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Recreational marijuana passes in Oregon

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Recreational marijuana passes in Oregon: Oregon election results 2014

Noelle Crombie | ncrombie@oregonian.com By Noelle Crombie | ncrombie@oregonian.com

on November 04, 2014 at 9:34 PM, updated November 05, 2014 at 6:12 AM

Oregon voters said yes to marijuana Tuesday, making the state the third to allow the possession and sale of cannabis for recreational rather than strictly medical use.

The crowd at the Southeast Portland club Holocene, where Yes on 91 held its victory party, erupted into rowdy cheers upon learning Measure 91 had passed. Someone in the audience yelled "Legal cannabis, baby," as longtime legalization advocate Anthony Johnson took the stage. He called the vote "decades in the making."

"We have ended a painful, discriminatory, harmful policy that has terrible consequences for our state," Johnson said. "We replaced it with a policy that is smarter, more humane. ... It's a policy whose time has come."

The closely watched vote on Measure 91 represents a major victory for state and national marijuana legalization advocates. They viewed Oregon, already home to a robust medical marijuana program, as part of a key second wave of states to legalize cannabis for recreational use. Video: Crowd reacts to legal marijuana in Oregon Measure 91, which legalizes recreational marijuana use in Oregon, passed in the Nov. 4, 2014 election.

Oregon joins Washington state and Colorado, the first states to legalize pot for recreational use in 2012. Earlier in the night, Washington, D.C., voters approved a measure allowing residents to possess and grow -- but not sell -- marijuana. Alaska voters were also considering legalization Tuesday.

Oregon's Measure 91 took elements from both the Washington and Colorado laws and was primarily financed by out-of-state donors and groups seeking national reform of drug laws. The Yes on 91 campaign collected about $4 million, compared to less than $200,000 raised by the No on 91 effort.

Clatsop County District Attorney Josh Marquis, who opposed marijuana legalization, called the race a "David vs. Goliath." He said Oregonians aren't likely to see much of a difference when it comes to law enforcement, which already views marijuana as a low priority.

"Marijuana was very low on the priority list in Oregon," he said. "And now it will essentially be totally crossed off."

The measure, which will not take effect until July 1, 2015, allows adults 21 and older to possess 1 ounce in public and up to 8 ounces at home, as well as a variety of other marijuana-infused products.

The Oregon Liquor Control Commission will get the job of regulating marijuana production and sales. Tax revenue generated by marijuana will go to public schools; mental health and addiction services; law enforcement; and the Oregon Health Authority. Using marijuana in public or while driving will be prohibited. Current medical marijuana laws won't change.

Oregon voters rejected marijuana legalization two years ago, and sponsors of Measure 91 hoped this year's version would be seen as having more regulatory controls than what was on the ballot in 2012.

Unlike the 2012 marijuana initiative, which failed by six percentage points, Measure 91 had a large advertising budget that featured, among others, a retired judge, a retired deputy sheriff and a former top drug addictions official for the state. The campaign deliberately stayed away from any hints of the marijuana culture, even using colors in their signs that avoided any hint of green.

Opponents seized on the wide array of marijuana products -- ranging from pot-laced gummy bears to sugary sodas containing the drug – for sale in Colorado that they said were aimed at enticing youthful consumers.

The measure is "about creating a big marijuana industry," said Mandi Puckett, a drug education worker who headed the No on 91 campaign.

According to incomplete returns, Measure 91 benefited from overwhelming support in Multnomah County, home to about 20 percent of expected voters statewide.

Ethan Nadelmann, whose organization Drug Policy Alliance was a major funder of the Oregon measure, called the win "fantastic news," particularly since it came during a year when a presidential election wasn't on the ballot.

Conventional wisdom suggested waiting until 2016, but Nadelmann's group pushed ahead this year despite concerns about low voter turnout.

"It's just a fantastic victory, all the more so because it's in a non-presidential election year," Nadelmann said. "I think it bodes very well for 2016 and the years beyond."

Kevin Sabet, a high-profile opponent of marijuana legalization who traveled to Oregon twice this year with an anti-pot message, said the Measure 91 results mean cannabis opponents need to get even more serious in 2016.

"We are going to redouble our efforts," he said. "We can now get very serious with potential donors and supporters about how important 2016 is."

He said opponents will continue to press their case as Oregon drafts rules for the recreational pot industry.

"Even in Oregon the conversation is not over," he said. "We are going to make sure we are watching the marijuana industry and make sure they don't get everything they want. This conversation about marijuana is just beginning. It's certainly not ending."

-- Noelle Crombie and Jeff Mapes

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Marijuana legalization Q&A: What's next for Oregon?

Noelle Crombie | ncrombie@oregonian.com By Noelle Crombie | ncrombie@oregonian.com

on November 05, 2014 at 6:30 AM, updated November 05, 2014 at 7:25 AM

Oregon voters on Tuesday overwhelmingly approved a measure to legalize recreational marijuana. Here's a Q&A on what happens next.

