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Check out the I-28 related Letters to the Editor, Legislator or Other People of Interest LTEs, the HB 3371 related Letters to the Editor, Legislator or Other People of Interest
Enter a HB 3371 related comment or question in the NotePad. the NotePad, our HB 3371 Bulletin Board

this Section:

Taking the Initiative and Making Legislation yourself Legislation Station; section index
Taking the Initiative and Making Legislation yourself Initiative! process, How To

in Oregon State: Legislative Items past and present


Legislative items from year 2014 2014, Legislative items

   Senate Bill 1531 notes and information Senate Bill 1531, Medical - Specifies that governing body of city or county may prohibit the establishment or regulate or restrict the operation of medical marijuana facilities.
   Senate Bill 1556 notes and information Senate Bill 1556, Legalization - Declares that person 21 years of age or older legally should be able to possess, transfer or produce marijuana.


Legislative items from year 2013 2013, Legislative items

   Senate Bill 82 notes and information Senate Bill 82, to Remove 6-month Drivers License suspension for Cannabis (Marijuana) possession
   Senate Bill 281 notes and information Senate Bill 281, to add PTSD to the OMMP


Legislative items from year 2012 2012, Legislative items

   Legislative Concept 1749 notes and information Legislative Concept 1749, to add PTSD to the OMMP

   Attorney General Race  notes and information Attorney General Race, the Good and the Bad

   Initiative 9 -- Oregon Cannabis Tax Act (OCTA)  notes and information Initiative 9 -- Oregon Cannabis Tax Act (OCTA)

   Initiative 24 -- Oregon Marijuana Policy Intiative (OMPI) notes and information Initiative 24 -- Oregon Marijuana Policy Intiative (OMPI)


Legislative items from year 2011 2011, Legislative items

   House Bill 3664 notes and information HB 3664, the "Sum Of All Fears" bill
   Senate Bill 5529 notes and information SB 5529, Increases OMMP Fees


Legislative items from year 2010 2010, Legislative items

   Initiative 28 notes and information I-28, the Dispensary Initiative continues


Legislative items from year 2009 2009, Legislative items

   Initiative 28 notes and information I-28, the Dispensary Initiative
   Senate Bill 388 notes and information SB 388, changes the Program for Law Enforcement; Decreases amount of marijuana that may be possessed by persons responsible for marijuana grow sites to 24 ounces, etc.
   Senate Bill 426 notes and information SB 426, Expands ability of employer to prohibit use of medical marijuana in workplace
   Senate Bill 427 notes and information SB 427, Relates to drug-free workplace policies; Requires applicant for medical marijuana registry identification card to notify employer before using marijuana, etc.
   House Bill 2313 notes and information HB 2313, a Land Use bill that could effect Dispensarys
   House Bill 2497 notes and information HB 2497, Relating to employment; Expands ability of employer to prohibit use of medical marijuana in workplace
   House Bill 2503 notes and information HB 2503, Relating to medical marijuana in the workplace; Prohibits discrimination in employment under certain circumstances, etc.


Legislative items from year 2007 2007, Legislative items

   House Bill 465 notes and information SB465, a Fire-em-All-and-let-God-sort-out bill


Legislative items from year 2005 2005, Legislative items

   House Bill 1085 notes and information SB1085, needs your attention
   Senate Bill 2693 notes and information HB2693, the "dumb bill gone bad" bill
   Senate Bill 3457 notes and information HB3457, the "Forfeiture" bill
   House Bill 717 notes and information SB717, the anti-Medical Marijuana bill
   House Bill 772 notes and information SB772, the pro-Medical Marijuana bill
   House Bill 2485 notes and information HB2485, the anti-Meth & Marijuana bill
   Senate Bill 294 notes and information SB294, the Hemp bill
   Senate Bill 397 notes and information SB397, Denies Benefits
   Senate Bill 2695 notes and information HB2695, DUI & 2nd-Hand Smoke
   House Bill 717 notes and information HB5077, the "Rob the Sick and Dying Pot-heads" bill

Legislative items from year 2003 2003, Legislative items

   House Bill 2939 notes and information HB2939, a previous bad Medical Marijuana bill

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H.B. 3371

MERCYs' public info on House Bill 3371 as well as any related Issues.
Got a related item? Also Bulletin Board so you, too, can add to the body of knowledge.

