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Cannabis in Oregon
Cannabis culture in Oregon
Usage
According to the Drug Enforcement Administration (DEA), cannabis is readily available in Oregon. According to a 2006 report by the Substance Abuse and Mental Health Services Administration, in 20032004 Oregon ranked in the top fifth of states for cannabis usage in three age categories: 12 to 17, 18 to 25, and 26 and older. In 2005, while most states that had passed medical marijuana bills over the past decade saw marijuana use among teenagers decline faster than the national average (a 43% decrease), Oregon, Nevada, and Maine saw smaller decreases than the average.
Table of monthly cannabis users
The Substance Abuse and Mental Health Services Administration estimates and publishes the number of people to have used cannabis in the previous 30 days, as compiled by the Oregon chapter of the National Organization for the Reform of Marijuana Laws (NORML):
Year
Recent Oregon
users
Recent U.S.
users
Oregon vs. U.S.
recent users
1999
6.60%
4.7%
+40%
2000
6.53%
4.8%
+36%
2001
7.19%
5.4%
+33%
2002
8.96%
6.2%
+45%
2003
8.88%
6.2%
+43%
2004
8.03%
6.1%
+32%
2005
8.36%
6.0%
+38%
Cultivation
Indoor Cannabis cultivation.
Oregon imports cannabis from Mexico and Canada, while also producing a large quantity locally. Cultivation techniques range from simple dirt grows to complex hydroponics operations. Large indoor and outdoor growing operations have been discovered on private, state, and forest lands, with plants numbering in the thousands. Recently, large outdoor growing operations by Mexican drug trafficking organizations have become more common. Highly potent cannabis grown in Oregon is consumed locally, and distributed to other parts of the U.S.
In 1988, due to the success of the DEA's Campaign Against Marijuana Planting in California, Oregon rivaled California nationally in cannabis production. In the 1990s, Oregon was a national leader in indoor cannabis cultivation, along with California, Washington, Kentucky and South Florida. For the decade ending in 1991, the DEA considered Oregon the "nation's cradle of indoor marijuana growing." In 2006, Oregon was the fourth largest indoor cannabis producing state, and the tenth largest cannabis producing state overall.
Events and attitudes
See also: Portland Hempstalk Festival and Vortex I
According to Nick Budnick of the Willamette Week, medical marijuana has "helped legitimize pot culture in Oregon." In 2005, Multnomah County Circuit Judge Doug Beckman said "I think there's a broader social acceptance for users of marijuana. And gradually there's increasing public pressure, I think, to decriminalize marijuana."
Festival goers at the 2007 Hempstalk in Portland, Oregon playing Hackey Sack
In 2007, nearly 20,000 people attended the third annual Hempstalk Festival at Sellwood Riverfront Park in Portland, Oregon. While organizers insisted smoking would not be tolerated, the smell of marijuana lingered in the air and some festival goers chose to consume various forms of cannabis foods. No festival attendees were arrested. Seattle Hempfest is an annual event in Seattle, Washington also attended by Oregonians, known as the world's largest annual gathering advocating decriminalization of marijuana for uses including but not limited to medicinal, industrial, and recreational. The 2008 Seattle Hempfest, which took place August 1617, set a new record with around 150,000 people in attendance.
Legality
Cannabis and marijuana were legal in Oregon until 1935, when the state passed the Uniform Narcotic Act. The legislative record contains no mention of those substances causing any problems, but were simply included as part of the package.
Decriminalization
"the solution is not to toss youthful offenders into jail or prisons. We long ago recognized alcoholism to be a disease, and abandoned efforts to treat alcoholics simply by locking them up."
regon Governor Tom McCall, who signed the nation's first legislation decriminalizing certain marijuana offenses.
See also: Decriminalization of non-medical cannabis in the United States
In 1973, Oregon became the first state to decriminalize cannabis. Possession of 28.45 grams (1 ounce) or less is punishable by a $500 to $1,000 fine; stricter punishments exist for sale or cultivation. Possession of 1 ounce to 110 grams is a class B felony punishable by 10 years in prison, and possession of more than 110 grams is a felony with punishment depending on the defendant's prior record. In 1986, Oregon's Ballot Measure 5 sought to legalize cannabis. The Oregon Marijuana Initiative spent about $50,000 promoting the proposition, and collected the 87,000 signatures necessary to place it on the ballot. In 1986, by some estimates, cannabis was Oregon's largest cash crop, estimated in 1985 at between $1 billion and $1.15 billion. The ballot measure was rejected by Oregon voters with 279,479 "Yes" and 781,922 "No" votes, or 26.33% support.
