Klamath County Marijuana Sales Referendum, Measure 18-105 (May 2016)

• Background
• Text of measure
• Support
• Opposition
• Path to the ballot
• Recent news
• More
  • Local ballot measures
  • State ballot measures
  • Local politics

Measure 18-105: Klamath County Marijuana Sales Referendum
The basics
Election date:
May 17, 2016
Status:
d Defeated
Topic:
Local marijuana
Related articles
Local marijuana on the ballot May 17, 2016 ballot measures in Oregon Klamath County, Oregon ballot measures
See also
Klamath 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 County Ordinance 36.07, which was approved by the county board of supervisors on September 22, 2015, and banned:

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

Election results

Klamath County, Measure 18-105
Result		Votes	Percentage
d No		11,684	56.79%
Yes		8,889	43.21%

Election results from Klamath County Elections Office

Text of measure

Ballot title

The following ballot title appeared on the ballot:

“

Allowing state licensed medical and retail marijuana facilities

”

Ballot question and summary

The following ballot question and summary appeared on the ballot:

“

Question: Shall State licensed medical and retail marijuana dispensaries, producers, processors,wholesalers and retailers be allowed to operate in Klamath County? Summary: This measure if passed would allow: The State of Oregon to grant licenses to qualifying medical and retail marijuana facilities in Klamath County. The Oregon Health Authority would be permitted to license medical marijuana dispensaries and processing sites in Klamath County. The Oregon Liquor Control Commission would be permitted to license marijuana producers, processors, wholesalers, and retailers.

”

Explanatory statement

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

“	Ballot Measure 18-105 would amend County ordinance 36.07 to allow State-licensed cannabis businesses to operate within Klamath County. Currently, ordinance 36.07 prohibits all cannabis-related businesses within Klamath County, including retail sales and all four types of licensing (producer, processor, wholesaler and retailer). If passed, the measure would require Klamath County to allow State-approved licenses, allowing medical dispensaries, retail farms and retail sales to conduct business within the County. Currently Klamath County does not collect any State tax from retail sales of cannabis. If passed, recreational retail sales only, not medical cannabis dispensaries, would be taxed in Klamath County. Retail stores would be required to pay a 25% sales tax through December 31, 2016 and permanent 17% sales tax thereafter to the State of Oregon. Klamath County will have the option to add an additional 3% local sales tax. The cost of the retail sales tax program is paid for by tax dollars from retail sales. Revenue from the retail sales tax would be distributed to: Common School Fund Mental Health, Alcoholism, and Drug Services Account (ORS 430.380) State Police Cities, for local law enforcement Counties, for local law enforcement Oregon Health Authority, for alcohol and drug abuse prevention, early intervention, and treatment services	”
—* Klamath County Explanatory Committee

Background

Marijuana legalization

In 2014, Oregon voters approved marijuana legalization through Measure 91. In Klamath County, however, 56 percent of electors voted "no" on the statewide measure.

County marijuana ban

On September 22, 2015, the Klamath County Board of Commissioners voted unanimously to ban the production and sale of both medical and recreational marijuana within the county. In 2015, state legislators passed Oregon House Bill 3400, which was designed to allow counties in which at least 55 percent of electors voted "no" on Measure 91 to ban marijuana processing and sales. Marijuana use was not prohibited by the county's ordinance. With an earlier ordinance, commissioners voted to ban medical marijuana dispensaries in May 2014 and extended the ban for another year in May 2015.

Tom Mallams recall

See also: Tom Mallams recall, Klamath County commission, Oregon (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 this marijuana referendum, were responsible for the recall petition. The recall petition effort failed, and the recall did not go to a vote.

Support

Supporters

Ilo and Melissa Ferroggiaro filed the referendum petition and organized the signature-gathering campaign.

The Ferroggiaros own a medical marijuana dispensary called Laughing Lotus Farms.

Arguments in favor

Supporters argued that Measure 18-105 would:

• Allow increased tax revenue and an improved local economy

Supporters argued that Measure 18-105 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

• Provide for the rights of marijuana users in accordance with state law

Some supporters argued that it was unfair and undemocratic for the county board of commissioners to ban marijuana when state voters had approved marijuana legalization in 2014.

