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Options for Municipal Regulation of Medical Marijuana: Analyzing Local Government Choices

This presentation by Christy Monson explores the various options available for municipal regulation of medical marijuana. It discusses the prohibitions under the Oregon Medical Marijuana Act (OMMA) and highlights common practices in different cities, such as home growing, dispensaries, and "cannabis clubs." It also addresses the enforcement challenges and the complexity of licensing. The discussion provides a critical analysis of the balance between creating regulatory frameworks and protecting individual rights in the context of medical marijuana use.

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Options for Municipal Regulation of Medical Marijuana: Analyzing Local Government Choices

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  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).

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