Complete Measure 80 Summary & Explanation in Plain English

 

THE AUTHOR OF THIS SUMMARY IS NOT A LAWYER AND ENCOURAGES ALL READERS TO READ THE TEXT OF MEASURE 80 FOR THEMSELVES.

THE TITLE AT THE HEAD OF EACH SECTION LINKS TO THE ORIGINAL BLOGPOST ON THAT SECTION WITH THE OFFICIAL LANGUAGE INCLUDED FOR COMPARISON.

Measure 80 summary part 1

Cannabis hemp is a kick-butt plant that could replace fossil fuels and petroleum based products and produces medically beneficial substances without life-threatening side effects, and it grows fast and well just about anywhere.

Measure 80 summary part 2: Facts About Some Founding Fathers

In plain words, this section says that the Federal government and corporate interests have worked very hard to get people to think that cannabis is simply bad.  "In order not to give the wrong message to our children," the beneficial nature of the cannabis plant has been officially denied, and historical facts about cannabis have been suppressed.  I think it's hard to find fault with that statement.

  Throughout the time our country was founded, cannabis was not only legal, but an integral part of the economy, and we know that the Founding Fathers enjoyed the benefits of cannabis through industrial as well as recreational uses.  George Washington and Thomas Jefferson grew cannabis, and Gouverneur Morris, who wrote out the final copy of the Constitution with his own hand on hemp paper, preferred smoking cannabis to smoking tobacco.

Already our biggest cash crop--Measure 80 part 3

Cannabis is already Oregon's biggest cash crop--but, except for the money paid by patients into the OMMP program, the state is not benefiting financially from the fruits of some of our finest farmers.  Measure 80 will not only allow cannabis sales to be taxed and regulated, but it will also enable Oregon's farmers to start growing industrial hemp, the benefits of which were mentioned at the opening of the Measure.

The science is on our side: Measure 80 part 4

Basically, this says that state courts have noted studies which show the following:

     (a)  Cannabis is less addictive than caffeine and there is no known lethal overdose.

     (b)  Moderate cannabis users are functional members of society, and even long-term, heavy users  

            tend to perform as well on tests of mental function as others in their age range.

     (c)  Cannabis is not a gateway drug, but is, in fact, useful as an "exit drug" to help addicts manage

            withdrawal and successfully maintain recovery; if we tell kids that cannabis is dangerous and

            they try it and find out that it's not, they are more likely to believe that the dangers of heroin

            have been overstated as well.

     (d)  People who use cannabis tend to seek peaceful resolutions to problems and to respect the 

            rights and property of others.

     (e)  By any measure, cannabis is safer than alcohol.

Prohibition doesn't solve problems, it causes them--Measure 80 summary part 5

because of cannabis prohibition, a substance that is relatively cheap to grow can be sold for huge profits through black market trafficking, which leads to several negative effects:

     (a)  Cannabis is only worth a lot of money because it is an illegal substance.  Allowing it to be 

            legal and cheap would remove the economic incentive for illegal trafficking. 

     (b)  In a black market, there is no incentive NOT to sell to minors, the profits are often used for 
            more nefarious purposes, and there is no guarantee that the product sold is what the seller 
            claims.
    

     (c)  Black markets are not subject to taxes

     (d)  Police spend time pursuing nonviolent "offenders" who then clog up the courts.

Lessons from alcohol prohibition--Measure 80 part 6

The repeal of alcohol prohibition brought an end to gangsterism and violence and generated revenue from alcohol use instead of wasting it trying to stop it.  Furthermore, illegal drug dealers do not ask for ID or provide reliable information about the potency and purity of the product they provide, but anyone who wants to sell cannabis legally will be responsible to the law if they want to maintain their license.

Negative effects on personal liberty--Measure 80 part 7

By voting this into law, Oregon citizens are showing that we believe cannabis prohibition is inhibiting freedoms granted to us by the Oregon Constitution.

     (a) Because cannabis users are subject to unreasonable serach and seizure.

     (b) Article 1, Section 20 reads, in full:  "No law shall be passed granting to any citizen or class of 

          citizens privileges, or immunities, which, upon the same terms, shall not equally belong to all 

          citizens."  Adults over 21 who choose to use alcohol recreationally are afforded a privilege that

          is not given to adults over 21 who choose to use cannabis recreationally.

     (c & d) Article 1, Section 33 reads, in full: "This enumeration of rights, and privileges shall not be 

          construed to impair or deny others retained by the people."  There are no laws banning the use 

          of basil or thyme, because they are natural plants.  How can a naturally occuring plant be 

          illegal?  Also, what a person chooses to ingest is nobody's business but his or her own.

     (e)  According to the 10th Amendment of the US Constitution, the state of Oregon gets to decide 

           what gets bought and sold within Oregon's borders.

     (f)  The Preamble to the Oregon Constitution reads, in full: "We the people of the State of Oregon 

           to the end that Justice be established, order maintained, and liberty perpetuated, do ordain this 

           Constitution."  Cannabis prohibition subverts justice, breeds chaos and cuts short liberty.

Prohibition is expensive; regulation will grow our economy--Measure 80 part 8

So, let's replace cannabis prohibition, which is not only expensive, but also ineffective, with laws that actually work and produce economic benefits for Oregon and its citizens.

No changes to OMMA or DUII laws--Measure 80 summary part 9

if this law passes, it will change ALL state and local laws regarding cannabis EXCEPT DUII laws, and the OMMA.  So patients, caregivers and growers will retain the rights and privileges we have now under OMMA, and no changes are being made to current laws regarding driving under the influence. 

Creation of the Oregon Cannabis Commission--Measure 80 part 10

The OCC will be a new state commission in charge of regulating cannabis sales and cultivation.  One of its chief goals being to ensure the quality of cannabis grown meets an accepted high standard.  It will consist of seven commissioners and will spend two months developing the systems to put the new law into practice and begin issuing licenses by February 28, 2013.

The first seven commissioners will be appointed by the Governor before December 31, 2012, after the first year, two commissioners will be appointed by the Governor for 2 year terms and five commissioners will be elected by licensed growers and processors.

[474.005] The "Oregon Cannabis Tax Act": Some Definitions--Measure 80 part 11

Some definitions:

Section 3. This Act, in Section 4, creates an ORS chapter 474 titled the “Oregon Cannabis Tax Act.” Legislative Counsel shall move and renumber existing provisions of chapter 474.

