Ballot Measure 91, the result of Initiative Petition 53, proposes a statutory amendment to legalize and regulate recreational marijuana, and will be part of the November 4, 2014, Oregon General Election. The ballot title is as follows:
“Allows possession, manufacture, sale of marijuana by/to adults, subject to state licensing, regulation, taxation”
A committee created by the Secretary of State and the Chief Petitioners has issued the following “Explanatory Statement” concerning the measure:
Current Oregon law prohibits the cultivation, use and distribution of marijuana, except as permitted by the Oregon Medical Marijuana Act.
Ballot Measure 91 legalizes personal possession of marijuana within specified limits, and provides for a commercial regulatory system of marijuana production, distribution and sale.
As to personal possession, the measure allows a person 21 years of age or older to have, at any given time, up to 1 ounce of marijuana away from home so long as it is out of public view. At home, per household, persons 21 years of age or older may possess 8 ounces of marijuana, 16 ounces of marijuana products, 72 ounces of marijuana in liquid form, and 1 ounce of marijuana extracts. The measure also allows a household to have up to 4 marijuana plants, which cannot be grown in public view.
The measure prohibits using marijuana in a public place, or using marijuana while driving a vehicle on a public road. This measure also prohibits homemade marijuana extracts, or providing marijuana to a person who is visibly intoxicated.
As to the commercial regulatory system, the measure provides for the licensing and regulation of the production, processing, wholesale, and retail sale of marijuana and marijuana products throughout the state. The Oregon Liquor Control Commission (OLCC) must adopt rules regulating those activities by January 1, 2016. The OLCC must begin taking license applications not later than January 4, 2016, and begin issuing licenses soon after that. A person must be at least 21 years of age to obtain an OLCC license, purchase marijuana from a retailer, or work at any licensed marijuana business. Licenses can be denied or revoked for violation of this measure or OLCC rules. The State of Oregon will not operate any of these marijuana businesses.
A city or county may adopt reasonable time, place and manner regulations of the nuisance aspects of licensed retail activities. A city or county may opt out of having marijuana businesses only by petition signed by 10 percent of registered voters and approved by a majority of voters at a general election.
The measure imposes a tax, by weight, on marijuana produced by licensees. Local taxation is prohibited. The OLCC will also collect licensee fees. Money collected by the state tax and licensee fees is used to fund licensing and regulation by the state. Remaining revenue will be distributed as follows: 40 percent to help fund schools, 25 percent for substance abuse treatment and prevention services, 15 percent to the state police, and 20 percent to cities and counties solely for enforcement of this measure.
The measure requires the Oregon Department of Agriculture to issue hemp licenses to qualified farmers.
The measure does not affect state laws relating to medical marijuana, landlord-tenant matters, penalties for driving under the influence of intoxicants, marijuana laws applying to those under 21 years of age, any federal government grant or contract requirements, or state or federal law pertaining to employment matters.
The full text of Ballot Measure 91 can be found here: