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measure 91

  • by Keith Stroup, NORML Legal Counsel August 17, 2015

    Oregon's Elected Officials Show Leadership

    For those of us who have spent years in the trenches of marijuana policy reform, it has been a rare sight to see elected leaders actually lead. It has been the voting public who have paved the way.

    But there is a glimmer of hope in Oregon.

    In the four states, and the District of Columbia, that have legalized marijuana in the face of federal prohibition, those courageous and innovative steps were taken by the voters, not the elected officials in those jurisdictions.

    In fact, not only were most elected officials unwilling to seriously consider enacting legalization legislatively, most also publicly opposed the proposals and urged their defeat at the polls. Fortunately the voters led the way, and left their “leaders” to follow.

    So we are accustomed to the challenge of moving progressive marijuana legislation forward despite the active opposition of most politicians. It means we mostly focus on those states that offer a voter initiative as a way to change public policy by going around the legislature. And it sometimes results in constitutional amendments being proposed, despite higher approval requirements in some states, to protect against the possibility that the legislature might simply ignore the will of the voters and reverse a legalization initiative by a vote of the out-of-touch legislators still holding on to their war-on-marijuana mentality.

    But there are some new signs that this overwhelming opposition of elected officials to marijuana legalization may be coming to an end, at least in some states, and that some elected officials are now deciding to embrace these new changes and to take steps to implement them in a common-sense manner, to serve the public interest.

    I am referring specifically to the recent decision of the Oregon legislature to begin offering legal recreational marijuana sales a year earlier than had been expected. They had no legal requirement to make this change, but they decided to accept the will of the voters and to implement the new law sooner rather than later. They acted like leaders, rather than sore losers.

    SB 460 Approved by Legislature, Signed by Governor

    Measure 91, the legalization initiative that was approved by 56 percent of Oregon voters in November of 2014, would have been implemented in two-steps. First, as of July 1, 2015, it became legal for those 21 and above to possess up to an ounce of marijuana, to possess up to 8 ounces in the home, and to privately cultivate up to four plants. But provisions in the initiative that gave the Oregon Liquor Control Commission the authority to begin issuing licenses for commercial growers and sellers, delayed this process until January 4, 2016, and legal dispensaries were not expected to be operational until October of 2016.

    The result, like the current situation in the District of Columbia, is that recreational marijuana is now legal in Oregon, but there is no legal market. But unlike the District, where the City Council has been hamstrung by Congress in their efforts to establish licensed growers and sellers, the Oregon legislature decided to fix the problem with a short-term solution – they enacted emergency legislation allowing the existing 300-plus licensed medical marijuana dispensaries, which are regulated by the Oregon Health Authority, to begin selling to adult recreational smokers on October 1, 2015.

    Recreational consumers will also be able to purchase marijuana seeds and up to four non-flowering plants. (In a nod to local control, counties that opposed Measure 91 with at least 55 percent of the vote, all located on the east side of the state, were given the right to ban recreational sales during this interim program.)

    That’s right! The legislature enacted, and Gov. Kate Brown promptly signed, SB 460, bringing full legalization to Oregon a full year ahead of schedule. For once, instead of trying to undermine the new law, they have embraced it and elected to try to make it work as intended by the voters.

    Gov. Brown’s office called the measure “a smart solution to a short-term logistical problem,” adding, “If marijuana is legal to use, it shouldn’t be illegal to buy.”

    The new law will permit recreational users to purchase up to one-quarter of an ounce of marijuana per transaction from any of the licensed medical dispensaries. The Oregon Liquor Control Commission will continue forward with the process of issuing recreational licenses after the first of the year, and when those new recreational dispensaries are up and running, consumers will be permitted to purchase up to one ounce of marijuana per transaction.

    A Model for Elected Officials Moving Forward

    One admirable, common sense step by one state legislature does not make a trend, but it does establish a powerful example of how elected officials can get ahead of the curve and work cooperatively to implement these new laws, without delay, and one that can be the model for elected officials in the states that are expected to adopt legalization in the coming months.

    A majority of the voters nationwide now support full legalization, and that support appears to be growing. They understand that prohibition is a failed public policy and legalization with regulation is a better option for everyone, smokers and non-smokers alike. When voters clearly register their approval for marijuana legalization, it’s time for the politicians to acknowledge that change, embrace it, and take steps to implement the new laws in a timely and responsible manner. It is time to lead, for a change.

    This column first appeared @ marijuana.com.

  • by Paul Armentano, NORML Deputy Director June 30, 2015

    Oregon: Law Takes Effect Permitting Adults To Consume CannabisLegislation takes effect at midnight tonight permitting adults to possess and cultivate marijuana for personal use.

    Fifty-six percent of state voters approved Measure 91 in November, which allows those over the age of 21 to legally possess up to one ounce of cannabis and/or to engage in the non-commercial cultivation of up to four marijuana plants (yielding up to eight ounces of marijuana). The law also permits adults to possess up to a pound of cannabis-infused edibles, 72 ounces of cannabis-infused liquids, and/or one ounce of marijuana concentrates.

    Separate regulations allowing for the licensed production and retail sale of cannabis have yet to be finalized by lawmakers. Legislation is under consideration to permit adults to temporarily purchase cannabis from state-licensed medical dispensaries as soon as the fall.

    State-licensed retailers are not anticipated to be operational until mid-to-late 2016.

    (In the interim, Portland NORML and others are engaging in seed giveaways tonight and tomorrow.)

    Oregon is the fourth state – joining Alaska, Colorado, and Washington – to permit adults to legally possess limited quantities of marijuana for their own personal use. The District of Columbia also allows adults to possess and grow marijuana legally.

