MEASURE 57 - MARIJUANA POSSESSION

What The Measure Would Do

Possessing small amounts of marijuana in Oregon would carry a possible jail
term for the first time in more than two decades under Ballot Measure 57.
The measure would make possessing less than an ounce of marijuana a
misdemeanor, punishable by a potential jail term of 30 days and a fine of
as much as $1,000. First-time offenders could agree to a diversion program;
the new law would allow a six-month suspension of driving privileges for
failure to complete the program.

Background

Currently, possession of less than an ounce is considered a noncriminal
violation, punishable by a fine ranging from $500 to $1,000. The Oregon
Legislature in 1997 passed a bill increasing the penalties for possession
of less than an ounce of marijuana, and the governor signed it. But
petitioners collected more than 90,000 signatures to block the bill from
becoming law, sending this tougher measure to voters this fall.

The Pros

I've seen a huge number of people whose lives have been devastated by drugs.

John Minnis, former state representative

Proponents of Measure 57 argue that marijuana use is rising among young
people, showing decriminalization is not working. They say the state needs
to get tougher on using marijuana, which advocates say is a gateway drug to
other illegal substances. Drug users will not seek treatment on their own,
proponents say; they need law-enforcement intervention. Advocates also say
that current law sends a message that smoking marijuana is no big deal and
that government needs to reinforce the message that drug use is wrong.

The Cons

People die from tobacco, and people die from sugar. People don't just die
from marijuana.

Michael E. Rose, Portland defense lawyer

Opponents of Measure 57 argue that the measure costs too much, and money
could be spent more wisely on drug-treatment programs. They also say the
measure would lead to the early release of more serious offenders and that
the measure wouldn't deter young people from using drugs.

A provision in the measure requiring those facing the misdemenaor charge to
admit they were in possession of marijuana before they could qualify for a
diversion program would discourage treatment, opponents say. The measure
also would broaden police search and seizure powers unnecessarily and lead
to selective enforcement, opponents say.

The Big Picture

In 1973, Oregon became the first state to remove criminal penalties for
possessing less than an ounce of marijuana. At the time, the maximum fine
was $100. In 1989, the Legislature revisited the issue, opting to keep the
violation status but increase the fine.

The state fiscal impact committee estimates that recriminalizing marijuana
would cost the state and county governments $1.42 million annually.

The figure includes:

* $586,000 annually for law enforcement, indigent defense, court operations
and jury payments.

* $229,000 annually in county costs for local jail beds.

* A one-time cost of $50,000 for Driver and Motor Vehicle Services computer
programming.

* An estimated loss of $638,000 in state revenues.

Contacts

For:
Rep. Ben Westlund, R-Bend
Phone: 541-383-4444
Against:
No on 57 Committee
Michael E. Rose, Chief petitioner
Phone: 503-371-6222