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Measure Details

Allows Personal Marijuana, Hemp Cultivation/Use Without License; Commission to Regulate Commercial Marijuana Cultivation/Sale

Oregon Ballot Measure - Measure 80

Election: Nov. 6, 2012 (General)
Outcome: Failed

Categories:
Health and Health Care
Social
Crime
Business and Consumers
Drugs
Agriculture and Food

Yes
810,538
(46.75%)

Argument For

No
923,071
(53.25%)

Argument Against

Summary

Currently Oregon law prohibits the cultivation, distribution and use of marijuana (cannabis), except as permitted pursuant to the Oregon Medical Marijuana Act. The passage of Ballot Measure 80 would replace and supersede all existing state and local laws relating to marijuana, except those that pertain to medical marijuana and driving under the influence of intoxicants.

The measure creates new criminal penalties for illegal sale of marijuana, removal of marijuana out of the state and unlawful distribution of marijuana to minors. It bans public consumption of marijuana, except where permitted by signs and where minors are excluded. Personal use of marijuana and cultivation of marijuana for personal use are authorized by the measure.

The measure distinguishes “hemp” from “marijuana” and prohibits regulation of hemp.

The measure creates the Oregon Cannabis Commission (Commission). The duties of the Commission include:

1. Licensing qualified marijuana growers;
2. Licensing qualified persons to process and package marijuana;
3. Licensing stores to sell marijuana to persons having a physician’s order stating that marijuana is an effective treatment for that person’s medical condition;
4. Purchasing marijuana from licensed growers for sale at state-licensed stores;
5. Selling processed marijuana at cost to state-licensed stores, pharmacies in Oregon and other states, and to Oregon medical research facilities;
6. Setting the retail price of marijuana sold for profit at state-licensed stores;
7. Collecting fees for licenses issued;
8. Setting standards for quality and potency of marijuana sold at state-licensed stores;
9. Establishing psychoactive concentrations of marijuana and hemp;
10. May limit the quantity of marijuana sold at state-licensed stores and may prohibit
the sale of marijuana to persons who violate the provision of the measure or who abuse marijuana; and
11. Promoting Oregon cannabis products in all legal national and international markets.

The measure sets qualifications for persons who purchase marijuana at state-licensed stores, and
for persons licensed to cultivate or process marijuana for purchase by these stores. Money from
licenses and the sale of marijuana at state-licensed stores shall be used to:

1. Reimburse the Commission for expenses;
2. Reimburse the Attorney General’s office for the costs of enforcing the criminal provisions created by the measure and defending the validity of the measure; and
3. Reimburse Commission-licensed retailers by paying them 15% of gross sales at Commission-licensed stores.

Money remaining from the sales of marijuana after reimbursements have been paid shall be distributed as follows:

1. 90% to the state general fund to finance state programs;
2. 7% to the Department of Human Resources to fund drug treatment programs;
3. 1% to create and fund a new state committee for the promotion of Oregon hemp fiber and associated industries;
4. 1% to create and fund a new state committee to develop and promote biodiesel fuel production from hemp seeds; and
5. 1% to state school districts to fund drug education programs.

Ballot Measure 80 would take effect on January 1, 2013.

Result of "Yes" vote: "Yes" vote allows commercial marijuana (cannabis) cultivation/sale to adults through state-licensed stores; allows unlicensed adult personal cultivation/use; prohibits restrictions on hemp (defined).

Result of "No" vote: "No" vote retains existing civil and criminal laws prohibiting cultivation, possession and delivery of marijuana; retains current statuses that permit regulated medical use of marijuana.

Measure Text

Allows personal marijuana, hemp cultivation/use without license; commission to regulate commercial marijuana cultivation/sale.

Result of "yes" vote: "Yes" vote allows commercial marijuana (cannabis) cultivation/sale to adults through state-licensed stores; allows unlicensed adult personal cultivation/use; prohibits restrictions on hemp (defined).

Result of "no" vote: "No" vote retains existing civil and criminal laws prohibiting cultivation, possession and delivery of marijuana; retains current statutes that permit regulated medical use of marijuana.

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