  • by Paul Armentano, NORML Deputy Director November 5, 2014

    Oregon and Alaska legalized and regulated the commercial production and sale of marijuana for adults, while voters residing in the nation’s capitol and in numerous other cities nationwide similarly decided this Election Day to eliminate marijuana possession penalties.

    Voters in two states decided in favor of a pair of statewide measures to regulate the commercial production, retail sale, and personal use of marijuana by adults. Alaska and Oregon are the third and fourth states to enact regulations on the licensed production and sale of cannabis, joining Colorado and Washington. All four states have enacted their marijuana legalization laws via voter initiative.

    Commenting on the new laws’ passage, NORML Deputy Director Paul Armentano said: “The majority of voters in these states, like a majority of voters nationwide, agree that a pragmatic regulatory framework that allows for the legal, licensed commercial production and retail sale of cannabis to adults best reduces the risks associated with the plant’s use or potential abuse. Elected officials in Alaska, Oregon, and elsewhere should welcome the opportunity to bring these common sense and long overdue regulatory controls to the commercial cannabis market.”

    Under the new Oregon proposal (Measure 91), adults who engage in the non-commercial cultivation of limited amounts of cannabis for personal use (up to four marijuana plants and eight ounces of usable marijuana at a given time) will not be subject to taxation or commercial regulations. Imposition of the new law will not “amend or affect in any way the function, duties, and powers of the Oregon Health Authority under the Oregon Medical Marijuana Act.” The legalization measure takes effect on July 1, 2015.

    Under the Alaska measure (Ballot Measure 2), the adult possession of up to one ounce of cannabis as well as the cultivation of up to six-plants for personal consumption will be legal and untaxed. Commercial production and retail sales of cannabis will be subject to licensing and taxation. Since 1975, Alaskans have enjoyed personal privacy protections allowing for the possession and cultivation of small quantities of cannabis. However, state law has never before permitted a legal market for marijuana production and sales. The initiative becomes law 90 days after the election is certified, which is expected to be in late November.

    Some 56 percent of Oregon voters backed Measure 91 while 52 percent of Alaskans endorsed Measure 2.

    In California, nearly 60 percent of voters backed Proposition 47, which defelonizes simple drug possession crimes, such as the possession of hashish. Under the measure, Californians with felony records for certain marijuana possession offenses will also be eligible to have their records expunged. Those serving time for felony drug offenses will also be able to petition for resentencing.

    In the US territory Guam , 56 percent of voters decided in favor of Proposal 14A, the Compassionate Cannabis Use Act. The new law directs “the Department of Public Health and Social Services to regulate the use of marijuana as treatment for medical conditions.” The Department has up to nine months to provide rules for the territory’s medical marijuana program.

    By contrast, a proposed Florida amendment (Amendment 2) fell shy of the 60 percent support threshold necessary in that state to amend the state’s constitution. Fifty-eight percent of Florida voters endorsed the measure, including supermajorities in most every age group except for those voters age 65 and older. Said NORML’s Deputy Director: “This vote wasn’t a rejection of medical marijuana in Florida, but rather an affirmation that most Floridians want patient access to cannabis therapy. NORML hopes that the Florida lawmakers will hear this message loud and clear and take action in 2015 on behalf of the will of the majority of the electorate.”

    Municipal voters overwhelmingly decided in favor of depenalizing cannabis on Election Day. In Washington, DC, some 70 percent of District voters approved Initiative 71, which removes criminal and civil penalties regarding the adult possession of up to two ounces of cannabis and/or the cultivation of up to six plants. Adults who engage in not-for-profit transactions of small quantities of cannabis or who possess marijuana-related paraphernalia are also no longer be subject to penalty under this act.

    Unlike legalization measures in Alaska, Colorado, Oregon, and Washington, I-71 does not establish a regulatory framework for the regulation of a commercial cannabis market. However, members of the DC City Council are currently considering separate legislation to regulate the commercial production and sale of marijuana to adults. (Because Washington, DC does not possess statehood, all District laws are subject to Congressional approval prior to their implementation.)

    Voters in several Michigan cities, including Saginaw (population 51,000), Port Huron (30,000), and Berkley (15,000) also decided in favor of local ballot measures depenalizing offenses involving the adult possession of up to one ounce of marijuana. Michigan lawmakers are anticipated to debate a statewide decriminalization proposal in 2015.

    Likewise, voters in South Portland, Maine approved a municipal ordinance eliminating local penalties in regard to the adult possession of up to one ounce of cannabis. Voters in Lewiston, Maine rejected a similar measure.

    In New Mexico, voters in Bernalillo and Santa Fe counties decided in favor of advisory questions in support of the decriminalization of one ounce or less of marijuana at a city, county and state level. Bernalillo and Santa Fe counties represent a third of the state’s population.

    Finally, in Massachusetts, voters in several state representative districts voted in favor of various nonbinding public policy questions calling on state officials to legalize and regulate cannabis-related commerce.

  • by Erik Altieri, NORML Executive Director August 20, 2014

    Earlier today, the Democratic Party of Oregon came out in support of Measure 91, which would legalize and regulate the adult use, cultivation, and sale of marijuana in the state.

    These endorsements were made by a “voting body comprised of the State Central Committee delegates, alternates, and associates.” A measure required a two-thirds vote for or against for the Party to take an official position.

    In a press release highlighting their supportive position, the Democratic Party of Oregon stated that “a majority of Americans and large majority of Democrats now support state regulation of legal marijuana use. Measure 91 is the right approach to legalization in Oregon, strictly regulating use while funding law enforcement and schools. Vote Yes on 91.”

    You can read the full release here.

    You can learn more about Measure 91, including ways you can donate or volunteer, by visiting their website here.

    NORML will be providing much more coverage on this and other ballot initiatives as election season heats up. Stay tuned.