In 1995, Oregon House Bill 3466, which would have recriminalized marijuana in Oregon, died. According to bill sponsor Jerry Grisham (Reavercreek), HB 3466 was meant to counter a circulating initiative petition called The Oregon Cannabis Tax Act of 1997, which would have allowed state liquor stores to sell marijuana and permitted hemp production for paper, fabric, oil, and protein. Taxes on these products would to go schools to replace funding allegedly lost by Measure 5. The petition was sponsored by a political action committee named Pay for Schools by Regulating Cannabis.
HB 3466 would have increased penalties for possession of under an ounce of marijuana from an infraction (traffic ticket-like offense) to a Class A misdemeanor, the worst non-felony offense, with a fine of $100 to $1,000 per gram, up to a maximum of $5,000. The bill also would have created a new crimeeing under the influence of marijuanaunishable by a fine of up to $5,000. The bill would have passed according to the positions of state senators, but was blocked on a technical basis which prevented it from coming to the floor the same day it was readhich allows public inputnless overridden by a vote.
In 1997, the Oregon Legislature passed House Bill 3643, making the possession of less than an ounce of marijuana a Class C misdemeanor, which added a possible jail sentence of up to 30 days. According to Eric Schlosser of Rolling Stone, John Kitzhaber, then Oregon's governor, signed the bill because he did not want to appear soft on crime. Activists collected twice as many signatures as were required to force a referendum on the bill. John Sperling, Peter Lewis, and George Soros were the principal financial backers of the referendum signature drive. Measure 57, which would have upheld HB 3643, was turned down by a margin of 21.
The Oregonians For Cannabis Reform 2010 hope to make cannabis products legal and available in a retail environment by enacting the Oregon Cannabis Tax Act of 2010 (OCTA). Backers of the initiative say 90% of the proceeds from the state's sale of marijuana would go to Oregon's general fund (as much as $300 million), lowering the state tax burden, while 10% of the revenue would be used to fund drug abuse education and treatment programs. Advocates claim the marijuana market would be removed from the underground economy, where young people and drug abusers often take control, and place it in liquor stores regulated by the Oregon Liquor Control Commission so the minimum age of 21 can be enforced. Supporters have until July 2, 2010, to collect nearly 83,000 signatures to get the measure on the 2010 November ballot. According to Madeline Martinez, Executive Director of NORML's Oregon chapter, U.S. Congressman Barney Frank (Dassachusetts) has endorsed the idea, though support from Oregon state officials has been limited.
Medical cannabis
Main article: Oregon Medical Marijuana Act
The Oregon Medical Marijuana Act was established by Ballot Measure 67, a citizens' initiative, in November 1998, the same election as the referendum Measure 57. It modified state law to allow the cultivation, possession, and use of marijuana by prescription by patients with certain medical conditions. The ballot measure passed by a margin of 54.6% to 45.4%. The Act does not affect federal law, which still prohibits the cultivation and possession of marijuana. Bernie Hobson, spokesman for the DEA's Seattle regional office, said "From a federal standpoint, there is no such thing as medical marijuana." Four other western states (Alaska, Arizona, Nevada and Washington) and the District of Columbia passed similar measures legalizing the use of marijuana for medical purposes in the same election.
The act created "The Oregon Medical Marijuana Program," which administers the Medical Marijuana Act approved by the public in November 1998. The Oregon Medical Marijuana Program administers the program within the Oregon Department of Human Services. As of April 1, 2009, there were 20,974 patients registered, with 10,626 caregivers holding cards for these patients. Virtually all patients benefiting from the program (18,000+) suffer from severe pain and more than 3,200 from nausea. The other conditions are given as epilepsy, HIV/AIDS, cancer, cachexia, chronic glaucoma and tremors caused by Alzheimer's disease. Multiple states have requested information on Oregon's program to use as a model for their own medical marijuana initiatives and registration systems.
