Sponsored by Oregon Business

Marijuana advocates plan to appeal reclassification

| Print |  Email
The Latest
Friday, June 18, 2010

The Oregon Board of Pharmacy announced Thursday that it would remove marijuana from the list of “Schedule I Controlled Substances” to a schedule II classification – meaning the board recognizes that marijuana does have an acceptable medical use. Oregon is the first state in the nation to take such a step, contradicting the federal government's stance on marijuana. But advocates still are disappointed and plan to appeal.

“The classification itself shows that medical marijuana patients are still being discriminated against because [marijuana] is still classified with substances like oxycodone, which is one very small step from heroin,” said attorney Gregory Barton, who plans to appeal the decision.  “[Schedule II] drugs have caused deaths whereas marijuana is basically a non-toxic herb that hasn’t ever caused any deaths.”

The reclassification comes after Senate Bill 728 passed last year, which required marijuana to be removed from the schedule I list and reclassified.  Over the last several months the board listened to testimony and research from advocates and law enforcement officers concerned about abuse before voting on the reclassification.

Marijuana by the numbers
Medical marijuana is now officially medicine in Oregon.

The federal government treats marijuana as a non-medicinal Schedule I drug, but more than a dozen states including Oregon allow medical marijuana use. In addition, the regulators in the United Kingdom have approved the first-ever prescription medication derived from the cannabis plant, an MS drug called Sativex. The medication went on sale for the first time today in England.

Schedule I drugs, such as LSD and heroin, typically have no medicinal value and high abuse potential.  Marijuana was moved into the schedule II substances, which are said to have “high abuse potential with severe psychological or physical dependence liability but are accepted for medical use in the US and are available by prescription,” according to the press release.

Barton is filing the appeal on the basis that the board didn’t consider the proper factors in its decision making process.  “They really ended up ignoring a lot of the scientific evidence and eventually just listened to the political pressures to make it a schedule II.”

Christine McGarvin is a medical marijuana advocate who testified several months ago about the reclassification, and like many other supporters she is disgruntled by the decision.

“We don’t think medical marijuana should be classified any higher than a schedule III at least” said McGarvin.  “There is a big difference between schedule II and schedule III in terms of a felony or misdemeanor according to the law.”

For a schedule II classification anyone who is not in compliance with the Oregon Medical Marijuana Act (OMMA), and possesses more than an once is immediately charged with a felony.  Possessing less than an ounce of marijuana is treated as a minor violation similar to a traffic ticket under state law.

Both McGarvin and Barton cited discrepancies about where Marinol and marijuana are classified.  Marinol is a purified form of THC and it’s a pharmaceutical product,  but it's a schedule III classification.  Marinol is already widely available through prescription.  According to Barton a less purified form of a substance and the pure form is almost always scheduled in either the same or lower classification, and marijuana and Marinol are the only exceptions.  He argues marijuana should at least be scheduled with Marinol, a synthetic form of THC, in the schedule III classification or lower.

This new classification won’t change anything for Initiative 28, which would allow nonprofit dispensaries to sell medical marijuana to patients and enable licensed growers to sell to dispensaries.  I-28 already has accumulated an estimated 115,000 signatures, and will likely make it to the November ballot ballot.

Anthony Johnson, chief petitioner for the initiative, said the reclassification doesn’t change anything as a practical matter because the medical marijuana dispensaries would be regulated by the Department of Human Services and not the Oregon Board of Pharmacy.

“As a symbolic victory it does establish the fact that cannabis has a medicinal value and so it may help convince people that sick and disabled patients should have that option and that will convince more people to support the initiative,” said Johnson.

So the controversy continues.  Read more about how pot could and already does bring economic development to Oregon as Ben Jacklet reports in “Marijuana Goes Mainstream” from the May 2010 issue of Oregon Business Magazine.

Jessica Hoch is an online reporter for Oregon Business.



