Maggie Hannon |
On Nov. 4, Oregonians will vote on Ballot Measure 91, an initiative to legalize marijuana for recreational use. The “Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act” would legalize the use of marijuana for adults over the age of 21 in Oregon, and would place the responsibility of the regulation of sale on the Oregon Liquor Control Commission (OLCC).
The Law
The legalization of marijuana has been on the Oregon ballot before. In 2012, the “Oregon Cannabis Tax Act” was defeated by a margin of 53-47 percent. In the same year, marijuana legalization passed in Washington and Colorado, the first U.S. states where recreational marijuana use is legal.
With legalization in other states, political science professor Gary Malecha said the issue will remain persistent.
“I suspect it’s probably going to be an issue that’s going to keep coming back,” Malecha said. “The minute you get a couple of states that start to adopt it, then I think that other states are going to start to take a look at it as a possibility.”
Currently, medical marijuana is legal in the state of Oregon, but Ballot Measure 91 says adults over the age of 21 could possess up to eight ounces of dried marijuana, and four plants for recreational use at a time.
The law also lays out a system for taxing marijuana sales. The bill includes a $35 per ounce tax on marijuana flowers, a $10 per ounce tax on marijuana leaves and a $5 tax per immature marijuana plant.
After the OLCC takes out sufficient funds for administrative costs from the program, any additional tax dollars will be distributed as follows: 40 percent of the tax money will go to the Common School Fund, 20 percent would go to the Mental Health Alcoholism and Drug Services Account, 15 percent would go to the State Police Account, 20 percent would go to local law enforcement agencies and 5 percent would be transferred to the Oregon Health Authority for alcohol and drug abuse prevention, early intervention and treatment services.
Proponents vs. Opponents
A SurveyUSA poll commissioned for KATU-TV of more than 500 people Sept. 22 found 44 percent were in favor of the proposed legalization of marijuana while 40 percent opposed the legislation and 16 percent of those polled were unsure.
“Right now, it looks really tight in terms of its passing,” Malecha said. “It’s really receiving only majority in the category of people from 18-35, and one of the things that we know when it comes to voting, is that that seems to be a category of voters that does not necessarily turnout in elections.”
Opponents of the bill include the Oregon State Sheriff Associations, the Oregon District Attorneys Association and Lines for Life, which is a non-profit suicide and drug abuse hotline. These groups argue that the increase in adult usage of marijuana will lead to an increase in marijuana use by minors.
Opponents are also concerned that marijuana infused edibles like gummy bears, cookies or other sweets will increase marijuana use by minors.
The opposition argues that marijuana is a dangerous substance and should not be encouraged in Oregon because we don’t know what the effects of regular marijuana use could be. The legalization of marijuana for recreational purposes may lead to more criminal behavior such as increased cases of driving under the influence.
To opponents, this is especially problematic because it is more difficult to test for intoxication in drivers under the influence of marijuana than it is with alcohol. Opponents believe that if this law passes it may lead to a lot of unanticipated consequences
U.S. Congressman Earl Blumenauer, City Club of Portland, the Democratic Party of Oregon and The Oregonian editorial board support the law. These proponents argue that the legalization of marijuana will generate revenue for the state through taxes towards programs involving education, law enforcement and health.
Supporters of the law also argue that the decriminalization of marijuana will decrease the burden placed on police officers in the state. Although the possession of small amounts (less than one ounce) has already been decriminalized, the proposed law would allow a person to have up to eight ounces.
Proponents believe that marijuana is no more harmful than alcohol or tobacco and say that since medical marijuana has been legal in Oregon since 1998, and it has not been difficult for residents who want the drug to get legal access to it, that Measure 91 would allow adults an easier method to getting the drug.
How does this affect UP?
Because UP receives funding from the federal government, and marijuana is still classified as an illegal substance at the federal level, it is very unlikely that students will be allowed to use marijuana on campus even if Ballot Measure 91 passes.
The current policy outlined in the student handbook says that “the possession, use, sale, distribution, or manufacture of marijuana (regardless of whether the student possesses a prescription for medical use) ... is strictly prohibited.” Students who violate this ban on marijuana may face heavy consequences, “including but not limited to suspension or dismissal.”
Although the proposed law would allow people over the age of 21 to use marijuana, even students who are 21 and live off campus would be subject to the rules of the University, which have strict penalties for marijuana use.
If the law passes in Oregon, though, ASUP Senator Anthony Montoya says he will work to change the disciplinary policy for students caught with marijuana.
“I’d like to see the University move more in the direction that we’ve taken with alcohol,” Montoya said. “We’ve had what I believe to be a very successful policy of having pastoral conversations, where instead of judging immediately, we take a step back through Residence Life.”
Residence Life has not had a formal discussion on the topic yet, but Director of Residence Life Chris Haug questioned whether there should be a place for marijuana at a college like the University of Portland. Even if the marijuana legalization bill passes in Oregon, Haug said there is unlikely to be a change in policy.
“It’s important to remember that at the University of Portland, we don’t use the law as the threshold for behavior. We have a much higher standard for student behavior and what our community engages in,” Haug said. “And with that higher standard, I think it would be probably a far stretch to think that we would take a different approach to marijuana even if the state makes it legal.”
Maggie Hannon is a reporter for The Beacon. She can be reached at hannon15@up.edu.
