Oregon Cannabis Tax Act
Encyclopedia
The Oregon Cannabis Tax Act (OCTA, Initiative-73, or the Oregon Marijuana Tolerance Initiative) is a proposed initiative for the November 2010 Oregon
state general election
that would permit personal marijuana
and hemp
cultivation or use without a license and create a commission to regulate the sale of commercial marijuana. The act would also set aside two percent of profits from cannabis sales to promote industrial hemp, biodiesel
, fiber
, protein and oil
.
for ballot inclusion. On the dead line of July 2, the initiative had fallen well short of the requisite amount of votes and would not be included on the November ballot.
, versions of which have been discussed since 2001.
After the Obama administration relaxed federal enforcement of marijuana laws in March 2010, a restaurant and marijuana dispensary called Cannabis Cafe
opened in Northeast Portland, Oregon
. This opening was representative of the trend in wider tolerance of marijuana use that was part of the motivation for the filing of the OCTA initiative at the time.
Permits personal marijuana, hemp cultivation/use without license; commission to regulate commercial marijuana cultivation/sale
Result of "Yes" Vote: "Yes" vote permits state-licensed marijuana (cannabis) cultivation/sale to adults through state stores; permits unlicensed adult personal cultivation/use; prohibits restrictions on hemp (defined).
Result of a "No" Vote: "No" vote retains existing civil and criminal laws prohibiting cultivation, possession and delivery of marijuana; retains current statues that permit regulated use of medical marijuana.
Summary
Summary: Currently, marijuana cultivation, possession and delivery are prohibited; regulated medical marijuana use permitted. Measure replaces state, local marijuana laws except medical marijuana and driving under the influence laws; distinguishes "hemp" from "marijuana"; prohibits regulation of hemp. Creates agency to license marijuana cultivation by qualified persons and to purchase entire crop. Agency sells marijuana at cost to pharmacies, medical research facilities, and to qualified adults for profit through state stores. Ninety percent of net proceeds goes to state general fund, remainder to drug education, treatment, hemp promotion. Bans sales to, possession by minors. Bans public consumption except where signs permit, minors barred. Agency to regulate use, set prices, other duties; Attorney General to defend against federal challenges/prosecution. Provides penalties. Effective January 1, 2011; other provisions.
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
state general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
that would permit personal marijuana
Cannabis (drug)
Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...
and hemp
Hemp
Hemp is mostly used as a name for low tetrahydrocannabinol strains of the plant Cannabis sativa, of fiber and/or oilseed varieties. In modern times, hemp has been used for industrial purposes including paper, textiles, biodegradable plastics, construction, health food and fuel with modest...
cultivation or use without a license and create a commission to regulate the sale of commercial marijuana. The act would also set aside two percent of profits from cannabis sales to promote industrial hemp, biodiesel
Biodiesel
Biodiesel refers to a vegetable oil- or animal fat-based diesel fuel consisting of long-chain alkyl esters. Biodiesel is typically made by chemically reacting lipids with an alcohol....
, fiber
Natural fiber
Fibers or fibres are a class of hair-like materials that are continuous filaments or are in discrete elongated pieces, similar to pieces of thread. They can be spun into filaments, thread, or rope. They can be used as a component of composite materials. They can also be matted into sheets to...
, protein and oil
Hemp oil
Hempseed oil is pressed from the seed of the hemp plant irrespective of the strain of cannabis. Cold pressed, unrefined hemp oil is dark to clear light green in color, with a pleasant nutty flavor. The darker the color, the grassier the flavour....
.
Status of initiative
OCTA organizers have stated a goal of collecting 125,000 signatures of registered Oregon state voters before submitting a request to the Secretary of StateOregon Secretary of State
The Secretary of State of Oregon, an elected constitutional officer within the executive branch of government of the U.S. state of Oregon, is first in line of succession to the Governor. The duties of office are: auditor of public accounts, chief elections officer, and administrator of public...
for ballot inclusion. On the dead line of July 2, the initiative had fallen well short of the requisite amount of votes and would not be included on the November ballot.