In 2004, an Oregon ballot measure that would have increased the amount of cannabis a patient can legally possess to six pounds was defeated by Oregon voters. In 2005, the Oregon Medical Marijuana Program brought in more than $900,000 to the state's budget for the Department of Human Services.
Medical cannabis reform activists have filed Initiative 28, an initiative that would create a licensed and regulated medical marijuana supply system through non-profit dispensaries. Supporters of Initiative 28 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. The Coalition for Patients Rights turned in over 61,000 signatures on January 11, 2010, to the Oregon Secretary of State and need 82,769 valid signatures to qualify the measure for the November 2010 ballot.
Conflict with federal drug law
United States cannabis laws. States with medical cannabis laws States with decriminalization laws States with both
Physician liability
Physicians who recommend or support marijuana cannot have their licenses revoked according to a September 7, 2000 decision by the U.S. District Court. The case, Dr. Marcus Conant, et al., v. McCaffrey et al., arose from two events: the November 1996 passage of California Proposition 215 which authorized medical marijuana, and a December 30, 1996 response to the law by the director of the Office of National Drug Control Policy which said
a practitioner's action of recommending or prescribing Schedule I controlled substances is not consistent with the 'public interest' (as that phrase is used in the federal Controlled Substances Act) and will lead to administrative action by the Drug Enforcement Administration to revoke the practitioner's registration.
The statement accompanied authorization for the U.S. Inspector General for Health and Human Services to exclude individuals from participation in Medicare and Medicaid programs, such as physicians who recommend marijuana to patients for medical purposes. Clarification two months later affirmed that mere discussion of any drugs with a patient was not grounds for sanction, but affirmed that physicians "may not intentionally provide their patients with oral or written statements in order to enable them to obtain controlled substances in violation of federal law." The court's decision acknowledged that the government has a legitimate concern that physicians might recommend marijuana in bad faith. However, physicians in good faith using honest medical judgment should not fear DEA sanctions. Furthermore,
Given the doctrine of constitutional doubt, the government construction of the Controlled Substances Act cannot stand. The government should be permanently enjoined from (i) revoking any physician class member DEA registration merely because the doctor makes a recommendation for the use of medical marijuana based on a sincere medical judgment and (ii) from initiating any investigation solely on that ground. The injunction should apply whether or not the doctor anticipates that the patient will, in turn, use his or her recommendation to obtain marijuana in violation of federal law.
Law enforcement
In November 2007, a California appeals court ruled that "it is not the job of the local police to enforce the federal drug laws." The U.S. Supreme Court denied an appeal by the city of Garden Grove in December 2008, upholding the decision. The case began in June 2005 with a medical marijuana patient from Garden Grove being pulled over by city police and cited for possession of marijuana, despite his immediate display of proper medical marijuana documentation. The charge against him was later dismissed, but the city refused to return his confiscated eight grams of marijuana, even after being instructed by Orange County Superior Court. The Supreme Court ruling affects 13 U.S. states with medical marijuana laws.
Police departments throughout Oregon decline to press charges, or charges have been dropped for possessing and growing marijuana, even for convicted drug dealers. Salem police estimated they received 30 or 40 calls for marijuana activity in 2007 which were not pursued because the grow operations were legal, even one next to a high school. One grower, a previously convicted felon, was found with evidence of making hash oil, which is not protected, though a grand jury did not indict him.
Thermal imaging searches
Main article: Kyllo v. United States
After a federal agent from the Department of the Interior used a thermal imaging device to determine that Danny Lee Kyllo was using grow lamps to grow marijuana in his home, the Supreme Court of the United States determined that the use of a thermal imaging device from a public vantage point to monitor the radiation of heat from a person's home was a "search" within the meaning of the Fourth Amendment, and thus required a warrant. Because the police in this case did not have a warrant, the Court reversed Kyllo's conviction for growing marijuana.
See also
Worldwide summary of cannabis legality
Alcoholic beverages in Oregon
Cannabis in the United States
Controlled substances in Oregon
History of Oregon
Legal history of cannabis in the United States
Politics of Oregon
References
^ a b Paul Blachly (1976). "Effects of Decriminalization of Marijuana in Oregon". Annals of the New York Academy of Sciences (Drug Policy Institute) 282: 405415. http://www.drugpolicy.org/library/blachly2.cfm. Retrieved 2008-12-26.
