Marijuana-related
legislation stalls in Salem
Oregon’s biennial legislature has adjourned,
and although numerous stand-alone bills seeking to change marijuana policy – both
positively and negatively – were introduced, none passed the legislature. Unfortunately, an exorbitant fee increase for the Oregon Medical Marijuana Program was approved in the budget.
One of the better marijuana-related
bills introduced this past session was HB 3046, sponsored by Rep. Mike
Schaufler. This bill would have established a state-regulated medical marijuana
dispensary system. Regulated dispensaries are important to any well-run medical
marijuana program because they allow patients to safely, reliably, and
immediately access their medicine. In addition, clear regulations would have
allowed entrepreneurs across the state to clearly comply with state law, which
would have decreased the likelihood that the federal government would interfere
with their businesses. Delaying passage of a dispensary program keeps patients
who cannot grow their medicine on their own in the same unfortunate scenario of
having to find someone to grow it for them (not as easy as it sounds) or
purchasing their medicine from the criminal market.
An example of legislation that we are
pleased to see fail is HB 2982, introduced by Rep. Matt Wingard. This bill
would have denied individuals convicted of a controlled substances crime from
using or receiving a medical marijuana ID card. In addition, this bill would have
required the Oregon Health Authority to conduct background checks on all
current cardholders and revoke IDs from any patients previously convicted of a
felony. Not only would this mass background check have been an incredible waste
of money, but it could only be motivated by animus towards patients. Like it or
not, ex-offenders get sick too.
As mentioned above, lawmakers in Salem approved a dramatic fee hike for applications for the OMMP, despite the fact that the OMMP has been running a surplus for the past several years. Starting October 1, 2011, cardholder applications and annual renewal fees will be $200. Persons on food stamps and OHP cardholders will qualify for a reduced fee of $100. Those receiving SSI benefits will be charged $20. Replacement cards will cost $100 ($20 for those who qualify for the initial $20 fee). Finally, there will be a grow site registration fee of $50 on applications where the patient is not his or her own grower.
For more details on these, and all
marijuana-related bills introduced this past session in Salem, please see our legislation page on the side bar. And if you have
not already done so, please
sign up for our free, state-specific email alerts to stay up-to-date on
marijuana policy in Oregon.
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 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.
