72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
HA to HB 2939
LC 2499/HB 2939-4
HOUSE AMENDMENTS TO
HOUSE BILL 2939
By COMMITTEE ON HEALTH AND HUMAN SERVICES
April 22
On page 1 of the printed bill, line 2, after '475.302, ' delete
the rest of the line and insert '475.306, 475.309, 475.312,
475.316 and 475.319; and declaring an emergency.'.
In lines 9 and 10, delete the boldfaced material and restore
the bracketed material.
On page 2, lines 38 through 40, delete the boldfaced material
and insert:
' (f) A signed statement that the person has read educational
materials about the medical use of marijuana or has read ORS
475.300 to 475.346 and understands the legal requirements for the
medical use of marijuana. The department shall provide
educational materials in a written form and on its website that
explain the purpose and legal requirements for the medical use of
marijuana'.
On page 4, line 31, after 'condition' insert 'and has informed
the person of that fact'.
In line 34, after 'contraindicated' insert 'and has informed
the person of that fact'.
In line 37, delete 'later than seven' and insert 'sooner than
45 days and no later than 60'.
After line 45, insert:
' (d) Notwithstanding paragraph (c) of this subsection, if a
person provides the department with valid written documentation
from a different attending physician prior to receiving the
notice of revocation, the person's registration card remains
valid.'.
On page 5, delete lines 10 through 36 and insert:
' (13) Information about a person's grow site that is provided
to the department under this section is confidential and may not
be disclosed except to employees of law enforcement agencies as
necessary to verify that the site is registered with the
department.
' { + SECTION 3. + } ORS 475.316 is amended to read:
' 475.316. (1) No person authorized to possess, deliver or
produce marijuana for medical use pursuant to ORS 475.300 to
475.346 shall be excepted from the criminal laws of this state or
shall be deemed to have established an affirmative defense to
criminal charges of which possession, delivery or production of
marijuana is an element if the person, in connection with the
facts giving rise to such charges:
' (a) Drives under the influence of marijuana as provided in
ORS 813.010;
' (b) Engages in the medical use of marijuana in a public place
as that term is defined in ORS 161.015, or in public view or in a
correctional facility as defined in ORS 162.135 { - (2) - } or
youth correction facility as defined in ORS 162.135 { - (6) - }
;
' (c) Delivers marijuana to any individual who the person knows
is not in possession of a registry identification card;
' (d) Delivers marijuana for consideration to any individual,
even if the individual is in possession of a registry
identification card;
' { - (e) Manufactures or produces marijuana at a place other
than one address for property under the control of the patient
and one address for property under the control of the primary
caregiver of the patient that have been provided to the
Department of Human Services; or - }
' { - (f) Manufactures or produces marijuana at more than one
address. - }
' { + (e) Produces marijuana in excess of the amounts
authorized by ORS 475.306; or
' (f) Produces marijuana at a location other than a grow site
reported to the Department of Human Services and listed on the
person's registry identification card or primary caregiver's
identification card. + }
' (2) In addition to any other penalty allowed by law { + : + }
{ - , - }
' { + (a) The department may preclude + }a person who the
department finds has willfully violated the provisions of ORS
475.300 to 475.346, or rules adopted under ORS 475.300 to
475.346, { - may be precluded - } from obtaining or using a
registry identification card
{ - for the medical use of marijuana - } for a period of up to
six months, at the discretion of the department.
' { + (b) The department may permanently revoke the registry
identification card of a person who has been convicted of
violating ORS 475.992 (1)(a), (b) or (c), or an equivalent
offense in another jurisdiction. + } ' .
On page 6, line 1, after 'card' insert 'and has a designated
primary caregiver'.
After line 2, insert:
' { + SECTION 5. + } 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) 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 mature marijuana plants, four immature marijuana
plants and one ounce of usable marijuana per each mature plant.
' (2) If the individuals described in subsection (1) of this
section possess, deliver or produce marijuana in excess of the
amounts allowed in { - subsection (1) - } { + subsections (1)
and (3) + } 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) A person described in subsection (1) of this
section may not grow more than three mature marijuana plants and
four immature marijuana plants at one grow site. + }
' { - (3) - } { + (4) + } The Department of Human Services
shall define by rule when a marijuana plant is mature and when it
is immature for purposes of this section.
' { + SECTION 6. + } ORS 475.319 is amended to read:
' 475.319. (1) Except as provided in ORS 475.316 and 475.342,
it is an affirmative defense to a criminal charge of possession
or production of marijuana, or any other criminal offense in
which possession or production of marijuana is an element, that
the person charged with the offense is a person who:
' (a) Has been diagnosed with a debilitating medical condition
within 12 months prior to arrest and been advised by his or her
attending physician the medical use of marijuana may mitigate the
symptoms or effects of that debilitating medical condition;
' (b) Is engaged in the medical use of marijuana; and
' (c) Possesses or produces marijuana only in the amounts
allowed in ORS 475.306 (1) { + and (3) + }, or in excess of
those amounts if the person proves by a preponderance of the
evidence that the greater amount is medically necessary as
determined by the person's attending physician to mitigate the
symptoms or effects of the person's debilitating medical
condition.
' (2) It is not necessary for a person asserting an affirmative
defense pursuant to this section to have received a registry
identification card in order to assert the affirmative defense
established in this section.
' (3) No person engaged in the medical use of marijuana who
claims that marijuana provides medically necessary benefits and
who is charged with a crime pertaining to such use of marijuana
shall be precluded from presenting a defense of choice of evils,
as set forth in ORS 161.200, or from presenting evidence
supporting the necessity of marijuana for treatment of a specific
disease or medical condition, provided that the amount of
marijuana at issue is no greater than permitted under ORS 475.306
and the patient has taken a substantial step to comply with the
provisions of ORS 475.300 to 475.346.
' (4) Any defendant proposing to use the affirmative defense
provided for by this section in a criminal action shall, not less
than five days before the trial of the cause, file and serve upon
the district attorney a written notice of the intention to offer
such a defense that specifically states the reasons why the
defendant is entitled to assert and the factual basis for such
affirmative defense. If the defendant fails to file and serve
such notice, the defendant shall not be permitted to assert the
affirmative defense at the trial of the cause unless the court
for good cause orders otherwise.
' { + SECTION 7. + } { + This 2003 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2003 Act
takes effect on its passage. + } ' .
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