Section 4. 474.005 Definitions. As used in this chapter:

(1) “Abuse” means repetitive or excessive drug use such that the individual fails to fulfill a statutory or common law duty, including but not limited to the duties owed by parents to children, by motorists to pedestrians and other motorists, and by employees to employers, fellow employees, and the public.

(2) “Cannabis” means the flowering tops and all parts, derivatives, or preparations of the cannabis plant, also known as “marijuana,” containing cannabinoids in concentrations established by the commission to be psychoactive, but does not include “hemp” as defined by ORS 474.005(5).

(3) “Commission” means the the Oregon Cannabis Commission, or OCC.

(4) “Cultivation” means growing the cannabis plant.

(5) “Hemp” means the seeds, stems, and stalks of the cannabis plant, and all other parts, products, and byproducts of the cannabis plant not containing cannabinoids in concentrations established by the commission to be psychoactive. Seeds and starts of all varieties of cannabis shall be considered hemp.

[474.015-474.025]  The purpose of the Oregon Cannabis Tax Act--Measure 80 part 12

So what's the point of Measure 80?  The goal is to reduce cannabis abuse and misuse, keep cannabis out of the hands of minors, and to protect our peace, safety and happiness while maintaining our freedom.

[474.035]  Powers & Duties of the OCC--Measure 80 part 13

Powers & Duties of the OCC:

(1) The OCC will make rules and regulations to discourage black markets for cannabis and will be granted the powers to carry them out.  The OCC will NOT regulate industrial hemp, which anyone will be allowed to grow in Oregon without getting a license or paying a fee of any kind.  This also gets rid of the need for a federal license to grow industrial hemp.

(2) People who would like to grow cannabis and sell it, will have to sell it to the OCC.  The OCC will issue licenses that say where the cannabis will be grown and, not play favorites among growers whose buds and meet the standards that the market demands.

(3) The OCC will also grant licenses to processors who would like to produce tinctures, salves, medibles, etc., and the processors will also have to sell their product to the OCC.

[474.045]  Medical Cannabis Sold at Cost--Measure 80 part 14

Cannabis for medical use will be sold at cost to patients:

(a) Patients who use cannabis under a doctor's order will pay substantially less for cannabis than recreational users.

(b) Medical research facilities in Oregon will be encouraged to do legitimate research on the effects of cannabis use, and cannabis consumers will be given the opportunity to volunteer to participate in research studies about cannabis.

  If Measure 80 passes, Oregon will have the opportunity to become a premier research center for medical marijuana, which some have called "The Miracle Drug of the 21st Century," and researchers will be encouraged to pursue objective studies into the effects of cannabis on users not subject to the paranoia-inducing effects of prohibition.

[474.055]  OCC Stores--Measure 80 part 15

OCC stores will function like liquor stores to provide adults over 21 a place to purchase cannabis legally.  They will set up a reasonable pricing system that covers expenses and provides money for cannabis research, drug abuse prevention and the state's General Fund.  The price will have to be such that there is no good reason to buy cannabis from another source nor to traffic it out of state.

[474.065]  Who can legally buy & grow?--Measure 80 part 16

Qualifications for purchasing cannabis and for obtaining an OCC license:

(1) Anyone over 21 who has not been convicted of illegally growing or selling cannabis will be allowed to buy weed in OCC stores.

(2) Unless the offense involved selling to minors, a conviction for growing or selling cannabis that took place before Measure 80 goes into effect will not disqualify an adult from obtaining on OCC License. 

(3) Anyone over 21 will be allowed to grow their own cannabis for personal use WITHOUT a license or registration.

[474.075 (1)]  Where will the money go?--Measure 80 part 17

The money that the OCC takes in for licensing fees will be used to cover administrative costs and to provide Oregon's Attorney General with funds to defend the law against challenges from the Federal Government and/or to defend individuals who are arrested or sued for carrying out this law.

[474.075 (2)]  Where will the money go (cont'd)?--Measure 80 part 18

All the money that the OCC takes in will be given to the State Treasurer to put into a cannabis account.  The OCC will be able to access these funds year-round for the following reasons:

(a) To pay for operating costs, including testing for quality, background checks on people who want licenses, and the cannabis research required by this law.

(b) To pay back the State Attorney General for costs related to enforcing this law.

(c)  To pay out to OCC retail stores 15% of their gross sales.

[474.075 (3) (a-d)]  Where's the money go part 3--Measure 80 part 19

The OCC income that does not have to be spent on operating costs or legal defense for those carrying out the law will be distributed every three months for the following purposes:

(a) 90% will go to the state general fund, which is "the most discretionary source of funds that the Governor and Legislature may spend."  That is to say, when the state needs more money for education, road repairs, or any other reason, the general fund is a major source for paying for those needs, and 90 cents of every dollar the OCC makes in profit will go into this fund.

(b) 7% will fund drug abuse treatment programs through the Department of Human Resources.

(c) 1% will be used to promote the use of hemp as food and for industrial purposes.

(d) 1% will be used to promote hemp biodiesel.

[474.075 (3) (e)]  1% of Money for Honest Drug Abuse Education-- Measure 80 part 20

1% of the OCC profits will be given to school districts all across Oregon to fund an honest approach to drug abuse education in public schools.  This program is intended to:

(I)  Emphasize that as members of a free society, we all have individual rights, but we also have the responsibility to respect the rights and needs of others and that abusing any drug can prevent a person from honoring that responsibility.

(II)  Discourage drug use by providing accurate information that is not presented through propagandistic scare tactics, but which instead frankly presents the effects that drug use can pose to mental and physical development.

(III) Try to convince students that, when they are adults, if they decide to use psychoactive substances, they should conscientiously consider how this affects themselves and their relationships with others.

[474.085]  Establishing psychoactive concentrations--Measure 80 part 21

The OCC will consult with the Oregon Board of Pharmacy and establish what concentrations of THC or other psychoactive cannabinoids indicate that a plant should be considered recreational cannabis rather than industrial hemp.  Establishing these limits would protect hemp farmers who grow acres of plants from being accused of growing cannabis to sell to recreational users.

