The 2015 Oregon legislative session is in the books as the Legislative Assembly adjourned Sine Die July 6, at 6:04 PM this evening. It has been an eventful legislative session for the Oregon cannabis community, with some good changes to our marijuana laws, some bad, and some ugly. The most sweeping piece of legislation was House Bill 3400, which altered the voter-approved Measure 91 legalization initiative in key ways while also impacting the Oregon Medical Marijuana Program (OMMP) as well. House Bill 3400 passed both chambers of the legislature handedly with broad bipartisan support and was signed into law by Governor Kate Brown.

A breakdown of House Bill 3400:

The Good:

• Unlawful delivery and unlawful possession: reduced from a Class C felony to a Class A misdemeanor.
• Unlawful manufacturing and unlawful delivery to a minor: reduced from a Class B felony to a Class C felony.
• Unlawful possession by a minor of more than 8 ounces of usable marijuana; more than 16 ounces of solid marijuana products; or more than 72 ounces of marijuana in liquid form: reduced from a Class C felony to a Class A Misdemeanor.
• Retroactively improving the record of past marijuana offenses. Those convicted of harsh punishment in the past may be set aside their old convictions to match the lower classification.
• Expungement of convictions for unlawful manufacturing and delivery to a minor: changed from ineligible for expungement to eligible after 3 years.
• Possession limits from medical growers increased: 12 pounds per plant for outdoor growers, 6 pounds per plant for indoor cultivators.
• Medical growers may be reimbursed for all of the costs associated with the production of marijuana, instead of just supplies and utilities.

The Bad:

• Starting on March 1, 2016, no residential grow site within city limits may cultivate more than 12 mature plants. This effectively reduces the number of patients at two. Previously every grower could cultivate for four patients (24 mature plants) and there wasn’t a limit on how many growers could be listed at each grow site. Grow sites growing more than 12 plants in urban residential areas as of January 1, 2015, are grandfathered up to 24; sites growing more than 48 in non-urban residential areas are grandfathered up to 96 plants.
• Starting on March 1, 2016, no non-residential grow site may cultivate more than 48 mature plants. This effectively reduces the number of patients at these grow sites to 8.
• Potential inspections from the Oregon Health Authority that can infringe on people’s constitutional rights to privacy in their home.
• Growers must report plant numbers, harvest totals and all disbursement to the OHA.
• Local tax option of 3% is also contrary to the will of Oregon voters and will push the price of cannabis up higher, hurting the  ability for the regulated system to compete with the unregulated system.

The ugly:

• Hundreds, if not thousands of sick and disabled patients will lose their grower and supply of medicine due to the new grow site plant limits. Many growers will lose the ability to cultivate for as many patients do to new limits being put in place and a lot of growers will balk at the new inspection and reporting requirements. If patient plant numbers weren’t limited, compassionate growers would be able to swoop up those patients; but, because of the bad provisions in HB 3400, too many patients that lose their growers will now suffer.
• Cities and counties that didn’t support Measure 91 with at least 45% of the vote can ban medical marijuana dispensaries as well as retail , retailers, growers and processors without a vote of the public. This local banning provision is contrary to the will of the voters that passed Measure 91 and is a bad policy that will only hurt patients’ safe access to medicine and the state’s attempt to curtail the unregulated market.

Senate Bill 460, approved by the Oregon Legislature, awaits Governor Kate Brown’s signature. If signed by Governor Brown SB 460 will allow existing medical marijuana dispensaries to sell 7 grams of flower to adults over the age of 21, from October 1, 2015, to December 31, 2016. Non-patients will not be able to by other marijuana products, such as concentrates, extracts and infused edibles. Non-patients will be able to purchase marijuana tax-free until January 4th, 2016, then a 25% retail tax kicks in; patients will continue to be able to  buy medical marijuana tax-free.

Senate Bill 844, has been passed by the Oregon Legislature and now awaits Governor Brown’s signature. House Bill 844 applies the same expungement provisions that adults enjoy to juveniles; establishes a medical marijuana research task force; prohibits Oregon hospitals from denying transplants solely because of patients’ OMMP status; allows for hospice and residential care facilities to be added as an additional caregiver for patients; and adds the diagnosis of “a degenerative or pervasive neurological condition.” The adding of neurological conditions allows patients with Parkinson’s, ALS, lyme disease and even autism to qualify as an OMMP patient.

It was a shame that the OMMP was altered unnecessarily before Measure 91 was implemented and that M91 was amended in some unfortunate ways this legislative session. However, as it often is for the cannabis community, it was two steps forward and one step back this legislative session. Thousands of nonviolent marijuana law offenders will have their lives greatly improved do the the changes and Oregon will start creating jobs and generating revenue earlier than expected. Also, more Oregonians will be able to qualify for the state’s medical program and OMMP patients will no longer be denied medical transplants. Stay tuned to Marijuana Politics as the Oregon legislative session ends and for future alerts and notices as we work to protect and improve Oregon’s marijuana laws in the upcoming years.

Washington State’s marijuana legalization system has had its shares of ups and downs. The Initiative 502 legalization proposal was criticized by many cannabis activists within the Evergreen State and across the country for several reasons and the usual prohibitionists decried that the sky would fall in the Pacific Northwest. Legalizing, regulating and taxing marijuana is hard to get right and is a monumental task that is going to have its share of mistakes. Despite any of the complaints that can be legitimately levied against Washington’s legalization system, supporters of legalization have plenty of reasons to deem the Washington experience a success and they were just bolstered by about $70 million more reasons to urge anyone on the fence to support legalization across the country.

As a civil libertarian and political wonk, my first look at any policy is to consider the freedom and quality of life of individuals. Most important to me, were the decrease in arrests and Washington immediately experienced a huge reduction in marijuana arrests as more than 5,000 arrests a year went down to under 150. After considering the expanded freedom, then I want to next consider how that new freedom impacts the entire community, looking at the crime rate and safety on the roads. Following legalization, highway fatalities haven’t increased and neighborhoods aren’t any more dangerous.

