Measure No. 67

Explanatory Statement

Arguments in Favor

Arguments in Opposition

Measure Contents Page

Proposed by initiative petition to be voted on at the General Election, November 3, 1998.

BALLOT TITLE

67

ALLOWS MEDICAL USE OF MARIJUANA WITHIN LIMITS; ESTABLISHES PERMIT SYSTEM

RESULT OF "YES" VOTE: "Yes" vote allows medical use of marijuana within specified limits; establishes state-controlled permit system.
RESULT OF "NO" VOTE: "No" vote retains Oregon criminal, civil forfeiture laws prohibiting possession, delivery and production of marijuana.
SUMMARY: Oregon statutes currently prohibit possession, delivery, production of marijuana. Measure allows engaging in, assisting medical use of marijuana, within specified limits.
Requires medical use be necessary to mitigate symptoms, effects of debilitating medical condition, including cancer, glaucoma, AIDS, HIV, multiple sclerosis, others. Establishes state permit system requiring physician's written proof. Within specified limitations, exempts permit holder or applicant from marijuana criminal statutes; authorizes criminal charge defense for medical use without permit.
Limits amounts of usable marijuana, number of plants that may be possessed. Other provisions.
ESTIMATE OF FINANCIAL IMPACT: Direct annual state expenditures are estimated at $147,000, based on the assumption that 500 applicants will register with the Oregon Health Division per year. Some or all of these costs may be offset by fees to be established by the Health Division as provided in the measure.

TEXT OF MEASURE

The Oregon Medical Marijuana Act

SECTION 1. Sections 1 through 19 of this Act shall be known as the Oregon Medical Marijuana Act.

SECTION 2. The people of the state of Oregon hereby find that:

(1) Patients and doctors have found marijuana to be an effective treatment for suffering caused by debilitating medical conditions, and therefore, marijuana should be treated like other medicines;

(2) Oregonians suffering from debilitating medical conditions should be allowed to use small amounts of marijuana without fear of civil or criminal penalties when their doctors advise that such use may provide a medical benefit to them and when other reasonable restrictions are met regarding that use;

(3) Sections 1 to 19 of this Act are intended to allow Oregonians with debilitating medical conditions who may benefit from the medical use of marijuana to be able to discuss freely with their doctors the possible risks and benefits of medical marijuana use and to have the benefit of their doctor's professional advice; and

(4) Section 1 to 19 of this Act are intended to make only those changes to existing Oregon laws that are necessary to protect patients and their doctors from criminal and civil penalties, and are not intended to change current civil and criminal laws governing the use of marijuana for nonmedical purposes.

SECTION 3. As used in sections 1 to 19 of this Act:

(1) "Attending physician" means a physician licensed under ORS chapter 677 who has primary responsibility for the care and treatment of a person diagnosed with a debilitating medical condition.

(2) "Debilitating medical condition" means:

(a) Cancer, glaucoma, positive status for human immunodeficiency virus or acquired immune deficiency syndrome, or treatment for these conditions;

(b) A medical condition or treatment for a medical condition that produces, for a specific patient, one or more of the following:

(i) Cachexia;

(ii) Severe pain;

(iii) Severe nausea;

(iv) Seizures, including but not limited to seizures caused by epilepsy; or

(v) Persistent muscle spasms, including but not limited to spasms caused by multiple sclerosis; or

(c) Any other medical condition or treatment for a medical condition adopted by the division by rule or approved by the division pursuant to a petition submitted pursuant to section 14 of this Act.

(3) "Delivery" has the meaning given that term in ORS 475.005.

(4) "Designated primary caregiver" means an individual eighteen years of age or older who has significant responsibility for managing the well-being of a person who has been diagnosed with a debilitating medical condition and who is designated as such on that person's application for a registry identification card or in other written notification to the division. "Designated primary caregiver" does not include the person's attending physician.

(5) "Division" means the Health Division of the Oregon Department of Human Resources.

(6) "Marijuana" has the meaning given that term in ORS 475.005.

(7) "Medical use of marijuana" means the production, possession, delivery, or administration of marijuana, or paraphernalia used to administer marijuana, as necessary for the exclusive benefit of a person to mitigate the symptoms or effects of his or her debilitating medical condition.

(8) "Production" has the same meaning given that term in ORS 475.005.

(9) "Registry identification card" means a document issued by the division that identifies a person authorized to engage in the medical use of marijuana and the person's designated primary caregiver, if any.

(10) "Usable marijuana" means the dried leaves and flowers of the plant Cannabis family Moraceae, and any mixture or preparation thereof, that are appropriate for medical use as allowed in sections 1 to 19 of this Act. "Usable marijuana" does not include the seeds, stalks and roots of the plant.

(11) "Written documentation" means a statement signed by the attending physician of a person diagnosed with a debilitating medical condition or copies of the person's relevant medical records.

SECTION 4. (1) Except as provided in sections 5 and 11 of this Act, a person engaged in or assisting in the medical use of marijuana is excepted from the criminal laws of the state for possession, delivery or production of marijuana, aiding and abetting another in the possession, delivery or production of marijuana or any other criminal offense in which possession, delivery or production of marijuana is an element if the following conditions have been satisfied:

(a) The person holds a registry identification card issued pursuant to this section, has applied for a registry identification card pursuant to subsection (9) of this section, or is the designated primary caregiver of a cardholder or applicant; and

(b) The person who has a debilitating medical condition and his or her primary caregiver are collectively in possession of, delivering or producing marijuana for medical use in the amounts allowed in section 7 of this Act.

(2) The division shall establish and maintain a program for the issuance of registry identification cards to person who meet the requirements of this section. Except as provided in subsection (3) of this section, the division shall issue a registry identification card to any person who pays a fee in the amount established by the division and provides the following:

(a) Valid, written documentation from the person's attending physician stating that the person has been diagnosed with a debilitating medical condition and that the medical use of marijuana may mitigate the symptoms or effects of the person's debilitating medical condition;

(b) The name, address and date of birth of the person;

(c) The name, address and telephone number of the person's attending physician; and

(d) The name and address of the person's designated primary caregiver, if the person has designated a primary caregiver at the time of application.

