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