Many voters vote to legalize marijuana because they want to generate more revenue for their state. They understand that there are tax-free sales occurring that don’t go towards any state public services. Washington’s legalization system, with high taxation and high prices, seemed to be a prime candidate to have rather underwhelming sales because the prices are so much higher than the underground market. Well, surprising many, Washington’s marijuana sales brought in $70 million in new tax revenue in just the first year. This new revenue is on top of the law enforcement and judicial savings of not investigating, arresting, prosecuting and jailing people for marijuana. Regardless of any issues the Washington legalization experience has had, the overall benefit to the state has been positive and is one that other states should follow in 2016 and beyond.

Independence Day has arrived in the United States of America and that means barbeques, fireworks, celebrations and memorials all across the nation. This Independence Day might mean a little bit more to millions of people across the country who feel that they are more equal under the eyes of the law, with the United States Supreme Court declaring marriage equality for same-sex couples the law of the land. Many in the cannabis community in Oregon are feeling a bit more free, following Oregon Legalization Day on July 1st. To some, the Fourth of July is melancholy as they feel that celebrating the United States is also celebrating some of our nation’s mistakes and atrocities.

For me, I look at the glass as half-full, thankful to live in a country that has given me great freedom and opportunities and the power to help us garner more freedom. However, I never want to lose sight of the fact that too many people are still marginalized and don’t feel as lucky as I do to live in the United States. The U.S. has done a lot of good, it has done a lot of bad, but it is a young country with the potential to become an even greater country and to help lead the world into an era of more freedom and equality.

The political progress of the cannabis legalization and marriage equality will forever be linked among political activists, just because both causes have risen to national prominence at the same time and the underlying civil rights issues that both encompass. This Independence Day marks the first Fourth of July where gays and lesbians have equal rights to marriage under the United States Constitution. Unfortunately, there are still a few holdouts in conservative states who are doing all they can to undermine the historic United States Supreme Court decision declaring marriage equality across the country. Most LGBT activists also understand that much more still needs to be done. The LGBT community still faces discrimination in housing, employment and generally in our culture. No court decision can bring true equality when discrimination and prejudice against a certain class of people is so embedded in our culture.

The cannabis community in Oregon, Colorado, Washington State, Alaska and Washington, D.C., all locations where marijuana is now legal, can all celebrate greater freedom and equality, but like the LGBT community, still suffers many forms of discrimination that will take more time to end. Employment, educational and housing choices can still be limited to many cannabis consumers. The ability to participate in cannabis commerce is hindered in many parts of the legalized states and completely in Washington, D.C., because of long-standing biases. A culture with years of discrimination against the cannabis community doesn’t change completely overnight, regardless of how overwhelming an electoral victory at the ballot box may be.

Despite the need to still improve our laws and culture, I have great hope for the United States of America and feel that we are on our way to more freedom and more equality across the land. Marijuana will be legal in more states after the 2016 November General Election and each and every day, the LGBT community will be more accepted. Thirty years from now, Americans will look back at the struggles of the LGBT and cannabis communities and will wonder what all the fuss was about and consider those that opposed freedom and equality in the same category of racial segregationists.

Let’s celebrate the fact that we just ushered in more freedom and equality for same-sex couples across the nation and we just allowed more than 3 million Oregon adults to legally utilize cannabis if they so choose, not to mention the more than 60 million adult tourists who visit Oregon every year. We can celebrate how far that we have come, while pledging to do better. On drug policy, we aren’t where Portugal is and on LGBT rights, we are still chasing many countries like Sweden; but we are making progress. We are a young country, and just like a young person, we have made many mistakes, but have so much potential. We have come a long way and will only get better, so long as we remain vigilant to fighting for more freedom and equality each and every day. I’ll strive to continue fighting for more freedom and equality and I know that I’m not alone by any means. Step by step, state by state, until we are all equal and free. Happy Independence Day, America!

The Portland Police, for the most part, have been very sensible on marijuana policy in recent history. Realizing that they have more important issues to tackle, law enforcement, both in the police bureau and district attorney’s office have reasonably concluded that marijuana is a very low law enforcement priority, especially anything resembling personal use that’s not disrupting anyone else. The pragmatism has continued, thankfully and not unexpectedly, into the new era of  legalization in Oregon after July 1st.

First, the Portland Police issued a very Portland-esque visual to help people know how much marijuana adults over 21 can legally possess, comparing mounds of marijuana to the size of a Voodoo donut. Next, came the announcement that Portland law enforcement wasn’t concerned about adults bringing legal amounts of marijuana back from Washington State. And now, the Portland Police have stated that they won’t be ticketing marijuana users at the Waterfront Blues Festival.

OPB reports:

Portland Police Sergeant Pete Simpson says the focus will be on public safety, not writing tickets, “We are relying on the security that’s hired by the event to manage the event appropriately,” he said.

“And for folks that are there that are concerned about it, we’re asking them to contact security and have them address it appropriately. We don’t want people calling 911. These are not emergency situations. If someone is driving a car [while] smoking, that’s a different story.”

Simpson says officers can write tickets for public pot smoking. The fine varies from about $260 to $1,000.

I certainly do not encourage anyone to use marijuana in public or cross state lines with it, but it is encouraging to see that the Portland Police have taken a reasonable stand on the issue. I expect that public smokers in the future, particularly those who are smoking close to minors or garner several complaints, will be ticketed, but it is a public service and a better use of resources to educated the public and prioritize more serious matters. The cannabis community and law enforcement haven’t always seen eye to eye, but it is a great step in the right direction when law enforcement embraces regulation and legalization, instead of lobbying to return to prohibition. Better prioritizing law enforcement resources is one of the major reasons voters supported the Measure 91 legalization measure and thus far the Portland Police are following the will of the voters.

Well, marijuana became legal after July 1st in Oregon and the sky didn’t fall, so the Oregon Legislature has deemed it acceptable for adults to be able to purchase marijuana earlier than expected following the passage of Measure 91 last November. Measure 91 explicitly established a deliberate process that won’t set up marijuana retail outlets for non-medical patients until the middle-to-latter-half of 2016.  Senate Bill 460, allows up to 7 grams of marijuana flower only from existing medical marijuana dispensaries, starting on October 1st. Non-patients won’t be allowed to purchase any marijuana-infused edibles, extracts or concentrates. Senate Bill 460, the so-called “Measure 91 Early Start” bill passed the Oregon House by a vote of 40 to 19 today, sending the proposal onto Governor Kate Brown. The bill had previously passed the Oregon Senate 23 to 6. It seems unlikely that Governor Brown will veto a bill passed handily by the Democratic-controlled legislature.