^ a b "DEA Briefs and Background, Drugs and Drug Abuse, State Factsheets, Oregon". Drug Enforcement Administration. http://www.usdoj.gov/dea/pubs/states/oregon.html. Retrieved 2008-12-18.
^ "Oregon marijuana use among highest in U.S.". Portland Business Journal. 2006-04-06. http://portland.bizjournals.com/portland/stories/2006/04/03/daily33.html. Retrieved 2008-12-17.
^ Bailey, Eric (2005-09-07). "Pot Use Down Where Medical Use OK". Los Angeles Times. http://articles.latimes.com/2005/sep/07/local/me-pot7. Retrieved 2008-12-17.
^ "Oregon Marijuana Statistics". National Organization for the Reform of Marijuana Laws. 2008-12-05. http://www.ornorml.org/data/. Retrieved 2008-12-17.
^ Stein, Mark A. (October 3, 1988). "Pot Growers Retreat Inside, Under Lights in High-Tech Battle". Los Angeles Times: pp. 3. http://pqasb.pqarchiver.com/latimes/access/59771154.html?dids=59771154:59771154&FMT=ABS&FMTS=ABS:FT&date=Oct+03,+1988&author=MARK+A.+STEIN&pub=Los+Angeles+Times+(pre-1997+Fulltext)&desc=Pot+Growers+Retreat+Inside,+Under+Lights+in+High-Tech+Battle&pqatl=google. Retrieved 2008-12-18.
^ Navarro, Mireya (1996-11-24). "Marijuana Farms Are Flourishing Indoors, Producing a More Potent Drug". The New York Times. http://query.nytimes.com/gst/fullpage.html?res=9F04E3DB123DF937A15752C1A960958260. Retrieved 2008-12-17.
^ Solomon, Chris (November 25, 1998). "Smell Of Money Makes Pot A Big Indoor Crop". Seattle Times. http://community.seattletimes.nwsource.com/archive/?date=19981125&slug=2785516. Retrieved 2008-12-18.
^ Soble, Ronald L.; John Balzar (June 28, 1991). "DEA Raids Massive Indoor Marijuana Operation". Los Angeles Times: pp. 28. http://pqasb.pqarchiver.com/latimes/access/61334389.html?dids=61334389:61334389&FMT=ABS&FMTS=ABS:FT&date=Jun+28,+1991&author=RONALD+L.+SOBLE&pub=Los+Angeles+Times+(pre-1997+Fulltext)&desc=DEA+Raids+Massive+Indoor+Marijuana+Operation&pqatl=google. Retrieved 2008-12-18.
^ Gettman, Jon (December 2006). "Marijuana Production in the United States (2006)" (PDF). DrugScience.org. pp. 11. http://www.drugscience.org/Archive/bcr2/MJCropReport_2006.pdf. Retrieved 2008-12-18.
^ Budnick, Nick (June 15, 2005). "In Weed We Trust". Willamette Week. http://wweek.com/editorial/3132/6400/. Retrieved 2008-12-18.
^ a b Schiff, Rachel (2007-11-12). "Hidden At Hempstalk". Willamette Week. http://wweek.com/editorial/3344/9534/. Retrieved 2008-12-16.
^ According to the 2007 Seattle Hempfest program, p. 22, "As far as we can tell, it is the biggest pot rally anywhere, and it dwarfs its closest counterpart."
^ According to the 2007 Seattle Hempfest program, p. 3, they advocate "the decriminalization of marijuana for responsible adults, legal access to medical marijuana, and legal domestic hemp production."
^ Black, Bobby (2008-08-21). "Seattle Hempfest 2008 Recap". High Times. http://hightimes.com/activism/bobby_black/4588. Retrieved 2009-01-10.
^ "Quotes About the War on Some Drug Users". PDX NORML. http://www.marijuanalibrary.org/quotes.html. Retrieved 2008-12-17.
