As we approach the midterm elections on November 4th, I want to focus on the two statewide voter initiatives that seek to fully legalize marijuana in Alaska and Oregon. This week I will examine the proposal in Oregon, known as Measure 91.
Will the Third Time Be the Charm?
This will be the third time – and, hopefully, the charm time – that Oregon voters have voted on a marijuana legalization proposal. The first initiative, Measure 5 in 1986, the Oregon Marijuana Legalization for Personal Use Act, would have legalized the personal possession and cultivation of marijuana for personal use; it won the support of only 26 percent of the voters. More recently, Measure 80 in 2012, the Oregon Cannabis Tax Act, would have allowed the personal cultivation of marijuana and established a licensing system for the commercial production and sale of marijuana; it came close, with the support of 46.5 percent of the voters.
The latest Oregon initiative, Measure 91, proposed by New Approach Oregon, would legalize the use of marijuana by those 21 and older, and establish a system of licensing, taxing and regulating marijuana under the auspices of the Oregon Liquor Control Board.
Specifically, under this proposal adults would be permitted to possess up to eight ounces of “dried” marijuana and cultivate up to four plants. And they would be allowed to give up to an ounce of marijuana, 16 ounces of marijuana products in solid form or 72 ounces of marijuana products in liquid form, to other individuals 21 and older; they could not be compensated or reimbursed for these transactions. Adults would be allowed to purchase up to an ounce of marijuana, 16 ounces of marijuana products in solid form, or 72 ounces of marijuana products in liquid form from properly registered businesses. These limits are more permissive than those previously approved in Washington and Colorado, and may provide a test of how restrictive a legalization system must be to win the approval of a majority of the voters.