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.