Jul 162012
 July 16, 2012

vote for marijuanaOregon Joins Colorado and Washington in voting on marijuana legalization this election.

History was made late Friday as the Oregon Secretary of State announced that the Oregon Cannabis Tax Act turned in enough valid signatures to qualify for the 2012 ballot. Oregon joins Washington and Colorado in voting for marijuana legalization this year, the first time in history three U.S. states will put the legalization question to voters.

Beginning with California’s original Prop 19 in 1972 through California’s latest Prop 19 in 2010, every previous attempt to legalize marijuana in America has ended in defeat. In the forty years since that first attempt, there have only been eight statewide legalization measures to make the ballot in just five states (Alaska, Nevada, Colorado, California, and Oregon).

Here is a look at the three legalization measures to be put before the voters in the November 2012 election:

Comparing Oregon, Colorado, & Washington Legalization Measures[i]

StateClick here for more coverage of Oregon
InitiativeOregon Cannabis Tax Act (OCTA or I-9)Regulate Marijuana Like Alcohol (A-64 Colorado)New Approach Washington (I-502)
Personal PossessionAllowed, Limit Not Designated[ii]1 ounce in public; all of the cannabis produced from harvests of personal plants at the grow site.1 ounce of cannabis;
16 ounces of solid products (hash, brownies, etc.);
72 ounces of liquid products (tinctures, etc.)
Personal CultivationAllowed, Limit Not Designated6 plants, only 3 in flower.NOT ALLOWED
Age Limit21 Years Old21 Years Old21 Years Old
Public ConsumptionNone except non-minor areas where prominent signs allow it.No “open and public” consumption.None.
DUID StandardCurrent Oregon Law (demonstrated impairment)Current Colorado law (demonstrated impairment)New 5ng THC / mL blood per se DUID; zero-tolerance under age 21.
Regulatory BodyNew Oregon Cannabis Commission (OCC)Colorado Department of RevenueWashington State Liquor Control Board
Hashish / Hash Oil?“Cannabis means all parts, derivatives, or preparations of the cannabis plant.”“Marijuana means… every compound, manufacture, salt, derivative, mixture, or preparation of the plant, or its seeds, or its resin, including concentrates.”“Marijuana means… every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.”
Industrial Hemp?[iii]Legalized as any crop, no licenses, fees, or regulation; all seeds & starts are considered hemp.Hemp defined as <0.3% THC cannabis, department shall set hemp regulations.Marijuana defined as >0.3% THC, implying hemp is any cannabis <=0.3% THC and thereby legalized.
Commercial CultivationIndividuals may cultivate for sale to the OCCMarijuana Cultivation FacilitiesMarijuana producer’s license available for cannabis sales to processors[iv]
Commercial ProcessingIndividuals may process cannabis into hash, hash oil, medibles, tinctures, salves, etc. for sale to the OCCMarijuana Product Manufacturing FacilitiesMarijuana processor’s license available for cannabis sales to retailers.
Commercial SalesOCC Cannabis Stores, may limit amounts and frequencyRetail Marijuana StoresMarijuana retailer’s license available for cannabis sales to the public. Can only sell marijuana.
Commercial ZoningNot specified, OCC may set regulationsNot specified, department may set regulations>1000 feet of schools, playgrounds, other locations with minors.
Taxes & FeesNot specified15% excise tax at wholesale level[v] (cultivator to processor or retailer)25% excise tax at each stage of sales (producer to processor to retailer to customer)
Medical MarijuanaOCC Stores sell cannabis at cost to qualifying patients.Act does not apply to medical marijuana, which retains its current regulatory structure.Improves medical marijuana by providing protection from arrest for some possession.[vi]
RestrictionsSale to minors or unlicensed sale forfeits one’s right to buy, sell, or process cannabisLocalities may ban commercial cultivation, processing, retail through their governing body or by ballot initiative only in even-numbered years.[vii]May set maximum number of retail outlets / county. Signage can be no more than 1600 square inches. No advertising near kids.
Fee DistributionAfter OCC / AG costs, 90% to General Fund, 7% to Drug Abuse Treatment, 1% for hemp promotion, 1% hemp biodiesel, 1% to school drug education.First $40M to Public School Capital Construction Assistance Fund; remainder to General Fund[viii]Dedicated marijuana fund run by State Liquor Control Board. $125K to Healthy Use Survey; $50K to social and health reports; $5K to UW for web-based marijuana education; $1.5M to State Liquor Control Board; remainder: 15% to drug treatment; 10% for drug education; 1% to state university research; 50% to Washington Health Plan; 5% to community health care; 0.3% to building bridges program; remainder to General Fund.

