This Week in the Mercury


Friday, October 22, 2010

Why We Say Vote No on Measure 74 (And Why the Campaign Says Vote Yes)

Posted by Sarah Mirk on Fri, Oct 22, 2010 at 4:44 PM

Our painfully researched endorsements and voting cheat sheet are out in the paper this week, after hours and hours spent in a windowless room talking with political candidates and measure campaigners.

By far the most controversial stance we take is saying to vote no on Measure 74, the new law that would allow medical marijuana dispensaries to set up in Oregon. That's no surprise, because pot advocacy is something that inspires serious passion in a lot of Oregonians and we were personally really on the fence about this measure for a while, waffling between voting yes and no.

The issue that tipped the nearly equal scales to "no" is regulation.

There's not a lot of things that we're in favor of the government regulating (see: strip clubs, trans fats) but medicine is definitely one of them. Oregon needs a way to distribute medical marijuana to patients who need it. But when we establish a distribution system, we need to do it right. Oregon needs a distribution and regulatory system that treats marijuana just as seriously as any other medicine.

Read on for more of our rationale—and also to see a rebuttal letter sent by one of the measure's co-authors!

Measure 74 doesn't spell out exactly how the new dispensary system would be regulated Instead, it relies on the word "may," and places the task of devising regulations for all the new dispensaries on the shoulders of the Oregon Health Authority.

This is the state agency that regulates existing medications, but it's not equipped to handle the avalanche of regulatory process that a statewide medical marijuana dispensary system would create. To do its job properly, it would need inspectors monitoring every dispensary in the state. Otherwise we'll wind up with a system like Colorado's, which nearly everyone describes as having "little oversight."

Creating an entirely new bureaucracy to handle pot inspections (one that will get conflicting guidance from state and federal laws) will cost serious money. But this measure only gives permission to regulators to build a testing regimen, and it also leaves it up to as-yet-unwritten state regulations to decide how much revenue will fund it.

But let's say the Oregon Health Plan was able to transition, hire a bunch of staff, and regulate medical marijuana distributors like the OLCC does with alcohol. The OLCC's budget is $42.7 million a year, with just the regulation and admin arms totaling $33.2 million. Although the state says the measure could bring in as much as $20 million in its first year, the state also says it could net as little as $400,000. That's a significant swing for a measure that's supposed to cover the cost of its own regulation, and it hammers home the notion that economic projections are just that: projections. They could exceed expectations, or just fall short.

And if regulation and distribution of medical marijuana looks anything like the regulation and distribution of alcohol in Oregon, that means the state's general fund could end up paying the tab or the regulatory infrastructure could be patchy and underfunded. Or, in addition, so few dispensaries would be allowed to open that there would hardly be any change.

The M74 campaign says this is the "best option on the table" right now for providing access to medical marijuana for needy patients. But we don't think it's good enough. We should learn from states that have been pioneers of dispensaries—like California and Colorado—and do ours better. That means either figuring out a better-funded regulatory system (which might mean a sales tax on individual pot sales, not just a tax on dispensaries' hauls) that can make sure all pot is safe and legal, or waiting until marijuana is removed from the federal list of Schedule 1 drugs.

The Measure 74 campaign, of course, feels differently. They sent in this letter responding to the "no" vote—it spells out some of the potential benefits of the dispensaries (namely, jobs jobs jobs!). Read on!

When I tell supporters of Measure 74 that The Portland Mercury did not endorse the measure, the most common response I get is, "What the Hell?"

Most surprising is that the Mercury wants more regulation, when the current law lacks regulation and Measure 74 introduces many common-sense regulations. The regulations imposed by Measure 74 led to the endorsement by former Portland Mayor and Police Chief Tom Potter and retired Oregon Supreme Court Justice Betty Roberts. The Mercury, along with many members of the Oregon media, seems to underestimate the regulatory powers given to the state. The proposal mandates rules and regulations about proper zoning, inspections, record keeping transactions, auditing, criminal background checks and security plans.

Measure 74 establishes a rule-making process that allows all concerned citizens and state agencies to develop regulations needed to ensure that the program protects patients and our communities. Law enforcement officers, physicians, sick and disabled patients and community leaders will be able to effectively craft the regulations put into place. The state will decide what restrictions to impose and may provide local governments the authority to establish more restrictions.

