CANNABIS POLICY OVERSIGHT TEAM (CPOT) - Portland, Oregon

CANNABIS POLICY OVERSIGHT TEAM

(CPOT)July 11, 2019

What is CPOT?• Type III Public advisory body • Industry representatives and others that possess an in-

depth understanding of issues affecting and affected by cannabis

Objective: To discuss and provide input in development of policies that support equitable access and outcomes for the cannabis industry, cannabis consumers, and all City of Portland residents.

CPOT’s RoleInform: Provide review of and feedback on policies and

proceduresMonitor: Check on progress of a previous decision or

program activitiesForecast: Provide input and information to the program

about emerging community needs and marketplace trends

Preliminary Generate annual reports to the program and Civic Advising: Life Bureau Director

What’s important to us? Community Advocacy Truth

Culture Action Participation

De-stigmatization Experiences as POCs Accessibility

Justice Civil rights Family

Experience Information Eliminating barriers

Tenacity Knowledge as power Awareness

Sustainability Compassion Equity

What are the most important areas of focus (related to cannabis) for

the City right now?

Welcome!Agenda:

• Dinner and introductions

• Approve June meeting minutes

• Record clearing and expungement conversation with Nikki Thompson, Community Law Division, Metropolitan Public Defenders

• Subcommittees report out to group

• Public engagement for Aug-Nov

• Public comment

Introductions

June Minutes

Welcome Nikki ThompsonAttorney, Metropolitan Public Defenders

Nikki ThompsonCommunity Law – Metropolitan Public Defender

July 2019

Sealing the Record

Motion to Set Aside a Conviction or Record of Arrest

Case can still be “unsealed,” but need an Order from the Court

It “was enacted to enhance employment and other opportunities” and “remove the stigma” associated with a criminal record. Bahr v. Statesman Journal Co., 51 Or App 177, 180 (1981).

Upon entry of such an order, such conviction or arrest shall be deemed not to have occurred and the applicant may answer accordingly any questions related to their occurrence. ORS 137.225(4)

When are you eligible to have your Conviction expunged?

◦ 3 years after date of Conviction ◦ No other convictions in the last 10 years◦ “fully complied with and performed the sentence of the court”◦ No pending charges

What is a “conviction”?

◦ Felonies and misdemeanors ◦ Expunged convictions◦ Two non-traffic violations

(i.e., possession of less than an ounce of marijuana, fare violations)◦ Out of state convictions◦ Municipal Court convictions

What’s not expungable?

◦ Traffic Crime convictions (i.e., DUII, Failure to Perform the Duties of a Driver, Attempt to Elude, etc.)

◦ No A or B felonies (mostly) Exceptions: Marijuana, Possession of Controlled Substance

◦ Most child abuse and elder abuse is excluded◦ Sex Crimes are almost always ineligible

No other Dismissals/No Complaints for 3 years before motion No convictions for 10 years before motion If No Complaint, 1 year from arrest

Otherwise, immediately eligible

Can expunge EVERYTHING

2017 20182008 2015

Not eligible until 2020

2017 20182008 2010 2015

Most recent conviction eligible 2020Second conviction eligible 2027

20182008 2015

Eligible now

20182008 2015

Eligible 2019Expunge 2017 Dismissal first,

then 2016 Dismissal

2016 2017

Client initiates the process by submitting the motion/affidavit/proposed order1. Clerk - original paperwork $281 for each conviction, dismissals are free

2. DA - copy of paperwork $80 certified check/money order to Oregon State Police to each county if

even one conviction Dismissals are free

Fingerprint card

Paperwork different for every county◦ Defendant’s Name in Case◦ Case Number◦ DA number◦ Arrest Date◦ Conviction Date◦ Conviction or Arrest Charge(s)

Takes 3-6 months* DA notifies victim (if there is one) DA can object due to “circumstances and behavior” – ORS

137.225(3)◦ In practice, county by county

If objection, there’s a hearing in front of judge “Preponderance of evidence” standard

