Marijuana Reform Initiatives / Draft Legislation
From: email@example.com (Anti-Prohibition Lg)
DRAFT 7, Monday, December 18, 2000
OREGON CANNABIS DECRIMINALIZATION ACT
Whereas the people of the State of Oregon find the 1973 law passed by the Legislature 'decriminalizing' small amounts of cannabis (marijuana), and then overwhelmingly upheld by the voters in a 1998 Referendum must now be expanded to remove all criminal and civil penalties for the cultivation or exchange of cannabis between adults within reasonable limits as set forth in this Act;
Whereas the people of the State of Oregon find the voters' intent expressed by passage of the 1998 law, 'The Oregon Medical Marijuana Act,' and its implementation by the Oregon Health Division has been unfairly compromised, artificially limited and made unsafe to its participants, due exclusively to general adult cannabis prohibition and a criminal element profiting from that prohibition;
Whereas the people of the State of Oregon find that cannabis is an ancient cultivar, an essential commodity grown for its fiber, seed and medicinal value by early American settlers and up to the late 1930s, with no ill-effect whatsoever;
Wherefore, be it enacted by the people of the State of Oregon, the laws relating to cannabis are revised as follows:
Section 1. This Act shall operate uniformly throughout Oregon and supersedes all conflicting statutes within Chapter 474 of the Oregon Revised Statutes, except laws relating to operating a motor vehicle while intoxicated.
Section 2. Legislative Counsel shall move, remove and renumber existing provisions within Chapter 474 of the Oregon Revised Statues to fully comply with the intent which this Act hereby presents.
Section 3. 474.005 Definitions. As used in this Act:
(1) "Cannabis" (aka "marijuana") means the flowers and leaves of the female which are intended for psycho-active and medicinal effect and for human or animal use via raw material, derivatives, oils, tinctures, salts, food or any product which contains a concentration of at least 10 percent psycho-active ingredients, by dry weight or total volume.
(2) "Cannabis-Hemp" (aka hemp) means cannabis grown, stored, produced or distributed, usually on a large-scale, under legal contract and intended for non-psycho-active, industrial hemp by-products such as but not limited to, fiber and hurds from the stalks, meal and oil from the seeds, soil reclamation, bio-mass, etc.
(3) "Person" means a natural individual.
(4) "Adult" means a person over the age of 21 years.
(5) "Minor" means a person under the age of 21 years.
(6) "Plant" means viable cannabis, an established root system, self-standing at least 12 inches in length as measured from the base of the main steam, to it's growing tip.
(7) "Cultivation" (aka "manufacture") means the active effort necessary to grow cannabis plants.
(8) "Garden" means a single physical place, indoors or outdoors, where cannabis is cultivated or consumed, and which is not in public view, and which is not accessible by minors except under direct adult supervision.
(9) "Exchange" (aka "distribution") means the transfer of cannabis or cannabis plants between adults.
(10) "Dry weight" means the actual tare weight of cannabis which has a moisture content of less than 15 percent.
(11) "Decriminalization" means the removal of criminal penalties related to the possession, cultivation and exchange of cannabis for adult use, within reasonable limits.
474.015 Short Title. This bill may be cited as the "Oregon Cannabis Decriminalization Act."
474.025 Purpose of the Oregon Cannabis Decriminalization Act. This Act shall remove criminal and civil penalties under reasonable limits related to cannabis, and also make traditional hemp available to Oregon agriculture and industry.
474.035 Limit on number of cannabis plants per adult, owner identification. An adult may cultivate 1 garden, which may contain up to 5 cannabis plants at any one time. Each cannabis plant must be tagged with its owner's full name.
474.045 Limit on dry weight possession, storage requirements, owner identification, transport. An adult may possess and transport up to 140 grams (5oz.) of dry weight cannabis at any one time. All cannabis must be stored in a container clearly identified with the owner's full name, and so as to prevent access by minors or anyone operating a motor vehicle.
474.055 Limit on cannabis plants exchange, transport. Adults may exchange and transport in a sealed container(s), up to 5 cannabis plants at any one time.
474.065 Limit on dry weight exchange. Adults may exchange up to 140 grams (5oz.) of dry weight cannabis, or its equivalent per weight or volume, at any one time.
474.075 Penalties. For conviction under ORS 474.035 through ORS 474.065 the penalties are as follows:
(1) On a first offense the court shall issue a verbal and written warning fully explaining the consequence of subsequent offenses. Copies of this warning shall be kept for a period of 5 years, then destroyed if no subsequent violation occurs.
(2) A second offense shall be a violation and subject to a maximum fine of $100.00 and 16 hours of community service related to drug rehabilitation.
(3) A third and subsequent offenses shall be a Class A Misdemeanor. 474.085 Ban on providing cannabis or cannabis plant to minors, penalty, exceptions. Providing cannabis or cannabis plants to a minor shall be a Class A misdemeanor, except for cannabis when provided by a parent or legal guardian under the same conditions provided by ORS 471.030(1) for alcohol. If a minor is currently a qualified "registrant" or an adult is their designated "caregiver," under the Oregon Medical Marijuana Program, (ORS 475.300), this provision will not apply and the party or parties are subject to the rules which govern the medical program.
474.095 Ban on minor in possession of cannabis or cannabis plants, penalty, medical exception. A minor in possession of cannabis shall be a violation punishable by a fine of not more than $100.00 and 12 hours of drug education classes. If a minor is currently a qualified "registrant," under the Oregon Medical Marijuana Program, (ORS 475.300), this provision will not apply and the party or parties are subject to the rules which govern the medical program.
474.115 Ban on public consumption, penalty, exception. Except where prominent signs permit and minors are neither admitted nor employed, public consumption of cannabis shall be a violation punishable by a fine of not more than $100.00.
474.125 Contraband disposal, authority. For conviction under ORS 474.035 through ORS 474.065 all cannabis, cannabis plants, and cultivation- related equipment may be seized and destroyed or otherwise legally distributed for medical or research purposes, at the discretion of the State Health Officer.
474.135 Fine as additional penalty. In addition to other penalties and in lieu of any civil remedy, conviction under ORS 474.035 through ORS 474.065 and ORS 474.085, shall be punishable by a fine which the court shall determine will deprive an offender of any profits from any criminal activity.
474.145 Cannabis research exceptions, authority and waivers. For the purpose of medical or scientific research generally recognized by the medical and scientific communities as important to human health and well-being, the Oregon Health Division shall have authority to grant waivers along with audit authority over the amounts of cannabis or cannabis plants which may be needed to conduct approved studies.
474.155 Cannabis-hemp exception, authority. Cannabis grown, stored, produced or distributed on a large-scale under legal contract intended for non-psycho-active by-products such as but not limited to, fiber and hurds from the stalks, meal and oil from the seeds, soil reclamation, bio- mass, etc., shall be excepted from the provisions contained in this Act which relate only to "cannabis." The Oregon Department of Agriculture shall have administrative authority to help establish hemp, so as to best benefit Oregon farmers, the economy and the environment.
474.165 Attorney General's duties. The Attorney General shall vigorously defend this Act from any attempt to nullify or otherwise modify it.
474.175 Effect. This Act shall take effect on January 1, 2003.
474.185 Severability. Any section of this Act being held invalid shall not affect the application of any other section. If any law or entity of any type whatsoever is held to impede this chapter's full effect, unimpeded provisions shall remain in effect and the impeded provisions shall regain effect, upon the impediments removal.