Pubdate: Thu, 20 Jun 2013
Source: Register-Guard, The (OR)
Copyright: 2013 The Register-Guard
Contact: http://www.registerguard.com/web/opinion/#contribute-a-letter
Website: http://www.registerguard.com/
Details: http://www.mapinc.org/media/362
Author: Saul Hubbard

Oregon Legislature

MEDICAL POT BILL ADVANCES

A Committee Approves a Measure That Would Legalize and Regulate
Retailers, Many of Which Already Exist

SALEM - Lawmakers are advancing a plan that would legalize and
regulate medical marijuana retailers in Oregon, a move that proponents
say would eliminate the legal gray area where as many as 200 such
facilities already are operating.

On Wednesday, the Legislature's chief budget committee approved House
Bill 3460 by a comfortable margin. The bill now heads to the House
floor, with a vote expected next week.

Under the existing rules of the Oregon Medical Marijuana Program, the
53,000 individuals prescribed marijuana by a doctor can either grow
their own or reimburse a state-registered grower to do so for them.
Growers aren't legally allowed to turn a profit, only to be reimbursed
for supplies and utilities needed for cultivation.

That setup isn't practical for many cardholders, advocates say, and
retail sites, known as "dispensaries," have emerged as natural
middlemen between patients and growers.

They aren't legal, but in many instances law enforcement officials
treat them with a "hands-off" approach.

There have been some high-profile exceptions, however, including two
raids on dispensaries in Eugene in the past year and a series of raids
of Medford facilities last month.

Under HB 3460, all dispensaries would have to purchase an annual
$4,000 license to cover the costs of administering the new state program.

Dispensaries would have to maintain records of the amount of marijuana
they receive and sell, which law enforcement or program administrators
could inspect. They couldn't be located in residential areas, or
within 1,000 feet of schools or of one another. They would have to
test all marijuana sold for pesticides, mold and mildew.

While dispensaries couldn't turn a profit, they could recoup from
their sales any costs associated with purchasing marijuana from
growers or their operations, including rent, staff salaries and supplies.

Rep. Peter Buckley, an Ashland Democrat and co-sponsor of the bill,
said Wednesday that its intent is "to try to get some regulation" on
existing dispensaries.

Rep. Tim Freeman, a Roseburg Republican, said he can't support the
bill because it doesn't include financial aid to law enforcement to
help crack down on dispensaries that don't become licensed and
therefore continue to operate illegally.

"There's nothing in the bill that gives law enforcement more teeth to
eliminate the illegal ones," he said.

Sen. Alan Bates, an Ashland Democrat, said he supports the bill
because it means "at least we'll know which (dispensaries) are legal
ones," although he noted that illegal marijuana sales could still
occur in legal premises.

The legislation leaves other issues unaddressed, Bates added,
including "huge pot farms" in Southern Oregon that ostensibly grow
medical marijuana for Oregonians but which produce "pot that has been
traced all over the United States."

Sen. Fred Girod, a Stayton Republican, said the state's medical
marijuana program has essentially "made it a legal drug here in
Oregon." HB 3460 continues that trend, he said.

"I can't agree with the path we're going down," he
said.

The bill scored two high-profile endorsements this week from Oregon
Attorney General Ellen Rosenblum - who received significant financial
support from pro--marijuana groups during her campaign last fall - and
from the League of Oregon Cities. Conversely, opposition from law
enforcement groups has been muted throughout the session.

Should HB 3460 become law, rules for dispensaries will most likely
still be fine-tuned by the Oregon Health Authority before the new
program becomes operational in 2014, said Geoff Sugerman, a lobbyist
for the advocacy group Oregonians for Medical Rights.

Additionally, under the bill, individual cities could adopt further
"time, place, and manner" restrictions on dispensaries, he said.

"The goal here was not to write every single rule, it was more to
provide a framework so that these businesses could be licensed and
regulated," he said.
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MAP posted-by: Matt