Oregon Ballot Measure 67 (1998)
Encyclopedia
The Oregon Medical Marijuana Act, a law in the U.S. state
of Oregon
, was established by Oregon Ballot Measure 67 in 1998, passing with 54.6% support. It modified state law
to allow the cultivation, possession
, and use of marijuana
by prescription by patients with certain medical conditions. The Act does not affect federal
law, which still prohibits the cultivation and possession of marijuana.
Measure 33 in 2004 sought to extend the law by mandating distribution centers, but was rejected by voters. Measure 74 in 2010 sought to provide access to medical cannabis for patients through licensed and regulated non-profit dispensaries, fund medical research, establish a program to assist low-income patients and help finance Oregon health programs.
, after California
's Proposition 215
in 1996, to remove criminal penalties for medical marijuana
. It established the first state registry for medical marijuana users. Since the U.S. federal government does not recognize medical marijuana, the Act affects only state law. In other words, U.S. federal penalties remain.
The official ballot title given by the Oregon Secretary of State
for the 1998 campaign was "Allows Medical Use of Marijuana Within Limits; Establishes Permit System". The measure removed state criminal penalties for patients with "debilitating medical conditions" whose doctor verifies the condition and that medical marijuana may help it. Some qualifying conditions include: cachexia
, cancer
, chronic pain
, epilepsy
and other disorders characterized by seizure
s, glaucoma
, HIV
or AIDS
, multiple sclerosis
and other disorders characterized by muscle spasticity
, and nausea
.
Patients obtain permits through the Oregon Department of Human Services
and in 1998 could cultivate no more than seven marijuana plants, of which no more than three could be mature. They could possess no more than four ounces of usable marijuana (one on the person and one per mature plant).
The Oregon Medical Marijuana Program administers the program within the Oregon Department of Human Services
. As of April 1, 2009, there were 20,974 patients registered, with 10,626 caregivers holding cards for these patients.
, who stated that medical marijuana was a way to manage pain of those who were suffering from medical conditions. The measure was opposed by various groups including the Christian Coalition, Oregonians Against Dangerous Drugs, and then–Multnomah County Sheriff
Dan Noelle, who claimed legalizing marijuana would be dangerous.
in 2004. It would have expanded the law, allowing the creation of nonprofit, state-licensed marijuana dispensaries which could sell marijuana to patients, and increasing the maximum amount of marijuana that patients could possess. The dispensaries would have been required to provide the drug to indigent patients for free. If, after six months of the measure's passage, a county lacked a dispensary, the county health division would have been granted a license to open a dispensary. The measure would also have increased to 6 pounds (2.72 kg) the amount of marijuana the patient may possess.
Supporters of Measure 33 claimed that the prohibition on marijuana sales to patients hindered their ability to obtain the quantities they need for treatment. They viewed this measure as a responsible solution to that problem. Some opponents argued that the measure was a back door legalization
attempt. Some also feared that this expansion would have attracted the ire of the federal government, who would have attempted to shut down the entire Oregon medical marijuana program.
Voters rejected the measure, with 42.8% of votes in favor, 57.2% against.
The 2005 Oregon Legislature
passed Senate Bill 1085, which took effect on January 1, 2006. The bill raised the quantity of cannabis that authorized patients may possess from seven plants (with no more than three mature) and three ounces of cannabis to six mature cannabis plants, 18 immature seedlings, and 24 ounces of usable cannabis. The bill also changed the penalty for exceeding the amount allowed for state-qualified patients. The new guidelines no longer give patients the ability to argue an "affirmative defense" of medical necessity
at trial if they exceed the allowed number of plants. But patients who are within the limits retain the ability to raise an affirmative defense at trial even if they fail to register with the state.
Donna Nelson introduced a bill in the 2007 legislative session that would have prohibited law enforcement officials from using medical marijuana. Kevin Mannix
, a former state legislator
and former candidate for governor
, circulated an initiative petition that would have asked voters in the 2008 general election to scale back the law. Neither was successful.
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
. 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.
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of 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 established by Oregon Ballot Measure 67 in 1998, passing with 54.6% support. 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
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...
, and use of marijuana
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...
by prescription by patients with certain medical conditions. 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.
Measure 33 in 2004 sought to extend the law by mandating distribution centers, but was rejected by voters. Measure 74 in 2010 sought to provide access to medical cannabis for patients through licensed and regulated non-profit dispensaries, fund medical research, establish a program to assist low-income patients and help finance Oregon health programs.
History and specifics of the law
The Act made Oregon the second state in the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, after 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...
's 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...
in 1996, to remove criminal penalties for medical marijuana
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...
. It established the first state registry for medical marijuana users. Since the U.S. federal government does not recognize medical marijuana, the Act affects only state law. In other words, U.S. federal penalties remain.
The official ballot title given by the Oregon Secretary of State
Oregon Secretary of State
The Secretary of State of Oregon, an elected constitutional officer within the executive branch of government of the U.S. state of Oregon, is first in line of succession to the Governor. The duties of office are: auditor of public accounts, chief elections officer, and administrator of public...
for the 1998 campaign was "Allows Medical Use of Marijuana Within Limits; Establishes Permit System". The measure removed state criminal penalties for patients with "debilitating medical conditions" whose doctor verifies the condition and that medical marijuana may help it. Some qualifying conditions include: 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...
, 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...
, chronic 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...
, 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...
and other disorders characterized by seizure
Seizure
An epileptic seizure, occasionally referred to as a fit, is defined as a transient symptom of "abnormal excessive or synchronous neuronal activity in the brain". The outward effect can be as dramatic as a wild thrashing movement or as mild as a brief loss of awareness...
s, 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...
