Deschutes County may refine pot rules, up enforcement

(Update: More on possible new officers, code enforcement staff, cap on total permits)

Deschutes County officials are pondering a pause in processing of marijuana production site applications, as they review and refine the regulations in place now. They also may add one or two officers and more code enforcement personnel dedicated to inspecting marijuana grows, to be sure growers are complying with current rules. And a possible cap on the total number of permits also is up for discussion.

The board is in the process of reevaluating the regulations that were set in 2016 amid opposition from some rural residents to the impacts of the facilities near their property.

During their work session Wednesday, commissioners discussed the idea of a 45- to 60-day pause on applications to refine the rules and possibly increase application fees and deposits to cover the staff time and other costs of processing the applications.

A pause in applications would give the county time to fine-tune the regulations. But commissioners brought up an issue with this: They do not have the authority to actually stop applications.

“In reality, applicants will still have the ability to provide an application in Deschutes County. We still do a 30-day completeness check, as required by state law, and we’re still obligated to issue a final local decision within 150 days,” said Peter Gutowsky, the county’s planning manager.

Gutowsky said he believes the board members are contemplating a discussion between themselves and, ultimately, the community, “letting everyone know there may be some programmatic changes in terms of what the regulations are and potentially, how they’re enforced.”

Another change being discussed is the addition of a dedicated law enforcement officer to inspect marijuana grows.

“The board is very interested in potentially bringing on, in a limited duration, a deputy sheriff to help with code enforcement issues that are rising potentially from the marijuana industry,” Gutowsky said.

Gutowsky said commissioners also will coordinate with the city of Bend for a second enforcement position and are initiating a process to hire more code enforcement staff, in partnership with the city.

Meanwhile, Community Development Director Nick Lelack said he expects the board to discuss a possible cap on the number of marijuana facility permits as they develop amendments to the current regulations “in the near future.”

Lelack said the board did not discuss a specific number of a cap on Wednesday, beyond a reference to San Diego County as one place that has set such a limit.

County commissioners are also considering increased and unannounced inspections of production facilities.

No decisions were made at Wednesday’s work session, and the discussion will continue at another work session next Monday, a commissioners continue working on the possible pause in processing applications.