 

 


[i] This table has been updated to better explain the Colorado excise tax (hat tip: Steve Fox of Amendment 64 Campaign).

[ii] OCTA only specifies that commercial cultivation and sales must be licensed by OCC and that personal cultivation and sales need not be licensed. Presumably, you could grow a football field of plants and possess a large Hefty Bag full of pot under OCTA, so long as you sold none of it.

[iii] All hemp production still remains illegal under federal law without a DEA permit.

[iv] I-502 producers and processors may not have a direct or indirect financial interest in retailers.

[v] Colorado’s TABOR requires any tax increase to go before a vote of the people. 15% is merely the maximum authorized wholesale excise tax that the legislature may enact.

[vi] Washington’s medical marijuana law has no registry cards and only an affirmative defense to prosecution. Thus, medical marijuana patients can now be arrested by police, and then they have to provide an affirmative defense to the judge. Under I-502, these patients would now be protected from arrest for 1 ounce of cannabis, 16 ounces of medibles, or 72 ounces of tinctures.

[vii] Updated to clear up confusion that a ballot initiative was the only process by which a locality could ban marijuana business. It is not; localities may ban through their regular local governmental procedures.

[viii] Added — I missed this portion in first reading Colorado’s Amendment.

Article from National Cannabis Coalition and republished with special permission

About Russ Belville

I am the executive director of 420RADIO.org and host / producer of The Russ Belville Show - The Independent Voice of the Marijuana Nation at http://radicalruss.com - live from Portland, Oregon. I was the winner of The Search for the Next Great Progressive Talk Radio Star and a former host on XM Satellite Radio and Portland's AM 620 KPOJ. I was the Outreach Coordinator for the National Organization for the Reform of Marijuana Laws from 2008-2012, which included lecturing all across America on marijuana legalization, writing political analysis for HIGH TIMES Magazine, and producing over 1,000 hours of video content for The NORML Network.
  • mr Cody

    I’m curious assuming one of these are passed and the federal government doesn’t interfere will workplaces still test and fire users of cannabis?

    • http://radicalruss.com/ RadicalRuss

      Yes, but it will be more politically difficult to support that policy.

      • Jay Jefferson

        Do companies fire employees for being drunk on the job even though alcohol is legal?

  • JohnnyBloomington

    Employers make their own policies.

  • eating_sunshine

    I fully expect to see a full court, reefer madness, press between now and elections. (Full court press is a basketball term, but I ment it as a double entendre.)

  • Skeptic

    Thanks Russ. There’s a lot of misinformation and fearmongering flying around here in Washington surrounding I-502. It’s nice to see the facts laid out. Hopefully all three of these bills will pass!

    • Greenlv

      Nonsense. There is clear information and substantiated Fear as 502 is a Police State Law written by insurance companies, Cops and Sell-out paid mouths-pieces ‘radical’ russ. NO Home growing? And you call it ‘Legalization’? Insane DUI laws? No protection for 18-21? State stores with a limit of an ounce? 502 is Bad Law and Will Not Pass.

      • brewer

        502 was not written by cops and Insurance companies. Sure Its not the best, I don’t agree with no home growing, but WE have to start somewhere. Just like booze, You still can’t make it without federal approval. DUI limit is something that has to be worked out. I have not been paid off by anyone. I am not a medical MMJ person either. If you are a MMJ person I can see why you dont like it. Sorry but it shouldnt stop the rest of us from enjoying gods gift. Who knows how long I will be on this earth. I want to enjoy it now. Please be reasonable and lets work together to get this done and change FED. law. Peace.
        They are driving me to drinking.

        • Mimi

          There is a HUGE difference between the recreational smoker and the patient. I-502 WAS written by people working for cops and insurance companies, by people who have political motivations and care naught for any of us peons.

