's requirements. "It's frustrating," he said. "We're not big players. We're just small people who own small businesses trying to make it work." o The suspects successfully entered six buildings, smashing or disturbing security cameras as they moved. — 0 Brad said they damaged most of them except one that was tucked away in a corner. The room's o light was accidentally left on,which captured a clear image of one of the suspects. 0 0 Another camera caught two men opening and closing doors, and walking through a hallway with to headlamps. A tenant at the site saw the men and yelled, which spooked the suspects. Clackamas County deputies responded with a K-9 unit, but they came up empty handed. 76 Now, the local growers are asking for the community's help in identifying the suspects. o If you would like to provide information regarding suspected criminal activity, call the Clackamas County Sheriffs Office Tip Line at 503-723-4949 or fill out the e-mail form. Tips can be anonymous. Please refer to case number 17-27035. Brad estimates the damage to the buildings to be upward of $50,000, and much more for the stolen and lost product. 0_ z NOTE: ADDRESS OF THIS COMMERCIAL POT GROW IS LOCATED AT: 10770 se 362ND , Boring, Oregon. See continuing case study under Oregon. Brad Troutner is the 2 landlord who has tried to bully local neighbors because they have opposed this large industrial 0 pot grow next to their rural residential farming homes. Troutner Farms LLC a a cmnMs MO 0 UPDATE: 10-24-17 NOW THIS ADDRESS WANTS TO PROMOTE THE LOCATION OF THEIR HEMP GROW, HOPING THAT THE BURGLARS WILL THINK THAT THIS LEASE A POT BARN IS A HEMP GROW RATHER THAN 54 PROPOSED METAL MARIJUANA GROW BARNS. BELOW SIGNS INSTALLED TODAY TO BLOCK THE NEIGHBORS UNWANTEDPOTGROWS.COM SIGN. •0 N N N- 0 0 O O 0 C O tiA C 1E N c3 COMMUNITY ACCEPTANCE: cb o . c c - txo House directly next to the entrance of the Troutner LLC property. The increased traffic into this area in a small rural residential area has been significant and neighbors say they a haven't slept through the night for over a year with increased traffic 24/7, loud music, pot agrowers harassing their horses, dumping their spent soil on the property lines, bully behaviors, semi-trucks, cement trucks and simply the fact that they have turned this once c rural farm agricultural farm into an industrialized multi barn pot grow. o NUMBER OF LICENSES PER SITE: cn muaicnarvavu-wti vrt ar VJl1 01/0412016 Z0004-16 Planning-PD-H-10- Marijuana 10770 SE 362nd AVE,BORING Approved o_ Ministerial OR 97009 NO SITUS View Additional Locations» Record Details Applicant: Project Description: 10770 SE 362ND AVE Marijuana BORING,OR,97009 MARIJUANA PRODUCTION Home Phone:5033135322 Owner: TROUTNER FARMS LLC 1557 NE VISTA WAY GRESHAM OR 97030 WATER VERIFICATION: tiYATF,OF OREGON ti COUNTY OF CIACKAMAS O CERTIFICATE OF WATER R0Gtff flJ O U c THIS CERTIFICATE ISSUED TO O TROUTNER FARMS,LLC 177705E 362"o AVE BORING OR 97009 O CB outdoes the right to use the widens of A WELL in the NORTH FORK DEEP CREEK BASIN for AGRICULTURE.USE AND IRRIGATION of 37.37 ACRES. This right was perfected under Permit GT 2968.the date of priority is APRIL 17,1995.The amount of wales to which this F right is entitled is limited loon amount Yually used beneficially,and shall not exceed 0.22)CUBIC FOOT PER SECOND ur IIS equivalent In cart of 1Piation.measured at the well 0 Tha puled of allowed use In year round. (6 The well n loomed as follows: C Ta • *ler Sec 0.0 Measured D'ataonea —...,. OL'U.J tS SE WM 1270 FRETSOUTH ANDSOPEFT EAST FROM C) NW CORNER,SECTION 35 O The amount of water used kis NURSERY OPERATIONS is limited to a diversion of 0.15 cubic fool per mod parr acreFor the irrigation of containerized sumer,-plants,the amount of water divert is limited to ONE-FORTIETH of one curio toot per second(or us equivalent)and 5.0 acre feet per acre per year.Fur the ioigaTion olio ground nursery plants the amount of vont.diverted is Ionilod no tRNA-ETGHTtErM of one cubic fare per second for ins equivalent)and Si atm font pet acre par year.Theo of wider for NURSERY OPERATIONS may be made at artytim0 of the year that the use is beneficial.For the irrigation of any other crop,the amount mf sumer Overfed u limbed to ONEZEGHTIETH of one cubic fool po ucend for its equivalent)and 2.5 acro feel per acre during the irsipetion season aced year, A description of the Place of use is as Follows, Tw- Mer See I Acres _ 1S 4E WM 35 NE NW '0.71 J IS 4E WM 35 NW NW 27.66 d Z Cf U- O U) U 2 KIBBE INN jr.2r ago 2"2hmibl ma. toner eauvuer.v.t.,aaram 2220222 26.2,ry fccus•taarluarr Measurement.recording and royvesling ces,ditions, A Ow water user shall nuineain the meter or measuring device in good working order. • 13. The water user shall allow the waeermas.access to the meter cc measuring device;provided however,whore die meter or measuring device is located within a private structure,the watermaster shall request access open reasonable natio. C. The Director may termite the waver user to keep and maintain a tared of the amount(solume)of water used and may require tM water osee la repel water Inc on a periodic schedule as established by the Director.In addition,rhe. Director may require he carer user to report general weer one information.the periods of warm use and the place and name of use of water under the nen.The Difectar may provide an opportunity fir the water user to school alternative reptrung procedenes for review am;approval. Useof water from the well.as allowed herein,shall be controlled or shut off if tris well displays. (A) An average waver level dxline of there or more feet per year for five consecutive years,en (8) A tont water level decline e(finger or mere fleet:at (C) A hydraulic interfere.doeline of fifteen or more feet many neighboring well providing water for semis exempt aces or wells covered by prior rights The enter user shall be eespoasibk for coenobites with each of die following requirements far measuring water Insole in the welt (A) A water level measurement shall be mode each year dung the pewit]March t through Much)I. (8) All water level eeaesarenemts shall be made bye qualified"individual,QealifaW idividalls are certified water rights woman.reges:cred geologist sus/sierra professional engravers,licensed lad surveyors. hammed well driller,diseased pump installer,or the water user. (C) Anyqua:die1 individual measuring a well shad tugs aeeadanl redmds:doomsday and equipment designed for the Repose of well mcavesenwo.The equipment used shalt he wall guard to the conditiros of construction at toe well.A hat of standard methods of peer dire and suitable equipment shall be available from the Depurm inNs . (D) The water user shall submit retard of the measurement to the Department an a form available from the O Depen refit.The retard of measurement stall include beth nseasureeenn and calculations,shall include a N certitcatun ss to their amsaaey signed by the in5vidual making the eensusemeats,and shell be submitted to She Department within 90 days from she date of measurement.The Deportment shalt&unitise when any of the declines coed en section(I)are evikeeed by the well measurement required in section. CN Use of water under authority of this ugh.may be regulated i1 analysis of data available abet the right is issued discloses that the appropriation will memorably reduce dee serfxe water flaw.necessary to nuantern she leen-flowing character of a scennc waterway en grenttees necessary for mrrcauore,fish alai wildlife en effect as of the priority date of the right or as dose granteka may he subsequently reduced. O Ground water from use under this right shall he 6produced from the Deep ionWde Aquifer between 290 and ASO tea Moo land arfax. She welln shall he maintained in accordance with de Genual Standards for the Construction and Maintenance of Water O Weirs in Oregon.The marks shell be equipped with a useable access port.and may also include en air line and pressure gauge C) adequasc to determine water keel cisvatien in the wells tr all rims. 0 +-r tear C O c0 Tdte Dires:tur may require water level Cr pump test ntsuhs every ton years. co Failure to comply with any of the provisions of this tight may result in action including,but not limited to,restrictions on the c use,civil penalties,or cancellation of the right. O • This tight its for the beneficial use of water without waste. The water user is advised that new.regubntions may requite the die rJ of best practical technologies or conservation practices to achieve this end. By law,the land use associated with lh:s water use must be in compliance with statewide laud-use goats and any local acknowledged land-use plan, O The use of water shall be limited when it interferes with any prior surface or ground water rights. Issued JAN 3 0 2015 •_A 1.. J- 17sv• ht F c•1 d Water Ili. Services Division Administrator,for Thomas A s yler,Director Oregon Water Resources Depadment Q CC C 0 U) H- U Q 2 CITIZENS POMO A• vsawt. Focus-Marijuana .eswarew+e.vwo Troutner Farms intb. r u 1.7 1y1 Brad Troutner<brad.Iroutne,••mail.com> 9:59 PM(16 hours ego) �. to FOX - Hello Tracy. Hope you have some awesome plans for this holiday weekend! .0) I have a question for you. If we were to grow exotic culinary mushrooms and leafy vegetables and herbs in trays(using LED lights)inside buildings or green houses,that would that fall under'any other crop'is listed on our water rights certificate correct? Also,If we were ever to grow oommercael hemp or tags!marijuana In a buliding,greenhouse or open held cn our farm is there any issue with our water rights not covering those crops? According to Oregon State law both commercial hemp and marijuana are Yams crops"to be treated as any other farm crop on EFU zoned farm lend. On our water rights certificate t says'any other crop,the amount of water diverted Is Wiled to one-eightieth of one cubic foot per second...' So I guess that would be what we are allowed to use for these other crops. I do not imagine that the water rights would be any different for these items but I thought I would esk just to be sure. If there is something else we would need to address for these types of crops please let me know. Thanks so much! Sincerely,. Brad Troutner ti c-i 0 N FOX Tracy I. 11:45 AM(2 hours ago) ti N tome • ti Mr.Troutnct, I don't see any issue with growing these other crops under Cert 89675. -oo «5 0 0 U c h0 c Oregon Water Resources Department 1725 Summer St NE,Suite A I Salem,Oregon 97301 Phone'. 503.9,6.6..:.0827 I Fax. 503 986-0901 (J) co Emu'l tract L,foXl wrd.Btate.or.ue Web:htto://www.wrd state.or.us Co WASTE WATER VERIFICATION: There is no mention of waste water management in the application and treatment. My o opinion is this was gross negligence on the counties' part and needs to be addressed before any more building continues at any/all grow sites. Keep in mind the CDC requires "potable 0 water for hand hygiene for workers, as well as washing crops to be processed with quality water. Water should be drinking water quality and should NOT be recycled". WASTE VERIFICATION: O 15. How will you ensure that all marijuana waste is stored in a secure waste receptacle s in the possession of the OLCC licensee?(See'Business Readiness Guidebook for Oregon Recreational Marijuana Operation?on the OLCC website: • r+, 'r'r i ,learn 49ntca.+atfs wr( ow ren'harS CA.yi t.xf 4eep Aid i'axts recencclos lecke.," eanI."df 2 L.L Karr Posi'Sbn aF rrt<Phelea of ed/ ^t¢e. Veolahen of 0 [pith rLsu/i-ii fCrminaol'rc-n U IZ 2 CMZEIM WIN 68 yaw P The question with waste is not where it is contained but how it is disposed of and if following the DEQ standards for all farming crop products it can be composted, where will it be composted at on this property and where will it be disposed of if composted or sold? HEALTH & SAFETY-Running water/sanitary: OLCC indicates that porta potties meet their standard. One of the 36 sites has been licensed by OLCC-GMG LLC REGISTRY NUMBER #ISRR�SY:'CAl1 1M78 :,. ,fb iF 114161.0' ME vna OduE.STIC iR.IRED LtFBRJTY CCAmANY 4.ENTRY NAME R--1 I ..-r M Mom.+-r........ n» 2.AWLING AGGRESS Cyr401/NE GRAND AVE CV isa "vmtuo ROR.RAM OR U7 I2 USF 3.NAME A ADDRESS Or REGISTERED AGENT Ate w bR F'y I Qxn CRAIG M rIGRA'NS S203 MEACCWS RD STE ISD - a, ... ...''°, _., ., ..K.. '.i ;•...a-k48..i LAME OSWEGO OR 47035 USA O �- � *NA Alm. avow wow En:wi +t,ORGANIn6t8 1- dONN M Y P4nie 'atfcre ci1a s..Fs,. O =_:' »,* ,. 1 T ,,,<„; .. DC'3 S BOSTON AVE STE MO U '. tAf4+ q, TULSA OKT4103USA VII aaec.r•�,amn t ®® tt0 C L N PROPOSED 0 • 1 LICENSE PER SITE OR A MAXIMUM GROW CANOPY THAT WILL HELP TO RESTRICT TRAFFIC FLOW WHERE THERE ARE A LOT OF FAMILIES AND KIDS WHO LIVE IN THE AREA • NOTE: OLCC is issuing more than one commercial marijuana license per site address as long as the owner of the property does not make any profit from the sale of marijuana. In this case the owner is making money by leasing buildings to marijuana growers, therefore in an indirect way he is being paid money from marijuana growers who are selling marijuana to make a profit. Q • Clackamas County marijuana regulations are also not limiting the number of licenses at one site address, therefore allowing this to be turned into an industrialized commercial marijuana growing zone. cc • The department of agriculture is also issuing hemp licenses without any o requirements for local jurisdiction regulations in place and OLCC is allowing cn both hemp grows and commercial marijuana grows to be at one site address. U 2c1- 69 69 M�- Focusm001.30 3 CASE STUDY #5 COUNTY ZDO #: Z0019-16 26900 SE Forrester Rd, Boring Timber Zone OLCC OWNER: Bogel Equestrian LLC-Jordan Bogel http//egov.sos.state.or.us/br/pkg_web_name srch_inq.show detl?p_be_rsn=1795712&p srce=Bf_INQ&p_print=FALSE PROPOSED: Proposal: Applicant proposes outdoor and indoor marijuana production.Outdoor production will consist of 18. 100' x 20' cannabis growing beds.Indoor production will occur in an existing approximately 1.550 square foot completely enclosed building. and an existing 7.680 square foot enclosed barn. Only 332 square feet of the existing barn will be used to grow marijuana. The remaining portion of the barn will be used for marijuana drying.trimming. etc. IMPACTS: https://accela.clackamas.us/citizenaccess/ o • Fencing that looks like a prison compound r-- SITE `SITE PROPOSAL: -o— O 0 0 U c SIZE INFORMATION O V4,14,42224242 ate:LEM.2 5291, 4:.c ..w;cow.22..4 170 m.v4n 244.0 cvr»2�ws.n-wmf ? n SITE PAN NOTES .` � .. , CO Eo-sir, `^L.) Y �hVs MYT.04x'.MGI / ! •1 ` \`"I s;:* ce.. liV K 3• 4,214-1C 44122.C2422121.1 mu". .k. tom, htlk'd4=' Yf.3. SIZE PLAN K Y 2`t 0930942E ��t\4'y ee7 C1.cicMv.m+..9. CrwIXwa-+wan.44 44c..E f.2.LLLM)NESGI�.i4 ++•f>l's(y`V. Qf.GC06 K557 ¢ ft U a 2.2420 WMSL� is%a++vvim, l . ,2 244 22«054.r 1%,:61,�G...0011.4..4.. 4+. 4- . 0 ..4r m ..:�vo.an2 f.aiw �J- 7 2422.41 NUM ATE. a_ SITE FLAN nazxfoe2aaw.e.aoa..... .44m. _5cuc:'.li__ morn.w«.a%wra 54 2.22.s2 2.42 44244.24* 24422 -094£52_990.3 1 22224.42.0122004 VON 2 LL 0 U r2 2 MUM MINN 70 Focus-KA SITE TOUR: t. 18 j GREENHOUSES' CONSTRUCTED` . •eu •RIOR TO EVEN'. •n + RECEIVING pN alma PRODUCTION — PERMIT — ",.`vz lAr =. r ,Zit ,mom_: I , -+ -,` /10/16 'o CV 0 115 0 0 U o44. to" rn IB 0.4.:141 ' ' 7*, cb ... /4 4'7///// 1/4" 1/ ilf. ; * To o to 0 COMMUNITY ACCEPTANCE: U o Opposed to prison co npound looking facility in the middle of a once beautiful pasture and Q the skunk smell of p:)t. z NUMBER OF LICENSES PER SITE: 2< APROVED BY OLCC u_ 020 10015861203 I Greek Gardens LLC 86900 SE Forrester Deep Creels Gardens LLC /41104,10,1 v a 01/07/2016 Z0019-16 Pinning- - Marijuana 26900 SE FORRESTER RD, Approved g Ministerial BORING OR 97009 41 CITIZENS RAS 10 Focus Mario...,. 26900 SE FORRESTER RD BORING OR 97009 4r Record Details Applicant: Project Description: 26900 SE FORRESTER RD Marijuana BORING,OR,97009 MARIJUANA PRODUCTION Home Phone:9175756700 WATER VERIFICATION: J. Water. The applicant shall submit: 1. A water right permit or certificate number for the proposed marijuana production or marijuana processing: Findin : Certificate of Water Right under permit no. 14704 allows for irrigation. This criterion is met. oN WASTE WATER VERIFICATION: CN ti There is no mention of waste water management in the application and treatment. My o opinion is this was gross negligence on the counties' part and needs to be addressed before any more building continues at any/all grow sites. Keep in mind the CDC requires "potable water for hand hygiene for workers, as well as washing crops to be processed with quality water. Water should be drinking water quality and should NOT be recycled". �o WASTE VERIFICATION: cb K. Waste Management. Marihuana shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC' licensee. 0o Finding:Applicant states that waste will be handled by the licensee in limited o access area in accordance with OLCC and DEQ. The applicable standards of this Subsection are outlined above as Conditions ofApproval. This criterion can be met. >U J 0 WASTE VERIFICATION: Where is the designated waste plan? Q The question with waste is not where it is contained but how it is disposed of and if following the DEQ standards for all farming crop products it can be composted, where will it be composted at on this property and where will it be o disposed of if composted or sold? HEALTH & SAFETY-Running water/sanitary: 2 CRUSE 1.11101 r1Ln„7 PROPOSED REQUIRE TREE BARRIER TO COVER UP CYCLONE FENCING WHICH DEVALUES NEIGHBORING PROPERTIES AND LOOKS LIKE PRISON COMPOUNDS AND RUINS THE BEAUTY OF RURAL PASTURE LIVING- THIS TYPE OF FACILITY BELONGS IN OUR INDUSTRIAL ZONES Current 26990 SE Forrester, Boring, Oregon (4 Proposed tree barrier U aA O U J O d ZrZ Q Q 2 OLL U Q 2 4) CITIZENS fxus.M ... CASE STUDY #6 CLACKAMAS COUNTY 11512 S. Barnards Rd, Molalla ISSUE: Clackamas County is allowing a 40 acre prime farmland pasture in the EFU exclusive farm use zone to be turned into another mu/ti-licensed industrialized park pot leasing mar(/"uanagrow buildings site, which increases traffic, poses unwanted marijuana robberies, and turns the once quiet farming community into an industrial zone. This is a deceptive misuse of rezoning without the public's input. Steel metal buildings are not greenhouses, pole barns, or other farming type of buildings used for farming purposes. PROPERTY OWNERS: Public information indicates that Jesse &Jessica Kloberdanz Owners purchased property 3/31/16 for $950,000 11512 S. Barnards Rd, Molalla, Oregon 97038 0 Vit . 1 � N . O 40.7 LOT 4020 U 0 - In https://www.zillow.com/homedetails/11512-S-Barnards-Rd-Molalla-OR-97038/48288960_zpid/ •E 0 r r .= UA 2 141[ -y I 0 11512 S Barnards Rd, U Molalla,OR 97038 Zassmax> s wda 5 nw,a 4 4nn wn $1153,0;, 0 0.- CC CC U- 0 U) I-- U d MINI 74 recu5-a2jwra AMENDED ANNUAL.REPORT E-FILED Gorpw oft D.D.von .y»a. ,., � $ + OREGON SECRETARY OF SSA111 REGISTERED AGENT JESSE KLOBEROANZ R OWRY NUMBER 11512 S BARNARDS RD RewarRAlwR MOLALLA OR 97038 USA if the Registered Agent has changed.the nev: agent has consented to the appointment. $useless AWE MAEY FARMS LLD MEMBER MIMES AC1M7Y JESSE KLOBERDANZ AERituiTURu SAM 11512 S BARNARDS RD MAURO ADDRESS 11E12 S RARNARDS RD MOLALLA OR 97038 USA EMAI L%cR SMIS{TSA http://records.sos.state.or.us/webdrawer/webdrawer.d II/webdrawer/rec/5455807/view/S OS%20-%20Corporation%20%20Business°%20Entity%20Filing%20Records%20- %20124124199.PDF PROPERTY DEVELOPMENT PLANS-LEASED INDUSTRIALIZED MARIJUANA GROW STEEL • BUILDINGS • DEWEY FARMS LLC • https://www.dewey.farm/#mission o Dewey offers buildings at 5,000, 7,500 & 10,000sqft 'l�"``y} sizes. There are pre-built versions available but they can F also be built custom to you and your business needs. Alltic of our buildings can be used for cultivation, extraction and wholesale purposes. These top-of-the-line, steel DREAM BUILDING enforced buildings are completely off the grid. Contact • us today for more information at Team@dewey.farm Dewey Farms LLC and OG Spaces have come together rig WHY DEWEY FARMS? ` . to provide the most unique industrial cannabis ,ems experience on the planet. The duo have spearheaded o the most troublesome features that new and growing cannabusiness owners face. Wrap that all together with state-of-the-art, steel framed warehouses, professional property management and complete off-grid power.. You have a safe, sustainable environment to grow your cannabis empire. cc 2 u_ 2 CITIZENS MIMI Cx wsr F.MOe,,rr-' .e c,memnr auk,st`xx-s uc 0' ._. saw Si em SM-c;sos } F1,,matv nun Cew farm&t into 5.re.m .1..a MAO*. w barn..kh.e spaces # 3! 6 1 3" ID'{ 1 t 11512 S Barnards Rd r ! r 1. kWttlYlY VU111f wrnWc P '; i.' I A t lyddp inav+-J mwxxlei rmnx.. •� ,,._.__ `; Room to Grow. Dewey Forms has over 300 000sgh of pre-approved ,+door grow CN space.9uilding saes ranging hoes 5.000-10,000sgh that cols be built to your specs or ours. N ti `UANNABIS INDITSTAY BUILUil1�11 ,S *"%"* cab OG SPACES LLC haps://mgretailer.com/og-spaces/ http://egov.sos.state.or.us/br/pkg_web_name_srch_inq.show_detl?p_be_rsn=1846794&p o _srce=BR_INQ&p_print=FALSE https://www.linkedin.com/company/og-spaces >- OG Spaces is newly developed, fully compliant business park dedicated specifically to recreational cannabis producers. Located outside of Molalla Oregon, just 40 minutes southeast of Downtown a Portland. c z • Sitting on forty-acres of private EFU land, these are brand new indoor facilities perfect for E customized interior build-outs, per tenant's preferences. g • Tenants are granted a substantial rent credit for the funds they deposit into their own unique o escrow account to build their suite. This credit extends over the entire duration of their initial 60- r_ month term. a 2 CITIZEN OMa .. 