Oregon Gov. Kate Brown signed a bill Monday that would enable adult residents of the state to legally purchase marijuana starting in October. The private use, possession, and cultivation of marijuana became legal this past July, but the state has not begun accepting applications for retail permits. In order to effectively limit the operational scope of illicit market actors before a regulated system is established, representatives from both parties agreed to allow customers to purchase marijuana, tax free, from medical marijuana facilities.
“The bill … passed with significant bipartisan support in both chambers after a great deal of work by an implementation working group,” said Brown’s spokeswoman Kristen Grainger.
The law is explicitly temporary and will only allow non-patients to purchase marijuana until December 31, 2016. Applications for retail dispensaries are likely to be accepted starting in January 2016. Oregonians can expect the first adult retail shops to open next autumn.
Earlier today, a bipartisan group of lawmakers introduced a bill in the Senate that would banks to do business with the marijuana industry in states where it is legal for medical purposes or adult use.
Introduced by the Senate delegations from Oregon and Colorado, two of the first states to legalize recreational marijuana, the bill would prohibit the federal government from penalizing banks that work with marijuana businesses.
Though four states and the District of Columbia have legalized marijuana, the drug is still illegal under federal law. That makes it difficult for businesses operating in those legalized states to access financial services through the banking industry. Instead, those companies have to run all-cash operations that the senators say invite crime.
The entire legal landscape that legal marijuana currently faces is “insane,” said GOP Sen. Cory Gardner of Colorado in an interview.
Last November, 56% of Oregon voters approved Measure 91 — choosing to regulate marijuana like alcohol and allowing adults to use, possess, and cultivate it. Today, legal protections for adult possession, use, and cultivation official take effect!
As of 12:01 a.m., individuals 21 or older may possess up to eight ounces of marijuana and grow up to four plants in their household. Adults may also gift up to an ounce of marijuana to other adults. The state is setting up regulations that will govern the production and sale of marijuana, so access is currently limited to home cultivation. However, the state is considering legislation that will allow medical dispensaries to sell limited quantities of marijuana to any adult 21 and older starting this October.
Measure 91 resembles ballot measures that have removed penalties for adults’ possession and use of marijuana in Colorado, Washington, Alaska, and Washington, D.C. Colorado and Washington have implemented effective public health and safety regulatory structures governing the production and sale of marijuana, and Alaska and Oregon are in the process of doing the same. In the meantime,ask your state representative and senator to support legislationthat will more quickly take the marijuana market from criminal actors.
None of this would be possible without the good and hard work of the New Approach Oregon campaign, their volunteers, and, of course, the voters of Oregon. For more information about Measure 91, please see our summary.
Representatives Tom McClintock (R-CA) and Jared Polis (D-CO) are introducing an amendment to a Department of Justice spending bill intended to prevent the federal government from enforcing federal marijuana laws against individuals and companies who are operating in compliance with the state laws regulating marijuana.
This amendment will not only protect critically ill medical marijuana patients from federal prosecution but, unlike previous versions, will also apply to adult use of marijuana in states where it is legal, like Colorado, Washington, Alaska, and Oregon.
The survey found Americans split on the question of full legalization, with 50 percent supporting versus 47 percent opposed. However, the poll did find that six in ten respondents said that states, not the federal government, should decide whether to make marijuana legal. Moreover, 67 percent of Americans said Congress should go further and specifically carve out an exemption to federal marijuana laws for states that legalize, so long as they have a strong regulatory system in place.
How this would work for marijuana is detailed in an exhaustive forthcoming study in the UCLA Law Review. In short, Congress could allow states to opt out of the Controlled Substances Act provisions relating to marijuana, provided they comply with regulatory guidelines issued by the Department of Justice.
This is already the de-facto federal policy toward Colorado, Washington, Alaska, and Oregon, although it cannot become a formal policy without an act of Congress. Third Way heartily endorses this approach, as it represents a “third way” between the current policy of outright prohibition, and the full legalization route favored by marijuana reform activists.
It is time for Congress to get out of the way and let states determine what marijuana policies work best for them.
Supporters of the measure to make marijuana legal in Nevada turned in 138,453 valid signatures, according to the Secretary of State Ross Miller’s (D) office, far above the approximately 100,000 valid signatures necessary to qualify an initiative.
The state legislature has 40 days to act on the measure. If lawmakers pass it and the governor signs it, the measure becomes law. If the legislature does nothing or the governor does not sign the measure, the initiatives will go on the ballot for voters to decide in 2016.
Furthermore, if lawmakers amend the measure, both the original version and the amended version would go on the ballot. If the initiative passes with more than 50 percent of the vote, the one with the larger number of “yes” votes become law.
Last week, a bipartisan bill that would allow doctors with the Department of Veterans Affairs to recommend medical marijuana for certain patients was introduced in Congress.
Under current policy, doctors and other specialists working with the VA are prohibited from recommending medical marijuana to any patient, despite growing evidence that it is useful in treating pain, traumatic brain injuries, and post-traumatic stress, even if a patient lives in one of the 23 states, Guam, or the District of Columbia where medical marijuana is legal.
Michael Krawitz, executive director of Veterans For Medical Cannabis Access, said they “are very proud to stand by Congressman Blumenauer and support the Veterans Equal Access Act.”
