Farm regulators ponder marijuana oversight
Marijuana legalization in Oregon has farm regulators pondering how cultivation of the psychoactive crop will square with existing rules for agriculture.
The Oregon Liquor Control Commission has primary jurisdiction over recreational marijuana, which was legalized in Oregon last year with voter approval of Measure 91.
However, some aspects of regulating the crop may come under the authority of the Oregon Department of Agriculture and other state agencies, experts say.
Officials from OLCC are scrambling to write rules for overseeing marijuana production, processing and sales but currently “have no idea” what role other regulators will play, said Steve Marks, OLCC’s executive director, during a Feb. 18 Oregon Board of Agriculture meeting.
Possessing and growing limited quantities of marijuana for personal use will become legal in July and OLCC will begin issuing business licenses for commercial growing and processing in early 2016, he said.
Regulating these commercial processes may bear on subjects with which ODA already has expertise — for example, pesticide rules for farmers are enforced by the agency, said Tom Burns, director of OLCC’s marijuana programs.
No chemicals are registered for marijuana by the U.S. Environmental Protection Agency, which raises the question of whether ODA would be expected to test the crop for pesticides, he said.
“Who is going to enforce that, if in fact we are going to enforce it?” Burns said.
The Washington State Department of Agriculture may offer some guidance, as the agency compiled a list of 273 pesticides that can be used on recreational marijuana. Voters in that state legalized the crop in 2012.
Marijuana is smoked and extracts from the plant are eaten, which complicates the question of pesticide safety, said Erik Johansen, the agency’s policy assistant for registration services.
Also, the EPA is “adamant” there are no allowable tolerances of registered pesticide residues on the crop, which remains illegal under federal law, he said.
For these reasons, WSDA examined chemicals that EPA classifies as organic, biopesticide or “minimal risk” and are thus exempt from tolerance levels or federal registration, Johansen said.
The state agency narrowed that list by identifying pesticides that can be applied to a wide range of crops, he said. “If it’s fairly broadly written, it could be interpreted as allowing other uses.”
While WSDA can offer advice and guidance to the Washington State Liquor Control Board — which oversees recreational marijuana — farm regulators are not responsible for testing or enforcement of pesticide rules for that crop, Johansen said.
Oregon plans to learn from the experience of regulators in Washington and Colorado, where marijuana was legalized earlier, said Marks.
With alcohol, though, no two states have the same regulations, so Oregon can expect to develop a unique program for marijuana, he said.
The Oregon Department of Agriculture is happy to let OLCC take the lead in setting regulations but hopes to avoid duplicative rules, said Katy Coba, the agency’s director.
Commercial kitchens and plant nurseries are already licensed by ODA, but it must still be decided whether the agency will be responsible for licensing marijuana plant producers and manufacturers of edible marijuana products, she said.
OLCC’s recreational marijuana rules may also intersect with existing regulations for water quality, overseen by the Oregon Department of Environmental Quality, as well as irrigation, which is under the Oregon Water Resources Department’s jurisdiction, said Burns.
Experts say marijuana legalization raises numerous other questions.
Will growing the crop allow landowners to qualify for farm property tax deferrals?
Is marijuana cultivation protected under Oregon’s “right to farm” law, which shields growers from certain lawsuits and local ordinances against farming practices?
Another uncertainty is how marijuana operations fit under Oregon’s land use rules, said Marks.
Processing facilities, farm stands and promotional events are permitted in exclusive farm use zones, though it’s unclear if such uses will be allowable for marijuana, he said.