76 • Tenants are not responsible for any rent payments until their license is issued and their interior buildout has been completed and requirements are signed off on. You are welcome to extend your lease 90-days prior to completion, at the same base lease rate. Rent credits are no longer granted on extended leases. • Tenants may choose between two building footprints: 3,400 SF & 6,400 SF. Leases are signed upon OG receiving the security & utility deposits. • Once lease is obtained, your already approved LUCS can be unlocked by Clackamas County. Once unlocked you are able to submit your application to the OLCC and obtain your operating license(s). • Spaces are completed within 30-days after receipt security deposit and escrow funds for the build. We look forward to collaborating with you to grow your business! Please give us a call for further details and exact lease rates! 503-967-3772 team@ogspaces.com https://www.dewey.farm/buildings N- NEW CONSTRUCTION BUILDING SIZES. N CV ,t.._,. 42: kf N (6 ohttp://klcc.org/post/marijuana-businesses-cause-warehouse-crunch https://youtu.be/tIJNtYSskA8 VW. J , Q / Z https://www.yooying.com/deweyfarms u_ O cnU 2 0 «t os Mill aavvcanaoeas.n.ware. x.c.vxat»oFaean FocusMatMMuara ...nwea..cwey • r , 111,Ktw,ri,' Aell=„* . , PerA,..61[4.194.1,,,,,,t,,e,,a,,,, A g,K4 around at Inal kb.malrnx PPA Pat P.ning PPP-. Ryppy 1,&,{Escpygvi tor all cremy and Foggy CAAmele Pow „ 14'0. _ 00V , AvviluvED - SPACES .17 MAP „ - — emu To sun -44400. I vamp I 0 - 15004 C\I n waza imam 0 rn * •". n raw1he6iS 14 40M tAdiAt 51690..t tY Erg tx, HAIR tninnned up on thos tint nALmntxvon lnavn vn non • „ [P_ Record Dr ; Record T —°Jec` -4 Address i.,':3`'%f;t- Status Short Notes TD Ell Date Type Number Name 'f , A AAAAA,TAAAAAAA,• • e7AA4AAtA4 A-AAAAAAAA•• Planning-PD-H0- E 08/1612016 1044546 . Marijuana NO S1TUS Approved ministenai Work Location CD NO SITUS •— <<H,00 AcIdAlonal Locations 1)11512 S BARNARDS RD MOLALLA OR 9702-8 0 0 00 Record Record Details 0 Applicant Project Description: JESSE KLOBERDANZ Marijuana 11512 S BARNARDS RD NJ-PRODUCTION MOLALIA O 97035 Home Phone A060483304 Owner (-) KLOBERDANZ JESSE&JESSICA 11512 S BARNARDS RD MOLALLA OR 973,e 0_ *More Details Related Contacts a Additional Information a Application Information GENERAL Type. Marijuana Zone I 2 EFU-Exclusive Farm Use Nonce Distance. 750 LL 0 (J) I2 Imo NMI 7 8 y A PeorNala, =rZ:V Focus-mai...n.1 http://www.clackamas.us/ascendweb/(S(541r1nfti30c1c113ku3rikx))/results.aspx 11512 S.$arnac_ls Rd,Molalla, Oregon Property Characteristics Property TiaDeferral Potential Additional Tax L' . Net€hhbarbood i2204:.Molalla Waal north all otter Legal Description: ;Land Class Category 1541-Ef C.'farmland nnnrot-e,? I ,. #SN 0520296 VOL 551-131-30-02-92-11 ZONED EFU d ng Class Category t x:Single family res.class 3 POTENTIAL ADDITIONAL TAX LIABILITY Year Built 1930_. •"'"'"'"""'*""'"'"""""ORD 89-230 DOR3-1001-93 93-94 ticteage C+a_ MOLUNIF angeiropertyratio '..\_%. . ___. = http://wAym_clackan s.usJascendweb/(S(541rjt>ti3OcIc113ku3rikx )/results.aspx ti ,mom ,.r.. . t . UE $2674 c--I w.o:uaq - ♦.w Tar Balance O '*g ."- aW...,�... ,,,-.«, Installmentsv y We xMIn nWe 0 paying3 tnstallnxnts no"View Detailed State ta Statement toe paying In pHOA . s.,.T., 11,.,:.11...... 4„(...r I„.rise P.....,,..._n II...„.„., .-, t ,,,r..rcx1 i... w„ ta..tr”. t N N- PROPERTY SOLD 3-31-16 0 2 Events o Effective O Date Entry Date-1line type Remarks p 0313 1120 1 6 U4 0-.2016 3.•-:};:changed Property Transfer Filing No.:29499603/31/2016 by LESLIESOS i 16: .00 b.o04107/2016Property Transfer Filing No.:294996.Special Warranty Deed.Recordine No.:2016-020705 0313112016 0313112016 !Recording Processed) s 16:22;00 LESLIESOS in co Sales Histary (0 4...der oto- Reuter t.nte' tete ord.. 400,10, *wk Amountl"u ry Moo*. O 4440'044 '0444ratoo St r:...'000:1916: ::7xa 4K4rnit o tAw430301331% (O -+i9 ;'W8AW1495 SnOriSW-0 U :S1' V9`0344A S344A44 ao moo* :,..+%74 .'.CWttbCo9 iW0,40943,3163J :__ _0 : b0 PERMITS ISSUED >U J 0 0 Q Z Q rY Q L.L. O Cn U Q a.2 79A. &MEWS WO�. Focus-Mar uariv Record Short Date Record Type Pro Project Name Address Status Action Notes Number TERPENE 8 TRIC 11512 SBARNARDS� EI 11/0712017 E0678517 BIJ Icing-Electrical HOME-MARIJUANA Issued MOLALLA OR GROW-SUITE#123 97038 TERPENE&TRIC 11512 S ❑ 09/19/2017 AGM14517 Being-Marijuana HOME-MARIJUANA AO MNARDS RD' Issued OR GROW-SUITE#123 97038 11512 S Install 6 gal Electric BARNARDS RD, issued 09/142017 P0230017 Bu4ding-Plumbing ❑ Water Heater M OLALLA OR 97038 11512 S BARNARDS El 0801/2017 E0551511 Building-Electrical Truganic issued MOLALLA OR 97038 TERPENE&TRIC 11512 S El 12/21/2016 AGMO251 n Budding-Marijuana HOME-MARIJUANA MMOLALLLLADOR�' Issued GROW-SUITE#110 97038 11512 S ❑ 03/27/2012 MS019812 Building/HistoricalfNArNA BARNARDS RD. ISSUED Molalla 97038 ti 11512 S r ❑ 03/21/2012 MS019312 Burlding/Histotcal/NA/NA BARNARDSRD. ISSUED O Malone 97036 REPLACEMENT 11512 S v-I ❑ 03/18/2009 60080009 Bralding'ResidentiaL/New/NA DWELLING FIRE BARNARDS RD, FINAL. SPRINKLER Mtolalla 97038 N- 11512 11512 S ❑ 11/24/2008 MS046808 BurdinglHistorical'NAtNA BARNARDS RD, ISSUED O Molalla 97038 rB TEMP POWER 11512 S p El 09/24/2007 E0621707 Bt lding/Electrical/Electrical/NA POLEANATERPROOF BARNARDS RD. FINAL OUTLET Malaga 97038 O U Prey 1 2 3 Next s 0 • co (O (a C O 4— (6 0 O UD 0) 0 >U J 0 0 Z U- 0 Cl) H- U d 2 mums 11011 8 0 rcCus-Mc!lunrn CASE STUDY #7 THC EXTRACTION LABS PUBLIC SAFETY • THC Extraction Labs o Labs rate o Injuries/ explosions There is no currently collected data providing the number of Butane Lab Explosion in the State of Oregon. Over the years of the medical marijuana program, there have been many N- butane hash oil explosions in homes, garages, restrooms, and industrial complexes. 0 N The two most significant Butane Hash Oil Extraction center explosion have been one registered Oregon Medical Mar1uana processing center in Astoria Oregon in which the — building was destroyed and two people taken to the hospital. Jacob Magly a contract worker 0 that was in the building and had 22% of his body burned. He is currently filing a $9 million 0 dollar lawsuit against the owners. U o HASH OIL EXPLOSIONS ON THE RISE IN OREGON http//www.kgw.com/news/investigations/hash-oil-explosions-onthe-rise-in- oregon/67200875 cb .i Blast rocks legal marijuana business in Astoria,sends 2 to burn unit http://www.oregonlive.com/marijuana/index.ssf/2016/10/blast rocks_legal_marijuana_b u.html 0 o Burn Victim in Astoria explosion sues butane hash oil Makers for$9 million dollars http://www.oregonl ive.com/marijuana/i ndex.ssf/2017/01/burn_victim_i n_astoria_explosi. html The second recent Butane Hash Oil Extraction Center explosion was an illegal building that o was being leased in the City of Oregon City. The Building was completely demolished. 0_ z Police: Firefighters find 'hash oil' operation in Oregon City HTTP://KATU.COM/NEWS/LOCAL/POLICE-FIREFIGHTERS-FIND-ILLEGAL-MARIJUANA-BHO- OPERATION-IN-OREGON-CITY 2 o OTHER RESIDENTIAL BUTANE HASH OIL LAB EXPLOSIONS 0 2 81 CM=WO rx us M.-1 ttt Resident of burned Alfalfa home arrested on drug charges for butane honey oil operation http://www.ktvz.co m/news/be nd/resi d ent-of-bu rn ed-a lfa lfa-ho m e-a rrested-o n-d rug- charges/69105227 ugcharges/69105227 Hash Oil lab explodes in Redmond http://www.bendbulletin.com/Iocalstate/4900148-151/hash-oil-lab-explodes-i n-redmond- garage?referrer=fpblob Oregon HASH LAB BLAST ROCKS LEGAL MARIJUANA http://www.oregonlive.com/marijuana/index.ssf/2016/10/blast_rocks_legal_marijuana_bu .html o Astoria Hash Lab Lawsuit-court details attached Burn victim in Astoria explosion sues butane hash oil ... o OregonLivel9 hours ago 0 Jan 30, 2017 Jacob Magley , 34, of Portland ... Astoria explosion sues butane hash oil ... fueled o explosion in Astoria last fall has filed a lawsuit against the company ... LE A construction worker who spent a month in a Portland burn unit after being injured in a butane-fueled explosion in Astoria last fall has filed a lawsuit against the company that . made the cannabis extract, the property owner and the company that sold the flammable o gas used to make the product. 0 un Jacob Magley, 34, of Portland is suing 11 businesses and three people for violations of o workplace safety laws. He filed the suit in Multnomah County and is seeking $8.9 million in damages. Magley was working as a contractor in the building when it exploded. The suit claims the company making the extract failed to keep butane from filling the room. He says the 2 facility lacked adequate ventilation and exit routes, automatic sprinklers and gas detectors among other safety features. 2 According to the suit, he was not given fire retardant clothing or other protective o equipment and was not warned about the dangers posed by butane. U a. a. 2 UMW M 82 Magley claims that Jason Oei, one of those named in the suit, consumed cannabis oil in a technique called "dabbing" while William "Chris" West handled butane. Magley alleges Oei's dabbing caused the explosion, which rocked the building on Oct. 19. West, too, was injured in the blast. Amy Margolis, a lawyer for the pair, declined to comment Monday. Making hash oil using butane can be dangerous. For years, the activity was unregulated and underground, carried out by home producers who often misunderstand the risks. The gas, a cheap and flammable solvent, is used to extract tetrahydrocannabinol, or THC, from marijuana flowers and leaves. N- 8 It can quickly fill an enclosed space, where something as ordinary as a pilot light can o ignite a fireball. N c\-I The dangers led to a new state law that makes unlicensed production of marijuana — extracts a felony. The provision is intended to target homemade butane hash oil 0 operations and not commercial operations, which are regulated by the state. 0 Clatsop County authorities launched a criminal investigation into the explosion. That winquiry is pending. An official with Oregon OSHA, an agency whose mission is worker safety and health, said Monday that its investigation also is ongoing. c .E Meanwhile, Oei and West are have applied for licenses to produce and process marijuana for the recreational market, said Mark Pettinger, a spokesman of the Oregon Liquor y Control Commission. 0 un , Pettinger said the agency is not processing the application until outside agencies complete their investigations. The outcome of those investigations could factor into whether the state issues a license, he said. Magley's lawyer, Jonah Flynn, of Atlanta, Georgia, said Monday that his client suffered a burns on his upper torso and that emergency workers arrived to find his skin "falling off." D, The episode has caused Magley lasting trauma, his lawyer said. 2 o "He's having a hard time," he said. U a. 2 83 VMS NW Flynn said Astoria Trading Co. is the parent company of Higher Level Concentrates, which at the time of the blast was on the Oregon Health Authority's list of state-authorized marijuana processors. Flynn, a personal injury lawyer, also represented a Gresham man severely burned in a 2013 butane hash oil blast that killed his friend. That suit has been "resolved" and dismissed, Flynn said, adding that the terms of the resolution are confidential. $9 Million Demand in Hash Oil Factory Explosion ... https://courthousenews.com/9-million-demand-in-hash-oil-factory... ... A man who suffered severe burns in a hash oil factory claims in a$9 million lawsuit that the explosion ... Jacob Magley sued three people ... explosion. "The ... r- JACOB MAGLEY. ) Case No. O An Individual. ) (N S IT Plaintiff ) COMPLAINT N 9 v. ) Premises Liability.Violations of Oregon ~ Safe Employment Act Violations of 1 U HIGH TIDE BIOLOGICAL.LLC ) Employer Liability Act.Strict Products o An Oregon Corporation: ) Liability.Negligence ca I! HIGHER LEVEL CONCENTRATES.LLC ) o An Oregon Corporation: ) JURY TRIAL DEMANDEDU 12 ASTORIA TRADING COMPANY ) c An Oregon Corporation: ) o 13 SWEET RELIEF ASTORIA ) NOT SUBJECT TO MANDATORY An Oregon Corporation: ) ARBITRATION N II 14 WILLIAM-CHRIS" ) FEE ALTfhORITY:ORS 21.160(lxe) An Individual: 15 ) JASON ALEXANDER OEI ) AMOUNT PRAYED FOR:S8.940.000.00 6 An Individual ) E 16 RICHARD DELPHIA ) o w. 17 An Individual: ) To DICKS JOHN.LLC ) U 18 An Oregon Corporation: ) o DICK'S LTD. ) o 19 An Oregon Corporatiou: ) 2 DIRICK PROPERTIES.LLC O An Oregon Corporation: ) �I DRDGAS.INC . ) An Oregon Corporation ) 22 DELPHIA ENTERPRISES.INC. ) An Oregon Corporation: ) U 23 UNDER THE BRIDGE CIGARETTES ) Assumed Business Name Owned and ) J 24 Operated by John Harper:and ) d UTB LNVESThIENTS.LLC ) Q 25 z An Oregon Corporation 76 Defendants. ) cc Q 2 U- O 0 I- 0 Q o_ 2 annoM1111N 84 icC M ry 16 On October 19. 2016.Defendants Higher Level Concentrates,LLC,High Tide 17 Biological.LLC.Astoria Trading Company.Jason Oei and William"Chris"West(hereinafter 18 referred to collectively as the"Astoria Trading Defendants")were commercial tenants at a 19 facility located at 401 Industry Street,Astoria.Oregon("the Subject Premises"). 7 aS$ a 'S _ `'`" N N ti I 4t 4,1 o ,y t • OAuI j 0 s ' 0 (73g A REVIEW OF THE DETAILS OF THIS LAWSUIT IS LISTED BELOW. r U_ J O d Z 2 LL O F U d 2 8 5 CMZENS Fouts M ,zt 1 Biological.LLC.Astoria Trading Company.Jason Ott and William"Chris"West(hereinafter IS referred to collectively as the.:Astoria Trading Defendants-)were eai�;ss;dl tom'"n1 at a 19 facility located at 401 Industry Street.Astoria.Oregon(-the Subject Premises") 19. 21 The subject premises was.and is owned. rated.maintained and possessed by Richard Delphia.Dick&John LLC.Dick's LTD.Dirick Properties.LLC.D&D Gas Inc and Delphia 23 24 Enterytnses In+ (herein the Delphia Defendants")for the purse of growing marijuana and 25 manufacturing cannabis extracts.At all tines relevant to this Complaint.Richard Delphia. 26 individually and as an agent for the Delphia Defendants.routinely entered and inspected the Cowry S Zr hr. G.`as X.Loa..Aewer+x in.PC cel 5.A".moan Saar Soak 903 would.OR O Rrs PAGE 4-COMPLAINT 5i_.>-* 0 N N ti 1 subject property. The Delphia Defendants received a portion of the profits of both Astoria Tsa,Iona an.ilueet Ii fA tnna as"rent," 0 O 0 19 In or about March of 2016.Plaintiff was hired by the Astoria Trading Defendants.to _'0 construct(or"build out')the subject premises for their cannabis growing and extraction operation.In violation of ORS 656.017,Astoria Trading Defendants did maintain workers' compensation insurance. U 0 tll O On October 19.2016.while Plaintiff was an invitee on the premises.Astoria Trading w arra,_ 3 Defendants were in the process of pre arinst cannabis extract usiu2 ano n ended system for arra. � 4 extracting THC from cannabis plant product arra. _ J O a_ LL 0 U muss MVO 86 we euro -y. 6 In an"open-ended"system."hash oil"or-honey oil"is produced by extracting cannabinoids from cannabis plant material using LP gas as a solvent. The plant material is placed in an"extraction tube"which is generally 2 feet long and 1.5 inches in circumference. LP 9 gas is then fed through the extraction tube to extract THC from the cannabis plant. 10 1I 1 Unbeknownst to Plaintiff.during an"open-ended"extraction process.invisible LP gas 14 vapors will escape and can «ckly fill an enclosed area. Because it is not odorized.the LP as 14 and vapor used to manufacture cannabis extracts can travel,undetected.great distances.Because 15 it is highly volatile and explosive.the LP gas can be ignited by an open tlame. ti 16 26. 0 i' On October 19.2016.the Astoria Trading Defendants were using canisters of-Whip-ns" m 1 S LP gas purchased from or provided by the Under the Bridge Ci tarenes and LTB Investments. LLC(herein the"Harper Defendants")in the extraction process. 0 0 c ♦2 At all tunes relevant to this Complaint.including October 19.2016,none of the ho Defendants provided a safe working environment for the Plaintiff i.e.a working environment cn -s4 free from recognized hazards(seeciically.a ventilated work environment free from explosion co • E -1,5 hazards).did not provide fire retardant clothing or any other form of personal protective 26 equipment to the Plaintiff did ispi warn Plaintiff about the dangers and Itazar s of T P as nr thea 0 nA roy s Zeatban Gina,it.lwm5o Mornay■Lx.Pc 0 622 S A'.Moarac Soret Sur*986 PAGE 6-COMPLAINT w.,u.a�s5s 503-227.7257 U J 0 CIL z 1 extraction process did not provide any training to Plaintiff regarding the dangers and hazards of LP gas or cannabis extraction. cc U- 0 t/) U Q 0 87 anus(40 FocuS.MarsL,Jna 4 The Subject Premises was defective and presented an unreasonable risk of harm to 5 invitees such as the Plaintiff Specifically.the subject premises: 6 a) Violated the 2014 Oregon Fire Code(OR Adrenin.Rule 837-040-0001 et seq.. the T 2012 International Fire Code. and the Life Safety Code(NEPA 101): S b) 'Was not equipped with automatic sprinklers: 9 c) Was not equipped with deflagration venting. as required by\FPA 68 and 10 substantive Oregon law: 11 d) Was not equipped with any explosion suppression systems. contrary to NEPA 68: 12 13 e) Did not have adequate ventilation. in violation of Oregon law: . . .. o 14 f} Was not equipped with LP as detectors: ti 15 :) Did not have any interior"Exit"signs; — 0 16 li) Did not have adequate exit routes: 17 i) Did not have suitable fire control devices: 18 j) Was not equipped with a"safety shower": 19 k) Did not have emergency lighting: 0 1) Did not have lit exit routes: and 21 in) Did not have two or more working exits.as required by Oregon law. } 0 J O a Z U- 0 H OffEen MON U d 88 On October 19.2016.while Plaintiff was an invitee at the subject premises.Jason Oei 25 (acting individually and as an agent of High Tide Biological.LLC.Higher Level Concentrates. 26 LLC,and Astoria Trading Company)was"dabbing"while on the subject premises. At the same Gaef«s x Z G u c!t 7wwlam Attarzy at Law PC b_FS,nt.Moan=Stem Surae SOO 7205 PAGE'-COMPLAINT p 503-177-72.17 time.West was utilizing an open extraction process. This created a source of ignition causing the LP gas vapors emitted from the Whip-its canisters used by West during the extraction csJ process to ignite and explode. N O As a result 01 the explosion.a massive mash tire engulfed the rtaintnIr_ 1 nc torce or the -a 10 flash fire caused the Plaintiff to suffer 22°o TBSA bunts to his hands.amts upper body.and 11 C aCe. 1_ ti▪p c 1z 32. ° 14 The explosion caused Plaintiff to endure extensive medical treatment and hospitalization. z 15 33. Ts— 16 On or about October 19.2016.the Defendants knew or should have known that LP gas has a wide explosive range.is a highly volatile gas,and its vapors arc odorless and highly 2 0 1fi explosive under a variety of circumstances.including those which are routinely encountered 19 during the preparation of cannabis extracts in interior spaces. >- 7_1 0 tl Z tY 2 U- 0 (f) F- a. C 2 CITIZENS 011101 As owners.occupiers and possessors o?the Subject Premises.Astoria Trading 11 12 Defendants.Delphia Defendants.and Sweet Relief Astoria knew.or by the exercise of 13 reasonable care should have discovered,the unreasonably dangerous condition created by the 14 deficiencies and code violations outlined in the preceding paragraph.and should have protected 15 the Plaintiff froin diose dangers.Further.the Astoria Trading Defendants.Delphia Defendants, 16 and Sweet Relief Astoria should have warned Plaintiff of the defects outlined in the prccedinf 17 paragraph.The Astoria Trading Defendants.Delphia Defendants.and Sweet Relief Defendants 18 did not take any steps to discover or eliminate these hazards,did not warn Plaintiff of the risk 19 presented by these hazards,and thus arc liable to Plaintiff.. N- 0 IS FIRST CLAIM FOR RELIEF 19 PREMISES LIABILITY (Astoria Trading Defendants.Delphia Defendants, and Sweet Relief Astoria) "In 0 13 SECOND CLAIM FOR RELIEF 12 VIOLATIONS OF OREGON SAFE EMPLOYMENT ACT(ORS 654.010,654.015) 14 (Astoria Trading Defendants) 0 to (a 0 0 4- U O tat) a) 0 >- 0 J 0 tl cc Z 2 LL 0 to I-- U t1 2 MIEN MON 90 _, 1 �-• By reason of the above and foregoing.Plaintiff has suffered the following losses and 3 damages: (1)economic damages consisting of reasonable charges necessarily incurred for past 4 and future medical services and lost income: and(2)non-economic damages consisting of past 5 and future pain.mental suffering. emotional distress.humiliation.permanent physical scarring. 6 inconvenience and interference with normal and usual activities. 86. S As a foreseeable direct and proximate result of Defendants' acts and-or omissions. 9 Plaintiff was made to endure bums on over 22%percent of his body. He was admitted into 0 N _ N11 Legacy Emanuel's burn center and remained there for nearly a month where he underwent ti 1 i painful burn and wound care.As a result of these injuries inflicted on Plaintiff.he is physically 0 0 13 impaired such that he has been. and will be.unable to participate in many of the sports.hobbies. 0 14 and other recreational activities and life pursuits he enjoyed prior to his injuries and is unable to ao 15 carry out the duties and responsibilities of his trade as a carpenter and construction worker. He IMMO (13 16 has permanent scarring and disfigurement on his face.both hands and wrists.and torso. He is 0 17 self-conscious and embarrassed by his scars.which keeps him from engaging in family and U 1 social activities. For these injuries.Plaintiff is entitled to non-economic damn e in the amount g �...... ���..w.., 19 of$7.000.000 and further economic damages as described below. >U J 0 Z U- 0 F- 0 d 91 VMS MON 4 SS. 5 As a result of the injuries inflicted on Plaintiff.he has burn scars on his face.both arms. 6 hands.wrists.upper torso.back and both legs. which are permanent. In addition.Plaintiff will likely have to undergo scar revision surgeries.which will consequently lead to further disfigurement in the foinn of scars from such surgeries. For this disfigurement and potential 9 future disfigurement.Plaintiff has suffered and will continue to suffer.and Plaintiff is entitled to 10 future medical expenses in the amount ofl$200.000 tor the amount proven at trial. 