The Oregon Medical Marijuana Act, a law in the

U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sover ...

Oregon Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...

, was established by Oregon Ballot Measure 67 in 1998, passing with 54.6% support. It modified

state law State law refers to the law of a federated state, as distinguished from the law of the federation of which it is a part. It is used when the constituent components of a federation are themselves called states. Federations made up of provinces, cant ...

to allow the cultivation,

possession Possession may refer to: Law * Dependent territory, an area of land over which another country exercises sovereignty, but which does not have the full right of participation in that country's governance * Drug possession, a crime * Ownership * ...

, and use of

marijuana Cannabis, also known as marijuana among other names, is a psychoactive drug from the cannabis plant. Native to Central or South Asia, the cannabis plant has been used as a drug for both recreational and entheogenic purposes and in various tra ...

by doctor recommendation for patients with certain medical conditions. The Act does not affect

federal Federal or foederal (archaic) may refer to: Politics General *Federal monarchy, a federation of monarchies *Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or ...

law, which still prohibits the cultivation and possession of marijuana. Measure 33 in 2004 sought to extend the law by mandating distribution centers, but was rejected by voters. Measure 74 in 2010 sought to provide access to medical cannabis for patients through licensed and regulated non-profit dispensaries, fund medical research, establish a program to assist low-income patients and help finance Oregon health programs.

History and specifics of the law

The Act made Oregon the second state in the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

, after

California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...

Proposition 215 Proposition 215, or the Compassionate Use Act of 1996, is a California law permitting the use of medical cannabis despite marijuana's lack of the normal Food and Drug Administration testing for safety and efficacy. It was enacted, on November 5 ...

in 1996, to remove criminal penalties for

medical marijuana Medical cannabis, or medical marijuana (MMJ), is cannabis and cannabinoids that are prescribed by physicians for their patients. The use of cannabis as medicine has not been rigorously tested due to production and governmental restrictions ...

. It established the first state registry for medical marijuana users. Since the U.S. federal government does not recognize medical marijuana, the Act affects only state law. In other words, U.S. federal penalties remain. The official ballot title given by the

Oregon Secretary of State The secretary of state of Oregon, an elected constitutional officer within the executive branch of government of the U.S. state of Oregon, is first in line of succession to the governor. The duties of the office are auditor of public accounts, ch ...

for the 1998 campaign was "Allows Medical Use of Marijuana Within Limits; Establishes Permit System". The measure removed state criminal penalties for patients with "debilitating medical conditions" whose doctor verifies the condition and that medical marijuana may help it. Some qualifying conditions include:

cachexia Cachexia () is a complex syndrome associated with an underlying illness, causing ongoing muscle loss that is not entirely reversed with nutritional supplementation. A range of diseases can cause cachexia, most commonly cancer, congestive heart f ...

cancer Cancer is a group of diseases involving abnormal cell growth with the potential to invade or spread to other parts of the body. These contrast with benign tumors, which do not spread. Possible signs and symptoms include a lump, abnormal b ...

chronic pain Chronic pain is classified as pain that lasts longer than three to six months. In medicine, the distinction between Acute (medicine), acute and Chronic condition, chronic pain is sometimes determined by the amount of time since onset. Two commonly ...

epilepsy Epilepsy is a group of non-communicable neurological disorders characterized by recurrent epileptic seizures. Epileptic seizures can vary from brief and nearly undetectable periods to long periods of vigorous shaking due to abnormal electrical ...

and other disorders characterized by

seizure An epileptic seizure, informally known as a seizure, is a period of symptoms due to abnormally excessive or synchronous neuronal activity in the brain. Outward effects vary from uncontrolled shaking movements involving much of the body with los ...

glaucoma Glaucoma is a group of eye diseases that result in damage to the optic nerve (or retina) and cause vision loss. The most common type is open-angle (wide angle, chronic simple) glaucoma, in which the drainage angle for fluid within the eye rem ...

HIV The human immunodeficiency viruses (HIV) are two species of ''Lentivirus'' (a subgroup of retrovirus) that infect humans. Over time, they cause acquired immunodeficiency syndrome (AIDS), a condition in which progressive failure of the immune ...

