Medical Marijuana in Oregon: Regulation in a Direct Democracy State

Direct Democracy, or pure democracy exists where citizens write policy initiatives themselves. If activist groups collect enough signatures in the allotted time, the initiative makes it to the ballot. If voters approve the initiative, it becomes law. In representative democracy States, citizens vote for representatives who then write and implement policy based on the best interests of the citizens of that State. Currently, in the United States, California, Oregon, Colorado, Michigan, Arizona, North Dakota and Montana are direct democracy States and have been able to establish Cannabis regulation through direct voter initiatives. Oregon allows for all six forms of direct democracy. Let's examine what activist and special interest groups had to do to enact Cannabis Regulation in this State.

Oregon started its path to Cannabis regulation in 1973 becoming the first State to decriminalize Cannabis with The Oregon Decriminalization Bill abolishing criminal penalties for possessing small amounts of Cannabis. Possession of less than an ounce of Cannabis became punishable as a misdemeanor with a $500 to $1000 fine. Private use of Cannabis and public intoxication were no longer punishable offenses, however, public use and driving under the influence were punishable and continue to be to this day.

In 1998, The Oregon Medical Marijuana Act, established by Ballot Measure 67 was enacted allowing citizens with one or more of the listed qualifying conditions with a doctor's recommendation to obtain a State issued Medical Marijuana Card. This allowed the Patient possession of 1.5 pounds of Cannabis at any given time and the ability to grow 18 immature plants and 6 mature plants without the fear of citation, arrest or penalty. Patients could choose a caregiver to grow for them if they were unable and those caregivers would enjoy the same protections as the Patient. Before dispensaries were established, Patients had to grow their own or rely on a network of caregivers to produce medicine for them. Oregon became the second State in the US to enact a system of safe access for Medical Cannabis Patients following California Prop 215.

It wasn't easy to push this initiative through the legislative process through to implementation. First, activists had to write the initiative and gather signatures in the statutory time frame. After the vote, they had to ensure the Legislators followed through to implement the program and ensure law enforcement wasn't targeting Medical Patients in the program illegally.

Oregon is a direct democracy State allowing for a law to be citizen enacted by initiating a State Statute where special interest groups collect a certain amount of signatures for placement on the voter ballot. The first step in this process is providing the technical language for the law. In Oregon, the Ballot Measure 67 was authored by a small town member of the American College of Physicians, Dr. Rick Bayer, MD, Geoff Sugerman, a lobbyist for medical Cannabis Growers, activist John Sajo, attorney Leland Burger, ACLU Oregon executive director Dave Fidanque, and David Smigelski of advocacy group Oregonians for Medical Rights. The language in the law provided qualifying Medical Patients arrest and other protections from prosecution, created a patient registry, defined the Patient / Caregiver relationship and possession limits.

The second step in the process is collecting signatures. The Campaign for Ballot Measure 67 was run and managed by the Sugerman Group, co-petitioner Geoff Sugerman. By February of 1998, the group was established and solicits George Soros, Chairman of Soros Fund Management for money to hire signature gatherers to begin collecting the 73,000 signatures needed. George, partnering with Ethan Nadelmann of Drug Policy Alliance with contributions from individual donors paid for political ads and payroll for signature gatherers.

The Ballot Measure Campaign already had an audience through several well established media outlets. Paul Stanford of THCF Clinics, Madeline Martinez of the World Famous Cannabis Cafe and Director of OR NORML with local patient advocacy groups were producing Hempstalk bringing thousands of registered voters together in the same space as signature gatherers. The main stage speakers and panels filled with experts in drug law reform, hemp production and cannabis science educated the voters, compelling them to add their signature to the measure.

Paul Stanford also produced a TV Show running weekly on cable access Portland called Cannabis Common Sense. Every Friday night Local Doctors, Campaign advocates and special guests would speak about the economic, scientific, environmental and medical benefits of both Cannabis and Agricultural Hemp. The general tone of the conversation with average voters had already shifted towards regulation.

All of these factors together contributed to a solid defense against opposition groups including Oregon Against Dangerous Drugs and The Christian Coalition. The loudest speaker in the group of opposing parties was Multnomah County Sheriff Dan Noelle. His talking points were centered around Marijuana as an illegal drug degrading the youth who would have access to it leading to lawlessness. Since this campaign, the Sheriff has switched his views on medical cannabis.

