Referendum Petition Qualified for a Vote. This regressive, misguided law did not go into effect. Thanks to the Oregon Voters of 1998.

We have stopped the recriminalization of marijuana, House Bill 3643, which Oregon's legislature passed this Spring and the Governor signed on July 2, 1997. We helped organize and circulate a referendum petition to stop this from taking effect. We lobbied the legislature for two legislative sessions to stop this, and we worked to raise awareness about it. The people voted on the recriminalization bill on November 3, 1998. The law did not go into effect because we turned in well over 90,000 signatures to stop it (almost double the 48,850 registered Oregon voter's signatures we needed to send this bill to a vote by the people of our state) and the voters of Oregon voted 2 to 1 rejecting the recriminalization of marijuana.

Now let's stop the war on our oldest agricultural crop, cannabis, with the Oregon Cannabis Tax Act (OCTA).

Help us and we shall overcome!

Oregon was the first state to decriminalize simple possession of marijuana in 1973. Our legislature, led by Republicans who bought control in a way that should be illegal, is trying to turn back the clock in a regressive, ill-conceived move to criminalize people who have only been subject to a traffic ticket for 24 years.

Governor John Kitzhaber said when signing the bill, "...this has less to do with the possession of marijuana as it does with increasing the [police's] powers of search and seizure." This is not about drugs at all. It is about the continued centralization of economic and political control.

The main reason that HB 3643 passed was because all of Oregon's law enforcement lobbyists made it their top priority. The lead lobbyist for the Association of Oregon Chiefs of Police, former Speaker of the Oregon House of Representatives Larry Campbell, testified before a subcommittee of the Joint Ways and Means Committee that this was their top priority. Campbell's son, also an Association of Oregon Chiefs of Police lobbyist, testified it was law enforcement's top priority before the Senate Crime and Corrections Committee too.

CRRH's director, , took a job in democratic Senator Kate Brown's office to be closer to the action in our work to defeat the recriminalization of marijuana. CRRH coordinated with national groups to try to stop it and we invited national financiers to Oregon to help us stop it. CRRH led the lobbying effort in the legislature against the recriminalization of marijuana, HB 3643. CRRH organized telephone calls and a letter writing campaign that dwarfed the police and drug warrior's efforts, with the Governor and legislators saying that letters and phone calls were running 20 to 1 against the bill. Yet it passed because of law enforcement and prosecutor's lobbyists, along with the national and local Republican Party.

We stopped it through the referendum process.

The legislative history is appended below.

Here is an article from May 1997, just one of many stories we wrote in our lobbying effort to try to stop recriminalization of marijuana in Oregon's legislature:

One Chamber of the Oregon Legislature Votes to Increase Penalty on Possession of Small Amounts of Marijuana from a Traffic-Ticket-Like Offense to a Misdemeanor With A Criminal Record.

By D. Paul Stanford
for the Campaign for the Restoration and Regulation of Hemp (CRRH)

A bill to recriminalize marijuana was passed by the Oregon House of Representatives on Tuesday, April 29, 1997. The bill passed by the same margin, greater than two to one, that is passed in the House by during the last legislative session in 1995. (I helped organize to kill that bill too, as some of you may recall.) The bill, HB 3643, to recriminalize less than one ounce of marijuana passed the House by 43-17. On Friday, June 13^th the bill passed the Senate by a vote of 20 to 9.

HB 3643 was debated for more than two and a half hours on the floor of the House back on April 29th, with several votes to adopt two different minority reports over the majority report from the Judiciary Committee. The House Minority Democratic leader, Rep. Peter Courtney, a cosponsor of the bill, called one 20 minute recess for a Democratic representative caucus, and began to call another one during the debate nearly two hours later, before he changed his mind. Several legislators rose to give, at times, eloquent and spirited opposition to HB 3643. Each time Rep. John Minnis, Republican Chair of the Judiciary Committee and also a Portland Police Detective Sargent, rebutted and successfully defeated the minority reports and other opposition.

