Oregon Intoxicating Substances Act (2010)

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The Oregon Intoxicating Substances Act, also known as Initiative 32 and 33, did not appear on the November 2, 2010 ballot in Oregon as an initiated state statute.[1] Another marijuana-related initiative, the Regulated Medical Marijuana Supply System Act, may appear on the ballot. It would create state licensing for marijuana farmers to supply the state's medical marijuana dispensaries.[2]

Part of the energy behind legalizing and taxing marijuana came following the decision that U.S. Attorney General Eric Holder announced in October 2009 to the effect that the federal government would stop prosecuting medical marijuana users in states that had passed medical marijuana laws, including Oregon. Advocates in Oregon and elsewhere also made the case that faltering state budgets would be helped by the additional tax revenues state governments could expect in states where marijuana was a legal, taxable crop.[3]

Initiative 32's chief petitioners were Tom Bergin, William Jennings and John Trumbo. They gave their initiative the working title of Oregon Intoxicating Substances Act.

Ballot titles

The official ballot title of Initiative 32 and 33 was:[4]

Repeals Medical Marijuana Act; replaces with subsidized synthetic cannabinoids prescription program; establishes requirements for participation.

Result of "Yes" Vote: "Yes" vote repeals Medical Marijuana Act, replaces with state-subsidized synthetic cannabinoids prescription program; establishes eligibility requirements; allows for independent medical examination to determine eligibility.

Result of "No" Vote: "No" vote retains current Medical Marijuana Act, rejects replacement with state-subsidized program providing prescribed synthetic cannabinoids if prescribed cannabinoids are not covered by insurance.

Summary: Repeals Oregon Medical Marijuana Act; replaces with state-subsidized program providing prescription cannabinoids, cannabinoids derivatives, and synthetic cannabinoids to persons with diagnosed debilitating medical conditions if such prescriptions are not covered by insurance. Department of Human Services shall establish program rules. Independent medical exam at state's expense may be required to determine eligibility for program. Establishes standard for determining validity of participant's application based on medically reasonable diagnosis and necessity of prescription for treatment of diagnosed debilitating medical condition. Participant must be legal Oregon resident for one year prior to application. Attending physician to monitor participant's use in same manner as a controlled substance. Defines attending physician, controlled substance, diagnosed debilitating medical condition. Current valid medical marijuana cards ineffective after March 31, 2011. Other provisions.

Path to the ballot

See also: Oregon signature requirements

According to state officials, no petitions were filed in an effort to qualify the measure for the ballot. Initiative petitions for statutes required signatures equalling 6% of 1,379,475, or 82,769 signatures. The deadline for filing signatures for the November 2010 ballot was July 2, 2010. Initiative 2 and Initiative 32 were both subject to the July 2 deadline, and the 82,769 signature requirement.

Initiative 32 was filed with the Oregon Secretary of State on February 5, 2009. It was approved for circulation on November 4, 2009.

See also

External links

Additional reading