1 oy. r-- 13 13 At the time of the incident complained of.Plaintiff was gainfully employed as a No 14 handyman.carpenter.and construction worker. As a result of the acts and omissions of 15 Defendants.Plaintiff has been.and will be.unable to work due to the severity of his injuries. 0 16 Plaintiff has lost past wages of$15.000 and will incur future lost income in the amount of 1 $100.000 or the amount proven at trial. 18 90. 19 As a result of the injuries Plaintiff suffered due to Defendants' negligence.Plaintiff is 0 20 permanently impaired and unable to support himself. For this loss.Plaintiff seeks of earning �? /1 tzo capacity the amount f$1.250.000 or the amount proven at trial. o U O a Z EE 2 U- O H U 2 MEE MO 92 V`-pi.fneuam 1. Past medical expenses in the amount of S375.000.00 or the amount proven at trial: 1 Future medical expenses in the amount of$200.000 or the amount proven at trial: 3. Past lost income in an amount not to exceed$15.000; 4 4. Future lost income in the amount of$100.000 or the amount proven at trial: Loss of earning capacity the amount of$1.250.000 or the amount proven at trial: 6. Human halm(non-economic damages)in an amount not to exceed S7.000.000: 7. Costs and ex'eases:and S For such other relief as the court deems just and proper. g - cv DATED:January 25,2017. N- 0 O V nA C3 (6 C O 4- 3 c 0 00 > O U_ O d z 1 U- O F- U a 2 9 3 CITIUNS MOM THE LONGER HE BIGGER 11. N- 0 N 4 411 v N O p 5 00 co i* .• +_ 017 VI, U o €' ak BUTANE HASH OIL LABS http://katu.com/news/local/police-firefighters-find-illegal-marijuana-bho- operation-inoregon-city z U- 0 F- C) a OMENS110401 94 ORGANIZED CRIME Oregon Organized Crime continues to hide in the fields of our rural communities since medical marijuana and recreational marijuana legalization. Table 1.Known Drug Trafficking Organizations. r` Oregon IIIDTA CY 2014 Organization Type DTO Characteristics* Operational Scope N Drug Trafficking 105 Mexican Hispanic 58 Local=42 Money Laundering 4 Caucasian 38 Dismantled=12 N Asian 4 Disrupted=10 African-American 4 Mulri-State=55 ; ulti-Ethnic 3 Dismantled=12 Eurasian 2 Disrupted= O Native American 2 International=12 cp LTnkuossn 3 Dismantled=1 O Disrupted=4 O U *Note:DTO categories may have more than one ethnicity assigned. O C http://media.oregonlive.com/pacific-northwest cts news/other/2016%200regon%20HIDTA%20Threat%20Assessment%20and%20Counterdrug%20Strategy_Fin C al.pdf 0 U • 6,500 plants worth $9 million O seized from illegal Yamhill County pot operation a_ http://www.oregonlive.com/pacific-northwest-news/index.ssf/2016/06/post_235.html cc O <n t1 2 95 CITIZENS OWN Focus-Mark:n u �w+wW.ww.o-P ;Xs a° On June 29,2016 at 11:13 AM, updated June 30.2016 at 10:23 AM fp":1 c.p I anuel Madrigal.(Multnomah County Sheriffs Office)/,ancesca l onrana The Or'egon,an Oregon Ilse A two-month investigation into an illegal marijuana growing operation in rural Yamhill County resulted in an arrest and the seizure of millions of dollars worth of pot early o Tuesday, authorities said. N ti The operation was found in Dayton on wetlands near the Willamette River and was part of o a Mexican drug trafficking organization, the Yamhill County Sheriff's Office said in a news release Wednesday morning. o 0 The Yamhill County Interagency Narcotics Team, along with other local agencies, seized o over 6,500 plants worth more than $9 million. Oregon State Police SWAT was called on to 2 provide protection for the agencies during the seizure. Ads by ZINC .- Authorities arrested Manuel Madrigal, 42, after officers found him camping out in the T gardens in a living area - "complete with a kitchen" - hidden underneath a tarp. Madrigal has a San Antonio, Texas, address and a history of previous drug arrests. He o now faces federal drug trafficking charges and was transferred to U.S. Marshal custody in Portland, authorities said. This site was the first large-scale operation found in the county in several years. Sheriff Tim Svenson said in the release that even though marijuana is legal in certain a quantities in Oregon, authorities must remain diligent as there "is still a profit to be made Q in marijuana by these illegal organizations." 2 L 0 cnF- UMW MONO 0 a �,. 96 -c�strc��jmm HEALTH AND SAFETY REVIEW by Dr. Ken Evans In regards to the Clackamas County Regulation- Marijuana Land Use Law—dated March 1, 2016. I have found that the Clackamas County Commissioners and land use staff arbitrarily or randomly fabricated regulations in complete disregard for current scientific, medical, environmental evidence, current or future Federal and State Law, and reasonable reasoning and application in adopting regulations (This was corroborated in July 6, 2016 meeting with Staff—Mike McCallister, Planning Director). The staff should have denied Marijuana grow and processing application of Lulu Zhang at 13471 and 13487 S. Leland Rd., Oregon City (approved 03/08/2016) This is a continuation of Part I and Part II of approved application evaluation presented to CC Commissioners June 15, 2016. Rain Water Collection: This application should have been denied based on Centers for N Disease Control and Prevention— Rain Water Collection—Water Contamination 1. There was NO mandated regular testing of rain water on approved application. ( 1. ) 0 2. There was NO separation of drinking water from rain water "Rain water should not 0 enter pipes containing safe drinking water." Also, NO indication where "drinking water and bulk water" will come from "to water edible food (agricultural) plants". Water should be of drinking water quality and should NOT be recycled. (1.2.) 3. "Use rainwater ONLY for plants not eaten, keep rainwater out of mouth and nose. cb Avoid using rainwater for drinking, brushing of teeth, rinsing or watering plants that you intend to eat. If municipal tap water is unavailable use purchased or bulk water."( 2,) 0 4. "Rainwater is not pure, and carries substantial risk of disease depending on your location, frequency of rain, seasons, how you collect and store the water. Dust, smoke, and soot from the air can be dissolved in rainwater. Dirt and germs can be washed into collected rain water from the roof, especially when rain water follows several days of dry weather. Rainwater can carry bacteria, parasites, viruses, and chemicals"(2.) (heavy metals from Industrial sites—Precision Castparts? Prevailing winds NW to SE.)" that could make you sick, and it has been linked to disease a outbreaks."(2.) 2 0 0 2 97 arm IRMO Building Construction: The application did not take into account the High Carbon Footprint of Marijuana growing nor the energy consideration of lighting, cooling both air and water (cooling towers), and heating to constant 70 F. • A typical lighting system can use 1000 W. of electricity for 16sq.ft. of production area. Based on Washington's power usage model, 3% of Oregon's electrical power will be used for indoor production of Marijuana.(3.) • The best grow practice building would be a structure that handles 100% humidity, temps of constant 70 to 75 F., fine particulate and salts of fungicides,Na.K,P, pesticides, and substances created by various high intensity grow lights.(3. ) • The building would have heavy non-porous insulation, heavy commercial wiring and plumbing with redundancies. • Ventilation should have included treatment for ALL air including CO2 and Odor. Fire sprinklers are indicated. A thin walled all metal powder coated building is not adequate. • LED lights should have been mandated in order to reduce electric consumption and o Mercury contamination. (3.) 0 • My opinion is that double doors are indicated for pressure and odor control. There are other items but there is not enough space to address them in this paper. Again, $ to this application is not qualified and should have been denied for building. Waste Water Management: cb There is no mention of waste water management in the application and treatment. o During the interview with the staff on July 6, 2016 it was stated "this (waste water management) was never considered during 2015 committee regulations meetings nor was any outside advise or advisor considered" (such as Washington or Colorado people 0 or agencies contacted)(stated by Mike McCallister and verified by Shirley Morgan). My opinion is this was gross negligence on the counties' part and needs to be addressed before any more building continues at any/all grow sites. I would appreciate a copy of >. Emergency Regulation in regards to Waste Water Management on agricultural land. o Keep in mind the CDC requires "potable water for hand hygiene for workers, as well as Q washing crops to be processed with quality water. Water should be drinking water quality and should NOT be recycled". (2.)This application should have been denied. 2 LL 0 co 0 d 2 MMUS INN 98 F ,s'MMI Microbiological Contamination: There was no mention in the CC regulations as well as the application as to how the microbial contamination will be dealt with (4.). This needs to be addressed. • Base testing of the adjacent wells, creeks, and people need to be done. This is the responsibility of the county. You should not rely on the state agencies to do the appropriate testing as they are shamefully lacking in responsible testing of products, air, and water (5.)." Government regulators have long ignored the wellbeing of the community and have failed to keep accountable for air and water pollution." (6.) Observation: o It is my observation that many Oregon voters who initially supported medical and CN recreational Marijuana reforms are learning that the practical application of that reform created far more serious and insidious public health problems. The voter presumption of a highly regulated drug by highly trained professionals in gleaming white regulated 0 0 dispensaries compounded by growers and processors in compliance of environmental T:5 and labor regulations is anything but the truth. The real truth is very ugly and very 0 different as I have found preparing this paper. (7.) 'on Conclusions: This application and C.C. Marijuana Law have no merit. The Clackamas County Marijuana Law needs an immediate emergency rewrite while a moratorium is placed on all current building and applications in process. Clackamas County needs to immediately employ the services of an Industrial Hygienist oexperienced with Marijuana that can coordinate the various agencies and regulations involved in growing, processing, wholesaling, retailing, and remediation of properties as well as future toxic tort litigation. I saw no mention of a general liability policy required by the applicants at these sites. would strongly recommend a 5 million dollar general liability policy with a 5 year tail, U verified on an annual basis by OLCC and Clackamas County and permit dependent on a every grow, wholesale, retail facility. A 20 million general policy on processing facilities. The applicants are LLCs, facilities will probably have a five year life, and ground water contamination will occur +/_ 5 years and the county will be left with the tort litigation, abandoned properties ,and hundreds of angry neighbors. u_ o Dr. Kendall S. Evans July 21, 2016 U d 99 WRENS NOM F ;S ,x° ti References: 1. Centers for Disease Control and Prevention, Rainwater Collection, Last review July 18, 2013. 2. Centers for Disease Control and Prevention, Water Contamination, Last updated March 10, 2010. 3. Environmental Risks and Opportunities In Cannabis Cultivation, Michael O'Hare BOTEC, UC Berkeley, Pages 1-32 4. Microbiological Contaminants of Marijuana, J.M.McPartland.1994, Journal of the International Hemp Association 1:41-44. 5. How potent are marijuana edibles? Lab tests yield surprising results., Noelie Crombie, The Oregonian, Updated June 04, 2015 Pages 1-11. ti 6. Suite Against Precision Castparts Corp., Paul Koberstein, Portland Tribune, July 14, 2016. N 7. Legal Marijuana Grows—Growing a Problem, Caoimhin Connell, Forensic Industrial Hygienist, 2015, Pages 1-12. 0 bA co cb 0 4- 0 bA a> O >- U a. 2 u_ a 2 CM=NW 100 64,4 cur .+.>Nan+ew.ryaA CURRENT AND PROPOSED DISCRETIONARY LAND USE AMENDMENTS AND RULES BASED ON THE CASE STUDIES AND CITIZEN INPUT WE REQUESTED THAT THE BELOW AMENDMENTS AND RULES BE IMPLEMENTED INTO ZDO 841 o TOPIC CLACKAMAS PROPOSED DESCHUTES STATE C COUNTY (:`,1 MEDICAL MARIJUANA Exempted from Require all Requires all OHA REGULATES GROWS IN ALL ZONES land use existing and new existing and new MEDICAL o regulations medical medical MARUUANA GROWS marijuana grows marijuana grows 0 to comply to comply OLCC REGULATES 0 w/standards w/standards COMMERCIAL o within 6 mo. within 6 mo. MARIJUANA uo #OF COMMERCIAL Allows unlimited Umit to 1 5-10acres 2500 OLCC allows PRODUCTION licenses per site commercial sq.ft.10 acres or multiple grow areas LICENSES PER SITE production greater 5000 sq. at a licensed cb license per site or ft. Medical premises P31 limit canopy size marijuana ADVERTISING NA Require Advertising orestrictions on the restrictions yes P69 type size and number of building and area signs that can be used on a Retail } property. U J O a _ 3%LOCAL Nov.2016 If a local sales tax JURISDICTION SALES passes by the TAX voters money cc collected should u be required to be used by code and law enforcement a _ a. TREE REMOVAL Impose a tree ordinance that 101 _ 110101 , A,Ls.4'.YI`.twil ORDINANCE POLICY limits the number of trees that can be removed at a grow site ON SITE LIVING Develop in the land use application information that growers may not bring in travel trailers to live in at grow sites REQUIRE OLCC Require OLCC LICENSE PRIOR TO license prior to ISSUING ANY LAND USE issuing any land BUILDING PERMITS use building permits 0 MARUUANA PUBLIC Provide a public COMPLAINT GUIDE information guide N to the general r- public on how and to who you 0 report marijuana violations NEIGHBOR Require a 1500' Providing o NOTIFICATION neighbor neighbor 50 notification of notification as LE all approved they do for all OLCC land use land use changes cb licenses issued Have received 7 appeals 8-216 0 1000'SETBACK ON Require a 1000' ALL PRODUCTION setback on all o production sites o from schools, daycares, preschools or any other professional academic school or parochial o schools,public a parks or areas where children locate cc SITE VISITS Require a site 2 evaluation property visit prior to issuing Q compatibility a_ reports to access — OMEN MO 102 impacts and traffic issues REVISED ASSESSED Require that the PROPERTY EVALUATION County Assessor's office re-assess marijuana production site locations CONDITIONAL USE Require conditional use permits in all areas where the population is under 10,000 LIMIT MAX#OF Limit max number MARIJUANA of marijuana o PRODUCTION SITES production sites N PER AREA AND PER per area and per COUNTY county o FIRE SAFETY Provide fire safety requirements for all marijuana 0 production sites tv) RRFF 5 FF10 Redefine • REDEFINE MAJORITY "Majority of abutting property • OF ABUTTING to "ALL" rb PROPERTY TO ALL • BENCH MARK YEARLY Require that the 73 WATER TESTING applicant provide o a benchmark water test annually to assure waste water,compost draining,and other pesticides are not leaching into our well n. water systems RECOMMENDED DISCRETIONARY STANDARDS AND RULES REQUEST 1. All medical marijuana grows come into compliance in 6 months. 2 2. Limit 1 commercial production license per site 3. Require restrictions on the type size and number of building and area signs that can be used on a Retail property. 4. Local 3%tax if passed should be directed to code and law enforcement. a 5. Impose a tree ordinance that limits the number of trees that can be removed at a grow site. CITIZENS ONO 6. Develop in the land use application information that growers may not bring in travel trailers to live in at grow sites 7. Require OLCC license prior to issuing any land use building permits 8. Provide a public information guide to the general public on how and to who you report marijuana violations 9. Require a 1500' neighbor notification of all approved OLCC land use licenses issued 10. Require a 1000'setback on all production sites from schools,daycares, preschools or any other professional academic school or parochial schools, public parks or areas where children locate 11. Require a site evaluation property visit prior to issuing compatibility reports to access impacts and traffic issue 12. Require that the County Assessor's office re-assess marijuana production site locations 13. Require conditional use permits in all areas where the population is under 10,000 14. Limit max number of marijuana production sites per area and per county 15. Provide fire safety requirements for all marijuana production sites 16. RRFF5 FF10 Redefine the"majority"of abutting property to"All" abutting properties 17. Require that the applicant provides a benchmark annual water test annually to assure waste water, compost draining and other pesticides are not leaching into our well water systems. RETAIL SIGNAGE REGULATIONS 67250 E. Hwy 26,Welches Below photo was taken on Friday,July 1st, 2016 N 0 -p o � o 4 IOW* iP6 LE co t 5 y t 0 �. € + I&, RIGHT U to co0 Below photo was taken on Sunday July 3rd, 2016 u_ 0 cn CRIME MINN 104 CURRENT AND PROPOSED DISCRETIONARY AMENDMENTS AND RULES PROPOSED EFU,AGF,TBR ZONE CURRENT PROPOSED DESCHUTES STATE REGULATIONS EFU,AGF Production Primary use 5-10acres 2500 5-10acres 2500 sq. sq. 10 acres or 10 acres or greater 5000 sq. greater 5000 sq. ft. ft. Medical marijuana o Processing Primary use N Wholesaling N Retail Min.acre for medical 2 acre 5 acres and up EFU, MUA-10 5 O marijuana acres SETBACKS 0 Setback INDOOR 10'2 acre 100' 100' Local Jurisdiction minimum 300'from 300'from dwelling dwelling o Setback OUTDOOR 100'5 acre 100' Local Jurisdiction minimum 300'from o dwelling ao CANOPY SIZE 5,000-10,000 No outdoor grows In all zones 5,000-10,000 SQ.FT SQ.FT INDOOR marijuana INDOOR 20,000- production is 40,000 SQ.FT 20,000-40,000 OUTDOOR prohibited OUTDOOR Defines outdoors. outdoor production J 841-1 EFU ZONE as open,or in a greenhouse,hoop Q 841-2 defines 5-10 acres 2500 house or non-rigid outdoor as open,or sq ft structure in a greenhouse, hoop house or non- 10-20 acres- rigid structure 5000 sq. may be u_ increased to 0 *13471 Leland Rd 10,000 sg.ft is proposing greenhouses 20-40 acres 2 10,000 sg.ft Aos SNS 40-60 acres 20,000 sq.ft. 60 acres 40,000 sq. SCREENING FENCING NA Fencing in muted Fencing in muted Erect solid wall or earth tone not earth tone not fence 8'fence out constructed constructed of public view w/temporary w/temporary outdoor production materials materials P28 Razor wire Razor wire obscured from obscured from view or colored view or colored earth tone earth tone Tree cover Tree or shrub screening cover screening N- ,--1 NOISE LEVEL 5OdB 3OdB 30 dB o cy ROAD ACCESS& Frontage road 5000 sq. N SHARED EASEMENT access or with Frontage rd. ti shared easement Shared access — road access 100% written approval -0 written approval from all owners o from all other o neighbors 0 HOUSE ON PROPERTY Not required c RESIDENCY NA NA NA REQUIRMENT IN STATE ob E RESIDENCY Owner or Licensee, Owner or person MUA-1O NA 0 REQUIREMENT ON or OHA grower registered with 6 PROPERTY OHA Owner or person o registered with o OHA a> 0 ODOR REQUIREMENTS Carbon filters Require filters NA changed annually changed very 3 mo. SECURITY Cams may not point Cams at all REQUIREMENTS at neighboring ingress/egress o homes a Q WATER A water right permit REQUIREMENTS supplied from a public or private a water or proof from u_ Oregon Water o Resources Dept. WASTE Require waste DEQ 100 tons of a. water compost on property — CMS MON 106 FaCUS:Myluo a REQUIREMENTS requirements P68 Prevent public access obscure from public view P28 BACKGROUND CHECKS NA Require NA Background check background of licensee only check of all employees P10 SIGNAGE No Minors No on-site consumption Do not enter Access limited to onsite personnel ti 0 P20 N LOCAL ORDINANCES Civil penalty, suspend,cancel for failure to comply w/local ordinance - P22 HEALTH&SAFETY Septic Plumbing Portable water and Heated restrooms porta potties meet o Running water OLCC standards C cb ANNUAL REPORTING NA Submit annual Submit annual YES report of report of compliance in all compliance in all 0 categories categories o w/consent to w/consent to inspect premises inspect premises PROHIBITED ON SAME Guest Lodge Guest Lodge NA PROPERTY AS MARIJUANA GROW Guest Ranch Guest Ranch Dude Ranch Dude Ranch U Destination Destination a Resort Public Resort Parks Public Parks Private Parks c Private Parks 7 Bed&Breakfast o Bed&Breakfast Room and Board Room and Board RECOMMENDED DISCRETIONARY STANDARDS AND RULES REQUEST 107 CITIZENS PON F�-YXabb=a vli' ocus MarivorG ...aru+wrsMe,.o 1. Setback 100'TO 300'from dwelling 2. No outdoor grows 3. 30db 4. Require septic, heated restrooms, plumbing,and running water 5. Owner or person registered with OHA live on property 6. Require employee criminal background checks of the licensee 7. Submit annual renewal compliance report which requires consent to inspect premises for land use decision, permits,fie, health,safety,waste water,waste disposal, building codes,and State of Oregon licensing requirements. Failure to comply will be reported to OLCC who may then put on probation, cancel or remove license. 