A quarter ounce (left) and one ounce of marijuana are pictured along with a handful of joints at a dispensary in Denver. The Oregon House on Saturday passed a bill legalizing medical marijuana retail establishments. (The Associated Press)
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on July 06, 2013 at 4:10 PM, updated July 06, 2013 at 5:01 PM
The Oregon House on Saturday passed a bill legalizing medical marijuana retail establishments, moving what has been a booming but legally hazy industry squarely into the mainstream and handing medical marijuana advocates a major victory.
House Bill 3460, now headed to Gov. John Kitzhaber’s desk, creates a registry of businesses that sell the medical marijuana. Patients have long sought retail access to cannabis, arguing the state’s rules — grow your own marijuana or have someone do it for you — are unrealistic.
Legislative approval comes a year after an investigation by The Oregonian showed that scant state regulation of medical marijuana allowed widespread diversion to the black market.
House Bill 3460, now headed to Gov. John Kitzhaber’s desk, creates a registry of businesses that sell the medical marijuana. Patients have long sought retail access to cannabis, arguing the state’s rules — grow your own marijuana or have someone do it for you — are unrealistic.
Legislative approval comes a year after an investigation by The Oregonian showed that scant state regulation of medical marijuana allowed widespread diversion to the black market.
The vote means Oregon joins a dozen other states that allow medical marijuana dispensaries or retail outlets.
Oregon voters have twice defeated ballot initiatives creating a regulated dispensary system, but that hasn’t deterred the state’s medical marijuana industry. Multnomah County law enforcement has largely looked the other way when it comes to these establishments, but police in other counties, such as Jackson, Washington and Malheur have cracked down on the sale of medical marijuana out of retail storefronts.
Details about how the registry will work need to be worked out by the Oregon Health Authority, but here’s a quick rundown of what the passage of HB 3460 means for Oregon:
Q: Does the new law mean existing medical marijuana storefronts are now state-sanctioned?
A: Not yet. The Oregon Health Authority, which oversees the state’s medical marijuanaprogram, has until March 2014 to draft rules on security, marijuana testing and other issues. Initially, the bill included a provision potentially limiting criminal liability for existing medical marijuana clubs and collectives. Oregon prosecutors successfully lobbied to strip that protection from the bill.
Q: How much will it cost to buy marijuana in one of these facilities?
A: Operators can set their own prices. The price may reflect the costs of “doing business, including costs related to transferring, handling, security, insuring, testing, packaging and processing usable marijuana and immature marijuana plants and the cost of supplies, utilities, rent or mortgage.”
Q: Will medical marijuana producers be paid?
A: Yes. Operators of a medical marijuana facility may reimburse state-registered cannabis growers for the same expenses listed above.
Q: Can anyone operate a medical marijuana facility?
A: The person responsible for the facility must be an Oregon resident. People convicted of felony manufacturing or delivery of a controlled substance are prohibited.
Q: Are these establishments subject to inspection?
A: The law allows the Oregon Health Authority to perform inspections “at any reasonable time.”
Q: What information will police have about these establishments?
A: Law enforcement may verify whether a facility is registered with the state.
Oregon voters have twice defeated ballot initiatives creating a regulated dispensary system, but that hasn’t deterred the state’s medical marijuana industry. Multnomah County law enforcement has largely looked the other way when it comes to these establishments, but police in other counties, such as Jackson, Washington and Malheur have cracked down on the sale of medical marijuana out of retail storefronts.
Details about how the registry will work need to be worked out by the Oregon Health Authority, but here’s a quick rundown of what the passage of HB 3460 means for Oregon:
Q: Does the new law mean existing medical marijuana storefronts are now state-sanctioned?
A: Not yet. The Oregon Health Authority, which oversees the state’s medical marijuanaprogram, has until March 2014 to draft rules on security, marijuana testing and other issues. Initially, the bill included a provision potentially limiting criminal liability for existing medical marijuana clubs and collectives. Oregon prosecutors successfully lobbied to strip that protection from the bill.
Q: How much will it cost to buy marijuana in one of these facilities?