Douglas J Heuer
0 #1 Justice Denied !!Douglas J Heuer 2010-06-21 18:30:56
It is very hypocritical of the drug warriors to present arguments demanding a science based policy instead of a policies placed by initiative petitions, and the first chance they get to have a scientific foundation of marijuana policy they instead assert political pressure to place the cannabis plant in a higher schedule than its synthetic and purified form.

That is the equivalent to placing a coffee bean in schedule II when the purified form, caffiene, is considered an over-the-counte r drug.

It is sad that the Board of Pharmacy feels that can laviously waste our time and resources by upholding the drug war propoganda of lies, discrimination, and thick-headednes s. Seems like they place importance of political wills and God-like superiority over the lives of Oregonians who depend upon a cheap and safe medicine to ease their pains and sufferings. Justice is denied again in the war on drugs and to the citizens who deparately need them.
Quote | Report to administrator
Kay dickerson
0 #2 call the medicine what it is...Kay dickerson 2010-06-21 23:33:03
"So the controversy continues. Read more about how pot could and already does bring economic development to Oregon as Ben Jacklet reports in “Marijuana Goes Mainstream” from the May 2010 issue of Oregon Business Magazine."
please be a professional, & call it medical marijuana.
according to the laws, it IS medicine.
Quote | Report to administrator
P.A.N. Agent 67 1
0 #3 ...what it is???P.A.N. Agent 67 1 2010-06-25 12:52:55
Kay brings up the reference to Kanabous and the "mainstream" degradation thereof... reefer this as the economic-golden -calf-mind$et-r ush-reefer to by p.o.t. heads, dopes, weeds and the like.

Patients Out of Time... Yo homies don't you know Me? The name is KanDo~
SigNature - 13:28!!!
Quote | Report to administrator

More Articles

Photo Log: #TillamookSmile

The Latest
Friday, October 30, 2015
103015-cheesethumbBY CHRIS NOBLE | ART DIRECTOR

Against a changing backdrop Patrick Criseter’s infectious grin remained constant. It’s a cheesy (pun intended) beam that begs for a hashtag.


Photo Log: Inside Portland Razor Co.

The Latest
Wednesday, October 14, 2015

2-sheets-IMG 4897


100 Best Nonprofits announced

Wednesday, September 30, 2015

1015-nonprofits01Oregon Business magazine has named the seventh annual 100 Best Nonprofits to Work for in Oregon. The rankings were revealed Wednesday night during an awards dinner at the Sentinel Hotel in Portland.


Tinker, Tailor, Portland Maker

November/December 2015
Wednesday, October 28, 2015

The artisan generation redefines manufacturing.


The death and life of American cities

Linda Baker
Monday, November 02, 2015
housingoldpdx thumbBY LINDA BAKER

The hollowing out of the American city is now a bona fide cultural meme.  Newspapers, magazines and digital media sites are publishing story after story about the morphing of urban grit and diversity into bastions of wealth and commodity culture.


The God complex

Linda Baker
Wednesday, September 30, 2015
093015-zydellren-thumbBY LINDA BAKER | EDITOR

The media coverage about Pope Francis must have put me in a Biblical frame of mind. Because after touring the latest phase of the South Waterfront development, a mind boggling 1.5 million square feet of office and retail space that will spring up north of the aerial tram over the next few years, I couldn’t stop thinking about the massive project as a modern day creation story.


100 Best Nonprofits: Working for equality inside and out

October 2015
Wednesday, September 30, 2015

Striving for social equity is the mission of many nonprofits, and this year’s 100 Best Nonprofits to Work For in Oregon survey shows employees are most satisfied with their organizations’ fair treatment of differing racial, gender, disability, age and economic groups. But as a national discourse about racial discrimination and equity for low-income groups takes center stage, data show Oregon’s 100 Best Nonprofits to Work For still need to make progress on addressing these issues within their own organizations.

Oregon Business magazinetitle-sponsored-links-02