Senate Bill 364 | At the request of: Senate Interim Committee on Judiciary; Chief, Regular Sponsors: (Presession Filed); -- Relating to the classification of marijuana offenses; Requires court to use current classification of marijuana offenses when determining if person is eligible for order setting aside conviction.

Summary: SENATE BILL 364 - Requires court to use current classification of marijuana offenses when determining if person is eligible for order setting aside conviction. Declares emergency, effective on passage. >> Learn more >>

You can read the full proposed measure here: >> Read text

Status: Current Location: Legislative Counsel - Enrollment

Senate BILL 364 - filed | 2015 Regular Session. Next: Date - TBA

See - https://olis.leg.state.or.us/liz/2015R1/Measures/Overview/SB0364 - for schedule. - You may also get hard copies if you are in Salem by going to the bill room downstairs in the Capitol.

History:

1-12 (S) | Introduction and first reading. Referred to President's desk.

1-20 (S) | Referred to Judiciary.

3-5 (S) | Public Hearing and Possible Work Session scheduled. > Read >> Details

3-6 (S) | Recommendation: Do pass with amendments. (Printed A-Eng.)

3-9 (S) | Second reading.

3-10 (S) | Third reading. Carried by Prozanski. Passed.Ayes, 26; nays, 3--Olsen, Thomsen, Whitsett; excused, 1--Beyer.

3-11 (H) | First reading. Referred to Speaker's desk.

3-17 (H) | Referred to Judiciary.

5-11 (H) Public Hearing and Work Session held. > Read >> Details

5-13 (H) Recommendation: Do pass.

5-14 (H) Second reading.

5-18 (H) Rules suspended. Carried over to May 19, 2015 Calendar.

5-19 (H) Rules suspended. Carried over to May 20, 2015 Calendar.

5-20 (H) Rules suspended. Carried over to May 21, 2015 Calendar.

5-21 (H) Rules suspended. Carried over to May 26, 2015 Calendar.

5-26 (H) Rules suspended. Carried over to May 27, 2015 Calendar.

5-27 (H) Rules suspended. Carried over to May 28, 2015 Calendar.

5-28 (H) Third reading. Carried by Lininger. Passed.Ayes, 52; Nays, 6--Barreto, Gilliam, Sprenger, Stark, Weidner, Whitsett; Excused, 1--Hayden; Excused for Business of the House, 1--Speaker Kotek.

See - olis.leg.state.or.us/liz/2015R1/Measures/Overview/SB0364 - for latest on status.  

Act Today! Senate Bill 364 will mean a positive change to the Marijuana Laws in Oregon. You want to be aware and affect this as necessary.

WHAT THE MEASURE DOES: Requires court to consider current classification of marijuana offense in order to determine whether a conviction is eligible to be set aside. Permits Class B felony possession offenses to be reduced to misdemeanors. Declares emergency, effective upon passage.

ISSUES DISCUSSED: The evolution of Senate Bill 40 from 2013 legislative session, Whether any stakeholders objected to bill, Who would be eligible for relief under bill.

EFFECT OF COMMITTEE AMENDMENT: Clarifies the underlying bill and directs the court to use the classification of marijuana offense as it would have been classified on July 1, 2013. Reinstates a previous provision of ORS 161.705 that permits Class B felony possession offenses to be reduced to misdemeanors.

BACKGROUND: In 2013, the Oregon Legislature passed Senate Bill 40, which reclassified marijuana offenses. Specifically, Senate Bill 40 lowered the classification of most marijuana offenses to either Class C or Class B felony offenses. The classification has implications for whether an offense can be set aside or “expunged.” Section 12 of Senate Bill 40 makes the reclassifications apply to conduct occurring on or after the effective date of the bill, which was July 1, 2013. In addition, the reclassification of marijuana offenses by Senate Bill 40 eliminated a provision under ORS 161.705 that permitted Class B felony possession offenses to be reduced to misdemeanors. Senate Bill 364A requires the court to consider these new classifications of marijuana offenses when considering an expungement, regardless of when the conduct occurred. This permits offenders who committed marijuana offenses prior to passage of SB 40 to use the new classifications in seeking an expungement. Senate Bill 364 A also reinstates the provision of ORS 161.705 that permits Class B felony possession offenses to be reduced to misdemeanors.

• Pros and cons ... TBA >> Learn more >>

See - https://olis.leg.state.or.us/liz/2015R1/Measures/Overview/SB0364 - for latest.  

TALKING POINTS:

Here is what I have thus far. It's currently crafted for dispensary owners to contact their reps, but could easily be edited for a much broader scope.

Senate Bill 364 - Allows cities to outright ban medical cannabis dispensaries and requires childproof packing. This bill was amended and passed unanimously by the State Senate to replace language authorizing bans to allow cities and counties to pass "reasonable regulations" around time, place and manner.

Talking points against the dispensary ban amendment to 364