[Bad Habits]

Reviewing House Bill 3400 which passed both chambers of the legislature handedly with broad bipartisan support and was signed into law by Governor Kate Brown.

The Good:

- Unlawful delivery and unlawful possession: reduced from a Class C felony to a Class A misdemeanor.

- Unlawful manufacturing and unlawful delivery to a minor: reduced from a Class B felony to a Class C felony.

- Unlawful possession by a minor of more than 8 ounces of usable marijuana; more than 16 ounces of solid marijuana products; or more than 72 ounces of marijuana in liquid form: reduced from a Class C felony to a Class A Misdemeanor.

- Retroactively improving the record of past marijuana offenses. Those convicted of harsh punishment in the past may be set aside their old convictions to match the lower classification.
Expungement of convictions for unlawful manufacturing and delivery to a minor: changed from ineligible for expungement to eligible after 3 years.

- Possession limits from medical growers increased: 12 pounds per plant for outdoor growers, 6 pounds per plant for indoor cultivators.
Medical growers may be reimbursed for all of the costs associated with the production of marijuana, instead of just supplies and utilities.

The Bad:

- Starting on March 1, 2016, no residential grow site within city limits may cultivate more than 12 mature plants. This effectively reduces the number of patients at two. Previously every grower could cultivate for four patients (24 mature plants) and there wasn’t a limit on how many growers could be listed at each grow site. Grow sites growing more than 12 plants in urban residential areas as of January 1, 2015, are grandfathered up to 24; sites growing more than 48 in non-urban residential areas are grandfathered up to 96 plants.

- Starting on March 1, 2016, no non-residential grow site may cultivate more than 48 mature plants. This effectively reduces the number of patients at these grow sites to 8.

- Potential inspections from the Oregon Health Authority that can infringe on people’s constitutional rights to privacy in their home.
Growers must report plant numbers, harvest totals and all disbursement to the OHA.

- Local tax option of 3% is also contrary to the will of Oregon voters and will push the price of cannabis up higher, hurting the ability for the regulated system to compete with the unregulated system.

The Ugly:

- Hundreds, if not thousands of sick and disabled patients will lose their grower and supply of medicine due to the new grow site plant limits. Many growers will lose the ability to cultivate for as many patients do to new limits being put in place and a lot of growers will balk at the new inspection and reporting requirements. If patient plant numbers weren’t limited, compassionate growers would be able to swoop up those patients; but, because of the bad provisions in HB 3400, too many patients that lose their growers will now suffer.

- Cities and counties that didn’t support Measure 91 with at least 45% of the vote can ban medical marijuana dispensaries as well as retail , retailers, growers and processors without a vote of the public. This local banning provision is contrary to the will of the voters that passed Measure 91 and is a bad policy that will only hurt patients’ safe access to medicine and the state’s attempt to curtail the unregulated market.



source: https://marijuanapolitics.com/oregon-...ation-roundup/

[Bad Habits]

The fact that OHA can conduct inspections on MMJ patients/caregivers homes/grow facilities without a warrant is a blatant disregard of The Constitution IMO.

[BoldAsLove]

I'm no legal/political expert, but it sounds like the old 1 cubic foot rule for immature plants might be out the window.

From the opening "definitions" of the bill:

[(9) “Immature marijuana plant” means a marijuana plant with no observable flowers or buds.]
(11) “Immature marijuana plant” means a marijuana plant that is not flowering.

Since they made changes to the OMMP rules, I could imagine this becoming law for both medical and recreational grows.

Tweezers anyone?

[Bad Habits]

Originally Posted by BoldAsLove

I'm no legal/political expert, but it sounds like the old 1 cubic foot rule for immature plants might be out the window.

From the opening "definitions" of the bill:

[(9) “Immature marijuana plant” means a marijuana plant with no observable flowers or buds.]
(11) “Immature marijuana plant” means a marijuana plant that is not flowering.

Since they made changes to the OMMP rules, I could imagine this becoming law for both medical and recreational grows.

Tweezers anyone?

If that's true, that would be awesome. No more worrying about arbitrary definitions. Are you sure this doesn't only apply to rec grows though?

[BoldAsLove]

I'm definitely not certain about that.

Here's the link to the bill if someone has the knowledge and time:

https://olis.leg.state.or.us/liz/201...ocument/HB3400

[BoldAsLove]

I believe it does count for the OMMP.

This is under the OMMA portion of the bill:

Section 80
(10) “Immature marijuana plant” means a marijuana plant that is not flowering.

[J20C]

Seriously, OHA being able to walk into my house and fine me if I refuse is utter BS and not acceptable to any degree what so ever.

Gonna force medical back to outlaws just as we were to begin with.

[Obsidian]

you people are reading the laws wrong, you reading comprehension is lacking big time...these laws are for recreational licensed growers and do not affect the home grower.

They (OHA) can not come to your house and inspect your rec grow. They can only inspect licensed grows...read and re read the laws!!!

yes they do effect the OMMP growers also, but that's if one ops into the rec model. read and re read. I've spent countless hours over and over understanding this from a OMMP point of view, and yeah it sucks, but know this...It is for the rec license model not the ommp, it only affects you as OMMP if you opt to grow both ommp and rec together as a licensed recreational producer who wishes to sell to the rec market, you can include your ommp canopy in the rc model allowing one to sell ommp to rec shops, if you do that well then you are fucked, even so the new ommp grow limits will hurt, but we will survive.
read carefully...

[Obsidian]

just for your info if you are not OMMP and growing for rec personal you can grow 4 large legally as long as your city has not banned outdoor or indoor growing.
Now if you are OMMP you grow your 6 and you get to grow your 4 rec also, plus there is the possession laws also, and other minor changes that allow OMMP greater freedoms then the licensed rec model. like selling your excess through the ommp stores which is required by OMMP law. OMMP can produce and sell as long as you follow the guidelines set up.
Rec has nothing unless licensed, you see your OMMP card is your license. I'm going by my lawyers words here. We've spent a hundred hours plus together over the last 4 yrs, and 20+ just last summer after the rec bs hit the fan.

​As of July 1, 2015, if you are 21 or older, your household can have up to:

​4 marijuana plants...ie...clones or flowers
8 ounces of usable marijuana...nugs
16 ounces of homemade marijuana products in solid form...ie...edibles or hash
72 ounces of homemade marijuana products in liquid form...ie...BHO, OIL, etc

this combined with the OMMP 24oz nugs, and you unlimited solid and liquid possession limits you can really have what you need. there are many loopholes in the OMMP laws right now...jump through them while you can.

[Phenome]

https://www.change.org/p/kate-brown-...n-constitution
Sign this petition to help more laws like hb 3400 not be passed to effect the medical community