Even with legal pot, Global Cannabis Marchers' work not done

Deanna Perkins of Clackamas wears a pair of sunglasses to show her support at Portland's 17th annual Global Cannabis March, May 7, 2016 in downtown Portland. Pot insiders say they're hopeful, in part because the administration has signaled its support of states' rights and in part because state-authorized medical marijuana programs have legal protection.

(Kristyna Wentz-Graff/The Oregonian)

Top Trump administration officials have said they will crack down on marijuana sales in states where recreational pot is legal, but Oregon officials and pot industry insiders say there's no reason to panic.

Congressional protections for medical marijuana, President Trump's deference to states' rights and the economic heft of the legal marijuana industry all bode well, they say. They expect well-regulated growth, sale and use of pot will continue in Oregon, despite the confirmation of a U.S. attorney general who says the drug is illegal and linked to violence.

Portland lawyer Leland Berger, who helps marijuana businesses comply with state law, says he's received several worried phone calls from clients since White House Press Secretary Sean Spicer's suggestion Feb. 23 that states will be subject to "greater enforcement" of federal laws against recreational marijuana use.

"Generally the way I respond to these phone calls, I tell them my crystal ball is as clear as bong water," he said.

Leland Berger, left, a Portland lawyer who advocates marijuana legalization, speaks to Rob Bovett, a lawyer for the Association of Oregon Counties and former district attorney at the state Capitol in Salem, Ore. on Tuesday, Feb. 11, 2014.

Berger says he's not too worried about a possible crackdown from the federal government, in part because the administration has signaled its support of states' rights and in part because state-authorized medical marijuana programs have legal protection. Trump administration officials have said they will not target medical marijuana use.

Washington's governor and attorney general have urged the Trump administration not to increase enforcement of federal laws governing recreational marijuana. They even sent Attorney General Jeff Sessions a letter requesting a meeting to better understand his stance on state legalization.

Oregon's counterparts have not resorted to similar measures. That is because the Trump administration hasn't taken any action to follow through on its rhetoric, Oregon Gov. Kate Brown and Attorney General Ellen Rosenblum told The Oregonian/OregonLive.

"Attorney General Sessions and the new administration have not issued any new guidelines, or new legal advice, on marijuana, so at this point there is nothing to respond to," Rosenblum said in a statement. "However, we will continue to work with other states if any new guidelines or legal advice is issued."

Brown echoed Rosenblum in an interview.

"I am willing to go to bat for this industry, and I think the Trump administration, when it comes down to it, will agree with us moving forward," she said, promising to "respond appropriately" should the White House take any action.

During her recent trip to Washington, D.C., Brown said she was heartened by the Trump administration's commitment to states' rights and growing the economy.

Oregon's recreational pot shops bring in millions of dollars each month.

Meanwhile, both of Oregon's Democratic U.S. senators, Jeff Merkley and Ron Wyden, joined nine other senators in signing their own letter to Sessions, asking for "immediate assurance" that the U.S. Department of Justice would respect states' rights to enforce their own marijuana policies.

Last year, recreational marijuana funneled $60.2 million in taxes to state coffers. In the future, the bulk of state pot taxes after administrative costs will go to education and health services.

Existing federal protections

Voters have legalized the use of marijuana in 28 states and the District of Columbia, but pot remains on the U.S. Drug Enforcement Agency's list of Schedule I drugs, along with heroin and LSD. The federal government considers the drugs on that list to have no accepted medical use and have a high potential for abuse.

The DEA reiterated that characterization of marijuana's danger and lack of medical value in August. Meanwhile, methamphetamine is considered a safer Schedule II drug.

Though the federal Controlled Substance Act makes it illegal to manufacture, distribute, use or possess marijuana, a landmark 2013 memo authored by Obama-appointed Deputy Attorney General James Cole said the federal government would take a hands-off approach to enforcement as long as marijuana businesses follow state laws and keep the drug out of the hands of children, among other guidelines.

But Sessions could replace the memo with his own directive. During his Senate confirmation hearing in January, he said he couldn't promise he would continue to ignore federal law.

Even with new marching orders, however, the federal government may not have the resources or legal ability to enforce marijuana laws. A temporary Congressional budget amendment, first passed in 2014, forbids the U.S. Department of Justice from interfering with state-run medical marijuana programs.

