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Grant County, Oregon, Marijuana Legalization Initiative, Measure 12-58 (May 2016)

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Measure 12-58: Grant County Marijuana Legalization Initiative
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The basics
Election date:
May 17, 2016
Status:
Defeatedd Defeated
Topic:
Local marijuana
Related articles
Local marijuana on the ballot
May 17, 2016 ballot measures in Oregon
Grant County, Oregon ballot measures
See also
Grant County, Oregon
Tom Mallams recall, Klamath County commission, Oregon (2016)

A referendum to overturn the county's ban of marijuana sales was on the ballot for voters in Klamath County on May 17, 2016. It was defeated.

A "yes" vote was a vote in favor of repealing the county's ban on marijuana production and sales, thereby legalizing the sale, possession, and use of marijuana.
A "no" vote was a vote against repealing the county's ban on marijuana production and sales, leaving marijuana sales, possession, and use illegal according to county law.

This referendum was designed to legalize marijuana sales in the county, overturning Grant County Ordinance 2015-01, which was approved by the county board of supervisors on December 16, 2015, and banned:[1]

  • Marijuana processing facilities
  • Medical marijuana dispensaries
  • Marijuana production
  • Marijuana processing
  • Marijuana wholesale
  • Marijuana retail

Election results

Grant County, Measure 12-58
ResultVotesPercentage
Defeatedd No1,68953.48%
Yes 1,469 46.52%
Election results from Washington Top News

Text of measure

Ballot title

The following ballot title appeared on the ballot:

Allows marijuana activities made legal by Oregon in Grant County[2]

Ballot question and summary

The following ballot question and summary appeared on the ballot:[3]

Question: Shall the people of Grant County be permitted to engage in all legal marijuana uses and activities under state law?

Summary: This Measure would overturn Grant County Ordinance 2015-01. By overturning Grant County Ordinance 2015-01, the people of Grant County would be allowed to avail themselves to existing Oregon law which permits the production, cultivation, licensed processing, wholesaling, retailing and testing of marijuana.[2]

Explanatory statement

The following explanatory statement was prepared for Measure 18-105:[3]

Oregon voters passed Ballot Measure 91 legalizing the medical, personal and economic uses of marijuana in 2014.

The Oregon Legislature allowed counties that voted 55% or more against Ballot Measure 91 to “opt-out” of the economic benefits of marijuana. The medical and personal use, including personal gardens, remained unaffected by the Legislature’s actions.

After several Grant County Court meetings in late 2015, where the majority of Grant County citizens who spoke were against Grant County “opting-out” of the economic benefits of marijuana, the Grant County Court on a 2 to 1 vote, voted to “opt-out” of the economic benefits of marijuana.

Even after the Grant County Court action, all other legalized uses of marijuana are allowed in Grant County under Oregon law including medical and personal marijuana use, home cultivation of four plants and the transfer, without money, of one ounce of marijuana between individuals.

“Opting- out” only prevents the economic uses of marijuana allowed under Measure 91. Grant County cannot “opt-out” of the other types of legalization allowed under Ballot Measure 91.

By “opting-out”, the county does not qualify to receive tax revenues from the lawful sale and production of marijuana around the state.

Grant County Initiative 12-58 overturns the decision to “opt-out” by the Grant County governing body and allows the county to receive the economic benefits of Ballot Measure 91 and allows the county to access state tax revenues generated from the lawful sale and cultivation of marijuana.

As is explained in the ballot title, Grant County Initiative 12-58 allows for Grant County citizens to conduct all lawful marijuana activities pursuant to existing state laws. Grant County Initiative 12-58 allows for production, cultivation, licensed recreational marijuana processor, wholesaler, retailer, and testing within the county allowing the county to receive state tax revenues from these activities. Grant County Initiative 12-58 would overturn Grant County Ordinance 2015-01 passed 2-1 by the County Court.

All economic uses will be subject to local and state government regulation to ensure safety, proper use and enforcement laws, including tax laws, required for compliance with Ballot Measure 91.[2]

—Grant County Explanatory Committee[3]

Background

Marijuana legalization

In 2014, Oregon voters approved marijuana legalization through Measure 91. In Grant County, however, about 65 percent of electors voted "no" on the statewide measure, Measure 91.[4]

County marijuana ban

Since voters in the county rejected Measure 91, the county was allowed to pass an ordinance banning marijuana sales, use, and possession, which the Grant County Commissioners did on December 16, 2015.[1]

Tom Mallams recall and referendum in Klamath County

See also: Tom Mallams recall, Klamath County commission, Oregon (2016) and Klamath County Marijuana Sales Referendum, Measure 18-105 (May 2016)

An effort in Klamath County, Oregon, to recall Commissioner Tom Mallams from his position as chair of the county board of commissioners was officially launched on September 22, 2015. Ilo and Melissa Ferroggiaro, the petitioners behind a similar marijuana legalization referendum in Klamath County, were responsible for the recall petition. The recall petition effort failed, and the recall did not go to a vote.[4]

