Chapter 573
AN ACT
SB 161
Relating to medical marijuana; creating new provisions; and amending
ORS 475.302, 475.304, 475.309, 475.316 and 475.320.
Be It Enacted by the People of
the State of
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 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, agitation
due to Alzheimer’s disease, 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:
(A) Cachexia;
(B) Severe pain;
(C) Severe nausea;
(D) Seizures, including
but not limited to seizures caused by epilepsy; or
(E) 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 department by
rule or approved by the department pursuant to a petition submitted pursuant to
ORS 475.334.
(3) “Delivery” has the
meaning given that term in ORS 475.005. “Delivery” does not include transfer of
marijuana by a registry identification cardholder to another registry
identification cardholder if no consideration is paid for the transfer.
(4) “Department” means
the Department of Human Services.
(5) “Designated primary
caregiver” means an individual 18 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 department. “Designated primary caregiver” does not include
the person’s attending physician.
(6) “Marijuana” has the
meaning given that term in ORS 475.005.
(7) “Marijuana grow site”
means a location where marijuana is produced for use by a registry
identification cardholder and that is registered under the provisions of ORS
475.304.
(8) “Medical use of marijuana”
means the production, possession, delivery, or administration of marijuana, or
paraphernalia used to administer marijuana, as necessary for the exclusive
benefit of a person to mitigate the symptoms or effects of the person’s
debilitating medical condition.
(9) “Production” has the
meaning given that term in ORS 475.005.
(10) “Registry
identification card” means a document issued by the department that identifies
a person authorized to engage in the medical use of marijuana and the person’s
designated primary caregiver, if any.
(11) “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.
(12) “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 475.304 is amended to read:
475.304. (1) The
Department of Human Services shall establish by rule a marijuana grow site
registration system to authorize production of marijuana by a registry
identification cardholder, a designated primary caregiver who grows marijuana
for the cardholder or a person who is responsible for a marijuana grow site.
The marijuana grow site registration system adopted must require a registry
identification cardholder to submit an application to the department that
includes:
(a) The name of the
person responsible for the marijuana grow site;
(b) The address of the
marijuana grow site;
(c) The registry
identification card number of the registry cardholder for whom the marijuana is
being produced; and
(d) Any other
information the department considers necessary.
(2) The department shall
issue a marijuana grow site registration card to a registry identification
cardholder who has met the requirements of subsection (1) of this section.
(3) A person who has been
issued a marijuana grow site registration card under this section must display
the registration card at the marijuana grow site at all times when marijuana is
being produced.
(4) A marijuana grow
site registration card must be obtained and posted for each registry
identification cardholder for whom marijuana is being produced at a marijuana
grow site.
(5) All usable
marijuana, plants, seedlings and seeds associated with the production of
marijuana for a registry identification cardholder by a person responsible for
a marijuana grow site are the property of the registry identification
cardholder and must be provided to the registry identification cardholder upon
request.
(6)(a) The department
shall conduct a criminal records check under ORS 181.534 of any person whose
name is submitted as a person responsible for a marijuana grow site.
(b) A person
convicted of a Class A or Class B felony under ORS 475.840 to 475.920 for the
manufacture or delivery of a controlled substance in Schedule I or Schedule II
may not be issued a marijuana grow site registration card or produce marijuana
for a registry identification cardholder for five years from the date of
conviction.
[The department shall restrict a marijuana grow site registration card
issued to a registry identification cardholder who has been convicted of
violating ORS 475.840 (1)(a) or (b) to prohibit for a period of five years from
the date of conviction the production of marijuana otherwise authorized by this
section at a location where the registry identification cardholder is present.]
[(b) A registry identification cardholder who has been convicted of
violating ORS 475.840 (1)(a) or (b) may not be issued a marijuana grow site
registration card within five years of the date of the conviction for violating
ORS 475.840 (1)(a) or (b) if the conviction was for a first offense to prohibit
for a period of five years from the date of conviction the production of
marijuana otherwise authorized by this section at a location where the registry
identification cardholder is present.]
[(c) A person other than a registry identification cardholder who has
been convicted of violating ORS 475.840 (1)(a) or (b) may not produce marijuana
for a registry identification cardholder within five years of the date of the
conviction for violating ORS 475.840 (1)(a) or (b) if the conviction was for a
first offense.]
[(d)] (c) A person convicted more than once of [violating ORS 475.840 (1)(a) or (b)] a
Class A or Class B felony under ORS 475.840 to 475.920 for the manufacture or
delivery of a controlled substance in Schedule I or Schedule II may not be
issued a marijuana grow site registration card or produce marijuana for a
registry identification cardholder.
(7) A registry
identification cardholder or the designated primary caregiver of the cardholder
may reimburse the person responsible for a marijuana grow site for the costs of
supplies and utilities associated with the production of marijuana for the
registry identification cardholder. No other costs associated with the production
of marijuana for the registry identification cardholder, including the cost of
labor, may be reimbursed.
SECTION 3.