History
Nationally in the United States, laws related to relaxing penalties related to marijuana have been discussed but not passed. Notable among these is the federal Medical Marijuana Patient Protection Act of 2008Medical Marijuana Patient Protection Act of 2008
The Medical Marijuana Patient Protection Act of 2008, also known as , was a bill repeatedly introduced in the United States House of Representatives since 2001, most recently on April 17, 2008, by Ron Paul, M.D. , Barney Frank , Dana Rohrabacher , Maurice Hinchey , and Sam Farr...
, versions of which have been discussed since 2001.
After the Obama administration relaxed federal enforcement of marijuana laws in March 2010, a restaurant and marijuana dispensary called Cannabis Cafe
Cannabis Cafe
The Cannabis Cafe is a private club in Portland, Oregon that serves coffee, and Oregon NORML cardholder meetings. The club also provides customers with medical marijuana...
opened in Northeast Portland, Oregon
Portland, Oregon
Portland is a city located in the Pacific Northwest, near the confluence of the Willamette and Columbia rivers in the U.S. state of Oregon. As of the 2010 Census, it had a population of 583,776, making it the 29th most populous city in the United States...
. This opening was representative of the trend in wider tolerance of marijuana use that was part of the motivation for the filing of the OCTA initiative at the time.
Text of initiative
The certified ballot title is as follows:Permits personal marijuana, hemp cultivation/use without license; commission to regulate commercial marijuana cultivation/sale
Result of "Yes" Vote: "Yes" vote permits state-licensed marijuana (cannabis) cultivation/sale to adults through state stores; permits unlicensed adult personal cultivation/use; prohibits restrictions on hemp (defined).
Result of a "No" Vote: "No" vote retains existing civil and criminal laws prohibiting cultivation, possession and delivery of marijuana; retains current statues that permit regulated use of medical marijuana.
Summary
Summary: Currently, marijuana cultivation, possession and delivery are prohibited; regulated medical marijuana use permitted. Measure replaces state, local marijuana laws except medical marijuana and driving under the influence laws; distinguishes "hemp" from "marijuana"; prohibits regulation of hemp. Creates agency to license marijuana cultivation by qualified persons and to purchase entire crop. Agency sells marijuana at cost to pharmacies, medical research facilities, and to qualified adults for profit through state stores. Ninety percent of net proceeds goes to state general fund, remainder to drug education, treatment, hemp promotion. Bans sales to, possession by minors. Bans public consumption except where signs permit, minors barred. Agency to regulate use, set prices, other duties; Attorney General to defend against federal challenges/prosecution. Provides penalties. Effective January 1, 2011; other provisions.
In support of passing the measure
- Pacific Green PartyPacific Green PartyThe Pacific Green Party of Oregon is a political party in the U.S. state of Oregon. It is a member of the Green Party of the United States.The party first gained widespread public attention during Ralph Nader's presidential campaign in 2000....
- Oregon NORML
In opposition of passing the measure
- John KitzhaberJohn KitzhaberJohn Albert Kitzhaber is the 37th Governor of Oregon. He served as the 35th Governor of Oregon from 1995 to 2003 and became the first person to be elected to the office three times when he was re-elected to a non-consecutive third term in 2010...
, former two term DemocraticDemocratic Party (United States)The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
Governor of Oregon and 2010 gubernatorial candidateOregon gubernatorial election, 2010The Oregon gubernatorial election of 2010 was held on Tuesday, to elect the Governor of Oregon, who will serve a four-year term to begin on . The incumbent governor, Democrat Ted Kulongoski, was ineligible to run due to term limits barring him from being elected to more than two consecutive...
See also
- Cannabis in OregonCannabis in OregonCannabis in Oregon relates to a number of legislative, legal, and cultural events surrounding use of cannabis Oregon was the first U.S. state to decriminalize the possession of small amounts of cannabis, and among the first to authorize its use for medical purposes...
- Controlled substances in OregonControlled substances in OregonThe U.S. state of Oregon has various policies restricting the production, sale, and use of different substances. In 2006, Oregon's per capita drug use exceeded the national average...
- Decriminalization of non-medical cannabis in the United States
- Washington Initiative 1068 (2010)Washington Initiative 1068 (2010)Initiative 1068 was a proposed initiative for the November 2010 Washington state general election that would remove criminal penalties from the adult use, possession, and cultivation of marijuana in Washington. The group Sensible Washington is the official sponsor of the initiative...
- Regulate, Control and Tax Cannabis Act of 2010 (similar California initiative)