Senate Bill 460 gives Oregon adults a safe, regulated establishment to acquire cannabis, helping ease Oregonians from the underground market, into the regulated system. From October 1st to January 4, 2016, the marijuana sales will be tax-free. On January 4, 2016, the tax for non-patients will be 25%. The temporary ability for medical marijuana dispensaries, regulated by the Oregon Health Authority (OHA), to sell to non-patients, ends on December 31, 2016. Measure 91 retail stores, regulated by the Oregon Liquor Control Commission (OLCC), won’t be up and operating until July 1, 2016, at the earliest and most likely won’t be open until October 1, 2016. There will be a 17% statewide tax in the OLCC-regulated stores, while localities will be able to impose an additional 3% local tax. House Bill 3400, included a voluntary medical marijuana opt-in provision that will allow medical growers to provide marijuana to OLCC-regulated stores, providing medical patients a tax-free option in the OLCC stores as well.

Senate Bill 460, was ironically championed by Republican Senator Ted Ferrioli, who also championed the ability of cities and counties that didn’t support Measure 91 to ban marijuana businesses without a vote of the people. While I didn’t support the local banning provision, Senator Ferrioli should be commended for successfully advocating for a way for law-abiding cannabis consumers to have safe access thru state-regulated stores. Law-abiding adults won’t have to worry about breaking the law or depending upon the generosity of others on October 1st, if Governor Brown signs SB 460 as expected. While the 25% tax that kicks in on January 4th is a bit high, it still is much better than Washington’s tax and just under the effective tax rate in Colorado, even with Colorado decreasing the state marijuana sales tax by 2% to better compete with the underground market.

I will never forget discussing the early start idea with Sen. Ferrioli at the beginning of the session, thinking that the proposal was a long-shot that would need a lot of things to break the right way to pass the full Oregon Legislature. During several low points in the session, the early start seemed dead. Then, all of a sudden, thanks to the hard work of many, bipartisan compromises starting being made and the early start was revived. Marijuana policy seems to be one of the few issues that Republicans and Democrats can agree on these days as it has become apparent that legalizing, regulating and taxing marijuana is a much better policy than prohibition. I thank all of the legislators that passed this bill and, so long as Governor Brown signs Senate Bill 460, the entire Oregon tourism market will start seeing a nice boost after October 1st.

The countdown to Oregon’s Legalization Day has come and gone, as well as the first public party, organized by Portland NORML Executive Director (and Marijuana Politics blogger) Russ Belville and Oregonians are waking up to a day that has been more than 9 decades in the making. Some, are simply ecstatic with the new laws. Others have mixed feelings as they aren’t pleased by changes made to the Measure 91 legalization law and the Oregon Medical Marijuana Program (OMMP) by legislators. Some could even be classified as “Debbie Downers” and are saying “So What?“. Some of us are in-between–very happy with the progress that has been made, celebrating the monumental achievement of legalizing marijuana, but also acknowledging that more progress needs to be made regarding cannabis laws and the greater Drug War.

Marijuana Is Legal In Oregon: What’s Next?

First up, for most of us anyway, is celebrating. Thousands of people joined the Portland NORML celebration on the Burnside Bridge last night to revel in the state’s newfound freedom and for the photo-ops in front of the “Portland, Oregon” sign. Portland, has long been tolerant of the cannabis community, and with full legalization, will rival Denver, San Francisco, Oakland, Amsterdam, Vancouver, or any other city as the most cannabis friendly city in the world. The celebration was so big in Portland last night, that #BurnsideBurn was trending on Twitter and “Burnside Bridge” was trending on Facebook.

Many advocates decry the public consumption and party, rightfully concerned about the optics of people immediately violating the law and how the scene of public smoking can cause a backlash with folks that may be on the fence regarding marijuana legalization. While I acknowledge the concerns of activists that fear public smoking events hinder the overall cause, I completely understand the desire to publicly celebrate freedom and think that activists need to be realistic that these type of events are going to occur in major cities. Thousands of people in these cities have been discriminated against and have felt like second-class citizens, so it is only natural that they will want to join other members of the cannabis community in public and declare their equality and freedom.

After the initial parties and celebrations, the cannabis community will follow the last several days of the Oregon Legislative session and Governor Kate Brown’s pen. Today, Governor Brown signed House Bill 3400, with some good provisions, some bad. Senate Bill 460, allowing medical dispensaries to start selling marijuana to adults on October 1st, has passed the Senate and should pass the House in the next few days, and advocates expect Governor Brown to sign that bill as well.

After the legislative session ends on July 11th (or possibly a few days earlier), advocates and cannabis industry entrepreneurs will start focusing on the Oregon Liquor Control Commission (OLCC) Rules Advisory Committee (RAC) meeting. The OLCC RAC consists of a wide swath of interests from those involved with the passage of Measure 91 (like myself), industry representatives, government officials, concerned citizens and law enforcement.

The OLCC RAC will hear the opinions of lower sub-committees that will tackle lab testing requirements, licensing, growing regulations, retail rules, etc. and then cast votes on a variety of rules and regulations for the new regulated cannabis industry. If any regulation has four RAC members dissenting, then there will be a majority and a minority report prepared that will be sent to the OLCC Board of Commissioners. In the end, the OLCC Board will have the final say. RAC and sub-committee meetings have already began and will continue thru October, possibly into November; the rules will be finished by December, allowing the OLCC to start accepting applications for marijuana business licenses on January 4th, 2016. Marijuana nurseries and growers are likely to be licensed first, with retail stores likely opening on July 1, 2016, at the earliest, October 1st at the latest.

In addition to the OLCC RAC proceedings, the Oregon cannabis community will be fighting potential bans all across the state. Under the newly-signed House Bill 3400, cities and counties that didn’t support Measure 91 with at least 45% of the vote can ban marijuana businesses without a vote of the people. Localities where M91 garnered 45%, must give the public an opportunity to vote on any bans in a November General Election. Activists will be lobbying city council members and county commissioners to not pass bans, or refer the to the people. In the communities that do pass bans, many folks will look to gather signatures to place a referendum on the ballot to overturn the bans. If the local governing body refers the bans to the people for a vote, then local advocates will work to defeat the bans on the ballot.

Want to Stay Informed?

