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Refracting Green

Policy and Practice from the Front Lines of Marijuana's Political Economy

Marijuana Legalization–Part 2, Minor Issues

December 9th, 2013

Referenced by section in the bill are in bold followed by my commentary:


Section 29:  Grounds for refusing to issue license…


(2Ba): that the applicant is in the habit of using alcoholic beverages, habit-forming drugs, marijuana, or controlled substances to excess.

This is completely indefensible under Oregon law and is simply bad public policy.  How would the OLCC  be able to track an individual’s use of any type of drug in excess?  Who gets to define what “in excess” means?  Will a self-admitted 5-cup-day-coffee drinker be denied a marijuana production/processing/retail license?  What about chain smokers (the cigarette variety)?  And here’s another beauty a few lines down:

(2Be and 2Bf):  has maintained an insanitary establishment and/or is not of good repute and moral character

Nowhere in the bill does it require that producers, processors, or retailers abide by state or county health codes, which calls into question the usefulness and/or applicability of 2Be. Again, 2Bf poses intractable issues as well:  what does this mean and how could it ever be legally enforceable?  This is a verbatim transcription of one of the worst sections of the failed 2012 voter initiative and it makes zero sense to include it.

Take a look at Section 29 2Bd:  doesn’t this cover everything that a licensing agency would need for legally defensible decisions?  I’m not an attorney, but it seems to cover the situation.

The same issues are present in Section 30 (grounds for cancellation or suspension of license) as well and should be removed.


Section 57:  Homemade marijuana extracts prohibited.

You can’t do this if you define marijuana as “all parts of the plant Cannabis family Moraceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin” (ORS 475.005).  ANYTHING made from marijuana is considered marijuana.  Plus, it just seems like bad form to allow individuals over the age of 21 to grow marijuana but not use it how they deem appropriate.


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