Pubdate: Thu, 14 Nov 2013
Source: Sacramento News & Review (CA)
Copyright: 2013 Chico Community Publishing, Inc.
Contact:  http://newsreview.com/sacto/
Details: http://www.mapinc.org/media/540
Author: Ngaio Bealum

MARIJUANA IS WINNING ALL ITS ELECTIONS

I heard marijuana was on the ballot in a few elections last week. How 
did it go?

- -Weedwonk

Weed is winning. And it's not even close. The city of Portland, 
Maine, just legalized possession (up to 2.5 ounces) and use of 
marijuana for adults 21 and older. Weed got 67 percent of the vote. 
Over in Michigan, three cities (Jackson, Ferndale, Lansing) all 
passed initiatives allowing possession and transfer of up to 1 ounce 
on private property. All the initiatives got more than 60 percent of the vote.

Add this to the recent Gallup poll showing that 58 percent of 
Americans are for marijuana legalization, and things are starting to 
look pretty good for people wanting to put an end to cannabis 
prohibition. This also bodes well for the legalization efforts 
planned for 2014 in Oregon and Alaska.

Sidenote to actor Russell Brand, who once said, "I don't vote, as I 
believe democracy is a pointless spectacle where we choose between 
two indistinguishable political parties, neither of whom represent 
the people but the interest of powerful business elites that run the 
world": Any time someone tries to tell me that voting doesn't work, I 
show them my medical-cannabis card. Voting works. If it wasn't so 
important, Republicans wouldn't be trying so hard to keep people from 
doing it. So, I offer congrats to the voters of Portland, Jackson, 
Lansing and Ferndale. And I remind everyone else to get off of their 
stoner asses and vote.

I heard that although the state of Oregon is going to allow legal 
medical-cannabis dispensaries, some cities are still trying to ban 
pot shops. What's the deal?

- -Joe Jefferson

You heard correctly. Shortly after the Oregon Legislature passed the 
law (House Bill 3460) allowing medical-cannabis facilities, the 
Medford City Council passed an ordinance prohibiting businesses that 
"violate federal law." Because distributing medical marijuana 
violates federal law, Medford thought it had a nice little de facto 
ban on medical-cannabis shops.

But Rep. Peter Buckley, a Democrat, asked for a review of H.B. 3460 
to determine whether local governments can do what Medford did. And 
guess what? According to the OLC, cities in Oregon cannot try to get 
around state law by passing de facto bans.

Check this from Charles D. Taylor, senior deputy legislative counsel: 
"We conclude that while a municipality may not be required to violate 
federal law to comply with a conflicting state law, a municipality 
may not act contrary to state law merely because the municipality 
believes that the action will better carry out the purposes and 
objectives of federal law." Furthermore, he states that H.B. 3460 
"preempts most municipal laws specifically targeting medical 
marijuana facilities."

And while this statement from the OLC is nonbinding, it means that if 
a club wants to challenge the Medford ban, they have an excellent 
legal footing. It's about time someone stood up to these 
prohibitionists and for medical-marijuana patients. So thank you, Peter Buckley.
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MAP posted-by: Jay Bergstrom