The Judiciary's majority report which passed makes possession of any amount up to 28.35 grams/an ounce of marijuana a Class C misdemeanor, from its current status as an traffic-ticket-like infraction. HB 3643 appears likely to pass. Oregon was the first state to decriminalize marijuana in 1973. The bill is opposed by a large group of people in Oregon, but the republicans, who have a majority in both chambers, are set upon enacting a cultural agenda against the wishes of the state electorate. The republicans took control of both chambers of the Oregon legislature by mailing premarked, postage paid absentee ballots to every registered republican voter in legislative districts where the election was closer than ten percentage points. (Yes, that's legal.) By so buying the election, they have the power to enact this regressive, budget-busting bill against the will of the vast majority of Oregonians. HB 3643 will put thieves and robbers on the street and allow police to confiscate cannabis users' property and get search warrants to raid mere personal, private cannabis users' homes.

Additionally, the bill would suspend the drivers license of anyone so convicted of minor possession of under an ounce of cannabis, and force those convicted to undergo drug treatment diversion programs to get their drivers license back. It would permanently suspend the commercial driver's license of anyone upon a second conviction. HB 3643 will leave a permanent record of the conviction on a persons record and hurt some people's ability to obtain and keep a job.

All representatives, who spoke against HB 3643, or in favor of one of the minority reports, were democrats. Rep. Floyd Prozanski of Eugene and Rep. Jo Ann Bowman of Portland, both also on the Judiciary Committee, moved immediately to endorse the first minority report, which would have made over a half ounce a Class C misdemeanor and let the traffic-ticket-like violation stand for 14 grams/a half ounce or less. Prozanski went over many issues in a lengthy 20-minute address. He pointed out that the financial report given was mistaken in claiming an increase in revenue from the fine included. He said that including money from the fine was, to use his term, bogus, since the fine was remaining the same, $500 minimum to $1,000 maximum, that it is now. He pointed out that he is a prosecuting attorney and the courts are already overburdened, under funded, and that HB 3643 would cost at least $960,000 in indigent criminal defense attorney fees alone. Prozanski used a couple of points that this office had provided in lobbying against the bill in his speech. (Prozanski, in a parliamentary rule twist, something for which he has a demonstrated flair for, had also barely kept his industrial hemp bill alive at the deadline of committee hearings for bills in this session just a few days before. Prozanski's industrial hemp bill, confusingly HB 3623 [not 3643,] may get a public hearing yet.) Prozanski had opposed the recrim in the last legislative session two years ago and worked diligently against HB 3643.

Rep. Bowman said that she had heard testimony in the Judiciary Committee from across the state concerning cuts in revenue from a second property tax reduction initiative that passed last November. She pointed out that police kept testifying repeatedly that they would not be arresting people for burglary, car theft, vandalism and many other crimes due to lack of resources. She asked where they now had money to enforce this new law. She ended saying that African-Americans would be jailed disproportionately now and under this new law. She urged adoption of the first minority report to have possession of a half ounce or less remain a violation, and increase the penalty on 14-28 grams to a Misdemeanor. (For over 30 years it has been for a Class B felony to possess over an ounce, and a Class A felony, like murder and rape, to grow even a single cannabis plant under Oregon State law.) Bowman and Prozanski urged the House to adopt their minority report.

Rep. Minnis said adoption of the 1st minority report would send the wrong message to kids. Rep. Westlund, another sponsor of HB 3643, stated that his arrest for drugs, years ago, had helped him. Prozanski rebutted that Westlund had not been arrested for marijuana and that he had eluded conviction and others with fewer means would not. Minnis again said we had to send a message to kids. The first minority report was rejected by the full house.

Then Rep. George Eighmey of Southeast Portland moved to ask the House to adopt the second minority report to HB 3643. This rewrite was identical to the majority report except in that it added an affirmative medical necessity defense for those with a demonstrated medicinal need. Minnis brought up Donna Shallala saying medical marijuana was a hoax, then he again raised the specter of messages and children. Though most voters in Oregon supported it by , the second minority report was soundly rejected in a full House vote.