If you want to stay informed, sign up for alerts from the OLCC and monitor the city council and county commission agendas in your area. You can also sign up for New Approach Oregon’s email list as the organization will continue to work to keep people informed. And finally, think about attending the Oregon Medical Marijuana Business Conference (OMMBC) to get the latest information. (Full disclosure: I help organize the OMMBC). The OMMBC, held in Portland on September 12-13 at the downtown Hilton, will provide both the latest information regarding the Oregon medical and recreational systems and provide information regarding how you can be a strong advocate for the cause. Unlike most marijuana business conferences, the OMMBC provides information regarding activism, understanding that political savviness is imperative for any cannabis entrepreneur. If the October 1st early start for medical dispensaries proceeds as expected, the timing of the OMMBC is rather perfect. And as always, the OMMBC not only provides great info, but also great networking opportunities.

More Drug War Reform to be Done?

Legalizing and regulating marijuana was a great first step. Next legislative session, Oregon cannabis law reform advocates will look to prevent or delay medical marijuana garden plant limits; allow the establishment of adult-only smoking or vaping lounges; and further decrease marijuana law offenses so they are completely in line with alcohol.

After marijuana laws are further improved, further Drug War reforms are needed. Too many nonviolent, low-level drug offenders are needlessly sentenced to prison. Drug users need support, not draconian punishment. Treatment needs to be available for those that need help and we need to rehabilitate people instead of wasting hard-earned tax dollars on incarceration and punishment. Portugal has had great success decriminalizing personal drug use and Oregon can be the Portugal of the United States, setting an example for the rest of the country.

I look forward to helping move all of Oregon’s drug laws to where they need to be; continue to check back to Marijuana Politics and New Approach for updates and sign up to stay informed and get involved. July 1st is a day for celebrating for both how far Oregon has come in our struggle for marijuana freedom, but also because the day exemplifies that concerned citizens can band together and make important changes. I am so happy to have played a part in Oregon’s great achievement, but we aren’t done yet: step by step, until we are all free.

I had the honor of speaking at a press conference today, along with Congressman Earl Blumenauer; David Rogers, Executive Director of the ACLU of Oregon; and Leah Maurer, a long-time friend who founded Moms for Yes on 91 and is co-chair of the Portland chapter of Women Grow. The press conference set the stage for July 1st, the kick off to marijuana legalization in Oregon and focused on how far Oregon has come on marijuana policy, but also to note that we still have work to do still regarding marijuana laws and greater Drug War reform.

Being back at the ACLU office in downtown Oregon brought back memories of drafting Measure 91 as the ACLU’s conference room hosted many brainstorming and drafting sessions. The Oregon cannabis community has many organizations and leaders and not all of them get along all of the time, so there can sometimes be some tension when Oregon activists get together to collaborate on a marijuana measure. The ACLU provided a safe haven for all activists, an honest broker that could host the meetings, without anyone feeling that a certain party had a “home-field advantage”. These drafting sessions were long, sometimes tedious and sometimes got very exciting as passions could run very high at times. In the end, we developed a measure that the vast majority of the Oregon cannabis community could support, a great achievement in itself, and it couldn’t’ have happened without the ACLU.

Congressman Blumenauer kicked off the press conference, focusing on the progress being made in Congress and the need for more reforms. The congressman praised Oregon’s efforts, calling Measure 91 “the best legalization measure in the country” and noted that the state is helping lead the nation in marijuana law reform. I was up next, and broke the news to many reporters that Senate Bill 460 had passed the Oregon Senate 23 to 6 earlier in the day, moving Oregon one step closer to regulated sales thru existing medical dispensaries, starting on October 1st; the bill now moves onto the House, where it is expected to pass. I spoke about how Measure 91 will improve the lives of tens of thousands of Oregonians, create jobs and generate revenue for the state, but that we aren’t done. Marijuana laws still need to be adjusted to be in line with alcohol laws and the Drug War still hurts too many lives.

Leah Maurer was next, stressing the fact that, as a mother of three boys, she knows that regulation is a better policy than prohibition. And finally, David Rogers brought it home by reminding all of us about the racist implications of marijuana prohibition and the Drug War; despite the facts that marijuana is used at the same rate across races, people of color are much more likely to be arrested and sentenced to jail.

I have been fortunate to have many proud moments in my cannabis activism career, and today’s press conference was certainly one of them. I could not be happier that Oregon voters chose a new approach for our marijuana laws and will help lead the nation in ending cannabis prohibition. I was glad that we had the opportunity to talk to the media about how far Oregon has come, but also about how far we still need to go. Even after legalizing marijuana, there will likely still be a disproportionate number of arrests and citations for non-compliance levied against people of color and the poor. And the Drug War is much bigger than just marijuana, of course. Too many nonviolent addicts and low-level offenders are suffering in prison, instead of getting the treatment, education and employment opportunities they need. I look forward to working each and every day until the War on Drugs, a war waged upon too many nonviolent citizens, has ended.

UPDATE: Marijuana is now legal in Oregon. The Oregonian has been live tweeting the revolution.

The War on Marijuana has caused too much pain for far too long. Every cannabis law reform advocate has their activist origin. Mine started in the dorm room at the University of Missouri, witnessing first hand an African-American friend treated more harshly for possessing marijuana in the dorm than my white, middle class friends. I have witnessed good people experience the loss of employment and educational opportunities because of draconian marijuana laws. I know of loving families who have experienced traumatic SWAT raids because of cannabis prohibition and still suffer from post-traumatic stress years later. I have seen people arrested for marijuana crying because they feared being sentenced to prison and family members grieving uncontrollably as their loved ones were sentenced to prison because of unjust marijuana laws.

On July 1st, Oregon takes one big step in the right directions to ending the failed and harmful War on Marijuana. Clearly, the harms of cannabis prohibition are more deadly than the plant itself. It is remarkable that the United States, Land of the Free, has waged a decades long war on a substance that can’t cause a lethal overdose. After studying the science of cannabis and the policy implications of prohibitions, it becomes apparent that keeping marijuana illegal has more to do with culture than with the truth; especially with alcohol and tobacco legal.

It recently struck me that legalizing marijuana is a combination of repealing alcohol prohibition and legalizing marriage equality; we aren’t just legalizing a new substance, there is a cultural battle still being waged against the cannabis community due to Reefer Madness propaganda and years of bias and stereotypes. Culture wars and long-held biases, don’t die easily. However, we are slowly but surely ending these biases and winning a war that has been waged upon nonviolent citizens for far too long.