Some others argued that the issue should be controlled by the state and that Klamath County was violating the principle of state's rights by enforcing marijuana prohibition after statewide legalization. Such critics proposed that counties that wished to ban marijuana should break away from Oregon to form their own state.

Voter pamphlet arguments

The following arguments in support of Measure 18-105 were submitted for inclusion in the state's voter information pamphlet:

“ We are one of the two medical marijuana dispensaries operating in Klamath Falls. Having been open for nearly two years, the sky has not fallen, nor has crime become rampant in the streets as predicted by those in opposition to our opening. Let's take a look at some actual statistics ... Prediction: "Teenage marijuana use will increase if marijuana dispensaries open in Klamath FaHs". FACT: According to the Klamath Falls City Police, marijuana use by our youth and all age groups has remained unchanged since before our opening. Prediction: "Crime will increase if we allow marijuana to be produced and sold in our county". FACT: As stated by our city police, marijuana related crimes have remained unchanged since our opening. Prediction: "Many people will accidentally eat marijuana products". FACT: There has been only one reported case of accidental ingestion in our county. This occurred when an edible marijuana product from California was found and eaten by an unsupervised child. The child recovered completely within a few hours. Banning the sale of marijuana in our county has not, and will not stop products from neighboring states and counties from being brought to our area. Prediction: "Our workforce will not be employable, because they cannot pass a drug test". FACT: Our city police report no increase in marijuana use by all age groups; therefore, there has been no reduction in our workforce or quality of workers. FACT: Marijuana has been in our county for many years. It is legally available statewide. Banning marijuana businesses offers us no control over its production and sales. There is a better way ... Although the sky has not fallen, we must now work to reduce these statistics, rather than allow them to remain stagnant. This can only be accomplished by utilizing the well-regulated system established by the State of Oregon, and the OLCC. We have this opportunity to change marijuana from a problem to a plus. Vote yes on 18-105. ” —Edward Medina, Jr, of A Better Way Medicinal Alternatives, LLC “ The voters of Oregon legalized cannabis for personal use, medical use, recreational and commercial sale. The elected officials of Klamath County have refused to allow medical dispensaries and recreational sales, thus depriving Klamath County citizens of means to obtain relief from pain, alternatives to addictive opioids and recreational access that other Oregonians enjoy. At a time when funds for needed services are suffering, an important source of revenue is being ignored and much potential business is being diverted to Jackson and Deschutes counties as well as cities that have allowed use of cannabis. The City of Klamath Falls has licensed at least one medical dispensary and it has been managed in an exemplary manner. There is no evidence that the fears of the County Commissioners have been realized in the City of Klamath Falls. As a criminal defense attorney I see the damage that comes from prosecuting people for marijuana offenses, especially young people going to college. They represent bright potential for the future of our society and criminalizing them is a loss not just to them but to our society. They are often the best and the brightest of their generation who would never see a prosecution in any other context but the War on Drugs. Oregon has been the leader in recognizing the failings of that War and I am proud to live in this State. It is time for the citizens of Klamath County to tell their elected leaders to get on the bandwagon. Regulate and tax the cannabis industry, don't try to criminalize it. The cannabis entrepreneurs epitomize the American Dream and should be encouraged to contribute to our society, with the additional savings for law enforcement and revenue for schools and other social programs. I urge all the voters of Klamath County to vote YES on Measure 18-105! ” —Philip Studenberg, attorney at law “ To hurt the black market we need to establish a legal cannabis system. It prevents sales of unsafe and untested medicine and limits the ability for minors to buy it. With normalization we can openly educate children of the benefits and precautions of Cannabis. Klamath as an agricultural based economy should be embracing a new farming opportunity! A seed to sale tracking system is used to control production numbers. New banking laws are in the works allowing businesses bank accounts. The state is now granting micro farm licenses for small farmers! A dispensary is more regulated like a bank or pharmacy than a liquor store or bar and recreational stores are charged a state sales tax! By voting YES you will grant people safe access to medicine, saving hours of travel time away from home and helping invest money back into our economy. We want to have a competitive edge and compete with the rest of the industry! Tax Disbursement: School Fund: 40%. Mental Health, Alcoholism, Drug Services: 20%. State Police: 15%. City Police: 10%. Sheriff: 10%. Oregon Health Authority, alcohol and drug abuse prevention, early intervention, and treatment: 5%. Do not pass up potential employers and future tax revenue! Cannabis is a natural plant and much safer to use recreationally compared to big market killers like cigarettes and alcohol. YES ON MEASURE 18-105 ” —Ilo Ferroggiaro “ Regardless if you use Cannabis, realize people can use it for whatever reason they choose, it is called personal freedom of choice. To dream, become entrepreneurs, serve your people and your country, to have many fine options to choose from and to let the "free market decide" were foundations America was built on! Klamath County has long defended many state's rights arguments in past, so why are we debating this one? No state law has been undermined like this one. "The Tenth Amendment to the United States Constitution, which is part of the Bill of Rights. It expresses the principle of federalism, which strictly supports the entire plan of the original Constitution for the United States of America, by stating that the federal government possesses only those powers delegated to it by the United States Constitution. All remaining powers are reserved for the states or the people." If you do not uphold the Constitution, state's rights laws and if you do not believe in the simple act of Democracy, you are Un-American. County officials cannot exercise Democracy by banning a freedom we were all granted. So many counties have opted out of this legal industry it appears they truly do not want to be participating members of the State of Oregon. I urge these counties to separate, pave your own path to success if you cannot follow Oregon law. Why has a State been allowed to segregate itself on a county level? How can it be legal to negate a State Law merely based on matters of personal opinion? Isn't that fascism? Who is responsible for letting such blatant discrimination to be allowed and for encouraging it to flourish? In what way is this beneficial to the growth of our future? We are going backwards in progress!!! If you believe in God, our Country and our Constitution you will uphold State's Rights in Oregon and vote YES on Measure 18-105. ” —Melissa Ferroggiaro

