Cannabis in Oregon
Encyclopedia
Cannabis (drug)
Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...
(marijuana, hash, THC, kief, etc.) Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
was the first U.S. state to decriminalize
Decriminalization
Decriminalization or Decriminalisation is the abolition of criminal penalties in relation to certain acts, perhaps retroactively, though perhaps regulated permits or fines might still apply . The reverse process is criminalization.Decriminalization reflects changing social and moral views...
the possession
Drug possession
Drug possession is the crime of having one or more illegal drugs in one's possession, either for personal use, distribution, sale or otherwise. Illegal drugs fall into different categories and sentences vary depending on the amount, type of drug, circumstances, and jurisdiction.A person has...
of small amounts of cannabis, and among the first to authorize its use for medical purposes
Medical cannabis
Medical cannabis refers to the use of parts of the herb cannabis as a physician-recommended form of medicine or herbal therapy, or to synthetic forms of specific cannabinoids such as THC as a physician-recommended form of medicine...
. An attempt to recriminalize possession of small amounts of cannabis was turned down by Oregon voters in 1997.
From 1999 through 2005, the ratio of Oregonians using cannabis outpaced the general United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
population by 32–45%. In 2003–2004, Oregon ranked among the top five states for cannabis usage of people 12 and older. Oregon is also one of the largest cannabis producing states, ranking fourth in indoor production, and tenth overall in 2006.
In surveys conducted in 1974 and 1975—one and two years after decriminalization—it was found that 2% of respondents said they did not use marijuana or cannabis because they were unavailable, 4% for legal or law enforcement reasons, 53% reported lack of interest, and 23% cited health dangers. The remaining 19% were using or had used it at one time.
Usage
According to the Drug Enforcement AdministrationDrug Enforcement Administration
The Drug Enforcement Administration is a federal law enforcement agency under the United States Department of Justice, tasked with combating drug smuggling and use within the United States...
(DEA), cannabis is readily available in Oregon. According to a 2006 report by the Substance Abuse and Mental Health Services Administration
Substance Abuse and Mental Health Services Administration
The Substance Abuse and Mental Health Services Administration is a branch of the U.S. Department of Health and Human Services. It is charged with improving the quality and availability of prevention, treatment, and rehabilitative services in order to reduce illness, death, disability, and cost to...
, in 2003–2004 Oregon ranked in the top fifth of states for cannabis usage in three age categories: 12 to 17, 18 to 25, and 26 and older. In 2005, while most states that had passed medical marijuana bills over the past decade saw marijuana use among teenagers decline faster than the national average (a 43% decrease), Oregon, Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
, and Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
saw smaller decreases than the average.
Table of monthly cannabis users
The Substance Abuse and Mental Health Services Administration estimates and publishes the number of people to have used cannabis in the previous 30 days, as compiled by the Oregon chapter of the National Organization for the Reform of Marijuana Laws (NORML):| Year | Recent Oregon users | Recent U.S. users | Oregon vs. U.S. recent users |
|---|---|---|---|
| 1999 | 6.60% | 4.7% | +40% |
| 2000 | 6.53% | 4.8% | +36% |
| 2001 | 7.19% | 5.4% | +33% |
| 2002 | 8.96% | 6.2% | +45% |
| 2003 | 8.88% | 6.2% | +43% |
| 2004 | 8.03% | 6.1% | +32% |
| 2005 | 8.36% | 6.0% | +38% |
Cultivation
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
and Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, while also producing a large quantity locally. Cultivation techniques range from simple dirt grows to complex hydroponics
Hydroponics
Hydroponics is a method of growing plants using mineral nutrient solutions, in water, without soil. Terrestrial plants may be grown with their roots in the mineral nutrient solution only or in an inert medium, such as perlite, gravel, mineral wool, or coconut husk.Researchers discovered in the 18th...
operations. Large indoor and outdoor growing operations have been discovered on private, state, and forest lands, with plants numbering in the thousands. Recently, large outdoor growing operations by Mexican drug trafficking
Illegal drug trade
The illegal drug trade is a global black market, dedicated to cultivation, manufacture, distribution and sale of those substances which are subject to drug prohibition laws. Most jurisdictions prohibit trade, except under license, of many types of drugs by drug prohibition laws.A UN report said the...
organizations have become more common. Highly potent cannabis grown in Oregon is consumed locally, and distributed to other parts of the U.S.
