Oregon Medical Marijuana Act
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The Oregon Medical Marijuana Act, a law in the U.S. state of Oregon, was established by Oregon Ballot Measure 67 in 1998. It modified state law to allow the cultivation, possession, and use of marijuana by prescription by patients with certain medical conditions. The ballot measure passed by a margin of 54.6% to 45.4%.[1]
The Act does not affect Federal law, which still prohibits the cultivation and possession of marijuana.
Measure 33 in 2004 sought to extend the law by mandating distribution centers, but was rejected by voters.
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[edit] History and specifics of the law
The Act made Oregon the second state in the United States, after California's Proposition 215 in 1996, to remove criminal penalties for medical marijuana. It established the first state registry for medical marijuana users. Since the U.S. federal government does not recognize medical marijuana, the Act affects only state law. In other words, U.S. federal penalties remain.
The official ballot title given by the Oregon Secretary of State for the 1998 campaign was "Allows Medical Use of Marijuana Within Limits; Establishes Permit System". The measure removed state criminal penalties for patients with "debilitating medical conditions" whose doctor verifies the condition and that medical marijuana may help it. Some qualifying conditions include: cachexia; cancer; chronic pain; epilepsy and other disorders characterized by seizures; glaucoma; HIV or AIDS; multiple sclerosis and other disorders characterized by muscle spasticity; and nausea.
Patients obtain permits through the Oregon Department of Human Services and in 1998 could cultivate no more than seven marijuana plants, of which no more than three could be mature. They could possess no more than four ounces of usable marijuana (one on the person and one per mature plant).
The Oregon Medical Marijuana Program administers the program within the Oregon Department of Human Services. As of April 1, 2008, there were 16,635 patients registered.[2]
[edit] Supporters and opponents
Groups supporting the ballot measure included Oregonians for Medical Rights and the American Civil Liberties Union who stated that medical marijuana was a way to manage pain of those who were suffering from medical conditions. The measure was opposed by various groups including the Christian Coalition, Oregonians Against Dangerous Drugs, and then-Multnomah County Sheriff Dan Noelle, who claimed legalizing marijuana would be dangerous.[3]
[edit] Attempts to update the law
Ballot Measure 33 of 2004 would have expanded the law, allowing the creation of nonprofit state-licensed marijuana dispensaries which could sell marijuana to patients, and increasing the maximum amount of marijuana that patients could possess. The dispensaries would have been required to provide the drug to indigent patients for free. If, after six months of the measure's passage, a county lacked a dispensary, the county health division would have been granted a license to open a dispensary. The measure would also have increased to 6 lb (2.72 kg) the limit of marijuana that the patient may possess.[4]
Supporters of Measure 33 claimed that the prohibition on marijuana sales to patients hindered their ability to obtain the quantities they need for treatment. They viewed this measure as a responsible solution to that problem. Some opponents argued that the measure was a back door legalization attempt. Some also feared that this expansion would have attracted the ire of the federal government, who would have attempted to shut down the entire Oregon medical marijuana program.
Measure 33's official ballot title was "Amends Medical Marijuana Act: Requires Marijuana Dispensaries for Supplying Patients Caregivers; Raises Patients' Possession Limit". Voters rejected the measure, with 42.8% of votes in favor, 57.2% against.[5] The measure was placed on the ballot by initiative petition.
In 2005, the Oregon Legislature passed Senate Bill 1085, which took effect on January 1, 2006. The bill raised the quantity of cannabis that authorized patients may possess from seven plants (with no more than three mature) and three ounces of cannabis to six mature cannabis plants, 18 immature seedlings, and 24 ounces of usable cannabis. The bill also changed the penalty for exceeding the amount allowed for state-qualified patients. The new guidelines no longer give patients the ability to argue an "affirmative defense" of medical necessity at trial if they exceed the allowed number of plants. But patients who are within the limits retain the ability to raise an affirmative defense at trial even if they fail to register with the state.[6]
Kevin Mannix, a former state legislator and candidate for governor, has circulated an initiative petition that would ask voters in the 2008 general election to scale back the law.
[edit] See also
- Medical marijuana
- Gonzales v. Raich - US Supreme Court case, determined that medical marijuana violates Federal law
- List of Oregon ballot measures
[edit] References
- ^ http://www.sos.state.or.us/elections/nov398/other.info/m67.htm, Oregon Secretary of State
- ^ Oregon Medical Marijuana Program Data. oregon.gov. Retrieved on 2008-06-02.
- ^ http://www.sos.state.or.us/elections/nov398/guide/measure/m67.htm#gen1, Oregon Secretary of State
- ^ http://www.sos.state.or.us/elections/nov22004/guide/meas/m33_bt.html, Oregon Secretary of State
- ^ http://www.sos.state.or.us/elections/nov22004/abstract/m33.pdf
- ^ http://www.norml.org/index.cfm?Group_ID=4559&wtm_view=medical, NORML
[edit] External links
- NORML
- Oregon Secretary of State Measure 67 Results
- Oregon Secretary of State Measure 67 Guide
- Oregon Voter's Guide page for Measure 33--includes ballot title, text of the measure, and arguments for and against
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