^ a b c Schlosser, Eric (2005-12-05). "The Politics Of Pot: A Government In Denial". Rolling Stone. http://www.rollingstone.com/news/story/17537507/the_politics_of_pot_a_government_in_denial. Retrieved 2008-12-17.
^ "State by State Laws: Oregon". National Organization for the Reform of Marijuana Laws. 2006. http://www.norml.com/index.cfm?wtm_view=&Group_ID=4559. Retrieved 2007-01-10.
^ "American Notes Oregon". Time. 1986-09-29. http://www.time.com/time/magazine/article/0,9171,962394,00.html. Retrieved 2008-12-17.
^ "America's #1 Crop - Marijuana Tops the Charts". High Times quoted by the Portland NORML. April 1986. pp. 4849. http://www.marijuanalibrary.org/No1_Crop_0486.html. Retrieved 2008-12-16.
^ Cain, Brad (2004-09-11). "Medical pot measure sparks opposition". KGW. http://www.kgw.com/news-local/stories/kgw_091104_health_medical_pot.108fb5a64.html. Retrieved 2008-12-17.
^ "Initiative, Referendum and Recall: 19801987". Oregon Blue Book. Oregon Secretary of State. http://bluebook.state.or.us/state/elections/elections20.htm. Retrieved 2008-12-16.
^ a b c "Recriminalization of Marijuana Dies in the Oregon Legislaturenitiative Petition to Regulate Marijuana Sales Gathers Momentum". NORML. September 1996. Archived from the original on 2005-12-21. http://web.archive.org/web/20051221054558/http://www.pdxnorml.org/recrim.html. Retrieved 2008-12-16.
^ Green, Ashbel S. (1997-10-04). "Petitioners Expect to Suspend Law Recriminalizing Pot". The Oregonian. http://0-docs.newsbank.com.catalog.multcolib.org/openurl?ctx_ver=z39.88-2004&rft_id=info:sid/iw.newsbank.com:NewsBank:ORGB&rft_val_format=info:ofi/fmt:kev:mtx:ctx&rft_dat=0EB08A7271F0FC32&svc_dat=InfoWeb:aggregated5&req_dat=0D10F2CADB4B24C0. Retrieved 2008-12-16. (Registration required)
^ Green, Ashbel S. (1997-10-21). "Pot referendum gets its money from out of state: Three men with deep pockets contribute most of the cash for a measure to overturn Oregon's marijuana recriminalization law". The Oregonian.
^ "Official Resultsovember 3, 1998 General Electiontate Measure 57". Oregon Secretary of State. http://www.sos.state.or.us/elections/nov398/other.info/m57.htm. Retrieved 2008-12-17.
^ a b King, Tim (2008-07-09). "New Law Would Legalize Marijuana in Oregon". Salem-News. http://www.salem-news.com/articles/july092008/new_po-t_law_7-9-08.php. Retrieved 2008-12-18.
^ a b c Saker, Anne (2008-08-10). "Legal pot backer sees pluses for state, businesses". The Oregonian. http://www.oregonlive.com/business/oregonian/index.ssf?/base/business/1218165915122730.xml&coll=7. Retrieved 2008-12-26.
^ "Official Resultsovember 3, 1998 General Electiontate Measure 67". Oregon Secretary of State. http://www.sos.state.or.us/elections/nov398/other.info/m67.htm. Retrieved 2008-12-17.
^ Budnick, Nick (2007-08-03). "Feds strike medical pot growers". Portland Tribune. http://www.portlandtribune.com/news/print_story.php?story_id=118609925649231700. Retrieved 2008-12-17.
^ "The War on the War on Drugs". The Oregonian. 1998-11-05. http://0-docs.newsbank.com.catalog.multcolib.org/openurl?ctx_ver=z39.88-2004&rft_id=info:sid/iw.newsbank.com:NewsBank:ORGB&rft_val_format=info:ofi/fmt:kev:mtx:ctx&rft_dat=0EB08B4B262EB702&svc_dat=InfoWeb:aggregated5&req_dat=0D10F2CADB4B24C0. (Registration required)
^ a b "Oregon Medical Marijuana Program (OMMP): About Us". oregon.gov. 2008-07-25. http://www.oregon.gov/DHS/ph/ommp/about_us.shtml. Retrieved 2008-12-16.