After the bill was passed, it took some time for the Oregon State Judicial Branch to conform to the conditions of the new law. At first, legitimate Patients continued to be targeted for prosecution. It took a concentrated effort from attorney Lee Berger accompanied by key witness, Dr. Rick Bayer and a small army of court supporters to stop the effort. Mr. Berger had to convince the defendants in these cases not to take the plea deal, but to exercise their right to a fair trial. One by one, these cases were acquitted when taken to trial.

Kyllo v United States was a Federal win for Oregon growers decided 4 years prior to the passing of the medical bill. The decision using thermal imaging, or FLIR devices outside the home does not show just cause for a search within the home under the Fourth Amendment set the stage for legal language in Oregon law.

Today's Oregon Cannabis market is the culmination of 20 years of implementations, where businesses have been allowed to establish themselves and enjoy the benefits of sustainable economic growth. This would not have been a possibility without a savvy new generation of key players. These attorneys, business associations and individuals remained in the State Government buildings the whole time, driving the conversation as their initiatives were being amended each legislative session. These individuals provide sustainable business support to those looking to invest in Oregon's burgeoning markets now through trade business conferences, with legal representation and other services available to ensure success.

The International Cannabis Business EXPO began as a forum for Oregon businesses as the Oregon Marijuana Business EXPO before expanding into an international conference series, produced by Alex Rogers and Dean Arbit. These conferences combine business planning, politics and culture to educate the average business investor giving a clear and tangible path to establishing and sustaining every level of Cannabis businesses.

Portland was blessed with husband and wife team, Anthony Johnson and Sarah Duff who have lead the way for cannabis law reform activists since moving there in 2004. They have co-authored initiatives, petitioned for dispensaries and remained active throughout implementation of both medical and recreational businesses. Working with attorneys like Rachal Kurt, Business Development Manager at the National Cannabis Industry Association to establish a legal framework for business structure and representation, Oregon has maintained strong industry standards.

As recreational markets are opening, Oregon is experiencing normal, but extreme market fluctuations with a 40% surplus of last harvest. Businesses face traditional and non traditional market risks including regulation deterrents, lack of Government Compliance Systems (seed to sale), the need to utilize hard money lending solutions due to Federal Banking Restrictions, the presence of a necessary black market and vertical integration restrictions. The World is watching to see how Oregon businesses continue to thrive, grow and fail for the purpose of structuring legislature and developing implementation strategies in their local communities.

Economic Impact Study: How Cannabis Saved The Emerald Triangle

It was two days before Christmas, 1964. Most of the United States were enjoying Holiday festivities and completing tasks on 

their last minute to do lists. The residents of Northern California and Southern Oregon were evacuating their homes threatened by record high flood waters in conditions meteorologists deemed "The Perfect Storm". The weather events effecting the Eel and Kalamath Rivers and all of their tributaries began December 14 when a cold front brought several feet of snow. Immediately after, a pineapple connection dropped more than 30 inches of rain in less than a week. In the end, the highest tide of the year coming in as the flooded rivers reached their peaks would cause the most destruction. 

Residents recall the sound of the violent waters as a deep and unsettling roar not unlike an earthquake. This was the sound of giant redwoods and rocks pounding down the mountains in what experts estimate as much 750,000 cubic feet of water pumping per second. Logging was the major industry in the area at the time. Loggers created log jams in front of mills to collect the trees just cut from the mountains. The rushing water and debris knocked most of these loose and these giant trees took out everything in its path. 

When the flood waters receded, most residents found all of their possessions to be destroyed or washed away. Debris from the event was later found to have traveled all the way to the shores of Japan's islands. The coastlines in California and Oregon were littered with personal items washed out to sea only to be returned with the shifting tides. Entire communities had been washed away. 

Very few residents decided to rebuild after this event. Most logging companies abandoned any effort to reestablish themselves, the damage having been to much a burden to bear. Clean up efforts were slow as most roadways were blocked with debris or damaged by flood waters. The area was devastated economically, the people damaged morally having lost everything. What is now lovingly referred to as the Emerald Triangle was nothing more than sad remnants of life once lived and ghosts. 

The Flood left something else people at the time did not see as valuable. Layers and layers of fertile river silt which would eventually provide the perfect conditions for growing cannabis. It turns out, the Eel River has one of the heaviest sediment loads, second only to the Yellow River in China. The sediment and low land prices would be contributing factors to the economic boom enjoyed by this region more than a decade later. 

Hippies and The Vietnam War

In January of 1969, Richard Nixon took office as United States President. The Vietnam War waged on with US Casualties exceeding those lost in the Korean War and a new movement opposing the war in the US gaining ground. This new movement of people believed in living communally in harmony with nature. They believed peace could be achieved through artistic experimentation and engaged in civil acts of disobedience in opposition to the war. 

