Pubdate: Sun, 20 May 2012
Source: Mail Tribune, The (Medford, OR)
Copyright: 2012 The Mail Tribune
Contact:  http://www.mailtribune.com/
Details: http://www.mapinc.org/media/642
Author: Laird Funk
Referenced: http://www.mapinc.org/drugnews/v12/n273/a08.html

INITIATIVES WOULD PUT AN END TO 'CANNABIS CONFLICT'

The solution to the "Cannabis Conflict" is in sight!. Yes, as this
paper pointed out in its editorial of May 11, there is a problem
caused by having partially lawful marijuana in a world where the
demand for marijuana for personal uses other than medical is massive.

That demand does exert significant pressure on growers of medical
marijuana, pressure which apparently does tempt a few individuals to
divert that product to other markets. Your editorial is a reasoned
presentation of several aspects of the problem, but unfortunately it
is initially flawed by the reference to "back-door legalization" in
the opening paragraph.

It is common in some disapproving circles to refer to the valuable
Oregon Medical Marijuana Act as such a "back-door" attempt or the
advocates of it referred to as "dishonest" because they put their
energies into getting OMMA passed rather than working for straight
forward legalization.

Being a three-time chief petitioner for statewide legalization
measures and a co-author of OMMA, I reject such gratuitous
characterizations.

The facts remain as they were in 1998: Oregonians needed access to
marijuana for medical purposes, a need which could be solved as
Oregonians continued to discuss full legalization and advocates put
aside their desire for wider legalization and worked to bring relief
to those Oregonians.

While the diversion of medical marijuana is a problem, it can be
minimized by allowing growers to make some profit from their efforts
and the creation of a dispensary system to both give growers a lawful
outlet and to provide medicine to patients who can't self-supply.
Those changes would minimize diversion, but the only real total
solution, as you allude to, is legalization of marijuana for all
personal uses.

While no state has taken "that step," Oregon is getting ready to this
year.

As of today, two marijuana legalization initiatives have gathered the
required number of signatures to qualify for the early date for
submitting signatures to the secretary of state for verification. As
these signatures are verified, workers will continue to canvas
Oregonians for the rest of the signatures needed to make up for any
disqualified during verification. Backers of both measures expect that
the initiatives will be on November's ballot.

One initiative, I-9, is a statutory change setting up a program to
create an organized production, distribution, sales and taxation
process for marijuana. Titled Oregon Cannabis Tax Act, it is a
detailed proposal which would put the state in charge of all
commercial aspects of marijuana as well as allowing production of
hemp. Production, possession and personal use of marijuana by an
individual would be excluded from the commercial regulations.

Given this paper's expressed sympathy for the loss of marijuana-driven
revenue suffered by Northern California counties, this measure may be
attractive to this paper's editors. OCTA has been in the works for a
couple years and now is making good forward progress.

The other initiative, I-24, is amendment which creates a new Section
46 of Article I of Oregon's constitution, which provides that, except
for actions that endanger minors or public safety, neither the
criminal offenses and sanctions nor the laws of seizure and forfeiture
of Oregon shall apply to the private, personal use, possession or
production of marijuana by adults 21 years of age and older.

The state legislature may enact laws and regulations consistent with
the amendment to reasonably define, limit and regulate the use,
possession, production, sale or taxation of marijuana under state law.

It may seem confusing to have two measures relating to the same
subject on the ballot but the two measures do not conflict and should
not be seen as being in competition for your vote. Since I-24 changes
the Constitution and OCTA changes statutes, the two could both pass
and complement each other.

Because the Oregon legislature and Oregonians through the initiative
process are coequal when it comes to creating laws, if both measures
pass the legislature would be able to make changes in OCTA as long the
changes fall within those actions considered "reasonable" under the
new Article I, Section 46.

This paper is correct in saying that medical marijuana laws will
invite exploitation as long as marijuana is illegal. However, it is
wrong in saying that it is unlikely that any state will legalize
marijuana in the near future.

November is the near future and Oregon is highly likely to pass the
two legalization initiatives. Oregonians should sign the two petitions
and vote yes on them next fall. The "Cannabis Conflict" can be ended.
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MAP posted-by: Matt