The Mercury also neglected the economic benefits of Measure 74 and incorrectly stated that the best-case scenario for the revenue generated by the measure is $40 million per year. In fact, the $40 million estimate is the projection of the Oregon Health Authority after the fourth year of passage. Certainly the more dispensaries that are licensed, the more money the state rakes in, but the corollary is that the state health agency will not license more dispensaries than it can effectively oversee. The revenue generated will establish a low-income patient assistance program, finance medical research and help fund Oregon health programs.

Most shocking, the Merc didn't mention the jobs Measure 74 creates. Jobs that will go to many of the readers of this weekly—young, able-bodied people with the physical ability to supply medicine to the dispensaries as well as working as the staff necessary to provide safe access to patients.

Measure 74 is a step in the right direction and while it may not be everything desired by the editorial boards of The Mercury or The Oregonian, it is the best option on the table and we shouldn't let the desire for perfection, ruin our opportunity to improve the lives of Oregonians. If you truly support marijuana law reform, legalization or otherwise, you should vote yes on Measure 74.

Anthony Johnson

 

Comments (20) RSS

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1
I just don't think the government has any right to regulate something I can harmlessly grow in my back yard or closet and then consume at my own discretion, be it for medicinal purposes or to simply relax. So, how shall I vote? Does it matter since I don't recognize the law as valid anyway?
Posted by Suburban Porn King on October 22, 2010 at 5:05 PM · Report
2
"There's not a lot of things that we're in favor of the government regulating"

I almost spit up sweettarts after reading that.
Posted by Chuck Garabedian on October 22, 2010 at 5:15 PM · Report
3
I thought I had pick up the Willy Week instead when I read the Merc today.
Posted by Paul Cone on October 22, 2010 at 5:39 PM · Report
4
What I find distasteful about the medical marijuana debate is that it, more often than not, seems to be what pro-pot advocates are pursuing instead of all-out legalization.

I'm in favor of legalizing marijuana, if only because the police, courts, and prisons have better things to do. I don't know how useful marijuana actually is as medicine- there are plenty of legal painkillers and opiates already out there that seem to work dandy- but it seems to be that the primary aim of medical marijuana is not so much to provide people with medicine, but to create a larger social acceptance of the drug.

A much more honest debate to have would just be a straight-up debate on whether pot should be legal or not. That is the ballot measure that really should be in front of us. Oregon would do better to vote on marijuana up or down (like California is doing) than to go through the charade approving it as medicine.

Again, I'm all for legalization. Debating weed as a form of medicine, though, seems like the wrong debate to have.
Posted by The Right Reverend Rocktimus Prime on October 22, 2010 at 6:03 PM · Report
5
Medicinal cannabis just makes ganja weird. What evs, medheads. Regulation is even weirder. Tom Potter?! Legalization is the real no-bullshit answer. I don't believe M74 will pass. I voted yes anyways. I hope it doesn't pass.
Posted by Raptured Randy Savage on October 22, 2010 at 11:12 PM · Report
6
Not sure if the No on 74 is a weak effort at contrarianism or if wonkish zeal has led the Merc to actually believe its own bullshit when it comes to the myth of a "better" regulatory system.
I'm with Joe. Just legalize the shit already.
Posted by billyjak on October 22, 2010 at 11:21 PM · Report
7
DISCLAIMER: I don't smoke pot. I haven't touched the stuff since my nineteenth birthday - August 16, 1977 - which, coincidentally, was the day that Elvis Presley died. I always tell people that Elvis and I quit drugs at the very same time, the only difference being that I did so voluntarily.

Having said that, let me say this:

Nearly three-quarters-of-a-century after it was made illegal; half-a-century after it was proven to be practically harmless - why is it still a crime to possess and smoke marijuana?

Here is a list of ten famous people - heavy smokers all - who died as a result of nicotine abuse:

Humphrey Bogart
Edward R. Murrow
Nat King Cole
George Harrison
John Huston
Noel Coward
Betty Grable
Walt Disney
Gary Cooper
Peter Jennings

Here is another list. Ten famous people who died from alcoholism:

Tennessee Williams
Jack Kerouac
Truman Capote
Lorenz Hart
Veronica Lake
Bix Beiderbecke
Montgomery Clift
Dylan Thomas
John Barrymore
Errol Flynn

Now I'm going to ask you to name for me one celebrity who has died from too much grass.