[ Also this Session >     HB2052   |   HB2114   |   HB2115   |   HB2204   |   HB2365   |   HB2377   |   HB2409   |   HB2919   |   HB3055   |   HB3140   |   HB3194   |   HB3195   |   HB3228   |   HB3371   |   HB3434   |   HB3460   |   HB3711   |   SB40   |   SB82   |   SB281   |   SB563   |   SB794   |   Session index   ]

  About this page ...

House Bill 3371 Sponsored by Committee on Revenue -- Relating to marijuana (Cannabis) Prohibition.

Summary: HB 3371 -- Relating to the Control, Regulation and Taxation of Cannabis Act; appropriating money; declaring an emergency; providing for revenue raising that requires approval by a three-fifths majority. Provides for regulation of production, processing and sale of marijuana and marijuana-infused products.

You can read the full proposed measure here: HB3371 - and The dash-1 amendment is online now: olis.leg.state.or.us/liz/2013R1/Downloads/ProposedAmendment/876


Status: Had a Hearing, In House Judiciary Committee; voted Do pass with amendments, be printed engrossed and be referred to Revenue by prior reference. Died: In House Committee – Revenue.

House BILL 3371 - filed | 2013 Regular Session. Current Location: In House Committee – Current Committee: Judiciary - Next Hearing Date: TBA

We encourage you to follow the bill here >> olis.leg.state.or.us/liz/2013R1/Measures/Overview/HB3371 << and look forward to seeing how this issue progresses and we hope that you stay in touch as the session continues. See - http://www.leg.state.or.us/13reg/agenda/webagendas.htm - for schedule.   Go to - http://www.leg.state.or.us:8765/query.html?col=1meas13&qt=marijuana&charset=iso-8859-1 - to lookup and see list of Bills this session by keyword.   This link will take you to a very cool part of the website that makes it really easy to find all related info by bill, committee, report, sponsor, etc (and from the main website >> olis.leg.state.or.us/liz/2013R1 << And, all bills may be viewed at the state web site here: http://www.leg.state.or.us/bills_laws/ - You may also get hard copies if you are in Salem by going to the bill room downstairs in the Capitol.

History:

2-25(H) First reading. Referred to Speaker’s desk.

3-4(H) | Referred to Judiciary with subsequent referral to Revenue.

4-2(H) | Public Hearing and Work Session held. See video

4-8(H) | Without recommendation as to passage, with amendments, be printed A-Engrossed, and be referred to Revenue by prior reference.

4-8(H) | Referred to Revenue by prior reference. See >> Details << here.

7-8(H) | In committee upon adjournment.

See - http://apps.leg.state.or.us/MeasureInfo/Measure - for latest on status.  


Action! Call your Representatives and get Everybody to do so also.

Keep it simple. Just ask them to support the bills concept and try to find a workable version.

Keep it short. Your call should be under 3 minutes. Don't get bogged down in details. At this point it is a numbers game.

Keep it pleasant and remember to smile. Even though they can't see it, your smile will come through.

You can find a list of those Committee members here:   http://www.leg.state.or.us/committees/   This link is about general protocol, how to testify before a committee, and how to submit testimony and exhibits electronically. http://www.leg.state.or.us/comm/   Also, the legislative committee agendas are flowing fast now, so make sure you're subscribed to all the relevant committees! https://public.govdelivery.com/accounts/ORLEG/subscriber/new

Act Today! House Bill 3371 will mean an end to Prohibition in Oregon, like Washington and Colorado enjoy.