In 1988, due to the success of the DEA's Campaign Against Marijuana Planting in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, Oregon rivaled California nationally in cannabis production. In the 1990s, Oregon was a national leader in indoor cannabis cultivation
Cannabis cultivation
This article presents common techniques and facts regarding the cultivation of the flowering plant cannabis, primarily for the production and consumption of marijuana buds. Cultivation techniques for other purposes differ...
, along with California, Washington, Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
and South Florida
South Florida metropolitan area
The South Florida metropolitan area, also known as the Miami metropolitan area, and designated the Miami–Fort Lauderdale–Pompano Beach, FL Metropolitan Statistical Area by the U.S...
. For the decade ending in 1991, the DEA considered Oregon the "nation's cradle of indoor marijuana growing." In 2006, Oregon was the fourth largest indoor cannabis producing state, and the tenth largest cannabis producing state overall.
Events and attitudes
According to Nick Budnick of the Willamette WeekWillamette Week
Willamette Week is an alternative weekly newspaper published in Portland, Oregon, United States. It features reports on local news, politics, sports, business and culture....
, medical marijuana has "helped legitimize pot culture in Oregon." In 2005, Multnomah County
Multnomah County, Oregon
Multnomah County is one of 36 counties in the U.S. state of Oregon. Though smallest in area, it is the most populous as its county seat, Portland, is the state's largest city...
Circuit Judge Doug Beckman said "I think there's a broader social acceptance for users of marijuana. And gradually there's increasing public pressure, I think, to decriminalize marijuana."
Portland Hempstalk Festival
Portland's Hempstalk Festival is an annual event in Portland, Oregon advocating decriminalization of marijuana for medicinal, industrial, and recreational use. Founded in 2005, the festival often takes place the weekend after Labor Day and features food vendors, live music, and information booths...
at Sellwood Riverfront Park
Sellwood Riverfront Park
Sellwood Riverfront Park is a city park of about in southeast Portland, in the U.S. state of Oregon. Located at Southeast Spokane Street and Oaks Parkway, the park has paths, picnic tables, a stage, a boat dock on the Willamette River, restrooms, and a dog off-leash area.Formerly a mill site...
in Portland, Oregon
Portland, Oregon
Portland is a city located in the Pacific Northwest, near the confluence of the Willamette and Columbia rivers in the U.S. state of Oregon. As of the 2010 Census, it had a population of 583,776, making it the 29th most populous city in the United States...
. While organizers insisted smoking would not be tolerated, the smell of marijuana lingered in the air and some festival goers chose to consume various forms of cannabis foods. No festival attendees were arrested. Seattle Hempfest
Seattle Hempfest
Seattle Hempfest is an annual event in Seattle, Washington, the world's largest annual gathering advocating decriminalization of marijuana. Founded in 1991 as the Washington Hemp Expo, a self-described "humble gathering of stoners" attended by only 500 people, and renamed the following year as...
is an annual event in Seattle, Washington also attended by Oregonians, known as the world's largest annual gathering advocating decriminalization of marijuana for uses including but not limited to medicinal, industrial, and recreational. The 2008 Seattle Hempfest, which took place August 16–17, set a new record with around 150,000 people in attendance.
Legality
Cannabis and marijuana were completely legal in Oregon until 1935, when the state passed the Uniform State Narcotic Drug ActUniform State Narcotic Drug Act
The National Conference of Commissioners on Uniform State Laws developed the Uniform State Narcotic Drug Act in 1934 due to the lack of restrictions in the Harrison Act of 1914...
