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Committee opens work session on search‑warrant language allowing law enforcement to dismantle large illicit grow structures
Summary
During a work session, proponents of a cannabis omnibus bill explained a provision authorizing judges to include destruction (dismantling) of large "hoop houses" in search warrants when public‑safety and officer‑health conditions warrant it. Supporters said the measure addresses hazardous cartel grows; some senators asked for clarifying language.
Senate Bill 162 (part of an omnibus cannabis package under work session) includes a provision authorizing judges to include language in search warrants allowing law enforcement to destroy or dismantle makeshift "hoop houses" used in large, unlawful marijuana grows when health and officer safety concerns exist.
Rob Bovette, adjunct professor at Lewis & Clark Law School and bill manager for the omnibus, told the committee the provision is intended to address large cartel operations using plastic‑covered, uncertified hoop houses that create workplace health hazards for officers. He framed the authority as a health and safety measure, not a forfeiture or transfer of property to government ownership. "This is purely a law enforcement workplace health and safety issue," Bovette said, citing sheriffs' and district attorneys' written testimony about officers becoming sick after extended entry into such structures.
Senator Boardman questioned whether "destruction" could amount to a compensable taking; Bovette said Oregon case law addresses when compensation is due and that liability risks exist but are rare. Senator McLean asked if "destruction" equates to "dismantle." Bovette responded that in practice the structures he described typically require tearing the plastic and are not reusable.
Committee Chair Floyd Prozanski suggested staff and sponsors consider drafting narrower language (for example, distinguishing fragile plastic hoop houses from constructed greenhouses) to preserve evidence of contraband while protecting officer safety.
Why it matters: The provision directly affects law enforcement procedures for executing warrants at large illicit grows and raises constitutional questions about property destruction and potential takings claims if the property owner disputes probable cause or the scope of the warrant.
What happens next: The committee opened a work session on SB 162 for discussion; lawmakers did not adopt final language and said they will continue drafting and consult sheriffs and judges on narrower definitions and safeguards.
