For those of you who do not live in Oregon, the 2014 election includes Measure 91 which would 'Legalizes recreational marijuana; tasks Oregon Liquor Control Commission with regulation of its sale.' The state of Alaska and Washington D. C. have similar measures on the ballot. The State of Washington has already legalized marijuana. The measure is expected to pass. This will be the first time that two contiguous state's have passed the legalization of recreational marijuana. It raises legal questions that I am not sure are addressed in either States law.
Can a citizen in one state legally purchase marijuana and transport it to other to say attend a barbecue? Can a citizen in Oregon cross the state border, purchase marijuana legally in Washington and legally transport it back to Oregon?
As a disclaimer, I have not personally smoked marijuana in over 20 years, but I know very respectable professionals and highly sought after top 10% software engineers who do. And to be clear, I doubt any law enforcement agency wants to pursue any type of interdiction on the already nightmarish commutes on I-5 and I-205, but the Oregon law does not address the issue at all. There is Section 45 which stipulates that licensee or licensee representative can not transport marijuana from one state to another, but that appears to apply to retailers not individuals.
So, the questions I pose to people who know more about law than I, if Measure 91 passes in Oregon:
Can a Washington resident legal purchase marijuana in Washington and take it to a friends house in Oregon?
Or does the fact that I-5 and I-205 are interstate highways subject the states's law's to federal jurisdiction?
Can I, as an Oregon resident, catch a C-Tran bus to Vancouver, legally purchase marijuana and transport it back to Oregon where it would also be presumably legal?
Can I fly from Portland to Seattle with a legally amount of marijuana?
I am assuming that airlines can still prohibit marijuana even if it is not technically illegal. Just as landlords can ban the cultivation of the four marijuana plants on their property, that Oregonian's over 21 would otherwise be legally allowed to grow.
But I don't know...