Ballot Measure 91Recreational Marijuana

Lauren Sommers

Local Government Law Group

lauren@speerhoyt.com

541-485-5151

Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act

Limitations

Measure 91 does not:

Amend or affect state or federal employment law;

Amend or affect state or federal landlord-tenant law;

Prohibit a federal grant recipient or party to a federal contract from prohibiting the manufacture, use, delivery or possession of marijuana to the extent necessary to satisfy conditions of the grant or contract;

Require violations of federal law;

Create an exemption from federal law; or

Amend or affect the Oregon Medical Marijuana Act.

Exemptions

Homegrown marijuana (not to exceed 4 plants and 8 oz of useable marijuana at any given time).

Homemade marijuana products (not to exceed 16 oz in solid form and 72 oz in liquid form at a given time).

Delivery of not more than one ounce of homegrown marijuana, not more than 16 oz solid homemade marijuana products and 72 oz liquid homemade marijuana products at a given time by a person over 21 to another person over 21 for noncommercial purposes.

Only those over 21 may possess or consume recreational marijuana.

Recreational restrictions do not apply to medical card holders. The Oregon Health Authority retains jurisdiction over medical dispensaries.

OLCC to Regulate Recreational Marijuana

OLCC rules due on or before January 1, 2016.

OLCC to accept license applications on or before January 4, 2016.

No licensure of mobile premises (no pot trucks).

Types of Licenses

Producer License (Growers)

Processor License Wholesale License Retail License

An individual or entity can hold one or more of these licenses. Licenses are issued for one year.

Tax

$35 per ounce on flowers $10 per ounce on leaves $5 per immature plant

The tax is only imposed on the marijuana producers at the time of the first sale by the producer.

The tax will increase each year by an adjusted cost of living index.

State has the exclusive right to taxSection 42: No county or city of this state shall impose any fee or tax, including occupation taxes, privilege taxes and inspection fees, in connection with the purchase, sale, production, processing, transportation, and delivery of marijuana items.

Tax BreakdownCommon School FundMental Health, Alcoholism and Drug ServicesState PoliceCitiesCountiesOregon Health Authority Alcohol and Drug Abuse Prevention

Common School Fund – 40%

Mental Health, Alcoholism and Drug Services Account – 20%

State Police – 15%

Cities – 10%

Counties – 10%

Oregon Health Authority for Alcohol and Drug Abuse Prevention Programs – 5%

City Revenue Sharing

Before July 1, 2017

Revenue dedicated to cities will be distributed proportionally by population

After July 1, 2017

50% of revenue dedicated to cities will be distributed proportionally based on the number of producer, processor and wholesaler licenses in the city

50% of revenue dedicated to cities will be distributed proportionally based on the number of retail licenses in the city

Prohibitions

No use of marijuana in a public place No homegrown marijuana in public view No homemade extracts No import/export out of state No provision of marijuana to a visibly intoxicated

person No possession of marijuana in a correctional facility No marijuana as a prize

Marijuana Laws Supersede and Repeal Inconsistent Charters and OrdinancesSections 3 to 70 of this Act, designed to operate uniformly throughout the state, shall be paramount and superior to and shall fully replace and supersede any and all municipal charter enactments or local ordinances inconsistent with it. Such charters and ordinances are hereby repealed.

City Regulations

Cities may adopt reasonable time, place, and manner regulations of the nuisance aspects of establishments that sell marijuana to consumers if the city makes specific findings that the establishment would cause adverse effects to occur.

The authority to impose regulations is in addition to authority granted to cities under state statutes, the Oregon Constitution and the city’s charter.

Local OptionCitizens may file an initiative petition to prohibit licensed premises in the City.

A yes vote would not prohibit the possession of marijuana for personal use in the city.