(3) The division shall issue a registry identification card to a person who is under eighteen years of age if the person submits the materials required under subsection (2) of this section, and one of the person's parents or legal guardians signs a written statement that:

(a) The person's attending physician has explained to the person and to one of the person's parents or legal guardians the possible risks and benefits of the medical use of marijuana;

(b) The parent or legal guardian consents to the use of marijuana by the person for medical purposes;

(c) The parent or legal guardian agrees to serve as the person's designated primary caregiver; and

(d) The parent or legal guardian agrees to control the acquisition of marijuana and the dosage and frequency of use by the person.

(4) A person applying for a registry identification card pursuant to this section may submit the information required in this section to a county health department for transmittal to the division. A county health department that receives the information pursuant to this subsection shall transmit the information to the division within five days of receipt of the information. Information received by a county health department pursuant to this subsection shall be confidential and not subject to disclosure, except as required to transmit the information to the division.

(5) The division shall verify the information contained in an application submitted pursuant to this section and shall approve or deny an application within thirty days of receipt of the application.

(a) The division may deny an application only for the following reasons:

(i) The applicant did not provide the information required pursuant to this section to establish his or her debilitating medical condition and to document his or her consultation with an attending physician regarding the medical use of marijuana in connection with such condition, as provided in subsections (2) and (3) of this section; or

(ii) The division determines that the information provided was falsified.

(b) Denial of a registry identification card shall be considered a final division action, subject to judicial review. Only the person whose application has been denied, or, in the case of a person under the age of eighteen years of age whose application has been denied, the person's parent or legal guardian, shall have standing to contest the division's action.

(c) Any person whose application has been denied may not reapply for six months from the date of the denial, unless so authorized by the division or a court of competent jurisdiction.

(6)(a) If the division has verified the information submitted pursuant to subsections (2) and (3) of this section and none of the reasons for denial listed in subsection (5)(a) of this section is applicable, the division shall issue a serially numbered registry identification card within five days of verification of the information. The registry identification card shall state:

(i) The cardholder's name, address and date of birth;

(ii) The date of issuance and expiration date of the registry identification card;

(iii) The name and address of the person's designated primary caregiver, if any; and

(iv) Such other information as the division may specify by rule.

(b) When the person to whom the division has issued a registry identification card pursuant to this section has specified a designated primary caregiver, the division shall issue an identification card to the designated primary caregiver. The primary caregiver's registry identification card shall contain the information provided in subsection 4(6)(a)(i)-(iv).

(7)(a) A person who possesses a registry identification card shall:

(i) Notify the division of any change in the person's name, address, attending physician or designated primary caregiver; and

(ii) Annually submit to the division:

(A) updated written documentation of the person's debilitating medical condition; and

(B) the name of the person's designated primary caregiver if a primary caregiver has been designated for the upcoming year.

(b) If a person who possesses a registry identification card fails to comply with this subsection, the card shall be deemed expired. If a registry identification card expires, the identification card of any designated primary caregiver of the cardholder shall also expire.

(8) A person who possesses a registry identification card pursuant to this section and who has been diagnosed by the person's attending physician as no longer having a debilitating medical condition shall return the registry identification card to the division within seven calendar days of notification of the diagnosis. Any designated primary caregiver shall return his or her identification card within the same period of time.

(9) A person who has applied for a registry identification card pursuant to this section but whose application has not yet been approved or denied, and who is contacted by any law enforcement officer in connection with his or her administration, possession, delivery or production of marijuana for medical use may provide to the law enforcement officer a copy of the written documentation submitted to the division pursuant to subsections (2) or (3) of this section and proof of the date of mailing or other transmission of the documentation to the division. This documentation shall have the same legal effect as a registry identification card until such time as the person receives notification that the application has been approved or denied.

SECTION 5. (1) No person authorized to possess, deliver or produce marijuana for medical use pursuant to sections 1 to 19 of this Act shall be excepted from the criminal laws of this state or shall be deemed to have established an affirmative defense to criminal charges of which possession, delivery or production of marijuana is an element if the person, in connection with the facts giving rise to such charges:

(a) Drives under the influence of marijuana as provided in ORS 813.010;

(b) Engages in the medical use of marijuana in a public place as that term is defined in ORS 161.015, or in public view;

(c) Delivers marijuana to any individual who the person knows is not in possession of a registry identification card; or

(d) Delivers marijuana for consideration to any individual, even if the individual is in possession of a registry identification card.

(2) In addition to any other penalty allowed by law, a person who the division finds has willfully violated the provisions of sections 1 to 19 of this Act or rules adopted under sections 1 to 19 of this Act may be precluded from obtaining or using a registry identification card for the medical use of marijuana for a period of up to six months, at the discretion of the division.

SECTION 6. (1) Except as provided in sections 5 and 11 of this Act, it is an affirmative defense to a criminal charge of possession or production of marijuana, or any other criminal offense in which possession or production of marijuana is an element, that the person charged with the offense is a person who:

(a) Has been diagnosed with a debilitating medication condition and been advised by his or her attending physician the medical use of marijuana may mitigate the symptoms or effects of that debilitating medical condition;

(b) Is engaged in the medical use of marijuana; and

(c) Possesses or produces marijuana only in the amounts allowed in section 7 (1) of this Act, or in excess of those amounts if the person proves by a preponderance of the evidence that the greater amount is medically necessary to mitigate the symptoms or effects of the person's debilitating medical condition.

(2) It is not necessary for a person asserting an affirmative defense pursuant to this section to have received a registry identification card in order to assert the affirmative defense established in this section.

(3) No person who claims that marijuana provides medically necessary benefits and who is charged with a crime pertaining to such use of marijuana shall be precluded from presenting a defense of choice of evils, as set forth in ORS 161.200, or from presenting evidence supporting the necessity of marijuana for treatment of a specific disease or medical condition, provided that the amount of marijuana at issue is no greater than permitted under section 7 of this Act.

