Pubdate: Wed, 14 Oct 1998
Source: Willamette Week (OR)
Contact:  http://www.wweek.com/

Our Guide To The 1998 Ballot Measures

CHAINSAWS, BONGS & ONE-EYED JACKS

Measure 57

Recriminalizes Possession Of Small Amounts Of Marijuana

Perceived Problem

The demon weed

How It Would Work

This measure's history is as long as a Rastafarian's dreadlocks and just as
twisted. Twenty-five years ago, Oregon was the second state in the nation to
decriminalize possession of small amounts of pot. Last session, the
Legislature suddenly started worrying about it. Lawmakers passed a bill to
recriminalize possession of less than an ounce, which the governor
"reluctantly" signed. Then some motivated marijuana advocates (how's that
for an oxymoron?) gathered enough signatures to force the Legislature to
halt enactment of the law and refer it to the ballot for voters to decide.

Hence we are forced to wade into a silly debate that was resolved a quarter
of a century ago. Under current law--and if the measure fails--an adult
caught with less than an ounce of marijuana is simply given a citation and
ordered to pay a fine between $500 and $1,000.

If Measure 57 passes, pot-carrying adults could be charged with a crime (a
misdemeanor) and fined. They could also be incarcerated, but that's highly
unlikely. Authorities say they'll continue to treat most marijuana
possession cases as infractions. Many other pot offenders will probably be
sentenced to probation. Juvenile offenders will be forced into diversion
programs and lose their driver's licenses.

Ultimate Conclusion

Why are we suddenly threatening pot smokers with criminal sanctions?
Proponents say it's about kids, and they point to a statistic from the state
Office of Alcohol and Drug Abuse Programs that at first glance seems
startling: Since 1990 Oregon eighth graders' use of marijuana has tripled
and is 36 percent above the national average.

Even us squishy liberals at WW don't think pre-pubescent puffing is a good
thing. But we're sober enough to see through the smoke and mirrors. That
statistic has nothing to do with decriminalization 25 years ago. Marijuana
use among Oregon teens has risen and fallen over the last 10 years,
independent of any changes in laws regarding its use. And although reported
pot use among Oregon eighth graders is higher today than in 1990, it's lower
than in 1986 and 1988. Furthermore, the surveys don't necessarily show how
much pot is being used. It just shows how many people are reporting pot use.

Blame this measure on Portland Police Chief Charles Moose and his buddies in
blue. They won't admit it, but the Police Chiefs Association, which brought
recriminalization to the Legislature last session, wasn't so much worried
about kids. Instead, it was frothing to expand its search and seizure
powers. Making pot use a crime would allow police to search people caught
with a joint--and perhaps find evidence of more serious crimes.

We're opposed to expanding search and seizure powers any further,
particularly since those powers were just expanded in July to allow more
searches of people who haven't even been accused of any crime.

We're also concerned about abuses of power that recriminalization could
bring. Police have already conceded that the new law will be only
selectively enforced. So who, exactly, are they going to bust?

Interestingly, even the proponents have backed away from this one. They've
raised exactly $309. Chief Moose, meanwhile, is nowhere to be seen on this
issue.

You Oughta Know

This one is kind of confusing, so put down that bong and listen very
closely: A vote in the no column is a vote for peace, love and
understanding. Vote yes and you're just saying no to drugs. Got it?

***

Measure 67

Exempts People With Debilitating Conditions From State Laws That Prohibit
Growing And Using Marijuana

Perceived Problem

Too hard to score if you're sore

How It Would Work

Despite what opponents may claim, if this measure passes, your doctor won't
have free reign to say "take two hits and call me in the morning," every
time you get a case of the sniffles. The measure is limited to specific
conditions such as cancer, glaucoma and HIV, as well as things like cachexia
(malnutrition or "wasting," frequently associated with AIDS), severe pain
and nausea, seizures and muscle spasms.

People with these ailments or symptoms would need a doctor to confirm that
medical marijuana may help. Patients would then register with the State
Health Division for a medical-marijuana card. With the card they would, in
essence, have permission from the state to maintain seven marijuana plants
(three mature, four immature) and carry up to one ounce on their person. For
those who can't grow their own, a "primary caregiver" can be chosen to be
the green thumb.

Ultimate Conclusion

Opponents raise three serious concerns.

First, Measure 67 would send the wrong message to children. If Johnny sees
grandpa light up after chemotherapy, the little tyke may think there's
nothing wrong with taking a toke himself.

Second, there is debate over the actual medicinal value. There need to be
more studies of marijuana, Measure 67 foes say. If the feds consequently
approve the drug, reefer should be reclassified and available through
doctors, who can control and monitor usage with clearly understood
guidelines. The current measure allows people to self-medicate as if pot
were echinacea.

Finally, law-enforcement officials say Measure 67 would disrupt their lives.
For starters, they're not too keen on the requirement that if police
officers seize plants from someone who uses the medical-marijuana defense,
they have to keep the cannabis alive.

But their biggest gripe is that the measure provides an out for people who
don't get a card: Anyone who gets busted can attempt to use medical
marijuana as a defense in court--even for conditions not listed in the law.
Cops and prosecutors fear that defense attorneys and sympathetic doctors
will tie the courts up with medical-marijuana claims, some of them bogus. If
the measure is truly about medicine, they ask, why leave that loophole?

But all those arguments fall flat for people who are sick and dying.

WW has spoken with several people with a variety of ailments who have been
secretly using marijuana for years. We're not talking about Deadheads; we're
talking about members of the Elks Lodge.

For them, Marinol, the synthetic THC, does not work.

It's true that some able-bodied stoners will try to use medical marijuana as
a defense when they get busted. And the courts will have to deal with that.
If it becomes a serious enough problem, the Legislature can fix it.

As for further study, whether you blame it on the drug war, the
pharmaceutical companies, the politicians or the American Medical
Association, there hasn't been enough pressure on the feds to get them to
take action on medical marijuana. If this measure, and similar measures
elsewhere, pushes them in that direction, all the better. Until then, sick
people should not have to buy their medicine on the street.

You Oughta Know

So far, all the money in support of this measure ($153,897) has come from
Americans for Medical Rights. AMR originally formed in California for
Proposition 215, which legalized medical marijuana there, and is now funding
six other medical-marijuana measures--in Oregon, Washington, Alaska, Nevada,
Colorado and the District of Columbia. AMR advocates legalizing marijuana
for everyone, not just sick people. But the chief petitioner, Dr. Richard
Bayer, is no pothead. His drug of choice is Mountain Dew, and he says he's
not trying to make pot legal. He just wants to make it available for those
who need it.

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Checked-by: Don Beck