[474.095]  Standards of purity & potency--Measure 80 part 22

The OCC will:

(1) Consult with the State Board of pharmacy and determine standards:

(a) For testing cannabis to be sure that it does not contain unhealthy levels of mold, pesticide residue, etc. and to reject cannabis that is not up to these standards.

(b) For determining how psychoactively potent cannabis and cannabis products are and to grade them accordingly.

(2) Make sure all cannabis products carry an official label with certification of purity, grade of potency, date of harvest, and warnings about abuse potential and reminding that it is against the law to resell the cannabis, take it out of Oregon, consume it in public, or to provide it to those under 21.

This portion of the law ensures that adults will know how strong the cannabis they buy is and that it is safe to use.

[474.105] OCC May Limit Purchases--Measure 80 part 23

This gives the OCC discretion to set limits on how much cannabis a person can buy at one time or over the course of some other length of time.  Possible reasons for establishing such limits include preventing illegal resale and interstate traffic.  It also gives OCC store operators the right to refuse to sell cannabis to anyone who has illegally resold cannabis, provided cannabis to minors, or otherwise broken this law, and/or to anyone who is known to abuse cannabis (as defined here).

[474.115-474.155]  Penalties for breaking this law--Measure 80 part 24

Selling cannabis without an OCC license will be a Class C felony, with a maximum 5 year sentence and/or $125,000 fine.  Unauthorized removal of marijuana from the state without intent to sell will be a Class A misdemeanor, with a maximum 1 year sentence and/or $6250 fine.

Selling cannabis to minors will be a Class B felony, with a maximum 10 year sentence and/or $250,000 fine.  Giving cannabis to a minor for free will be a class A misdemeanor, with a maximum 1 year sentence and/or $6250 fine, except when given to a minor over 18, when penalties will be the same as those for providing alcohol to minors over 18.

Additional fines will be assessed to deprive offender of any profits they have made through illegal sales.

Underage attempts to purchase cannabis will be subject to a fine of not more than $250.

Smoking pot in public will be illegal unless signs have been posted in a place where minors are not employed or otherwise allowed to enter.  The fine for this infraction will be $250 or less.

[474.205]  OCC Funded Scientific Studies--Measure 80 part 25

The OCC will provide grants to independent, accredited research facilities to determine the health effects of cannabis use and establish levels of impairment.  These studies will:

(a) Study the effects of cannabis smoke on the throat and lungs and whether vaporization and other methods of intake are less harmful.  These findings will be published in pamphlets to be available in OCC stores.

(b) Establish whether or not there is a level of cannabinoids in the bloodstream above which a person should not be driving or otherwise undertaking serious responsibilities.  If there is, the OCC will seek for such a limit will be put into place.

  So Measure 80 insures that some of the money made from cannabis transactions will fund the research necessary to provide cannabis consumers with objective, scientifically-determined information about the health risks associated with smoking pot, as well as research to establish how much effect levels of THC have on driving ability and decision-making skills. 

[474.215]  Anyone too stoned to do something shouldn't do it--Measure 80 part 26

What it boils down to:  Anyone who gets too high to do something but then does it anyway can be held responsible for their actions in a court of law, and if it can be proven that someone was impaired by cannabis at the time of an accident, then that person will be presumed negligent and have to prove him or herself otherwise.
Luckily the Measure provides funding for research into scientifically determining reliable standards for demonstrating cannabis impairment, so that law enforcement will have a reliable standard and patients can be protected from wrongful prosecution.

[474.305-474.325]  Licensees Names Kept Private, AG Must Defend This--Measure 80 part 27

The identity of anyone who applies for an OCC license will not be public knowledge.  This is necessary to protect applicants and licensees from Federal prosecution.

The law makes it the duty of the Attorney General to defend this Act.  This insures that the state's top law enforcement official will enforce and protect the will of the people of Oregon against Federal challenges.

The law will go into effect on January 1, 2013, and if any part of the law is ruled unenforceable, those parts of the law that are enforceable will go into effect.

Finally, if any law or entity keeps any part of this law from going into effect, the parts of the law that are not being challenged will still go into effect. 

Licensees Names Private, AG Must Defend This--Measure 80 part 27

  With these last few details about name disclosure, the Attorney General's responsibility with respect to this law, and the date it will take effect, we're finally reaching the end of the text of Measure 80:

474.305 Disclosure of names and addresses prohibited. Information on applicants, licensees, and purchasers under this chapter shall not be disclosed except upon the person’s request.

474.315 Attorney General’s duties. The Attorney General shall vigorously defend this Act and any person prosecuted for acts licensed under this chapter, propose a federal and/or international act to remove impediments to this chapter, deliver the proposed federal and/or international act to each member of Congress and/or international organization, and urge adoption of the proposed federal and/or international act through all legal and appropriate means.

474.325 Effect. This Act shall take effect on January 1, 2013. Any section of this Act being held invalid as to any person or circumstance shall not affect the application of any other section of this Act that can be given full or partial effect without the invalid section or application.

If any law or entity of any type whatsoever is held to impede this chapter’s full effect, unimpeded provisions shall remain in effect and the impeded provisions shall regain effect upon the impediments removal.  

  Here we go:

The identity of anyone who applies for an OCC license will not be public knowledge.  This is necessary to protect applicants and licensees from Federal prosecution.

The law makes it the duty of the Attorney General to defend this Act.  This insures that the state's top law enforcement official will enforce and protect the will of the people of Oregon against Federal challenges.

The law will go into effect on January 1, 2013, and if any part of the law is ruled unenforceable, those parts of the law that are enforceable will go into effect.

Finally, if any law or entity keeps any part of this law from going into effect, the parts of the law that are not being challenged will still go into effect. 

Anyone too stoned to do something shouldn't do it--Measure 80 part 26

  We're almost done with the entire text of Measure 80.  This section states that evidence of cannabis impairment are to be considered grounds to presume negligence:

474.215 Presumption of negligence. In civil cases, a rebuttable presumption of negligence shall arise upon clear and convincing evidence that a person is found to be impaired by cannabis at the time of an accident and if the person’s actions materially contributed to the cause of injury.

What it boils down to:  Anyone who gets too high to do something but then does it anyway can be held responsible for their actions in a court of law, and if it can be proven that someone was impaired by cannabis at the time of an accident, then that person will be presumed negligent and have to prove him or herself otherwise.