Bruce Banner #3, pictured, is one of several strains available at Pure Green, one of a dozen marijuana shops dotting Northeast Sandy Boulevard, known informally as Portland's Green Mile.

But what does that mean for recreational marijuana programs? In Oregon, it's complicated.

Oregon has two types of pot shops: medical and recreational. Starting in January, medical marijuana dispensaries overseen by the Oregon Health Authority have been able to sell marijuana only to patients with a medical card and their caregivers.

Recreational shops, licensed through the Oregon Liquor Control Commission, are authorized to sell marijuana to those 21 and older. Recreational outlets can also sell medical-grade pot to patients, provided they have received a medical endorsement from the commission.

As more shops receive such an endorsement, the number of strictly medical dispensaries is dwindling.

As of Friday, the liquor commission had approved 365 licenses for recreational marijuana shops, three quarters of which also have a medical endorsement. At the same time, 115 medical marijuana dispensaries were registered with the health authority. This is down from 425 in October.

The Oregon Health Authority is registering fewer dispensaries as more shops migrate to the recreational system under the liquor commission.

Additional safeguards

Berger thinks the recreational pot stores that are also licensed to sell medical marijuana may be protected under the temporary congressional protection for states' legal medical marijuana operations.

Don Morse, dispensary owner and director of the Oregon Cannabis Business Council, doesn't want to take that chance.

If all recreational marijuana shops were to close, those with medical cards would have fewer options, he said.

In the Oregon Legislature, Sen. Ginny Burdick, D-Portland, has said merging the state's recreational and medical programs is a priority for the joint marijuana committee she co-chairs.

Don Morse, co-director of The Human Collective and director of the Oregon Cannabis Business Council, photographed at the dispensary on Sept. 29, 2014.

Morse is hoping this session's legislation includes a provision that would enable recreational shops to receive a medical endorsement from the Oregon Health Authority. Because that endorsement would come from a health agency instead of a liquor agency, Morse says it could offer stronger protection under the temporary congressional rule.

"It's providing us with a method where we wouldn't have to close our doors for even a day," he said. "Everyone would be able to operate, albeit with a much smaller market."

The provision could buy the industry time while the governor and attorney general fight the enforcement, he said.

But the congressional protection for medical marijuana programs is at risk; it expires in April. The amendment could live on if Congress extends the spending bill. If it passes a new spending bill, lawmakers can propose the amendment once more.

In addition, Rep. Dana Rohrabacher, a California Republican, has introduced a bill that would enshrine that protection in a permanent law.

Meanwhile, Rep. Tom Garrett, R-VA, is pushing a bill that would remove marijuana from the federal drug enforcement agency's schedule, effectively decriminalizing it under federal law.

Mark Pettinger, spokesman for Oregon's liquor control agency, says the agency isn't speculating on what the Trump administration will do. It's focused full-bore on regulation, he said.

"Having a well-regulated marijuana market enables law enforcement to focus on those outside the system," he said.

As long as the state continues its strict regulation, recreational marijuana has a better chance at surviving any federal scrutiny, he said.

As the public's appetite for legal marijuana programs has grown, Congress has looked on it more favorably. This change in attitude has been a long time coming for Congressman Earl Blumenauer, a Portland Democrat who has pushed for legal marijuana policies for decades.

US Rep. Earl Blumenauer, a Democrat from Portland, has championed marijuana legalization in Congress for decades.

Last month, he announced formation of a bipartisan congressional cannabis caucus, co-chaired by himself, Rohrabacher, Rep. Don Young of Alaska and Rep. Jared Polis of Colorado. According to a statement from Rohrabacher's office, the leaders of the group are hoping other lawmakers will join their cause to "establish a more rational approach to federal cannabis policy."

In a statement to The Oregonian/OregonLive, Blumenauer said he's excited to work to protect states' marijuana programs and wants to extend existing federal protection to recreational marijuana.

"I'm not going to sugarcoat it, expanding will be a heavy lift," he said. "But, we're looking at all the tools in our toolbox. There is too much at stake to not do all that we can to push for this. Ultimately, who knows what this new administration will actually do. Regardless, the train has left the station - a crackdown would be difficult, and more importantly, legalization is the right path forward."

-- Anna Marum

amarum@oregonian.com

503-294-5911

@annamarum

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