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News (Media Awareness Project) - US OR: OPED: Measure 74 Brings Needed Regulation
Title:US OR: OPED: Measure 74 Brings Needed Regulation
Published On:2010-10-17
Source:Mail Tribune, The (Medford, OR)
Fetched On:2010-10-18 03:00:28
MEASURE 74 BRINGS NEEDED REGULATION

Virtually all who have evaluated Measure 74 agree that new steps need
to be taken to provide safe, reliable access to medical marijuana.
One way or another, Oregon will have to regulate the supply of this medicine.

If we don't seize this moment to step in and create a regulated
production and delivery system, we could soon find the situation with
medical marijuana spiraling out of control. Just ask the people of
Colorado or Los Angeles -- in each case, elected leaders were much
too slow to create sensible regulations. Only after chaos reigned did
they step in.

For Oregon's 40,000 doctor-approved patients, we think establishing
Measure 74's system of dedicated, nonprofit clinics -- similar to
pharmacies -- is the best choice.

Do we really expect the legislature to act without Measure 74? After
12 years with the existing medical marijuana law, there has been no
serious effort in Salem to create a legitimate supply. That's why
Measure 74 is necessary, and why passing it is so important.

Measure 74 will improve the quality of life for seriously ill
patients who qualify for medical marijuana under existing law. It
removes the fear and uncertainty patients face now, and will put a
stop to black-market profiteers exploiting patients for financial gain.

Measure 74 outlines the basic rules and legal structure to create
such a program, while requiring the Oregon Health Authority to write
strict rules that will allow the system to function properly. The
rulemaking process allows all interested parties to have significant
input: law enforcement, doctors, patients, local communities and others.

Opening a medical marijuana clinic would be a daunting task,
requiring real business acumen and the ability to manage what will
certainly be among the most heavily regulated businesses in Oregon.

As the first step, proposed clinics can only be operated by nonprofit
companies, which are monitored by the Oregon Department of Justice.
All the directors of the nonprofit must be Oregon residents, and
satisfy residency requirements that will be established by the Oregon
Health Authority. Those directors must also pass a criminal background check.

Measure 74 imposes substantial additional requirements: proposed
clinics must meet zoning laws, install a security system, and open
their premises and books to review and inspections. Medical marijuana
could be obtained only from licensed growers, and provided only to
certified patients. A record must be kept of every transaction, and a
10 percent gross receipts tax must be paid quarterly.

All of this is in addition to the standard list of tasks any business
must accomplish: licensing, hiring, payroll taxes, lease negotiations and more.

The number of clinics needed statewide is hard to calculate in
advance. Not all patients will use one. But all patients need
reasonable access to reliably obtain their medicine. Measure 74 gives
state regulators the ability to authorize or limit the number of
clinics as they see fit. That's a big contrast with the systems that
sprang up in some other states in the absence of regulation.

In drafting Measure 74, we have imposed a degree of regulation of
medical marijuana that far exceeds that of any other state. Measure
74 incorporates valuable lessons. Oregon's system under Measure 74
will be a model of safety and regulation for the entire nation.

We all feel compassion for seriously ill patients, and we all share
common concerns for implementing Measure 74 fairly and effectively,
while ensuring that medical marijuana clinics are a positive presence
wherever they operate. When Measure 74 passes in November, let's
agree to come together as Oregonians and make the system work.
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