Should Grants Pass Allow Medical Marijuana Dispensaries
I never understood the federal law argument. When the voters passed Death with Dignity Oregon told the Feds to go pound sand. If you don't want dispensaries 'cause the Fed law then go bust the growers with cards (state law too) as that is in violation of Fed law.
Throw 'em jail. In other words the elected are already selecting the Fed laws they will or will not enforce.
Selective enforcement of laws seems to be a tad unfair.
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(03-15-2014, 08:07 AM)Willie Krash Wrote: I never understood the federal law argument. When the voters passed Death with Dignity Oregon told the Feds to go pound sand. If you don't want dispensaries 'cause the Fed law then go bust the growers with cards (state law too) as that is in violation of Fed law.
Throw 'em jail. In other words the elected are already selecting the Fed laws they will or will not enforce.
Selective enforcement of laws seems to be a tad unfair.

It's about our U.S. Constitution. (A pretty fair piece of work by the way)

Federal Law trumps local law until a specific event has been adjudicated. (Seldom).

It's my humble opinion that this is a good thing. (TVg will will explain that in full when he get time; right now he's busy trying to get out of the room his wife locked him in)
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(03-15-2014, 08:07 AM)Willie Krash Wrote: I never understood the federal law argument. When the voters passed Death with Dignity Oregon told the Feds to go pound sand. If you don't want dispensaries 'cause the Fed law then go bust the growers with cards (state law too) as that is in violation of Fed law.
Throw 'em jail. In other words the elected are already selecting the Fed laws they will or will not enforce.
Selective enforcement of laws seems to be a tad unfair.

The only people that understand the federal law argument are those that want to use it. The prohibitionists or prohibitionists lite folks like Wonky want authorities to be able to shape our society according the the norms they are comfortable with.
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Snippets from the Daily Courier regarding the Pot forum... http://web.thedailycourier.com/eedition/...3-16&opb=0

Quote:Lots of information, no solutions.
This is the summary from
Thursday night’s symposium
about medical marijuana dispensaries
in Josephine County.

Quote:A major quandary for local
governments is the conflict
between federal law, which
criminalizes marijuana, and
Oregon law, which not only
issues medical marijuana cards
to qualified patients but now
(since earlier this month) allows
medical marijuana dispensaries.
Panelist Paul Schmidt, a former
agent with the Drug
Enforcement Administration
who now consults with businesses
that sell or dispense medical
marijuana, shed some light on
the subject.
“Federal agencies were
never established to target individuals,”
Schmidt said. He pointed
to Colorado, for example,
with its proliferation of medical
marijuana and recreational
marijuana use.
“Everything that’s happening
in Colorado is unlawful” according
to the federal government,
but the feds have not interceded,
he said.
In Schmidt’s opinion, the federal
government is sitting back
and letting states work things
out. Washington state has also
legalized the recreational use of
marijuana.
Nonetheless, Josephine County
Legal Counsel Steve Rich
emphasized that federal laws
indeed ban marijuana, making it
difficult for local governments
to decide what to do.
Rich also pointed out that
Josephine County has a home
rule charter form of government,
which gives the county
broad authority set its own
rules. Josephine County residents
ought to be able to decide
what they want to do, Rich said.
Another controversial aspect
of dispensaries is how they will
be regulated and monitored.

Quote:One panelist clearly advocated
for allowing local dispensaries.
Susan Rutherford, a mortgage
banker, said she has applied for a
dispensary permit from the state
and has already invested
$150,000 in property for a site.
Medical marijuana is not a
panacea, but she said it has
proven to help patients, including
members of her family.
Rutherford said she has hired
consultants and toured approved
facilities in order to make sure
her facility will be professional
and comply with all the regulations.
She predicted that other
facilities will do the same.
“I firmly believe the industry
will self-regulate itself. It’s too
costly not to,” she said.
Rutherford said there are
plenty of safeguards within the
law. She said she wants to move
the use of medical marijuana
“out of the shadows.”

Quote:Grants Pass Mayor Darin
Fowler, also a panelist, said
that, based on events in Colorado
and Washington, any
financial “golden egg” benefits
related to marijuana seem to be
related to recreational use,
“which is not here yet.”
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Wonk,
Why are they not busting growers? Federal law.
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(03-17-2014, 07:23 AM)Willie Krash Wrote: Wonk,
Why are they not busting growers? Federal law.

Feds don't get involved until you exceed a hundred plants.
Also the Feds have been getting a free ride. They rely on the state court system and state prisons to incarcerate MJ offenses. Now if they want to bust somebody, they have to do it on their own dime.
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(03-17-2014, 12:59 PM)chuck white Wrote:
(03-17-2014, 07:23 AM)Willie Krash Wrote: Wonk,
Why are they not busting growers? Federal law.

Feds don't get involved until you exceed a hundred plants.

That's funny. Every time I saw the feds getting involved it turned out the growers were caught selling the weed. And often large quantities out of state.

Of course there were always those crying foul, that it was just medicine they were selling, they wonderful people and all of that horseshit.

Anyway show me an example of where some large grower was busted for legally growing medical MJ.
Reply
Keeping you updated. Smiling

Opinion
Last Update Sunday, March 16, 2014

Legislature may miss opportunity to write pot laws

Comments (No comments posted.)

Sooner or later, Oregon voters once again will decide whether to legalize marijuana for recreational purposes. If that time comes this fall, as is likely, state lawmakers will regret their decision to let die in committee a bill that would have asked voters if they want to legalize pot and leave the regulatory details to lawmakers in the 2015 session.

It’s long been evident that several legalization measures could be on the November ballot. Paul Stanford, head of the Oregon branch of the National Organization for the Reform of Marijuana Laws, is collecting signatures for two initiatives ? one making possession of pot a constitutional right for adults and the other laying out a program for producing, selling and possessing marijuana. Another organization, New Approach Oregon, which has national financial backing, also is gathering signatures to qualify legalization initiatives for the ballot.