SECTION 7. (1) A person who possesses a registry identification card issued pursuant to section 4 of this Act may engage in, and a designated primary caregiver of such a person may assist in, the medical use of marijuana only as justified to mitigate the symptoms or effects of the person's debilitating medical condition. Except as allowed in subsection (2) of this section, a registry identification cardholder and that person's designated primary caregiver may not collectively possess, deliver or produce more than the following:

(a) If the person is present at a location at which marijuana is not produced, including any residence associated with that location, one ounce of usable marijuana; and

(b) If the person is present at a location at which marijuana is produced, including any residence associated with that location, three mature marijuana plants, four immature marijuana plants and one ounce of usable marijuana per each mature plant.

(2) If the individuals described in subsection (1) of this section possess, deliver or produce marijuana in excess of the amounts allowed in subsection (1) of this section, such individuals are not excepted from the criminal laws of the state but may establish an affirmative defense to such charges, by a preponderance of the evidence, that the greater amount is medically necessary to mitigate the symptoms or effects of the person's debilitating medical condition.

(3) The Health Division shall define by rule when a marijuana plant is mature and when it is immature for purposes of this section.

SECTION 8. (1) Possession of a registry identification card or designated primary caregiver identification card pursuant to section 4 of this Act shall not alone constitute probable cause to search the person or property of the cardholder or otherwise subject the person or property of the cardholder to inspection by any governmental agency.

(2) Any property interest possessed, owned or used in connection with the medical use of marijuana or acts incidental to the medical use of marijuana that has been seized by state or local law enforcement officers shall not be harmed, neglected, injured or destroyed while in the possession of any law enforcement agency. No such property interest may be forfeited under any provision of law providing for the forfeiture of property other than as a sentence imposed after conviction of a criminal offense. Marijuana and paraphernalia used to administer marijuana that was seized by any law enforcement office shall be returned immediately upon a determination by the district attorney in whose county the property was seized, or his or her designee, that the person from whom the marijuana or paraphernalia used to administer marijuana was seized is entitled to the protections contained in sections 1 to 19 of this Act. Such determination may be evidenced, for example, be a decision not to prosecute, the dismissal of charges, or acquittal.

SECTION 9. No attending physician may be subjected to civil penalty or discipline by the Board or Medical Examiners for:

(1) Advising a person whom the attending physician has diagnosed as having a debilitating medical condition, or a person who the attending physician knows has been so diagnosed by another physician licensed under ORS chapter 677, about the risks and benefits of medical use of marijuana or that the medical use of marijuana may mitigate the symptoms or effects of the person's debilitating medical condition, provided the advice is based on the attending physician's personal assessment of the person's medical history and current medical condition; or

(2) Providing the written documentation necessary for issuance of a registry identification card under section 4 of this Act, if the documentation is based on the attending physician's personal assessment of the applicant's medical history and current medical condition and the physician has discussed the potential medical risks and benefits of the medical use of marijuana with the applicant.

SECTION 10. No professional licensing board may impose a civil penalty or take other disciplinary action against a licensee based on the licensee's medical use of marijuana in accordance with the provisions of sections 1 to 19 of this Act or actions taken by the licensee that are necessary to carry out the licensee's role as a designated primary caregiver to a person who possesses a lawful registry identification card issued pursuant to section 4 of this Act.

SECTION 11. Nothing in sections 1 to 19 of this Act shall protect a person from a criminal cause of action based on possession, production, or delivery of marijuana that is not authorized by sections 1 to 19 of this Act.

SECTION 12. (1) The division shall create and maintain a list of the persons to whom the division has issued registry identification cards pursuant to section 4 of this Act and the names of any designated primary caregivers. Except as provided in subsection (2) of this section, the list shall be confidential and not subject to public disclosure.

(2) Names and other identifying information from the list established pursuant to subsection (1) of this section may be released to:

(a) Authorized employees of the division as necessary to perform official duties of the division; and

(b) Authorized employees of state or local law enforcement agencies, only as necessary to verify that a person is a lawful possessor of a registry identification card or that a person is the designated primary caregiver of such a person.

SECTION 13. (1) If a person who possesses a registry identification card issued pursuant to section 4 of this Act chooses to have a designated primary caregiver, the person must designate the primary caregiver by including the primary caregiver's name and address:

(a) On the person's application for a registry identification card;

(b) In the annual updated information required under section 4 of this Act; or

(c) In a written, signed statement submitted to the division.

(2) A person described in this section may have only one designated primary caregiver at any given time.

SECTION 14. Any person may submit a petition to the division requesting that a particular disease or condition be included among the diseases and conditions that qualify as debilitating medical conditions under section 3 of this Act. The division shall adopt rules establishing the manner in which the division will evaluate petitions submitted under this section. Any rules adopted pursuant to this section shall require the division to approve or deny a petition within 180 days of receipt of the petition by the division. Denial of a petition shall be considered a final division action subject to judicial review.

SECTION 15. The division shall adopt all rules necessary for the implementation and administration of sections 1 to 19 of this Act.

SECTION 16. Nothing in sections 1 to 19 of this Act shall be construed to require:

(1) A government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of marijuana; or

(2) An employer to accommodate the medical use of marijuana in any workplace.

SECTION 17. The division may take any actions on or before the effective date of this Act that are necessary for the proper and timely implementation and administration of sections 1 to 19 of this Act.

SECTION 18. Any section of this Act being held invalid as to any person or circumstance shall not affect the application of any other section of this Act that can be given full effect without the invalid section or application.

SECTION 19. All provisions of this Act shall apply to acts or offenses committed on or after December 3, 1998, except that sections 4, 12 and 14 shall become effective on May 1, 1999.

EXPLANATORY STATEMENT

This measure changes current law to allow a person with a debilitating medical condition, verified by written proof from a physician, to engage in the medical use of marijuana. Current law prohibits possession, delivery or production of marijuana. This measure allows for the medical use, possession, delivery and production of limited amounts of marijuana, without pharmaceutical control (due to federal regulation), to alleviate the symptoms or effects of debilitating medical conditions, including cancer, glaucoma, AIDS, HIV, and other conditions.

