Pubdate: Sat, 06 Jul 2013
Source: Oregonian, The (Portland, OR)
Copyright: 2013 The Oregonian
Contact:  http://www.oregonlive.com/oregonian/
Details: http://www.mapinc.org/media/324
Author: Noelle Crombie

BILL CREATING REGISTRY OF MEDICAL MARIJUANA OUTLETS PASSES OREGON HOUSE

The Oregon House on Saturday passed a bill legalizing medical 
marijuana retail establishments, moving what has been a booming but 
legally hazy industry squarely into the mainstream and handing 
medical marijuana advocates a major victory.

House Bill 3460, now headed to Gov. John Kitzhaber's desk, creates a 
registry of businesses that sell the medical marijuana. Patients have 
long sought retail access to cannabis, arguing the state's rules -- 
grow your own marijuana or have someone do it for you -- are unrealistic.

Legislative approval comes a year after an investigation by The 
Oregonian showed that scant state regulation of medical marijuana 
allowed widespread diversion to the black market.

The vote means Oregon joins a dozen other states that allow medical 
marijuana dispensaries or retail outlets.

Oregon voters have twice defeated ballot initiatives creating a 
regulated dispensary system, but that hasn't deterred the state's 
medical marijuana industry. Multnomah County law enforcement has 
largely looked the other way when it comes to these establishments, 
but police in other counties, such as Jackson, Washington and Malheur 
have cracked down on the sale of medical marijuana out of retail storefronts.

Details about how the registry will work need to be worked out by the 
Oregon Health Authority, but here's a quick rundown of what the 
passage of HB 3460 means for Oregon:

Q: Does the new law mean existing medical marijuana storefronts are 
now state-sanctioned?

A: Not yet. The Oregon Health Authority, which oversees the state's 
medical marijuana program, has until March 2014 to draft rules on 
security, marijuana testing and other issues. Initially, the bill 
included a provision potentially limiting criminal liability for 
existing medical marijuana clubs and collectives. Oregon prosecutors 
successfully lobbied to strip that protection from the bill.

Q: How much will it cost to buy marijuana in one of these facilities?

A: Operators can set their own prices. The price may reflect the 
costs of "doing business, including costs related to transferring, 
handling, security, insuring, testing, packaging and processing 
usable marijuana and immature marijuana plants and the cost of 
supplies, utilities, rent or mortgage."

Q: Will medical marijuana producers be paid?

A: Yes. Operators of a medical marijuana facility may reimburse 
state-registered cannabis growers for the same expenses listed above.

Q: Can anyone operate a medical marijuana facility?

A: The person responsible for the facility must be an Oregon 
resident. People convicted of felony manufacturing or delivery of a 
controlled substance are prohibited.

Q: Are these establishments subject to inspection?

A: The law allows the Oregon Health Authority to perform inspections 
"at any reasonable time."

Q: What information will police have about these establishments?

A: Law enforcement may verify whether a facility is registered with the state.

Q: Will producers of marijuana-infused brownies, cookies, candies and 
other edibles be required to register with the state?

A: The law does not address makers of marijuana-infused products.

Q: How much will registration cost?

A: The Oregon Health Authority expects to charge each establishment 
$4,000 a year.

Q: What does the law mean for the Oregon Medical Marijuana Program?

A: More staff and more work. The Legislative Fiscal Office expects 
the registry system will require hiring four employees, including two 
who will inspect establishments for compliance with zoning and other 
requirements.

Q: How will this new registry be funded?

A: State officials expect registration fees will generate $900,000 in 
the first two years, covering the cost of staff and other expenses.

Q: Can anyone walk into one of these medical marijuana establishments 
and buy cannabis?

A: No. Only Oregon medical marijuana patients are allowed. 
Recreational marijuana use is not legal in the state.

Q: Now that medical marijuana dispensaries, collectives and other 
outlets are legal in Oregon, does that mean they can open anywhere?

A: The law restricts facilities from operating within 1,000 feet of a 
school or 1,000 feet of another facility. They may only operate in 
farm or commercial zones but can't be in the same location as a 
medical marijuana grow site. The League of Oregon Cities, which 
endorsed the bill, noted it doesn't block municipalities from 
adopting their own ordinances on medical marijuana outlets.

Q: How many outlets will operate under the new law?

A: Officials expect to register about 225 outlets in the first two years.

Q: What about the quality of marijuana sold in retail outlets? Will 
the product be tested?

A: Yes. The new law requires medical marijuana sold by one of these 
state-licensed outlets be tested for mold, mildew and pesticides. The 
law doesn't address rules for facilities that perform such testing, 
themselves a cottage industry in Oregon.
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MAP posted-by: Jay Bergstrom