TALKING POINTS: tba

HB 3371 is a very good beginning for our purposes. While it is very thorough it is obviously crafted by foks without the real life experience that many of us have, regarding mj and I will be contacting the Revenue Committee with minor but important suggested changes. My critique is limited to the homegrowing aspects and basic definitions.

The drafters took the seemingly logical step of defining mj as ORS 475.005 does, essentially anything once connected to a marijuana plant. However, OMMA's experience has shown that this definition is faulty compared to reality because LE continually used ORS 475.005 to improperly charge lawful patients and growers with having excess mj by weighing everything. Hence we got the definition of "Usable Marijuana" added to OMMA which defines usable mj as the "dried leaves and flowers" of the mj plant. Better, but not as good as definng usable mj as only the "dried flowers" because there are many improper cases based on LE weighing the useless leaves found lying around as mj. I will make that suggestion to Rep. Barnhart.

Another needed modification is that the language does not allow for (as I read it) seedlings or starts which we found useful to add to OMMA because those were also being counted as plants and causing charges of excess plant numbers to be filed when numbers of actual plants were within the limits.

Also HB 3371 (as well as OMMA) would benefit Oregonians by declaring that a marijuana plant was to be considered as a plant (alive or dead) until that time the plant is processed into "usable marijuana). Current OMMA law is being interpreted in many places (Josephine county, for example) as allowing only living plants to be considered as plants and all else called "usable marijuana", again with the result being that improper charges were filed based on that skewed interpretation.

All for now.

Laird lairdfunk@apbb.net

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HB 3371 is the most serious bill to legalize marijuana ever introduced in the Oregon Legislature. It is an opportunity for us to rise up as a community and support what would be the best marijuana law on the planet. It would set up a regulated system to grow, process and sell marijuana to adults. Oregon would join Colorado and Washington in challenging federal prohibition. It would allow adults to grow their own marijuana and wouldn't change current laws prohibiting driving while impaired. Hopefully the bill will get a hearing soon and the process of debating each aspect of replacing prohibition with regulation will unfold. Hopefully the bill will be perfected and the Legislature will pass it. But if they don't, the chorus for legalization will have increased and we will have a better idea what initiatives to pursue. I suggest we all take this very seriously and do whatever we can to get this to pass.

John Sajo
Voter Power

John, is correct, this is a serious bill that gives the Oregon cannabis community an opportunity to pass a better law than what was recently passed in Washington and Colorado. Provides for a small home garden like Colorado, but with better limits. Establishes a regulated production and retail system like Washington but without taxation at every lever and without a per se DUII provision. Our state needs additional revenue and jobs very badly, giving this bill a chance to move either this session or as a referral to go before the voters in 2014. Because of the regulatory structure, the revenue generated and the jobs created, we have an opportunity to pull in support from outside of the traditional cannabis community (labor groups, folks concerned about education and substance abuse funding).

If the Oregon Legislature doesn't move forward with this bill, then we must be prepared to go directly to the people, but HB 3371 provides the legislature with an opportunity to lead on this important issue. Let's unite and help them do their job and craft a cannabis policy that is beneficial for all Oregonians. HB 3371, the legalization measure, has been scheduled for a hearing on April 2nd, but the hearing will likely only be to "gavel in" the bill and then immediately move the bill onto the Revenue Committee. This is good news for the potential of this bill moving forward. There isn't likely to be an actual public hearing on the 2nd. I will keep everyone informed and provide word if anything changes.

The complete background on the bill would be too lengthy to recount here, but the shorter version is that the bill was drafted with input from myself, Lee Berger, John Sajo, Madeline Martinez, Paul Stanford, Paul Loney and Geoff Sugerman, along with consultation with the ACLU of Oregon, the Drug Policy Alliance and outside legal assistance. I may even be forgetting a person or two, and I apologize if I have. Representative Barnhart, Chair of the House Committee on Revenue was hoping to introduce a bill this session that would legalize cannabis and raise revenue and the collective work of this group provided the bill that would accomplish Rep. Barnhart's goal.

Onward,

Anthony Johnson
Executive Director, American Victory Coalition
www.americanvictorycoalition.com
Executive Director, National Cannabis Coalition
www.nationalcannabiscoalition.com 503-752-3966 (cell)

One thing I note is that HB 3371 Section 48, removes marijuana from the controlled substances list. And Section 51 ends the prohibition on possessing stuff related to mj production, processing and use as "paraphernalia". We all can profit from this bill's passage. Let's start pushing now for its passage by contacting our legislators and urging their support. It is likely to go to the revenue committee and the members shoudl hear good things from us.

Laird

For links and help with contacting state reps and To check up on bills and such, visit our Legislative ToolShed for Tools, Tips, Tricks and More.

coverage at the WeedBlog:

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HB3371 > > measure as introduced. Provides for regulation of production, processing and sale of marijuana and marijuana-infused products.

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The bill doesn't set up a state monopoly, it just maintains that you must be licensed and regulated by the state. There is a separate fee to be a grower or retailer. There is a non-refundable $250 application fee and a $1,000 yearly licensing fee.

-- Anthony Johnson
Executive Director, American Victory Coalition
www.americanvictorycoalition.com
Executive Director, National Cannabis Coalition
www.nationalcannabiscoalition.com
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