Political
coincidences are uncommon. Political accidents are even more exceptional. The seemingly
piecemeal progression toward the legalization of marijuana in Oregon and other
states has been well-planned and orchestrated, and could not be described as
either an accident or a coincidence. It has also, unfortunately, lead to
unintended consequences for residents of the states who have opted to be first
in line to be a testing ground for these new policies.
The
efforts to legalize marijuana in Oregon have generally corresponded with the
timeline for doing the same in Colorado. For the most part, the same
organizations have implemented similar methodology to successfully advance
legalization of pot in both states, as well as Washington.
In
Colorado, the use of medical marijuana was made legal in 2000, medical
marijuana dispensaries were established in 2009 and the recreational use of
marijuana was legalized, by initiative petition, in 2012.
Oregon
has been led down a similar pathway. Most recently, through initiative
petition, our state legalized the adult use of recreational marijuana last
November.
When
Colorado first considered legalization, proponents of recreational marijuana
made several claims to bolster their case. They said, among other things, that
traffic fatalities would be reduced because users would switch from alcohol to marijuana,
and that the drug does not impair driving to the same degree. It was also stated that the implementation of tight
regulations would prevent an increase in use, and especially among the youth.
However,
a recent report by the Rocky
Mountain High-Intensity Drug Trafficking Area proves many of the claims made by
legalization proponents to be absolutely false. It provides a much clearer look
at the ways in which marijuana-related activities are adversely affecting the
people of Colorado. The report could also easily be a harbinger of Oregon’s
future under current marijuana laws.
Marijuana-related
traffic deaths doubled in Colorado, from 47 to 94 per year, between 2009 and
2014.
Colorado’s
marijuana-related Emergency Room calls have increased since 2009 by more than
10,000 per year. Emergency room visits have more than doubled, from about 8,000
to more than 18,000. Moreover, the State’s marijuana-related hospitalizations
have nearly tripled since 2009.
The annual
cost of that increase in hospitalizations, from about 4,400 to nearly 11,500
per year, certainly must exceed $50 million.
Many
promoters of the marijuana culture promise significant new state and local
revenue from taxes levied as a result of legalization. Marijuana related tax
revenue in Colorado have been disappointing. “Marijuana taxes” have raised only
about seven tenths of one percent (.007) of state revenue.
Self-reported
use of marijuana among Colorado children between 12 and 17 years of age is now more
than 50 percent higher than the national average. Marijuana-related school
expulsions have increased more than 50 percent since 2009. Last year, more than
5,000 Colorado K-12 students were expelled for the use or distribution of
marijuana.
The
Report also describes a burgeoning interstate and international market for
Colorado-grown pot. As previously stated, growing, possessing, packaging,
distributing or selling marijuana is a felony under current federal law.
All
of these negative outcomes reported in Colorado have occurred in a state where
three-fourths of local jurisdictions have enacted outright bans on marijuana. The
report states the sale of marijuana for recreational use, and marijuana medical
dispensaries, are banned by law or ordinance in 228 of 371 Colorado
jurisdictions. The remaining 93 jurisdictions allow either medical marijuana
dispensaries, the recreational sale of marijuana, or both.
The
current leaders of our federal government have chosen to turn a blind eye
towards the enforcement of most federal laws relating to marijuana. The
President and his Department of Justice (DOJ) have declined to prosecute when
the illegal activities occur within the boundaries of a state where marijuana
is legal under state law. The policy of non-enforcement creates confusion and
uncertainty with regards to how state and federal laws intersect and operate.
However,
DOJ has promised to strictly enforce the laws regarding distribution or sales
of marijuana to minors, and regarding the interstate transportation or sale of
the drug. Under federal law, providing marijuana to a minor is a felony,
regardless of whether the minor possesses a medical marijuana card. Transporting
marijuana across a state line, for any purpose, is also a federal felony.
There
are other contradictions between federal and state marijuana laws that remain
unresolved.
Marijuana
is still considered a Class I illegal substance under federal law. So is the
writing of a prescription for marijuana use, for any purpose. Nevertheless,
Oregon physicians have written authorizations for more than 70,000 medical
marijuana cards.
Records
show that nearly four out of every five medical marijuana cards are issued for
the relief of unspecified chronic pain. The records further show that about 23
Oregon physicians are responsible for issuing approximately 70 percent of all
medical marijuana cards.
It
is our understanding the average cost for a brief medical exam to recommend
medical marijuana runs between $300 and $350. Using those figures, a few Oregon
physicians would have earned as much as $21 million authorizing medical
marijuana cards. Our state laws actually encourage profiteering by physicians
who are willing to ignore federal law.
Federal
laws also prohibits banking transactions related to marijuana trade. The
federal ban results in unregulated and untraceable cash drug deals. Further, it
is unclear how a state or local jurisdiction could effectively collect taxes
levied on the marijuana trade without running afoul of the federal ban on marijuana
related transactions by federally chartered banks.
An
abundance of marijuana can be grown by a medical marijuana card holder, or by a
third party authorized to grow for the card holder. Under current Oregon law, a
third party may not make a profit through growing and distributing medical
marijuana to card holders. Further, the medical marijuana cannot be sold or
distributed to anyone other than the holder of a medical marijuana card.
This
mandated non-profit industry still somehow managed to fund the services of
around 23 high-priced lobbyists to advocate for marijuana sales during the
recently concluded 2015 Oregon Legislative Assembly.
Current
state records are woefully incomplete regarding just how much pot is being
legally grown in Oregon as medical marijuana. Notwithstanding the deficient and
inadequate records, we do know that all of the medical marijuana card holders
in Oregon could not use all of the medical pot that we do know is being legally
grown in the state. They could not possibly use 20 percent of the legal pot,
even if they remained stoned 24 hours a day, seven days a week.
Further,
we are unable to document the destruction of any of the remaining 80 percent
that we know is being grown. What is happening to that 80 percent? We know it
is being grown, but it is not and cannot be used legally.
The
better questions are how much medical marijuana is actually being grown in
Oregon and what is being done with it.
It
should be no surprise that the quality of “Oregon Bud” is widely known. Like
Colorado pot, it is already in great demand across the nation and beyond.
Over
the past few years, we have witnessed firsthand the unintended consequences of
this piecemeal approach to the legalization of marijuana. Our state has been at
the forefront of the issue instead of letting other states lead the way. Rather
than learning from their mistakes, we are serving as a test laboratory for
different policies and regulations surrounding this new enterprise.
The
terms “accident” and “coincidence” cannot be properly used to describe a set of
circumstances that was so deliberately orchestrated. Prior to the passage of
ballot Measure 91 in the November
2014 general election, voters were presented with a variety of marijuana-related
measures during multiple elections. Each successive ballot measure was aimed at
slowly wearing down resistance and building support for outright legalization.
Proponents
of marijuana legalization have succeeded in Oregon, Colorado and Washington. A
number of other states appear to be on the pathway to voting on similar
measures within the next few years.
Perhaps
their voters will be wise enough to learn from the mistakes made by Oregon,
Colorado and Washington and change course while they still can.
Please remember--if we do not stand up for rural Oregon, no one will.
Best Regards, Doug
Senate District 28
Email: Sen.DougWhitsett@state.or.us I Phone: 503-986-1728 Address: 900 Court St NE, S-311, Salem, OR 97301 Website: http://www.oregonlegislature.gov/whitsett
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