8. No allowance of guest lodge,guest ranch,dude ranch,destination resort, public parks, private parks, bed &breakfasts CURRENT AND PROPOSED DISCRETIONARY AMENDMENTS AND RULES PROPOSED RRFF5 AND FF10 ti 0 RRFF 5 FF10 CURRENT PROPOSED DESCHUTES STATE REGULATIONS ti Production Primary use — 0 Min.acre 5 ACRE 10 ACRE a 0 Min acre 2 acre if majority of Change the abutting properties language to read are 2 acres "all"not majority �o of properties must be2acresorup Min acre Remove 2 acre cis minimum allowed Setback INDOOR 50' v ONLY CANOPY SIZE 5,000 SQ.FT 2500 Sq.R. In all zones 5,000-10,000 SQ.FT 0 INDOOR ONLY marijuana INDOOR 20,000- No Greenhouses production is 40,000 SQ.FT prohibited OUTDOOR Defines outdoors which outdoor production includes no as open,or in a greenhouse, greenhouse,hoop hoop house house or non-rigid a structure EFU ZONE 5-10 acres 2500 cc sq.ft. 2 u_ 10-20 acres- cn cn 5000 sq.may be increased to 10,000 sg.ft 2 CITIZENS MOW 108 ;,cvs-rro7,ll 20-40 acres 10,000 sg.ft 40-60 acres 20,000 sq.ft. 60 acres 40,000 sq. NOISE LEVEL 50dB 3OdB 30 dB ROAD ACCESS& Frontage road 5000 sq. SHARED EASEMENT access or with Frontage rd. shared easement Shared access road access 100% written approval written approval from all owners from all other neighbors o HOUSE ON PROPERTY Required N N RESIDENCY Yes NA NA REQUIRMENT IN STATE RESIDING Owner or Licensee, Owner or person MUA-1O NA o REQUIREMENT ON or OHA grower registered with PROPERTY OHA Owner or person o registered with uo OHA c ODOR REQUIREMENTS Carbon filters Require filters NA changed annually changed very 3 .2 mo. E SECURITY Cams may not point Cams at all 0 REQUIREMENTS at neighboring ingress/egress o homes to o WATER A water right permit REQUIREMENTS supplied from a public or private water or proof from Oregon Water o Resources Dept. J o a WASTE Require waste DEQ 100 tons of z REQUIREMENTS water compost on property a management P68 Prevent public access obscure from cc a public view P28 2 o BACKGROUND NA Require NA Background check 0 CHECKS background check of licensee only a of all employees P1O 2 109 CITIZENS NINIII F.)0,5 Marl tv a SIGNAGE No Minors No on-site consumption Do not enter Access limited to onsite personnel P20 LOCAL ORDINANCES Civil penalty, suspend,cancel for failure to comply w/local ordinance P22 HEALTH&SAFETY Septic Plumbing Portable water and Heated restrooms porta potties meet ti Running water OLCC standards N N ANNUAL REPORTING NA Submit annual Submit annual YES report of report of o compliance in all compliance in all categories categories o w/consent to w/consent to 0 inspect premises inspect premises o txo PROHIBITED ON SAME Guest Lodge Guest Lodge NA PROPERTY AS Guest Ranch Guest Ranchco MARUUANA GROW Dude Ranch Dude Ranch Destination Resort Destination cb Public Parks Resort Public o Private Parks Bed Parks Private d &Breakfast Room Parks Bed& and Board Breakfast Room o and Board 0 RECOMMENDED DISCRETIONARY STANDARDS AND RULES REQUEST 1. 10 acre minimum 2. Remove 2 acre minimum word Majority for ALL abutting properties must be 2 acres. 3. Remove 2 acres not allowed a 4. 30db a 5. Reduce production to 2500 sq.ft. 6. No greenhouses allowed, must be a completely enclosed building Q 7. Residing require owner or OHA grower to live at site 2 8. Odor filters to be changed every 3 months rather than every year 9. Require septic, heated restrooms, plumbing,and running water 10. Owner or person registered with OHA live on property 11. Require employee criminal background checks of the licensee a 2 IxtlifIi w�aeee.mi- 12. Submit annual renewal compliance report which requires consent to inspect premises for land use decision, permits,fie, health,safety,waste water,waste disposal, building codes,and State of Oregon licensing requirements. Failure to comply will be reported to OLCC who may then put on probation, cancel or remove license. 13. No allowance of guest lodge,guest ranch,dude ranch,destination resort, public parks, private parks, bed & breakfasts REDEFINE "MAJORITY" OF ABUTTING PROPERTIES TO ALL Redefine "majority" of abutting properties must be 2 acres or up to "all neighboring properties" must be 2 acres and up, removing the un-mitigatable risk to properties under 2 acres who are not in the majority. Example RRFF5 zone below in which a marijuana land use application has been applied for owners that are not in the majority and under 2 acres in size. 841.03 MARIJUANA PRODUCTION AND MARIJUANA PROCESSING ti Marijuana production and marijuana processing shall be subject to the following standards and criteria: N r- A. Minimum Lot Size. A minimum lot size standard shall apply as follows: 1. In the FF-10 and RRFF-5 Districts,the subject property shall be a minimum of five acres,except that if the majority of abutting properties are equal to or greater than two acres,the subject property shall be a minimum of two acres. Abutting properties include properties that are contiguous to the subject property,as well assroperties directly across any access drive,or private, LE public,or county road,provided the functional classification of the road is below thaf o a collector. co 0 29450 SE Lariat lane, Boring-2 under 2 acre property owners impacted by this policy U (J s V** +. .3: Arm 'v �»,t arSA4.41, a:. , S UM.i a ei..a.*,if the thrW e*re-Nene d:. farm 74i1G SC Uue wx.9cv4.OIi MO.' ° ' "'CiK0fra"VW. .. ... erten srb deurber.e0 a!name nit a,.,.N:w+,i pNaveUM+*hi wt.*.arateserhe O xra »kr Nu'r�,d.,wa...�r rn.aa 7.pn �... ' $ The .. Indoor MI hodtriM Nano . a pj 215:f�• �.. wm 4 ' '; SY 4211as ' U . � ` i !1 ••• - w 2.504 Seer R.6111441014.1 —4 $24at O •' d zk , ;415 5 26 22 (niK) WrMglr[w2 //^ d IMIS F;xusNI ailrtiatrs �aMeb�.h.>p HEMP Please note that Oregon's Department of Agriculture issues Hemp Licenses and to date license requests have tripled and there have been over 220 Hemp production Licenses issued as of 7-25-17 in the State of Oregon with no regulations, allowing it to be grown in any zone 10' off neighboringproperty lines, even though HEMP mimics the same type of attributes as marijuana creating a number of public safety, quality of life, and property value issues for neighbors. You do not have to have a background check and can be from out-of-state, and obtain concealed hand gun permits. We are seeing licenses being issued to people from Florida, Washington, California, Texas, Idaho, Arizona, Ohio, Georgia, Illinois, Tennessee, North Carolina, Massachusetts, and Pennsylvania, which includes licenses for seed dealers such as (Costco, Bi Mart, Marshalls, Thrifty Payless, Wal Mart, Lowes, Albertsons, K Mart, Kroger, Cutters High School Pharmacy, Gerens Feed Boring)and, hemp growers,wholesale seed dealers, and hemp handlers. The Department of Agriculture does not have the authority to regulate HEMP therefore it is left up to the County and City jurisdictions. Currently only Douglas County that we are aware of have taken steps to regulate HEMP o production and is treating it with the same regulations that they use with medical marijuana in EFU use with standards and an annual review, and all other zones under a conditional use permit. C ti http://oda.state.or.us/dbs/licenses/search.lasso?&division=cid 0 . OVEN ION CMEN a 19COUNTIES GtACKAMAS COUNTY OPTED TO LAND USE III wax two NUT 5 5-1S 5 WOO M N 7KfptlrYl maroon MARL NJ1WA LICENSES PER COUNTYWA 1EMP ucrs5ES U a.,AurN 19nwret1<ssi mar t:YY6nmr 17 Mk0 711, ti.0 3 ,f. ,w�N CpATY TM T�hIMROELLFE •41TE iMMI PID$UE $% y 4L 11,E l,oe,e 15 7X .Mwe i W .1w Jwa.07 12 7X yy .rww, ! . 1.. Wa1AYe2bn% 1 tM"—.L. tYs~•1„Mw .. 14 -erM. TOS% I `.wr u4,r+` . .�sYamRr 731E 06u41an1y183X cb un 7 3% Ii1CWaLwfwOwf�Nopy J+.wt�. 5 w.yr"a,w z ■„a'�wie1f ap =YNtineiapr1, 3 "' Umatilla 1 150 363 109 — JaMaro 2 fUO C,Ook 2 /I?..r.. 15 CoosCowl 2 ami 1.;`* COOS wawws. pny 1 O Jadoon1 , NW.. Wab.at 1 t` 28 w.... :,n . ceau4v 1 f ler O 0- 2 2 O O o_ 2 CIS NION • Mol 0...rcaa Plain leubcn Ca, 010.1.0 TAM MEP Rs.H.4,OR 5741 I E Y 501 AOOY LN LLC 0.000.00 CR'07071 A y 501 i01111.5 01,00650.CR Ati9E COD LOVE WM Creek.CR 4t4ST S ELYOOY NAIlIMLS UC 00y1l GUM.CR 4N5' f.AAYLIEA,SIEUX U Alyrde C0€0R C01007745,1 HEMPOIIOiCMV Wife C+eek,CO 47457 A y HEMPOILA FARE OIIJ.M OA 00452 E 0 PROEM mama t 0411 OA 97,505 POPEVES CiRLP101E110 LLC OYNM,an P746? R OMIPOVA VALLEY NAZELIRITS LLC RwS0€9 OR 0147, 0 010240DS NATURAL OOTAMCJLS 4s,u,VMny 0R 42416 0 E DIRE MOUNTAIN ENTERPRISES INC Collo VANE OR 000,0 0 PRODUCING AND PROCESSING JG`p �� INDUSTRIAL HEMP AND AGRICULTURAL HEMP SEED IN UNINCORPORATED DOUGLAS COUNTY v9F °a'R�- o grsP N The Oregon Department of Agriculture(ODA)issues three types of permits to grow and process industrial hemp and agricultural hemp seed in Oregon:industrial hemp grower,industrial hemp handler, and agricultural hemp seed permits. However, the ODA process is not coordinated o with local government and Oregon land use laws do not specifically address industrial hemp. This handout documents Douglas County review processes and standards for land use activities O involving industrial hemp. 0 U Production of industrial hemp and agricultural hemp seed authorized under an industrial hemp grower license or an agricultural hemp seed license issued by the ODA is a use similar oo to a Medical Marijuana Grow Site(MMGS).Under the Douglas County LUDO,industrial hemp and agricultural seed production may be authorized in the same land use zones as an MMGS. Review processes and standards are the same. C° Industrial hemp production is a use subject to standards in exclusive farm use zones(FG, FC). Applicable standards include proof of an ODA license,annual compliance review and other site development standards.The use is subject to ministerial review to assure standards are met. U oWhere an MMGS requires a conditional use permit (CUP), a CUP is also required for growing tto hemp. Table 1 on the reverse side of this handout includes a complete list of zones where industrial hemp/agricultural hemp seed can be grown.Where a CUP is required,the following applies: >- 0 0 d Z Q U- O H 0 a_ 2 MIN NON r;DCU3M�s;Q1X7 • Any production site established after June 30,2017 requires a CUP. • Production sites with ODA licenses prior to June 30, 2017, with permitted physical/structural development, is a non-conforming use. Any expansion of these sites requires a CUP. • Pre-existing production sites with unpermitted physical/structural development require a CUP, • New physical/structural development at a pre-existing production site requires a CUP. Processing of industrial hemp and agricultural hemp seed authorized under an industrial hemp handler license issued by the ODA is a commercial activity in conjunction with a farm use in any applicable zone, or an industrial use in any appropriate industrial zone. A commercial activity in conjunction with farm use requires a conditional use permit.Table 2 on the reverse side of this handout includes a complete list of the zones where industrial hemp/agricultural hemp seed can be processed. Contact the Douglas County Planning Department at 541-440-4289 to initiate a use with standards or conditional use review. In either case, a pre-application conference will be required prior to submission or review of any application. Additional information about applications,process or applicable fees is available at the Douglas County Planning Department, oN Room 106 Justice Building,Roseburg,Oregon 97470,541-440-4289. N N- TABLE 1.PRODUCTION(GROWING)Of INDUSTRIAL HEMP&AGRICULTURAL HEMP SEED-APPLICABLE ZONES ?ONE CCRSS:F(CA HON. REVIEW PROCESS '6 tB Exclusive Farm Use—Grating(FG) Use with Standards >_ ._ __._................_......_.._� —._.—._.__.._.__..____ _O Exclusive farm Use-Goland(FC) Use with Standards Timberland Resource(TR) Conditional Use Permit 0 ._....:....._..._.....__.._..—..__________........_ —.—.__.__ C Farm Forex(FF) Conditional Use Permit O Agriculture and Woodlot(ARI Conditional Use Permit qA Rural Residential-5(5R) Conditional Use Permit 5 Rural Residential-Z(RR) Conditional Use Permit N CES Rural Residential-1(111) Conditional Use Permit General Ce onerc al(C-3) Conditional Use Permit Rural Community Commercial(CRC) Conditional Use Permit 9-- TABLE 2.PROCESSING OR INDUSTRIAL HEMP&AGRICULTURAL HEMP SEED-APPLICABLE ZONES U ZONE CLASSIFICATION• REVIEW PROCESS O Exclusive farm U.se-Gracing(FG) Conditional Use Permit" 0.0 I Exclusive Farm Use-Cropland(EC) i Conditional Use Permit" W� O Earns Forest(FE) Conditional Use Permit" Medium Industrial(M-2) i Permitted Use Heavy Industrial(M-3) Permitted Use Rural Community Industrial(MRC) 1 Permitted Use,Small Scale Low Impact Rural Industrial(ME) f Permitted Use,Small Scale Low Impact •Zones not listed in Tables 3&2 are rwt eligible for induxrial hemp production or processing. J O ••Permitted as a Commercial Activity in Conjunction with farm Use. 0- Q What's the Difference Between 7 Hemp and Marijuana? http://www.alternet.org/drugs/whats-difference-between-hemp-and-marijuana ° ria ,111401111101.60 114 UtiMOm i«SS OREGON HERE IS WHAT A HEMP FIELD LOOKS LIKE IN OREGON BEING GROWN WITHOUT ANY REGULATIONS AS THE DEPT. OF AGRICULTURE DOES NOT HAVE AUTHORITY TO REGULATE HEMP, ONLY LOCAL JURISDICTIONS. THIS IS RIGHT ON HIGHWAYS EDGE ACROSS FROM A SCHOOL IN CLACKAMAS COUNTY, BORING, OREGON. This location was a beautiful 27.25 acre raspberry field, now planted border to border with hemp plants. Located on at 36695 SE Proctor Rd, Boring, Oregon Tax lot 5200 27.25 acres N O 1110511116. O xdm sT Aa...rta.&•w: O e C O '50 This is also located in a RRFF5 zone which is a rural residential farm forest zone. Bear Creek Farm LLC shows as the tax paying owner of this property located at 37703 SE Bear Creek Lane, Boring, Oregon 97009 Doris Johnson and Jerry Stratton 0 Vt REF]:TARafi tTC O P m +wnF,: l'sbiM.yated\Ii4T3CS -.ae r TYP 8 "'_ Yi.G(ACfP 14eV35 �"�- t " Add.i 'l.C#1"HPAA\YS Ll4'. WW AAM $1,,,t CREER r pR IV.* 1 ,',ITFDsTAT....E.CA TTP. T "ct57E&TDA6T�7 4]4.W. •• ".. 11111441 rorty PoreR 4o., AANf �.SE MEM EFK Lr 4••• >- Ada, • („� [� .'G e' :e+• ';rTTEDSTATE5 t)i A\hAt('A t _ +w. tear.emus Pafe40., &d(ti r,�I,t SE EAR CREMLv •. Q Ado] f.]t ....._e� z .. OR WOO 1 MNITFU sTAIf IIFa &I,,, -ter ,v +e aTELM 3' TVP. <.R IANAGc9 .•. -- ffa .Ir.. .\... I-. PRATIM I Add[ t}6dl SR&&aRLFEkK. `6 CC , la* 46-04 r!_""NrEDsrA,s*,w,,,,s a!!W 3'�':./ LL U 410 WEIN MS 'FactnMargtvru 1 -1 1. !ill C 41 `� '� ' CARS 050 uI-KONG ACCESS TO HEMP FIELD i f,t i Ye S; THIS noao WITH EASY = ZI I: T* SCIWOt.PLAY YARp J1I : 41 .----'5--'-'�p ".-,. : %C•ttrelt EI maitary School a .' �+. ". . 'Ji 1 , ' ° ar�S",;�`i .�;.�' -- I e '' ,./,'...*-,.,•,. .--,-,' RS .s h • NOTICE THIS FIELD C04TAIM; r--- INDUSTRIAL INDUSTRIAL NEM? •--I NOL NICARACIQNAL O NOTICE'; CONTAINS p,NLX C. N YOU WILL SU N '....` 2fNOEffEC TS \ !"I "Nr,.: If SMOKED r • O IP r O f O U I O ti0 co crz O o U . c 0 1:10 Anew+ 4111' O # 0 >- (..)U 1,- o O d a z a cc a 2 LL 0 Ln }- 0 a d 2 CITIZENS MII/t44 116 n.P 4 �`� fir ,t • (Alt rocMEM wsAteKt u«xmo n.s onrs orrrmorwr , 1 .4,M.seer%Pr.,REMOVED ...n. At{YET .nrt 1.r ' wri...rn.r oa.e .roe There are over 230 Hemp Licenses that have been issued in Oregon. The Department of Agriculture indicates that requests for Hemp Licenses have tripled over the last year. The requirements for a Hemp field is that the THC content must be .03% and the fields are tested by the Department of Ag 3 weeks before the harvest and they take a test of 30 plants. N ti PLEASE NOTE: 10-25-11 At another location in Molalla, local neighbors put in a public request from the Department of Agriculture to provide what the outcome of the THC content test was. The report came back noting that the THC content was U not .03%, but rather was 0.67%. You may contact the Department of Agriculture and cb put in a public information request at: 0 Randy Black 503-986-4620 o rblack@oda.state.or.us SUPERVISOR OF THE PROGRAM Ron Pence Operations Manager Commodity Inspection rpence@oda.state.or.us Q Phone: 503-986-4557 gran MON F-K.us^Aar,'„ars Citizens for Public Safety,Quality of Life,& Property Values Beavercreek,OR 97004 r- ' President Donald J.Trump-White House o Attorney General of the United States Jeff Sessions Department of Justice Room 4400 -- Jeff Sessions,US Attorney General Dept.of Justice o 950 Pennsylvania Ave.,NW Washington, DC 20530-0001 Governor Chris Christie-Commission on Addiction C 0 U c 0 bA 0 0 Dear President Trump,Mr.Attorney General Sessions and Governor Christie: My name is John SeLegue and I live at Beavercreek, OR. I purchased 22 acres of Timber zoned acreage in 1998 and built what I believed would be my last home. I built my house as an owner builder and spent thousands of hours on its construction. When I built my house I was required to obtain a Forrest Dwelling o Approval as a part of the restrictions for building in a Timber zoned area. In that approval process all neighbors were notified of my intention to build a residence and make any objections to Clackamas County. n If my home had exceeded 5,000 square feet in area I would have been required to install fire sprinklers and E put 10,000 gallons of water in storage for fire suppression. That water would be available to Clackamas 2 County Fire District#1 for their use wherever they needed. I cannot build a commercial structure nor have o a sign at my property exceeding 2x3 feet in size. I cannot conduct a business other than timber related at v a cmZlKs MOO„„. 118 my home. If I had a construction business, storage of my equipment is not a permitted land use. In 2014 the citizens of Oregon passed Measure. 91. The measure that legalized marijuana in our state. The measure was advertised and passed as a method of regulating and decriminalizing the production and use of marijuana for the state. Washington State passed a similar legalization about the same time, but their law is vastly different in administration. Before any production was allowed the state of Washington established a limited number of licenses for production and distribution. Those who applied for license were entered into a lottery and the result was the state could control the growth and location of the production. In Oregon the licensing was left to the Alcoholic Beverage Commission-Oregon Liquor Control Commission (ABC) (OLCC) and the land use administration was assigned to the various counties to verify land use compatibility zones. In Clackamas County 80% of the population live in the urban areas which cover about 20% of the geographic area. In the rural areas Measure 91 failed to obtain a majority, but was passed by the urban voters by a 51 to 49% margin countywide. Clackamas County has not only allowed commercial marijuana to be grown in the industrial zones and sold in the commercial zones it has also 0 opened the door for it to be grown in all agricultural zones, burdening the very voters who voted against N the measure. The marijuana lobby, through an infusion of cash and deception, managed to elect Jim Bernard as chairman -o of the Board of Commissioners. He was already a board member and appointed his successor to the board • and the marijuana lobby now controls both those seats. The County has had a number of meetings where o the rural residents voiced their concerns and complaints. The response from the Board was to constantly v expand the production and refinement of marijuana in the rural areas of the County. Across the street from vome, in what was formally an equestrian center, there is now a 30,000 square foot marijuana production 2facility. The current owners obtained a permit for a commercial building and turned a horse barn and arena into an indoor grow site. o O UA 2 0 • By dividing the space into three areas they avoided the need for any additional fire protection. • There are no fire sprinklers or water storage that a 5,000 square foot residence would require. } When I built my home I was required to obtain an entrance permit. In that permit I had to demonstrate appropriate sight lines, not impede the road drainage, and pave an apron on the road shoulder 20' wide E extending 10' into my property. Despite all the truck traffic required to construct and maintain the grow operation the County has declared their driveway an"agricultural entrance"requiring no improvement. The gravel entrance has blocked the swale on the side of the road. The gravel has spilled on the paved portion of a the road eroding the surface, the result is the water that once flowed through the swale now penetrates and • flows across the road to my property causing damage and threatening me with possible flooding in heavy o rain. The Board has now approved marijuana concentrate processing in EFU exclusive farm use and Ag. vForest agricultural zones. The owners have installed two propane tanks with over 1000 gal. storage capacity ai. to supply their hash oil operation. Still no fire protection required in agricultural buildings. 