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0 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Classifieds Jobs Autos Real Estate FEATURED » NEWS NOW What you can and can't do once pot becomes legal July 1 ... Our View: Take it easy on marijuana restrictions ... Central Oregon bike race is "done" after riders trash route ... What you can and can't do once pot becomes legal July 1 ... Our View: Take it easy on marijuana restrictions ... Central Oregon bike race is "done" after riders trash route ... SUNDAY FOCUS: THE POT PARADIGM What you can and can't do once pot becomes legal July 1 Comment By Damian Mann Mail Tribune MailTribune.com By Damian Mann Mail Tribune Posted Jun. 21, 2015 at 12:01 AM By Damian Mann Mail Tribune Posted Jun. 21, 2015 at 12:01 AM » Social News Independence Day will come early for those Oregonians who plan to celebrate history when recreational marijuana becomes legal July 1. But for others, pot remains a mystery that's been shrouded in a veil of illegality since 1937, when Congress passed the Marijuana Tax Act that effectively banned its use and sale. The “Just Say No” generation that grew up with the propaganda movie “Reefer Madness” will have to adjust to a new reality: that anyone 21 or older can smoke, grow or share pot with friends as long as it’s done in private. At 12:01 a.m. July 1, Oregonians can start growing marijuana in their backyards, as long as they don't exceed four plants per household, keep their crop concealed from passersby and pay attention to local ordinances. If they sell their marijuana or take it across state lines — even to Washington, where it's also legal — they’ll be breaking the law. The biggest hurdle for anyone who wants to smoke legally July 1 is obtaining pot, because it won’t be for sale in any store. But accepting it from someone as a gift is legal, giving new meaning to the Beatles refrain, “I get high with a little help from my friends.” The do’s and don’ts of pot still are being worked out by state legislators and other officials grappling with myriad proposed changes to Ballot Measure 91, the legalization initiative voters passed overwhelmingly last November. “Rome wasn’t built in a day,” says Brie Malarkey, owner of Breeze Botanicals, a medical marijuana dispensary with locations in Gold Hill and Ashland. “As the pillars of prohibition fall, the citizens of Oregon will see a phased rollout of marijuana legalization.” What's legal under the law Measure 91 allows people to possess an ounce of marijuana while out in public or 8 ounces at home. An ounce is enough to fill about 40 cigarette-sized joints, according to theweedblog.com. Medford police Lt. Kevin Walruff says that if someone receives marijuana without exchanging money, that person would not be cited after July 1. “It’s similar to someone who hands you a beer,” he says. There is no legal way to sell recreational cannabis from one person to another until 2016. The Oregon Liquor Control Commission will start taking applications in January 2016 to license retail stores, and actual sales are anticipated later that year. There has been some discussion in the Legislature about allowing the sale of recreational pot at medical marijuana dispensaries starting this October, however. Walruff, who is on a subcommittee working on rules for the OLCC, says police officers are not going to be concerned about adults in possession of marijuana as long as they stay within the legal limit. But uncertainties about the law remain. For example, what if you smoke marijuana in a parked car? Is that considered a private or public space? Until the rules are clarified, officers likely will warn people they see smoking in a parked vehicle that they'd better not put the car in gear or they could go to jail for driving under the influence of intoxicants if they're impaired. “I think the thing to keep in mind is to know the rules and know the regulations,” Walruff says. “It could be a felony if you don’t.” Officers will have to assess each situation to determine whether there is probable cause for a violation, Walruff says. "It's not as cut-and-dried as you'd think," he says. If an officer determines an adult is selling pot to someone who is underage, the adult could get slapped with a felony charge, Walruff says. But if two adults are exchanging marijuana with each other, that's a different story. "We won't be citing people if that happens," he says. While Measure 91 doesn't allow people to smoke in public, a person's front porch or the inside of a car likely would be considered a private place, Walruff says. Even if you are caught smoking a joint in public, it would lead to a citation, not a criminal charge, he says. A passenger in a car who is traveling through the streets of Medford smoking a bong or a joint no longer will be enough reason for an officer to initiate a traffic stop. Only if the driver becomes impaired would it provide probable cause to stop the vehicle. If the driver is seen smoking marijuana, he could be issued a citation, but it wouldn't necessarily result in a criminal charge as long as the driver wasn't impaired, Walruff says. Crossing state lines with marijuana is illegal under federal law, but for local officers that situation will be assessed on a case-by-case basis. Walruff says that a few years ago a California man transported a small amount of pot in his luggage on a flight from Medford. The pot was confiscated by federal Transportation Security Administration officials but was eventually returned to the man because he had a medical