Oregon set to reschedule marijuana from I to II, III, IV, or V by 2010

Oregon Senate Bill 728 passed the Senate by a vote of 26-2, the House passed it 58-1, and the Senate concurred on amendments 26-3.  It now awaits Gov. Kulongoski’s signature.  The measure adds new sections to Oregon’s law on controlled substances:

SECTION 2. The State Board of Pharmacy shall classify marijuana as a controlled substance in Schedule II, III, IV or V.

SECTION 4. (1) The State Board of Pharmacy shall classify marijuana in accordance with section 2 of this 2009 Act no later than 180 days after the effective date of this 2009 Act.

Oregon’s drug scheduling definitions mirror those of the federal government, so what this means is that Oregon no longer considers marijuana to be a drug with “a high potential for abuse” that “has no currently accepted medical use in treatment in the United States” and no “accepted safety for use of the drug or other substance under medical supervision.”

Instead, no matter where Oregon places marijuana on the scale from II to V sometime in early 2010, the state recognizes that marijuana “has a currently accepted medical use in treatment in the United States.”

This doesn’t mean that Oregon doctors will begin prescribing marijuana; the federal Schedule I classification will still be in effect and doctor’s ability to prescribe narcotics usually requires a federal license.  However, it does mean that the entire sentencing structure for “crimes” involving marijuana changes in Oregon.  It also provides another point for those who challenge the federal assertion that marijuana has no recognized medical use in the United States – one of your states has written it into the law!

Oregon activist Laird Funk notes:

While the bill’s author, Sen Prozanski, opined at hearings that mj should probably end up in schedule 3, the Board will make its decision based on the result of evidence presented at a hearing or hearings. There is significant evidence that mj should be lower than schedule 3 and part of that evidence is contained in SB 728 itself, where it discusses schedule 4 substances which cause death. If schedule 4 substances can cause death, and cannabis has never caused death, (a fact I pointed out in the House hearings on 728) then logically it should be in schedule 5, given the mandate of the bill to place it in 2 thru 5.

I am asking all folks involved in cannabis reform efforts nationwide to take advantage of this opportunity and help Oregonians prepare the needed convincing evidence to place mj as low as possible. To that end, I am asking all who read this, who are on other lists to please re-post this to those lists so that all might be best prepared to make this opportunity to reschedule work best for us all.

I will be contacting the Board of Pharmacy soon to ascertain their thoughts on the scheduling of the hearings and other parts of the process and will keep all informed as to the results of that contact. With a collaborative approach, we may be in a position to guide the Board to the right conclusion.