Then the debate began on the actual majority report. The republican leadership first tried to cut off further debate and Rep. Brian Johnston of Salem interrupted and said he wanted to speak about the bill. Perhaps he gave the best speech on the issue. Rep. Johnston said that the legislature should take the medical oath to first do no harm. He said that HB 3643 would do a lot of harm. He said this allows some to act like they are tough on crime while really doing nothing and that the increase in penalties had no effect on usage by minors. He accused the sponsor of bill, of lying during the debate. He said they had not told the truth about the costs of the bill and he moved to send the bill to the Joint Ways and Means Committee to get a full assessment of the costs (a motion I had lobbied for on behalf of the CRRH as well.) Minnis said the purpose was to sidetrack the bill and opposed the motion. The motion was defeated.

Rep. Kitty Piercy of Eugene and Rep. Judy Uherbelau of Ashland also gave speeches opposing HB 3643. Rep. Westlund again spoke and said it was about messages to kids and if it saved just one kid, it was worth any amount of money. Rep. Minnis again stated the real issue was to keep kids off drugs. Then the vote was taken and the bill to recriminalize possession of under an ounce of marijuana passed for the second session in a row with the exact same margin in the vote this session as in 1995; it passed 43-17.

The bill has did come before the Senate and did pass.

In the House Judiciary Committee public hearing on April 7th, the chair, Rep. Minnis, who again is also a current police detective, manipulated the schedule to cut off any opposition from testifying at the afternoon public hearing. Many patients had been rudely snubbed and not allowed to testify. Even though they had made great physical efforts to be there to testify. Only police officers and drug prohibitionists were allowed to testify in the 1-3:30 PM hearing, though I and a few others were able to stay and testify at 8 PM, much later that evening. Several patients are filing a complaint with the federal government for violations of the Americans with Disabilities Act, saying they were excluded from the process.

On April 11th, Rep. Minnis lied to Rep. Eighmey so he could cut off debate on HB 3643 in a work session. Minnis had promised that he would allow the House Judiciary Committee to hear Eighmey's bill for medical marijuana, HB 2900. Minnis was able to stop the debate at that work session with that promise, then he turned around and denied the hearing he had promised. The deadline for hearings on bills in this session has passed and the medical marijuana bill died. Minnis, like so many corrupt police officers and politicians will do, broke his word and lied to stifle debate.

The bill passed through the Senate Crime and Corrections committee on May 5th. We hoped the Ways and Means committee would kill this bill, but it passed there also. We need to regulate marijuana out of the hands of kids and send them a real message, not a hypocritical one.

The state is already reeling financially due to 2 property tax limitation measures which have passed recently. Education has been cut and is being cut more, and now the legislature is moving to spend our tax dollars to arrest, try and jail nonviolent cannabis users, who, by and large, aren't even hurting themselves!

The state does not have the money to jail robbers, no less expanding the number of people who may be tried and imprisoned, and that all surveys show this is against the will of the vast majority of Oregonians.

Save the forests, because while trees are renewable, hemp is sustainable.

We shall overcome!

Legislative Measure History HB 3643

Taken from the Oregon Legislature's web site at: gopher://gopher.leg.state.or.us:70/00/measure.dir/hsemh2.txt

HB 3643 By Representatives MINNIS, WESTLUND, Senator STULL;

Representatives CARTER, COURTNEY, DECKERT, HARPER, LEWIS, LOKAN, MARKHAM, MILNE, ROBERTS, SIMMONS, SNODGRASS, SOWA, STARR, VANLEEUWEN, WATT, WELSH, Senators DERFLER, FERRIOLI, FISHER, GEORGE, KINTIGH, MILLER, QUTUB, SHANNON, TARNO -- Relating to controlled substances; appropriating money.

3-26(H) First reading. Referred to Speaker's desk.

3-31 Referred to Judiciary.

4-1 Assigned to Subcommittee on Criminal Law.

4-7 Public Hearing and Work Session held.

4-10 Work Session held.

4-11 Returned to Full Committee.

4-16 Work Session cancelled.

4-18 Work Session held.

4-25 Recommendation: Do pass with amendments and be printed

A-Engrossed.

Minority recommendation No. 1: Do pass with amendments and be printed A-Engrossed.

Minority recommendation No. 2: Do pass with amendments and be printed A-Engrossed.

4-29 Motion to substitute Minority Report No. 1 for Committee Report failed.

