Often, I get asked by my Washington State recreational marijuana clients whether they will be able to own or invest in legal marijuana businesses in Oregon. Oregon’s Measure 91, which created the state’s legal recreational marijuana market did not include a residency requirement for Oregon licensees or investors.
Subsequent legislation, however, seeking to implement Measure 91 does include residency requirements. House Bill 3400, which was unanimously approved by Oregon’s joint House-Senate Marijuana Committee includes a residency requirement for marijuana business owners.
The bill was amended in committee to require all license holders to provide proof that they have lived in Oregon for two years. Investors do not face residency requirements, but they will need to pass background checks.
Thus, it appears that it may very well not be possible for Washington residents to hold recreational marijuana licenses in both Washington and Oregon. Investment in licenses in both states, however, may be an option.
How the new Oregon marijuana legislation will affect Washington marijuana businesses continues to evolve. I will continue to post updates on these issues and the developing regulatory system in both Oregon and Washington.
For more information on the regulation of recreational marijuana businesses, please contact Heather Wolf.