By Andrew Thomson, Lane County Chapter board member

On Tuesday, November 4, 2014, Oregon voters approved Measure 91, ending decades of marijuana prohibition in Oregon and legalizing the cultivation, possession, and use of marijuana for adults 21 and over. This is a significant and important step on the road to repairing the damage done by the failed war on marijuana.

Beginning January 4, 2016, the Oregon Liquor Control Commission will begin reviewing applications for licensed retail outlets. Taxes from the sales of marijuana will fund the schools, public health, and law enforcement. Marijuana sales will contribute funds to these important services rather than the diversion of funds caused by enforcing prohibition.

Marijuana wasn't criminalized nationally until 1937, when the federal government passed the "Marihuana Tax Act." Up until that point, marijuana and hemp played a significant role in US history. According to "Frontline," hemp served as a major industry until after the Civil War, and marijuana was "a popular ingredient in many medicinal products and was sold openly in public pharmacies."

The move to criminalize marijuana was a racially motivated response to the rise in popularity of recreational use during the 1900-20s. Testimony from the "Marihuana Tax Act" makes this abundantly clear. And racism has remained an inextricable component of the enforcement of marijuana prohibition.

Black and white Oregonians use marijuana at about the same rate, but black Oregonians are almost twice as likely to be cited or arrested for use and/or possession. This disparity is even worse in Lane County. Here, black residents are 3.5 times more likely to be cited or arrested for marijuana offenses than white residents. This is the largest disparity in the state.

Marijuana arrests and citations have put enormous strain on Oregon's legal and penal system. During the past decade, over 115,000 Oregonians have been arrested or cited for marijuana offenses. This puts Oregon near the top of the national scale for marijuana offenses as a percentage of all arrests/citations.

Again, this trend is particularly prominent in Lane County. In 2010, Lane County accounted for 16.72% of all marijuana arrests/citations in the state. Arrests/citations in Lane County number almost as many as in the top three most populous counties combined.

The enforcement and incarceration of individuals committing marijuana offenses has cost Oregonian taxpayers somewhere between $50 million and upwards of $90 million per year, depending on how one calculates the expenditures.

Therefore, the passage of Measure 91 is a major win for Oregon. Beginning July 1, adults will be permitted legally to possess and cultivate small quantities of marijuana for personal use. This will help reduce racially disparate arrest/citation rates, free up resources in Oregon's legal and penal system, and save tens of millions of dollars per year.

While Measure 91 begins to address some of the damage done by marijuana prohibition, several injustices and issues remain.

Oregon's prisons are still clogged with individuals incarcerated for non-violent marijuana related convictions. As Kimberly McCullough, Legislative Director of the ACLU of Oregon, argues, "It makes absolutely no sense to legalize marijuana without clearing the records of Oregonians' prior marijuana convictions." Thankfully, Representative Frederick is working to expunge the records of Oregon residents convicted of non-violent marijuana offenses.

Some proposals made in the Oregon Legislature threaten the privacy of medical and recreational marijuana users by over regulating sales. Some of these proposals also threaten the medical marijuana program itself. It's important, however, that the implementation of Measure 91 does not compromise privacy protections or the medical marijuana program.

As the implementation dates approach, the OLCC, Legislature, and legalization advocates are in the process of addressing the above and other important issues, such as: standards for labeling, testing, and inspection; background check requirements for retailers; home-grow rules and regulations; advertising restrictions; sales restrictions; and tax collection and distribution systems.

Time remains before the Oregon Legislature and OLCC decide on the final implementation, so we still have an opportunity to urge our legislators to enact smart and fair guidelines in the implementation of Measure 91.

The Lane County Chapter of the ACLU will host a Civil Conversation on the implementation of Measure 91, featuring: Anthony Johnson, Executive Director, New Approach Oregon; Lieut. Jennifer Bills, Criminal Investigations Commander, Eugene Police Department; and Steve Marks, Executive Director, Oregon Liquor Control Commission. Tuesday, June 23 from 5:30-7:00 at the Eugene Public Library (100 W. 10th Ave.) in the Tykeson Room. Please join us to learn and share your opinions.