Regulations permitting state-licensed medical cannabis dispensaries to also engage in retail sales to those ages 21 or older take effect on Thursday, October 1. An estimated 200 facilities are anticipated to begin providing cannabis to adults.
Customers will be permitted to purchase up to a quarter ounce of herbal cannabis daily, as well as up to four non-flowering plants, but they will not be allowed to obtain cannabis-infused products until early next year.
Legislation approved by voters in November and enacted on July 1 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). Separate provisions in the law license, regulate, and tax retail sales of cannabis beginning next year. However, separate legislation (Senate Bill 460) signed into law in August permits licensed medical dispensaries the option to engage in provisional, tax-free retail sales of cannabis until January 4, 2016.
Colorado and Washington presently permit retail sales of cannabis, while similar regulations are forthcoming in Alaska. (A voter-initiated law in the District of Columbia permits adults to possess and grow marijuana legally, but does not provide for a regulated commercial cannabis market.)
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.
Senate Bill 460 permits state-licensed medical marijuana dispensaries to also engage in cannabis sales to non-medical persons beginning on October 1, 2015. Adults will be allowed to purchase up to one-quarter ounce of cannabis per visit per day.
Initiated legislation approved by voters in November and enacted on July 1 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). Separate provisions in the law permitting the licensed production and retail sale of cannabis to adults were not anticipated to go into effect until next summer. Senate Bill 60 permits adults to legally obtain cannabis from dispensaries during this interim period.
Alaska, Colorado, Oregon and Washington permit adults to legally possess and purchase limited quantities of marijuana for their own personal use. The District of Columbia also allows adults to possess and grow marijuana legally, but does not provide for as regulated commercial cannabis market. All of these measures were enacted by the passage of voter initiatives.
Legislation 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.
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.
Need another prime example of cannabis prohibition coming to pass in these United States? Look no further than the states of Alaska and Oregon where the voters have ended cannabis prohibition and instead replaced the failed prohibition with tax-n-regulate policies, both states are canceling the use (and expense) of maintaining and employing cannabis sniffing canines.
Up next in states that have jettisoned cannabis prohibition: Canceling law enforcement overflights looking for once illegal cannabis plants.