Senate backs bill directing OLCC to adopt objective rules limiting cannabis packaging and advertising that attracts minors
Summary
House Bill 3724 passed unanimously in the Senate, removing content-based statutory language and directing the Oregon Liquor and Cannabis Commission to adopt objective, constitutionally tailored rules prohibiting packaging and advertising likely to cause minors to unlawfully possess or consume cannabis products.
The Senate gave final approval to House Bill 3724, which directs the Oregon Liquor and Cannabis Commission to adopt objective rules to prohibit cannabis packaging and advertising likely to cause minors to unlawfully possess or consume cannabis items.
Sponsor Senator Taylor said the bill replaces statutory language that courts found content‑based and therefore constitutionally vulnerable. "Removing the language 'appealing to minors' and directing OLCC to adopt rules that prohibit advertising and packaging likely to cause minors to unlawfully possess or consume cannabis items will provide clear, enforceable, and constitutional standards," Taylor said on the floor. The bill specifies objective criteria such as banning fictional characters associated with minors and other clear markers.
Taylor framed the measure as a response to a recent Oregon Court of Appeals decision in Bates v. Oregon Health Authority involving vape packaging, which struck down similar phrasing as unconstitutional. She said the revised approach will allow the state to protect youth while withstanding free-speech challenges.
Senator Robinson voiced support on the floor: "This is a minor step in the right direction," she said, adding concerns about youth use in her community.
Senators heard that industry representatives testified in favor of the bill during committee hearings. The bill returned from the House with broad support and passed the Senate third reading; the clerk recorded the roll call and the bill was declared passed.
The measure does not itself create criminal penalties but instructs OLCC to craft enforceable rules that meet constitutional standards and clearly identify prohibited packaging and advertising practices.
The bill passed unanimously on the Senate floor and will move forward per the legislative process.
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