          One only has to look at early questions and answers to NAW to find the truth: I-502 is based on falsehoods and manipulations of scientific research in order to take advantage of the unfounded fears and hysteria of the general public.

          It counts on the fact that most Washingtonians are ignorant and will believe what they read in the media. Instead of using real facts and information to educate, NAW uses fear and lies to attempt more controls.

          Think about it. NAW insists cannabis arrests will decrease with this measure, but how many cannabis arrests in this state are for under an ounce? Now add to that the increase in DUI’s from cannabis, unwarranted and unfounded, and add that back into the arrest numbers.

          Ultimately the arrest numbers will increase with I-502′s passage. Anyone who tries to convince you that cities and counties will not take advantage of this excess and easy revenue is out of their mind.

          Now factor in the enormous costs of social programs from all those cannabis patients who are no longer legally allowed to drive, who suddenly need public transportation. Well over 50,000 people will suddenly inundate not only the public transportation system, but the social services system, completely overwhelming the already overburdened system well past the point of breaking.

          And what is the plan for all those folks who will no longer be legally allowed to drive (even though most are actually not anywhere close to impaired)? There is NONE. Nothing. Nada. Zip. Zilch.

          Why? Because those folks who wrote I-502 don’t appear to give a damn about people. I-502 is about money and power and don’t be so foolish as to believe anything else!

          • Skeptic

            Marijuana patients are not allowed to drive “under the influence” right now. I refer you to RCW 46.61.502. Section 2 is particularly instructive: “(2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section.”
            If someone is pulled over for DUI in Washington right now and tests positive for even latent THC, they are prosecuted whether it’s for over 5ng or not. I-502 actually makes a distinction between latent THC and active THC, a huge step forward. The science shows that even heavy users are unlikely to test positive for 5ng+ of THC unless they’ve just smoked it.
            No, I don’t want anyone behind the wheel of a car right after they’ve smoked a blunt and most people share this intuition, whether they say they are impaired or not. There are people who claim they can drive just fine with a .08 alcohol level, and they may even be right, but we don’t make exceptions for anyone regardless of their medical status or tolerance level. It’s the same with prescription drugs. I maintain that your concerns are unfounded and hysterical and your energy would be much better spent trying to get I-502 passed.

  • SteveSarich

    The Washington law, fortunately, will not pass. The DUID provision was a poison pill that the was defeated three times by the Colorado legislature, and never even got a vote when it was proposed here in Washington.

    I’m sorry Russ chose to back the Washington version. I know that was NORML’s position, but I’d be glad to hear that it wasn’t his position.

    Steve Sarich
    Spokesman
    NO ON I-502 Committee

    • brewer

      Steve,
      I personal think it will pass and I will work to see it passed. I am retired, a non MMJ person. I can see why MMJ people don’t like it, $$$$$ gone for them, and the DUI limit is untested. I won’t get into what else I don’t like about 502 but WE have to start some where. The time is now. Yes I agree, not perfect but I believe I or the others who get arrested, can not wait any longer. I have no ill feelings towards you or anyone against this, however I do see personal gains for some which I don’t agree with.
      Peace.
      John

      • SteveSarich

        If you truly believe that medical cannabis patients oppose this bill simply because they will somehow lose money if it passes….there’s just no point in discussing the issue with you. It’s clear that you are not a patient or you would never say anything that ridiculous.

        “We have to start somewhere”…..but not by enacting a law that sets up a state run cartel and uses the police to enforce it. To say that the law is not “perfect” is the greatest understatement I’ve ever heard. What the fuck do you mean that “the DUI limit is untested”? The testing goes back nearly 30 years and it all says the same thing….YOU CAN’T DETERMINE INTOXICATION BY MEASURING BLOOD CONCENTRATION LEVELS WITH ANY DRUG BESIDES ALCOHOL! Read a fucking book! Don’t try to stick us with a damn law that is worse than what we have now simply because you’re too stupid, or too lazy, to read any of the scientific data that’s been accumulated over the last 30 years.

        Sorry John, we patients aren’t going do jail for DUI’s that we don’t deserve just because that’s YOUR idea of “starting somewhere”. You don’t “legalize” cannabis by adding MORE criminal penalties to those we already have. I-502 does not remove one single criminal statute on the possession, growing, use or sale of marijuana in the state law….NOT ONE JOHN! IT’S A SCAM JOHN!