Oregon has a long history as a pioneer in sensible cannabis laws, decriminalizing marijuana in 1973, passing a medical measure in 1998 and supporting the Measure 91 legalization measure with over 56% of the vote in 2014, the greatest margin of victory for legalization in any state thus far. With legalization starting in 12 hours, we take another step, but we know we aren’t done. There is much work left here in Oregon and across the nation and we aren’t going to rest until cannabis prohibition is repealed and the horrible Drug War is ended. In 12 hours we take another step in the right direction. Step by step, state by state, country by country, until we are all free.

The ResponsibleOhio legalization plan to allow just 10 marijuana wholesalers has created an uproar among cannabis law reform activists across the country. On one hand, we have advocates like Russ Belville, of Portland NORML and 420Radio.org, who blogs here at Marijuana Politics, strongly advocating for passage of ResponsibleOhio, stating that ending the arrest and prosecution of 19,000 nonviolent marijuana law offenders more important than the fact that the measure strictly limits marijuana production licenses to 10 business interests funding the proposal. On the other hand, there are activists like the High Times’ John Gettman who finds the 10-member oligopoly as a deal-breaker and argues that Ohio should wait for a better legalization measure, hopefully in 2016, that has an even playing field for cannabis entrepreneurs.

Gettman opined on Cleveland.com:

Why does Responsible Ohio want to restrict cultivation to ten sites? It is because they have promised a profitable return to the financial backers behind this greedy initiative. Restricting production is a classic way to keep prices high, and high prices mean high profits.

They can dress this up any way they want, but the bottom line is that it is a scheme to corner the market and maximize the return on their collective investment. This is an anti-competitive racket — yes, a racket — and it won’t work because high prices invite lower-priced competition.

And it is small-scale growers who will provide such competition, regardless of Ohio law, the Ohio constitution, and the best efforts of ResponsibleOhio to corner the market. As such, this may make a lot of money for these private interests, but the public interest in shutting down the illegal market will not be served.

Reasonable minds can certainly agree to disagree on the ResponsibleOhio measure and I urge all advocates to remember that we are all on the same side ultimately and need to keep our criticisms focused on policies and do our best not to launch personal attacks. John Gettman, who earned a PhD in public policy and regional economic development from George Mason University,  has had a distinguished activist career and his opinion certainly deserves consideration.

Belville, an Idaho transplant living in cannabis-friendly Portland, Oregon, often reflects upon how it felt living in a state with more draconian marijuana laws and puts freedom and civil liberties above any concerns regarding how many people will be able to make money in any new marijuana market. I know first-hand that Belville is definitely one of the hardest-working cannabis law reformers and has as much contact with cannabis consumers across the country as he travels from conference to conference to event after event around the nation. Belville notes that his legalization view is based on the fact that “7 out of 8 arrests for marijuana are consumers, not growers, and that anything that frees the consumers makes catching the growers far more difficult” and that he wouldn’t ever want to be on the same side as Reefer Madness prohibitionists who make a career out of opposing sensible cannabis laws.

Personally, I would advise activists from publicly calling ResponsibleOhio’s backers as “greedy” when there are plenty of less inflammatory language to use. In the future, Ohio cannabis law reformers will need to work together at the Ohio Legislature, and calling one side greedy makes it less likely that they will want to work advocates that opposed ResponsibleOhio. Declaring the measure “anti-competitive” and that the public interest “will not be served” by the proposal are fair game in my opinion, within the realm of political discourse. Supporters of the ResponsibleOhio measure also need to do their best to just make their case, without insulting marijuana law reformers who feel that Ohio reject a legalization law with a 10-member marijuana oligopoly. Passions are high when freedom and money are both at stake, so some heated political rhetoric is expected, but let’s remember to be as respectful as possible.

My personal feelings at the moment, and I admit that I need to study the issue a bit more, are somewhere in-between Gettman and Belville. On one hand, I completely agree with Gettman that the anticompetitive nature of the measure will unnecessarily inflate the price cannabis and hinder Ohio’s regulated market to effectively compete with the unregulated, illicit market. On the other hand, I agree with Belville that ending the arrest and prosecution of the cannabis community is the most important issue; if the business model doesn’t work effectively, legislators and advocates can help improve the law later. While I wouldn’t, at least at this moment, be as vocally supportive of ResponsibleOhio as Belville, I have no problem stating that I would personally vote for the measure. Like Belville, I feel that thousands of fewer people arrested in Ohio is worth the tradeoff of the oligopoly, when it is the best marijuana law reform proposal on the ballot.

The Ohio Legislature may step in as House Joint Resolution 4 passed the Ohio House 81-12 and now needs 3/5 support in the Senate to give voters a chance to block monopolies and business interests from writing themselves into the Ohio Constitution. If the resolution is approved by voters, it will apparently prevent the 10-member oligopoly from being added to the state constitution, but it is unclear what this anti-monopoly amendment will have on the rest of the ResponsibleOhio legalization measure. Hopefully, the Ohio Supreme Court would find that the severability clause in the legalization measure would allow for the rest of ResponsibleOhio’s text  to stand and the state would only need to develop policies to license marijuana producers.

As someone who has lived through a few marijuana law reform campaigns, I know firsthand the hard work and cost it takes to be successful; I’ve co-authored measures that have won and others that lost, but I’ve never lost sight of the fact that we ultimately hold the power to make change, especially when your state allows the citizen initiative. Nothing prevents Ohio advocates from improving Ohio’s legalization law in 2016, or 2018, or 2020. And while 10 wealthy business interests controlling the marijuana production market understandably doesn’t sit well with me or many other advocates, it sits better than 19,000 marijuana arrests a year.

Today, the United States Supreme Court announced its landmark Obergefell v. Hodges marriage equality decision legalizing same-sex marriage all across the country. The marriage equality and marijuana legalization movements share a lot of the same supporters National polling is very similar and the both causes have made dramatic advancements in recent years. Polling conducted by the Oregon Measure 91 legalization campaign found very similar support for both causes and a lot of overlap from supporters; marijuana tended to be supported by men a bit more, marriage by women, but otherwise very similar voting demographics.

