kate brown oregon marijuana
Ending Marijuana Prohibition Medical Marijuana Policy

Oregon Governor Signs New Law To Implement Marijuana Legalization

kate brown oregon marijuana
(image via usatoday.com)

Today Governor Kate Brown signed H.B. 3400, an omnibus bill to implement Measure 91, the marijuana legalization initiative adopted by voters last November. The bill was approved by the Senate and the House of Representatives this week.

Measure 91 legalized possession, use, and cultivation of marijuana by adults 21 and older and regulated commercial production, manufacturing, and retail sales of marijuana.  Legalization for personal use took effect July 1, 2015. As of that date adults 21 and older can legally possess up to 8 ounces of marijuana at home and up to 1 ounce of marijuana outside the home. They may also grow up to four plants at home, as long as they are out of public view. The regulatory structure for commercial retail sales will not be up and running until next year.

In addition to addressing the implementation of Measure 91, H.B. 3400 contains broad sentencing reform provisions that extend well beyond the elimination of criminal penalties for simple possession of marijuana and cultivation of up to four plants. The new law reduces most marijuana felonies to misdemeanors or lesser felonies with significantly reduced sentences. These changes allow eligible persons with prior marijuana convictions to have their convictions set aside, sentences reduced, and records sealed.

“A felony drug conviction carries significant collateral consequences that can mean the loss of public assistance, educational opportunities, employment, and housing,” says Tamar Todd, Director of Marijuana Law and Policy at the Drug Policy Alliance. “With this new law, Oregon is not only taking a bold step forward to end the war on drugs, but is actively addressing and reversing the terrible consequences of that war.”

The reforms will apply to thousands of Oregonians who were previously convicted of marijuana-related felonies. There are approximately 78,319 marijuana convictions included in the Oregon Computerized Criminal History file that have the potential to become eligible for the set aside process. In 2012, more than 12,000 people were cited or arrested for the possession of marijuana. Statewide, black people are more than twice as likely to be arrested or cited for marijuana possession as white people, even though both groups use marijuana at similar rates.

The new law allows individuals to apply to have prior marijuana convictions set aside as if they were convicted under the law’s new sentencing structure. For example, if a person was previously convicted of possessing over 8 ounces of marijuana, formerly a Class C felony punishable with up to 5 years in prison and a $125,000 fine, the conviction would be eligible to be treated under the law’s new classification of unlawful marijuana possession: a Class A misdemeanor. A person with a Class A misdemeanor conviction is eligible to have his or her conviction cleared under Oregon statute 137.225.

For a chart showing the changes to marijuana penalties in Oregon, click on the link in the ‘source’ line below.

Source: Drug Policy Alliancemake a donation

  • Mike Johnson

    What are the inspection provisions for mmj in this law? How does it affect mmj in general?

    • Mi-Cree-Ni Quash-Mah

      the way I last read M91 the medical grower and patient is still intact under OMMP prior to M91… because it is suppose to be hands off OMMP…………..but the way it crosses over is now what comes under public view . if dispensaries are sell anything but recreational then the grower patient will where the focus will shift. as long as the dispensary stops calling their shit medical.
      there is a difference between medical and commercial…….only one source for organic lighting ……………and that’s outside

      now meaning today:folks can legal transfer as long as no cash or comp exchanges hand. which means all ommp growers will be third class citizens again because of the no drive no sale ……if this is what you have to do because no one will hire you and you cannot afford to buy your medicine you are now fucked royally and isolated almost as much as being in prison. oh and if they start making you pay tax on your over grow ………because they will want to protect their assets now in the dispensary.the family grower/patient, those of us with medical conditions that allow us to function enough to grow a garden…….will not benifit from the dispensary because the dispensary does not carry medicinal compounds no edibles no extracts they only carry commericially produced FLOWER BUDS……………
      how does that isolate the ommp: which is good but if recreational folks get to pay money to “WHO” producing dispensary BUD ONLY.
      Then why cant we as medicinal growers /patient experience the same asset as the state dispensary……..they still don’t get it or they need to steal our assets away from us. I SAY BOYCOTT THE DISPENSARY BE BLACK MARKET SMOKERS UNTIL THE STATE GIVE US THE SAME PRIVILEGE THEY ARE GIVING CORPORATE POT GROWERS>

  • Mi-Cree-Ni Quash-Mah

    so now the law will make money on the removale of the punishment they imposed during the drug war…..watch and see people with old pot conviction will have to pay a attorney to have the legal crap taken off their records…….a contuation and renewal of the war on drugs they get you going in and now they are gonna get you on the way out………..just make it legal and drop all the charges Kate your not helping anyone but yourself.