        If you want to legalize cannabis…..all you need to do is have the state legislature remove all mention of the word marijuana from RCW 69.50, the state controlled substance law. They have the legal power to do that. THAT will legalize it and there is nothing the Feds can do to stop the state from doing that. How about that as a “starting place”, John? How about removing the laws that make marijuana illegal in this state, John? I-502 doesn’t do that John. This bill is NOT LEGALIZATION! And I do have “ill feelings” towards people who mischaracterize this law as “legalization” and think that somehow, in some vague unexplainable way, that this is a step forward.

        • PurpleDiamond

          I totally agree with you Steve! There is one point I would like to make. The State has NO business running dispensaries!!!! All the little people like us who have fought for the RE-legalization DESERVE to be the ones making the money from it’s sale!! I have 3 friends here in Las Vegas who have lost everything INCLUDING their wives & children because their homes were raided !! AND they were legal patients who are REQUIRED by our constitution to grow their own & this government take over is bullshit!!! Where in that law does it restore all the people who the cops have ruined back to whole? I don’t see them taking the marijuana convictions off the books & giving people their homes & jobs back! So why not let the patients make the money? The state will still be able to tax it!

          • Johnny oneye

            tax it like tabacco,900 % increase in the last 10 yrs. ,in 1year cannabis will be affordable by , no one!
            sorry to hear about your friends , cali is going through this now

        • eating_sunshine

          Weed is totally illegal for people without a medical recommendation in Wa. After 502 passes it will be a lot more legal for us.
          Am I typing slowly enough for you to comprehend this?

          • SteveSarich

            You don’t need to type slowly, you simply need to READ the damn law. It does not remove one single criminal penalty from the state law….NOT ONE! Try reading BEFORE you type.

          • Skeptic

            That is a lie. In the section of the law following the penalties for manufacture, delivery, and possession (RCW 69.50.401), I-502 adds the line: “The production, manufacture, processing, packaging, deliver, distribution, sale, or possession of marijuana in compliance with the terms set forth in section 15, 16, or 17 of this act shall not constitute a violation of this section, this chapter, or any other provision of state law” (p. 27).
            Now who doesn’t know how to read a law?

          • IslandBound

            I notice you did not recite sections 15,16 or 17 or even elude to what they are.
            Hmmmm,

          • Skeptic

            I think you mean “allude”. So you’re implying that I’m up to something sinister because I didn’t recite entire sections of the bill? If you’ll notice, I was responding to one particular lie. I am evading (or attempting to “elude”) nothing. Section 15, 16, and 17 contain the regulations on possession, sale, manufacture, etc. It allows for the possession of up to an ounce of usable bud, sixteen ounces of solid food, and 72 ounces in liquid form. Is there something else here you want me to mention or address? I’m happy to continue to spell the legislation out to you but you sould really just read it for yourself and stop believing the lies being spread by others. I’m ready to discuss any section of this legislation. I will not have it said or even implied that I am shying away from anything.

          • washintonpatient

            hey-FUCK YOU-AM I TYPING BIG ENOUGH FOR YOU TO READ THIS?

        • Johnny oneye

          TRUE PROP 19 in Ca. was the same more criminal penalty with more idiotic restrictions

        • IslandBound

          Steve I agree with you about I-502. It is a scam run by the liquor industry, but I am sorry Steve. Parents do not want their children to have unfettered access to marijuana. Without the protections provided by the Cannabis Child Protection Act I-514 parents are not going to allow marijuana to be legal for adults.

          • Skeptic

            Scam run by the liquor industry!? Wow. You will say anything to defeat this bill won’t you. Do I really need to point out that there is no evidence for that whatsoever?

          • jamesnshoreline

            The no on I-502 trolls are loud online! However, I’m voting yes on I-502 and the only people the “NO” crowd is convincing happens to be them selves!

  • Greenlv

    It’s the DUI provision that is just out of line. Even Normal who supported it admits it is “unscientific and arbitrary”. That is just Unacceptable, period. Washington State just got the State out of liquor sales this year, now they want the weed. 502 is Bad Law and Will Not Pass.