This measure establishes a state registration system that issues cards to persons eligible to use marijuana for medical purposes. This measure also allows a person who qualifies to use marijuana for medical purposes to designate as a primary caregiver a person who has significant responsibility for managing his or her care. A designated primary caregiver is authorized to assist the qualified person in the use, possession, delivery and production of limited amounts of marijuana for authorized medical purposes. The designated primary caregiver must be identified on the identification card provided to the qualified person. For minors the designated primary caregiver must be a parent or guardian.

Current criminal penalties for the possession, delivery or production of marijuana, and for aiding and abetting another in the possession, delivery or production of marijuana, remain in effect. A person who qualifies or has applied for medical use of marijuana is excepted from these state laws. This measure creates an affirmative defense to state criminal charges of possession or production or marijuana for a person who is diagnosed with a debilitating medical condition, is engaged in the medical use of marijuana and possesses marijuana in an amount permitted under this measure.

A person authorized to engage in the medical use of marijuana under this measure remains subject to criminal prosecution if he or she drives under the influence of marijuana, engages in the medical use of marijuana in a public place or in public view, delivers marijuana to any person not in possession of an identification card or delivers marijuana to any person for money or other consideration.

This measure also prohibits any professional licensing board from taking disciplinary action against or imposing a civil penalty upon a licensee based upon the licensee's authorized medical use of marijuana or actions taken by the licensee as the designated primary caregiver of a person authorized to use marijuana for medical purposes. It also prohibits penalizing or disciplining any attending physician for advising a person diagnosed by a physician as having a debilitating condition about the risks, benefits and possible effects of the medical use of marijuana if the advice is based upon the physician's personal assessment of the person's medical history and current condition. In addition, this measure prohibits penalizing or disciplining any attending physician for providing the written documentation necessary for issuing a registry identification card under this measure.

This measure does not require governmental medical assistance plans or private health insurers to reimburse a person for the costs resulting from the medical use of marijuana.
Committee Members:Appointed by:
George EighmeyChief Petitioners
Todd OlsonChief Petitioners
Sheriff Dan Noelle*Secretary of State
Dr. Cornilia TaylorSecretary of State
Representative Lane ShetterlyMembers of the Committee

*Member dissents (does not concur with explanatory statement)

(This committee was appointed to provide an impartial explanation of the ballot measure pursuant to ORS 251.215.)

ARGUMENT IN FAVOR

My name is Stormy Ray. I am a grandmother of five. One day in 1985, my legs stopped working. I sat down in the street and dragged myself to my car.

I endured nearly a year of frantic testing before doctors diagnosed my multiple sclerosis. To treat my fatigue, nerve pain, and digestive problems, my doctor prescribed numerous drugs.

For years, I lived my life in a haze from all of the different drugs. I could not function. My self-esteem plummeted and I became bedridden, a recluse from life for six years. After 31 years of a healthy, active lifestyle, I felt my life was over.

By 1991, I was dying. Doctors were unable to treat the chronic migraine headaches that were killing me. My constant pain caused severe vomiting. This led to numerous trips to the emergency room where I was pumped full of morphine, Demerol, and other mind-altering drugs.

Medical marijuana is the only medicine that has helped to restore my dignity and quality of life.

If not for medical marijuana, I would be residing in a nursing home-unable to function, suffering unbearable pain.

Now, I face a dilemma. The choice is to live in unbearable pain or fear arrest if I use marijuana as medicine.

That's not a choice I should have to make.

I have a lot to live for...my daughter... my family... all my hopes and dreams. Medical marijuana may be the only medicine that gives me a fighting chance.

I am not alone. There are thousands of patients like me-- people suffering from cancer, AIDS, glaucoma, epilepsy, and a host of other diseases or illnesses that threaten their lives.

Patients should have the right to use any medical means necessary to control our diseases. We should be able to talk to our doctors about whether or not marijuana will help us.

Please vote YES on MEASURE 67.

Stormy Ray

Chief Petitioner

(This information furnished by Stormy Ray, Oregonians for Medical Rights.)

(This space purchased for $300 in accordance with ORS 251.255.)
The printing of this argument does not constitute an endorsement by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument.

ARGUMENT IN FAVOR

"The examination room is a sanctuary...the war on drugs does not belong there."

--Richard E. Bayer, M.D., FACP

I have seen many patients benefit from the medical use of marijuana. If it were legal to do so, physicians would recommend marijuana to suffering patients, many of whom are terminally ill.

Today, the law prevents us from helping patients who could benefit from this treatment option. The examination room is for treating patients­it should not serve as the battlefield for the war on drugs. The decisions of dying and suffering patients should be respected.

That's why I am a chief petitioner of Measure 67­The Oregon Medical Marijuana Act. This moderate proposal exempts patients with serious illnesses from Oregon criminal law when using marijuana under doctor supervision.

Patients with cancer find marijuana controls their vomiting, allowing them to continue chemotherapy. Patients find marijuana helps the "wasting syndrome" that often characterizes AIDS. Patients with spinal injuries and multiple sclerosis find relief from severe muscle spasms (spasticity) that complicate nerve damage. Patients with glaucoma have derived benefit from marijuana when conventional treatments have failed.

Dying and suffering patients should not be arrested for using medical marijuana under doctor supervision. This simple statement can be agreed upon by most of you, who like me, are not experts in the "politics of marijuana" or "drug policy reform," and do not support the legalization of marijuana for recreational use.

Measure 67 is about the rights of dying and suffering patients. Patients and their physicians should be able to discuss every treatment option. Measure 67 simply allows patients with debilitating illnesses to use a medicine that may help their condition­free from fear of arrest and incarceration.

Measure 67 is a moderate law with clear safeguards designed to protect dying and suffering patients and allow the use of medical marijuana under a doctor's care.

Please join me in Voting YES on 67.

Richard E. Bayer, M.D., FACP

Chief Petitioner

(This information furnished by Richard E. Bayer, M.D., Oregonians for Medical Rights.)

(This space purchased for $300 in accordance with ORS 251.255.)
The printing of this argument does not constitute an endorsement by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument.