2 119 ORMNW 1,0160•11.11,0.4, ........OcAct _ Focv,MarryuQ u The Oregon Liquor License Commission in Clackamas County has approved over 314 licenses for marijuana production. Those licenses alone provide more marijuana than can be utilized in the state of Oregon and guarantee the export of a federally prohibited drug. Even under enforcement outlined in the Cole memo this situation requires federal law enforcement protection. When addressing the pro marijuana lobby during the election campaign, Chair Bernard himself declared he was looking forward to "marijuana tourism" in Oregon. At the end of the event they took cash contributions to support his candidacy. Individuals purchasing marijuana and taking it to their homes out of state are participating in a criminal enterprise. The Clackamas County Board of Commissioners are permitting and encouraging that enterprise. Please intervene on behalf of the citizens who have been disenfranchised and penalized by the lawless acts of our local government. There is precedent for your intervention. During Prohibition the ATF came into being because of the racketeering activities of organized crime. The criminals were trying to hide behind the protection of local law enforcement and using the profits of their illegal enterprise to create a vast network that is still operating today. The drug cartels have already begun operating in Colorado and are certainly involved in the activities in Oregon. Our elected representatives have failed to protect us and exposed us to ever increasing risks for their own gain. N- I I have addressed the current lack of safety and oversight by the County. There is another longer term o concern. As we survey the legacy of the marijuana industry we see the waste and litter left behind by their historical illegal grow operations on our public lands. Their wanton disregard for the environment and ti safety of others was not a result of necessity, but rather a desire for maximum profit. These same profiteers have now pulled a cloak of legitimacy over their operations;The County has not provided any inspection or supervision for the use of fertilizers and pesticides. There is no requirement for the disposal of the waste o generated in the production and refinement of a dangerous drug. The potential for long term pollution of c waterways and soil is immense. When the profit is made and the site abandoned, the citizens of the state a and the country will be paying for the cleanup. How many super fund sites will be created by the lack of oversight? Part of Chairman Bernard's campaign rhetoric was that he would remove onerous regulations co from the marijuana industry. I suppose he deserves credit for keeping his campaign promise. cb I have provided you a very personal view of a national problem. The individual states claim their right to legalize a dangerous and addictive drug. The carnage created by that legalization is becoming a very serious v national problem. The drug diversion programs, the cost for lost productivity, the accidents on the tan federally funded highway system all demand Federal intervention. The recklessness of local government as o they seek a new revenue stream is astonishing. In the Oregon legislature a bill was passed to increase the minimum age to purchase and use tobacco to 21 years. This was done to promote health and safety among our youth. Meanwhile our local government seeks ways to legally expand addiction to a dangerous drug. The marijuana producers have always been outside the law. Why should we expect them to conform to v legitimate business practices when it costs them so much? Lawlessness and crime are part of the industry. o Violence and injury to bystanders are certain to follow in their wake. I spent 20 years building and developing what was to be my retirement home. Without your intervention I n will likely have to abandon that work for the protection of my family and my personal wellbeing. 2 Sincerely, o John Selegue Q d r�p�M�..>yb.�e.C"�.-1r foCuS- July 13, 2017 President Donald J.Trump Attorney General of the United States Jeff Sessions Department of Justice Room 4400 General Dept.of Justice 950 Pennsylvania Ave.,NW Washington,DC 20530-0001 Governor Christie-Commission on Addiction Dear President Trump, Mr. Attorney General Sessions and Governor Christie, My name is Sherri Markham. My husband and I have lived in rural Boring Oregon since November 1989, almost 27 years. We moved from Gresham to live and have our horses with us. Up until January 2016 we lived next to a tree nursery located in an EFU zone exclusive farm use which is farmed under Oregon's "Right to Farm" Act. When pot became legal to grow in Oregon, a large commercial marijuana grow operation began without our knowledge. The pot farm has destroyed our No livability. The access road to the pot farm runs up the south side of our property and across the back. o • Daily approximately 50-60 cars fly up and down the gravel access road which has 5 MPH speed osigns posted which means 30-55 MPH to pot growers. 75 v • That does not include cars and trucks throughout the night or semis and other commercial vehicles, 0 24 hours a day, 7 days a week, 365 days a year. kat) What was once was a tree nursery has turned into a non-stop source of noise, weird smells, and pink lights N visible from our backyard, dumping their spent soil along our fence line and traffic. We can no longer use `6 half of our almost 7 acres and can only safely put two of our horses on 1-1/2 acres behind the barn since pot c growers take great joy in scaring the horses. Until the commercial marijuana grow operation came to be, you could hear a pin drop at night, it was so quiet. T o Brad Troutner, the owner of the pot grow has 30 metal buildings on site with an application for an tadditional 24 buildings that he is leasing out to pot growers, turning this once quiet farming community into o an industrialized marijuana grow operation. http://growunits.com/index.html J o■, >- -. x—I. - U T ■ " t dO ,—,,—wag � ,Grow,c Q a ;.' w o- n-xrA9,, n,,; Ont0se1ZD1%1I51-4011 •02 Z .1 < industrial marijuana grow barns proposed u_ o After 14 months of no sleep or peace I had had enough and had installed an UNWANTED POT v GROWS.COM sign that was put in our front field on May 7, 2017. Q a_ 2 0 CITIZENS MI Focru-Mariuorq • Within an hour someone sent a picture to Brad Troutner who came onto our property to confront us on what we had done. There was a lengthy discussion which included him saying he was unaware of problems (my husband had spoken as recently as April 11, 2017 to his brother). Brad Troutner informed us that we might be putting ourselves in harm's way having the sign point to his access road. He didn't believe the problems we were and still are experiencing. I pointed out that I had recently been keeping a log with dates, time, and descriptions of the cars, trucks and even semi's. Pot grower's park along the fence line at night and have gab fests and arguments and play loud music in addition to the speeding. There are "NO PARKING" signs that Brad Troutner had to put up per Clackamas Country codes that are ignored. My ti husband and I were told that growing marijuana is no different than growing lavender or tomato plants. o I find it interesting that in all the years we have lived here that the property when it was a tree nursery did not create an inconvenience during their planting, growing and harvesting unlike the pot growers who go 24/7, 365 days a year. We own our property, we pay our taxes but we don't have any RIGHTS. I really _o want someone to explain why we have no rights. According to Clackamas County and the OLCC they have g 0 all the rights with no restrictions. I want someone to explain why there is nothing short of moving we can v do. I can only imagine what this has done to our property value. Brad Troutner and the other Pot Growers o do not live on site, they do what they want, when they want and leave. We ask that you please enforce our federal marijuana laws. Thank you for your time. Sherri M. Markham c Boring,OR 97009 0 U too July 17, 2017 0 President Donald J. Trump Attorney General of the United States Jeff Sessions Department of Justice Room 4400 General Dept. of Justice 0 950 Pennsylvania Ave., NW Washington, DC 20530-0001 Q Governor Christie-Commission on Addiction Dear President Trump, Mr. Attorney General Sessions and Governor Christie, o We live in rural Deschutes County in Oregon, just outside of Bend in a township called Tumalo. We now find ourselves living next to a Medical Marijuana grow and with the a 2 arms MOM 0 ever present looming threat of recreational grows or additional Medical grows that could pop up, negatively impacting our liveability, safety and security. Since the legalization of marijuana in Oregon we have seen a degradation to our quality of life in our beautiful rural Deschutes County. Marijuana grows have popped up throughout the county. exposing those of us unfortunate to find ourselves living close to these grows to with the ever present sight, smells, noise and traffic that accompany these types of operations. In our case they have brought in large freight containers and used them as a barrier fence as you can see below, decreasing all surround property values. In addition, because of the incredible profits that marijuana provides the operations, any threat to these operations is met with threats, intimidation, and damage to property, livestock or pets. • We personally have had our local grower send representation to our property to threaten us, our dog was allegedly poisoned, harassing bright lights shining N into our home; I could go on but I think you get the point. We are currently trying to sell our dream home and move to a location where the marijuana industry does not exist, but feedback we have received is that no-one wants to live next to — a grow. O 03 rill ' ' O .+ . o 0 Ell 01:77-1.,`"' - i BEFORE J O Q Z Sz Oregon sold the legalization of Marijuana to the voters as a way to reduce the marijuana Q black market. "According to the Portland based consulting firm ECONorthwest, only 2 30% percent of the market activity is captured in legal transactions." Leaving 70% of o marijuana grown in Oregon to hit the black market as noted in the Oregon State Police K2 Evaluation from January 2017. (this is a very informative report and I encourage its review) There are different rules for medical vs recreational marijuana and enforcement -. to rules and regulations is difficult at best. Marijuana is not a crop it is a pharmaceutical 0 =BIS MIMI Focus Muncur 41 (drug) and should be treated as such. We strongly encourage the federal government to take a stand and ensure marijuana remains an illegal drug; any future legalization of it should have a thorough impact analysis and rules/laws must be strong and enforceable. Please help us put an end to this situation that encouraging criminal activity and putting the many in Rural Oregon at risk. Regards, Ed Kruskamp and Bridgit LaBelle Bend, Oregon 97703 July 17, 2017 President Donald J. Trump Attorney General of the United States Jeff Sessions Department of Justice Room 4400 0 0 General Dept. of Justice 950 Pennsylvania Ave., NW Washington, DC 20530-0001 Governor Christie-Commission on addiction Dear President Trump, Mr. Attorney General Sessions and Governor Christie, I am writing to you in the hopes that you will turn your attention to another harmful side of the marijuana o problem this country is facing. Those of us who currently reside in States that have legalized marijuana are now having to deal with the much less publicized issue of finding ourselves faced with being forced to live next door to large marijuana 2 grow operations and the subsequent negative impact these are having on our quality of life and property values. E 0 In 2014 Oregon voters were presented with a cleverly worded marijuana bill that simply asked whether v voters thought marijuana for personal use should be decriminalized. Nowhere in HB3400 did it state that o marijuana would be grown in our rural communities. It was Salem legislators who subsequently made the a40i decision to grant marijuana a "crop" status, thereby ensuring its protection from Oregon's Right-to-Farm (RTF) law. They made this decision without seeking any input from those it would impact the most, the rural public, who are now being forced to reside next to large marijuana grow operations with little to no ability to complain about the many negative impacts to their quality of life and property values. U Even though Oregon rural homeowners largely voted against the legalization of marijuana, we are the ones o who are being subjected to the negative impacts of living next to these smelly, noisy and potentially c dangerous operations. In many instances, our rural lands are being acquired by out of state investors who are leasing them out to multiple different marijuana growers, filling the entire lot with huge, ugly grow houses that produce thousands of marijuana plants. These plants are grown with strong artificial grow lights l that light up our night skies, and are watered daily using 1,000's of gallons of water from domestic wells. o Even though domestic wells are legally not allowed to be used for commercial purposes here in Oregon, u marijuana growers are getting around this issue by acquiring water rights from a different location. Water a. 2 IGEN NM i, fluMMION. mitigation only benefits the growers and the water brokers who are selling the rights, it does nothing to prevent these growers from potentially drying up the wells of neighboring homeowners. Marijuana plants stink. Dead skunk is the most common term used when describing the smell. The strong odor permeates clothing, buildings and can travel large distances. Loud, industrial size fans are being used 24/7 to cool the growing marijuana plants destroying neighboring property owners right to the quiet enjoyment of their homes and preventing them from sleeping with their windows open, one of the fundamental reasons people opt to live in rural areas to begin with. Marijuana Processing plants are being allowed on rural lands where fire departments are stretched thin. It is beyond comprehension why such extremely dangerous chemicals would be permitted to be housed in rural areas where drought issues have made wildfires a very real danger. There have been several instances where marijuana processing plants have blown up and subsequent investigation has discovered the individuals operating the plant were unqualified to handle such chemicals. Subjecting rural homeowners to this type of unnecessary fire danger is both irresponsible and unacceptable. I-- ‘-r o Oregon lawmakers determined marijuana dispensaries should not be allowed within 1,000 feet of a public CN r school, yet rural homeowners children are expected to live mere feet from marijuana grow operations. .. Why are the children of rural homeowners not granted this same protection? -o Unless this marijuana "gold rush" is stopped, our rural lands will forever be changed. The marijuana oindustry with the help of a handful of billionaire investors like George Soros are pushing for less and less vrestrictions for marijuana. Oregon's own liberal legislators greedily succumbed to the promise of more tax orevenue and campaign donations, granting the marijuana industry it's coveted crop status and subsequently to RTF protection. Since legalizing marijuana these same legislators have bent over backwards to I accommodate the marijuana industry's continued demands, in most cases at the expense of rural taxpayers. as 6 Oregon RTF law was designed to protect farmers from nuisance complaints should a E homeowner/developer build their home next door to the"existing"farm operation. These nuisances were primarily the periodic harvesting and fertilizing of hay and other crops. Now, the marijuana industry is turning this law on its head by moving their operations next to"existing"rural homeowners and generating o constant nuisances of noise, odor and light pollution that is being protected by this same law. 0 Most of us who have acquired rural properties have had to work hard, to be able to afford a few acres we can call home. We are now being faced with having our quality of life and our property values destroyed by these industrial marijuana grow operations with little to no protection from our government officials. One v fellow rural neighbor built his dream home on several acres only to have a marijuana grower build a 5,000- - square foot greenhouse a mere 35 feet from his property line. Instead of being able to enjoy many years in a the home he and his wife had so lovingly designed and built in such a beautiful setting, this homeowner was subjected to marijuana workers coming and going, playing music at all hours, and the awful stench of dead skunk that permeated his property. Subsequently, this homeowner was forced to sell his property at a loss in order to get away from what had become a living nightmare for him and his family. u_ 0 cn F- U Q a 2 IIIIMS NI enXlRaNb prh Focus-MarSuaro 1511415 THE FUTURE OF OUR BEAUTIFUL TUMALO? The Napa Voile?of Pct" 1 gor41 ,‘,.. , , r ) i* ' A 4 • ) ) i g It is frankly unfathomable to many why the US would be pushing so hard to stop drugs from entering the o country, and at the same time allowing more and more states to legalize the production of marijuana. The T marijuana industry has been allowed to promote marijuana as a "cure all" that is as harmless as candy, but o how can the mass production of a mind-altering drug be good for anyone? an 2 0 States that have legalized marijuana have seen an increase in marijuana use amongst teens and an uptick in traffic accidents, which will undoubtedly result in higher insurance rates for all of us. Oregon already has one of the highest rates for school intendance in the country, how will greater marijuana use improve this problem? v J Oregon implemented a "Seed to Sale" tracking system that is supposed to keep track of all the marijuana a that is grown here and to ensure that it does not illegally cross state lines. This system is either not being properly monitored or enforced as Oregon is quickly earning the dubious reputation of being one of the largest suppliers of black market pot in the entire country. Q 2 Our politicians are choosing not to listen to the negative impacts of marijuana use, instead they are looking les- to to marijuana as a temporary"quick fix"that will generate revenue to support their incompetent handling of g2 ballooning budgets and unsustainable Public Employees Retirement Systems. In short, it is a shameful sell a out for drug money. 2 CREWS Mill eOCUS.,.,0 We rural residents do not have the luxury of being able to hire expensive lawyers to fight for us...will you??? Sincerely, Paula Hawes Bend, Oregon July 18, 2017 President Donald J. Trump Attorney General of the United States Jeff Sessions Department of Justice Room 4400 General Dept. of Justice 0 950 Pennsylvania Ave., NW Washington, DC 20530-0001 C Governor Christie-Commission on addiction Dear President Trump, Mr. Attorney General Sessions and Governor Christie, — We, Richard and Maria Wattier, are residents of rural Deschutes County, Bend, Oregon, O , and have been for close to 40 years. This is an incredibly beautiful part of our country in the high desert with a lifestyle that includes skiing, hiking, biking, water sports and 0 other activities of every variety in a clean setting. E Until recently, we would never have considered living anywhere else. Recreational marijuana grows have become a major source of concern to us and too many others .c after Oregon allowed both medical and recreational marijuana to be grown and sold. At this point, our concern is over "recreational" marijuana. The term is ambivalent. 0 Recreation is hiking, biking, swimming, skiing, etc. The use of a mind altering substance belies the word "recreational". Oregon has designated it a crop under the 0 umbrella of "Agriculture" so the pro cannabis lobby feels it has the same designation as a potato or alfalfa farm. Space limits elaboration on every concern, but these represent our currently most t pressing ones: 0 a 1. Water usage and pollution: Thousands of gallons of water are needed to grow a and flush cannabis plants in large hothouse grows. Supplements are used to enhance growth and that water is then flushed into the ground. We have cc hundreds of grows in our state and hundreds of pending applications in our county alone. Our concern is that at some point flushed THC residue will be absorbed in our water systems. 2. Noise and light issues from large commercial fans and lights. 2 3. The large amounts of electrical draws from our grid to keep these grows operational day and night in order to maximize production. 4111 CMS NMI F xtiS Mari•„tou 4. Odor pollution that keeps adjacent and nearby property owners from being able to enjoy their backyards and the outdoors. 5. Property values being greatly depreciated from having a grow nearby which will affect a great many homes and acreages in rural areas. 6. Safety is of prime concern. Eighty percent of cannabis grown, we are told by law enforcement, is taken illegally across state lines and sold for a great deal more money than is the current per pound price for marijuana in our county. Anecdotal evidence is that traffic increases at night, unidentified persons come into and out of these grows at all hours of day and night, and many, we are told, are armed. The increased traffic has posed a problem in small rural neighborhoods with horses and other animals. 7. Enforcement, although our county has a few regulations governing these grows, we do not have sufficient state wide enforcement capability in place. Thank you for making this an important item on your agenda. o Richard and Maria Wattier N ti Bend OR 97701 — 0 Ct 0 U 0 0 .0 (0 (6 C 0 July 19, 2017 President Donald J. Trumpcp Attorney General of the United States O Jeff Sessions Department of Justice Room 4400 General Dept. of Justice 950 Pennsylvania Ave.,NW Washington, DC 20530-0001 Governor Christie-Commission on addiction 0 J 0 a Dear President Trump, Mr. Attorney General Sessions, and Governor Christie, My name is Laura Underwood and I live in rural residential Clackamas County, 5 miles East of Sandy Oregon on a FF 10 Farm Forest zoned property. I have lived in Sandy for 23 years with Q my handicapped brother. We moved to the rural setting for the fresh mountain air, peace, tranquility,privacy and to enjoy a safer lifestyle. 