Pubdate: Tue, 11 Feb 2014
Source: Sun Herald (MS)
Copyright: 2014, The Sun Herald
Contact:  http://www.sunherald.com
Details: http://www.mapinc.org/media/432
Author: Chad Garland, Associated Press

OREGON COMMUNITIES SEEK OPTION TO BAN MEDICAL POT

SALEM, Ore. - A state Senate committee hearing Tuesday focused on
whether Oregon communities should be allowed to ban medical marijuana
dispensaries.

Advocates of the proposal said communities should have the right to
decide for themselves, and opponents said local bans would be unfair
to patients who need marijuana to alleviate their ailments.

"I think time is what some of these city councils need to really
examine this further," Sam Chapman, a consultant who helped write the
state's dispensary law, told the Senate Judiciary Committee. "This is
a large issue on their plate."

The Legislature last year approved legislation allowing medical
marijuana stores, but a number of communities don't want the
facilities and want the right to keep them from opening.

Chapman said he's been working with the Beaverton City Council to help
its members better understand the dispensary law and what authority
they have regarding the facilities.

With Tuesday's hearing, lawmakers have begun considering legislation
that would allow local communities to regulate, restrict or prohibit
medical marijuana facilities authorized under state law.

Rob Bovett, legal counsel for the Association of Oregon Counties,
called the Oregon medical marijuana system the "most unregulated
program" in the country and said that while some communities are
willing to accept the dispensaries, others have a "wait and see"
mentality. They believe they already have the authority to regulate or
prohibit the dispensaries in their areas, he said, but the bill seeks
to clarify that authority and "avoid needless litigation" fighting for
that belief in court.

But Sen. Arnie Roblan, D-Coos Bay, likened the dispensaries to
pharmacies and said banning them would be the same as keeping people
from getting needed medication.

Sen. Michael Dembrow, D-Portland, said he shared Roblan's concern
about giving communities the right to impose an "outright ban."

Speaking in support of the bill, SB 1531, Tualatin Mayor Lou Ogden
said that "mass access" to the drug is a greater threat than people
having to go out of their way to have their prescriptions filled.

Oregon voters passed a medical marijuana law in 1998. About 60,000
Oregonians have medical marijuana cards. Many have claimed that
without dispensaries, it is difficult for them to acquire marijuana.
Under the law, holders of medical marijuana cards can grow a certain
amount for themselves or have designated people grow it for them.

In addition to improving access to marijuana for legitimate patients,
the dispensary law passed by the Legislature last year is also
intended to keep marijuana grown for medical purposes from ending up
on the black market.

Beginning March 3, medical marijuana facilities registered with the
Oregon Health Authority will be allowed to store marijuana and
dispense it to Oregonians with medical marijuana cards or their
caregivers. OHA rules require the marijuana to be tested for safety
and set requirements for employee background checks, security systems
and inspections at the facilities.

Under the law, dispensaries are not permitted within 1,000 feet of
schools. At Tuesday's hearing, the Senate Judiciary Committee also
took a look at proposed amendments to SB 1531 that would extend that
to preschools. The amendments would also require medical marijuana
products to be in child-resistant packaging and would prohibit
products made or packaged in a way that would be attractive to children.

The committee also heard testimony on a second bill, SB 1556, which
would put the question to voters about whether to legalize marijuana
for adult recreational use.
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MAP posted-by: Jo-D