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LTEs, the HB 3371 related Letters to the Editor, Legislator or Other People of Interest
the NotePad, our HB 3371 Bulletin Board
Legislation Station; section index
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Legislative Items past and present
2015, Legislative items
House Bill 2312
- Relating to crime; Provides that possession, delivery or manufacture of controlled substance constituting commercial drug offense must be for controlled substance other than marijuana or marijuana product.
House Bill 2558
- Relating to nicotine; Directs State Board of Pharmacy to adopt rules making nicotine Schedule III controlled substance.
House Bill 2546 - Relating to inhalants; Defines (inhalant delivery system), Amends laws concerning sale of tobacco products to, and use of tobacco products by, minors so those laws equally apply to inhalant delivery systems.
House Bill 2636
- Relating to medical marijuana registration, authorizing physician; Prohibits if physician has provided for 450 or more persons.
House Bill 2668
- Relating to industrial hemp; Repeals statutes requiring industrial hemp growers and handlers to be licensed by State Department of Agriculture.
House Bill 2754
- Relating to immunity for persons who seek medical assistance; Exempts person from arrest and prosecution for certain offenses and finding of violation of terms of release or supervision if person contacts emergency medical services or law enforcement agency to obtain necessary medical assistance for other person due to drug-related overdose.
House Bill 2781
- Relating to prohibition against registry identification card holders at child care facilities; Prohibits Office of Child Care from certifying, registering, recording or providing state funds to child care facility when person with regular presence at facility possesses medical marijuana card.
Senate Bill 124
- Relating to marijuana production, plus; Creates crimes of unlawful manufacture or delivery of marijuana within 1,000 feet of school zone.
Senate Bill 162
- Relating to marijuana facilities and children; Prohibits marijuana grow sites and licensed producers, processors and sellers of marijuana from being located within 1,000 feet of school.
Senate Bill 364
- Relating to the classification of marijuana offenses; Requires court to use current classification of marijuana offenses when determining if person is eligible for order setting aside conviction.
Senate Bill 417
- Relating to retail sale of products used to deliver substances into a person's respiratory system; Requires premises where person makes retail sales of tobacco products and inhalant delivery systems to be licensed by Oregon Liquor Control Commission, exempts medical and adult cannabis use.
Senate Bill 445
- Relating to disclosure of information to consumers of marijuana; info on harmful effects of marijuana on pregnant women and potential for marijuana to cause birth defects.
Senate Bill 460
- Relating to marijuana facilities and children; Directs Oregon Health Authority to adopt rules providing for relocation of registered medical marijuana facility if school is established.
Senate Bill 464
- Relating to extracting cannabinoids from the cannabis plant; Requires specific registration and Authority to adopt rules regulating processing of cannabinoid extracts.
Senate Bill 479
- Relating to the clinical research of cannabis; Creates Task Force on Clinical Research of Cannabis and directs task force to study and report on development of medical cannabis industry that provides patients with medical products that meet individual patient needs.
Senate Bill 480
- Relating to the clinical research of cannabis; Establishes as semi-independent state agency Clinical Research of Cannabis Board, Directs board to promote use of cannabis as treatment for medical conditions, compile information on medical use of cannabis and identify and support organizations and entities that engage in clinical research of cannabis or that administer cannabis on basis of clinical research.
2014, Legislative items
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, Legalization - Declares that person 21 years of age or older legally should be able to possess, transfer or produce marijuana.
2013, Legislative items
Senate Bill 82, to Remove 6-month Drivers License suspension for Cannabis (Marijuana) possession
Senate Bill 281, to add PTSD to the OMMP
2012, Legislative items
Legislative Concept 1749, to add PTSD to the OMMP
Attorney General Race, the Good and the Bad
Initiative 9 -- Oregon Cannabis Tax Act (OCTA)
Initiative 24 -- Oregon Marijuana Policy Intiative (OMPI)
2011, Legislative items
HB 3664, the "Sum Of All Fears" bill
SB 5529, Increases OMMP Fees
2010, Legislative items
I-28, the Dispensary Initiative continues
2009, Legislative items
I-28, the Dispensary Initiative
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.
SB 426, Expands ability of employer to prohibit use of medical marijuana in workplace
SB 427, Relates to drug-free workplace policies; Requires applicant for medical marijuana registry identification card to notify employer before using marijuana, etc.
HB 2313, a Land Use bill that could effect Dispensarys
HB 2497, Relating to employment; Expands ability of employer to prohibit use of medical marijuana in workplace
HB 2503, Relating to medical marijuana in the workplace; Prohibits discrimination in employment under certain circumstances, etc.
2007, Legislative items
SB465, a Fire-em-All-and-let-God-sort-out bill
2005, Legislative items
SB1085, needs your attention
HB2693, the "dumb bill gone bad" bill
HB3457, the "Forfeiture" bill
SB717, the anti-Medical Marijuana bill
SB772, the pro-Medical Marijuana bill
HB2485, the anti-Meth & Marijuana bill
SB294, the Hemp bill
SB397, Denies Benefits
HB2695, DUI & 2nd-Hand Smoke
HB5077, the "Rob the Sick and Dying Pot-heads" bill
2003, Legislative items
HB2939, a previous bad Medical Marijuana bill
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House Bill 3371 Sponsored by Committee on Revenue
-- Relating to marijuana (Cannabis) Prohibition.
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:
The dash-1 amendment is online now:
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 -
- 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 >>
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.
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.
find a list of those Committee members here:
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!
Act Today! House Bill 3371 will mean an end to Prohibition in Oregon, like Washington and Colorado enjoy.
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 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. 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 firstname.lastname@example.org 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:
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
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
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) â€śUsable marijuanaâ€ť 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. â€śUsable marijuanaâ€ť 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
I would be pleased to answer any questions you may have as we work
together on passing HB 3371.
15680 Williams Hwy.
Williams, Oregon 97544
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.
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, 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.
Executive Director, American Victory Coalition
Executive Director, National Cannabis Coalition
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.
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:
> 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
-- Anthony Johnson
Executive Director, American Victory Coalition
Executive Director, National Cannabis Coalition
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