  • pkr8ch

    I’m really excited for these bills to pass. It so good to see that they included hemp in these bills. I think once hemp farming starts in these states Americans will finally realize the potential this plant has for many industries.

  • Church

    I thought the Washington bill allowed 400 sq. ft. of homegrown.

    • Greenlv

      you thought wrong, it should, it does not

    • IslandBound

      The Cannabis Child Protection Act does. It will hopefully be on the ballot in 2013. Russ fails to mention that under the NAW law in Washington it would still be a felony to share a joint or a bowl even with your spouse.
      Just say NAW to I-502

      • Skeptic

        Are you aware that that isn’t legal right now? And how many people have been arrested for sharing a joint or a bowl? Why would that change when I-502 passes? This is a diversionary tactic being used by the opposition to distract from the core issue and it completely misses the forest for the trees.
        And no. The fatuously titled “Cannabis Child Protection Act” will never make the ballot because the organization running it doesn’t know how to read bills, write bills, or run a campaign.

  • http://www.facebook.com/dnestler1 David Nestler

    What about rest of the U S A.

  • Silverado

    No personal growing in Washington state??? I’m telling you right now that the genie’s out of the bottle already as for pot growing in Washington state. And there’s no way that will ever be….implemented because they can’t do anything about it now. I’ll give up growing about the same time I give up my drivers license or my guns. They’d LOVE for everyone to just roll over on this I guess and give up growing?? NEVER!! Anyway, there ain’t no way that’s happening except in the imaginary world of the state govt in Olympia. Good luck with that!! God dammit….that upsets me so much I’m going outside and play with my plants.

    • http://disqus.com/notspicoli/ notSpicoli

      I-502 does not change the state’s medical cannabis law. If you are growing marijuana now legally under state law it would also be legal to do so under I-502. If you are growing marijuana illegally now, you would still be growing illegally under I-502. Again, if you are a medical cannabis user with a recommendation, you can still grow your own, as now, under I-502.

    • http://Overgrow.ning.com/ ElectroPig Von F

      They’re trying to eliminate ALL personal growing in Canada as we speak.

      We had the first NATIONAL medicinal cannabis program on the planet, and our latest elected criminal is trying to create a monopoly and take between $1,500.00 and $3,500.00 EVERY MONTH from anyone who simply wants or needs cannabis to survive.

      Makes sense, huh? People who are least able to pay thousands of dollars a month to a private corporation under government monopoly rules simply get to suffer and die! Boy, isn’t it nice to know that if that happens in Canada, it will immediately be ported into “americanalegalese” and brought south?

      FOUR WORDS tell you all you need to know about cannabis prohibition statutes, and why they need to be repealed once and for all:

  • PurpleDiamond

    @ Johnny oneye there is no reason to tax it 900%, it is NOT harmful to people like cigarettes. If you think it is I highly recommend you google “Rick Simpson oil” & “juicing raw marijuana” also look into the CBD’s & canabonoids. Smoking it helps with pain & stomach problems, but it also has so many other helpful parts to it. Look up “united sates marijuana patent” & see what you find there. I think you will be surprised.

    • Johnny oneye

      yes, i was being sarcastic , when they tax something they tax it to death.

  • http://powerandcontrol.blogspot.com/ M. Simon

    The only measure that is sure to pass is Colorado currently with 61% support according to right wing poller Rasmussen. Typically support falls by 5% to 9% by election day.

  • washingtonpatient

    If they pass this in Wa. and let the liquor control board take over- I will be moving to Oregon. Those people are NOT QUALIFIED -they have no business sticking their greedy noses into this. Looking at the 3 states-I believe Oregon actually GOT IT RIGHT! Good job!

  • http://www.facebook.com/ninjasmoker Jay Smoker

    So here’s my two cents on I-502, for what it’s worth:

    1. I’m not a Washington resident, so solely looking at this as a marijuana advocate, I’d really like at least one of these initiatives to pass and put some pressure on the federal government.

    2. As someone who has been arrested and jailed for marijuana possession, I’m for anything that will keep one less person from going through the BS I had to deal with.