Opposition

Opponents

All three county commissioners voted in favor of the ordinance banning marijuana sales that would be overturned by the approval of this referendum.

Arguments against

Opponents argued that legalizing marijuana would:

• 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 18-105 so that regions in which marijuana was legalized and regulated can be observed before making a decision in Klamath County.

Editorials

The editorial board of Herald and News published an article urging voters to reject Measure 18-105. Although the article did not present a position on the potential benefits or harms of legal and regulated marijuana, the editorial board concluded that rejecting Measure 18-105 and waiting for more data was the best approach. An excerpt of the editorial is below:

“	After listening to both sides with their conflicting sets of statistics, opinions and commentaries on what’s happened in Colorado, where recreational use of marijuana was legalized in 2012 and began in 2014, the Herald and News editorial board decided it was better to let those counties that have approved production and sales of marijuana develop some history and data before allowing sales and production of marijuana in Klamath County. [...] We think the best course for now is a cautious one. That means advising a no vote on Measure 18-105.	”
—Herald and News editorial board

Path to the ballot

See also: Laws governing local ballot measures in Oregon

On September 22, 2015, the board of supervisors voted to ban the processing and sale of marijuana. Soon after the ban on marijuana sales was approved, Ilo and Melissa Ferroggiaro filed this veto referendum petition. They needed 914 valid signatures to qualify this referendum for the ballot. They turned in 1,359 signatures, and the county clerk verified that enough of them were valid to force the issue before voters.

Recent news

The link below is to the most recent stories in a Google news search for the terms Klamath County marijuana referendum Measure 18-105. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

Klamath County Marijuana Sales Referendum, Measure 18-105 (May 2016) - Google News

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) a
3. Douglas County, Oregon, Medical Marijuana Processing and Sales, Measure 10-144 (November 2016) d
4. Douglas County, Oregon, Recreational Marijuana Cultivation, Processing, and Sales, Measure 10-143 (November 2016) d
5. Grant County, Oregon, Marijuana Legalization Initiative, Measure 12-58 (May 2016) 
6. Matanuska-Susitna Borough Commercial Marijuana Ban Initiative (October 2016) 

See also

Local measures

• Local measures in 2016
• Local marijuana on the ballot

• Klamath County measures

Oregon

• May 17, 2016 measures in Oregon
• Local ballot measures, Oregon
• Klamath County, Oregon

News and analysis

• State and local preemption conflicts
• Measures advancing national agendas

External links

Suggest a link

• Klamath County Elections website