Phoning Your Legislator Phoning Your Legislator. During a legislative session, you may call your legislators by contacting the WATS operator. Within Salem, call 503-986-1187. Outside of Salem, please call 1-800-332-2313.

Find Your Legislator Find Your Legislator online at -www.leg.state.or.us/findlegsltr/findset.htm. Visit: www.leg.state.or.us/findlegsltr/home.htm - and fill out the form entering your home address. Then click on the "submit" button and you will then be given your state and US legislators.

Write your legislator online Write your legislator online. To send a message to your State Senator or State Representative please visit: www.leg.state.or.us/writelegsltr/ and fill out the form. By entering your information, you will be automatically matched to either your State Senator or your State Representative. Click "submit" when you are ready to send your message.

TESTIFYING | Staff will respectfully request that you submit 15 collated copies of written materials at the time of your testimony and, if possible, an electronic copy of materials provided to staff 24 hours prior to the meeting.

Persons making presentations, including the use of video, DVD, PowerPoint or overhead projection equipment are asked to contact committee staff and provide an electronic copy 24 hours prior to the meeting.

ADA accommodation requests should be directed to Karen Hupp, or Juliene Popinga, ADA Coordinators, at employee.services@state.or.us or by telephone at 1-800-332-2313. Requests for accommodation should be made at least 72 hours in advance.

Getting to the Capitol: 900 Court Street NE, Salem, Oregon 97301 * Hours: Monday-Friday: 8:00-5:30 ~ Saturday: Closed ~ Sunday: Closed * Visitor Services Phone: 503-986-1388 * For more information on How to get to the Capitol, including things like Where to Park. visit: www.leg.state.or.us/capinfo/


Here is a link to text of HB 3371:   H.B. 3371


  LTL (Letters-To-yer-Legislator)  

Examples -

LTL Example #1 -

my note to Rep. Phil Barnhart, Chair of the House Committee on Revenue which introduced HB3371.

---

Dear Representative Barnhart,

I could fill this e-mail with "Thank You"s for this bill's introduction but for the sake of brevity, I'll stop at one: Thank you!

HB 3371 is a serious attempt at rationalizing Oregon's approach to how marijuana is used and considered today. I applaud it efforts to structure commericlal activity regarding marijuana in such a way that is well regulated and produces significant revenue in a manner which does not seem onerous or punitive to those who would engage in that commercial activity

However, my own efforts for the last three decades have been oriented to allowing adults to self-supply, regardless of other approaches and I will limit my comments to that aspect of HB 3371.

In my role as a member of the Advisory Committee on Medical Marijuana, a Chief Petitioner for four statewide marijuana legalization measures and as an examiner of evidence for attorneys dealing with criminal cases involving medical marijuana I have observations which could improve HB 3371 in important ways.One change I would suggest deals with the seemingly logical process of defining marijuana as it is in ORS 475.005. Thus defining marijuana immediately resulted in medical users being charged with excess quantities of marijuana by law enforcement officers weighing everything on the marijuana plant, green or dry, including the root wad and attached soil, clearly not the intent of the law. To counter that practice, OMMA was changed to specify that only "usable marijuana" was to be considered, and "usable marijuana " was defined as: "(11) “Usable marijuana” means the dried leaves and flowers of the plant Cannabis family Moraceae, and any mixture or preparation thereof, that are appropriate for medical use as allowed in ORS 475.300 to 475.346. “Usable marijuana” does not include the seeds, stalks and roots of the plant."

This change improved the situation but we still find patients and growers being charged with having excess weight by virtue of having the actually useless leaves being counted as usable marijuana, often after being swept off the floor where they had been discarded. In reality users do not use the leaves, but only the dried flowers, and then only from female plants. Thus I would change the definition of martijuana to one which mimics the OMMA language predominantly, but does not include leaves and specifies that usable marijuana comes from only female flowers. This reflects the reality of the actual uses of marijuana and would clarify exactly what is being taxed regarding commercial aspects of marijuana. It would be erroneous to use the 475.005 definition because that could result in taxation of the entire plant including rootball.