A lot of the Measure 91 campaign staff and volunteers first started working on the Oregon marriage equality campaign, but then switched to marijuana legalization after a federal court decision made the Oregon marriage campaign moot. I know that some of the marriage-equality-turned-marijuana-legalization staffers turned down more lucrative jobs to work on a cause that they believed in. Anecdotally, I know that many of the cannabis law reformers that I work with have been long supporters of marriage equality and they are celebrating today.

Marriage has been deemed a fundamental right by the United States Supreme Court more than 10 times, starting all the way back in the Maynard v. Hill, stating both that marriage is “the most important relation in life” and “the foundation of the family and society, without which there would be neither civilization nor progress.” While I doubt that we will see the Supreme Court declare that using recreational cannabis a fundamental right, but what about choosing the best medicine for your condition? Unfortunately, the issue of whether the federal government can enforce federal law to override the medical cannabis use of a qualifying patient was answered the wrong way in Gonzales v. Raich when the Supreme Court ruled 6-3 that the federal government could seize marijuana plants from a patient who didn’t sell or share her medical marijuana within the state of California, let alone across state lines.

Now, Colorado’s marijuana legalization law is being challenged by Nebraska and Oklahoma, as well as a few other parties, for violating federal law. The prohibitionist parties are hoping that they can force the federal government to shut down cannabis commerce in Colorado. Zachary Bolitho, a professor at the Campbell University School of Law, and former federal prosecutor argued in the Los Angeles Times that federal law preempts state law and that new Attorney General Loretta Lynch should declare as such:

If states are free to disregard federal laws they don’t like, then our entire governmental structure is at risk. What’s next? Could a state that doesn’t like the federal Clean Water Act pass a law authorizing the pollution of its waterways? Could a state that doesn’t like the federal Brady Handgun Violence Prevention Act pass a law authorizing gun dealers inside its borders to sell handguns without conducting background checks? Are congressional enactments simply suggestions that the states may accept or reject at their pleasure? That’s not how our system is supposed to work.

Recognizing as much, the Department of Justice — under Holder’s leadership — successfully argued in the 2012 case Arizona vs. United States that federal law preempted Arizona’s controversial immigration law. The situation in Nebraska and Oklahoma should receive the same treatment.

The framers understood that there would be occasional conflicts between state and federal law. And in the supremacy clause, they provided a clear instruction for resolving such conflicts: Federal law wins. That is true regardless of whether the federal law is bad policy or outdated or draconian. And it is true regardless of whether the federal law aligns with the political preferences of the current presidential administration.

Professor Bolitho is correct that federal law trumps state law in that the federal government can always enforce state law, regardless of state law. What Mr. Bolitho leaves out, is that the federal executive branch, has the power of prosecutorial discretion; the federal government doesn’t have to enforce every single law every single time. Marijuana possession of any amount is a federal misdemeanor and your third offense can garner you a felony; does Mr. Bolitho, or anyone for that matter, think that the United States government should subpoena the state registries of medical marijuana states and arrest every single patient, whether they suffer from cancer or HIV or severe migraines, and arrest and prosecute them?

The Obama Administration laid out the framework for which the Justice Department shall evaluate state marijuana legalization measures. The list of federal priorities and guidelines in the now-famous Cole Memo was included in the text of the Measure 91 and the federal memo was mentioned by Oregon legislators at least 420,000 times this past legislative session (okay, maybe I’m exaggerating a bit, but seriously, the federal Cole Memo was mentioned a lot.) The federal government also stated that Native American tribes are also free to move forward with marijuana legalization as well. It is hard to imagine, as Professor Bolitho wishes, that the Obama Justice Department is going to change course at this moment.

Colorado will then proceed to defend its job-creating, revenue-generating, voter-approved law in the federal court system. I imagine that the federal courts, including the Supreme Court, will rule that the federal government could arrest and prosecute everyone in Colorado engaged in cannabis commerce and could even get injunctions to shut down the state licensing system and prohibit cannabis from being cultivated and sold at any location the feds so choose. Thus, the cannabis community won’t (ever) get our version of Obergefell. I don’t see us celebrating in front of the Supreme Court, like marriage equality supporters did today. When it comes to protecting our rights against the government, we are on our own, no court will protect the right of anyone to utilize cannabis, not any time soon, I’m afraid.

However, I don’t see how the Supreme Court can force the Justice Department to do so. If the Justice Department spent all of the resources necessary to shut down the Colorado legalization regime, then Washington, Oregon and Alaska would be next. And then what about the twenty-plus states with medical marijuana laws, are they next? And while the federal government is arresting, prosecuting and imprisoning hundreds of thousands of people for marijuana, what other crimes aren’t being stopped or prosecuted? How many more sex traffickers and violent criminals would be on the loose if the federal government enforced every single federal marijuana law across the country?

As the historic marriage equality decision made abundantly clear: elections have consequences. The President of the United States has the constitutional power to appoint Supreme Court Justices who serve a lifetime and cabinet members that serve at the pleasure of the President. The Attorney General is the top law enforcement official and that official only answers to the highest office in the land. Law enforcement officials, the attorney general included, gets to decide the priorities of the agency; if state-regulated cannabis commerce isn’t a priority, then no one can force federal government to investigate, arrest, prosecute and imprison someone.

So, while the cannabis community won’t be celebrating a landmark court case that declares cannabis freedom across the nation, we do hold our destiny in our hands. We have to ensure that the next and all future presidents at least follow the same marijuana policy as President Obama. If Governor Chris Christie or someone similar gets elected president, then many of our hard-fought gains could be at risk. I don’t think that it will be politically popular for a presidential candidate to tell Coloradans that he or she will waste federal resources trampling the will of the voters, so the candidates may hide their true intentions, unlike Christie.

We need to get presidential candidates on record early and often and ensure that the next president is sensible on cannabis (Bernie Sanders, cough, cough; Rand Paul, cough, cough) and that each and every nominee in future elections knows that trampling the will of voters is a non-starter. We are on our own, our rights won’t be protected by the highest court in the land (as much as it sounds like they should) and being on your own can be scary. But don’t be afraid, marijuana nation, as there is strength in numbers, and we are the majority; the Marijuana Majority, if you will.