. The legislative record contains no mention of those substances causing any problems, but they were simply included as part of the package. The Oregon Decriminalization Bill of 1973 abolished criminal penalties for possession of small amounts of marijuana. As a result, possession of up to an ounce of marijuana in Oregon today is a violation (not a crime), punishable only by a fine of $500 to $1000. There is one exception, however, which is: if possession of such an amount occurs in a public place within 1000 feet of a school attended by minors, the person committing the offense is guilty of a Class C misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
instead. Possession of more than one ounce, no matter the proximity to a school, is a Class B felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
. The actual use of marijuana in private, and being under the influence of marijuana, are not punishable offenses under Oregon law. However, public use, and also driving under the influence of marijuana, are punishable offenses.
Intentionally growing even one marijuana plant (Unlawful manufacture of marijuana), is a Class A felony in Oregon (ORS 475.856, 475.858). Selling or giving away marijuana is an offense (Unlawful delivery of marijuana) that varies in severity and penalty depending on the amount of marijuana involved in the transaction, whether or not consideration
Consideration
Consideration is the central concept in the common law of contracts and is required, in most cases, for a contract to be enforceable. Consideration is the price one pays for another's promise. It can take a number of forms: money, property, a promise, the doing of an act, or even refraining from...
is involved, the relative ages of the people involved, and the proximity of the transaction to nearby schools attended by minors (ORS 475.860, 475.862). Giving away five grams of marijuana or less by an adult to another adult for no payment at a location at least 1000 feet from the closest school is only a violation, punishable by a fine of $500 to $1000. However, if greater amounts of marijuana are involved, if any payment at all is involved, if delivery is by an adult to a minor, and/or if delivery occurs within 1000 feet of a school (even if both parties are adults), the severity of the offense can range from Class C misdemeanor to Class A felony with increasing penalties.
The preceding convictions and penalties apply to any person, minor or adult, Oregon resident or otherwise, when the offense occurs within the state of Oregon. However, Oregon marijuana law is further complicated due to the existence of Oregon's medical marijuana program. The Oregon Medical Marijuana Program allows individuals with a medical history of one or more qualifying illnesses and a doctor's recommendation to apply for registration with the program. Accepted applicants are issued a Medical Marijuana Card
Medical Marijuana Card
A medical marijuana card is a state issued identification card that enables a patient with a doctor's recommendation to obtain, possess, or cultivate cannabis for medicinal use. These cards are issued by a state or county in which medical marijuana is considered legal. Typically a patient is...
, which entitles them to different treatment under the law. Essentially, medical marijuana patients are allowed to possess, without fear of citation, arrest, or penalty, up to 1.5 pounds of marijuana at a time. Possession of a greater amount, however, does become punishable by law. In addition to legal possession, cardholders may also legally grow, without fear of citation, arrest, or penalty, up to 18 immature cannabis plants and 6 mature ones at a single time. Cardholders are also allowed to designate a primary caregiver and a grower of their choice, if so inclined. These people enjoy the same freedoms as the cardholder as long as they remain officially registered. The above limits of legal possession apply to the total combined property of the cardholder, caregiver, and grower. If a grower is growing plants for more than one cardholder, he or she may possess up to 18 immature plants per cardholder. A grower may not grow plants for more than four cardholders at a time. Also, in addition to legal possession and manufacture as outlined above, cardholders, caregivers, and growers may legally deliver marijuana to each other, and to other cardholders, so long as the delivery is made without consideration. The privileges which normally protect cardholders, caregivers, and growers from citation, arrest, and penalty do not excuse possession, manufacture, or delivery in cases where they are simultaneously guilty of certain offenses listed in ORS 475.316, such as driving under the influence of marijuana or using marijuana in public.
