cannabis policy oversight team (cpot) - portland, oregon
TRANSCRIPT
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
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