“The Veterans Health Administration has made it very clear that, as federal employees, they lack the free speech necessary to write the recommendations for Veterans to comply with state programs,” said Krawitz. “This legislation is needed to correct that legal situation and repair this VA doctor patient relationship.”
The status quo has numerous harmful effects, said Blumenauer. “It forces veterans into the black market to self-medicate,” he said. “It prevents doctors from giving their best and honest advice and recommendations. And it pushes both doctors and their patients toward drugs that are potentially more harmful and more addictive. It’s insane, and it has to stop.”
According to the executive director of the United Nations Office of Drugs and Crime, Yury Fedotov:
“I don’t see how (the new laws) can be compatible with existing convention.”
Apparently, he has a point; by allowing legal marijuana sales within its borders, the U.S. is technically in violation of the 1961 Single Convention on Narcotic Drugs. The major UN convention, which was signed by the U.S., prohibits countries from creating regulated markets for the cultivation, sale, purchase, distribution, and possession of marijuana.
Historically, the U.S. has pressured other countries in the convention to adopt measures that enforced American-style prohibition, which has led some to criticize the federal government for being hypocritical by allowing implementation of state marijuana regulations to proceed.
According to Mason Tvert, spokesman for the Marijuana Policy Project:
“The United States has largely dictated international drug laws for decades, and now that it’s becoming clear that Americans will no longer stand with these failed drug policies, we see other countries moving ahead as well.”
“Fedotov’s statements may make it awkward for the federal government, but they won’t stop the momentum toward ending marijuana prohibition.”
With the implementation of this new policy, citizens who are stopped by the police with small amounts of marijuana will receive civil summonses, similar to parking tickets, instead of permanent arrest records that limit opportunities later in life.
“Now there will be fewer unnecessary, low-level marijuana arrests,” said Mayor Bill de Blasio, who ran on a campaign last year emphasizing police reform. “That energy goes into fighting more serious crime.”
Bill Bratton, the NYPD Police Commissioner, said he hopes narcotics officers will start going after big transactions or more dangerous drugs – not small amounts of marijuana.
“I want those narcotics buy-and-busts focusing on significant sales of marijuana, or the emerging problem drug we’re having, heroin,” Bratton told reporters on Monday.
Marijuana policy reform advocates regard the new policy move as a good step in the right direction, though they believe much more needs to be done before New York City’s marijuana laws can be considered fair.
“These laws have been used as a means of targeting and harassing people of color,” said Rachelle Yeung, a legislative analyst at the Marijuana Policy Project.
Moreover, Yeung said that despite the reforms, New Yorkers who purchase marijuana still have to face the dangers associated with an illegal transaction, unlike in states where the substance is legal and regulated.
“In places like Washington state and Colorado, and soon in Oregon and Alaska, people are buying it [marijuana] from safe businesses,” Yeung stated. “But in New York City, people are still going to criminal markets where some people might have weapons or are trying to sell harder and more dangerous drugs. All over the United States, people are using marijuana. That is just a fact.”
According to a recent Gallup Poll, 51% of Americans favor making the use of marijuana legal — similar to the 50% who supported it in 2011 and 2012 — but down from 58% support last year.
The October 12-15 Gallup poll was conducted in the run-up to the midterm elections, in which various marijuana policy reform ballot measures were before voters in Alaska, Oregon, Washington D.C., and Florida, as well as in many cities in Maine, Michigan, New Mexico, and elsewhere.
Last year was the first time that Gallup found an overwhelming majority in favor of making marijuana legal, at a solid 58%. This year, however, support is shown to be at 51%, which is still a majority, though the percentage is closer to where it was in 2011 and 2012.
According to the communications director at the Marijuana Policy Project, Mason Tvert:
While most observers would agree there was solid majority support in 2013, many thought 58% was questionably high. Rarely, if ever, do you see public opinion on a controversial social issue jump as much as seven points in the course of one year. It will be interesting to see if the same opponents who declared such a large increase was impossible last year will have the same analysis of such a large decrease this year.
Things are moving in one direction when it comes to the tangible products of public opinion. I would take passage of laws in two states and our nation’s capital over some jumpy poll results any day. If Gallup finds 49% support in 2016 after five more states vote to end marijuana prohibition, I could live with that.
The bottom line is that public support for making the use of marijuana legal has clearly increased and continues to increase as more Americans recognize that it makes no sense to punish responsible adults for using a substance that is safer than alcohol. Four states, the nation’s capital, and two East Coast cities now legally allow the use of marijuana. It is clear that momentum is growing across the nation for marijuana policy reform.
The opinions expressed by our viewers and posters do not necessarily represent the opinions of the Marijuana Policy Project. These views are those of their individual authors alone. MPP does not condone or support the illegal use of marijuana. We do encourage open and frank discussion, but if a comment has been posted that is in some way significantly inappropriate, please email us at [email protected] to report it. Thank you, and we're looking forward to what you think!
"The amount of money and of legal energy being given to prosecute hundreds of thousands of Americans who are caught with a few ounces of marijuana in their jeans simply makes no sense - the kindest way to put it. A sterner way to put it is that it is an outrage, an imposition on basic civil liberties and on the reasonable expenditure of social energy."
"There is no logical basis for the prohibition of marijuana."
"The sole tangible way in which pot is a gateway to other illegal drugs is that it is illegal. The best way to end this easy path to worse narcotics is to legalize it and take it out of the hands of criminals and gangs."