Luckily the Measure provides funding for research into scientifically determining reliable standards for demonstrating cannabis impairment, so that law enforcement will have a reliable standard and patients can be protected from wrongful prosecution.

OCC Funded Scientific Studies--Measure 80 part 25

   This section of the text of Measure 80 discusses the types of scientific studies that the OCC will fund:

474.205 Commission to study methods of use, potential for abuse, establish cannabis levels for presumption of impairment. The commission, in consultation with the Board of Pharmacy and by grants to accredited research facilities, shall:

(a) Study methods of use and the potential for, and ill effects of, abuse of cannabis, the possible damage of throat and lungs from inhaling cannabis smoke, less harmful methods of administration, including but not limited to filtration of smoke and non-combustive vaporization of the psychoactive agents in cannabis, and shall report its findings in pamphlets distributed at OCC stores; and,

(b) Study cannabis impairment and, if practicable, shall establish by rule levels of cannabinoids and impairment above which a person shall be presumed impaired.

  In plain English, the OCC will provide grants to independent, accredited research facilities to determine the health effects of cannabis use and establish levels of impairment.  These studies will:

(a) Study the effects of cannabis smoke on the throat and lungs and whether vaporization and other methods of intake are less harmful.  These findings will be published in pamphlets to be available in OCC stores.

(b) Establish whether or not there is a level of cannabinoids in the bloodstream above which a person should not be driving or otherwise undertaking serious responsibilities.  If there is, the OCC will seek for such a limit will be put into place.

  So Measure 80 insures that some of the money made from cannabis transactions will fund the research necessary to provide cannabis consumers with objective, scientifically-determined information about the health risks associated with smoking pot, as well as research to establish how much effect levels of THC have on driving ability and decision-making skills. 

Penalties for breaking this law--Measure 80 part 24

  After a bit of laziness, back to the text of Measure 80, where we have reached the point in which penalties for breaking this law are spelled out:

474.115 Unlicensed cultivation for sale, removal from the state, penalties. Cultivation for sale, removal from the state for sale, and sale of cannabis, without commission authority, shall be Class C felonies, and removal from the state of cannabis for other than sale shall be a Class A misdemeanor.

474.125 Sale or provision to minors, penalties, exception. The sale of cannabis to minors shall be a Class B felony, and gratuitous provision of cannabis to minors shall be a Class A misdemeanor, except when to a minor over 18 years of age under the same conditions provided by ORS 471.030(1) for alcohol.

474.135 Fine as additional penalty. In addition to other penalties and in lieu of any civil remedy, conviction of sale or unlicensed cultivation for sale under ORS 474.115 or 474.125 shall be punishable by a fine which the court shall determine will deprive an offender of any profits from the criminal activity.

474.145 Acquisition by minors, penalty. Except as provided by ORS 474.125, the purchase, attempt to purchase, possession, or acquisition of cannabis by a person under 21 years of age shall be a violation punishable by a fine of not more than $250.

474.155 Public consumption prohibited, penalty, exception. Except where prominent signs permit and minors are neither admitted nor employed, public consumption of cannabis shall be a violation punishable by a fine of not more than $250.

Selling cannabis without an OCC license will be a Class C felony, with a maximum 5 year sentence and/or $125,000 fine.  Unauthorized removal of marijuana from the state without intent to sell will be a Class A misdemeanor, with a maximum 1 year sentence and/or $6250 fine.

Selling cannabis to minors will be a Class B felony, with a maximum 10 year sentence and/or $250,000 fine.  Giving cannabis to a minor for free will be a class A misdemeanor, with a maximum 1 year sentence and/or $6250 fine, except when given to a minor over 18, when penalties will be the same as those for providing alcohol to minors over 18.

Additional fines will be assessed to deprive offender of any profits they have made through illegal sales.

Underage attempts to purchase cannabis will be subject to a fine of not more than $250.

Smoking pot in public will be illegal unless signs have been posted in a place where minors are not employed or otherwise allowed to enter.  The fine for this infraction will be $250 or less.

OCC May Limit Purchases--Measure 80 part 23

  This section of the text of Measure 80 gives the OCC the ability to set limits on how much cannabis a person can buy:

474.105 Commission may limit purchases. The commission may limit the quantity of cannabis purchased by a person at one time or over any length of time and may refuse to sell cannabis to any person who violates this chapter’s provisions or abuses cannabis within the meaning of ORS 474.005(1).

   This gives the OCC discretion to set limits on how much cannabis a person can buy at one time or over the course of some other length of time.  Possible reasons for establishing such limits include preventing illegal resale and interstate traffic.  It also gives OCC store operators the right to refuse to sell cannabis to anyone who has illegally resold cannabis, provided cannabis to minors, or otherwise broken this law, and/or to anyone who is known to abuse cannabis (as defined here).

Standards of purity & potency--Measure 80 part 22

  The next section of the text of Measure 80 discusses the OCC's responsibility to make sure that cannabis is pure and that consumers know how potent it is:

474.095 Commission to set standards, test purity, grade potency of cannabis, label contents.

(1) The commission, in consultation with the State Board of Pharmacy, shall set standards which the commission shall apply:

(a) To test and reject cannabis containing adulterants in concentrations known to harm people; and,

(b) To grade cannabis potency by measuring the concentrations of psychoactive cannabinoids it contains.

(2) The commission shall affix to cannabis packages a label which shall bear the state seal, a certification of purity, a grade of potency, the date of harvest, a warning as to the potential for abuse, and notice of laws prohibiting resale, removal from the state, public consumption, and provision and sale to minors.

  As I understand it, this means that the OCC will:

(1) Consult with the State Board of pharmacy and determine standards:

(a) For testing cannabis to be sure that it does not contain unhealthy levels of mold, pesticide residue, etc. and to reject cannabis that is not up to these standards.

(b) For determining how psychoactively potent cannabis and cannabis products are and to grade them accordingly.

(2) Make sure all cannabis products carry an official label with certification of purity, grade of potency, date of harvest, and warnings about abuse potential and reminding that it is against the law to resell the cannabis, take it out of Oregon, consume it in public, or to provide it to those under 21.

This portion of the law ensures that adults will know how strong the cannabis they buy is and that it is safe to use.