On July 1st, Oregon will become the fourth state to legalize personal amounts of marijuana, following Colorado, Washington and Alaska (and let’s not forget Washington, D.C.). However, the Beaver State has the bragging rights of being the first state to decriminalize marijuana all the way back in 1973; was in the 2nd wave of states to legalize medical cannabis in 1998; and looks poised to be the third state to enact regulated cannabis commerce for adults over the age of 21 as early as October 1st of this year. Starting limited cannabis sales about a year earlier than expected will be a boon for Oregon cannabis retailers (who are ready to roll), growers and consumers.

Senate Bill 460 passed the Measure 91 Committee unanimously and should have good odds of garnering the simple majority necessary to pass both the House and the Senate. While Governor Brown hasn’t signaled whether she would sign the bill, it seems unlikely that the Democratic governor would veto a bill supported by a majority of her party, provides a regulated avenue for adults to purchase legal marijuana and will generate much-needed revenue for the state several months earlier than the state expected to bring in from marijuana sales.

The Oregonian reports:

Supporters of a temporary sales program at dispensaries said this is a way to avoid a new surge of demand for pot on the black market.  The legislation, Senate Bill 460, includes a number of restrictions limiting the extent of sales.

Recreational buyers would be limited to buying one-quarter ounce of dried marijuana buds and leaves per day.  They could also buy seeds and immature plant starts, which they could use to grow their own at home.  Consumers would not be allowed to buy a range of other marijuana-laced products available to medical marijuana users, such as foodstuffs and concentrated forms of the drug.

The Oregon Health Authority has issued about 310 dispensary licenses and more than 90 other applications are pending  On its website, the authority lists 222 dispensaries that are open and agree to be publicly identified. Ninety-one of them are in the city of Portland.

As Jeff Mapes notes in The Oregonian, sales will be limited to non-patients, so don’t give up your Oregon Medical Marijuana Program (OMMP) card just yet. Concentrates, marijuana-infused edibles and extracts cannot be purchased by non-patients and patients won’t be limited to only purchases of 7 grams. Non-patients will have to wait about a year for marijuana products other than just the flowers and will have to pay a tax that patients won’t be subjected to.

Personally, I think that this is a good move for Oregon. Cannabis consumers will have safe, regulated places to acquire marijuana legally. Medical marijuana dispensaries will likely need to hire more staff and will certainly purchase more marijuana from Oregon’s renowned cultivating community. Oregon needs good-paying jobs (what state doesn’t?) and the burgeoning cannabis industry is one of the few growing industries that can provide living-wage jobs while providing an opportunity for enterprising entrepreneurs to live the American Dream.

Not only will jobs be created by this bill, but new revenue will enter the state’s coffers just after the New Year. Oregon’s schools and health programs could definitely use more funds and it makes much more sense for marijuana to pay for schools and healthcare instead of more prisons. Hopefully, the full Oregon Legislature will pass this bill and Governor Brown will sign. Please make your voice heard and lets continue to move Oregon’s cannabis industry forward in a way that will benefit all Oregonians and provide a model for the rest of the country to follow.

Supporting sensible federal marijuana policies used to one of the third-rail of American politics as politicians fell over each other to be the candidate toughest on crime. Today, a majority of voters support legalization and we are finally seeing a few major presidential candidates support federal marijuana law reform. Thus far, New Jersey Governor Chris Christie seems to be the only potential 2016 presidential candidate taking the hard-line position that the federal government should waste resources trampling the will of voters who have legalized marijuana within their state’s’ borders.

President Obama, pledging to stop federal prosecution of state-legal medical marijuana providers and implementing some positive policy reforms, along with the fact that marijuana legalization is extremely popular with Democrats, has set the stage for all 2016 Democratic candidates to support sensible federal policies. At the moment, Senator Bernie Sanders looks to be the Democratic “cannabis candidate,” hopefully pulling front-runner Hillary Clinton his direction. Gary Johnson and Ron Paul helped set the stage for Senator Rand Paul on the Republican presidential primary stage. Senator Paul has become the go-to Senate Republican on marijuana reform and he will be even accepting campaign contributions from the cannabis industry. From Yahoo:

Sen. Rand Paul, R-Ky., the most vocal critic of the “war on drugs” in the 2016 Republican presidential field, will host a “private briefing” on June 30 for campaign donors on the sidelines of the second annual Cannabis Business Summit and Expo in Denver, according to an invitation for the event obtained by Yahoo News.

It’s not clear whether any of Paul’s rivals for the GOP nomination will associate themselves with the gathering, which is put on by the National Cannabis Industry Association (NCIA). Other headline events at the June 29-July 1 forum include pot-themed sessions called “Running Your Cannabusiness,” “Cultivation and Processing,” “Money Matters,” “Finance, Accounting and Insurance,” and “The Law, Policy and Reform.”

NCIA forwarded its members an invitation from Paul’s campaign for a “VIP reception” at the Colorado Convention Center in Denver. There are three donor levels: $2,700 gets “attendee” status, someone wanting the “sponsor” label has to kick in $5,400, and a “host” must pony up $10,400. Any checks must be payable to “Rand Paul Victory Committee.”

Whether they earn their parties’ nominations or not, Bernie Sanders and Rand Paul will continue the momentum for future marijuana law reform, both at the state and federal level. Each candidate will make it even safer for future presidential candidates to be on the right side of history and plenty of state politicians will endorse the two candidates and speaking favorably of their marijuana law positions. A Bernie Sanders vs. Rand Paul presidential contest would certainly be great for the cannabis community and, unless other candidates move significantly, Sanders and Paul should be the candidates we rally behind.

Marijuana legalization has garnered the endorsement of major figures and media outlets across the nation. Dr. Sanjay Gupta made headlines when he called for a “marijuana revolution” and The New York Times sent shockwaves across the media spectrum. The Oregonian endorsed the Measure 91 cannabis legalization measure, less than five years after opposing the Measure 74 medical marijuana measure. The Bulletin, covering Eastern Connecticut, is just the latest media outlet to call for an end to cannabis prohibition.

From The Bulletin Editorial Board:

It is time for the federal government to loosen pot prohibition and give states the freedom to enforce their own laws. For years, momentum has been building toward a paradigm shift in drug policy, and the evidence generally supports those who advocate a change.

Alcohol and tobacco are legal, controlled and taxed; each shares a pertinent characteristic with marijuana. Alcohol, like pot, alters the mind. And pot, like tobacco, impairs lung function and may lead to cancer and disease with extended use, according to the surgeon general.