AIDS Human immunodeficiency virus infection and acquired immunodeficiency syndrome (HIV/AIDS) is a spectrum of conditions caused by infection with the human immunodeficiency virus (HIV), a retrovirus. Following initial infection an individual m ...

multiple sclerosis Multiple (cerebral) sclerosis (MS), also known as encephalomyelitis disseminata or disseminated sclerosis, is the most common demyelinating disease, in which the insulating covers of nerve cells in the brain and spinal cord are damaged. This d ...

and other disorders characterized by muscle

spasticity Spasticity () is a feature of altered skeletal muscle performance with a combination of paralysis, increased tendon reflex activity, and hypertonia. It is also colloquially referred to as an unusual "tightness", stiffness, or "pull" of muscles. ...

, and

nausea Nausea is a diffuse sensation of unease and discomfort, sometimes perceived as an urge to vomit. While not painful, it can be a debilitating symptom if prolonged and has been described as placing discomfort on the chest, abdomen, or back of the ...

. Patients obtain permits through the

Oregon Department of Human Services The Oregon Department of Human Services (ODHS) is the principal human services agency of the government of the U.S. state of Oregon. ODHS helps Oregonians achieve wellbeing and independence through opportunities that protect, empower, respect ch ...

and in 1998 could cultivate no more than seven marijuana plants, of which no more than three could be mature. They could possess no more than four ounces of usable marijuana (one on the person and one per mature plant). The Oregon Medical Marijuana Program administers the program within the

. As of April 1, 2009, there were 20,974 patients registered, with 10,626 caregivers holding cards for these patients. Data as of 2009-04-01.

Supporters and opponents

Groups supporting the ballot measure included Oregonians for Medical Rights and the

American Civil Liberties Union The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...

, who stated that medical marijuana was a way to manage pain of those who were suffering from medical conditions. The measure was opposed by various groups including the Christian Coalition, Oregonians Against Dangerous Drugs, and then–

Multnomah County Multnomah County is one of the 36 counties in the U.S. state of Oregon. As of the 2020 census, the county's population was 815,428. Multnomah County is part of the Portland–Vancouver– Hillsboro, OR–WA Metropolitan Statistical Area. Thou ...

Sheriff A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...

Dan Noelle, who claimed legalizing marijuana would be dangerous.

Attempts to change the law

Measure 33 was placed on the ballot by

initiative petition In political science, an initiative (also known as a popular initiative or citizens' initiative) is a means by which a petition signed by a certain number of registered voters can force a government to choose either to enact a law or hold a pu ...

in 2004. It would have expanded the law, allowing the creation of

nonprofit A nonprofit organization (NPO) or non-profit organisation, also known as a non-business entity, not-for-profit organization, or nonprofit institution, is a legal entity organized and operated for a collective, public or social benefit, in co ...

, state-licensed marijuana dispensaries which could sell marijuana to patients, and increasing the maximum amount of marijuana that patients could possess. The dispensaries would have been required to provide the drug to indigent patients for free. If, after six months of the measure's passage, a county lacked a dispensary, the county health division would have been granted a license to open a dispensary. The measure would also have increased to the amount of marijuana the patient may possess. Supporters of Measure 33 claimed that the prohibition on marijuana sales to patients hindered their ability to obtain the quantities they need for treatment. They viewed this measure as a responsible solution to that problem. Some opponents argued that the measure was a back door

legalization Legalization is the process of removing a legal prohibition against something which is currently not legal. Legalization is a process often applied to what are regarded, by those working towards legalization, as victimless crimes, of which one ...