In June 2010, the Oregon Board of Pharmacy reclassified marijuana from a Schedule I drug to a Schedule II drug. According to a press release from the board, "The Board of Pharmacy’s action to reschedule marijuana on the state list does not supersede federal law or create a direct conflict with federal law. It simply does not address federal law," and, "Marijuana or products containing any amount of marijuana will not be available by prescription in Oregon unless they have been approved by the FDA." News reports noted that this reclassification makes Oregon the "first state in the nation to make marijuana anything less serious than a Schedule I drug." (See also Removal of cannabis from Schedule I of the Controlled Substances Act)
A ballot measure of the November 2010 election would have established a state licensing system for marijuana producers and dispensaries, allowed the sale of marijuana from the dispensaries to medical marijuana patients, provide low income assistance for those patients, and set up a research program to evaluate the effects of the new law. It was defeated with 43.85% support and 56.15% opposition.
The Oregon Cannabis Tax Act
Oregon Cannabis Tax Act
The Oregon Cannabis Tax Act is a proposed initiative for the November 2010 Oregon state general election that would permit personal marijuana and hemp cultivation or use without a license and create a commission to regulate the sale of commercial marijuana...
is another recent citizens' initiative. If approved, it would legalize marijuana for recreational adult use, regulate and tax the cultivation and sale of marijuana, and legalize the production, use, and sale of hemp. The initiative failed to receive enough signatures from Oregon voters to be placed on the November 2010 ballot, but a new campaign is underway to put the initiative on the 2012 ballot. However, the signature form is not yet available for download from the campaign website as of September 11, 2010.
Decriminalization
In 1973, Oregon became the first state to decriminalize cannabis. Possession of 28.35 grams (1 ounce) or less is a violation (not a crime) punishable by a $500 to $1,000 fine; stricter punishments exist for sale or cultivation. Possession of 1 ounce to 110 grams is a class B felonyFelony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
punishable by 10 years in prison, and possession of more than 110 grams is a felony with punishment depending on the defendant's prior record. In 1986, Oregon's Ballot Measure 5 sought to legalize cannabis. The Oregon Marijuana Initiative spent about $50,000 promoting the proposition, and collected the 87,000 signatures necessary to place it on the ballot. In 1986, by some estimates, cannabis was Oregon's largest cash crop
Cash crop
In agriculture, a cash crop is a crop which is grown for profit.The term is used to differentiate from subsistence crops, which are those fed to the producer's own livestock or grown as food for the producer's family...
, estimated in 1985 at between $1 billion and $1.15 billion. The ballot measure was rejected by Oregon voters with 279,479 "Yes" and 781,922 "No" votes, or 26.33% support.
In 1995, Oregon House Bill 3466, which would have recriminalized marijuana in Oregon, died. According to bill sponsor Jerry Grisham (R
Oregon Republican Party
The Oregon Republican Party is the state affiliate of the United States Republican Party in Oregon, headquartered in Lake Oswego. The first state party convention was held in Salem on April 21, 1859, and its first nominee for Congress, Portland attorney David Logan...
–Beavercreek
Beavercreek, Oregon
Beavercreek is a hamlet in Clackamas County, Oregon, United States, located four miles southeast of Oregon City. The population was 4,485 at the 2010 census.-History:...
), HB 3466 was meant to counter a circulating initiative petition called The Oregon Cannabis Tax Act of 1997, which would have allowed state liquor stores to sell marijuana and permitted hemp
Hemp
Hemp is mostly used as a name for low tetrahydrocannabinol strains of the plant Cannabis sativa, of fiber and/or oilseed varieties. In modern times, hemp has been used for industrial purposes including paper, textiles, biodegradable plastics, construction, health food and fuel with modest...
production for paper, fabric, oil, and protein. Taxes on these products would go to schools to replace funding allegedly lost by Measure 5
Oregon Ballot Measure 5 (1990)
Ballot Measure 5 was a landmark piece of direct legislation in the U.S. state of Oregon in 1990. Measure 5, an amendment to the Oregon Constitution , established limits on Oregon's property taxes on real estate....
