Oregon legislators consider bill to legalize pot

Peter Wong, (Salem, Ore.) Statesman Journal | USATODAY

SALEM, Ore. — Forty years after Oregon became the first state in the nation to decriminalize possession of small amounts of marijuana, lawmakers are considering a bill that would regulate its production, processing and sale.

"Marijuana legalization is coming to Oregon sooner rather than later," said Anthony Johnson of Portland, Ore., an activist who leads New Approach Oregon. "It makes sense to regulate marijuana like alcohol and for the Legislature to take the lead on the issue and make sure sensible regulations are in place."

Marijuana remains illegal under federal law, and Attorney General Eric Holder will decide soon whether to sue Washington and Colorado, where voters approved different legalization measures Nov. 6.

Under House Bill 3371, the Oregon Health Authority would license producers, processors and wholesale and retail sellers of the drug. And the Oregon Liquor Control Commission would have to authority to tax marijuana. But it still would permit homegrown marijuana.

The Oregon House Judiciary Committee conducted a brief hearing on it Tuesday, amended it, and sent it to the House Revenue Committee for a more extensive hearing.

A survey that DHM Research of Portland conducted last week indicates support for marijuana legalization has reached the 50% mark in Oregon.

"It sends a signal to where the voters' attitudes are heading," said John Horvick, a senior associate with the firm.

He also said a majority of respondents want the Legislature to pass the bill or refer it to voters instead of having advocates write a ballot initiative.

Sheriff Pat Garrett of Washington County spoke for the Oregon State Sheriffs Association, which opposes the bill.

Among the sheriffs' objections, Garrett said, is the lack of a driving impairment standard for marijuana akin to the 0.08 blood-alcohol measurement. Under current law, use of alcohol, controlled substances and inhalants — or any combination of them — can trigger drunken-driving penalties.

"This act will not make the problems with marijuana abuse go away," he said.

The Oregon Legislature was the first in the nation in 1973 to make possession of 1 ounce or less of marijuana punishable as a traffic-type infraction with a maximum fine of $100. The maximum fine was raised in 1989 to $1,000.

The Legislature passed a bill to recriminalize possession in 1997, but opponents gathered signatures to force a statewide vote. Voters rejected the law in 1998.

Oregon voters approved marijuana for medical use that same year. However, in 2010, they rejected a ballot initiative, sponsored by Johnson, to provide medical marijuana through state-licensed dispensaries. Eighteen states and the District of Columbia permit medical marijuana.

"This is a chance to draft a bill that will make sense and be acceptable to the public," said Chairman Jeff Barker, a Democrat from Aloha, Ore. and a former Portland police lieutenant.