Another change we found useful was to include a provision for the horticulturally required different stages of plant growth. OMMA's original language dfid not include provisions for seedling or plant starts, with the effect being that patients and growers were charged with having excess plants by virtue of law enforcement counting anything with roots as a plant. Again this does reflect the reality of marijuana horticulture. To address this OMMA was changed to say that in addition to the six plants allowed: (4)(a) A registry identification cardholder and the designated primary caregiver of the cardholder may possess a combined total of up to 18 marijuana seedlings or starts as defined by rule of the Oregon Health Authority. And that definition is: The Oregon Health Authority shall define by rule when a marijuana plant is mature and when it is immature. The rule shall provide that a plant that has no flowers and that is less than 12 inches in height and less than 12 inches in diameter is a seedling or a start and is not a mature plant.

While this is not wholly correct horticultuarlly, and still results in patients and growers being charged with having excess plants as a result of unexpected rapid growth, it has been accepted by even law enforcement as an improvement and I recommend that HB 3371 be modified to reflect that language.

A final suggestion based upon my observations would be to clarify that a "marijuana plant" remains a "plant", even if out of the ground, until such time as it processed into usable marijuana. Currently we find that growers and patients are being charged with having excess weight of marijuana by virtue of a practice of law enforcement counting any plant not growing, even if still green and undried, as "usable' marijuana" regardless of the definition and charging Oregonians with possessing excess wieght of marijuana. This change would make the law reflect reality and prevent unfair prosecutions which now take place. I am sure that others may have comments regarding many other aspects of HB 3371, but I strongly feel that my suggested changes would improve and make more fair the treatment of Oregon marijuana users than the original language, no matter how well intended that orginal language is.

Last, but not at the least, i would suggest that fairness requires that HB 3371 be modified to include a pardon and amnesty for those Oregonians who have been prosecuted in the past for activities which would be legalized by this bill.

In closing, again please accept my thanks and congratulations for your work on HB 3371 and I look forward to testifying in its support at hearings.

I would be pleased to answer any questions you may have as we work together on passing HB 3371.

Laird Funk
15680 Williams Hwy.
Williams, Oregon 97544
Ph. 541-846-6759


Got one?   !PLEASE!   Post It!


TALKING POINTS: tba

HB 3371 is a very good beginning for our purposes. While it is very thorough it is obviously crafted by foks without the real life experience that many of us have, regarding mj and I will be contacting the Revenue Committee with minor but important suggested changes. My critique is limited to the homegrowing aspects and basic definitions.

The drafters took the seemingly logical step of defining mj as ORS 475.005 does, essentially anything once connected to a marijuana plant. However, OMMA's experience has shown that this definition is faulty compared to reality because LE continually used ORS 475.005 to improperly charge lawful patients and growers with having excess mj by weighing everything. Hence we got the definition of "Usable Marijuana" added to OMMA which defines usable mj as the "dried leaves and flowers" of the mj plant. Better, but not as good as definng usable mj as only the "dried flowers" because there are many improper cases based on LE weighing the useless leaves found lying around as mj. I will make that suggestion to Rep. Barnhart.

Another needed modification is that the language does not allow for (as I read it) seedlings or starts which we found useful to add to OMMA because those were also being counted as plants and causing charges of excess plant numbers to be filed when numbers of actual plants were within the limits.

Also HB 3371 (as well as OMMA) would benefit Oregonians by declaring that a marijuana plant was to be considered as a plant (alive or dead) until that time the plant is processed into "usable marijuana). Current OMMA law is being interpreted in many places (Josephine county, for example) as allowing only living plants to be considered as plants and all else called "usable marijuana", again with the result being that improper charges were filed based on that skewed interpretation.