Go on, I'm waiting.....

You couldn't do it, could you? No, neither could I. Not only have I never heard of anyone dying in that matter, I am not aware of it happening in all recorded human history! Why, in 2010, are we still having this stupid conversation?

Is it a "gateway drug" as they never tire of reminding us? Yeah, it probably is. But so is Pabst Blue Ribbon. Let's get a grip here.

http://www.tomdegan.blogspot.com

Tom Degan
Goshen, NY
Posted by TomDegan on October 23, 2010 at 4:55 AM · Report
8
There are miore than 20 dispensaries operating NOW in Oregon, with no regulation. If Measure 74 doesn't pass, they will continue to work with no regulation. The legislature has refused to touch this issue over and over. It is time to provide safe regulated access to legally produced medical marijuana.
Posted by Stoney Girl on October 23, 2010 at 9:50 AM · Report
9
seriously? is weed still illegal? is it the 1940's? people are smoking this shit on the streets. and the state is broke. just legalize and tax this shit already. it's about as harmful as salt
Posted by ebag on October 24, 2010 at 1:16 AM · Report
10
@Tom Deegan - Ooo, boy, you really got us with that one. Because we haven't all heard it 1,000 times, since we were 8....
Posted by Reymont on October 25, 2010 at 9:18 AM · Report
11
Reymont The Fascist is against legal pot in any form, by the way. It might not kill you, but it's addicting and it kills ambition. Put "I believe" in front of all these comments, of course - anecdotal evidence and heresy only, but until I personally run a double-blind, long term study, what else is there?

I've known a couple of dozen people who like to smoke up and have lost all their ambition, and zero people who haven't.

Posted by Reymont on October 25, 2010 at 9:24 AM · Report
12
Reymont might as well have just said "I do all of my research in my bedroom with the blinds pulled." Absolutely fucking retarded blanket statement and no argument for why the government should be making your decisions for you. I suppose that you have never met an alcoholic.
Posted by dark on October 25, 2010 at 10:18 AM · Report
13
Don't take it from me, folks take it from former Portland Mayor and Police Chief Tom Potter who says, "I do support Measure 74. It regulates medical marijuana."

http://www.youtube.com/watch?v=DGRVpvhuk7c

Posted by Anthony Johnson on October 26, 2010 at 7:43 PM · Report
14
I don't understand M74. I thought there were already medical maryjane dispensaries in Oregon... There's one a few blocks from my house.
Posted by Enigma_Aubrey on October 26, 2010 at 10:50 PM · Report
15
Reymont, I'm gonna tell my roommate to toss the Computer Engineer cert he got today and quit his government job. To stop trying to applying for those private sector large scale computer systems management positions that will increase his pay by up to $30k per year. Even if these companies keep reposting the jobs cause they can't find qualified candidates. I mean seriously, that asshole is ruining your research.
Posted by MortMortyMortMort on October 27, 2010 at 12:11 AM · Report
16
We suspect Merc's decision to oppose Measure 74 is probably personal or financial, since the reasons given make no sense...

One of the other anti-Measure 74 knuckleheads exposed the true motives of those opposing 74 this morning on Portland's "only progressive radio station," allegedly. Thanks goes out to Carl Wolfson for having the courage to point out some of the untruthful claims and misinformation about marijuana disseminated over many years by NIDA and the Partnership for a Drug Free America, which is one of those non-profit multi-million dollar organizations that his guest claimed to be afraid of. Ironically, the anti-marijuana guest's organization is a spin off from the 'Partnership for a Drug Free America which, ironically, was created with money from the alcohol industry and big pharma to specifically target cannabis. Medical marijuana has already had a significant negative effect on the profits of these industries over the last decade, and it's unlikely that this trend will change as more and more Americans will choose to self-medicate with marijuana.

What the guest also didn't explain, but seemed to confirmed by his rhetoric opposing Measure 74, is the question of where the extra medicine is going now? You can assume that some of this black market money is flowing into the pockets of some of these posters, as well as the Merc-

Carl's guest said this morning, theoretically speaking, if he only provides one or two ounces to each of his four patients at $60 for expenses, as he explained, and he can grow six mature plants for each patient, which takes about four months, then what is he doing with the other 60 ounces that he grew - with a street value of about $200,000? (An average indoor plant produces about 12 ounces based on three to four months of additional growth beyond twelve inches which is considered to be an immature plant. Each patient is allowed an additional eighteen immature plants.)