A: Operators can set their own prices. The price may reflect the costs of “doing business, including costs related to transferring, handling, security, insuring, testing, packaging and processing usable marijuana and immature marijuana plants and the cost of supplies, utilities, rent or mortgage.”
Q: Will medical marijuana producers be paid?
A: Yes. Operators of a medical marijuana facility may reimburse state-registered cannabis growers for the same expenses listed above.
Q: Can anyone operate a medical marijuana facility?
A: The person responsible for the facility must be an Oregon resident. People convicted of felony manufacturing or delivery of a controlled substance are prohibited.
Q: Are these establishments subject to inspection?
A: The law allows the Oregon Health Authority to perform inspections “at any reasonable time.”
Q: What information will police have about these establishments?
A: Law enforcement may verify whether a facility is registered with the state.
Q: Will producers of marijuana-infused brownies, cookies, candies and other edibles be required to register with the state?
A: The law does not address makers of marijuana-infused products.
Q: How much will registration cost?
A: The Oregon Health Authority expects to charge each establishment $4,000 a year.
Q: What does the law mean for the Oregon Medical Marijuana Program?
A: More staff and more work. The Legislative Fiscal Office expects the registry system will require hiring four employees, including two who will inspect establishments for compliance with zoning and other requirements.
Q: How will this new registry be funded?
A: State officials expect registration fees will generate $900,000 in the first two years, covering the cost of staff and other expenses.
Q: Can anyone walk into one of these medical marijuana establishments and buy cannabis?
A: No. Only Oregon medical marijuana patients are allowed. Recreational marijuana use is not legal in the state.
Q: Now that medical marijuana dispensaries, collectives and other outlets are legal in Oregon, does that mean they can open anywhere?
A: The law restricts facilities from operating within 1,000 feet of a school or 1,000 feet of another facility. They may only operate in farm or commercial zones but can’t be in the same location as a medical marijuana grow site. The League of Oregon Cities, which endorsed the bill, noted it doesn’t block municipalities from adopting their own ordinances on medical marijuana outlets. Q: How many outlets will operate under the new law?
A: Officials expect to register about 225 outlets in the first two years.
Q: What about the quality of marijuana sold in retail outlets? Will the product be tested?
A: Yes. The new law requires medical marijuana sold by one of these state-licensed outlets be tested for mold, mildew and pesticides. The law doesn’t address rules for facilities that perform such testing, themselves a cottage industry in Oregon.
-- Noelle Crombie
A: The law does not address makers of marijuana-infused products.
Q: How much will registration cost?
A: The Oregon Health Authority expects to charge each establishment $4,000 a year.
Q: What does the law mean for the Oregon Medical Marijuana Program?
A: More staff and more work. The Legislative Fiscal Office expects the registry system will require hiring four employees, including two who will inspect establishments for compliance with zoning and other requirements.
Q: How will this new registry be funded?
A: State officials expect registration fees will generate $900,000 in the first two years, covering the cost of staff and other expenses.
Q: Can anyone walk into one of these medical marijuana establishments and buy cannabis?
A: No. Only Oregon medical marijuana patients are allowed. Recreational marijuana use is not legal in the state.
Q: Now that medical marijuana dispensaries, collectives and other outlets are legal in Oregon, does that mean they can open anywhere?
A: The law restricts facilities from operating within 1,000 feet of a school or 1,000 feet of another facility. They may only operate in farm or commercial zones but can’t be in the same location as a medical marijuana grow site. The League of Oregon Cities, which endorsed the bill, noted it doesn’t block municipalities from adopting their own ordinances on medical marijuana outlets. Q: How many outlets will operate under the new law?
A: Officials expect to register about 225 outlets in the first two years.
Q: What about the quality of marijuana sold in retail outlets? Will the product be tested?
A: Yes. The new law requires medical marijuana sold by one of these state-licensed outlets be tested for mold, mildew and pesticides. The law doesn’t address rules for facilities that perform such testing, themselves a cottage industry in Oregon.
-- Noelle Crombie
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