Legalization advocates already have shown they have the energy and resources to place initiatives on the ballot. Stanford’s group put Measure 80 on the ballot in 2012. It was rejected by voters, but that doesn’t necessarily indicate that Oregonians are hostile to the idea of legal pot. The measure received 47 percent of the vote despite glaring flaws. For instance, the initiative would have created a seven-member marijuana commission with a skewed membership that included five members elected by licensed pot growers. The proposal placed no limits on the amount of marijuana a person could grow or possess.

The initiative was drafted by and for pot users, and future measures might be the same. Any marijuana provisions placed in the constitution, as Stanford proposes, would be beyond the Legislature’s reach.

Some state lawmakers, including Senate Judiciary Chairman Floyd Prozanski, D-Eugene, wisely suggested that the Legislature put a measure on this November’s ballot that would allow state lawmakers, and not marijuana advocates, to write rules governing key details such as the level of taxation, the distribution of revenue and the amount of pot that Oregonians may possess legally.

Prozanski had the right approach, but too many lawmakers balked at the idea of putting a marijuana measure on the ballot. Without enough votes to clear the Senate, Prozanski’s Senate Bill 1556 died in committee.

Opponents, including Sen. Jeff Kruse, R-Roseburg, said SB1556 had too many problems to work out in an off-year session. But that makes no sense ? Prozanski’s proposal simply asked voters whether they want to legalize marijuana and left the regulatory details to the full 2015 session.

Kruse and other lawmakers said they preferred to wait and see how Washington state and Colorado deal with the legalization initiatives that voters in those states approved in 2012. That would be prudent if Oregon had plenty of time to watch the other states’ experiments. But time is not on the Legislature’s side ? ready or not, Oregonians are likely to vote on the issue this fall.
Lawmakers can take some consolation that Stanford has made some positive changes in his latest proposals. For example, members of the state marijuana commission would be appointed by the governor rather than by the marijuana community. Stanford also proposes a limit on possession, albeit a high one ? individuals would be allowed to possess up to 24 marijuana plants and 24 ounces of dried pot.

New Approach Oregon’s measure would allow people who are 21 and older to possess up to eight ounces of dried marijuana and four plants. It would have the Oregon Liquor Control Commission regulate sales of the drug.

Either approach would be an improvement from the over-the-top Measure 80. But lawmakers are letting slip through their fingers a prime opportunity to let voters decide whether to legalize marijuana and, if so, allow their elected representatives, not marijuana advocates, to decide the all-important details.

The (Eugene) Register-Guard
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Looks like the Kitz just put a temporary kibosh on dispensaries.

http://www.kdrv.com/citations-dismissed-...-greenery/

Quote:PHOENIX, Ore. — Local governments are now allowed to temporarily ban medical marijuana dispensaries.

Oregon Governor John Kitzhaber signed it into law, giving cities and counties until may first to enact moratoriums that could last until May 2015. Even if cities choose not to ban them, they could still set policies and regulations for those facilities.
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It looks like most of the Southern Oregon jurisdictions are getting on the moratorium bandwagon. I don't see that as necessarily a bad thing. I know Jackson County was already adopting rules for marijuana dispensaries when they decided to enact a temporary ban.

I don't think the state will ever tax medical cannabis, but they will tax recreational cannabis when that comes to Oregon, and it is already on the ballot for the midterm elections. IMO, Oregon should follow Colorado's lead when and if marijuana becomes legal here and tax it like booze.

Temporary moratorium on marijuana dispensaries enacted in Jackson County

March 19, 2014 - 2:35 PM

Jackson County Commissioners today approved an emergency 120-day moratorium on medical marijuana dispensaries and could adopt a moratorium in April that could last into 2015.

The moratorium applies to land under county jurisdiction and does not apply inside the limits of cities, which are taking their own stances on the dispensary issue.

Commissioners will hold a public hearing about whether to adopt a moratorium that could last as late as May 2015.

The hearing is scheduled during a meeting that will start at 9:30 a.m. on Wednesday, April 2, in the Jackson County Courthouse Auditorium, 10 S. Oakdale Ave., Medford.

Earlier this month, the Oregon Legislature passed a bill allowing local jurisdictions to enact moratoriums on medical marijuana dispensaries until May 2015.

"What the Legislature did was give us some breathing room," Commissioner Don Skundrick said.

Adopting a moratorium would give county officials time to determine where and under what conditions dispensaries should be reviewed under county's land-use rules, County Administrator Danny Jordan said.

He said the county lacks specific provisions in its land-use laws allowing dispensaries.

A person who wanted to launch a dispensary could argue it is a pharmacy — which is allowed under county laws — but the claim would likely be challenged, Jordan said.

— Vickie Aldous
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(03-20-2014, 09:09 PM)orygunluvr Wrote: Looks like the Kitz just put a temporary kibosh on dispensaries.

http://www.kdrv.com/citations-dismissed-...-greenery/

Quote:PHOENIX, Ore. — Local governments are now allowed to temporarily ban medical marijuana dispensaries.

Oregon Governor John Kitzhaber signed it into law, giving cities and counties until may first to enact moratoriums that could last until May 2015. Even if cities choose not to ban them, they could still set policies and regulations for those facilities.
Your first sentence is inaccurate. Portland, Ashland and other cities are issuing marijuana dispensaries licenses.
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(03-17-2014, 07:23 AM)Willie Krash Wrote: Wonk,
Why are they not busting growers? Federal law.

The law stands.
Attn. Gen Holder has said his agency is not going to be "aggressive" in busting small operations but his office will prosecute "as it sees fit".

He "don't see fit".
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