SIDEBAR: Comparing Five Legal Marijuana Jurisdictions

Boldface indicates best marijuana legalization

Colorado

2012

Washington

2012

Oregon

2014

Alaska

2014

Washington DC 2014

PERSONAL POSSESSION

AGE 21

AGE 21

AGE 21

AGE 21

AGE 21

Public Possession

1 oz

1 oz

1 oz

1 oz

2 oz

Home Possession

Result of harvests

1 oz

8 oz**

4 oz
(Ravin right)

2 oz

Possession Notes

Colorado allows home growers to possess their entire harvests at the grow.

In Ravin v. Alaska, it was established that the Alaska state constitution’s right to privacy protects 4 ounces and 25 plants in the home.

Infused Edibles

1 oz in the edible

16 oz

16 oz

1 oz in the edible

Not Indicated

Infused Liquids

1 oz in the liquid

72 oz

72 oz

1 oz in the liquid

Not Indicated

Infused Notes

“In the edible / liquid” possession means the weight or volume of the edible or liquid is not measured, rather the amount of marijuana in the product.

Concentrates

1 oz

1 oz

1 oz, if store-bought

1 oz

ILLEGAL

PERSONAL PRODUCTION

PER PERSON

ILLEGAL**

PER HOUSE

PER PERSON

PER PERSON
(PER HOUSE)

Total Plants

6 PLANTS

ILLEGAL**

4 PLANTS**

25 PLANTS
(Ravin right)

6 PLANTS
(12 PLANTS)

Mature Plants

3 Mature

ILLEGAL**

No Designation**

3 Mature

3 Mature
(6 Mature)

Seedlings/Immature

3 Immature

ILLEGAL**

No Designation**

3 Immature

3 Immature
(6 Immature)

Home Extraction

ILLEGAL, but No Penalty*

ILLEGAL

ILLEGAL

Not Indicated

Not Indicated

COMMERCIAL ENTITIES

2 Years’ Residence

3 Months’ Residence

Open to All**

Open to All

ILLEGAL

Producer

$5,000 App
$2,200 Fee

$250 App
$1,000 Fee

$250 App
$1,000 Fee

Up to $5,000

n/a

Producer Notes

Colorado Fees: $2,200 = up to 3,000 plants; $6,200 = 6,000 up to plants;
$10,200 = up to 10,200 plants; then $300 added renewal fee

Processor

$5,000 App
$2,200 Fee

$250 App
$1,000 Fee

$250 App
$1,000 Fee

Up to $5,000

n/a

Wholesaler

n/a

n/a

$250 App
$1,000 Fee

n/a

n/a

Retailer

$5,000 App
$3,000 Fee

$250 App
$1,000 Fee

$250 App
$1,000 Fee

Up to $5,000

n/a

Licensing Notes

It is likely that Oregon’s Legislature will approve licensing for testing facilities, researchers, and sub-classes of processors.

Licensing Limits

Retailer must produce 70% of product sold

Producers & Processors can’t be Retailers

None**

None

n/a

Local Bans

By Law

Local Option, by Court Decision

By Vote**

By Law or
By Vote

n/a

Outdoor Grow Sites

No

Yes

Yes

Not Indicated

n/a

Taxation

15% Excise,
10% Sales, plus
State & Local

25% at all three levels, plus
State & Local**

$35/oz flowers
$10/oz leaves
$5/seedling

$50/oz

n/a

PUBLIC SUPPORT

Passed 55%

Passed 55%

Passed 56%

Passed 52%

Passed 70%

Tax to Schools

First $40M

Not Indicated

40%

Not Indicated

n/a

Tax to Police
(State & Local)

Not Indicated

Not Indicated

35%

Not Indicated

n/a

Tax to Drug Rehab / Prevention

Not Indicated

Not Indicated

25%

Not Indicated

n/a

Tax to General Fund

The Rest of It

WSLCB Dedicated Marijuana Fund

None

All of It

n/a

DUI Provisions

5ng inferred*

5ng per se

Current Law (Impairment)

Current Law (Impairment)

Current Law (Impairment)

Legislative Notes

* Provisions added later by the legislature, not originally contained in Colorado’s Amendment 64.

** Washington and Oregon legislatures are in session as of press time with numerous bills that may change these provisions.