All for now.

Laird lairdfunk@apbb.net

---

HB 3371 is the most serious bill to legalize marijuana ever introduced in the Oregon Legislature. It is an opportunity for us to rise up as a community and support what would be the best marijuana law on the planet. It would set up a regulated system to grow, process and sell marijuana to adults. Oregon would join Colorado and Washington in challenging federal prohibition. It would allow adults to grow their own marijuana and wouldn't change current laws prohibiting driving while impaired. Hopefully the bill will get a hearing soon and the process of debating each aspect of replacing prohibition with regulation will unfold. Hopefully the bill will be perfected and the Legislature will pass it. But if they don't, the chorus for legalization will have increased and we will have a better idea what initiatives to pursue. I suggest we all take this very seriously and do whatever we can to get this to pass.

John Sajo
Voter Power

John, is correct, this is a serious bill that gives the Oregon cannabis community an opportunity to pass a better law than what was recently passed in Washington and Colorado. Provides for a small home garden like Colorado, but with better limits. Establishes a regulated production and retail system like Washington but without taxation at every lever and without a per se DUII provision. Our state needs additional revenue and jobs very badly, giving this bill a chance to move either this session or as a referral to go before the voters in 2014. Because of the regulatory structure, the revenue generated and the jobs created, we have an opportunity to pull in support from outside of the traditional cannabis community (labor groups, folks concerned about education and substance abuse funding).

If the Oregon Legislature doesn't move forward with this bill, then we must be prepared to go directly to the people, but HB 3371 provides the legislature with an opportunity to lead on this important issue. Let's unite and help them do their job and craft a cannabis policy that is beneficial for all Oregonians. HB 3371, the legalization measure, has been scheduled for a hearing on April 2nd, but the hearing will likely only be to "gavel in" the bill and then immediately move the bill onto the Revenue Committee. This is good news for the potential of this bill moving forward. There isn't likely to be an actual public hearing on the 2nd. I will keep everyone informed and provide word if anything changes.

The complete background on the bill would be too lengthy to recount here, but the shorter version is that the bill was drafted with input from myself, Lee Berger, John Sajo, Madeline Martinez, Paul Stanford, Paul Loney and Geoff Sugerman, along with consultation with the ACLU of Oregon, the Drug Policy Alliance and outside legal assistance. I may even be forgetting a person or two, and I apologize if I have. Representative Barnhart, Chair of the House Committee on Revenue was hoping to introduce a bill this session that would legalize cannabis and raise revenue and the collective work of this group provided the bill that would accomplish Rep. Barnhart's goal.

Onward,

Anthony Johnson
Executive Director, American Victory Coalition
www.americanvictorycoalition.com
Executive Director, National Cannabis Coalition
www.nationalcannabiscoalition.com 503-752-3966 (cell)

One thing I note is that HB 3371 Section 48, removes marijuana from the controlled substances list. And Section 51 ends the prohibition on possessing stuff related to mj production, processing and use as "paraphernalia". We all can profit from this bill's passage. Let's start pushing now for its passage by contacting our legislators and urging their support. It is likely to go to the revenue committee and the members shoudl hear good things from us.

Laird

For links and help with contacting state reps and To check up on bills and such, visit our Legislative ToolShed for Tools, Tips, Tricks and More.

coverage at the WeedBlog:

xxx

HB3371 > > measure as introduced. Provides for regulation of production, processing and sale of marijuana and marijuana-infused products.

---

The bill doesn't set up a state monopoly, it just maintains that you must be licensed and regulated by the state. There is a separate fee to be a grower or retailer. There is a non-refundable $250 application fee and a $1,000 yearly licensing fee.

-- Anthony Johnson
Executive Director, American Victory Coalition
www.americanvictorycoalition.com
Executive Director, National Cannabis Coalition
www.nationalcannabiscoalition.com
---

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