Hippies were spreading awareness through music, producing the Woodstock Concert in August of 1969 and another concert in Alamont CA in December. Berkely CA housed the highest population of hippies at the time, but 1970 saw a waning in the popularity of the movement. After the National Guard opened fire on student protesters at Jackson State and Kent State Universities, Hippies became recluse searching for ways to live off the grid away from a society shunning them. 

Hippies were attracted to Humboldt and adjacent c
ounties because the forest was so dense and the population diminished after the flood. Land had been split by this time into 5 and 10 acre parcels and was very affordable. By 1970, the hippies from San Francisco's Haight Ashbury were migrating north in large numbers. Several communes were established in the area and still thrive there today. 

The first Hippies realized within a few years, communes were not profitable. By 1972, most communes were experiencing financial difficulties. Livelihood strategies included growing enough food for everyone living on the commune, profits from artistic endeavors and sporadic odd jobs. Up to this point, cannabis was just another plant in the garden offering communal residents enough for personal use. Eventually, with few other economic avenues to pursue, the hippies turned to a burgeoning, but illegal marijuana black market. Remote locations, very fertile soil and the ability to redirect water from river tributaries and mountain springs provided everything necessary for successful gardens. Local law enforcement, violence against hippies and backlash from local loggers made maintaining successful gardens very risky business. 

The War on Drugs

Growing Cannabis as a livelihood strategy in a zero tolerance county led by politicians simultaneously declaring a "War on Drugs" and tightening penalties and restrictions is not an easy endeavor. Police forces were being militarized, arming themselves with military grade weapons. These municipalities were using these weapons to raid communes with force and often, without probably cause. Police Search Helicopters littered the skies above these Cannabis Growers resulting in a healthy paranoia and sense of distrust.

Distrust was warranted. Cannabis Growers can loose their crop at any time during the cultivation process in any number of circumstances. Bad weather, such as floods or droughts can kill an entire crop. Farmers loose their crops to insects, deer and elk, law enforcement, thieves or circumstances beyond ones control. The cost of doing business is high before one sees a return on investment. Most of the money earned goes back into the next crop. 

The War on Drugs created a judicial system incapable of handling business disputes like normal businesses. Altercations were handled behind closed doors and with tight lips. Calling the police in the case of a home invasion was not an option, services were not made available to women in violent domestic situations. If the other party took off with product without paying for it, there was nothing to do about it. An army of police officers trained to believe the Marijuana Plant to be evil and those involved in the business no better than the violent drug cartels of Mexico were hell bent on eradicating the plant altogether and evicting the hippies from the area. These municipalities wreaked havoc on everyone, even residents not engaged in growing Cannabis.  

The penalties for growing, processing and distributing Cannabis were always high. Growers could face decades in Federal Prison and loose their property, assets, children and any money accumulating in the bank. Regardless of the risks,  Cannabis Farmers persisted and are now considered pioneers as States across the Nation have repealed prohibition by establishing new legislature for an industry growing at lightning speed.  It appears the Federal Government is not far behind recently considering rescheduling cannabis to a less restrictive category in the DEA's drug diversion program.  

Today,  when one travels through the Emerald Triangle,  signs of a burgeoning cannabis industry are everywhere. The grocery stores have elaborate displays of turkey bags in the front of the store all year.  Hair salons double as trim supply stores offering any pruning scissors currently available on the market next to aprons,  hand solutions and gallon containers of isopropyl. Every business in the area benefits from the cannabis industry from the restaurants to the thrift stores. 

The State of California is still trying to interpret voter approved initiatives allowing for medical Marijuana as new legislature is being introduced for adult recreational use. Growers well established in this area are ready for whatever the future has in store for them,  breeding organic, artisan strains one can only find growing amongst the giant redwoods. This region was saved by Cannabis and continues to enjoy the economic benefits of a healthy marijuana industry. These growers aren't going anywhere.
   

*The Emerald Triangle covers all of Trinity, Humboldt and Mendocino Counties.

Reference:

http://www.bidontravel.com/blog/canada-usa/arcata-ca-hippie-values-live/

http://www.geocurrents.info/place/north-america/northern-california/the-1970s-transformation-of-californias-north-coast

http://www.willitsnews.com/general-news/20160115/locals-collect-mendocinos-cannabis-history

https://humboldtherald.wordpress.com/2006/12/18/humboldt-trials-and-tribulations/

http://www.geocurrents.info/place/north-america/northern-california/the-hippie-migration-to-mendocino-and-the-establishment-of-a-cannabis-based-economy