Establishing psychoactive concentrations--Measure 80 part 21

  The next part of the text of Measure 80 mandates that the OCC establish psychoactive concentrations of cannabinoids to distinguish between hemp and cannabis:

474.085 Commission to establish psychoactive concentrations of cannabinoids. The commission, based on findings made in consultation with the Board of Pharmacy and cannabis and hemp farmers to cannabinoid concentrations which produce psychoactivity, the economics of residual cannabis extraction, and strains of hemp that produce better quality and quantity of fiber, protein and oil, shall establish reasonable concentrations of cannabinoids deemed psychoactive under this chapter.

  This means that the OCC will consult with the Oregon Board of Pharmacy and establish what concentrations of THC or other psychoactive cannabinoids indicate that a plant should be considered recreational cannabis rather than industrial hemp.  The point of establishing these limits is to protect hemp farmers who grow acres of plants from being accused of growing cannabis to sell to recreational users.

1% of Money for Honest Drug Abuse Education-- Measure 80 part 20

  This part of the text of Measure 80 tells how the final 1% of the OCC profits will be spent on honest drug abuse education in public schools:

(e) One percent shall be distributed to the state’s school districts, appropriated by enrollment, and shall be continually appropriated to fund a drug education program which shall:

(I) Emphasize a citizen’s rights and duties under our social compact and to explain to students how drug abusers might injure the rights of others by failing to fulfill such duties;

(II) Persuade students to decline to consume psychoactive substances by providing them with accurate information about the threat these drugs pose to their mental and physical development; and,

(III) Persuade students that if, as adults, they choose to consume psychoactive substances, they must nevertheless responsibly fulfill all duties they owe others.

  So, then, 1% of the OCC profits will be given to school districts all across Oregon to fund an honest approach to drug abuse education in public schools.  This program is intended to:

(I) Emphasize that as members of a free society, we all have individual rights, but we also have the responsibility to respect the rights and needs of others and that abusing any drug can prevent a person from honoring that responsibility.

(II) Discourage drug use by providing accurate information that is not presented through propagandistic scare tactics, but which instead frankly presents the effects that drug use can pose to mental and physical development.

(III) Try to convince students that, when they are adults, if they decide to use psychoactive substances, they should conscientiously consider how this affects themselves and their relationships with others.

Where's the money go part 3--Measure 80 part 19

  The next bit of the text of Measure 80 talks about how the money that does not need to be spent to keep the OCC running will benefit the state:

(3) All money remaining in the cannabis account after reimbursement of the related commission and Attorney General costs shall be profits which the State Treasurer shall distribute quarterly as follows:

(a) Ninety percent shall be credited to the state’s general fund to finance state programs.

(b) Seven percent shall be credited to the Department of Human Resources and shall be continually appropriated to fund various drug abuse treatment programs on demand.

(c) One percent shall be credited to create and fund an agricultural state committee for the promotion of Oregon hemp fiber, protein and oil crops and associated industries. This new state committee shall be named the “Oregon Hemp Fiber and Food Committee.”

(d) One percent shall be credited to create and fund an agricultural state committee to develop and promote biodiesel fuel production from hemp seeds. This new state committee shall be named the “Oregon Hemp Biodiesel Committee.”

  So, the OCC income that does not have to be spent on operating costs or legal defense for those carrying out the law will be distributed every three months for the following purposes:

(a) 90% will go to the state general fund, which is "the most discretionary source of funds that the Governor and Legislature may spend."  That is to say, when the state needs more money for education, road repairs, or any other reason, the general fund is a major source for paying for those needs, and 90 cents of every dollar the OCC makes in profit will go into this fund.

(b) 7% will fund drug abuse treatment programs through the Department of Human Resources.

(c) 1% will be used to promote the use of hemp as food and for industrial purposes.

(d) 1% will be used to promote hemp biodiesel.

Where will the money go (cont'd)?--Measure 80 part 18

  We're continuing with our summary of the text of Measure 80 with part (2) of the description of how the money taken in by the OCC will be dispersed.

(2) All money from the sale of cannabis shall be remitted to the State Treasurer for credit to a cannabis account, from which sufficient money shall be continually appropriated:

(a) To reimburse the commission for the costs of purchasing, processing, testing, grading, shipping, and selling cannabis; of regulating, inspecting, and auditing licensees; and of research studies required by this chapter; and,

(b) To reimburse the Attorney General’s office for costs of enforcing this chapter’s criminal provisions.

(c) To reimburse OCC contractors for their expenses and labor with 15 percent of gross sales.

    The meaning of this is pretty straightforward:

All the money that the OCC takes in will be given to the State Treasurer to put into a cannabis account.  The OCC will be able to access these funds year-round for the following reasons:

(a) To pay for operating costs, including testing for quality, background checks on people who want licenses, and the cannabis research required by this law.

(b) To pay back the State Attorney General for costs related to enforcing this law.

(c)  To pay out to OCC retail stores 15% of their gross sales.

Where will the money go?--Measure 80 part 17

  The next section of the text of Measure 80 concerns how the money that the OCC takes in will be spent.  It's broken up into 3 sections, and we'll do section 1 tonight.

474.075 Disposition of license fees and profits from sale of cannabis by state.

(1) The commission shall collect license fees which shall be calculated and continually appropriated to defray the commission’s administrative costs of issuing licenses under this chapter and the Attorney General’s costs of litigation in defense of the validity of this chapter’s provisions and in defense of persons subjected to criminal or civil liability for actions licensed or required under this chapter.

  This basically says that the money that the OCC takes in for licensing fees will be used to cover administrative costs and to provide Oregon's Attorney General with funds to defend the law against challenges from the Federal Government and/or to defend individuals who are arrested or sued for carrying out this law.

Vote Yes on Measure 80

Who can legally buy & grow?--Measure 80 part 16

  The next section of the text of Measure 80 lists the qualifications necessary to purchase, cultivate or process cannabis.

474.065 Qualifications of purchasers and licensees, effect of conviction.

(1) To be qualified to purchase, cultivate, or process cannabis, a person must be over 21 years of age and not have been convicted of sale of cannabis to minors or convicted under this chapter of unlicensed cultivation or sale of cannabis.

