Pubdate: Sun, 29 Jul 2012
Source: Oregonian, The (Portland, OR)
Copyright: 2012 The Oregonian
Contact:  http://www.oregonlive.com/oregonian/
Details: http://www.mapinc.org/media/324

OREGON POT LEGALIZATION MEASURE HARD TO TAKE SERIOUSLY

As we argued earlier this month, the thousands of people who signed a
petition in favor of marijuana legalization deserve a serious debate
on Measure 80, which will appear on November's ballot. Unfortunately,
we rarely get exactly what we deserve. The Oregon Cannabis Tax Act --
we'll say this as charitably as we can -- does not lend itself to
serious debate.

This is a missed opportunity for Oregon, which has legalized the
growth and possession of pot in the breach through its medical
marijuana program. We have no doubt that marijuana use has unique
therapeutic value for some ill people, but the push to legalize
medical marijuana was largely an attempt to chip away at the legal
barriers to recreational marijuana use.

Ideally, Oregonians would be weighing the following question: Should
we stick with a farcical medical marijuana program or legalize (and
tax) marijuana in a thoughtful and responsible way?

There are good reasons for legalizing pot. It's arguably no more
damaging than alcohol, which many people already use (and abuse)
without violating the law. Besides, informed adults should be free to
decide what to do with their own bodies as long as their choices don't
harm others.

There are also good reasons for refusing to legalize it, among them
preventing easier access by children.

But the choice before Oregonians doesn't involve the expansion of a
farcical medical marijuana program into a thoughtfully constructed
legalization program. Instead, we're being asked to swap one farce for
another.

Consider who'd be calling the shots. The Oregon Cannabis Tax Act would
vest oversight power in a special commission, the Oregon Cannabis
Commission, which would license people to cultivate and process
marijuana for sale at commission stores. These would be the marijuana
equivalent of state liquor stores. For the commission's first year of
existence, its seven members would be appointed by the governor. After
that, five of its seven members would be chosen by marijuana growers
and processors.

That's right, the marijuana industry would oversee the marijuana
industry, which would do business in a collection of state-run stores.
Oregon ought to be getting out of the booze business, not into the pot
business.

The commission's power would extend beyond licensing and regulation.
It also will have the authority to make rules that would affect
Oregonians more broadly. These include rules designed to "discourage
and minimize the diversion of cannabis to illicit sale or use within
the state, the illicit importation and sale of cannabis cultivated or
processed outside the state, and the illicit export or removal of
cannabis from the state."

Not that the measure's sponsors intend to deny marijuana to
non-Oregonians. In addition to its other duties, the cannabis
commission would work "to promote Oregon cannabis products in all
legal national and international markets." Well, that's one way to
boost tourism.

And, once again, marijuana growers and processors would be calling the
shots.

Chief petitioner Paul Stanford told The Oregonian last week that the
Legislature could change the makeup of the commission if it wanted to,
which is true. It's also true, however, that Stanford and Co. had an
opportunity to write an initiative that didn't allow the pot business
to regulate itself and make rules that would affect others. Their
decision tells you all you really need to know about their motivations
and the problems that this initiative could create.

The measure has other oddities, of course. It also would prohibit the
disclosure of information on all applicants and licensees  including
names  without their consent. Such opacity is disturbing, but also
interesting given the measure's claim, made in a lengthy preamble,
that "federal and corporate misinformation campaigns" have covered up
the environmental, industrial and medical wonders of the marijuana
plant. You'd think a group that so loathes secrecy and cover-ups would
hesitate to hide the names of those licensed to grow and process
marijuana for public consumption.

And then there's the educational component. The measure would preserve
1 percent of the state's cut of marijuana revenue for a public school
drug education program that must provide students "accurate
information about the threat ... drugs pose to their mental and
physical development." We can only imagine what "accurate information"
means in this context.

Oregonians who want to force a confrontation with the federal
government over the sale and possession of marijuana aren't likely to
sweat the details. But those who do care about particulars -- allowing
marijuana growers and processors to regulate themselves, for instance
- -- should have serious reservations about this measure. Its sponsors
have a lot of work to do between now and November.
- ---
MAP posted-by: Matt