Dan Noelle, who claimed legalizing marijuana would be dangerous. Attempts to change the law Measure 33 was placed on the ballot by initiative petition in 2004. It would have expanded the law, allowing the creation of nonprofit, state-licensed marijuana dispensaries which could sell marijuana to patients, and increasing the maximum amount of marijuana that patients could possess. The dispensaries would have been required to provide the drug to indigent patients for free. If, after six months of the measure's passage, a county lacked a dispensary, the county health division would have been granted a license to open a dispensary. The measure would also have increased to the amount of marijuana the patient may possess. Supporters of Measure 33 claimed that the prohibition on marijuana sales to patients hindered their ability to obtain the quantities they need for treatment. They viewed this measure as a responsible solution to that problem. Some opponents argued that the measure was a back door legalization attempt. Some also feared that this expansion would have attracted the ire of the federal government, who would have attempted to shut down the entire Oregon medical marijuana program. Voters rejected the measure, with 42.8% of votes in favor, 57.2% against. The 2005 Oregon Legislature passed Senate Bill 1085, which took effect on January 1, 2006. The bill raised the quantity of cannabis that authorized patients may possess from seven plants (with no more than three mature) and three ounces of cannabis to six mature cannabis plants, 18 immature seedlings, and 24 ounces of usable cannabis. The bill also changed the penalty for exceeding the amount allowed for state-qualified patients. The new guidelines no longer give patients the ability to argue an "affirmative defense" of medical necessity at trial if they exceed the allowed number of plants. But patients who are within the limits retain the ability to raise an affirmative defense at trial even if they fail to register with the state. Donna Nelson introduced a bill in the 2007 legislative session that would have prohibited law enforcement officials from using medical marijuana. Kevin Mannix, a former state legislator and former candidate for governor, circulated an initiative petition that would have asked voters in the 2008 general election to scale back the law. Neither was successful. Medical cannabis reform activists filed Initiative 28, an initiative that would create a licensed and regulated medical marijuana supply system through non-profit dispensaries.