News
Bill Might Help ClearPast Pot Convictions
C
learing one’s record of marijuana-related
convictions could get a little easier this
legislative session.
House Bill 3372, introduced by Rep. Lew
Frederick earlier this year, died in committee
earlier this year– but HB 3400, an omnibus
marijuana bill introduced by Rep. Ann Lininger
(D-Lake Oswego) that would provide avenues
for easier expunction – passed out of committee
last week and had its second reading Tuesday.
This month activists with New Approach Ore-
gon, the coalition that campaigned for Measure
91 last fall, along with the Bus Project, have re-
doubled their efforts to keep expungement alive.
Advocates say clearing
past offenses is a
critical social and racial
justice issue
“Legalizing marijuana is a good fi rst step but
there’s a lot more to do,” says Peter Zuckerman,
a spokesperson for New Approach Oregon, the
coalition behind Measure 91, which legalized
recreational Marijuana in Oregon last fall.
Anthony Johnson, the architect of Measure 91,
told The Skanner the proposed laws don’t need
to go as far as they should, but are a step in the
right direction – and regardless of the outcome,
his group will continue to fi ght to make it easier
to clear up criminal records once drug laws are
changed.
Frederick told The Skanner News
HB 3400 doesn’t go as far as his bill
and he’d like to see more comprehen-
sive legislation, but that he’s glad the
push to expunge prior marijuana of-
fenses has stayed alive.
The Bus Project held a phone-bank-
ing session and has created an online
petition and social media campaign,
using the hashtag #FreshStartOregon.
Aaron Brown, outreach coordina-
tor for The Bus Project, likened the
push toward legalization to success-
ful campaigns for same-sex marriage.
Both movements’ successes have
been driven by state or local gov-
ernments, with tactics and messages
getting replicated in other places once
they prove successful. So pushing to
include expunction for past marijua-
na offenses could set the tone for le-
galization in other states – though a
handful of other governments are tak- In November 2014, Oregonians voted to legalize
marijuana for recreational use. The portions of the
ing this into account as well.
Brown says setting records straight law pertaining to personal possession and use of
for those convicted of past offenses the drug kick in July 1.
is important because it’s a social and
it very easy to expunge their records if they’ve
racial justice issue.
been convicted for a crime that’s no longer go-
“The war on drugs has always been about the ing to be a crime.”
state control of Black and brown bodies,” Brown
“With legalizing marijuana, a major reason
told The Skanner. “The drug war has never been we’ve advocated for it was for criminal justice
about drugs. It’s about state-sanctioned destruc- reform,” Zuckerman says, citing numbers re-
tion of community.”
leased by the American Civil Liberties Union
“There are people who can’t get jobs, can’t get noting that people of color are more than twice
good housing, can’t get student loans because as likely to be arrested for marijuana-related
they’ve been burdened with marijuana convic- crimes despite no discrepancy in marijuana
tions for a crime that will be obsolete in a cou- use. “That’s morally indefensible and needs to
ple weeks,” Zuckerman says. “We need to make change.”
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PHOTO BY SONYA YRUEL/DRUG POLICY ALLIANCE (CC BY-NC 4.0)
By Christen McCurdy
Of Th e Skanner News
Pot
ber 2016, shortly after retail
sales would get going.
Some Oregon cities want
to change the opt-out rules
so that a majority vote from
their city council or coun-
ty commission would ban
sales, instead of waiting for
next year’s November elec-
tion.
Other cities, such as Tu-
alatin, would implement lo-
cal control over pot through
rules that restrict how close
a retail outlet could be from
parks, schools and libraries.
In many ways, the future
of legal pot in Oregon is still
being decided through the
legislature and local laws.
Will Oregon be a patch-
work of “wet” and “dry”
counties with differing
rules, taxes and availability?
Maybe.
The OLCC urges people
to use common sense, keep
up to date with rules and to
educate before they recre-
ate.
For more information visit
the OLCC’s “What’s Legal”
website, whatslegal.com,
or sign up for the agency’s
newslett to stay up to date
with new information.
How Do I Get into the
Marijuana Business?
By Donovan M. Smith
Of Th e Skanner News
H
ave you wondered about the rec-
reational marijuana business in
Oregon? Though the Oregon Li-
quor Control Commission and the Ore-
gon Legislature are still working togeth-
er to formulate the rules of distribution,
The Skanner News has compiled some
of the key things to know about getting
into the industry.
How can I sell marijuana?
There are currently four types of li-
censes one can attain in order to legal-
ly sale marijuana: producer, processor,
wholesaler and retail.
You can acquire as many of the four
licenses through the Oregon Liquor Con-
trol Commission.
The OLCC will not open up applica-
tions until January 4, 2015 with a fee of
$250.
Those awarded a license will need to
pay a subsequent annual $1,000 opera-
tions fee.
How much of a cut will the state be
taking from what I sell?
That’s yet to be determined. The
House-Senate marijuana committee is
currently considering House Bill 2041,
which would replace the current $35-per-
ounce tax with a blanket tax of 17 per-
cent on all cannabis-related products.
HB 2041 would also provide an optional
3 percent tax localities could choose to
impose that would be paid by the retailer.
Will a criminal history stop me from
getting licensed?
According to OLCC’s Tom Towslee,
the legislature will hammer out the fi nal
Page 8 June 24, 2015 The Portland and Seattle Skanner
continued from page 3
language around criminal backgrounds
as it relates to marijuana distribution in
July.
However, state offi cials have already
determined there are already some of-
fenses that that won’t prevent you from
getting a license:
Manufacture of marijuana: If this con-
viction came more than fi ve years prior
to the application for licensing, and you
haven’t been convicted since for the
same charge, and/or the delivery of mar-
ijuana, you cannot be denied based on
criminal history.
Delivery of marijuana: If you were
over the age of 21 or the offense is more
than fi ve years prior to the application
date, you will not be denied on this basis.
Possession: You will not be denied li-
censing for possession convictions.
What would it take for me to lose my
license?
Any violation of Measure 91 can and
will result in the loss of licensing. If you
lose your license you are welcome to re-
apply for certifi cation.
Can medical marijuana dispensaries
sell for non card-holders?
As of this writing, no. Some owners
of medical marijuana dispensaries have
however banded together with hopes of
creating a bill to be considered in the leg-
islature that would allow their stores to
sell a limited amount of marijuana prod-
ucts for recreational usage. If said pro-
posal passes, the more than 200 medical
marijuana dispensaries in Oregon will all
have the option of retailing medical mar-
ijuana while shops that are strictly recre-
ational would need to attain licensing in
order to distribute cannabis for medicinal
purposes.