Q: Oregon legalized marijuana Tuesday. Does that mean the marijuana stashed in a drawer in my house is now legal to possess?

A: No. The legal protections for recreational marijuana possession do not take effect until July 1, 2015. Until then, possession of 1 to 4 ounces is considered a misdemeanor and possessing more is a felony. Possession of less than an ounce remains a non-criminal violation through July 1.

Q: OK, so what happens on July 1, 2015?

A: People 21 and older will be allowed to possess up to 1 ounce of marijuana in a public place and up to 8 ounces in their home. The law also allows up to four marijuana plants per household.

Q: I’ve got a few marijuana plants for my own use. I’m not in the medical marijuana program. Are my plants legal now?

A: Not yet. Households will be allowed to have up to four plants, but that provision does not go into effect until July 1. A household, by the way, includes an apartment unit, a house or mobile home.

Q: Where can I buy marijuana?

A: Unless you’re an Oregon medical marijuana patient, there’s no way to legally obtain marijuana before July 1, 2015. The new law gives the Oregon Liquor Control Commission until Jan. 1, 2016 to draft rules and implement regulations for production, processing and selling marijuana. The measure says the state must begin receiving licensing applications by Jan. 4, 2016. The first batch of licenses should be issued during the first half of 2016.

2014 Midterms: Jeff Mapes and Noelle Crombie analyze Measure 91’s win The Oregonian's Jeff Mapes and Noelle Crombie analyze what the passage of Measure 91 means for the future of marijuana in Oregon.

Q: So how can I legally obtain marijuana?

A: For now, you can’t. But starting July 1, 2015, you’ll be able to grow your own or get it from someone who’s growing it. The law says anyone 21 or older can give away an ounce to someone else who’s 21 and older.

Q: Where can I buy marijuana plants?

A: For now, only medical marijuana patients in Oregon can legally buy clones, which are young cannabis plants. Once the state’s retail industry is up and running in the first half of 2016, anyone 21 and older will be able to go into stores that stock clones and buy one.

Q: After July 1, how much marijuana can I have?

A: Quite a bit. In addition to growing four plants and possessing up to 8 ounces at home or 1 ounce away from home, anyone 21 and older can possess up to 1 pound of solid edibles, or about 10 chocolate bars; 72 ounces of marijuana-infused liquid, or a six-pack of 12-ounce sodas; and 1 ounce of marijuana extract.

Q: I thought marijuana came in dried flowers. What are marijuana liquids and concentrates?

A: Marijuana comes in many forms, from sodas and pizzas to tinctures and lotions. Liquids include sodas and other beverages infused with marijuana. Extracts are a concentrated form of marijuana, such as butane hash oil. Extracts or concentrates are often consumed in vaporizer pens.

Q: How much is an ounce of marijuana?

A: Depends on whom you ask, but the most common answer is about 28 joints. One ounce would also yield 57 modest half-gram joints.

Q: After July 1, where can I legally consume marijuana?

A: Your home, your friend’s house or another private place.

Q: Can I light up a joint at a park?

A: No. You are not legally allowed to smoke in a public place now or after July 1. The law prohibits consumption in public places, which under state law includes hallways and lobbies of apartment buildings and hotels, on the street, in schools, amusement parks and public parks.

Q: How about TriMet? Can I get stoned on the bus?

A: Not legally. Public transportation is considered a public place.

Q: What about on my front porch?

A: Whether your front porch would be considered a public place may depend on the type of porch of you have and the particular circumstances. The drafters of Measure 91 copied the definition of “public place” from another statute, and there are various cases that interpret whether a particular front porch constitutes a public place. To be safe, you’re probably better off consuming marijuana on your back porch.

Q: What about work? Can I show up at my job stoned?

A: Measure 91 does not change Oregon employment law. Employers may mandate drug testing and require employees to follow drug-free workplace policies.

Q: Can I walk into the medical marijuana dispensary down the street to buy marijuana?

A: No. Measure 91 does not affect Oregon’s medical marijuana laws. Only cardholders in the medical marijuana program may buy marijuana from a state licensed dispensary.

Q: Recreational marijuana shops are open in Washington. Does that mean I can buy marijuana in Vancouver and drive back home to Portland?

A: No. Under federal law, you are not legally allowed to transport marijuana across state lines. If you buy marijuana in Washington, you are supposed to consume it there.

Q: If I’ve got four recreational marijuana plants at home, will the government be able to inspect my grow?

A: No. Home growers are exempt from regulation and taxation.

Q: Will the government keep a list of people who grow their own marijuana?

A: No. Unlike the Oregon medical marijuana program, which maintains a registry of cardholders, there is no registration process for recreational consumers or home growers.

Q: My friends are visiting from out of state. Can they legally possess marijuana while they’re in Oregon?

A: Yes. The law applies to anyone 21 and older.

Q: Can I ship it out of state?

A: No. Mailing or shipping pot out of state is off-limits for everyone, including medical marijuana patients. It violates both state and federal law.

-- Noelle Crombie