Oregon Cannabis Tax Act

The Oregon Cannabis Tax Act (OCTA, Initiative-73, or the Oregon Marijuana Tolerance Initiative) is a proposed initiative for the November 2010 Oregon state general election that would permit personal marijuana and hemp cultivation or use without a license and create a commission to regulate the sale of commercial marijuana.^[1] The act would also set aside two percent of profits from cannabis sales to promote industrial hemp, biodiesel, fiber, protein and oil.^[2]

Status of initiative

OCTA organizers have stated a goal of collecting 125,000 signatures of registered Oregon state voters before submitting a request to the Secretary of State for ballot inclusion. On the dead line of July 2, the initiative had fallen well short of the requisite amount of votes and would not be included on the November ballot.^{[1] [3]}

History

Nationally in the United States, laws related to relaxing penalties related to marijuana have been discussed but not passed. Notable among these is the federal Medical Marijuana Patient Protection Act of 2008, versions of which have been discussed since 2001.^{[citation needed]}

After the Obama administration relaxed federal enforcement of marijuana laws in March 2010, a restaurant and marijuana dispensary called Cannabis Cafe opened in Northeast Portland, Oregon. This opening was representative of the trend in wider tolerance of marijuana use that was part of the motivation for the filing of the OCTA initiative at the time.^[2]

Text of initiative

The certified ballot title is as follows:
Permits personal marijuana, hemp cultivation/use without license; commission to regulate commercial marijuana cultivation/sale

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

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

Summary
Summary: Currently, marijuana cultivation, possession and delivery are prohibited; regulated medical marijuana use permitted. Measure replaces state, local marijuana laws except medical marijuana and driving under the influence laws; distinguishes "hemp" from "marijuana"; prohibits regulation of hemp. Creates agency to license marijuana cultivation by qualified persons and to purchase entire crop. Agency sells marijuana at cost to pharmacies, medical research facilities, and to qualified adults for profit through state stores. Ninety percent of net proceeds goes to state general fund, remainder to drug education, treatment, hemp promotion. Bans sales to, possession by minors. Bans public consumption except where signs permit, minors barred. Agency to regulate use, set prices, other duties; Attorney General to defend against federal challenges/prosecution. Provides penalties. Effective January 1, 2011; other provisions.^[4]

Stance on initiative

In support of passing the measure

• Pacific Green Party^[5][6]
• Oregon NORML^[7]

In opposition of passing the measure

• John Kitzhaber, former two term Democratic Governor of Oregon and 2010 gubernatorial candidate^[8][9]

See also

• Cannabis in Oregon
• Controlled substances in Oregon
• Decriminalization of non-medical cannabis in the United States
• Washington Initiative 1068 (2010)
• Regulate, Control and Tax Cannabis Act of 2010 (similar California initiative)

References

1. ^ ^{a b} "Oregon Cannabis Tax Act". http://www.cannabistaxact.org/. Retrieved April 11, 2010. 
2. ^ ^{a b} Krough, David (April 7, 2010). "Legal Oregon pot could be on November ballot". KGW. http://www.kgw.com/news/local/Legal-Oregon-pot-could-be-on-November-ballot-90115927.html. Retrieved April 11, 2010. 
3. ^ http://www.webcitation.org/5r5eXiQXY Thompson, Dennis. July 3 2010. Retrieved July 9 2010
4. ^ "(notice of receipt of draft ballot title for Initiative 73)" (PDF). Oregon Secretary of State. December 31, 2009. http://www.sos.state.or.us/elections/irr/2010/073dbt.pdf. Retrieved April 11, 2010. 
5. ^ Pacific Green Party (2010-05-23). "Take Action- Oregon Cannabis Tax Act of 2010". http://www.pacificgreens.org/node/11555. Retrieved 2010-06-27. 
6. ^ Pacific Green Party (2010-04-20). "End Marijuana Prohibition". http://www.pacificgreens.org/node/4203. Retrieved 2010-06-27. 
7. ^ Jennifer Alexander (2010-04-20). "Why Should I Support the OCTA?". http://ornorml.org/why_octa. Retrieved 2010-06-27. 
8. ^ Adams, Eric (2010-04-28). "Democratic Primary debate (Pt. 3)". KGW. http://www.kgw.com/news/politics/Democratic-Primary-debate-Pt-3-92380274.html. Retrieved 2010-06-27. 
9. ^ ProfessorMMU (2010-05-05). "John Kitzhaber supports Dispensaries, Not Legalization". YouTube. http://www.youtube.com/watch?v=4qPa3at87Y0. Retrieved 2010-06-27. 

External references

• Oregon Cannabis Tax Act 2010
• Oregon Secretary of State initiative listing