Ayes, 18 -- Nays, 35: Adams, Beyer, R., Brian, Courtney, Deckert, Devlin, Edwards, Harper, Hill, Jenson, Johnson, Jones, Kruse, Lokan, Luke, Messerle, Milne, Minnis, Montgomery, Oakley, Roberts, Schrader, Shetterly, Shields, Simmons, Snodgrass, Sowa, Starr, Sunseri, Thompson, VanLeeuwen, Wells, Welsh, Westlund, Speaker Lundquist. -- Excused for business of the House, 7: Carpenter, Carter, Josi, Lewis, Markham, Repine, Watt.

Vote explanation(s) filed by Piercy entered in Journal. Motion to substitute Minority Report No. 2 for Committee Report failed.

Ayes, 14 -- Nays, 41: Adams, Beck, Beyer, R., Brian, Carpenter, Corcoran, Courtney, Deckert, Devlin, Edwards, Harper, Hill, Jenson, Johnson, Johnston, Jones, Kruse, Lehman, Lokan, Luke, Markham, Messerle, Minnis, Oakley, Roberts, Schrader, Shetterly, Simmons, Snodgrass, Sowa, Starr, Strobeck, Sunseri, Taylor, Thompson, VanLeeuwen, Wells, Welsh, Westlund, Whelan, Speaker Lundquist. -- Excused for business of the House, 5: Carter, Lewis, Milne, Repine, Watt.

Vote explanation(s) filed by Piercy entered in Journal. Committee report adopted.

Ayes, 36 -- Nays, 18: Beck, Bowman, Corcoran, Eighmey, Fahey, Gardner, Hill, Johnson, Johnston, Josi, Lehman, Piercy, Prozanski, Rasmussen, Ross, Taylor, Uherbelau, Whelan -- Excused for business of the House, 6: Carter, Kruse, Lewis, Milne, Repine, Watt.

Vote explanation(s) filed by Piercy entered in Journal. Rules suspended. Second reading. Rules suspended. Third reading. Carried by Minnis. Motion to refer to Ways and Means failed.

Ayes, 26 -- Nays, 34: Adams, Beyer, R., Brian, Carpenter, Devlin, Harper, Hill, Johnson, Jones, Kruse, Lewis, Lokan, Luke, Markham, Messerle, Milne, Minnis, Montgomery, Oakley, Repine, Shetterly, Simmons, Snodgrass, Sowa, Starr, Strobeck, Sunseri, Thompson, VanLeeuwen, Watt, Wells, Welsh, Westlund, Speaker Lundquist. Passed.

Ayes, 43 -- Nays, 17: Beck, Bowman, Eighmey, Fahey, Gardner, Hill, Johnson, Johnston, Josi, Lehman, Piercy, Prozanski, Rasmussen, Ross, Taylor, Uherbelau, Whelan.

Vote explanation(s) filed by Hill entered in Journal.

4-30(S) First reading. Referred to President's desk.

5-1 Referred to Crime and Corrections, then Ways and Means.

5-5 Public Hearing and Work Session held.

5-9 Recommendation: Do pass the A-Eng. bill.

Referred to Ways and Means by prior reference.

6-2 Assigned to Subcommittee on Public Safety/Regulation.

6-4 Public Hearing held.

6-10 Public Hearing and Work Session held.

6-12 Returned to Full Committee.

6-13 Work Session held.

Recommendation: Do pass with amendments to the A-Eng bill. (Printed B-Eng.) Second reading. Rules Suspended. Third Reading. Carried by Stull. Passed.

Ayes, 20 -- Nays, 9: Brown, Burdick, Castillo, Dwyer, Gordly, Leonard, Lim, Trow, Wilde. -- Excused, 1: Hannon.

6-17(H) House concurred in Senate amendments and repassed measure.

Ayes, 42 -- Nays, 17: Beck, Bowman, Eighmey, Fahey, Gardner, Hill, Johnson, Johnston, Josi, Lehman, Piercy, Prozanski, Rasmussen, Ross, Taylor, Uherbelau, Woote. -- Excused, 1: Whelan.

6-25 Speaker signed.

6-25(S) President signed.

7-2(H) Governor signed.

(Chapter 474, 1997 Session Laws) Effective date: October 4, 1997. 

But we stopped it from taking effect! Hurray! Down with governmental tyranny!