Pubdate: Fri, 06 Sep 2013
Source: Register-Guard, The (OR)
Copyright: 2013 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

A SOUND MARIJUANA LAW

Legislature Should Get Ahead of Initiative Efforts

One of the safest predictions in politics is that Oregonians will
consider a proposal to legalize recreational use of marijuana next
year. Rep. Phil Barnhart, D-Eugene, shows foresight in suggesting that
the Legis=ADlature write the proposal in its session next February.
State lawmakers are best equipped to ensure that a marijuana measure
would be legally sound, would avoid conflict with federal authorities
and would be consistent with state interests.

Legalization advocates have proved they can place a marijuana
initiative on the ballot =AD they did it last year. Measure 80 was
defeated by the voters but received 47 percent of the vote despite its
poor wording and over-reach. More carefully crafted proposals passed
in Washington state and Colorado. At least two pro=ADlegalization
initiatives are in the early stages of the process of qualifying for
next year's ballot, and one or more will go to the voters unless the
Legislature takes on the issue.

The Washington and Colorado measures passed in the face of the federal
Controlled Substances Act, which flatly prohibits the use of marijuana
for any purpose. A U.S. Justice Department memorandum recently
indicated how it will respond to state marijuana laws =AD including
those in Oregon and 18 other states that have legalized marijuana for
limited medical uses. The memo provides useful guidance in how to
write a state marijuana law without triggering enforcement of the
Controlled Substances Act.

Barnhart says an Oregon marijuana law should focus on breaking
criminal organizations' control of the drug, establishing a system of
regulation and taxation, and keeping marijuana out of the hands of
children. Those aims are consistent with some of the Justice
Department's priorities. The Legislature could write a proposal that
would attempt to serve the state's interests while at the same time
furthering the federal government's goals.

Any marijuana legalization law must deal with several aspects of the
issue. How much of the drug would a person be allowed to own, grow or
sell? What types of retailing would be allowed, and how would
retailers be regulated? How would marijuana be taxed, and what public
services would the revenues support? What would be the punishment for
violations such as exporting marijuana to other states and driving
under the influence of marijuana? The Legislature could do a better
job of answering these questions than advocacy groups whose primary
interest is in legalization.

Oregon voters will ultimately decide whether to legalize marijuana.
When they face that decision voters should have before them a sound
and carefully drafted proposal, one that has been the subject of
public hearings and legal analysis. Other=ADwise, Ore=ADgon could end up
with a marijuana law that either invites federal interference or sets
up problem-=ADridden systems of taxation, regulation and enforcement.
Barnhart is right: This is a job for the Legislature.
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