Oregon’s New Cannabis Laws: 2026 Edition
Sine die came for Oregon’s 2026 legislative session last Friday, March 6th. I previewed the roster of cannabis bills in play back on February 12th. Two of them passed; two of them failed. Below is a recap of the action, with links to each bill in the headers.
HB 4139 (FAILED)
This was the session’s omnibus cannabis bill, which I explained had a rough start due to various disagreements between the marijuana and hemp lobbies. On February 16th, HB 4139 was shuttled to the Ways and Means Committee and never heard from again—a fate that befalls many bills in that committee, especially in short sessions.
The upshot is that we won’t see a variety of new police powers arrogated to state agencies, and we won’t get key definitions on hemp terms. Nor will we see a tax on the sale of intoxicating hemp items in Oregon. For a fuller description of what was at stake here, check out my prior post, or the engrossed version of HB 4139 that died in Ways and Means.
HB 4142 (PASSED)
This one was referred to as the “hospice bill” and also “Ryan’s Law.” It was named for Ryan Bartell, a terminal cancer patient who found relief through medical cannabis. I previously explained that HB 4142 expands the definition of “debilitating medical condition” for the medical use of marijuana, to include “the need for hospice, palliative care, comfort care or other symptom management, including [comprehensive] pain management.” That language stayed intact, with the only addition being the word “comprehensive.”
The law applies to hospice programs, residential facilities and palliative care settings, but exempts hospitals and their affiliated clinics. It also protects facilities and staff from state criminal liability for possessing, delivering, or manufacturing medical marijuana for patients. And it prohibits the Oregon State Board of Nursing from disciplining nurses for discussing medical cannabis with patients. All good stuff.
Assuming Governor Kotek either signs or doesn’t veto this bill, it becomes operative on January 1, 2027. Qualifying facilities are required to have written policies in place by June 30, 2027 for the procurement, storage and administration of medical marijuana. By December 31, 2027, facilities must make educational training available to staff. I have no reason to believe Governor Kotek won’t support this bill. It follows similar legislation in California from 2021, and it sailed through the session without controversy.
HB 4162 (PASSED)
Here’s what I wrote on LinkedIn some three weeks ago, regarding this bill:
True story
. HB 1462 was brought by the Local UFCW 55. They are attempting to repeal a law that took effect via a ballot measure that the Union itself initiated. Read that again.
UFCW first tried to push the law through legislatively, a few years back. But the Union couldn’t get traction due to Office of Legislative Counsel findings that the concept was UNCONSTITUTIONAL.
UFCW then pushed a recall effort against one of the opposing legislators, and started gathering signatures for a ballot measure to pass the unconstitutional law.
Oregon voters approved it, not appreciating the flaws. I and others criticized the measure for obvious reasons and said it should be challenged. That predictably happened, and UFCW/Oregon was routed at District Court. Case is now on appeal for some reason.
Now, rather than face another unfavorable ruling (Ninth Circuit), UFCW is asking the legislature to unwind what lawmakers and others told it not to do in the first place.
You don’t have to be anti-union (I’m not) to appreciate how asinine this is. Big waste of time and taxpayer money here in Oregon. I would like this to get some press.
That’s enough said, probably. We can expect a dismissal of the pending Ninth Circuit appeal sometime soon.
SB 1548A (FAILED)
This was styled as a “public health” bill that proffered additional edibles packaging and dispensary siting requirements. I viewed the bill as unnecessary and wasteful, which I imagine was the industry consensus. I also wasn’t surprised to see it falter, even as it got some traction in its journey through a few committees.
As with any of these failed bills, SB 1548A could always pop up again next session, as a stand-alone bill or in some other format. Hopefully it doesn’t, though.
Conclusion
Stay tuned for Governor Kotek’s signature on HB 4142 and HB 4162. If Kotek doesn’t sign or veto either bill by April 17th, 2026, each bill becomes law automatically. We’ll also see some agency rulemaking around HB 4142, likely beginning this fall. As always, we’ll continue to update on any major developments. Onward and upward!
Source: Canna Law Blog
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