. The petition was sponsored by a political action committee named Pay for Schools by Regulating Cannabis.
HB 3466 would have increased penalties for possession of under an ounce of marijuana from an infraction (traffic ticket-like offense) to a Class A misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
, the worst non-felony offense, with a fine of $100 to $1,000 per gram, up to a maximum of $5,000. The bill also would have created a new crime—being under the influence of marijuana—punishable by a fine of up to $5,000. The bill would have passed according to the positions of state senators, but was blocked on a technical basis which prevented it from coming to the floor the same day it was read—which allows public input—unless overridden by a vote.
In 1997, the Oregon Legislature passed House Bill 3643, making the possession of less than an ounce of marijuana a Class C misdemeanor, which added a possible jail sentence of up to 30 days. According to Eric Schlosser
Eric Schlosser
Eric Schlosser is an American journalist and author known for investigative journalism, such as in his books Fast Food Nation, Reefer Madness and Chew On This.- Personal History :...
of Rolling Stone
Rolling Stone
Rolling Stone is a US-based magazine devoted to music, liberal politics, and popular culture that is published every two weeks. Rolling Stone was founded in San Francisco in 1967 by Jann Wenner and music critic Ralph J...
, John Kitzhaber
John Kitzhaber
John Albert Kitzhaber is the 37th Governor of Oregon. He served as the 35th Governor of Oregon from 1995 to 2003 and became the first person to be elected to the office three times when he was re-elected to a non-consecutive third term in 2010...
, then Oregon's governor, signed the bill because he did not want to appear soft on crime. Activists opposing HB 3643 collected twice as many signatures as were required to force a referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
on the bill. John Sperling
John Sperling
John Glen Sperling is an American businessman who is credited with leading the contemporary for-profit education movement in the United States. His fortune is based on his founding of the for-profit University of Phoenix for working adults in 1976, which is now part of the publicly traded Apollo...
, Peter Lewis, and George Soros
George Soros
George Soros is a Hungarian-American business magnate, investor, philosopher, and philanthropist. He is the chairman of Soros Fund Management. Soros supports progressive-liberal causes...
were the principal financial backers of the referendum signature drive. Measure 57, which would have upheld HB 3643, was turned down by a margin of 2–1.
The Oregonians For Cannabis Reform 2010 hoped to make cannabis products legal and available in a retail environment by enacting the Oregon Cannabis Tax Act
Oregon Cannabis Tax Act
The Oregon Cannabis Tax Act is a proposed initiative for the November 2010 Oregon state general election that would permit personal marijuana and hemp cultivation or use without a license and create a commission to regulate the sale of commercial marijuana...
of 2010 (OCTA), but the effort failed to collect the minimum 83,000 signatures by the July 2 deadline to qualify for the 2010 ballot.
Backers of the initiative say 90% of the proceeds from the state's sale of marijuana would have gone to Oregon's general fund (as much as $300 million), lowering the state tax burden, while 10% of the revenue would have been used to fund drug abuse education and treatment programs. Advocates claim the marijuana market would be removed from the underground economy
Underground economy
A black market or underground economy is a market in goods or services which operates outside the formal one supported by established state power. Typically the totality of such activity is referred to with the definite article as a complement to the official economies, by market for such goods and...
, where young people and drug abusers often take control, and place it in liquor stores regulated by the Oregon Liquor Control Commission
Oregon Liquor Control Commission
The Oregon Liquor Control Commission is a government agency of the U.S. state of Oregon. The OLCC was created by an act of the Oregon Legislative Assembly in 1933, days after the repeal of prohibition, as a means of providing control over the distribution, sales and consumption of alcoholic...
so the minimum age of 21 can be enforced. According to Madeline Martinez, Executive Director of NORML's Oregon chapter, U.S. Congressman
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
Barney Frank
Barney Frank
Barney Frank is the U.S. Representative for . A member of the Democratic Party, he is the former chairman of the House Financial Services Committee and is considered the most prominent gay politician in the United States.Born and raised in New Jersey, Frank graduated from Harvard College and...