0 Three years ago things began to change dramatically when my neighbor sold her business, the famous Oregon Candy Farm which made the best chocolates nationwide, to a California — 128 Investment Company who told her that they would continue the candy making business which required a conditional use permit. They lied to her and neglected to tell her that they were buying the Candy Farm to start a marijuana grow and a marijuana infused candy and food product farm. Marijuana has a very strong odor, very similar to the smell of a skunk. Imagine 100 skunks spraying next to your home, the smell becomes so obnoxious I can't go outside, hence the so called smell of the mountain air. Soon to follow would be our loss of peace,tranquility,privacy and safety. In the fall of 2014 stripping of the land began, tree removal, not to mention improper grading, illegal excavation of a huge holding pond to trap underground water which will eventually impact neighbors in a negative way with pesticide runoff, an ecological disgrace. Much of this was done without permits. I was told by the workers that green houses would be placed 30 feet from my barn and 120 feet from my front porch. Shear fear set in as I knew that it was a federally illegal drug and drugs bring undesirable individuals, behaviors and crime. Another major concern is that there is not enough law enforcement for our rural area for our protection. One day I was standing on my front porch when a loud engine came roaring up from the lower part of the Candy Farm. It was a 3 wheeler without a muffler screaming across the stripped property. The harassment and bullying of riding back and forth along my fence line • began. It was a 2 hours dust storm. Another day it was 2 loud dirt bikes plus the 3 wheeler. The 7, dust flew for 4 hours that day and the noise was unbearable, it was like living next to a • Motocross. This would happen at random times making it difficult to go sit on my deck. I also �o experienced loud parties that would last until 3:00 am. To ame AIV ` Ar.... r MFR FrO?F.HTY U E Is this the business model of someone creating good relationships in their communities and zimproving the lives of the residents? Can they be trusted to be in compliance in regards to n regulations in the marijuana industry when they have already been deceitful and non-compliant Q regarding regulations? We don't even have the law enforcement to make sure that these • businesses are following the regulations. These businesses don't belong in the rural residential o communities as the residents safety, quality of life and property values are being jeopardized. cn U Lr President Trump, Attorney General Sessions and Governor Christie, I would like to see the Federal Government step in and shut down this out of control recreational marijuana market. I 129 mum ION $1.104,1iatt 011111,1011O. Focus-Mcxi,uarx) am fully aware of the negative impacts that this drug is having in our state and our communities since being legalized in Oregon. As well, marijuana in smoked form has never been approved as a medicine by the FDA and it should also be banned from our communities, as according to the Oregon Health Authority who manages this program, there are over 47,430 unregulated medical marijuana grows in Oregon and over 3,448 of them are located in Clackamas County. Please I implore you to enforce federal marijuana laws. Respectfully, Laura Underwood Sandy, Oregon 97055 ti July 19, 2017 0 President Donald J. Trump Attorney General of the United States — Jeff Sessions Department of Justice Room 4400 Es General Dept. of Justice 0 950 Pennsylvania Ave., NW Washington, DC 20530-0001 0 Governor Christie-Commission on addiction o C Dear President Trump, Mt. Attorney General Jeff Sessions, and Governor Christie, As our family has resided in Deschutes County for 22 years, I thank you for listening o and looking deeper into stopping marijuana commercial production facilities in neighborhoods. The surrounding 28 properties within 1,000 feet of our home appealed a cg 10,000 square foot grow operation, because the county had approved this without any hearing. In our case, the Board of County Commissioner finally denied the application, o although it was apparent Deschutes County itself had allowed this, without any consideration to the detriment of the tax payers who have resided here for decades. Rural Deschutes County DID NOT vote to legalize marijuana, nor did it vote to turn this federally illegal plant into an agricultural crop, the legislature did. Hopefully, listening to residents will not be overlooked in future. Other crops do not have 80% leaving the state Q via the black market. Alfalfa residents have been living "next door" to large scale grow operations for years. Please consider how this city has been adversely affected by this El infiltration on every level. They can no longer ride their horses, due to the influx of traffic from the growers, staff and their visitors, as it is now unsafe! Traffic Accidents have o greatly increased with the legalization of Marijuana. U 2 �,..�. 130 V-acm+orrea9 Additionally, I ask that you consider the size of EFU and MUA zoned property in relation to smaller residents who live around it with family, kids and farm animals. For example, I am a 4H leader for Unified Tenders, helping with 4H kids on a neighbors' property, who are tending swine, as well as learning about horticulture. _._< smaller EPtJ tot ., . We- sre'Ialler EFU tot s 1=,S./VIta1t,1 P,latx, i'h' 1 I- &mstial Er U lot ` - e +.;m»IIPr F Fl l lot lO acre EFtJ 11,4*-, "• - ::-- proposed cor erc ril _ .' ��r pot grow that was denied because of our'` t ,a.. appeal :It, w -' t" t'!r.' a rt. . ' S,, F —1-1 r a R. t 0 N " s # \ ,F \ '(a` '< , O • Is it a good use of our counties land to allow growers, their employees, without o background checks, to move in and demand special rights or privileges in growing a cg federally illegal plant? Light pollution and even helicopters hovering over their crops all o night long on frosty nights in Sisters, all to the detriment of neighbors. My street, Alfalfa f- Market Road has greatly increased traffic largely due to Alfalfa grow operations, at all ru hours of the day and night. to o Adding a huge commercial grow operation on a blind corner, of a well-traveled road, where speeds exceed 55 mph, would have significantly increased fatality risk on a road • local residents are already avoiding, because of this safety issue. In this case it would o have added a commercial business into an existing rural Deschutes County o neighborhood. Our family has owned a rescue and safety business for over 20 years. We pay State, Federal and County taxes, with corresponding state and federal license numbers. The 0 growers can do the same, as they are business owners and should be treated as such, 7.-J • not undisciplined children who should expect to have their way. Additionally, they should z be held accountable and liable for the packaging of their products, for example, which can be consumed by children. 2 Our state is troubled regarding education. With parents and kids alike having greater o access to pot, will this be part of the problem or the solution? I don't envy the position If you are in, but I do greatly appreciate the stance you have taken thus far. People have a• reached out to me from Alfalfa, Tumalo, Redmond, Sisters, Three Rivers and Bend, with concerns of what is happening to rural Deschutes County. Residents are especially . wE ,m ,. -- Focv M itoG concerned when nearby properties go on the market, because a grow operation could move in there next. There is already too much marijuana growing in this county than is used in the dispensaries, according to law enforcement and Z21 News. We need to not compromise our county based on this single industry. Please consider locating these in Commercial areas, where they can be monitored. There is much to glean from Colorado. For example, Durango was just spot lighted in the news, as a former tourist destination, until pot and homeless people moved in. We already have a lack of Code Enforcement, such as skunk smell so strong, it affects both the outside and inside of our homes, shipping cargo containers used for fencing, cars with blacked out license plates from Oregon and other states at all hours of the day and night. There are not just workers who travel to these grow operations, as proven by black market statistics. ti 0 Oregrown now has Delivery service, as their large bill board displays in Bend. How are these growers transporting this federally illegal drug? According to Marijuana Retailing standards and criteria, the use shall not have a walk-up or drive-thru window service. Does this sound legal? 0 0 ca OPEN 9AM TO 10PM. SEVEN DAYS A WEEK. http://www.oregrown.com/ 7,3 http://www.prnewswire.com/news-releases/oregrown-launches-home-delivery-of-craft- o cannabis-300401093.html 0 http://www.ktvz.com/news/pro-skier-arrested-in-nw-bend-bu rg lary-assa u It/397672125 Marijuana and Hemp are now being crosspollinated as a way of being an agricultural crop, with THC in Hemp, as opposed to just CBD. This would allow Marijuana to be J recognized with Federal exemptions and privileges of agriculture, which a Federally a Illegal drug should not have. As you know, these growers are typically Drug Cartels who operate and do business illegally. Ironically, Marion County with its pristine vineyards, has opted out of growing u Marijuana...it is hypocritical for Salem to make state decisions and mandates, when 0 they are not living "next door" to these operations. We here in Deschutes County are willing to fight for our public safety, quality of life and property values too! Please enforce our federal marijuana laws. Please let us know i ;we can help you in any way, Monika and Lance F iatt Bend, OR 97701 MAY SARA MOMMTAZI VINEYARD ti 0 N July 19, 2017 N •„, -o0 President Donald J. Trump • Attorney General of the United States o Jeff Sessions Department of Justice Room 4400 0 General Dept. of Justice o 950 Pennsylvania Ave., NW Washington, DC 20530-0001 E• Governor Christie-Commission on addiction Dear President Trump, Mr. Attorney General Jeff Sessions, and Governor Christie, cb o My name is Moe Momtazi and I reside at McMinnville, OR. 97128. To I own and operate three businesses in Yamhill County, Oregon. In 1997, I purchased 496 acres of h°o an abandoned wheat farm. With the following purchases of some adjacent properties, it has now o grown to be 532 acres of pristine landscape in the foothills of the coast range outside of McMinnville, Oregon. From the very beginning, our philosophy has been to try to take care of this land holistically v without the use of any chemicals or minerals and to prove to other farmers that there are other 71 o alternatives to farming that not only would be profitable but also take care of the environment and aproduce healthy agricultural products. We have planted 260 acres of vineyards (mostly with Pinot nNoir grapes) and our vineyard has been chosen as one of the top five of over 800 vineyards in the R state of Oregon by Wine Enthusiast magazine fall 2016. a u_ Unlike many other farms we have never applied for any help from the Agricultural department or 0 cn any other private or government agencies. We have spent a lot of our own money on infrastructure Q at our property in order to make it a self-sustaining entity, therefore having no use for any sort of 2 chemical or mineral that isn't already naturally occurring within the estate. In order to supply 0 .4.41.:=1.01,=.11,106, sMd3mY4.ged..:.1Vp6, Focus MarHvarso water, we have built two large reservoirs on our property for irrigation and hold the water rights to irrigate our farm. After the passage of new marijuana law in the state of Oregon, our life and many other peoples have drastically changed for the worst when a new neighbor filed a land lot adjustment on his just purchased 6.74 acres of rural residential land that his parents attained with a home-loan from First Federal bank. The new owner never made any of the neighbors aware of his intentions and soon after the approval of the land lot adjustment he filed with the county, started growing marijuana and posting the progress on his Instagram (@liftedllama). As neighbors, we didn't find out about his true plans until he had started an application for a concentrate processing facility in addition to outdoor marijuana grow on the 6.74-acres his parents bought under their"home-loan"with First Federal Bank. ti New Marijuana o Neighbors fir= O O .. . '... ,, Ai O bA C 1E N 0 O 75 U c We banded together with four of our close neighbors and appealed the counties decision and this is when our lives changed all together. We started getting threatening phone calls that our 0 vineyard would be burned to the grounds our newborn calf was mysteriously killed and one of our cows' tail was found cut in half the same morning. With every news article talking about our appeal of the counties decision, the threats continued declaring that worse things await us unless we dropped the lawsuit. o a The neighbors, myself and a couple of my staff worked tirelessly for two months working 10-12 z hour days to collect data and information to prove that the existing laws prohibited the processing facility. 2 0 On June 1St, 2017 the commissioners voted 2 to 1 in our favor to overturn the county's decision to allow him to process marijuana concentrates at the site. a 2 =BM NW Focuctvicluorn ...aww..n+m..o In the last couple years since marijuana has been legal in Oregon and California the marijuana industry has caused so much harm to the environment. They use scare tactics to threaten the citizens and it is so sad to see the state governments turn a blind eye to this matter. It's hard to see the local authorities do nothing to protect the innocent citizens living in this beautiful state. I have also personally called the federal authorities to see what the federal government is doing about this and unfortunately I have been told that since there is no enforcement money allocated to them, their hands are tied and there is nothing they can do to enforce the law. We also informed the First Federal bank which has mortgaged this property in order to make them aware of the federal law, but nothing has changed with the status of the mortgage either despite omarijuana being grown on the land that was purchased with a home-loan. N NSelling wine both nationally and internationally, Maysara Winery is very concerned that the volatile oil produced by a marijuana farm in such close proximity to our vineyard could taint our wine with THC and thus cause the federal government to prosecute us because of the legal status of selling THC contaminated wines across state lines. 0 0 We ask for any help that you can give us in order to make sure our businesses can continue to operate in cooperation with the land unaffected by this new industry. 5a Sincerely yours, Moe Momtazi U w McMinnville, OR 97128-8551 0 July 20, 2017 President Donald J. Trump Attorney General of the United States O Jeff Sessions Department of Justice Room 4400 a. z General Dept. of Justice 950 Pennsylvania Ave., NW Washington, DC 20530-0001 E Governor Christie-Commission on addiction 2 Dear President Trump, Mr. Attorney General Jeff Sessions, and Governor Christie, • With utmost respect, I am writing to President Trump, AG Sessions, and Governor Q Christie to voice our concerns. My name is Rocky Roberts, I reside with my wife Jean, at Sandy, Oregon 97055. 411) PIM Fx rs Mz.tc u In May of 2015, Jean and myself attended a community meeting hosted by Shirley Morgan. She was giving us information on marijuana and how it was impacting our communities, public safety, quality of life, and property values. From my own negative personal experience and a very negative impact pot had on one of our daughters, we were looking for what we could do to fight the marijuana that seems to be taking over our state and the impacts it brings to our communities. In August 2013, a pot promoter and dispensary owner purchased the iconic "Oregon Candy Farm" near our property. The Candy Farm had existed from the 1970's until 2012, producing fine chocolate candies, sold worldwide. The new owner is a medical grower and produces edibles for his medical dispensaries. 4.10. Oregon Farm: ClitAmat APR; o pgusu N OLD PA4LoOnD LR CYS O z a 0 U They are using the original "The Oregon Candy Farm" labels. o We have testified before our county commissioners and have visited our State Capital to E speak with some of our legislators. We have learned a lot but most of all we have been t dismayed by the lack of knowledge and concern most of our leaders have on this subject. o Of the 3448 plus medical grows in Clackamas County, we now have (since Jan. of c; 2016) 314 recreational grows to contend with. Poorly planned, poorly regulated, and 70.0 with only 3 code enforcement officers in our county, impossible to oversee this federally o illegal drug. We have met with many property owners who have invested their lives and life savings into their property to retire on, or pass onto their children. Only to have mega grow operations move in mere feet off their property lines, inflicting them with the skunk odor v of their products, 24-hour noise pollution, and 24-hour light pollution onto our once quite o rural properties. 2 u_ 0 2 Minn MOWN �.. 136 lio, A ., , z'; t t i ' ' • 2015 10 04 4' r , f , .. . . There are numerous examples of not only property infringements but severe crimes and deaths attributed to marijuana. Oregon is one of the main suppliers of pot and related products for the United States. According to our State Police, 85% of pot grown in Oregon leaves the state illegally. Are these products leaving via federal highways, US Mail, fed-ex or UPS? oOur leaders claim (from county to our Governor) Oregon is collecting 20% tax on pot, (17% for state, 3% for counties). Now ask yourself, is this 20% on the 15% that stays in the state or 20% on the 100% grown in State? 1- - There are numerous other examples, so I urge us all to educate ourselves. Realize that 7 Oregon's so-called new pot policies are not curbing the "black market" it's feeding it. 0 Please do not let this "pot industry" inflict the damage to our country like so many have o let the "opioid industry"do. A local high school student made a video for his senior class project on the use of comarijuana in our schools. You might want to take a look at it, as it gives a glimpse of the cb impact of marijuana on our youth, it is very alarming. YouTube Cleveland High Senior Project/Marijuana Weed Documentary (2016) — High To cSchool: Marijuana in an American Public High School 0 g The link is: https://www.youtube.com/watch?v=BApEKGUpcXs 0 My wife and I proudly display "Unwanted pot grows.com" on our truck, jackets, and property to promote a website to better inform the public on what we are facing. We have also placed signs on properties of other concerned citizens. J r 1t Ill N t Mien POT Jail ACMQ Q A� t y 2 o What we ask of our new leadership is HELP-four letters that require a positive action for a negative situation. U a. Sincerely, 410 VMS MS Focus-MarM1vana Rocky and Jean Roberts Sandy, Oregon 97055 HIGHLAND EL 1 it NEIGHBORHOOD WATCH crnz Y[et�ning am Rmal Utast* fi.•+rsoK,.o.(Neon CTxbmr County July 20, 2017 President Donald J. Trump Attorney General of the United States Jeff Sessions Department of Justice Room 4400 General Dept. of Justice 950 Pennsylvania Ave., NW ti Washington, DC 20530-0001 0 Governor Christie-Commission on addiction Dear President Trump, Mr. Attorney General Jeff Sessions, and Governor Christie, My name is Steve Chianello and my family and I reside in rural Clackamas County in Oregon. o I am submitting my family's testimony on what it has been like for the last two years living next fn to an illegal marijuana grow that moved into our once quiet and peaceful rural community. Below are some examples of the issues. 0 To • Strong marijuana odors nearly every day (not just during harvest cycles) • Strong chemical odors 0 • Burning of large piles of marijuana plant remnants • Trespassing onto neighboring properties • Heavy traffic, seven days a week, 24 hours a day, including large commercial trucks, cargo trailers and U-Haul vans • Dumping of large amounts of marijuana plant remnants and used growing media onto J the ground near water sources • Loud weekend-long parties with amplified live music • Unsupervised dogs constantly barking and repeatedly roaming loose onto neighboring properties a • Flagrant lack of respect for law enforcement, government, regulatory authorities, laws and regulations • Complete lack of consideration for surrounding neighbors • Intentional harassment of surrounding neighbors who don't buy into their ways 2 CITIZENS MIIM 138 • The lack of county code and law enforcement which tends to provide the marijuana growers with an attitude of disrespect The below photo says it all! aa, p► , b' • (N V 0 tio • Please help us to protect our rural communities and protect our families, enforce federal .E marijuana laws and stop this experiment that has been allowed in States that flagrantly are in • direct opposition to our Federal marijuana laws which are designed to protect the general 8 public. 