, 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...
or AIDS
AIDS
Acquired immune deficiency syndrome or acquired immunodeficiency syndrome is a disease of the human immune system caused by the human immunodeficiency virus...
, multiple sclerosis
Multiple sclerosis
Multiple sclerosis is an inflammatory disease in which the fatty myelin sheaths around the axons of the brain and spinal cord are damaged, leading to demyelination and scarring as well as a broad spectrum of signs and symptoms...
and other disorders characterized by muscle spasticity
Spasticity
Spasticity is a feature of altered skeletal muscle performance in muscle tone involving hypertonia, which is also referred to as an unusual "tightness" of muscles...
, and 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...
.
Patients obtain permits through 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...
and in 1998 could cultivate no more than seven marijuana plants, of which no more than three could be mature. They could possess no more than four ounces of usable marijuana (one on the person and one per mature plant).
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.
Supporters and opponents
Groups supporting the ballot measure included Oregonians for Medical Rights and the American Civil Liberties UnionAmerican Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
, who stated that medical marijuana was a way to manage pain of those who were suffering from medical conditions. The measure was opposed by various groups including the Christian Coalition, Oregonians Against Dangerous Drugs, and then–Multnomah County Sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
Dan Noelle, who claimed legalizing marijuana would be dangerous.
Attempts to change the law
Measure 33 was placed on the ballot by initiative petitionInitiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
in 2004. It would have expanded the law, allowing the creation of nonprofit, state-licensed marijuana dispensaries which could sell marijuana to patients, and increasing the maximum amount of marijuana that patients could possess. The dispensaries would have been required to provide the drug to indigent patients for free. If, after six months of the measure's passage, a county lacked a dispensary, the county health division would have been granted a license to open a dispensary. The measure would also have increased to 6 pounds (2.72 kg) the amount of marijuana the patient may possess.
Supporters of Measure 33 claimed that the prohibition on marijuana sales to patients hindered their ability to obtain the quantities they need for treatment. They viewed this measure as a responsible solution to that problem. Some opponents argued that the measure was a back door legalization
Legalization
Legalization is the process of removing a legal prohibition against something which is currently not legal.Legalization is a process often applied to what are regarded, by those working towards legalization, as victimless crimes, of which one example is the consumption of illegal drugs .Those...
attempt. Some also feared that this expansion would have attracted the ire of the federal government, who would have attempted to shut down the entire Oregon medical marijuana program.
Voters rejected the measure, with 42.8% of votes in favor, 57.2% against.
The 2005 Oregon Legislature
Seventy-third Oregon Legislative Assembly
The seventy-third Oregon Legislative Assembly was the Oregon Legislative Assembly 's period from 2005 to 2006. The seventy-third Oregon Legislative Assembly was the Oregon Legislative Assembly (OLA)'s period from 2005 to 2006. The seventy-third Oregon Legislative Assembly was the Oregon Legislative...
passed Senate Bill 1085, which took effect on January 1, 2006. The bill raised the quantity of cannabis that authorized patients may possess from seven plants (with no more than three mature) and three ounces of cannabis to six mature cannabis plants, 18 immature seedlings, and 24 ounces of usable cannabis. The bill also changed the penalty for exceeding the amount allowed for state-qualified patients. The new guidelines no longer give patients the ability to argue an "affirmative defense" of medical necessity
Medical necessity
Medical necessity is a United States legal doctrine, related to activities which may be justified as reasonable, necessary, and/or appropriate, based on evidence-based clinical standards of care. Other countries may have medical doctrines or legal rules covering broadly similar grounds...
at trial if they exceed the allowed number of plants. But patients who are within the limits retain the ability to raise an affirmative defense at trial even if they fail to register with the state.
Donna Nelson introduced a bill in the 2007 legislative session that would have prohibited law enforcement officials from using medical marijuana. Kevin Mannix
Kevin Mannix
Kevin Leese Mannix is a politician, business attorney, and former chairman of the Republican Party in the U.S. state of Oregon.Mannix has served in both houses of the Oregon Legislative Assembly, as a Democrat and, later, a Republican...
, a former state legislator
Oregon Legislative Assembly
The Oregon Legislative Assembly is the state legislature for the U.S. state of Oregon. The Legislative Assembly is bicameral, consisting of an upper and lower house: the Senate, whose 30 members are elected to serve four-year terms; and the House of Representatives, with 60 members elected to...
and former candidate for governor
Governor of Oregon
The Governor of Oregon is the top executive of the government of the U.S. state of Oregon. The title of governor was also applied to the office of Oregon's chief executive during the provisional and U.S. territorial governments....
, circulated an initiative petition that would have asked voters in the 2008 general election to scale back the law. Neither was successful.
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.
See also
- Cannabis in OregonCannabis in OregonCannabis in Oregon relates to a number of legislative, legal, and cultural events surrounding use of cannabis Oregon was the first U.S. state to decriminalize the possession of small amounts of cannabis, and among the first to authorize its use for medical purposes...
- Medical cannabisMedical cannabisMedical 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...
- Gonzales v. RaichGonzales v. RaichGonzales v. Raich , 545 U.S. 1 , was a decision by the United States Supreme Court ruling that under the Commerce Clause of the United States Constitution, the United States Congress may criminalize the production and use of home-grown cannabis even where states approve its use for medicinal...
- US Supreme Court case, determined that medical marijuana violates federal law - List of Oregon ballot measures
External links
- NORML's entry for Oregon
- Oregon Secretary of State Measure 67 Guide
- Oregon Voter's Guide page for Measure 33--includes ballot title, text of the measure, and arguments for and against