(2) Conviction for cultivation or sale of cannabis to other than minors, when committed prior to the effective date of this chapter, shall not be grounds for denial of an application for a license under this chapter.

(3) The cultivation and possession of cannabis for personal, noncommercial use by an adult shall not require a license nor registration.

  As I understand it:

(1) Anyone over 21 who has not been convicted of illegally growing or selling cannabis will be allowed to buy weed in OCC stores.

(2) Unless the offense involved selling to minors, a conviction for growing or selling cannabis that took place before Measure 80 goes into effect will not disqualify an adult from obtaining on OCC License.  

(3) Anyone over 21 will be allowed to grow their own cannabis for personal use WITHOUT a license or registration.

Vote Yes on Measure 80

OCC Stores--Measure 80 part 15

  The next section of the text of Measure 80 is about how the OCC will sell the cannabis that has been purchased from licensed growers.

474.055 Commission to set price and sell through OCC stores. The commission shall sell cannabis through OCC stores and shall set the retail price of cannabis to generate profits for revenue to be applied to the purposes noted in ORS chapter 474 and to minimize incentives to purchase cannabis elsewhere or to purchase cannabis for resale or for removal to other states.

  OCC stores will function like liquor stores to provide adults over 21 a place to purchase cannabis legally.  They will set up a reasonable pricing system that covers expenses and provides money for cannabis research, drug abuse prevention and the state's General Fund.  The price will have to be such that there is no good reason to buy cannabis from another source nor to traffic it out of state.

Vote Yes on Measure 80

Medical Cannabis Sold at Cost--Measure 80 part 14

  The next section of the text of Measure 80 establishes that cannabis used to treat medical conditions or used in medical research will be sold at cost to patients and recognized Oregon medical research facilities:

474.045 Commission to sell cannabis at cost for medical purposes. The Commission shall sell cannabis at cost, including OCC expenses:

(a) To Oregon and other states’ pharmacies and OCC stores for use under a physician’s order for glaucoma, nausea related to chemotherapy, AIDS, or any other condition for which a physician finds cannabis to be an effective treatment; and,

(b) To recognized Oregon medical research facilities for use in research directed toward expanding medical and sociological knowledge of the composition, effects, uses, and abuse of cannabis, to include studies of cannabis purchasers voluntarily participating through OCC stores under ORS 474.055.

  This means:

(a) Patients who use cannabis under a doctor's order will pay substantially less for cannabis than recreational users.

(b) Medical research facilities in Oregon will be encouraged to do legitimate research on the effects of cannabis use, and cannabis consumers will be given the opportunity to volunteer to participate in research studies about cannabis.

  If Measure 80 passes, Oregon will have the opportunity to become a premier research center for medical marijuana, which some have called "The Miracle Drug of the 21st Century," and researchers will be encouraged to pursue objective studies into the effects of cannabis on users not subject to the paranoia-inducing effects of prohibition.

Vote Yes on Measure 80

Powers & Duties of the OCC--Measure 80 part 13

  I was unable to post on the blog for the past couple of days because of Hempstalk, where I got to see the new "Yes on Measure 80" lawn signs, which I am very excited about.

  The next section of the text of Measure 80 lists the powers and duties of the Oregon Cannabis Commission (OCC): 

474.035 Powers and duties of the commission, licenses for cultivation and processing. Hemp fiber, protein, oil not regulated.

(1) The commission shall have the powers necessary to carry out the provisions of this chapter. It shall make such rules and regulations as will discourage and minimize the diversion of cannabis to illicit sale or use within the state, the illicit importation and sale of cannabis cultivated or processed outside the state, and the illicit export or removal of cannabis from the state. The commission’s jurisdiction shall extend to any person licensed under this chapter to cultivate or process cannabis, but shall not extend to any person who manufactures products from hemp. Hemp production for fiber, protein and oil shall be allowed without regulation, license nor fee. No federal license shall be required to cultivate hemp in Oregon.

(2) The commission shall issue to any qualified applicant a license to cultivate cannabis for sale to the commission. The license shall specify the areas, plots, and extent of lands to be cultivated. The commission shall equitably apportion the purchase of cannabis among all licensees. The commission shall purchase and sell cannabis products of the quality and grade set by market demand.

(3) The commission shall issue licenses to process cannabis to qualified applicants who submit successful bids. Licensed processors shall, as specified by the commission, contract, cure, extract, refine, mix, and package the entire cannabis crop and deliver it to the commission’s physical possession as soon as possible, but not later than four months after harvest.

  So, here goes:

(1) The OCC will make rules and regulations to discourage black markets for cannabis and will be granted the powers to carry them out.  The OCC will NOT regulate industrial hemp, which anyone will be allowed to grow in Oregon without getting a license or paying a fee of any kind.  This also gets rid of the need for a federal license to grow industrial hemp.

(2) People who would like to grow cannabis and sell it, will have to sell it to the OCC.  The OCC will issue licenses that say where the cannabis will be grown and, not play favorites among growers whose buds and meet the standards that the market demands.

(3) The OCC will also grant licenses to processors who would like to produce tinctures, salves, medibles, etc., and the processors will also have to sell their product to the OCC.

The purpose of the Oregon Cannabis Tax Act--Measure 80 part 12

  This is another pretty self-explanatory section of the text of Measure 80, which tells us the general intention of this new law.

474.015 Short Title. This chapter may be cited as the “Oregon Cannabis Tax Act.”

474.025 Purpose of the Oregon Cannabis Tax Act. This chapter shall be liberally construed so as to minimize the misuse and abuse of cannabis; to prevent the illicit sale or provision of cannabis to minors; and to protect the peace, safety, and happiness of Oregonians while preserving the largest measure of liberty consistent with the above purposes.

  So what's the point of Measure 80?  The goal is to reduce cannabis abuse and misuse, keep cannabis out of the hands of minors, and to protect our peace, safety and happiness while maintaining our freedom.

The "Oregon Cannabis Tax Act": Some Definitions--Measure 80 part 11

  This section of the text of Measure 80 just gives definitions, so it is pretty self-explanatory.

Section 3. This Act, in Section 4, creates an ORS chapter 474 titled the “Oregon Cannabis Tax Act.” Legislative Counsel shall move and renumber existing provisions of chapter 474.