0 ho o If you have any questions on any of these items please feel free to contact me. Sincerely, Steve Chianello U o Beavercreek, OR 97004 0 z • Citizens for Public Safety,Quality of Life,&Property O Values I- U .411 139 ��.einalls F cuS M x uano CALIFORNIA Attorney General of the United States Jeff Sessions Department of Justice Room 4400 Jeff Sessions,US Attorney General Dept. of Justice 950 Pennsylvania Ave., NW Washington, DC 20530-0001 Governor Christie-Commission on addiction Dear President Trump, Mr. Attorney General Sessions, and Governor Christie, Thank you for taking the time to read this. I recently retired from the Department of Defense as a Radiation Health Physicist who monitored individuals and the environment in San Diego and Japan. My move up here was to take care of my 97 year old father who has for the last 30 years sat on the back deck with his elderly friends to enjoy our beautiful and peaceful countryside. This all took a turn for the worse just last year. With marijuana being legalized in California my father and his friends now stare at this N ti O _ NOMPIFo c o c LE Make no mistake about it, these are individuals (some backed by out-of-country cartels) who have suddenly and in great numbers have come into our community with the singular purpose of . cultivating marijuana to make a profit!!! o To These operations are being conducted in rural residential areas and should be confined to properties that are zoned commercial or at least have an ordinance in place that protects not only a our environment, but protects our neighborhoods. In the project pictured above, these out-of-state individuals bought this property and immediately scraped off the top of the hill and started erecting buildings without permits. It took Humboldt County 45 days to initiate a stop work order until it was resolved. Humboldt County Supervisor Rex Bohn then informed me there was an open case with the Drug Task Force. A month later I o found out that the applicant had perjured himself on the application by claiming the local water - district was allowing them residential water to grow. Letters to the Humboldt County DA and a Lori Ajax w/ State Dept. Consumer Affairs fell upon deaf ears. Eventually Humboldt County ignored my perjury claims and the County Planning and Building Department simply amended the permit, again no reply from the State level on down as to the perjury that was committed. On 2 Aug 19th 2016, in an effort to show growers that Humboldt County was on board with the o program, the County signed off 12 permits; one of which was my neighbor's permit which was among the most controversial ($$$$$). Just 10 days after the permit was approved 3' to 5'plants from unknown origin were being trucked into the green house. °mums"" 140 .m.0 rri kr:* ;Itt344% '1*** Humboldt Accountability I was shocked when Senator Mike McGuire stated in a Eureka town hall meeting Sept 18th, 2016 that it may take up to ten years of the Wild-Wild-West in Humboldt County before all the kinks are ironed out pertaining to regulating, enforcing, and accountability using the new state run program set to kick off January 1, 2018. Until then, Humboldt County is solely responsible for regulating and enforcement (or lack of) and subsequently there's no immediate way to o enforce anyone not in the voluntary pilot "track and trace" program. What's even more alarming is we are trusting marijuana cultivators to adhere to the affidavits that they're required to sign, promising to keep their federally classified illegal Schedule 1 narcotic off the black market. Humboldt County seems to have very lenient controls over the cultivation process here locally and there is absolutely no accountability of approved medical cultivated marijuana. DON'T WANT TO GET BUSTED IN HUMBOLDT? Are you an illegal grower anywhere in the states 0 including Humboldt County, and you're worried about a bust? Simply work out a deal with any 0 permitted medical marijuana cultivator in Humboldt County who is willing to take advantage of the system and they can easily take any size plant you have and include it into their own sanctuary grow. Nobody is checking. Nobody seems to care. Simply pack up that U-Haul and find a legal grower. Any illegal "Joe Blow" grower can sell any size plant to any a permitted .03 grower who essentially has a "sanctuary compound," and there will be a very slim chance anyone will be monitoring. All permittees are required to sign an affidavit prepared by Humboldt County To 0 with specific language committing to the concept of keeping their medical cannabis activities to a the legitimate state marketplace. The bad news is how are we going to know that the end product o is not falling back into the black market?And how do we know what type chemicals or additives have been applied to these plants? As far as the final processing and distribution, the county admits that permitted medical marijuana cultivators have the "obligation to comply with an affidavit but it's not enforced." Currently aside from the permitted growers in Humboldt who are 6- required to sign this affidavit to police themselves there's no accountability and tracking of o marijuana because Humboldt County simply doesn't have the manpower or resources to insure Q cultivators are adhering to the law. As an end result, there are some powerful corrupt out-of-state and country individuals who won't hesitate to thumb their noses at Humboldt County to shun the rules and regulations. As one Humboldt supervisor stated, there are "consequences we didn't CC < anticipate." I personally have friends who know growers that claim they can't get rid of their o product to buyer's in-state and make a decent profit. Individuals are now going so far as loading cn up eighteen wheelers and U-Haul's and getting as much as $7,000 per lb. across state lines. In closing; Humboldt County just signed off on 4 new mixed-light greenhouses that will be operating 24/7/360 days just 150' upwind from my WWII veteran dad's bedroom window. armNNW 141 Focus MOdit.a., ...r`.awp�wsy Mr. Sessions, I would like to personally invite you for a site visit. We can keep this low key and you can catch a glimpse of what a "chink in the armor" of a failed County ordinance looks like. My dad and I feel as if we have lost our Citizen Rights. Thank you for your time and attention in this matter and we implore you to please enforce federal marijuana laws. Sincerely, Tim Meade Fortuna-CA-95540 L •iving near marijuana grow can be unhealthy experience .\I http://registerguard.com/rg/opinion/36109717-78/living-near-marijuana-grow-can-be- unhealthy-experience.html.csp 0 0 By Richard Sedlock and Jerry Settelmeyer0 LE For The Register-Guard cb NOV.3,2017 0 4- Are the neighbors of large cannabis operations just collateral damage? Here's what it's like o to live next to the industrial-scale marijuana operation on Cedar Park Road, our mostly f residential street just outside Cottage Grove. 0 Classified by the state as an "agricultural" crop, cannabis can be grown and processed in Lane County on lots surrounded by rural residential properties — with many undesirable >_ but not really unexpected effects. Our neighborhood's core concern is not the legalization of recreational marijuana, but rather the permitted size and proximity to residential 2 neighborhoods of large-scale grows and processing facilities. Traffic and noise: We have experienced a huge (six to 10 times) increase in traffic, notably heavy vehicle traffic. Many residents have abandoned their daily walks on this once-safe a_ dead-end street. The facility emits a constant rattle of commercial-scale diesel generators running all day, every day. a 2 CM=MMOI ,..,r.,. 142 ci.r5-4".ivam The stench: We have experienced an incredible olfactory assault that shocks even those among us who have lived amid smaller-scale marijuana grows in northern California. For months, the intense, skunk-like, eye-watering stench prevented us from opening our windows and doors to cool our houses on summer nights, raising nighttime temperatures to unhealthy levels and causing sleep deprivation and anxiety. Involuntary exposure to the concentrated chemicals emitted by the cannabis operations triggered severe headaches, asthma episodes and other respiratory problems in several households on our street. We are greatly concerned about the effects of such chemicals on infants and people with weakened immune systems — and, frankly, on all of us; we feel like subjects in an ill-conceived experiment on the downwind effects of large-scale marijuana operations. ti For months, the stench forced us to involuntarily limit our outdoor time, for both work (in N gardens and orchards, with animals, on various outdoor projects) and play (patios, porches, outdoor dinners, swimming pools, etc.). 0 2 Water: Cannabis requires irrigation water. State law prohibits pumping groundwater for 7, irrigating recreational marijuana unless the property has irrigation water rights. Nevertheless, groundwater gets pumped for large-scale marijuana irrigation without such o water rights, drawing down the local water table and affecting water levels in surrounding wells. .E Physical safety: Cannabis may be classified as an agricultural crop, but the security concerns attached to it produce a cartel-like atmosphere with drones, security cameras and • armed guards with high-powered rifles with ranges of more than two miles. What the heck t is this kind of facility doing in a residential area? Hundreds of people live within two miles 2 of it. 0 Intimidation: In addition to these impacts, which are likely to be experienced by neighbors of any large-scale marijuana operation, our neighborhood has been subjected to 6- intimidation,threatened violence,profanity and arrogant bullying. J 0 12_ Examples include sexual threats to young women; drone flights over neighbors, including children and an 80-year-old stroke victim mowing his lawn; frequent discharge of firearms, typically after a confrontation with a neighbor; neighbors stalked by employees with `z sidearms strapped to their waist; explosive outbursts of profanity; and verbal demands to o get off of our own street. cnI- U d 2 143 WRNS MN FJ411S`'A 7.'..Utz: • While this may not be typical of large-scale marijuana operations, the current Wild West- like atmosphere of light state and local regulation and insufficient staffing in regulatory agencies invites exploitation by greedy opportunists. Our neighborhood's cannabis presence has forced itself to the forefront of our everyday lives and introduced a persistent fear for our health, sanity and physical safety. Many neighbors are so distraught and intimidated that they are planning to move away, leaving behind invested time and resources, memories and plans, and their attachment to a place — to their homes — with the dimly perceived goal of somehow starting all over in a place like our street used to be. Several actions could be taken at the county and state levels to limit the impacts of large- scale cannabis operations on adjacent neighborhoods. Significantly reduce the permitted size of individual grows near residences. N Limit large-scale operations to sites distant from residences. Significantly increase the required setback from property lines. 0 E2 Reclassify cannabis as something other than an "agricultural" crop. 0 up Enforce the water laws. We believe that such measures could help protect residential neighborhoods from the impacts we've described, would minimize local water-supply issues arising from o surreptitious pumping of groundwater, and would slow the influx of exploitative industrial- a scale operations. o We know that other neighborhoods are experiencing impacts like those we have described 0 here, and anyone living within a mile of a property zoned Fl, F2, or EFU currently is at risk of doing so. If you wish to share your experiences or concerns, email us at the address below. >- 0 J 0 Richard Sedlock, a retired professor, and Jerry Settelmeyer, a retired educator and school Q board member, live on Cedar Park Road near Cottage Grove. cc 2 U- 0 I- 0 d 2 MRS WM 144 OREGON Attached document-Marijuana Oregon State Police Marijuana Enforcement ` Marijuana Oregon State Police Marijuana Enforcement PPT.pdf(2 MB); WASHINGTON Attached document-Citizens for Public Safety, Quality of Life, Property Values Special Edition. ti Citizens for Public Safety-Quality of Life-Property Values New View Vol.9 APRIL 2017 SPECIAL EDITION ..........pdf(1 M61; O CV COLORADO Attached document-Colorado March 2017 Marijuana Supplement -Provided by 20 Rocky Mountain HIDTA 0 th I` -Colorado March 2017 Marijuana Supplement.pdf O.MB) LE n3 cb c YaA O O d 2 LL U 0_ 2 145 CMOS MOM Ex parte Items - Commissioner William L. McDaniel, Jr. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 13, 2018 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ADVERTISED PUBLIC HEARINGS 11.E. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to affirm a zoning verification letter regarding a proposed Medical Marijuana Treatment Center and direct staff to issue a letter of no objection to the proposed location. (Mike Bosi, Planning and Zoning Division Director) NO DISCLOSURE FOR THIS ITEM ❑ SEE FILE ®Meetings ®Correspondence ®e-mails ! !Calls Met with Rich Yavonavich, Francesca Passidomo and David Genson 3/8/18 CONSENT AGENDA 16.A.4. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Maple Ridge Phase 6A PPL, (Application Number PL20170002650) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE I !Meetings ❑Correspondence ❑e-mails Calls Ex parte Items - Commissioner William L. McDaniel, Jr. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 13, 2018 SUMMARY AGENDA 17.A. This item requires that ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Commercial Planned Unit Development (CPUD) zoning district to allow for development of up to 40,000 square feet of commercial development for a project to be known as 15501 Old US 41 CPUD; and providing an effective date. The subject property is located on the west side of Old US 41, approximately one mile north of the US 41 and Old US 41 intersection, in Section 10,Township 48 South, Range 25 East, Collier County, Florida. [P120170001083] ❑ NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings (Correspondence e-mails ❑Calls 17.B. This item requires that ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 96- 79, the Eagle Creek Planned Unit Development by expanding the golf course by removing one acre from residential tracts and adding the one acre to golf course Tract H-1; by superseding and repealing prior Ordinance Nos. 81-4, 81-114, 82-53 and 85-8; by amending the Master Plan; and providing an effective date. The subject property, consisting of 298+/- acres, is located southwest of the intersection of US 41 and Collier Boulevard in Sections 3 and 4,Township 51 South, Range 26 East, Collier County, Florida. [P120170001320] ❑ NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings ❑Correspondence ❑e-mails ❑Calls Ex parte Items - Commissioner William L. McDaniel, Jr. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 13, 2018 17.C. This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Recommendation to approve a Resolution renaming a portion of Esplanade Boulevard to Montelanico Loop. The subject street is approximately one third of a mile in length, located within the Esplanade Golf and Country Club of Naples, approximately one and a quarter mile north of Immokalee Road, in Section 15, Township 48 South, Range 26 East, Collier County, Florida. [SNR-PL20170002424] DQ NO DISCLOSURE FOR THIS ITEM SEE FILE (Meetings Correspondence I le-mails nCalls FilsonSue Subject: Rich Yovanovich 435-3535, Francesca Passidomo, & David Genson, Barron Collier re marivana cultiation Location: BCC Office Start: Thu 3/8/2018 3:00 PM End: Thu 3/8/2018 3:30 PM Recurrence: (none) Organizer: McDanielBill 1 FilsonSue From: Francesca Passidomo <fpassidomo@cyklawfirm.com> Sent: Thursday, March 8, 2018 7:08 PM To: McDanielBill Cc: FilsonSue; Richard Yovanovich; David Genson Subject: CCBC Meeting March 13 I Agenda Item 11.E Attachments: Ex A - Property Location.PDF; Ex B - Legal Description.pdf; Aerial - Prop Appraiser.pdf; Letter from CYK to CC re ZVL Request (submitted FP) 2017.11.13.pdf Good evening, Commissioner. Per our meeting today, please find attached the property location and legal description in relation to the above-referenced matter. I have also attached our Zoning Verification Letter submittal for reference. Please let me know if you require any further documentation. It was a pleasure seeing you today, as always. Francesca FRANCESCA PASSIDOMO, Esq. The Northern Trust Budding 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 P: 239.435.3535 F: 239,435.1218 CYK fpassidomo `ykla f rrn_com_ Visit cyklawfirm.com to learn more about us. Both Francesca Passidomo and Coleman, Yovanovich&Koester,P.A.,intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please permanently dispose of the original message and notify Francesca Passidomo immediately at fpassidomo@cvklawfirm.com or call(239)435-3535. Thank you. 1 Stantec 5801 Pelican Bay Boulevard,Suite 300, Naples, FL 34108 Legal Description Of part of the Northeast 1/4 of Section 5, Township 46 South, Range 29 East, Collier County, Florida COMMENCING at the Northeast corner of Section 5, Township 46 South, Range 29 East, Collier County, Florida; Thence along the North line of said Section 5, South 89°29'25" West 102.43 feet to a point on the West right-of-way line of State Road 29 also being the POINT OF BEGINNING; Thence along said west right-of-way line, South 00°32'47" East 2,740.05 feet to an intersection with the South line of the Northeast 1/4 of said Section 5; Thence along said south line of the Northeast '/4 of said Section 5, South 88°34'09" West 1,104.21 feet; Thence leaving said line, North 00°32'47" West 2,757.80 feet to a point on the North line of said Section 5; Thence along said North line, North 89°29'25" East 1,104.08 feet to the POINT OF BEGINNING. Said parcel containing 69.68 acres, more or less. Subject to easement and restrictions of record. Bearings are based on the North line of Section 5 being North 89°29'25" East. Certificate of authorization #LB-7866 Stantec Consulting Services, Inc. Registered Engineers and Land Surveyors By: November 10, 2017 Lance T Miller, Professional Surveyor and Mapper#LS5627 Not valid unless embossed with the Professional's seal. Ref. 215614250-SK01 0 o �E 1 * a I .L * ocr 0in vIO Z N o z� 00 0 ,,,,,)1-, dN- 0Z O CV W C D 19- Cfl wo W /> z ��9- AZT) L LL W✓7 3 SU .�.. fio wo ay o0o SCALE: 1"= 100 _ 8 z CDyu5_ Fcc� wm Z -°- O W W O ou ZO ri O °W M VI W VI Q < =WCs W" o000 N ° ZZ Z� aw wz 1...1g � N Y og d l�I ¢ MO>c�m oc_n Uma_jW, O 0 ZN- zo 01 ICQZ z Lot'5a 5N WNZ�OOODOSO o� �4 op I II--y F VI N ci0 W mZZ 'lZ a W * ~ Wo %•4- aygaam?xs * acn z yao0oaII II IIQ�Q * p o ZN ZNmIIVm3atyilQ 1"--- O v 2 K3ZWm000WVIW o CW7 m0 mooaadccN N W\ II "' '.'.I`C'E ' '�. - � L 1 A W0 t 1 z U ¢ n H o P VI N WA co L, 1 N w z wx UQ a fl z I-- o ('M'0'8 ,00Z) 62 aVox a VIS1 i SQO 3RLM`IJO v_ F rp �- i1I qqQ Os1 M�ryM NQ Ms I e w oa�as ,zs Dori �€2 NI- w N co n vi QI „'I c Id cy 0, �`r Liwi� �� cr,I a � cic ' I Ld z1.111-(ZI I N h F" P cc , d r) I I Q Z z O - - 2 �I I� '~ I— 8 U triNI-1-6- 4J W E, r r, o0 N \_ vi \Z!I I N a p 0 r �Oco� ���N .u' ;712 3Ij.tc� � I ' m r ZL.JI-X NUWj~Q� r a n Po' CI 'I 1 z 1 oZ1m I I _ �...—.:._ -..._... f _.. _..._..._ - a ,ZS0'Z M,£4,1ti.00N ,6B'lSL'Z M,ZZ,Z4.00N 3 M 6'4 It 7 I I U o r W < � � - W t4 oca0 I�, r . . 3-6Z-8 'S-917-1 '9 NOL03SI I�N y m N1- � g� 8m 12/12/2017 Collier County Property Appraiser Maps Collier County Property Appraiser MAP StCE. SMALL I MEDIUM I LARGE I AER Cot* t Zoom In tfr Zoom Oul 125 Identity FLmA Pa!1 Introduction 41 Search for Parcels by 'r,easure ®Search Results f-oilCounty View Parcel ID:00063320002 Name:BARRON COLLIER P'SHIP LLLP previous Street#&Name:4815 SR 29 N - View Bulid#/Unit#:001/1 ® 'oom To 5eletted 4 Layers Clear Map 4 Legend Graptncs 4 Print Overview Aerial Year: 2017 • Sales Year: OFF • 254ft V Aerial Photography:January-2017[61N]-2017[2FT]-2016[2FT]-2016[SOFT] http://maps.collierappraiser.com/map.aspx?sid=1029551470&ccpaver=1710181149&msize=M 1/1 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 T: 239.435.3535 I F: 239.435.1218 COLEMAN YOVANOVICH KOESTER Writer's Email: tbassidomo'd'cvklawfirm.com November 13,2017 VIA COURIER Collier County Growth Management Department Zoning Division Attn: Michael Bosi,Zoning Division Director 2800 Horseshoe Dr. Naples, FL 34104 Re: ZVL—PL20170003142 A parcel of land situated North of State Road 82 and East of State Road 29, approximately 50 acres Verification of No Objection,Section 381.986,Florida Statutes Dear Mr. Bosi: This correspondence follows a previous zoning verification letter request submitted by Wayne Arnold on August 28th and your response thereto issued on October 20`". (The original request and your response are enclosed for reference.) We represent the owner ("Owner") of the real property situated in eastern Collier County,as depicted on Exhibit"A",and as more particularly described on Exhibit"B"(the "Property"). The intent of this letter is to confirm that the County does not object to use of the Property as a licensed Medical Marijuana Treatment Center facility that cultivates, processes and delivers medical marijuana. The Owner meets the criteria for Medical Marijuana Treatment Center licensure from the State of Florida as a Medical Marijuana Treatment Center(as designated in Section 381.986(8)(a),Florida Statutes), and is applying for a Medical Marijuana Treatment Center license(the"License") pursuant to the current rules pertaining to such licensee-applicants. In connection with the License application,Owner must submit a letter of no objection or a zoning verification letter from the County with relation to Owner's use of the Property as a cultivation and processing facility pursuant to Section 381.986, Florida Statutes. Issuance of such letter from the County is merely a procedural requirement in the licensing rules promulgated by the Department of Health and Florida statutory law. To assist in your research,please note that the Property is currently zoned Agricultural and Owner intends to cultivate and process medical marijuana grown on-site and to deliver medical marijuana to qualified patients and licensed dispensaries in accordance with applicable statutory law. If the License is awarded to Owner, all operations on the Property related to such Medical Marijuana Treatment Center cultivation,processing and delivery would be in compliance with all applicable State laws and regulations. cyklawfirm.com Michael Bosi,Zoning Division Director Page 2 of 2 November 13, 2017 The Property will not be utilized as a dispensing facility. Section 381.986(11)(a),Florida Statutes,reads as follows: "(11) PREEMPTION.