1 / 17

OCAA Spring 2013

OCAA Spring 2013. Options for Municipal Regulation of Medical Marijuana Christy Monson , The Local Government Law Group in Eugene christy@speerhoyt.com 541.485.5151. Should Cities Just Say No?. OMMA Prohibitions: Harshing the Mellow. NO selling or purchasing MJ to/from anyone.

blaise
Download Presentation

OCAA Spring 2013

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. OCAA Spring 2013 Options for Municipal Regulation of Medical Marijuana Christy Monson , The Local Government Law Group in Eugene christy@speerhoyt.com 541.485.5151

  2. Should Cities Just Say No?

  3. OMMA Prohibitions: Harshing the Mellow • NO selling or purchasing MJ to/from anyone. • NO sharing with non-cardholders. • NO using pot in public or in public view. • NO driving while under the influence. • NO growing or producing other than registered growsite. (Can grow yourself or have someone grow for you.) • Six mature plants per cardholder. Maximum 24 plants per grower. (ORS 475.300 et seq.)

  4. What MMJ Looks Like in our Cities: A Mixed Bag • Home growing and home use • Dispensaries, Gardens, “Cannabis Clubs”, Retail Establishments, Collectives. • Enforcement Choices and Limited Resources • Dazed and confused?

  5. “Chronic” Neighborhood Problems

  6. Regulation Options: A Municipal Potpourri

  7. Regulation Options: A Municipal Potpourri

  8. Regulation Options: A Municipal Potpourri

  9. Regulation Options: A Municipal Potpourri

  10. Regulation Options: A Municipal Potpourri

  11. Licensing/Permitting can be a sticky situation Invalid authority to license a crime? • Marchetti, 390 US 39 (1968). License creating a vested right to a business? • Santa Barbara Patients Collective Health Co-op v. City of Santa Barbara, 2012 WL 2129370, 9th Cir., June 13, 2012) Fifth amendment protections against self incrimination? • Baltimore City Dept. of Soc. Serv. v. Bouknight, 493 US 549 (1990); Montes v. US, 2012 WL 2798810 (E.D. Cal. Jul 09, 2012).

  12. Regulation Options: A Municipal Potpourri

  13. Criminal Options: An Ounce of Prevention or a Token Gesture? • Analyze the real problems vs. perceived or political. • Limitations on MMJ user immunity from criminal laws: ORS 475.316 • DUII • Sharing • Purchase • Grow location or too many plants • Affirmative defenses provided to MMJ users: ORS 475.319 • No card needed

  14. DARK GREEN: legal medical cannabis/decriminalized   LIGHT GREEN: legal medical cannabis ARMY GREEN: decriminalized PURPLE: legalized recreational cannabis Consider taxing in the event of legalization.

  15. Rolling in the Green

  16. Blunt Advice

  17. "Two of my favorite things are sitting on my front porch smoking a pipe of sweet hemp, and playing my Hohner harmonica." - Abraham Lincoln (from a letter written by Lincoln during his presidency to the head of the Hohner Harmonica Company in Germany).

More Related