Section 4. 474.005 Definitions. As used in this chapter:

(1) “Abuse” means repetitive or excessive drug use such that the individual fails to fulfill a statutory or common law duty, including but not limited to the duties owed by parents to children, by motorists to pedestrians and other motorists, and by employees to employers, fellow employees, and the public.

(2) “Cannabis” means the flowering tops and all parts, derivatives, or preparations of the cannabis plant, also known as “marijuana,” containing cannabinoids in concentrations established by the commission to be psychoactive, but does not include “hemp” as defined by ORS 474.005(5).

(3) “Commission” means the the Oregon Cannabis Commission, or OCC.

(4) “Cultivation” means growing the cannabis plant.

(5) “Hemp” means the seeds, stems, and stalks of the cannabis plant, and all other parts, products, and byproducts of the cannabis plant not containing cannabinoids in concentrations established by the commission to be psychoactive. Seeds and starts of all varieties of cannabis shall be considered hemp.

Vote Yes on Measure 80

Creation of the Oregon Cannabis Commission--Measure 80 part 10

Just 9 weeks from now we'll know whether the people of Oregon are willing to take a huge step forward and pass Measure 80 to legalize hemp and cannabis.  Our summary of the text of Measure 80 continues with the creation of the Oregon Cannabis Commission:

Section 2. A new state commission is hereby created and shall be named the Oregon Cannabis Commission, or the OCC. The OCC shall regulate the sale of cannabis and cultivation of cannabis for sale and shall assure the high quality of cannabis grown and processed under this Act. The OCC shall consist of seven commissioners. Initially, seven commissioners shall be appointed by the Governor before December 31, 2012 for a term of one year and they shall promulgate administrative rules, create systems and begin licensing applicants by February 28, 2013. Thereafter, five commissioners shall be elected at large by growers and processors licensed under ORS 474.035 for a term of one year, and two commissioners shall be appointed by the Governor for a term of two years. The OCC shall work to promote Oregon cannabis products in all legal national and international markets.

The OCC will be a new state commission in charge of regulating cannabis sales and cultivation.  One of its chief goals being to ensure the quality of cannabis grown meets an accepted high standard.  It will consist of seven commissioners and will spend two months developing the systems to put the new law into practice and begin issuing licenses by February 28, 2013.

The first seven commissioners will be appointed by the Governor before December 31, 2012, after the first year, two commissioners will be appointed by the Governor for 2 year terms and five commissioners will be elected by licensed growers and processors.

Vote Yes on Measure 80

No changes to OMMA or DUII laws--Measure 80 summary part 9

  We've reached the point in the text of Measure 80 where the proposed changes to current law begin to be enumerated: 

Wherefore, be it enacted by the people of the state of Oregon, the laws relating to cannabis are revised as follows:

Section 1. This Act shall operate uniformly throughout Oregon and fully replace and supersede all statutes, municipal charter enactments, and local ordinances relating to cannabis, except those relating to operating a motor vehicle while intoxicated and the Oregon Medical Marijuana Act. This Act is a scientific experiment by the people of the state of Oregon to lower the misuse of, illicit traffic in and harm associated with cannabis and will set up voluntary studies of cannabis users under ORS 474.045 (b) and other studies.

  This means that if this law passes, it will change ALL state and local laws regarding cannabis EXCEPT DUII laws, and the OMMA.  So patients, caregivers and growers will retain the rights and privileges we have now under OMMA, and no changes are being made to current laws regarding driving under the influence.  

Vote Yes on Measure 80.

Prohibition is expensive; regulation will grow our economy--Measure 80 part 8

  Now that the text of Measure 80 has listed so many things wrong with cannabis prohibition, what does it suggest we do about them?

Therefore, the people find that the constitutional ends of justice, order, and the perpetuation of liberty; the governmental purposes of preserving the peace, safety, and happiness of the people; and the vitality of the other constitutional provisions cited above, demand the replacement of a costly, self-defeating prohibition with regulatory laws controlling cannabis cultivation, potency, sale, and use; defining and prohibiting cannabis abuse; protecting children with a comprehensive drug education program and strict penalties for the sale or provision of cannabis to minors; funding state drug abuse treatment programs; promoting Oregon hemp for fuel, fiber and food; and raising substantial revenue for public use.

  My translation:  So, let's replace cannabis prohibition, which is not only expensive, but also ineffective, with laws that actually work and produce economic benefits for Oregon and its citizens.

Vote Yes on Measure 80

Negative effects on personal liberty--Measure 80 part 7

  The next bit is a bit long and uses some arcane vocabulary (for some of which I've linked to wiktionary definitions), but it is really just an outline of the detrimental effects cannabis prohibition has on the rights and freedoms of Oregon citizens, and why it stands in violation of the Oregon Constitution:

Whereas the people hold that cannabis prohibition is a sumptuary law of a nature repugnant to our constitution’s framers and which is so unreasonable and liberticidal as to:

(a) Arbitrarily violate the rights of cannabis users to be secure against unreasonable search and seizure as guaranteed to them by Article 1, Section 9 of the Oregon Constitution;

(b) Unreasonably impose felony burdens on the cannabis users while the state grants special privileges to alcohol users, which violates Article 1, Section 20 of the Oregon Constitution;

(c) Unnecessarily proscribe consumption of a “herb bearing seed” given to humanity in Genesis 1:29, thereby violating their unqualified religious rights under Article 1, Section 3 and their Natural Rights under Article 1, Section 33 of the Oregon Constitution;

(d) Violates the individual’s right to privacy and numerous other Natural and Constitutional Rights reserved to the people under Article 1, Section 33 of the Oregon Constitution;

(e) Violates the state’s right to regulate and tax commerce within the state, as reserved to states under the 10th Amendment of the U.S. Constitution, thereby abdicating control to illicit markets; and,

(f) Irrationally subvert the ends to which, in its Preamble, the Oregon Constitution was ordained and the purposes, in Article 1, Section 1, for which our government was instituted; now,

  By voting this into law, Oregon citizens are showing that we believe cannabis prohibition is inhibiting freedoms granted to us by the Oregon Constitution.

     (a) Because cannabis users are subject to unreasonable serach and seizure.