    3. I haven’t been below the proposed legal limit in years, and I drive a lot, without any issues. Since I travel to Washington fairly often, this truly has me concerned. If I lived in Washington, and was a medical marijuana patient, I would have a hard time voting for a law that could unfairly exposed me to a DUI charge. I still don’t understand why we need test for nano gram levels anyway. Couldn’t the police just do their job and determine this via a field sobriety test on the scene? I wish this DUI provision wasn’t included. This law could have passed without it, IMHO. We are asking Washington residents to bite the bullet for the good of the “movement.”

    4. It would be hard for me to vote “no” on any initiative that’s goal is to legalize
    marijuana, just on principle.

    But all that being said, my opinion means nothing, I don’t live in Washington and will not be voting obviously.

    Here at The Weed Blog, we will not be officially picking a side. We will however, be doing our best to layout the facts the best we can, and present both sides of the issue. We will be posting guest pieces from both sides, and let the debate flow.

    So in the coming months, there will be a ton of opportunities to debate this, hopefully civilly lol. There are a lot of good, hard working people out their fighting for reform and lets all remember, Don’t hate… Debate!

    • http://Overgrow.ning.com/ ElectroPig Von F

      No debate neccessary if people stop playing “word games” that were never designed to be fixed, designed by people who couldn’t care less about ANY of us, and who honestly think that because they WORK FOR US, that WE ARE THEIR SLAVES to control.

      Screw all ths statutory idiocy…just get rid of it and move past this garbage once and for all.

      If 99% of people are NEVER going to read the bills they’ve already picked their sides and decided on, then the least they can do is to read THE ENTIRE SOLUTION to prohibition and make an informed decision for a change.

      1) DEschedule.
      2) Repeal.
      3) DONE!!!

      That’s it. Three whole words. No new taxes. No new agencies. No new government employees. No new “crimes on paper.” No new fines. No new fees. No new “licenses.” No new regulations. No new “random home spot checks.” No new rights reductions. No new version of “prohibition with a new name.”

      It’s just done. Finished. Over. Kaput. Gone. Ended. Terminated. No more. Devoid of existence. Shuffled into history. Never to return.

      But what do I know? I’m not the one with ten million dollar annual BULLSHIT BUDGET and a plan to derive a permanent income stream by lying to people like “some organizations” so enjoy doing…for 40 years now.

  • http://disqus.com/notspicoli/ notSpicoli

    It is truly amazing that there are 3 states that will actually be voting on legalization this November. Thanks for all the people in Washington who worked so hard, gave money, and are still working to put I-502 over the top. Where so many others have failed, New Approach Washington has been successful.

    Also, gotta thanks NORML, which stands with New Approach Washington in its fight to reform marijuana laws in our state. And not just NORML. The Drug Policy Alliance, Law Enforcement Against Prohibition, Students for Sensible Drug Policy, SAFER, Marijuana Policy Project, the ACLU; along with NORML’s chapters in Washington are all supporting Initiative 502, “to substantively reform cannabis laws and therein challenge the federal prohibition.”

    And then there are the opponents–the feds led by Gil K and the DOJ, the Washington state top cops, the Republican moralists, the drug prevention folks who promote DARE and similar programs, and the ineffectual minority of “reformers” who are de facto prohibitionists.

  • http://Overgrow.ning.com/ ElectroPig Von F

    I’ve got a far, far simpler solution to prohibition that not only does NOT require reading thousands of words per statutory document “given the force of law”, but is the only TRUE SOLUTION to all of the evils created by cannabis/hemp prohibition: ENDING IT!

    Here’s the ENTIRE PLAN, so make sure you’re prepared to read ALL OF IT!

    1) DEschedule.
    2) Repeal.
    3) DONE!!!

    Now, was that REALLY so hard to read all of those THREE WHOLE WORDS?

    Do you all REALLY prefer any of the hundreds of different versions of “prohibition rebranded so that it sounds a little bit nicer, but really makes things worse for everyone” instead of ENDING IT?

    Want more reasons to stop justifying prohibition? Here’s a few, in the form of the latest release of Granny’s List, brought to you by Overgrow The World!

    Granny’s List: https://www.facebook.com/download/473863285965904/Grannys%20List%20July%202012.pdf

    The Index: https://www.facebook.com/download/397245633663952/2012%20July%20Index.pdf

    Definitions: https://www.facebook.com/download/343978745688354/A%20few%20definitions%20.pdf