71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 4084
House Bill 3919
Sponsored by COMMITTEE ON JUDICIARY
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Adds nurse practitioners and naturopaths to list of physicians
who may recommend patient to the Health Division for purposes of
obtaining medical marijuana. Allows up to three registry
identification cardholders to produce medical marijuana at one
site.
A BILL FOR AN ACT
Relating to medical marijuana; amending ORS 475.302, 475.306 and
475.312.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 475.302 is amended to read:
475.302. As used in ORS 475.300 to 475.346:
(1) 'Attending physician' means a physician licensed under ORS
chapter 677 { + , a nurse practitioner licensed under ORS chapter
678 or a naturopath licensed under ORS chapter 685 + } who has
primary responsibility for the care and treatment of a person
diagnosed with a debilitating medical condition.
(2) 'Debilitating medical condition' means { - : - }
{ - (a) Cancer, glaucoma, positive status for human
immunodeficiency virus or acquired immune deficiency syndrome, or
treatment for these conditions; - }
{ - (b) A medical condition or treatment for a medical
condition that produces, for a specific patient, one or more of
the following: - }
{ - (i) Cachexia; - }
{ - (ii) Severe pain; - }
{ - (iii) Severe nausea; - }
{ - (iv) Seizures, including but not limited to seizures
caused by epilepsy; or - }
{ - (v) Persistent muscle spasms, including but not limited
to spasms caused by multiple sclerosis; or - }
{ - (c) Any other medical condition or treatment for a
medical condition adopted by the division by rule or approved by
the division pursuant to a petition submitted pursuant to ORS
475.334. - } { + any medical condition that, in the
determination of the attending physician, would be benefitted by
the medical use of marijuana. + }
(3) 'Delivery' has the meaning given that term in ORS 475.005.
(4) 'Designated primary caregiver' means an individual eighteen
years of age or older who has significant responsibility for
managing the well-being of a person who has been diagnosed with a
debilitating medical condition and who is designated as such on
that person's application for a registry identification card or
in other written notification to the division. ' Designated
primary caregiver' does not include the person's attending
physician.
(5) 'Division' means the Health Division of the Oregon
Department of Human Services.
(6) 'Marijuana' has the meaning given that term in ORS 475.005.
(7) 'Medical use of marijuana' means the { - production,
possession, delivery, or - } administration of marijuana { - ,
or paraphernalia used to administer marijuana - } { + by
smoking, eating or drinking, or through poultices or
tinctures + }, as necessary for the exclusive benefit of a person
to mitigate the symptoms or effects of his or her debilitating
medical condition.
(8) 'Production' has the same meaning given that term in ORS
475.005.
(9) 'Registry identification card' means a document issued by
the division that identifies a person authorized to engage in the
medical use of marijuana and the person's designated primary
caregiver, if any.
(10) 'Usable marijuana' means the dried leaves and flowers of
the plant Cannabis family Moraceae, and any mixture or
preparation thereof, that are appropriate for medical use as
allowed in ORS 475.300 to 475.346. 'Usable marijuana' does not
include the seeds, stalks and roots of the plant.
(11) 'Written documentation' means a statement signed by the
attending physician of a person diagnosed with a debilitating
medical condition or copies of the person's relevant medical
records.
SECTION 2. ORS 475.306 is amended to read:
475.306. (1) A person who possesses a registry identification
card issued pursuant to ORS 475.309 may engage in, and a
designated primary caregiver of such a person may assist in, the
medical use of marijuana only as justified to mitigate the
symptoms or effects of the person's debilitating medical
condition. Except as allowed in subsection { - (2) - } { +
(3) + } of this section, a registry identification cardholder and
that person's designated primary caregiver may not collectively
possess, deliver or produce more than the following:
(a) If the person is present at a location at which marijuana
is not produced, including any residence associated with that
location, one ounce of usable marijuana; and
(b) If the person is present at a location at which marijuana
is produced, including any residence associated with that
location, { - three - } { + five + } mature marijuana plants,
{ - four - } { + five + } immature marijuana plants and one
ounce of usable marijuana per
{ - each mature - } plant.
{ + (2) Three or fewer persons who each possess a registry
identification card may collectively possess, at one location,
the quantity of marijuana specified in subsection (1) of this
section for each registry identification cardholder. + }
{ - (2) - } { + (3) + } If the individuals described in
subsection { + s + } (1) { + and (2) + } of this section
possess, deliver or produce marijuana in excess of the amounts
allowed in { - subsection - } { + subsections + } (1) { +
and (2) + } of this section, such individuals are not excepted
from the criminal laws of the state but may establish an
affirmative defense to such charges, by a preponderance of the
evidence, that the greater amount is medically necessary to
mitigate the symptoms or effects of the person's debilitating
medical condition.
{ - (3) - } { + (4) + } The Health Division shall define by
rule when a marijuana plant is mature and when it is immature for
purposes of this section.
SECTION 3. ORS 475.312 is amended to read:
475.312. (1) If a person who possesses a registry
identification card issued pursuant to ORS 475.309 chooses to
have a designated primary caregiver, the person must designate
the primary caregiver by including the primary caregiver's name
and address:
(a) On the person's application for a registry identification
card;
(b) In the annual updated information required under ORS
475.309; or
(c) In a written, signed statement submitted to the division.
(2) A person described in this section may have only one
designated primary caregiver at any given time.
{ + (3) A person who possesses a registry identification card
or a designated primary caregiver shall provide a 30-day written
notice to the Health Division before terminating a
patient-caregiver relationship. + }
----------