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None of this is to suggest that we want folks to go out and start smoking pot. We advise against it, just as we do smoking cigarettes and drinking to excess. Consistency is at the heart of the issue: If the federal government allows us to drink freely and puff away, as it does, what is the logic behind prohibiting a drug that is less addictive and less dangerous, and which likely has medicinal qualities, to boot?

The clear path forward is for the U.S. government is to repeal marijuana prohibition and leave the issue to the states. Outright legalization, while it would put criminals out of business and raise some revenue through taxation, still poses some problems as a matter of public policy.

While at first glance, The Bulletin’s endorsement may seem ho-hum when compared to The New York Times and considering all of the great advancements across the country. But The Bulletin has been publishing continuously since 1796 and these endorsements give people on the fence a reason to look into the issue more and can swing some crucial votes. And each and every vote is very important as we work to implement sane cannabis laws across our great nation.

The momentum for marijuana law reform clearly cannot be stopped, whether by local voter initiative, statewide ballot measure, state legislative reform, federal policy-making or in the halls of Congress. The most recent reform is in the great state of Delaware, which just became either the 18th, 19th or 20th state to decriminalize cannabis, depending upon your criteria. The Democrat-backed bill, passed without one Republican vote, actually ends criminal penalties for possession and use of up to an ounce in private, but still gives law enforcement the power to confiscate the cannabis; use in public will be subject to a $100 fine. More from The News Journal:

Robert Capecchi, a lobbyist with the Marijuana Policy Project in Washington, said in a statement after Thursday’s vote, “Marijuana is an objectively less harmful substance than alcohol, and most Americans now agree it should be treated that way. Delaware has taken an important step toward adopting a more sensible marijuana policy.”

Nineteen other states and the District of Columbia have stopped charging citizens criminally for possessing small amounts of marijuana. In Delaware, like in other states, there is evidence that the law is disproportionately enforced along racial lines, which was a driving force behind this bill’s passage.

Black people in Delaware were three times more likely than white people to be arrested for marijuana possession in 2010, despite accounting for a much smaller portion of the population, according to a 2013 report from the American Civil Liberties Union.

I was pleasantly surprised to learn that people in Delaware won’t suffer any fine or criminal penalties for possessing cannabis in private, as that makes the “First State’s” decriminalization measure one of the best in the nation. Since law enforcement officials can confiscate marijuana found in private, I wouldn’t go as far as call cannabis use in private legal, but it is pretty close. My sincere thanks to the Democratic legislators and governor responsible for this sensible cannabis policy as this bill will improve the lives of many people, will benefit all citizens of Delaware and will only help us improve marijuana laws across the nation. I advise Delaware Republicans to join the right side of history on this issue, unless they always want to remain the minority party.

ResponsibleOhio is a well-funded political action committee (PAC) seeking to legalize marijuana in the Buckeye State. The group has some famous backers and seems to have the money to develop an effective campaign that can win. The measure would end thousands of arrests and allows for home cultivation. However, the fact that a marijuana wholesaler oligarchy of just 10 cultivators would control the marijuana market, has many people, understandably, very concerned. There are people on both sides of the fight that I know and respect.

Normally, such an effort would be supported wholeheartedly by local and national advocates, but ResponsibleOhio’s effort has garnered extreme opposition from many local activists and, according to the Center for Public Integrity, the Marijuana Policy Project and the Drug Policy Alliance, two national organizations that have helped lead successful statewide legalization measures in the past, have distanced themselves from ResponsibleOhio. Opposition from unlikely reform advocates has joined the expected opposition from prohibitionists. More from the Center for Public Integrity on the unlikely bedfellows opposing ResponsibleOhio:

“This is egregious to me on many levels,” said Marcie Seidel, an anti-drug activist who opposes all forms of legalization and heads Ohio’s Drug Free Action Alliance. “This is basically wealthy individuals, the 1 percent that we always hear about, that are wanting and asking us as Ohio citizens to guarantee in the constitution that they are going to make millions and millions more dollars so they can become even more wealthy.”

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Mary Smith, a marijuana activist and the former owner of what she called a “run-of-the-mill hippie department store” in Toledo, said she isn’t backing it because she doubts Responsible Ohio’s wealthy investors have genuine empathy for medical marijuana patients.

“This is completely about greed,” she said.

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Vermilion resident Aaron Weaver and about 20 other pro-pot critics of Responsible Ohio are trying to put up a fight. In April, they formed a new nonprofit, Citizens Against Responsible Ohio.

So far the group exists as a website, Facebook pages and Twitter feeds. And they are paying out of their own pockets to promote Facebook posts criticizing the measure. Encouraged solely by a tweet from comedian Drew Carey, an Ohio native who voiced skepticism about Responsible Ohio’s plan, Weaver drafted a letter asking him for money. “With your assistance, we can turn the tide and put a stop to these well-polished thugs in their tracks,” Weaver’s letter reads.

The entire piece by Liz Whyte is fascinating certainly worth reading. It provides insight not only into the ResponsibleOhio debate, but also into the ballot measure industry in general. 

While I never like in-fighting among cannabis law reformers, it simply comes with the territory, and the more experience that I’ve gained in the political arena, I have learned that these fights occur among many other political causes. I urge the advocates duking it out politically in Ohio to keep the debate about the issues and not get personal. Regardless of the outcome of ResponsibleOhio, which could be on the ballot THIS November, cannabis issues aren’t going away anytime soon, and advocates will need each other to ensure effective implementation and to improve the law in the future. Personally, I tend to feel that I would vote for any marijuana law that is better than the status quo, seeking to improve that law over time if it had any deficiencies. I wouldn’t necessarily advocate for the measure or even urge people to support the measure, if I had major misgivings, but if it leads to fewer arrests and people in jail, I can’t imagine voting “NO”.

No matter how legalization turns out in 2015 or 2016 or beyond, in Ohio, I just hope that fewer lives will be ruined and that cannabis activists will unite when necessary to continue to improve the state’s marijuana laws. While activists first and primary concern must be the people of their own state, we must always keep in mind that we are also fighting for members of the cannabis community who aren’t fortunate to live in states that have progressive marijuana laws or on the verge of doing so. We need to keep up the momentum state by state, until we are all free.