Oregon

Recreational:

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.

Medical:

State and Relevant Medical Marijuana Laws

Ballot Measure 67 — Approved by 55% of voters on Nov. 3, 1998
Effective: Dec. 3, 1998Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a signed recommendation from their physician stating that marijuana “may mitigate” his or her debilitating symptoms.Approved Conditions: Cancer, glaucoma, degenerative or pervasive neurological condition; positive status for HIV/AIDS, or treatment for these conditions; A medical condition or treatment for a medical condition that produces cachexia, severe pain, severe nausea, seizures, including seizures caused by epilepsy, or persistent muscle spasms, including spasms caused by multiple sclerosis. Other conditions are subject to approval by the Health Division of the Oregon Department of Human Resources.

Possession/Cultivation: A registry identification cardholder or the designated primary caregiver of the cardholder may possess up to six mature marijuana plants and 24 ounces of usable marijuana. A registry identification cardholder and the designated primary caregiver of the cardholder may possess a combined total of up to 18 marijuana seedlings. (per Oregon Revised Statutes ORS 475.300 — ORS 475.346)

Amended:Senate Bill 1085
Effective: Jan. 1, 2006

State-qualified patients who possess cannabis in amounts exceeding the new state guidelines will no longer retain the ability to argue an “affirmative defense” of medical necessity at trial. Patients who fail to register with the state, but who possess medical cannabis in amounts compliant with state law, still retain the ability to raise an “affirmative defense” at trial.

The law also redefines “mature plants” to include only those cannabis plants that are more than 12 inches in height and diameter, and establish a state-registry for those authorized to produce medical cannabis to qualified patients.

Amended:House Bill 3052
Effective: July 21, 1999

Mandates that patients (or their caregivers) may only cultivate marijuana in one location, and requires that patients must be diagnosed by their physicians at least 12 months prior to an arrest in order to present an “affirmative defense.” This bill also states that law enforcement officials who seize marijuana from a patient pending trial do not have to keep those plants alive. Last year the Oregon Board of Health approved agitation due to Alzheimer’s disease to the list of debilitating conditions qualifying for legal protection.

In August 2001, program administrators filed established temporary procedures further defining the relationship between physicians and patients. The new rule defines attending physician as “a physician who has established a physician/patient relationship with the patient;… is primarily responsible for the care and treatment of the patients… has reviewed a patient’s medical records at the patient’s request, has conducted a thorough physical examination of the patient, has provided a treatment plan and/or follow-up care, and has documented these activities in a patient file.”

Amended:SB 281
Signed by Gov. John Kitzhaber on June 6, 2013

Adds post-traumatic stress disorder (PTSD) to the list of approved conditions for medical marijuana use.

Amended: HB 3460
Signed by Gov. John Kitzhaber on Aug. 14, 2013

Creates a dispensary program by allowing the state licensing and regulation of medical marijuana facilities to transfer marijuana to registry identification cardholders or their designated primary caregivers.

Updates: On Mar. 3, 2014, the program began accepting applications from people seeking a license to operate a medical marijuana dispensary.

On Mar. 19, 2014, Senate Bill 1531 was signed into law. The bill allows local governments to restrict the operation of medical marijuana dispensaries, including the moratoriums up through May 1, 2015.

On Apr.18, 2014, the Medical Marijuana Dispensary Program approved 15 dispensary applications, bringing the total number of approved applications to 58.

HB 3400, signed into law on July 1, 2015 by Gov. Kate Brown, added a provision requiring patients to be state residents, but there is no minimum length of residency required before getting a card.

Contact and Program Details

Oregon Department of Human Services
Medical Marijuana Program
PO Box 14116
Portland, OR 97293
Phone: 855-244-9580 (toll-free)medmj.dispensaries@state.or.usWebsite:
healthoregon.org/ommp

Information provided by the state on sources for medical marijuana:
The Oregon Medical Marijuana Dispensary Program publishes a directory of approved dispensaries on its website.

“As of October 1, 2015, registered medical marijuana dispensaries may sell limited amounts of recreational marijuana to adults age 21 and older.”

Patient Registry Fee:
$200 for new applications and renewals; Reduced fees: $60 for persons receiving SNAP (food stamp); $50 for Oregon Health Plan cardholders; $20 for persons receiving SSI benefits; $20 for individuals who have served in the Armed Forces of the United States

Accepts other states’ registry ID cards?
No

Registration:
Mandatory