Date: Thu, 16 Jan 1997 00:12:08 -0800 (PST) From: "Anti-Prohibition Lg." <[aal 01] at [teleport.com]> To: [AAL 01] at [teleport.com] Subject: ODCA Draft Ballot Titel/10 day comment peroid THE OREGON DRUGS CONTROL AMENDMENT Sponsored by the American Anti-Prohibition League Portland Oregon *** January 15, 1997 re: State's "Draft Ballot Title" & 10 day comment period Dear friends, Right on schedule we have received the Oregon Attorney General's draft ballot title for the ODCA. Following the AG's title is our response with a substantially different draft. This title is a crucial piece of wording. It's what goes in the Voter's Pamphlet, and on the actual ballot. Your comments and suggestions are, as always, welcome. All comments in regards to the title must be in the Oregon Secretary of State's Office no later than 5p.m. Tuesday, Jan. 28. In solidarity for "Drug Peace!" Floyd Ferris Landrath - Director P/S: Kent Sugnet, a documentary film/video maker just moved here from California and has generously donated a copy of his "Compassionate Use" video tape to the league. This documentary that Mr. Sugnet produced, directed, and edited looks at the San Francisco CBC prior to the Lundgren Raid and Prop 215 victory. "Compassionate Use" will be available for viewing at our monthly fund raiser on Saturday, Jan. 25 at the Phantom Gallery, 3125 SE Belmont (bus #15) in Portland, Oregon. And speaking of FUND RAISING, as usual the need is great. If you would like to make a contribution *, have an ODCA fund raising project, or want to volunteer for the Portland phone bank: PLEASE CALL 503-235-4524 as soon as possible. (* -- Oregon tax credit available.) ---------------------------------------------------------------------- OREGON ATTORNEY GENERAL'S DRAFT BALLOT TITLE (10 word limit) AMENDS CONSTITUTION: |STATE LAWS MUST ALLOW ADULT DRUG POSSESSION AND CULTIVATION| |(15 word limit) RESULT OF "YES" VOTE: "Yes" vote requires that state law allow adult drug possession and cultivation.| RESULT OF "NO" VOTE: |"No" vote retains current criminal laws prohibiting adult drug possession and cultivation.| (85 word limit) SUMMARY: Amends Constitution. |State law must allow adult possession and cultivation of any controlled substance. State may otherwise control drugs. Requires repeal of current criminal laws that are inconsistent with proposed measure. Persons in prison or on parole solely for crimes now made legal by measure, who have no prior convictions, will be released and have convictions expunged. Certain other prisoners may be paroled with special conditions. State may impose production and price controls on drug sales, with revenues funding expenses of proposed measure.| ----------------------------------------------------------------------- LEAGUE'S PROPOSED BALLOT TITLE * AMENDS CONSTITUTION: STATE LAWS MUST REGULATE ALL DRUGS, REPEALS ADULT DRUG PROHIBITIONS (10) RESULT OF "YES" VOTE: "Yes" vote requires state to control the commercial manufacture and distribution of all drugs. (14) RESULT OF "NO" VOTE: "No" vote retains current laws prohibiting adult drug possession and cultivation. (11) SUMMARY: Amends constitution. State law must regulate commerce in controlled substances. State may not prohibit private adult possession and cultivation, within defined limits. Measure requires repeal of current laws that are inconsistent with proposed measure. Persons in prison or on parole solely for crimes now made legal by measure, who have no prior convictions, will be released and have convictions expunged. Certain other prisoners may be paroled with special conditions. State must use revenues from drug sales for funding drug treatment and job training programs. (82) ----------------------------------------------------------------------------- THE OREGON DRUGS CONTROL AMENDMENT Sponsored by the American Anti-Prohibition League Portland Oregon *** The text of an Amendment to the Oregon Constitution: Article I Section xx. Drugs control. (1) The State of Oregon shall have authority to control common drugs of abuse, hereinafter referred to as controlled substances; but henceforth no law shall ever be passed by the State of Oregon to prohibit adult possession of any controlled substance, or to prohibit adult cultivation of any plant material containing any controlled substance, pursuant and subject to the provisions set forth by this section and its consequent legislation. (2) This section supersedes all inconsistent statutes within The Oregon Revised Statues. The Legislative Assembly of the State of Oregon, shall repeal and/or amend offending statutes and create a new body of regulatory law within the Oregon Revised Statutes which as a whole will be called, The Oregon Drugs Control Act. The Oregon Drugs Control Act shall define and schedule, with emphasis on medical and public health considerations, all substances deemed to be controlled substances. (3) The Legislative Assembly shall enact into law regulatory provisions relating to this section, to be contained within the Oregon Drugs Control Act which shall define for each controlled substance: (a) A minimum legal age of not greater than 21 years; (b) Reasonable limits on adult personal possession; (c) Adequate public health and consumer safeguards; (d) Adequate manufacturing, price, import, and export controls; (e) Penalties for violations, provisions for enforcement; (f) Exceptions for controlled scientific research; (g) Exceptions under medical and/or parental supervision; (h) Exceptions for traditional, spiritual practices; (i) A defined legal level of impairment; (j) Promotion of temperance, moderation, and safety; (k) On-demand substance abuse and harm reduction programs. (4) Within ninety (90) days of this section's approval by the voters of The State of Oregon, individuals in prison or on parole solely for acts no longer prohibited shall be eligible for release and their records shall be expunged providing they have no prior convictions; individuals who do have prior non-violent, controlled substance-related convictions, and who are not serving a concurrent sentence for any other crime, shall be eligible for parole with special conditions such as: substance abuse treatment, community service, education, and/or job training and placement assistance. (5) Legislation relating to this section will operate uniformly within the State of Oregon and all individuals shall be treated equally; and all provisions, laws, regulations and guidelines shall be carefully constructed for the accomplishment of this section's stated purposes. (6) In no case shall the State of Oregon ever make a net profit from the manufacture or sale of controlled substances. The State of Oregon may impose necessary production and price controls upon the commercial commerce of any controlled substance so that related revenue received by the State of Oregon, and if needed established alcohol, tobacco, and gambling taxes, shall be adequate to fund the on-going expenses of The Oregon Drugs Control Act and all its provisions. In addition, the re-allocation of law enforcement, courts, and corrections spending reductions brought about by this section, shall be used for the initial funding of the Oregon Drugs Control Act and all its provisions. (7) This section shall become effective as soon as practical, and, while certain parts may be implemented separately, this section shall be fully implemented no later than January 1, 2000. (8) If any part of this section is held to be invalid for any reason, then the remaining parts shall not be affected but shall remain in full force and effect. ================================================================ *** DRUG WAR, or DRUG PEACE? ***