Examples of how this bill is poorly written
Before I start - Yes, I am excerpting from the law. If anyone has actually read the bill, they will attest to the sleep inducing blather that makes up 80% of the text and I didn`t want to put you to sleep. If you have insomnia - you can go here, for the whole thing
http://www.theweedblog.com/full-text-of-the-oregon-cannabis-tax-act/
1. The only time non gov regulated cultivation and use is mentioned is
474.065 Qualifications of purchasers and licensees, effect of conviction.
(3) The cultivation and possession of cannabis for personal, noncommercial use by an adult shall not require a license nor registration - that`s it
How much processed cannabis? How many plants are too many? Who decides?
Obviously, some limits must be set as:
474.025 Purpose of the Oregon Cannabis Tax Act. This chapter shall be liberally construed so as to minimize the misuse and abuse of cannabis... and
474.035 Powers and duties of the commission, licenses for cultivation and processing. Hemp fiber, protein, oil not regulated.
(1) The commission shall have the powers necessary to carry out the provisions of this chapter. It shall make such rules and regulations as will discourage and minimize the diversion of cannabis to illicit sale or use within the state, the illicit importation and sale of cannabis cultivated or processed outside the state, and the illicit export or removal of cannabis from the state
So the purpose of the bill and the duty of the commission - stop misuse and abuse of cannabis and discourage and minimize the diversion of cannabis to illicit sale or use within the state - how are they going to do that without limits? As for transporting out of state - how much medicine can I take with me when I have to cross the river to Vancouver, without running afoul of the illegal removal law?
2 One of my favorites - after the gov is in control of production and sale of cannabis...
474.105 Commission may limit purchases. The commission may limit the quantity of cannabis purchased by a person at one time or over any length of time and may refuse to sell cannabis to any person who violates this chapter’s provisions or abuses cannabis within the meaning of ORS 474.005(1).
Limit or refuse to sell to anyone who violates the provision or abuses cannabis. What is abuse under 474.005(1)?
(1) “Abuse” means repetitive or excessive drug use such that the individual fails to fulfill a statutory or common law duty, including but not limited to the duties owed by parents to children, by motorists to pedestrians and other motorists, and by employees to employers, fellow employees, and the public.
So........If I overindulge and fail to show up at work, am I "failing to fulfill" the duties owed by employee to employer?
If I tell a co-worker to fuck off and he tells the boss I was stoned - am I "failing to fulfill" my duties to a fellow employee? If my neighbor is anti cannabis - can he complain that I am "failing to fulfill" my duties to the "public?
If I need large amounts of cannabis because the chemo is killing me - am I using too much? Can I be banned from purchasing cannabis for any of these "violations"?
Who the fuck knows? And that`s the problem - nobody knows, and the law does not say.
3 We are told that this "commission" will make all the rules - first gov appointed:
Section 2:
The OCC shall consist of seven commissioners. Initially, seven commissioners shall be appointed by the Governor before December 31, 2012 for a term of one year and they shall promulgate administrative rules, create systems and begin licensing applicants by February 28, 2013.
Then: five commissioners shall be elected at large by growers and processors licensed under ORS 474.035 for a term of one year, and two commissioners shall be appointed by the Governor for a term of two years
So.....If there is a problem, we can just talk to the commission - Right? WRONG - You won`t even know who they are.
474.305 Disclosure of names and addresses prohibited. Information on applicants, licensees, and purchasers under this chapter shall not be disclosed except upon the person’s request.
So here is some of what is wrong with this so called law. If you want more, read it. HINT - get a bunch of friends together and have a smokers game, just like a drinking game only take a hit instead of a drink, each time you find something wrong. Winner will be the last one awake