ARGUMENT IN FAVOR

FACTS ABOUT THE OREGON MEDICAL MARIJUANA ACT:

Protect Patients... Vote Yes on Measure 67

The Oregon Medical Marijuana Act allows patients suffering from cancer, glaucoma, AIDS, multiple sclerosis, and other serious diseases­with physician written approval­to use marijuana to relieve their symptoms.

Measure 67 Requires Physician Approval to Use Medical Marijuana

Not just anyone can use marijuana and claim a medical need. To use medical marijuana legally in their treatment, patients must get their medical doctor's approval in writing. Such approval entitles patients to receive a permit from the state health division.

This permit will also inform law enforcement officials that the patient has a legitimate medical need for marijuana, preventing unnecessary arrests of dying and suffering patients.

What the Oregon Medical Marijuana Act Does Not Allow:

VOTE YES ON MEASURE 67

Protect Dying and Suffering Patients.

(This information furnished by Amy K. Klare, Oregonians for Medical Rights.)

(This space purchased for $300 in accordance with ORS 251.255.)
The printing of this argument does not constitute an endorsement by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument.

ARGUMENT IN FAVOR

New England Journal of Medicine Supports the Medical Use of Marijuana

"The advanced stages of many illnesses and their treatments are often accompanied by intractable nausea, vomiting, or pain. Thousands of patients with cancer, AIDS, and other diseases report they have obtained striking relief from these devastating symptoms by smoking marijuana."

"...I believe that a federal policy that prohibits physicians from alleviating suffering by prescribing marijuana for seriously ill patients is misguided, heavy-handed, and inhumane."

"...It is also hypocritical to forbid physicians to prescribe marijuana while permitting them to use morphine and meperidine to relieve extreme dyspnea and pain."

"...Federal authorities should rescind their prohibition of the medical use of marijuana for seriously ill patients and allow physicians to decide which patients to treat. The government should change marijuana's status.....and regulate it accordingly."

" ...Some physicians will have the courage to challenge the continued proscription of marijuana for the sick. Eventually, their actions will force the courts to adjudicate between the rights of those at death's door and the absolute power of bureaucrats whose decisions are based more on reflexive ideology and political correctness than on compassion."

REFERENCE:Editorial by New England Journal of Medicine Editor Dr. Jerome Kassirer, Jan. 30, 1997

(This information furnished by Geoff Sugerman, Oregonians for Medical Rights.)

(This space purchased for $300 in accordance with ORS 251.255.)
The printing of this argument does not constitute an endorsement by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument.

ARGUMENT IN FAVOR

VOTE YES ON MEASURE 67! IT'S A REASONABLE RESPONSE TO AN UNREASONABLE SITUATION

Did you know that under current state and federal law marijuana is classified as a Schedule I controlled substance and may not be prescribed for medical use by doctors? Did you know that more dangerous drugs--such as morphine, cocaine and amphetamines--are available for medical use because they are classified as Schedule II controlled substances or lower?

Despite mounting evidence that marijuana can help patients with glaucoma, AIDS, cancer, multiple sclerosis, and other conditions, the federal Drug Enforcement Administration continues to block research on the beneficial effects of marijuana. Oregon can't change federal law, but we can decide how state and local law enforcement officials will treat the medical use of marijuana.

MEASURE 67 WILL EASE HARASSMENT OF PATIENTS

Patients whose medical conditions are eased by marijuana should not be arrested and sent to jail. That's why the American Civil Liberties Union (ACLU) of Oregon helped write Measure 67. And that's why we urge you to support this initiative.

MEASURE 67 IS A SAFE, MODERATE LAW

Here are some of the important safeguards included in Measure 67:

VOTE YES ON MEASURE 67! IT'S A REASONABLE RESPONSE TO AN UNREASONABLE SITUATION

(This information furnished by Jann Carson, American Civil Liberties Union (ACLU) of Oregon.)

(This space purchased for $300 in accordance with ORS 251.255.)
The printing of this argument does not constitute an endorsement by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument.

ARGUMENT IN FAVOR

Nurses Stand by Their Patients By Supporting Measure 67

Nurses are compassionate healers who care deeply for our dying and suffering patients. We are also advocates for our patients' medical needs.

That is why many nurses support Measure 67.

There Are Volumes of Data That Prove Medical Marijuana Works.

A vast and ever-expanding body of medical knowledge details the many medicinal benefits of marijuana. Many more volumes speak of widespread, safe use by patients with the quiet understanding and tacit approval of doctors and nurses everywhere.

Unfortunately, science and ethics have taken a back seat to political posturing. Patients and their families are the losers when politics replaces public policy.

Today, Our Patients Must Live in Fear.

Today, dying and suffering patients live in fear. Under current law, medical marijuana patients are arrested, prosecuted, fined and even jailed for using a safe medicine which relieves pain, spasticity, nausea and a host of other debilitating conditions. This is wrong!

As nurses, we stand beside our patients by supporting Measure 67 to allow dying and suffering patients the right to use medicinal marijuana.

Measure 67 Ends the Injustice Patients Face

Measure 67 begins to address this tragic social injustice by allowing seriously ill Oregonians the right to legally use marijuana as medicine if they register with the Oregon Health Division and are under the care of a physician. By passing Measure 67, voters will acknowledge that this safe and effective medicine should be available for medical use.

It also represents an awareness by the people of Oregon that turning patients into criminals is inconsistent with the ethics we live by.

For the sake of our patients, please join nurses across Oregon in supporting the Oregon Medical Marijuana Act.

Please Vote Yes on Measure 67.
Edward Glick, RNKaren Hughes, RNDana McGlohn, RN
Donna Heavrin, RNCameron Lowder, RNKerry Self, RN
Karen Daley, RNLinda Lindsey, RNBruce Penner, RN
Dianne Cassidy, RN

(This information furnished by Edward Glick, RN.)

(This space purchased for $300 in accordance with ORS 251.255.)
The printing of this argument does not constitute an endorsement by the State of Oregon, nor does the state warrant the accuracy or truth of any statement made in the argument.