Support

Supporters

Arguments in favor

Supporters argued that Measure 12-58 would:

  • Allow increased tax revenue and an improved local economy
Supporters argued that Measure 12-58 would provide jobs and provide tax revenue for essential services such as education, mental health services, addiction assistance, and police services.
  • Prevent prevent harmful and unnecessary prosecution of people violating the county's marijuana ban
Supporters argued that marijuana use is largely a victimless crime and that prosecuting people for marijuana possession and use unnecessarily ruins lives and doesn't help society

Voter pamphlet arguments

The following arguments in support of Measure 12-58 were submitted for inclusion in the state's voter information pamphlet:[3]

Overturning the Grant County ban on legal cannabis would allow for not only the growth in a new Oregon industry, but helps small business owners and farmers in our community trying to get involved. The need for new economic development in Grant County calls for opening doors to both current and prospective business owners to new opportunities. Allowing the regulated cannabis market is that opportunity.

The impacts of a regulated cannabis market are simple:

State tax dollars earmarked for education, substance abuse prevention, and law enforcement. Those dollars cannot be accessed if the ban stays in place. Local revenue and job creation through new retail and agricultural business. They can never be created. Increased public safety by removing the market for criminal cartel-driven cannabis sales. Legalization has crippled Mexican Drug Cartels according to the Washington Post. Ensures that any cannabis product is tested for safety and sold only to the legal, adult population. Under a county-wide ban, all of these benefits go away, while at the same time illegal cannabis use remains prevalent. The 'double deficit' created by the ban serves to perpetuate illegal sales and accompanying criminal activity, and this must be addressed.

Yes on Rural Economies supports Grant County Initiative 12-58, and the growth of this regulated industry.[2]

—Edward Medina, Jr, of A Better Way Medicinal Alternatives, LLC[3]

Vote Yes on Grant County Initiative 12-58

Grant County has an unemployment rate nearly twice the national average (9.3 % in December 2015). Initiative 12-58 brings jobs to Grant County. One job creates many economic benefits for our entire community. Grant County citizens, from ranchers to small business owners, are ready to create jobs in Grant County if voters allow them too. Vote Yes for Jobs in Grant County!

Grant County Ranchers and property owners want to use their land to cultivate marijuana. When the county opted out of Measure 91, government told those property owners they could not use their land as they see fit. We respect private property rights in Grant County, and Initiative 12-58 allows private property owned by Grant County Citizens to be used in a lawful, productive and economically beneficial way. The Grant County Farm Bureau opposed the county ban! Tell government to let private property owners use their property as they see fit as is their Constitutional Right!

Grant County citizens are responsible. Initiative 12-58 eliminates the black market and brings regulation to the marijuana industry. Business owners know that selling to minors is the quickest way to lose their businesses. They will deny access to minors! A regulated market keeps marijuana out of schools. Keep Children Safe!

Grant County citizens, including veterans, suffer medically and doctor-prescribed marijuana helps them fight serious medical conditions from seizures to pain from cancer. They often cannot access their medication for reasons such as a lack of transportation or the pain associated with traveling over three hours on the road to medical dispensaries. A Yes vote for Initiative 12-58 is a vote of compassion for the pain suffered by our most vulnerable Grant County citizens!

Please vote yes on Grant County Initiative 12-58[2]

—Philip Studenberg, attorney at law[3]

Opposition

Arguments against

Opponents argued that legalizing marijuana would:[5]

  • Result in more marijuana use in youth
  • Result in more drug use, in general
  • Draw criminals and deadbeats to Klamath County
  • Hinder law enforcement

Other critics argued that the results of legal marijuana use remain unknown and that the cautious approach would be to reject Measure 12-58 so that regions in which marijuana was legalized and regulated can be observed before making a decision in Grant County.

Voter pamphlet arguments

No arguments in opposition to Measure 12-58 were filed for inclusion in the voter information pamphlet.[3]

Path to the ballot

See also: Laws governing local ballot measures in Oregon

This measure was put on the ballot by a successful citizen initiative petition.

Recent news

The link below is to the most recent stories in a Google news search for the terms Grant County marijuana initiative Measure 12-58. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

Related measures

  1. Denver, Colorado, Dedicated Marijuana Clubs and Bars Initiative (November 2016) 
  2. Denver, Colorado, Public Marijuana Use in Designated Areas, Initiated Ordinance 300 (November 2016) Approveda
  3. Douglas County, Oregon, Medical Marijuana Processing and Sales, Measure 10-144 (November 2016) Defeatedd
  4. Douglas County, Oregon, Recreational Marijuana Cultivation, Processing, and Sales, Measure 10-143 (November 2016) Defeatedd
  5. Klamath County Marijuana Sales Referendum, Measure 18-105 (May 2016) 
  6. Matanuska-Susitna Borough Commercial Marijuana Ban Initiative (October 2016) 

See also

External links

Footnotes