OCAA Spring 2013
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OCAA Spring 2013 OCAA Spring 2013 Options for Municipal Regulation of Medical Options for Municipal Regulation of Medical Marijuana Marijuana Christy Monson , The Local Government Law Group in Eugene Christy Monson , The Local Government Law Group in Eugene [email protected] 541.485.5151 [email protected] 541.485.5151
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OCAA Spring 2013. Options for Municipal Regulation of Medical Marijuana Christy Monson , The Local Government Law Group in Eugene [email protected] 541.485.5151. Should Cities Just Say No?. OMMA Prohibitions: Harshing the Mellow. NO selling or purchasing MJ to/from anyone. - PowerPoint PPT Presentation
Transcript of OCAA Spring 2013
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
[email protected] [email protected] 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).
