Oregon Medical Marijuana Act - Attempts To Change The Law

Attempts To Change The Law

Measure 33 was placed on the ballot by initiative petition in 2004. It would have expanded the law, allowing the creation of nonprofit, state-licensed marijuana dispensaries which could sell marijuana to patients, and increasing the maximum amount of marijuana that patients could possess. The dispensaries would have been required to provide the drug to indigent patients for free. If, after six months of the measure's passage, a county lacked a dispensary, the county health division would have been granted a license to open a dispensary. The measure would also have increased to 6 pounds (2.72 kg) the amount of marijuana the patient may possess.

Supporters of Measure 33 claimed that the prohibition on marijuana sales to patients hindered their ability to obtain the quantities they need for treatment. They viewed this measure as a responsible solution to that problem. Some opponents argued that the measure was a back door legalization attempt. Some also feared that this expansion would have attracted the ire of the federal government, who would have attempted to shut down the entire Oregon medical marijuana program.

Voters rejected the measure, with 42.8% of votes in favor, 57.2% against.

The 2005 Oregon Legislature passed Senate Bill 1085, which took effect on January 1, 2006. The bill raised the quantity of cannabis that authorized patients may possess from seven plants (with no more than three mature) and three ounces of cannabis to six mature cannabis plants, 18 immature seedlings, and 24 ounces of usable cannabis. The bill also changed the penalty for exceeding the amount allowed for state-qualified patients. The new guidelines no longer give patients the ability to argue an "affirmative defense" of medical necessity at trial if they exceed the allowed number of plants. But patients who are within the limits retain the ability to raise an affirmative defense at trial even if they fail to register with the state.

Donna Nelson introduced a bill in the 2007 legislative session that would have prohibited law enforcement officials from using medical marijuana. Kevin Mannix, a former state legislator and former candidate for governor, circulated an initiative petition that would have asked voters in the 2008 general election to scale back the law. Neither was successful.

Medical cannabis reform activists filed Initiative 28, an initiative that would create a licensed and regulated medical marijuana supply system through non-profit dispensaries. The initiative was co-authored by John Sajo who helped draft the Oregon Medical Marijuana Act and Anthony Johnson who co-authored successful marijuana law reform measures while in law school at the University of Missouri-Columbia School of Law. Supporters argue that the measure is needed to ensure that patients have a supply of medical cannabis and that the imposed licensing fees will generate millions of dollars in revenue for the state. Fees collected from the dispensaries and their producers will be utilized to fund medical research, establish a program to assist-low income patients and help finance Oregon health programs, such as the Oregon Health Plan. The Coalition for Patients Rights first turned in over 61,000 signatures on January 11, 2010, to the Oregon Secretary of State and needed 82,769 valid signatures to qualify the measure for the November 2010 ballot. Members of the patients' rights coalition, including Oregon Green Free, Voter Power and Southern Oregon NORML eventually collected enough signatures to place the initiative on the ballot. On August 2, 2010, the Oregon Secretary of State announced that the non-profit dispensary proposal would be placed on the November ballot as Measure 74.

Measure 74 has received great publicity across Oregon and earned the endorsement of the Democratic Party of Oregon, providing medical cannabis more mainstream support than it ever achieved in Oregon. 11 Oregon Voters' Pamphlet Arguments were submitted in support of Measure 74. Arguments were submitted by former Portland Police Chief and Mayor, Tom Potter; retired Oregon Supreme Court Justice Betty Roberts; former federal prosecutor Kristine Olson; as well as several doctors and nurses, including, Dr. Richard Bayer, Chief Petitioner of the Oregon Medical Marijuana Act.

Progressive Reform of Oregon (Pro-Oregon), a new 501 (c)(4) federal non-profit released the first commercial urging voters to support Measure 74. Pro-Oregon is dedicated to ending the War on Cannabis and implementing policies that promote freedom and equality under the law.