^ a b "Oregon Medical Marijuana Program (OMMP): Statistics". oregon.gov. 2008-12-10. http://www.oregon.gov/DHS/ph/ommp/data.shtml. Retrieved 2008-12-16. Data as of 2009-04-01.
^ "Pot measure fails; gay-marriage ban OK'd". Seattle Post-Intelligencer. 2004-11-03. http://seattletimes.nwsource.com/html/politics/2002080669_ore03m.html. Retrieved 2008-12-17.
^ Cain, Brad (January 12, 2010). "Ore. ballot measure seeks pot dispensaries". The Washington Post. Washington Post Company. http://www.washingtonpost.com/wp-dyn/content/article/2010/01/12/AR2010011200409.html. Retrieved January 12, 2010.
^ a b c "Conant v. Walters, C-97-00139-WHA, In the United States District Court for the Northern District of California" (PDF). September 7, 2000. http://www.wamm.org/conant-v-mccaffrey.pdf. Retrieved 2008-12-26.
^ "U.S. Supreme Court: State Medical Marijuana Laws Not Preempted by Federal Law". Salem-News. 2008-12-01. http://www.salem-news.com/articles/december012008/court_ruling_medpot_12-1-08.php. Retrieved 2008-12-17.
^ Steve Kubby, Director, The American Medical Marijuana Association (2008-12-11). "Federal law DOES NOT trump state laws". Independent Political Report. http://www.independentpoliticalreport.com/2008/12/kubby-federal-law-does-not-trump-state-laws/. Retrieved 2008-12-17.
^ Thom Jensen and KATU Web Staff (2007-11-20). "Special Report: Highly legal". KATU. http://www.katu.com/news/specialreports/11651506.html. Retrieved 2008-12-17.
Further reading
Schlosser, Eric (2004). Reefer Madness. Houghton Mifflin Harcourt. pp. 66. ISBN 0618446702. http://books.google.com/books?id=s4FeZmuBAqsC&pg=PA66&dq=oregon+law+marijuana+decriminalize&lr=&ei=MlZISaaBI5CIkASUopngCQ.
External links
CNBC Gallery of Medical Marijuana: types, applications, estimated prices for various strains of marijuana
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Legality of Cannabis in the United States
Cannabis decriminalized
Alaska California Colorado Maine Massachusetts Minnesota Mississippi Nebraska New York North Carolina Ohio Oregon
Medical cannabis legal
Alaska California Colorado Hawaii Maine Michigan Montana Nevada New Jersey New Mexico Oregon Rhode Island Vermont Washington
Related articles
General
Cannabis in the United States Legal history of cannabis Places that have decriminalized non-medical cannabis Decriminalization of non-medical cannabis
Cases
United States v. Oakland Cannabis Buyers' Cooperative (2001) Gonzales v. Raich (2005)
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Topics in Oregon legislation
Crime and sentencing
Capital punishment Measure 11 (1994) (mandatory minimum sentencing) Measure 40 (1996) etc. (victims' rights)
Abigail Scott Duniway was instrumental in establishing women's right to vote in Oregon.
Elections and voting
Direct Legislation League Vote-by-mail Term limits List of Oregon ballot measures
Gay rights
Same-sex marriage Oregon Citizens Alliance Measure 9 (1992) (homosexuality and education)
Environment
Bottle bill Nuclear power Wind power Coal power
Land use
Beach Bill (1967) Senate Bill 100 (1973) Measure 37 (2004) & 49 (2008)
Health care
Death with Dignity Act Oregon Health Plan
Minimum wage
Measures 36 (1996), 25 (2002)
Taxation
Tax revolt Measure 5 (1990) (landmark tax law) Measures 47 (1996) and 50 (1997) (adjusted Measure 5) Kicker (tax rebate)
Miscellaneous
Adoption rights Alcoholic beverages in Oregon Cannabis in Oregon
Influential people
Loren Parks Bill Sizemore
Background, further reading
Oregon legislature Direct democracy in Oregon Oregon government Oregon history Oregon ballot measures
Categories: Oregon law | Cannabis legal reform | History of Oregon | Controlled substances in Oregon | Medicinal use of cannabis
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