Transcript Ballot Measure 91 - League of Oregon Cities

Ballot Measure 91
Recreational Marijuana
Lauren Sommers
Local Government Law Group
[email protected]
541-485-5151
Control, Regulation, and Taxation of
Marijuana and Industrial Hemp Act
Limitations
Measure 91 does not:

Amend or affect state or federal employment law;

Amend or affect state or federal landlord-tenant law;

Prohibit a federal grant recipient or party to a federal contract from
prohibiting the manufacture, use, delivery or possession of marijuana
to the extent necessary to satisfy conditions of the grant or contract;

Require violations of federal law;

Create an exemption from federal law; or

Amend or affect the Oregon Medical Marijuana Act.
Exemptions

Homegrown marijuana (not to
exceed 4 plants and 8 oz of useable
marijuana at any given time).

Homemade marijuana products (not
to exceed 16 oz in solid form and 72
oz in liquid form at a given time).

Delivery of not more than one ounce
of homegrown marijuana, not more
than 16 oz solid homemade
marijuana products and 72 oz liquid
homemade marijuana products at a
given time by a person over 21 to
another person over 21 for
noncommercial purposes.
Only those over 21 may possess or
consume recreational marijuana.
Recreational restrictions do not apply to
medical card holders. The Oregon
Health Authority retains jurisdiction
over medical dispensaries.
OLCC to Regulate Recreational
Marijuana

OLCC rules due on or before
January 1, 2016.

OLCC to accept license
applications on or before January
4, 2016.

No licensure of mobile premises
(no pot trucks).
Types of Licenses
Producer License
(Growers)
 Processor License
 Wholesale License
 Retail License

An individual or entity can hold one or
more of these licenses. Licenses are
issued for one year.
Tax

$35 per ounce on flowers

$10 per ounce on leaves

$5 per immature plant

The tax is only imposed on the marijuana producers at the
time of the first sale by the producer.

The tax will increase each year by an adjusted cost of
living index.
State has the exclusive
right to tax
Section 42: No county or city of
this state shall impose any fee or
tax, including occupation taxes,
privilege taxes and inspection fees,
in connection with the purchase,
sale, production, processing,
transportation, and delivery of
marijuana items.
Tax Breakdown
Common School
Fund
Common School Fund –
40%
Mental Health, Alcoholism
and Drug Services Account
– 20%
Mental Health,
Alcoholism and
Drug Services
State Police
Cities
State Police – 15%
Cities – 10%
Counties – 10%
Oregon Health Authority
for Alcohol and Drug Abuse
Prevention Programs – 5%
Counties
Oregon Health
Authority Alcohol
and Drug Abuse
Prevention
City Revenue Sharing

Before July 1, 2017


Revenue dedicated to cities will be distributed proportionally by
population
After July 1, 2017

50% of revenue dedicated to cities will be distributed
proportionally based on the number of producer, processor and
wholesaler licenses in the city

50% of revenue dedicated to cities will be distributed
proportionally based on the number of retail licenses in the city
Prohibitions

No use of marijuana in a public place

No homegrown marijuana in public view

No homemade extracts

No import/export out of state

No provision of marijuana to a visibly intoxicated person

No possession of marijuana in a correctional facility

No marijuana as a prize
Marijuana Laws Supersede and
Repeal Inconsistent Charters
and Ordinances
Sections 3 to 70 of this Act, designed to
operate uniformly throughout the
state, shall be paramount and superior
to and shall fully replace and supersede
any and all municipal charter
enactments or local ordinances
inconsistent with it. Such charters and
ordinances are hereby repealed.
City Regulations
Cities may adopt reasonable time, place, and manner
regulations of the nuisance aspects of establishments that
sell marijuana to consumers if the city makes specific
findings that the establishment would cause adverse effects
to occur.
The authority to impose regulations is in addition to
authority granted to cities under state statutes, the Oregon
Constitution and the city’s charter.
Local Option
Citizens may file an initiative
petition to prohibit licensed
premises in the City.
A yes vote would not prohibit
the possession of marijuana for
personal use in the city.