Pubdate: Sat, 20 Oct 2012
Source: Register-Guard, The (OR)
Copyright: 2012 The Register-Guard
Contact: http://www.registerguard.com/web/opinion/#contribute-a-letter
Website: http://www.registerguard.com/
Details: http://www.mapinc.org/media/362
Author: Jack Moran

JUST SAY YES OR NO

Oregon Voters Will Decide Whether to Legalize Marijuana

It has been lambasted on editorial pages, fizzled in pre-election 
polls and called "possibly too pro-pot" by the head of the nation's 
leading voice for ending marijuana prohibition.

But Paul Stanford, the author and main campaign contributor of ballot 
Measure 80, said he's confident that a majority of Oregon voters will 
back his plan to allow cannabis to be grown, sold and used for a 
broad variety of purposes.

"I think it's going to be close, but I think we're going to win," 
said Stanford, a Portland resident.

Oregon is one of three states set to vote on pot legalization 
proposals on Election Day, Nov. 6. Despite its longstanding 
reputation as a place with a progressive stance toward marijuana use, 
many pundits predict that Oregon will just say no to Measure 80.

Similar but less-expansive legalization proposals in both Washington 
and Colorado, meanwhile, appear to be better positioned to pass, 
according to recent polls. Big-money donors have contributed heavily 
to campaigns in those two states, but haven't shared that support 
with backers of Measure 80, also known as the Oregon Cannabis Tax Act 
Initiative.

"It's somewhat frustrating and disappointing, but not entirely 
surprising," Stanford said of his campaign's inability to attract 
substantial donations.

Wealthy advocates of legalization "didn't anticipate we would qualify 
for the ballot here, and the polls have not been really good," Stanford said.

Allen St. Pierre, executive director of the National Organization for 
the Reform of Marijuana Laws, said a lack of money and the fact that 
Measure 80 "came to the dance a little bit late" - not qualifying for 
the ballot until July, well after the buzz had begun for legalization 
proposals in Washington and Colorado - are two factors that could 
hinder Stanford's pot plan.

There's also a third factor that might turn off some voters, St. Pierre said.

"It's incredibly idealistic, and possibly too pro-pot" to succeed, he 
said, adding that NORML, which is based in Washington, D.C., "would 
not have written (Measure 80) as broadly as it's written."

"It's got some things working against it," St. Pierre added. "But 
statistically speaking, it's probably still in play."

A poll of 700 likely voters released Thursday found that 36 percent 
supported legalizing marijuana in Oregon. About 43 percent were 
opposed to the idea, while 21 percent were undecided. The poll was 
conducted by SurveyUSA on behalf of Portland television station KATU.

A range of arguments

Measure 80s text takes up three full pages in the state Voters' 
Pamphlet, and covers a lot of ground along the way.

In summary, the measure would replace state laws that outlaw the 
cultivation, possession and delivery of marijuana, and allow adults 
to grow an unlimited amount of pot for personal use. A new state 
commission would purchase marijuana from licensed growers and sell 
processed buds to state-licensed pharmacies, medical research centers 
and stores where adults aged 21 and older could buy it. And farmers 
would be allowed to grow hemp for industrial purposes.

The text of the measure also covers several arguments that marijuana 
enthusiasts have for decades used when asked to defend their favorite 
plant, including: that George Washington grew cannabis for more than 
30 years, that moderate use of the drug causes very little 
impairment, and that laws banning its use violate a person's religious rights.

Stanford said that his plan would drive black-market drug dealers out 
of business, generate tens of millions of dollars in new revenue for 
the state and allow police to focus on more-serious crimes. Much of 
the revenue would go into the state's general fund to help pay for a 
range of state programs, he said.

Others who published Voters' Pamphlet arguments in favor of Measure 
80 include a group of 12 criminal defense attorneys; and Dan Clay, 
president of the United Food and Commercial Workers Local 555, a 
labor union representing about 19,000 people in Oregon and 
southwestern Washington. Clay wrote that the measure would create 
thousands of new jobs.

Stanford's "Yes on 80" campaign has raised less than $38,000 since 
the measure qualified for the ballot. A separate committee that 
favors the proposal has raised an additional $4,700.

Police opposition

Oregon police and prosecutors have publicly opposed Measure 80, 
claiming in Voters' Pamphlet arguments that legalizing marijuana 
would increase intoxicated driving cases and teenage pot use. Oregon 
could also become a magnet for criminals who would come here in order 
to purchase pot that could be resold in their home states, opponents say.

Several law enforcement officials and elected representatives from 
Lane County declined to respond this week to an e-mail seeking their 
thoughts on marijuana legalization.

State elections law forbids public employees from publicly voicing 
opinions on any particular ballot issue.

The Oregon State Sheriffs' Association formed the only political 
action group set up in opposition to Measure 80, but has raised no 
money to campaign against the proposal.

Meanwhile, several former Drug Enforcement Agency administrators and 
directors of the Office of National Drug Control Policy last week 
urged President Obama and U.S. Attorney General Eric Holder to take a 
public stand against the three states' legalization proposals, since 
marijuana remains illegal for any purpose under federal law.

One month before California voters narrowly defeated a legalization 
measure in 2010, Holder vowed to "vigorously enforce" federal 
marijuana laws if that state were to freely allow marijuana use.

Any state that legalizes pot should expect federal opposition - as 
well as a huge influx of tourists and new residents who flock there 
to freely purchase, use or grow marijuana, said St. Pierre, NORML's 
executive director.

"The state that does it first will immediately become a haven for 
what is called drug tourism," he said.

Possible backlash

Eugene resident Dan Koozer, director of NORML's Willamette Valley 
chapter, said he remains "semi-optimistic" that voters will favor Measure 80.

Generally speaking, attitudes about legalizing pot "are better now 
than they've ever been as long as I've been an activist," Koozer 
said. "But the thing is that a large part of the cannabis culture 
doesn't participate in voting."

Both Koozer and Jim Greig, a Eugene medical marijuana patient who has 
been active in the local NORML chapter, say they worry about a 
backlash that could result if the ballot issue is defeated by a wide margin.

"Our big fear is that the Legislature would interpret that as a 
statement against the (state's) medical marijuana program, when 
really it's two separate issues," said Greig, who uses medicinal pot 
to combat a severe form of rheumatoid arthritis.

Nearly 57,000 people - more than 6,000 of whom reside in Lane County 
- - are state-registered medical marijuana patients. Law enforcement 
officials have roundly criticized the state program as providing 
recreational pot smokers a way to get high legally after finding a 
physician who is willing to recommend that marijuana be used for 
medical purposes.

Several privately run medical marijuana dispensaries, including one 
in Eugene, recently have been shut down by police in Oregon. Nearly 
200 such outlets remain open across the state.

Sixteen other states and the District of Columbia allow marijuana to 
be used as medicine.

In addition to being one of the first states to pass a medical 
marijuana law, Oregon in 1973 became the first to decriminalize 
possession of small amounts of the drug.

Carrying less than an ounce of pot is still illegal, but it's handled 
similarly to a traffic ticket and punishable only by a fine of up to $1,000.

"No other state, except for perhaps California, has talked about and 
publicly vetted the issue of marijuana more than Oregon has," St. 
Pierre said. "I would think that activists in Oregon would have no 
problem coming back and asking people to reconsider the issue" if the 
current legalization measure fails.

[sidebar]

Marijuana in Oregon: A timeline

1935: State passes Uniform State Narcotic Drug Act, which outlawed 
all cannabis and marijuana use.

1973: Oregon Decriminalization Bill passes, aboloshing criminal 
penalties for possession of less than one ounce of pot. Five other 
U.S. states have since decriminalized small amounts of marijuana.

1986: Voters soundly defeat state ballot Measure 5, which sought to 
legalize cannabis in Oregon.

1997: Legislature passes House Bill 3643, which recriminalized 
possession of less than an ounce.

1998: Voters overturn recriminalization law and approve Measure 67, 
establishing state medical marijuana program.

2010: Oregon Board of Pharmacy recognizes pot as a drug that has medical use.

2012: Voters set to decide ballot Measure 80, another legalization proposal.

Measure 80 Basics

Here is a summary explanation of Measure 80, which seeks to legalize 
marijuana and hemp use:

Replaces state and local marijuana laws, except for medical marijuana 
and driving under the influence statutes.

Distinguishes "marijuana" from "hemp" and prohibits regulation of 
hemp cultivation.

Creates commission to license marijuana growers and to purchase those 
growers' entire crops. Marijuana from those crops would be sold 
at-cost to pharmacies, medical research centers and to qualified 
adults for profit through state-licensed stores. Commission would set prices.

Ninety percent of net proceeds would go to the state's general fund, 
with the remainder to drug education, treatment and hemp promotion.

Bans possession by, or sales to minors.

Bans public consumption by adults, except where signs permit.

Requires state attorney general to defend against federal challenges 
and prosecutions.
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MAP posted-by: Jay Bergstrom