ARGUMENT IN FAVOR

Physicians Support Measure 67

As medical professionals, we support the rights of our patients to use medicines that might help them treat their debilitating illnesses. That's why we urge you to vote YES on Measure 67, the Oregon Medical Marijuana Act.

For many centuries, patients have used marijuana (cannabis) as medicine, achieving positive results for the treatment of a variety of conditions. Even as medical technology has improved, many dying and suffering patients are afflicted with debilitating conditions for which the responsible use of marijuana as medicine might help.

Many patients with cancer, glaucoma, AIDS, multiple sclerosis, spinal cord injuries and other serious illnesses report significant relief from their symptoms by using marijuana as medicine.

Numerous articles in respected medical journals such as the New England Journal of Medicine and the Journal of the American Medical Association point to the same conclusions: Marijuana as medicine works for many patients (see Measure 67, Oregon Medical Marijuana Act, web site at http://www.teleport.com/~omr).

However, at this time, the federal government has classified marijuana as a substance that cannot be prescribed by physicians...even though we can prescribe powerful drugs such as morphine. The editor in chief of the New England Journal of Medicine (1/30/97), Dr. Jerome Kassirer wrote "a federal policy that prohibits physicians from alleviating suffering by prescribing marijuana for seriously ill patients is misguided, heavy-handed and inhumane." We agree.

Measure 67, the Oregon Medical Marijuana Act, allows dying and suffering patients the right to use marijuana as medicine under doctor supervision. It does not change other drug laws. Measure 67 simply provides a safe harbor to protect seriously ill patients from arrest if their physician states marijuana "might help" their debilitating condition.

Please join us in voting yes on Measure 67.

Charles M. Grossman, M.D.

David M.. Smith, M.D.

Michael J. Veverka, M.D.

Richard E. Bayer, M.D.

Stephen R. Enloe, M..D.

Euan Horniman, M.D.

(This information furnished by Richard E. Bayer, M.D., Oregonians for Medical Rights.)

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ARGUMENT IN FAVOR

In 1982, I was diagnosed with multiple sclerosis.

For 12 years the disease remained in remission, allowing me to continue my work as a nurse, a profession I had worked in for 20 years.

I used those 12 years to enjoy life ­ climbing mountains, rafting Oregon's rivers, living an active life ­ because I knew any day things could change.

In 1994, my disease worsened.

I began to lose the ability to function free from pain and the crippling spasms of MS.

I had to quit my job and go on social security disability.

It was during this time I began to use medical marijuana. The benefits were immediate.

It was the only medicine I could take that significantly relieved the muscle spasms.

As a nurse and a patient, I can tell you with certainty that the debilitating conditions of my disease would be unbearable if I did not use marijuana as medicine.

I am not alone.

I have known many other patients who have successfully used this medicine to help control their disease or illness.

I hope Oregonians pass Measure 67, if only to send a message to the federal government: Doctors should be allowed to prescribe medical marijuana to their patients.

I do not want to live in fear of arrest or prosecution because the government has political reasons to arbitrarily outlaw the medical use of marijuana.

I don't want to have to buy the only medicine that helps me from underground drug dealers in back alleys.

Please Vote Yes on Measure 67.

Patients like me are counting on your support.

Thank you.

Jeanelle Bluhm

(This information furnished by Jeanelle Bluhm, Oregonians for Medical Rights.)

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ARGUMENT IN OPPOSITION

"Medical Marijuana Scam"

focc.org/

Who's lying? Snake-oil salesmen, wanting to get high, ....or us?

"Adults" confuse children calling smoked marijuana, "medicine", implying it's good for you.

Speaking of legalizing marijuana for chemotherapy patients, Keith Stroup, founder, twice executive director of National Organization for the Reform of Marijuana Laws, said:

"we'll be using the issue as a red herring to give marijuana a good name.

interview (2/6/79) with the "Emory Wheel", ("Normal Chairman Keith Stroup on Pot Issues)

Dick Cowen, National Director of NORML, while at a conference celebrating the anniversary of LSD, stated:

"The key to it [legalization of marijuana, for personal use] is medical access. Because, once you have hundreds of thousands of people using marijuana medically under medical supervision, the whole scam is going to be bought .... then we'll get medical, then, we'll get full legalization."

Videotape, "Medical Marijuana: A Smokescreen"
GO Media Companies, P.O. Box 32786, Phoenix, AZ 85064

Don't Legitimize Marijuana! Vote NO!

(This information furnished by John E. English, Director, For Our Children's Children.)

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ARGUMENT IN OPPOSITION

My name is Stanley Fields and I am a recovering Addict. I've been in recovery for over 13 years and we, that have have attained long term recovery from addiction, understand this issue as good, if not better than most Oregonians. I was almost dead at the age of 27 from chronic substance abuse.

It started with marijuana and I was a frequent marijuana smoker for more than a decade ... It robbed me of everything good in life. Some say that marijuana is a soft drug and it really doesn't cause much harm and I say how would you feel about the airline pilot, flying your plane, that just smoked a little harmless marijuana? Or the bus driver taking your children to school? The message I received, as a kid was that drugs like marijuana, were illegal and they would mess up my life. The people that gave me that message were dead right ... schoolteachers and leaders in my community all sent that message and unfortunately I didn't listen.

This measure sends the message to our children that smoking marijuana is ok, that it's a harmless herb used for centuries and that it has medicinal use. Not one credible scientific organization has deemed marijuana useful. Can you think of one medically useful drug that has ever had to go to a vote of the people for approval? There are some well meaning but severely misguided people who believe that we should legalize drugs and they are using the medical issue to further that cause. If drugs would have been legal when I was growing up I would be dead now.

Don't let marijuana rob our children's growing and developing minds the opportunity to be as healthy as they can be. Don't be fooled by a well-financed campaign of misinformation. I urge you to vote NO on Measure 67.

Stanley Fields

Recovering Addict

(This information furnished by Stanley Fields.)