—Regulation of cultivation, processing, and delivery of marijuana by medical marijuana treatment centers is preempted to the state except as provided in this subsection. (a) A medical marijuana treatment center cultivating or processing facility may not be located within 500 feet of the real property that comprises a public or private elementary school,middle school, or secondary school." Therefore, under the current statutory scheme, as long as a property used as a cultivation or processing facility is not located within 500 feet of real property that comprises a public or private elementary school,middle school or secondary school,the property is permitted to be used as a cultivation and processing facility by a licensed Medical Marijuana Treatment Center. The County or municipality is preempted from imposing conflicting regulations. The Property is not within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school. It follows the County may not prohibit the cultivation, processing and delivery of medical marijuana on the Property. Please note that Ordinance No. 2017-17 (i.e.,the County's Moratorium on facilities that dispense medical marijuana) prohibits the County from approving land use or development permits only in connection with a cannabis dispensing business, which means "a business location offering cannabis for retail sale pursuant to a license to dispense cannabis issued under applicable law". The Property is not being proposed for use as a retail medical marijuana dispensary. Therefore,Ordinance No.2017-17 has no bearing on this request and does not apply to the Property's intended use. Please accept this correspondence as a request for a letter of no objection for the use of the Property as a facility for the on-site cultivation and processing of medical marijuana by a Medical Marijuana Treatment Center. We have enclosed a draft letter of no objection that satisfies the License application requirement. Once the letter of no objection has been completed and signed, I would appreciate it if you could please kindly address and deliver the letter to David Genson and email a copy to my attention at fpassidomoncyklawfirm.com. Please contact me should you have any questions or need any additional information. Sincer/, Fr n•esca Passidomo Fo e Firm Enclosures cc: Client; RDY cyklawfirm.com hael , Zoning Division Director Michael Page 3 ofBosi3 November 13,Zon2017 Exhibit"A" Property Location t` lilt- E s cecw.scm .- * `'-h.Y pF,:ar,. fuSE6 TXE y afl I, CF sE c !.. • �- .. 3t T-4S—S.R-29-E: ,,,,�� ' : ' ; Kt� et/g mss sc 4 au.E D.1 c ttaa .;rm_t•Lnea. Efl'Tr cy 7, f?ST PO., F-t�:.' ,r aw+.3.�r r¢r•._cr�wu TIECF. 1iE a M.+T Fi�7CK y ar adt w5re-at�.s.Y as , T-4 fi-29•E -: ane. r�ur cr e^.rm.wen ay , "T r —+« .inTe a caxT ger r.. ,''$'a '. "�� 2a.yp ace i„ RGb WG1r OF N amu., E . PARCEL II �. , ,�' ts. 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LI• 74., All E�f17M 'gyp•E•1[ -6/l0•IYsb'��111FaiW c T ` .. •c++ ASS• �var•.a+mt •`.. . nT4',"" marF L-' ,LL---- '4:14% LL---- L Crtlotl�dAuMisN IM.B-7$e 11---" —;1�: cyklawfirm.com Michael Bosi,Zoning Division Director Page 4 of 4 November 13,2017 Exhibit"B" Property Description Legal Description Of part of the Northeast 1/4 of Section 5, Township 46 South, Range 29 East, Collier County, Florida COMMENCING at the Northeast corner of Section 5, Township 46 South, Range 29 East, Collier County, Florida; Thence along the North line of said Section 5, South 89°29'25"West 102.43 feet to a point on the West right-of-way line of State Road 29 also being the POINT OF BEGINNING; Thence along said west right-of-way line, South 00°32'47" East 2,740.05 feet to an intersection with the South line of the Northeast' of said Section 5; Thence along said south line of the Northeast%of said Section 5, South 88°34'09"West 1,104.21 feet; Thence leaving said line, North 00°32'47'West 2,757.80 feet to a point on the North line of said Section 5; Thence along said North line, North 89°29'25" East 1,104.08 feet to the POINT OF BEGINNING. Said parcel containing 69.68 acres, more or less. Subject to easement and restrictions of record. Bearings are based on the North line of Section 5 being North 89°29'25" East. cyklawfirm.com LETTER OF NO OBJECTION VIA EMAIL AND REGULAR MAIL Barron Collier Corporation Attn: David Genson 2600 Golden Gate Parkway Naples,Florida 34105 DGenson@barroncoll ier.com Re: A parcel of land lying in eastern Collier County,more particularly described on Exhibit"A"(the"Property") Dear Mr.Genson: This letter is regarding use of the Property as a licensed Medical Marijuana Treatment Center facility that cultivates, processes and delivers medical marijuana. The Property is currently zoned Agricultural. According to Florida law, the regulation of such cultivation, processing and delivery of medical marijuana is regulated by the State. Section 381.986(1 1), Florida Statutes, provides: "(1 1) PREEMPTION.—Regulation of cultivation, processing,and delivery of marijuana by medical marijuana treatment centers is preempted to the state except as provided in this subsection. (a) A medical marijuana treatment center cultivating or processing facility may not be located within 500 feet of the real property that comprises a public or private elementary school,middle school, or secondary school." Under the current statutory scheme, the State preempts local regulations related to the cultivation, processing and delivery of medical marijuana. The County is not authorized to prohibit the use of real property for a licensed Medical Marijuana Treatment Center facility that cultivates and processes medical marijuana so long as such property is not within 500 feet of a school. The Property is not located within 500 feet of real property that comprises a public or private elementary school,middle school,or secondary school. Please accept this letter as confirmation that the County has no objection to the use of the Property as a facility that cultivates and processes medical marijuana on-site. Sincerely, Michael Bosi,AICP Zoning Division Manager Michael Bosi,Zoning Division Director Page 2 of 2 November 13, 2017 Exhibit"A" The Property Legal Description Of part of the Northeast % of Section 5, Township 46 South, Range 29 East, Collier County, Florida COMMENCING at the Northeast corner of Section 5, Tov,nship 46 South, Range 29 East. Collier County, Florida; Thence along the North line of said Section 5, South 89°29'25" West 102.43 feet to a point on the West right-of-way line of State Road 29 also being the POINT OF BEGINNING; Thence along said west right-of-way line, South 00°32'47" East 2,740.05E feet to an intersection with the South line of the Northeast i of said Section 5; Thence along said south line of the Northeast 1/4 of said Section 5, South 88°34'09 West 1,104.21 feet: Thence leaving said line. North 00°32'47"West 2,757.80 feet to a point on the North line of said Section 5; Thence along said North line, North 89°29'25" East 1,104.08 feet to the POINT OF BEGINNING. Said parcel containing 69.68 acres, more or less. Subject to easement and restrictions of record. Bearings are based on the North line of Section 5 being North 89°29'25" East. Codiet' County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Zoning Verification Letter: General Verifications and Fence Finished Side out Waiver Application PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED ❑ Generally: LDC subsection 10.02.06 J and Chapter 4 L.1 of the Administrative Code ❑ Fence Finished Side Out Waiver: LDC subsection 5.03.02 F.S.a and 10.02.06 J.,and Chapter 4 L.3 of the Administrative Code APPLICANT CONTACT INFORMATION Name of Property Owner: Q.Grady Minor and Associates,P.A. Address: 3800 Via Del Rey City: Bonita Springs State: FL Zip:34134 Telephone: 239-947-1144 Cell: Fax: E-Mail Address: warnold@gradyminor.com Name of Applicant/Agent Wayne Arnold Firm: Q•Grady Minor and Associates, P.A. Address: 3800 Via Del Rey City: Bonita Springs State: FL ZIP:34134 Telephone: 239-947-1144 Cell: Fax: E-Mail Address: warnold@gradyminor.com PROPERTY INFORMATION Site Address: No specific site address Property ID Number: No Specific property Type of verification being requested: Whether medical marijuana can be grown on Agricultural zoned property with the appropriate licensing from the State of Florida. Rev.11/4/2016 Page 1 of 2 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239)252-6358 SUBMITTAL REQUIREMENTS See Chapter 4 of the Administrative Code for submittal requirements. The following items are to be completed and submitted with the application packet. Incomplete submittals will not be accepted. J Completed Application(download current form from County website). The original or amended site plan and/or survey, if required. J If verification as to nonconforming status is requested, a copy of the Property Appraiser's Card shall be submitted with the application. This copy may be obtained from the Collier County Property Appraiser's Main Office. LI Information on building permits must be obtained through the Growth Management Records Room at 239-252-5730. LI Information on Code Enforcement cases/violations must be obtained through the Code Enforcement Department. Fee Requirements: Zoning Verification Letter(identified on Fee Schedule as Zoning Confirmation Letter): o Standard Response:$100.00(includes up to 1 hour research) o Extended Research:$100.00 per hour(any response with research in excess of 1 hour) Dat A28,2017 Signature ugust Please be advised that the zoning letter is based upon the available records furnished by Collier County and what was visible and accessible at the time of inspection. This report is based on the Land Development Code that is in effect on the date the report was prepared. Code regulations could be subject to change. While every attempt has been made to ensure the accuracy or completeness, and each subscriber to or user of this report understands that this department disclaims any liability for any damages in connection with its use. In addition,this department assumes no responsibility for the cost of correcting any unreported conditions. • Rev.11/4/2016 Page 2 of 2 GradyMinor Civil Engineers ® Land Surveyors ® Planners o Landscape Architects August 28, 2017 Raymond V. Bellows, Zoning Manager Zoning Division Collier County Growth Management Department Director- Development Review Division 2800 N. Horseshoe Drive Naples, FL 34104 RE: Zoning Verification Letter Application—Agricultural Zoning District Dear Mr. Bellows: We are seeking a zoning verification letter in order to confirm that the growing and cultivation of medical marijuana is deemed to be a permitted agricultural use when located on a parcel of land zoned A, Rural Agricultural Zoning District in Collier County. The medical marijuana grower would be a licensed grower in the State of Florida by the Florida Department of Health Office of Medical Marijuana Use. The A. Rural Agricultural Zoning District, Section 2.03.01.A.1 a. indicates that agricultural activities including,but not limited to:Crop raising;horticulture;fruit and nut production;forestry; groves; nurseries.... are permitted uses. Please confirm that the growing and cultivation of marijuana by a Florida Licensed grower is a permitted use in the A, Rural Agricultural Zoning District. Please contact me if you have any questions. Sincerely, b-Y-d D. Wayne Arnold,AICP c: GradyMinor File Q. Grad), Minor& Associates. P.A. Ph. 239-947-I 144 Fax.239-947-0375 3500 Via Del Rev EB 000 151 LB 0005151 LC 26000266 Bonita Springs. FL 34134 11ww.gradminor.com Cother County Growth Management Department Zoning Division October 20,2017 Wayne Arnold Q. Grady Minor and Associates,P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Re: Zoning Verification Letter ZVL-PL20170003142; Medical Marijuana, Collier County, Florida, Lands zoned Rural Agricultural (A) Dear Mr. Arnold: Thank you for your letter requesting whether the growing and cultivation of marijuana for medical purposes is allowed on lands zoned Rural Agricultural (A). I have consulted with the County Attorney and based on his direction I am providing the following response. Florida Statutes Sec. 381.986 (11)provides in relevant part as follows: PREEMPTION. Regulation of cultivation,processing, and delivery of marijuana by medical marijuana treatment centers is preempted to the state except as provided in this subsection. (b)1. A county or municipality may,by ordinance,ban medical marijuana treatment center dispensing facilities from being located within the boundaries of that county or municipality. A county or municipality that does not ban dispensing facilities under this subparagraph may not place specific limits,by ordinance, on the number of dispensing facilities that may locate within that county or municipality. 2. ... A county may determine by ordinance the criteria for the location of, and other permitting requirements that do not conflict with state law or department rule for, all such dispensing facilities located within the unincorporated areas of that county. As you know,the Board of County Commissioners through Ordinance#2017-17 enacted a moratorium on facilities that dispense medical marijuana with the stated purpose that the Board wished the opportunity to review the impact of recent changes in the laws to determine how such dispensing should be permitted or regulated in Collier County. The moratorium includes land use permits or any development permits related to the sale or dispensation of cannabis. 2800 North Horseshoe Drive o Naples,FL 34104 0 239-252-2400 a www.colliergov.net As you know, the Department of Health Office of Medical Marijuana Use is charged with writing and implementing the State rules for medical marijuana, overseeing the statewide Medical Marijuana Use Registry, and licensing Florida businesses to cultivate, process, and dispense medical marijuana to qualified patients. As of this date the Department is currently in the rulemaking process. Based on the State statute referenced above, until there are State regulations in place, staff cannot determine what is and what is not preempted, cannot determine the appropriate zoning for cultivation,nor can staff even begin to prepare appropriate land use regulations with respect to the cultivation,processing,and delivery of marijuana by medical marijuana treatment centers In addition to the issuance of Department Rules and Regulations, it is anticipated that the Florida legislature in its upcoming session will provide further clarifications on how localities can regulate all facets (cultivating, producing and dispensing) of a Medical Marijuana Treatment Center. Accordingly,until this matter is clarified by the State by final rulemaking,which may not soon occur if new legislation is being drafted, staff cannot provide a response to the appropriate zoning district to accommodate a Medical Marijuana Treatment Center for the purpose of growing medical marijuana. Should you require further information or have any questions, please do not hesitate to contact me at(239) 252-6819 or iMikel3osi(collieraov.net. Sincerely, 7-'27, Mike Bosi,AICP,Zoning Director Planning&Zoning 03/13/2018 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to affirm a zoning verification letter regarding a proposed Medical Marijuana Treatment Center and direct staff to issue a letter of no objection to the proposed location. OBJECTIVE: To have the Board of County Commissioners (Board) affirm a zoning verification letter regarding a proposed Medical Marijuana Treatment Center in the Rural Agricultural(A)zoning district. CONSIDERATIONS: On November 13, 2017, the County received a zoning verification request for a proposed Medical Marijuana Treatment Center facility that cultivates, processes and delivers medical marijuana. The request was submitted by Francesca Passidomo from the firm Coleman, Yovanovich and Koester,representing Barron Collier Corporation. The proposed facility is located in Section 5, Township 46 South, Range 29 East, north of State Road 82 and east of State Road 29 (See attachment"A"for specific location). As indicated within the request,the Property is currently zoned Agricultural and the Owner intends to cultivate and process medical marijuana grown on-site and deliver medical marijuana to qualified patients and licensed dispensaries in accordance with applicable statutory law. The Florida Statutes provides in Section 381.986(11): "(11) PREEMPTION. - Regulation of cultivation, processing, and delivery of marijuana by medical marijuana treatment center is preempted to the state except as provided in this subsection. (a) A medical marijuana treatment center cultivating or processing facility may not be located within 500 feet of the real property that comprises a public or private elementary school,middle school, or secondary school." As noted above, Section 389.986 preempts local regulations related to the cultivation, processing and delivery of medical marijuana, so long as such property is not within 500 feet of a school. The Property is not located within 500 feet of real property that comprises a public or private elementary school, middle school,or secondary school. FISCAL IMPACT: There is no fiscal impact to the County anticipated with the affirmation of this zoning verification letter. GROWTH MANAGEMENT PLAN (GMP) IMPACT: There are no anticipated impacts to the GMP with the requested action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally sufficient,and requires majority vote for approval. -JAK RECOMMENDATION: To affirm the response to the requested zoning verification letter and direct staff to issue the letter of no objection to the proposed location. Prepared by:Mike Bosi,AICP,Director,Zoning Division ATTACHMENT(S) 1.ZVL-Att- (PDF) 03/13/2018 COLLIER COUNTY Board of County Commissioners Item Number: 11.E Doc ID: 4859 Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to affirm a zoning verification letter regarding a proposed Medical Marijuana Treatment Center and direct staff to issue a letter of no objection to the proposed location. (Mike Bosi,Planning and Zoning Division Director) Meeting Date: 03/13/2018 Prepared by: Title: Division Director-Planning and Zoning—Zoning Name: Michael Bosi 02/14/2018 11:49 AM Submitted by: Title: Division Director-Planning and Zoning—Zoning Name: Michael Bosi 02/14/2018 11:49 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 02/14/2018 5:18 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 02/15/2018 2:57 PM Growth Management Department James French Deputy Department Head Review Completed 02/16/2018 5:24 PM County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 02/20/2018 1:45 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/21/2018 9:51 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 02/22/2018 11:32 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/03/2018 2:14 PM Board of County Commissioners MaryJo Brock Meeting Pending 03/13/2018 9:00 AM LETTER OF NO OBJECTION VIA EMAIL AND REGULAR Barron Collier Corporation Attn: David Genson 2600 Golden Gate Parkway Naples,Florida 34105 DGenson@barroncollier.com Re: A parcel of land lying in eastern Collier County,more particularly described on Exhibit"A"(the "Property") Dear Mr. Genson: This letter is regarding use of the Property as a licensed Medical Marijuana Treatment Center facility that cultivates, processes and delivers medical marijuana. The Property is currently zoned Agricultural. According to Florida law,the regulation of such cultivation, processing and delivery of medical marijuana is regulated by the State. Section 381.986(11), Florida Statutes, provides: "(11) PREEMPTION. -Regulation of cultivation. processing,and delivery of marijuana by medical marijuana treatment center is preempted to the state except as provided in this subsection. (a) A medical marijuana treatment center cultivating or processing facility may not be located within 500 feet of the real property that comprises a public or private elementary school,middle school, or secondary school." Under the current statutory scheme,the State preempts local regulations related to the cultivation, processing and delivery of medical marijuana. The County is not authorized to prohibit the use of real property for a licensed Medical Marijuana Treatment Center facility that cultivates and processes medical marijuana so long as such properly is not within 500 feet of a school. The Property is not located within 500 feet of real property that comprises a public or'private elementary school,middle school,or secondary school. It should be recognized that Ordinance 2017-17, which has been extended to June 10, 2018, has placed a temporary moratorium on cannabis dispensing business. Based upon this moratorium, the proposed medical marijuana treatment center could not provide a dispensing facility. Please accept this letter as confirmation that the County has no objection to the use ofthe Property as a facility that cultivates and processes medical marijuana on-site, in compliance with all state regulations pertaining to such a facility Sincerely, Michael Bosi.AICP Zoning Division Manager Michael Bosi,Zoning Division Director Page 2 of 2 November 13,2017 Exhibit"A" The Property Legal Description Of part of the Northeast 1/4 of Section 5, Township 46 South, Range 29 East, Collier County, Florida COMMENCING at the Northeast corner of Section 5, Township 46 South, Range 29 East, Collier County, Florida; Thence along the North line of said Section 5, South 89°29'25" West 102.43 feet to a point an the West right-of-way line of State Road 29 also being the POINT OF BEGINNING; Thence along said west right-of-way line, South 00°32'4T East 2,740.05 feet to an intersection with the South line of the Northeast 1/4 of said Section 5; Thence along said south line of the Northeast 1/4 of said Section 5, South 88°34'09" West 1,104.21 feet; Thence leaving said line, North 00°32147"West 2,757.80 feet to a point on the North line of said Section 5; Thence along said North line, North 89°29'25" East 1,104.08 feet to the POINT OF BEGINNING. Said parcel containing 69.68 acres, more or less. Subject to easement and restrictions of record. Bearings are based on the North line of Section 5 being North 89°29'25" East