Measure 80 defeated; Rosenblum to be the next A.G.
Measure 80 – a ballot measure that sought to repeal Oregon’s marijuana prohibition and replace it with a system of taxation and regulation – failed to pass on election night. According to the Oregon Secretary of State, the measure was defeated 53% to 47%. Although the measure was defeated, it received more support from Oregon voters than did Measure 74 in 2010, which sought to create a medical marijuana dispensary program and was only supported by 44.21% of the voters.
Measure 80 wasn’t the only electoral decision that had implications for the future of Oregon’s marijuana policies. To the question of state representation, Democrats took back control of the Oregon Legislature, giving hope to those who have been longing to see a medical marijuana dispensary program pass the legislature. In addition, Ellen Rosenblum – a friend of medical marijuana – won the race for attorney general.
Now that Washington and Colorado have both passed initiatives to tax and regulate marijuana like alcohol, other states will surely follow suit. The Yes on Measure 80 campaign did a wonderful job highlighting the important need to change and laying the foundation for a constructive conversation.
Medical marijuana patients face employment discrimination
On April 16, 2010, the Oregon Supreme Court, the highest court in the state, ruled that employers were free to terminate the employment of a medical marijuana patient simply because she or he tests positive for marijuana, even if the patient never used marijuana at work or worked while impaired. The court ruled that Oregon’s employment discrimination act, read in conjunction with the Americans With Disabilities Act, allowed employers to terminate an employee for testing positive for marijuana even if that employee was in compliance with Oregon’s medical marijuana program.
To say the least, this is an unfortunate ruling. To terminate an employee for simply testing positive for legal medical marijuana use is absurd. A better approach would be to look at the totality of the circumstances. MPP’s model medical marijuana bill, for example, only allows an employer to discipline an employee for using marijuana at work or for working while impaired, as opposed to just having marijuana metabolites in his or her system. (It also includes an exception for cases where federal regulations or contract require the employer to act.)
Marijuana laws in Oregon
Although Oregon has decriminalized possession of up to an ounce of marijuana, having replaced criminal penalties with a civil fine, the cost is still excessive for possession of a small amount of marijuana. Currently, an individual who possesses up to an ounce of marijuana could be levied with a fine of up to $1,000! In comparison, in 2008, Massachusetts’s voters chose to decriminalize possession of up to an ounce of marijuana by replacing their state's past criminal penalties with a fine of only $100. For the same offense, Oregon penalizes its residents up to 10 times as harshly as Massachusetts.
For more information on the current legal status of marijuana, as well as information on use rates, arrests, and other helpful information, please see Marijuana In Oregon, authored by Dr. Jon Gettman, Ph.D.
Stay connected
Thank you for supporting the Marijuana Policy Project and all of our allies. If you have any questions concerning the status of marijuana policy reform in Oregon, you can contact MPP at state@mpp.org. Also, be sure to subscribe to MPP's free legislative alert service today.