(D
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
–Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
) has endorsed the idea, though support from Oregon state officials has been limited.
Medical cannabis
The Oregon Medical Marijuana Act was established by Ballot Measure 67, a citizens' initiative, in November 1998, the same election as the referendum Measure 57.It modified state law
Oregon Revised Statutes
The Oregon Revised Statutes is the codified body of statutory law governing the U.S. state of Oregon, as enacted by the Oregon Legislative Assembly, and occasionally by citizen initiative...
to allow the cultivation, possession, and use of marijuana by prescription by patients with certain medical conditions. The ballot measure passed by a margin of 54.6% to 45.4%. The Act does not affect federal
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
law, which still prohibits the cultivation and possession of marijuana. Bernie Hobson, spokesman for the DEA's Seattle regional office, said "From a federal standpoint, there is no such thing as medical marijuana." Four other western states (Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
, Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
, Nevada and Washington) and the District of Columbia
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
passed similar measures legalizing the use of marijuana for medical purposes in the same election.
The act created "The Oregon Medical Marijuana Program," which administers the Medical Marijuana Act approved by the public in November 1998. The Oregon Medical Marijuana Program administers the program within the Oregon Department of Human Services
Oregon Department of Human Services
The Oregon Department of Human Services is the primary health and human services agency of the government of the U.S. state of Oregon. The ODHS was established in 1971 as the Oregon Department of Human Resources but renamed in 1999...
. As of April 1, 2009, there were 20,974 patients registered, with 10,626 caregivers holding cards for these patients. Virtually all patients benefiting from the program (18,000+) suffer from severe pain
Chronic pain
Chronic pain has several different meanings in medicine. Traditionally, the distinction between acute and chronic pain has relied upon an arbitrary interval of time from onset; the two most commonly used markers being 3 months and 6 months since the initiation of pain, though some theorists and...
and more than 3,200 from nausea
Nausea
Nausea , is a sensation of unease and discomfort in the upper stomach with an involuntary urge to vomit. It often, but not always, precedes vomiting...
. The other conditions are given as epilepsy
Epilepsy
Epilepsy is a common chronic neurological disorder characterized by seizures. These seizures are transient signs and/or symptoms of abnormal, excessive or hypersynchronous neuronal activity in the brain.About 50 million people worldwide have epilepsy, and nearly two out of every three new cases...
, HIV
HIV
Human immunodeficiency virus is a lentivirus that causes acquired immunodeficiency syndrome , a condition in humans in which progressive failure of the immune system allows life-threatening opportunistic infections and cancers to thrive...
/AIDS
AIDS
Acquired immune deficiency syndrome or acquired immunodeficiency syndrome is a disease of the human immune system caused by the human immunodeficiency virus...
, cancer
Cancer
Cancer , known medically as a malignant neoplasm, is a large group of different diseases, all involving unregulated cell growth. In cancer, cells divide and grow uncontrollably, forming malignant tumors, and invade nearby parts of the body. The cancer may also spread to more distant parts of the...
, cachexia
Cachexia
Cachexia or wasting syndrome is loss of weight, muscle atrophy, fatigue, weakness, and significant loss of appetite in someone who is not actively trying to lose weight...
, chronic glaucoma
Glaucoma
Glaucoma is an eye disorder in which the optic nerve suffers damage, permanently damaging vision in the affected eye and progressing to complete blindness if untreated. It is often, but not always, associated with increased pressure of the fluid in the eye...
and tremor
Tremor
A tremor is an involuntary, somewhat rhythmic, muscle contraction and relaxation involving to-and-fro movements of one or more body parts. It is the most common of all involuntary movements and can affect the hands, arms, eyes, face, head, vocal folds, trunk, and legs. Most tremors occur in the...
s caused by Alzheimer's disease
Alzheimer's disease
Alzheimer's disease also known in medical literature as Alzheimer disease is the most common form of dementia. There is no cure for the disease, which worsens as it progresses, and eventually leads to death...