The answer is that the extra medical marijuana grown is being sold on the black market, often to the kids the guest, Kitzhaber, and the Merc claim to want to protect. He says he cares about how much medical marijuana patients pay for their medicine... I suspect he cares mostly about making a living and is paid to promote this sort of anti-marijuana propaganda...like some politicians and the corporate media- Having more growers, who they know are breaking the law by selling the extra medicine, means more business for the DA's and the prison industrial complex. You notice how much sympathy Mirk and Merc have for those (mostly men) who have paid their debt to society and want to work. Maybe Sarah Mirk wants a law that prohibits all male felons, even those who were isolated and abused until they agreed to sign a plea bargain, from ever working again. The only option left under the Mirk Plan is for felons to commit additional crimes to survive.

Why would any rational person not support a system that will significantly remove marijuana from the black market? This means, eventually there would probably be less neighborhood gardens, as more and more patients will choose a safe, consistent source of medicine over a grower who is giving them the "B grade stuff" and selling their extra pot to kids-
More...
Posted by Whistle Blaster on October 27, 2010 at 11:27 AM · Report
17
Let's take an honest look at the truth here. Cannabis is used for the treatment of pain and has been proven to eliminate cancerous tissue.
http://onlinelibrary.wiley.com/doi/10.1002…

What does our current medical system prescribe for pain? codeine, oxycodone, hydrocodone, dihydromorphine, pethidine!! What are these prescriptions you may ask? They are extremely potent isolates of synthetic OPIUM, MORPHINE AND HEROIN!!! http://en.wikipedia.org/wiki/Analgesic#Opi…

Cannabis has been proven to NOT cause lung cancer http://www.washingtonpost.com/wp-dyn/conte… and that abuse or dependence is only correlated with a marginal percentage of the population with a genetic predisposition for those tendencies. In fact, a persons social enviornment nearly accounts for all instances of abuse which is not supprsing to me if for instance family members are alcoholics or rapists. http://ajp.psychiatryonline.org/cgi/conten…

Finally, Let me ask you! Even if marijuana led to high dependency rates. Would you rather your family members be addicted to Opium and Heroin derived pain killers which are proven to be lethal or would you rather them be addicted to a harmless herb?

http://www.usatoday.com/news/health/2009-0…

End this ignorance and fear feeding pharmaceutical lobbyist bullshit and demand your rights!!!

Choose Medical Cannabis!!!! The Safe Choice.
More...
Posted by ClamChowder885 on October 27, 2010 at 1:34 PM · Report
18
This mindless position will hurt real human beings. People are suffering at this very moment and that is not a "good enough" reason for Sarah Mirk and the Mercury? Shame on them.
Posted by Jeremy P on October 29, 2010 at 5:42 PM · Report
19
I am 21 years old and suffer from Progressive relapsing multiple sclerosis. I use marijuana daily to aid in pain releif. Without marijuana, I would be taking MORPHINE or other narcotics 3 times daily. I'm sure it sounds "fine and dandy" for you, but I sure as hell am not going to take medication that is HIGHLY addictive, possible over dose and probable additional symptoms. Without marijuana, I would be in bed. I would be screaming out in pain. Without marijuana I would starve to death. My teeth hurt so painfully it prevents me from chewing food. My disease makes me so nauseated, I tend to vomit the food or can't eat it at all. Guess what? Marijuana has helped signifigently. It reduces inflamation, gives pain releif, increases metabolism and hunger. Now please, tell me that it doesn't help. You don't have MS, so don't judge people for wanting releif from their extremely painful diseases!!!!
STOP HURTING PATIENTS. WE DESERVE A SAFE DRUG.

Guess what also? It makes me smile. It makes my heart beat warmth. It makes me love.
Don't take that away, please.
Posted by Eric Franklin on October 30, 2010 at 11:36 PM · Report
20
I sure do hate the OLCC.

that is all.
Posted by revphil on November 2, 2010 at 11:38 AM · Report

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