OCAA Spring 2013OCAA Spring 2013Options for Municipal Regulation of Medical Options for Municipal Regulation of Medical

MarijuanaMarijuanaChristy Monson , The Local Government Law Group in Eugene Christy Monson , The Local Government Law Group in Eugene

christy@speerhoyt.com 541.485.5151christy@speerhoyt.com 541.485.5151

Should Cities Just Say Should Cities Just Say No?No?

OMMA Prohibitions: OMMA Prohibitions: Harshing the MellowHarshing the Mellow

NO selling or purchasing MJ to/from NO selling or purchasing MJ to/from anyone.anyone.

NO sharing with non-cardholders.NO sharing with non-cardholders. NO using pot in public or in public view.NO using pot in public or in public view. NO driving while under the influence.NO driving while under the influence. NO growing or producing other than NO growing or producing other than

registered growsite. (Can grow yourself or registered growsite. (Can grow yourself or have someone grow for you.)have someone grow for you.)

Six mature plants per cardholder. Maximum Six mature plants per cardholder. Maximum 24 plants per grower. (ORS 475.300 et seq.)24 plants per grower. (ORS 475.300 et seq.)

What MMJ Looks Like in What MMJ Looks Like in our Cities: A Mixed Bagour Cities: A Mixed Bag Home growing and home useHome growing and home use Dispensaries, Gardens, Dispensaries, Gardens,

“Cannabis Clubs”, Retail “Cannabis Clubs”, Retail Establishments, Collectives.Establishments, Collectives.

Enforcement Choices and Enforcement Choices and Limited ResourcesLimited Resources

Dazed and confused?Dazed and confused?

““Chronic” Neighborhood Chronic” Neighborhood ProblemsProblems

Regulation Options: A Regulation Options: A Municipal PotpourriMunicipal Potpourri

Regulation Options: A Regulation Options: A Municipal PotpourriMunicipal Potpourri

Regulation Options: A Regulation Options: A Municipal PotpourriMunicipal Potpourri

Regulation Options: A Regulation Options: A Municipal PotpourriMunicipal Potpourri

Regulation Options: A Regulation Options: A Municipal Potpourri Municipal Potpourri

Licensing/Permitting can Licensing/Permitting can be a sticky situationbe a sticky situation

Invalid authority to license a crime? Invalid authority to license a crime? MarchettiMarchetti, 390 US 39 (1968)., 390 US 39 (1968).

License creating a vested right to a business? License creating a vested right to a business? Santa Barbara Patients Collective Health Co-op v. City Santa Barbara Patients Collective Health Co-op v. City

of Santa Barbaraof Santa Barbara, 2012 WL 2129370, 9, 2012 WL 2129370, 9thth Cir., June 13, Cir., June 13, 2012)2012)

Fifth amendment protections against self Fifth amendment protections against self incrimination? incrimination? Baltimore City Dept. of Soc. Serv. v. BouknightBaltimore City Dept. of Soc. Serv. v. Bouknight, 493 , 493

US 549 (1990); US 549 (1990); Montes v. USMontes v. US, 2012 WL 2798810 (E.D. , 2012 WL 2798810 (E.D. Cal. Jul 09, 2012).Cal. Jul 09, 2012).

Regulation Options: A Regulation Options: A Municipal PotpourriMunicipal Potpourri

Criminal Options: An Ounce of Criminal Options: An Ounce of Prevention or a Token Gesture?Prevention or a Token Gesture?

Analyze the real problems vs. perceived or Analyze the real problems vs. perceived or political.political.

Limitations on MMJ user immunity from Limitations on MMJ user immunity from criminal laws: ORS 475.316criminal laws: ORS 475.316 DUIIDUII SharingSharing PurchasePurchase Grow location or too many plantsGrow location or too many plants

Affirmative defenses provided to MMJ users: Affirmative defenses provided to MMJ users: ORS 475.319ORS 475.319 No card neededNo card needed

DARK GREEN: legal medical cannabis/decriminalized   DARK GREEN: legal medical cannabis/decriminalized   LIGHT GREEN: legal medical cannabis LIGHT GREEN: legal medical cannabis ARMY GREEN: decriminalized ARMY GREEN: decriminalized PURPLE: legalized recreational cannabisPURPLE: legalized recreational cannabis

Consider taxing in the event of Consider taxing in the event of legalization.legalization.

Rolling in the GreenRolling in the Green

Blunt AdviceBlunt Advice

"Two of my favorite things are sitting on my front porch "Two of my favorite things are sitting on my front porch smoking a pipe of sweet hemp, and playing my Hohner smoking a pipe of sweet hemp, and playing my Hohner harmonica." - Abraham Lincoln (from a letter written by harmonica." - Abraham Lincoln (from a letter written by Lincoln during his presidency to the head of the Hohner Lincoln during his presidency to the head of the Hohner Harmonica Company in Germany).Harmonica Company in Germany).