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. - --- MAP posted-by: Jay Bergstrom