     (b) Article 1, Section 20 reads, in full:  "No law shall be passed granting to any citizen or class of 

          citizens privileges, or immunities, which, upon the same terms, shall not equally belong to all 

          citizens."  Adults over 21 who choose to use alcohol recreationally are afforded a privilege that

          is not given to adults over 21 who choose to use cannabis recreationally.

     (c & d) Article 1, Section 33 reads, in full: "This enumeration of rights, and privileges shall not be 

          construed to impair or deny others retained by the people."  There are no laws banning the use 

          of basil or thyme, because they are natural plants.  How can a naturally occuring plant be 

          illegal?  Also, what a person chooses to ingest is nobody's business but his or her own.

     (e)  According to the 10th Amendment of the US Constitution, the state of Oregon gets to decide 

           what gets bought and sold within Oregon's borders.

     (f)  The Preamble to the Oregon Constitution reads, in full: "We the people of the State of Oregon 

           to the end that Justice be established, order maintained, and liberty perpetuated, do ordain this 

           Constitution."  Cannabis prohibition subverts justice, breeds chaos and cuts short liberty.

Vote Yes on Measure 80 

Lessons from alcohol prohibition--Measure 80 part 6

  10 weeks from now the votes will be counted and hopefully we will have achieved our goal and legalized hemp and cannabis here in Oregon.  Let's continue the summary of what's in the text of Measure 80:

Whereas, the people recall that alcohol prohibition had caused many of the same social ills before being replaced by regulatory laws which, ever since, have granted alcohol users the privilege of buying alcohol from state licensees, imposed strict penalties protecting children, delivered alcohol of sure potency, and generated substantial public revenues; and,

  Luckily, this bit is about as straightforward as you can get.  The repeal of alcohol prohibition brought an end to gangsterism and violence and generated revenue from alcohol use instead of wasting it trying to stop it.  Furthermore, illegal drug dealers do not ask for ID or provide reliable information about the potency and purity of the product they provide, but anyone who wants to sell cannabis legally will be responsible to the law if they want to maintain their license.

Prohibition doesn't solve problems, it causes them--Measure 80 summary part 5

  The next section of the text of Measure 80 discusses problems caused by cannabis prohibition.

Whereas the people of the State of Oregon find that cannabis does not cause the social ills that its prohibition was intended to guard against; rather, that most of the social ills attributed to cannabis result from its unreasonable prohibition which:

(a) Provides incentives to traffic in marijuana instead of limiting its prevalence, since almost all cannabis users evade the prohibition, even though drastically expanding public safety budgets have reduced funding for other vital services such as education;

(b) Fosters a black market that exploits children, provides an economic subsidy for gangs, and sells cannabis of questionable purity and uncertain potency;

(c) Generates enormous, untaxed, illicit profits that debase our economy and corrupt our justice system; and,

(d) Wastes police resources, clogs our courts, and drains the public budget to no good effect; and,

  This basically means that because of cannabis prohibition, a substance that is relatively cheap to grow can be sold for huge profits through black market trafficking, which leads to several negative effects:

     (a)  Cannabis is only worth a lot of money because it is an illegal substance.  Allowing it to be 

            legal and cheap would remove the economic incentive for illegal trafficking. 

     (b)  In a black market, there is no incentive NOT to sell to minors, the profits are often used for 
            more nefarious purposes, and there is no guarantee that the product sold is what the seller 
            claims.
    

     (c)  Black markets are not subject to taxes

     (d)  Police spend time pursuing nonviolent "offenders" who then clog up the courts.

Vote Yes on Measure 80

The science is on our side: Measure 80 part 4

  The next portion of the text of Measure 80 lists facts from scientific studies that have been noted by various state courts, and which support the argument that cannabis should be legal.

Whereas the people find that, despite misinformation concocted to justify cannabis prohibition, the courts of Alaska, Hawaii and Michigan have noted presidential commission findings, scientific studies, and learned treatises which:

(a) Characterize cannabis as a relatively nonaddictive and comparatively harmless euphoriant used and cultivated for more than 10,000 years without a single lethal overdose;

(b) Demonstrate that moderate cannabis use causes very little impairment of psychomotor functions; reveal no significant physical, biochemical, or mental abnormalities attributable solely to cannabis use; and that long-term, heavy cannabis users do not deviate significantly from their social peers in terms of mental function;

(c) Disprove the “stepping stone” or “gateway drug” argument that cannabis use leads to other drugs; rather, that lies taught about cannabis, once discovered, destroy the credibility of valid educational messages about moderate and responsible use and valid warnings against other truly dangerous drugs;

(d) Indicate that cannabis users are less likely to commit violent acts than alcohol users, refute the argument that cannabis causes criminal behavior, and suggest that most users avoid aggressive behavior, even in the face of provocation; and

(e) Declare that cannabis use does not constitute a public health problem of any significant dimension; finds no rational basis for treating cannabis as more dangerous than alcohol; and

  Basically, this says that state courts have noted studies which show the following:

     (a)  Cannabis is less addictive than caffeine and there is no known lethal overdose.

     (b)  Moderate cannabis users are functional members of society, and even long-term, heavy users  

            tend to perform as well on tests of mental function as others in their age range.

     (c)  Cannabis is not a gateway drug, but is, in fact, useful as an "exit drug" to help addicts manage

            withdrawal and successfully maintain recovery; if we tell kids that cannabis is dangerous and

            they try it and find out that it's not, they are more likely to believe that the dangers of heroin

            have been overstated as well.

     (d)  People who use cannabis tend to seek peaceful resolutions to problems and to respect the 

            rights and property of others.

     (e)  By any measure, cannabis is safer than alcohol.

Vote Yes on Measure 80 

Already our biggest cash crop--Measure 80 part 3

   The third point of justification for the proposed law is stated very succinctly in the next section of Measure 80:

Whereas the people find that cannabis is Oregon’s largest cash crop, indicating that cannabis prohibition has failed; and,

  That's right.  Cannabis is already Oregon's biggest cash crop--but, except for the money paid by patients into the OMMP program, the state is not benefiting financially from the fruits of some of our finest farmers.  Measure 80 will not only allow cannabis sales to be taxed and regulated, but it will also enable Oregon's farmers to start growing industrial hemp, the benefits of which were mentioned at the opening of the Measure.

  Cannabis prohibition has failed, and Oregon can help lead the way out.

Vote Yes on Measure 80.