marijuana card. Walruff says the same issue could arise if someone transports pot from California, where it's not legal, into Oregon, where it is. A large amount of pot will raise red flags, but a small amount likely will not be of concern to officers, he says. Walruff says some local residents will be curious about marijuana and may want to try it. He urges anyone who is interested to be cautious and careful. "There are going to be people who smoke because it is legal," he says. "They need to be careful how they smoke it and how much is ingested." Ashland police Deputy Chief Warren Hensman says he remembers 16 years ago when he started with the Las Vegas Metropolitan Police Department. Back then, possession of even a single marijuana seed could have meant a felony arrest, he says. Hensman says his department isn’t anticipating anything out of the ordinary July 1, but officers will be dealing with entirely new legal situations. “It will be a learning experience for us all on July 1,” he says. If money exchanges hands during a marijuana transaction, officers could potentially cite someone, Hensman says. If an officer witnesses someone handing a person an ounce or less of marijuana, the officer might ask a few questions but probably would maintain a hands-off approach, he says. There are local ordinances to consider, too. Communities throughout Jackson County are still wrestling with the ramifications of both medical and recreational marijuana. Ashland allows dispensaries in certain areas and now has three. Medford continues to ban them and is considering ways to restrict recreational pot, too. Councilor Tim Jackle says residents in his east Medford neighborhood have complained about the odor from backyard gardens and want the city to take a firm stance to stamp them out. “My preference is to have an outright ban on outdoor grows,” he says. Central Point in May approved an ordinance that restricts all private marijuana grows to indoors and prohibits commercial grows in all residential areas. Phoenix has banned commercial grows within city limits. And Jackson County has passed an ordinance requiring dispensaries to be at least a half-mile apart and a mile away from the veterans facility in White City. Other things to know Those who want to start growing their own marijuana can expect to start smoking the dried flowers three or four months later, but with such a late start, the plants likely won’t get very big. Cannabis-curious novices will wonder what to make of the endless varieties of weed that have more names than breakfast cereals. Those who tried weed in their youth will find today's strains far more potent. And for those who don’t want to toke, edibles and tinctures will be available. Once sales of pot become legal, consumers will find the price of marijuana has dropped in recent years. Malarkey at Breeze Botanicals has what she calls a “wild” and “untamed” version that goes for $89 an ounce. Many local dispensaries, which aren’t allowed to sell recreational pot, have marijuana for about $100 an ounce, less than the average price of $204 statewide, according to priceofweed.com. Higher-grade strains of cannabis will cost far more. Recent news reports have indicated high levels of pesticide residue in cannabis sold in both Oregon and Colorado, even though Oregon requires testing for products sold at dispensaries. The state hasn't yet set standards for laboratories, but the OLCC plans to enact them before recreational pot is sold next year. Mold and mildew in pot can also be a problem. When Malarkey opened her Gold Hill store, she received marijuana from a variety of sources, but 50 percent of it was rejected because it failed the mold and mildew tests. Measure 91 requires all marijuana sold at retail outlets to be tested for mold, mildew and pesticides. Attitudes are changing Malarkey says Measure 91 is about more than just recreational pot. She says it will provide an easier means for people who need cannabis for medicine but can’t afford the hundreds of dollars required to get a medical marijuana card. Other Oregonians don’t want to obtain a card because they fear their employer will find out, she says. “There are still a lot of people in the cannabis closet,” Malarkey says. “I want to be able to dispense to anybody who wants to have holistic health care.” Malarkey says she was pretty uptight herself about showing the cannabis room to the media when she started her dispensary in Gold Hill, the first in Jackson County. Her newest store in Ashland sits in a nondescript shopping center at the south end of town. The lobby is tastefully decorated with bottles of herbal treatments and lotions. In the back room, well-lighted bottles of carefully manicured cannabis sit next to other herbs that she recommends for treatment of a variety of ailments. Malarkey says she prefers to think of herself as an herbalist who happens to sell marijuana. Malarkey says she hopes to offer recreational pot as well as medical marijuana in the same store if she can get approval from the state. Most of the 11 dispensaries open in Josephine and Jackson counties want to sell recreational cannabis. From Phoenix to Ashland, seven medical marijuana dispensaries are now open for business. Reach reporter Damian Mann at 541-776-4476 or [email protected] . Follow on Twitter at @reporterdm .  By Damian Mann Mail Tribune MailTribune.com By Damian Mann Mail Tribune Posted Jun. 21, 2015 at 12:01 AM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... 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