30 days to respond to DA’s letter Hearing is set some months out We will represent client if in tri-county area Write Reply Represent them at hearing Judge will make determination at the hearing, client will

receive signed Orders about a week later

Order mailed to client Record now sealed (physical file becomes inaccessible, OECI

wiped clean) Order goes to arresting agencies, such as Oregon State Police,

Dept. of Corrections Does not include private databases www.expungementclearinghouse.org

Establishes expedited expungement process◦ Blocking rules from ORS 137.225 don’t apply◦ Once expunged, doesn’t block other criminal cases from expungement

Waives court filing fees

No fingerprinting or background check

Limits DA objections

Companion bill to SB 420 Allows applicant to reduce the level of the prior marijuana

conviction to the level it would be today ◦ I.e., B felony to misdemeanor

Option for individuals who have convictions that are not eligible for expungement yet

No fees Limits DA objections

nthompson@mpdlaw.com 503-225-9100 (x7206)

QUICK BREAK!(10 min)

Access Subcommittee07/09 Meeting Report

Access1. City support for small and local business

• Flexibility in 1000’ buffer between businesses2. Workforce training and education3. Compassionate giving• Workplace rights• Re-entry housing

City Support for Small Business Discussed: • Lifting the 1000’ buffer• Licensing fee reduction • Rent control for industry• Incentives and standards

• Add OR owned fee reduction

Need- Comprehensive list of fees and start-up costs (local and State)

Workforce Training & EdDiscussed: • Cannabis competency training and education• Incentive for a continuing education program & paid

internship, paid advanced training for interested in owning or starting a business

Need- TBD

Compassionate GivingDiscussed: • Access to medicine for people who cannot afford it• Incentive for a continuing education program & paid

internship

Need- More exploration of the unintended consequences of high potency and chemical interactions

Next Steps?

Informed Policy Subcommittee07/08 Meeting Report

Informed Policy-Making1. Allocation of Cannabis Tax and tracking use2. City social equity workplan/framework

• Coordinated support for formerly incarcerated3. Data audit4. Refine health and public safety policy5. Social consumption6. Resources and funds to increase knowledge*7. Sustainability standards

Allocation of Cannabis TaxDiscussed: • Language of overall recommendation

Need- Comprehensive list of fees and start-up costs (local and State)

Social Equity FrameworkDiscussed: • Support for those currently and formerly incarcerated• Specific use of tax revenue• Strengthen equity via licensing • Make recs to State

• Consider MCBA social equity policiesNeed-Copies of ordinances and materials from other municipalities around country

Data AuditDiscussed: • CSA to report out on data work• Find out what data is needed (inter-Bureau coordination)• Questions in market study

Need- Preliminary results from data audit

Health & Public Safety PolicyDiscussed: • Have public health officials at CPOT meeting• Research anti-discrimination laws and policies

Need- Invite MCHD rep to attend CPOT meeting

Social ConsumptionDiscussed: • Measures of impairment• Recommend City framework • Research other states and municipalities

Need- TBD

Increase KnowledgeDiscussed: • Change to “Destigmatize legal cannabis throughout the

regulatory system”• Cannabis competency for public employees• Identify need for competency for specific Bureaus

• Review and rec local and State policies on use and testing• PBOT street frontage deferralNeed-TBD

Sustainability StandardsDiscussed: • Packaging requirements• Recycling capabilities• Energy use credits / requirements• Questions on market study

Need-TBD

Next Steps?

Public Engagement

What should meaningful public engagement around this work

include?

Strategies & Timeline

Meaningful public engagement • Increase diversity of perspectives involved• Important element of public policy development• Builds relationship and community

Timeline?

Agenda setting

Public Comment

What next?Post-meeting:

• Don’t forget to grab a parking pass for SmartPark if you need one

• Please email me any needs for next meeting or constructive feedback

Prep for next meeting:• Prep materials will be emailed prior to next meeting

ADJOURNNext meeting:

• August 8, 2019 - 6 to 8:30pm• Portland City Hall, Rose Room, 3rd Floor, 1221 SW

4th Ave., Portland, OR 97204