Oregon clean air rules may spell trouble for marijuana clubs and cafes

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Madeline Martinez, who operates the World Famous Cannabis Cafe in Southeast Portland, may no longer be able to operate because of changes to Oregon's indoor clean air act, which apparently include not allowing marijuana smoking in private clubs.

(Noelle Crombie/Staff)

New clean air rules prohibiting marijuana smoking and vaping in work and public places may spell the end for Portland's cottage industry of lounges and clubs where people light up and hang out.

A Multnomah County tobacco program specialist visited the World Famous Cannabis Cafe in Southeast Portland earlier this week to follow up on a complaint from a member of the public about smoking in the establishment. During the visit, Erik Vidstrand told cafe owner Madeline Martinez that cannabis smoking and vaping won't be legal in her club starting Jan. 1.

Though Oregon's Indoor Clean Air Act was implemented in 2009, lawmakers this year expanded it to prohibit the use of devices like vaporizer pens and e-cigarettes in public areas and work places. Marijuana was also added to the law, which initially targeted only tobacco.

The indoor clean air law includes exemptions for two types of businesses: cigar bars, where patrons may smoke cigars, and smoke shops, where tobacco consumption is allowed. Both kinds of businesses must be certified by the state.

Martinez argued that her club, which charges a $10 admission, is private and should not be subject to the law as a public place. And because the cannabis cafe, which serves light meals and nonalcoholic refreshments, is staffed by volunteers, it so shouldn't be treated as a work place.

But Vidstrand said officials view cannabis clubs similar to fraternal clubs like the Elks and Eagles, where tobacco use is banned. When the clean air requirements were first implemented, fraternal organizations argued that they, too, relied on volunteer labor, but Vidstrand said the state ultimately determined that volunteers "did the work of employees" and therefore fell under the clean air requirements.

"They opened the doors and cleaned up and did the things that an employee would do," he said.

The Oregon Health Authority is responsible for enforcing the clean air rules, but delegates that authority to local public health agencies. Vidstrand said he consulted with state officials before visiting Martinez to advise her that pending changes to the law would affect her establishment. He said the state agreed that the law applies to cannabis clubs, like the World Famous Cannabis Cafe.

On Thursday, Karen Girard, a state health official, said the agency has not sought a legal opinion from the Department of Justice on whether the law applies to cannabis clubs "because the law hasn't gone into effect yet."

Girard, health promotion and chronic disease prevention manager for the health authority, said the process is complaint driven and that officials would have to determine on a case by case basis whether an establishment is a public place or a work place. The indoor air law defines public place as an enclosed space that's open to the public.

"The agency's position is that businesses and organizations throughout Oregon won't be treated differently than any other business," she said.

At the World Famous Cannabis Cafe on Southeast Foster Road, people bring their own cannabis or share with others since it's not for sale in the cafe. Two dispensaries are nearby, including one around the corner.

The space resembles a restaurant with long benches along the wall and tables, each appointed with an ashtray. Martinez hosts cannabis competitions, known as cups, and regular bingo nights, which draw lots of seniors, she said. A map of the United States hangs near the entrance, dozens of pins marking the hometowns of the patrons who've stopped by.

Martinez said places like the World Famous Cannabis Cafe offer a safe and comfortable spot to consume cannabis. Some can't light up at home because their landlord doesn't allow it or they live in government-subsidized housing. Others want to be around others when they smoke a joint or dab hash oil.

"All of the people who come here are going to go into their cars and smoke or go into parks and smoke," she said. "Where do they go? What do we do? We'll just have masses of people walking down the street imbibing. To me, that's a nuisance. That's not what we want. That is not what Oregonians signed up for when we passed this law."

Nickie Gates, a medical marijuana patient known in cannabis circles as Nickie D. Dank, operates The Other Spot, another cannabis social club not far from the World Cannabis Cafe. Gates, like Martinez, charges a membership fee and doesn't sell cannabis. She, too, said she doesn't have employees, relying instead on volunteers.

The club, located across from the Mount Scott Community Center, is furnished with donated furniture. A pool table sits in one corner. On Thursday morning, several people who volunteer at the club sat in a game room smoking. The club offers a comedy night and a karaoke night.

Gates said the club, which opened almost one year ago, is open to anyone 21 and older but serves mostly medical marijuana patients, some of them cash-strapped. She said she and her husband offer to cover the membership fees for people who can't afford to get in.

"We never turn anybody away for money," she said.

A third club in Portland, the Northwest Cannabis Club on Southeast Powell Boulevard, has seen a steady flow of tourists since opening in October.

Don Skakie, a spokesman for the business, said clubs offer visitors a place to consume cannabis since public marijuana consumption is illegal and hotels don't allow guests to smoke or vape in their rooms.

"We have tour groups that want to stop by and have their experience out there purchasing it and then they need somewhere to go," said Skakie. "They can't go to their hotel room or the park. They certainly don't want to go to a back alley."

-- Noelle Crombie

503-276-7184; @noellecrombie