attempt. Some also feared that this expansion would have attracted the ire of the federal government, who would have attempted to shut down the entire Oregon medical marijuana program. Voters rejected the measure, with 42.8% of votes in favor, 57.2% against. The 2005 Oregon Legislature passed Senate Bill 1085, which took effect on January 1, 2006. The bill raised the quantity of cannabis that authorized patients may possess from seven plants (with no more than three mature) and three ounces of cannabis to six mature cannabis plants, 18 immature seedlings, and 24 ounces of usable cannabis. The bill also changed the penalty for exceeding the amount allowed for state-qualified patients. The new guidelines no longer give patients the ability to argue an "affirmative defense" of

medical necessity Medical necessity is a legal doctrine in the United States related to activities that may be justified as reasonable, necessary, and/or appropriate based on evidence-based clinical standards of care. In contrast, unnecessary health care lacks such ...

at trial if they exceed the allowed number of plants. But patients who are within the limits retain the ability to raise an affirmative defense at trial even if they fail to register with the state. Donna Nelson introduced a bill in the 2007 legislative session that would have prohibited law enforcement officials from using medical marijuana.

Kevin Mannix Kevin Leese Mannix (born November 26, 1949) is an American politician, business attorney, and former chairman of the Republican Party in the U.S. state of Oregon. Mannix has served in both houses of the Oregon Legislative Assembly, as a Democra ...

, a former

state legislator A state legislature is a legislative branch or body of a political subdivision in a federal system. Two federations literally use the term "state legislature": * The legislative branches of each of the fifty state governments of the United Stat ...

and former candidate for

governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

, circulated an initiative petition that would have asked voters in the 2008 general election to scale back the law. Neither was successful. Medical cannabis reform activists file
Initiative 28
an initiative that would create a licensed and regulated medical marijuana supply system through non-profit dispensaries. The initiative was co-authored by John Sajo who helped draft the Oregon Medical Marijuana Act and Anthony Johnson who co-authored successful marijuana law refor
measures
while in law school at the University of Missouri-Columbia School of Law. Supporters argue that the measure is needed to ensure that patients have a supply of medical cannabis and that the imposed licensing fees will generate millions of dollars in revenue for the state. Fees collected from the dispensaries and their producers will be utilized to fund medical research, establish a program to assist-low income patients and help finance Oregon health programs, such as the

Oregon Health Plan The Oregon Health Plan is Oregon's state Medicaid program. It is overseen by the Oregon Health Authority. History The Oregon Health Plan was conceived and realized in 1993 by emergency room doctor (and subsequent Oregon governor) John Kitzhabe ...

. Th
Coalition for Patients Rights
first turned in over 61,000 signatures on January 11, 2010, to the Oregon Secretary of State and needed 82,769 valid signatures to qualify the measure for the November 2010 ballot. Members of the patients' rights coalition, includin
Oregon Green Free
Voter Power and Southern Oregon NORML eventually collected enough signatures to place the initiative on the ballot. On August 2, 2010, the Oregon Secretary of State announced that the non-profit dispensary proposal would be placed on the November ballot a
Voters' Pamphlet, Measure 74, page 59
Measure 74 has received great publicity across Oregon and earned th
endorsement of the Democratic Party of Oregon
providing medical cannabis more mainstream support than it ever achieved in Oregon
11 Oregon Voters' Pamphlet Arguments
were submitted in support of Measure 74. Arguments were submitted by former Portland Police Chief and Mayor, Tom Potter; retired Oregon Supreme Court Justice Betty Roberts; former federal prosecutor Kristine Olson; as well as several doctors and nurses, including, Dr. Richard Bayer, Chief Petitioner of the Oregon Medical Marijuana Act.
Progressive Reform of Oregon (Pro-Oregon)
a new 501 (c)(4) federal non-profi
released the first commercial
urging voters to support Measure 74. Pro-Oregon is dedicated to ending the War on Cannabis and implementing policies that promote freedom and equality under the law.

References

External links

NORML's entry for Oregon

Oregon Secretary of State Measure 67 Guide

Oregon Voter's Pamphlet Volume 1 - State Measures, November 2, 2004
��includes ballot title, text of the measure, and arguments for and against {{Oregon legislation 1998 Oregon ballot measures 1998 referendums Cannabis law in Oregon Cannabis ballot measures in the United States 1998 cannabis law reform 1990s cannabis law reform in the United States

History and specifics of the law

Supporters and opponents

Attempts to change the law

See also

References

External links