. Multiple states have requested information on Oregon's program to use as a model for their own medical marijuana initiatives and registration systems.
In 2004, an Oregon ballot measure that would have increased the amount of cannabis a patient can legally possess to six pounds was defeated by Oregon voters. In 2005, the Oregon Medical Marijuana Program brought in more than $900,000 to the state's budget for the Department of Human Services.
Medical cannabis reform activists filed Initiative 28, an initiative that would create a licensed and regulated medical marijuana supply system through non-profit dispensaries. The initiative was co-authored by John Sajo who helped draft the Oregon Medical Marijuana Act and Anthony Johnson who co-authored successful marijuana law reform measures while in law school at the University of Missouri-Columbia School of Law. Supporters argue that the measure is needed to ensure that patients have a supply of medical cannabis and that the imposed licensing fees will generate millions of dollars in revenue for the state. Fees collected from the dispensaries and their producers will be utilized to fund medical research, establish a program to assist-low income patients and help finance Oregon health programs, such as the Oregon Health Plan
Oregon Health Plan
- History :The Oregon Health Plan was conceived and realized by emergency room doctor John Kitzhaber, then a state senator, and Dr. Ralph Crawshaw, a Portland activist....
. The Coalition for Patients Rights first turned in over 61,000 signatures on January 11, 2010, to the Oregon Secretary of State and needed 82,769 valid signatures to qualify the measure for the November 2010 ballot. Members of the patients' rights coalition, including Oregon Green Free, Voter Power and Southern Oregon NORML eventually collected enough signatures to place the initiative on the ballot. On August 2, 2010, the Oregon Secretary of State announced that the non-profit dispensary proposal would be placed on the November ballot as Measure 74.
Measure 74 has received great publicity across Oregon and earned the endorsement of the Democratic Party of Oregon, providing medical cannabis more mainstream support than it ever achieved in Oregon. 11 Oregon Voters' Pamphlet Arguments were submitted in support of Measure 74. Arguments were submitted by former Portland Police Chief and Mayor, Tom Potter; retired Oregon Supreme Court Justice Betty Roberts; former federal prosecutor Kristine Olson; as well as several doctors and nurses, including, Dr. Richard Bayer, Chief Petitioner of the Oregon Medical Marijuana Act.
Progressive Reform of Oregon (Pro-Oregon), a new 501 (c)(4) federal non-profit released the first commercial urging voters to support Measure 74. Pro-Oregon is dedicated to ending the War on Cannabis and implementing policies that promote freedom and equality under the law.
Conflict with federal drug law
Physician liability
Physicians who recommend or support marijuana cannot have their licenses revoked according to a September 7, 2000 decision by the U.S. District Court. The case, Dr. Marcus Conant, et al., v. McCaffrey et al.Dr. Marcus Conant, et al., v. McCaffrey et al.
Dr. Marcus Conant, et al., v. McCaffrey et al. is a legal case decided by the U.S. District Court on September 7, 2000, which affirmed the right of physicians to recommend medical marijuana....
, arose from two events: the November 1996 passage of California Proposition 215
California Proposition 215 (1996)
Proposition 215, or the Compassionate Use Act of 1996, is a California law concerning the use of medical cannabis. It was enacted, on November 5, 1996, by means of the initiative process, and passed with 5,382,915 votes in favor and 4,301,960 against.The proposition was a state-wide voter...
which authorized medical marijuana, and a December 30, 1996 response to the law by the director of the Office of National Drug Control Policy
Office of National Drug Control Policy
The White House Office of National Drug Control Policy , a former cabinet level component of the Executive Office of the President of the United States, was established in 1989 by the Anti-Drug Abuse Act of 1988...