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ARGUMENT IN OPPOSITION

MEASURE 67 WOULD PREVENT POLICE AND PROSECUTORS FROM DOING THEIR JOB ­ FIGHTING CRIME.

MEASURE 67 IS NOT ABOUT SICK PEOPLE OR WHETHER MARIJUANA QUALIFIES AS MEDICINE. IT IS AN ATTEMPT TO LEGALIZE A VERY DANGEROUS DRUG. OUT-OF-STATE BACKERS WHO WANT TO LEGALIZE ALL DRUGS ARE PLAYING UPON OREGON'S COMPASSION FOR SERIOUS ILLNESS.

UNDER MEASURE 67, YOUR NEXT DOOR NEIGHBOR WOULD BE ALLOWED TO GROW MARIJUANA FOR SELF-MEDICATION. THIS IS NOT ABOUT A MARIJUANA PRESCRIPTION FROM THE PHARMACY. THERE ARE NO EFFECTIVE LIMITS OR CONTROLS ON HOW MUCH MARIJUANA IS GROWN.

TODAY'S MARIJUANA IS MUCH STRONGER THAN POT SMOKED IN THE 60's or 70's.

MEASURE 67 INCLUDES PROTECTION FOR USERS IN THE WORK PLACE AND IN SCHOOLS.

I BELIEVE THAT MARIJUANA IS BAD MEDICINE FOR OREGON.

VOTE NO ON MEASURE 67.

(This information furnished by Dan Noelle, Multnomah County Sheriff.)

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ARGUMENT IN OPPOSITION

MEASURE 67 -- NO LIMITS, NO CONTROLS

We do not want our neighbors next door growing pot for the whole family. This is unacceptable. Measure 67 is unacceptable. Marijuana is a dangerous drug and we should treat it accordingly.

We do not want children becoming dependent on drugs -- legally or otherwise.

Measure 67 sends the wrong message to our children. How do we tell children marijuana is bad when we label it medicine?

SMOKING MARIJUANA INHIBITS BOTH INTELLECTUAL AND PHYSICAL GROWTH IN YOUNG PEOPLE.

LEGALIZING MARIJUANA IS BAD FOR OREGON.

ENCOURAGING YOU TO DO IT IN THE NAME OF MEDICINE IS DECEPTIVE.

IT IS NOT ABOUT MEDICINE, IT IS ABOUT LEGALIZING DRUGS!

VOTENOONMEASURE67

(This information furnished by Terry Hensley, Save Our Society from Drugs.)

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ARGUMENT IN OPPOSITION

THE STRAIGHT FACTS ABOUT MARIJUANA.

SMOKING MARIJUANA CIGARETTES IS NOT GOOD MEDICINE FOR ANYONE.

VOTE NO ON MEASURE 67.

(This information furnished by Roger Burt, MS.)

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ARGUMENT IN OPPOSITION

Oregonians care about people; they are compassionate. But Measure 67 is not about compassion and marijuana is not medicine.

Oregon voters can show they care for those who are suffering without voting to legalize marijuana. Voting against Measure 67 doesn't mean you don't care. Voting against Measure 67 means YOU DO CARE ABOUT:

OUR SCHOOLS:

Marijuana use by Oregon 8th graders has tripled since 1990, and is 36% above the national average. Research shows marijuana users have more problems with learning, memory, concentration, and behavior.

OUR CHILDREN AND FAMILIES:

Measure 67 allows children to smoke marijuana. Smoking marijuanaaffects the brain and leads to impaired short-term memory, perception, judgement and motor skills. Research in Oregon shows marijuana is now the #1 drug of abuse for teenagers entering drug treatment programs.

Measure 67 will increase everyone's access to marijuana, young and old alike.

OUR WORKPLACES:

The #1 reason Oregon employees fail drug tests is marijuana.

Currently 73% of all users of illegal drugs, including marijuana, are employed.

Measure 67 will increase drug use in the workplace creating significant safety hazards.

OUR HEALTH:

Lung damage from smoking one marijuana cigarette is equal to the damage from 14 tobacco cigarettes. The American Lung Association reports that marijuana contains at least 50% more cancer causing agents than cigarettes. FDA approved prescription medications are proven safer and more effective than marijuana for treating any medical condition.

Measure 67 allows people to smoke marijuana in any amount, any potency, any time, without a written prescription.

IF YOU REALLY CARE, VOTE NO ON MEASURE 67

(This information furnished by Jennifer Hudson, Oregonians Against Dangerous Drugs.)

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ARGUMENT IN OPPOSITION

ARGUMENT IN OPPOSITION TO MEASURE 67

The Board of Directors for Southern Oregon Drug Awareness (SODA) oppose Measure 67 for the following reasons:

1. There are over 400 chemicals in marijuana, many of them harmful. Scientific research has found only one, THC, has any medicinal value.

2. Synthetic THC, Marinol, is already available and can be prescribed by physicians. SODA has no problem with medically sound drugs. For example, Oregon has a high per capita use of prescribed morphine. This means we are working to relieve pain. As a drug, marijuana has no similar scientific validity. Marijuana has been rejected as medicine by several noted health organizations including the American Medical Association, American Cancer Society and the Multiple Sclerosis and Glaucoma Societies.

3. The measure permits 3 mature and 4 immature plants, much more than what would be necessary for the use of one person, medicinal or otherwise. On the average, one plant produces 3-4 pounds; one joint is one-half gram. 28 grams equal 1 ounce for a potential 896 joints per pound.

4. The THC content of marijuana is 1400% stronger today than the 1960s. Smoked marijuana interferes with functions in the brain causing memory, learning, perception and judgment problems.

5. Research documents that when a drugs use is perceived as being high risk, usage of the drug goes down. When a drugs use is perceived as being low risk, usage of the drug goes up. We want to decrease use by kids; passage of Measure 67 would send the wrong message to youth.

6. Research shows that among the conditions which put youth at-risk for drug use are community standards which are tolerant of use and adult attitudes that are favorable toward use. Passage of Measure 67 would send the wrong message to youth.

Measure 67 isn't good public health policy. It isn't good medicine. It isn't good social policy. SODA opposes Measure 67.