which said
The statement accompanied authorization for the U.S. Inspector General for Health and Human Services to exclude individuals from participation in Medicare and Medicaid programs, such as physicians who recommend marijuana to patients for medical purposes. Clarification two months later affirmed that mere discussion of any drugs with a patient was not grounds for sanction, but affirmed that physicians "may not intentionally provide their patients with oral or written statements in order to enable them to obtain controlled substances in violation of federal law." The court's decision acknowledged that the government has a legitimate concern that physicians might recommend marijuana in bad faith. However, physicians in good faith using honest medical judgment should not fear DEA sanctions. Furthermore,
Law enforcement
In November 2007, a California appeals court ruled that "it is not the job of the local police to enforce the federal drug laws." The U.S. Supreme Court denied an appeal by the city of Garden GroveGarden Grove, California
Garden Grove is a city located in northern Orange County, California. The population was 170,883 at the 2010 census. State Route 22, also known as the Garden Grove Freeway, passes through the city running east-west. The city is known outside the Southern California area for being the home of Robert H...
in December 2008, upholding the decision. The case began in June 2005 with a medical marijuana patient from Garden Grove being pulled over by city police and cited for possession of marijuana, despite his immediate display of proper medical marijuana documentation. The charge against him was later dismissed, but the city refused to return his confiscated eight grams of marijuana, even after being instructed by Orange County
Orange County, California
Orange County is a county in the U.S. state of California. Its county seat is Santa Ana. As of the 2010 census, its population was 3,010,232, up from 2,846,293 at the 2000 census, making it the third most populous county in California, behind Los Angeles County and San Diego County...
Superior Court. The Supreme Court ruling affects 13 U.S. states with medical marijuana laws.
Police departments throughout Oregon decline to press charges, or charges have been dropped for possessing and growing marijuana, even for convicted drug dealers. Salem
Salem, Oregon
Salem is the capital of the U.S. state of Oregon, and the county seat of Marion County. It is located in the center of the Willamette Valley alongside the Willamette River, which runs north through the city. The river forms the boundary between Marion and Polk counties, and the city neighborhood...
police estimated they received 30 or 40 calls for marijuana activity in 2007 which were not pursued because the grow operations were legal, even one next to a high school. One grower, a previously convicted felon, was found with evidence of making hash oil, which is not protected, though a grand jury did not indict him.
Thermal imaging searches
After a federal agent from the Department of the Interior used a thermal imaging device to determine that Danny Lee Kyllo was using grow lampsGrow light
A grow light or plant light is an artificial light source, generally an electric light, designed to stimulate plant growth by emitting an electromagnetic spectrum appropriate for photosynthesis. Grow lights are used in applications where there is either no naturally occurring light, or where...
to grow marijuana in his Florence, Oregon home, the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
determined that the use of a thermal imaging device from a public vantage point to monitor the radiation of heat from a person's home was a "search" within the meaning of the Fourth Amendment, and thus required a warrant. Because the police in this case did not have a warrant, the Court reversed Kyllo's conviction for growing marijuana.
See also
- Alcoholic beverages in Oregon
- Cannabis in the United StatesCannabis in the United StatesThe use, sale and possession of cannabis in the United States is illegal under federal law. However, some states have created exemptions for medical cannabis use....
- Controlled substances in OregonControlled substances in OregonThe U.S. state of Oregon has various policies restricting the production, sale, and use of different substances. In 2006, Oregon's per capita drug use exceeded the national average...
- History of OregonHistory of OregonThe history of Oregon, a U.S. state, may be considered in five eras: geologic history, inhabitation by native peoples, early exploration by Europeans , settlement by pioneers, and modern development....
- Legal history of cannabis in the United States
- Politics of OregonPolitics of OregonLike many other U.S. states, the politics of Oregon is centered mostly around regional concerns. Oregon leans Democratic as a state, with both U.S Senators from the Democratic party, as well as four out of Oregon's five U.S. Representatives...
External links
- CNBC Gallery of Medical Marijuana: types, applications, estimated prices for various strains of marijuana