(This information furnished by Stephanie Soares Pump, Executive Director, Southern Oregon Drug Awareness.)

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ARGUMENT IN OPPOSITION

OREGON POLICE CHIEFS FOR SAFER COMMUNITIES URGE YOU TO REJECT MARIJUANA AS THE DANGEROUS DRUG THAT IT IS, BY VOTING NO ON BALLOT MEASURE 67.

MARIJUANA IS A NOT MEDICINE.

MARIJUANA IS A DANGEROUS DRUG.

VOTE NO ON 67 TO MAINTAIN SAFE, LIVABLE COMMUNITIES

OREGON DOES NOT NEED MARIJUANA AS MEDICINE.

JOIN OREGON POLICE CHIEFS FOR SAFER COMMUNITIES IN TELLING THOSE OUT-OF-STATE MILLIONAIRES THAT OREGON WON'T STAND FOR LEGALIZING DANGEROUS DRUGS.

VOTE NO ON MEASURE 67.

(This information furnished by Mike Cahill, Oregon Police Chiefs For Safer Communities.)

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ARGUMENT IN OPPOSITION

Oregonians have always been concerned with providing good medicine to meet the medical needs of its citizens. However, ballot measure 67 which attempts to legalize marijuana as a medicine does not meet the medical needs of Oregonians nor does it qualify as good medicine.

Claims of benefits pale when compared to real data. The NIH Institute on Allergy and Infectious Disease doesn't feel marijuana is effective due to problems with drug absorption from smoking, present of carcinogenic compounds and contamination due to salmonella and fungal spores. The National Eye Institute reports, "there is no scientifically verifiable evidence that marijuana or its derivatives are safe and effective in the treatment of glaucoma." Their research shows no evidence that it can safely lower intraocular pressure in order to prevent optic nerve damage.

President Harmon J. Eyre of the American Cancer Society has commented regarding treatment of nausea from cancer treatment with marijuana. He states that there is "no reason to support the legalization of marijuana for medical use." Joanne Schellenback of the American Cancer Society says that, "there are ample legal pharmaceuticals available... which don't present the medical problems caused by inhaling."

In a 1994 study published in Clinical Pharmacology and Therapeutics, multiple sclerosis patients who smoked a single marijuana cigarette experienced increased posture problems, decreased response speed and further impaired posture and balance. The National Institute of Neurological Disorders and Stroke stated, "There is no evidence that marijuana is effective in modifying the course of MS."

The biggest mistake of this policy is that it ignores the many resources and valid treatments available to Oregonians for their medical pain and suffering. Ballot Measure 67 attempts to replace sound and effective therapies with a mythological substitute.

What Oregonians want is real medicine for their real medical problems. We urge all Oregonians to pursue good treatments from the time tested halls of medicine. Let's not make the mistake of using the ballot box to fashion bad medicine.

VOTE NO ON BALLOT MEASURE 67

(This information furnished by Mike Howden, Oregon Physicians Resource Council.)

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ARGUMENT IN OPPOSITION

OREGON PEACE OFFICERS ASSOCIATION URGES YOU TO REJECT MARIJUANA AS THE DANGEROUS DRUG THAT IT IS BY VOTING NO ON BALLOT MEASURE 67.

Measure 67 would change Oregon law, making it legal for people with "debilitating medical conditions" to grow their own marijuana for self-medication, with minimal medical supervision. "Debilitating medical conditions" includes anything that constitutes severe pain or persistent muscle spasms.

Marijuana is not medicine. Marijuana is a dangerous drug. Measure 67 requires that marijuana be exempt from the approval of the U.S. Food and Drug Administration, which governs all prescription drugs. This would set a very dangerous precedent, undermining the FDA's safe and effective guarantee system that Americans have relied upon for decades.

Common sense tells us that if cultivation and possession of marijuana is allowed for "medical" use, illegal use will increase as well. Law enforcement officials and medical professionals overwhelmingly reject measures such as these, which will increase young people's access to dangerous drugs.

Measure 67 actually allows a legal defense for persons who use, deliver and grow marijuana without possessing a state permit if they claim to suffer from a debilitating medical condition. With the exception of large commercial operations, it will be impossible to prosecute marijuana violations.

67 is a poorly drafted measure which appears to set rules and limits as to the possession, delivery, and cultivation of marijuana, however there are broad exceptions written into key provisions of the measure. These exceptions, some of which are detailed above, cancel out the rules and limits, thereby making enforcement of any marijuana laws not only impractical, but virtually impossible.

MEASURE 67 DOESN'T MAKE SENSE. DON'T LET THE OUT-OF-STATE PRO-LEGALIZATION MOVEMENT MAKE ITS MARK IN OREGON.

VOTE NO ON MEASURE 67.

(This information furnished by Pat Harmon, Oregon Peace Officers Association.)

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ARGUMENT IN OPPOSITION

Measure 67 is not about caring for sick and dying people

Measure 67 is about legalizing dangerous drugs

Oregon must just say "No" to this ill-conceived concept. When you read the measure, you won't be fooled.

Oregon wants to fight crime. So why create an environment where drugs will be readily available for "medicinal" and other uses? Instead of stopping crime, Measure 67 would be encouraging criminal activity and eroding the fabric of our society.

It is not a question of compassion. Oregonians care deeply about our neighbors and friends. There is no question that we want critically ill patients to get the best care available. That is why we must reject Measure 67, for the fact that there are FDA approved safe and affective drugs on the market to treat pain. None of these need to be smoked. Since when does the responsibility fall on voters to decide which drugs work?

Just look at the supporters of this measure. The majority of their money is from out-of-state donors who are known drug legalization advocates (per state C & E reports). They will be spending millions of dollars, and in the process destroying lives and families.

We cannot afford to gamble with our children's future by making drugs more accessible.

SAVE OUR CHILDREN, SAVE OUR FAMILIES, SAVE OUR WAY OF LIFE.

VOTE "NO" ON MEASURE 67

(This information furnished by Lou Beres, Executive Director, Christian Coalition of Oregon.)

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