ORS 475.309 is amended to read:
475.309. (1) Except as
provided in ORS 475.316, 475.320 and 475.342, a person engaged in or assisting
in the medical use of marijuana is excepted from the criminal laws of the state
for possession, delivery or production of marijuana, aiding and abetting
another in the possession, delivery or production of marijuana or any other
criminal offense in which possession, delivery or production of marijuana is an
element if the following conditions have been satisfied:
(a) The person holds a
registry identification card issued pursuant to this section, has applied for a
registry identification card pursuant to subsection (9) of this section, is the
designated primary caregiver of the cardholder or applicant, or is the person
responsible for a marijuana grow site that is producing marijuana for the
cardholder and is registered under ORS 475.304; and
(b) The person who has a
debilitating medical condition, the person’s primary caregiver and the person
responsible for a marijuana grow site that is producing marijuana for the
cardholder and is registered under ORS 475.304 are collectively in possession
of, delivering or producing marijuana for medical use in amounts allowed under
ORS 475.320.
(2) The Department of
Human Services shall establish and maintain a program for the issuance of
registry identification cards to persons who meet the requirements of this section.
Except as provided in subsection (3) of this section, the department shall
issue a registry identification card to any person who pays a fee in the amount
established by the department and provides the following:
(a) Valid, written
documentation from the person’s attending physician stating that the person has
been diagnosed with a debilitating medical condition and that the medical use
of marijuana may mitigate the symptoms or effects of the person’s debilitating
medical condition;
(b) The name, address
and date of birth of the person;
(c) The name, address
and telephone number of the person’s attending physician;
(d) The name and address
of the person’s designated primary caregiver, if the person has designated a
primary caregiver at the time of application; and
(e) A written statement
that indicates whether the marijuana used by the cardholder will be produced at
a location where the cardholder or designated primary caregiver is present or
at another location.
(3) The department shall
issue a registry identification card to a person who is under 18 years of age
if the person submits the materials required under subsection (2) of this
section, and the custodial parent or legal guardian with responsibility for
health care decisions for the person under 18 years of age signs a written
statement that:
(a) The attending
physician of the person under 18 years of age has explained to that person and
to the custodial parent or legal guardian with responsibility for health care
decisions for the person under 18 years of age the possible risks and benefits
of the medical use of marijuana;
(b) The custodial parent
or legal guardian with responsibility for health care decisions for the person
under 18 years of age consents to the use of marijuana by the person under 18
years of age for medical purposes;
(c) The custodial parent
or legal guardian with responsibility for health care decisions for the person
under 18 years of age agrees to serve as the designated primary caregiver for
the person under 18 years of age; and
(d) The custodial parent
or legal guardian with responsibility for health care decisions for the person
under 18 years of age agrees to control the acquisition of marijuana and the
dosage and frequency of use by the person under 18 years of age.
(4) A person applying
for a registry identification card pursuant to this section may submit the
information required in this section to a county health department for
transmittal to the Department of Human Services. A county health department
that receives the information pursuant to this subsection shall transmit the
information to the Department of Human Services within five days of receipt of
the information. Information received by a county health department pursuant to
this subsection shall be confidential and not subject to disclosure, except as
required to transmit the information to the Department of Human Services.
(5)(a) The
department shall verify the information contained in an application submitted
pursuant to this section and shall approve or deny an application within thirty
days of receipt of the application.
[(a)] (b) In addition to the authority granted to the department
under ORS 475.316 to deny an application, the department may deny an
application [only] for the following
reasons:
(A) The applicant did
not provide the information required pursuant to this section to establish the
applicant’s debilitating medical condition and to document the applicant’s
consultation with an attending physician regarding the medical use of marijuana
in connection with such condition, as provided in subsections (2) and (3) of
this section; [or]
(B) The department
determines that the information provided was falsified[.]; or
(C) The applicant has
been prohibited by a court order from obtaining a registry identification card.
[(b)] (c) Denial of a registry identification card shall be
considered a final department action, subject to judicial review. Only the
person whose application has been denied, or, in the case of a person under the
age of 18 years of age whose application has been denied, the person’s parent
or legal guardian, shall have standing to contest the department’s action.
[(c)] (d) Any person whose application has been denied may
not reapply for six months from the date of the denial, unless so authorized by
the department or a court of competent jurisdiction.
(6)(a) If the department
has verified the information submitted pursuant to subsections (2) and (3) of
this section and none of the reasons for denial listed in subsection [(5)(a)] (5)(b) of this section is
applicable, the department shall issue a serially numbered registry
identification card within five days of verification of the information. The
registry identification card shall state:
(A) The cardholder’s
name, address and date of birth;
(B) The date of issuance
and expiration date of the registry identification card;
(C) The name and address
of the person’s designated primary caregiver, if any;
(D) Whether the
marijuana used by the cardholder will be produced at a location where the
cardholder or designated primary caregiver is present or at another location;
and
(E) Any other
information that the department may specify by rule.
(b) When the person to
whom the department has issued a registry identification card pursuant to this
section has specified a designated primary caregiver, the department shall
issue an identification card to the designated primary caregiver. The primary
caregiver’s registry identification card shall contain the information provided
in paragraph (a) of this subsection.
(7)(a) A person who
possesses a registry identification card shall:
(A) Notify the
department of any change in the person’s name, address, attending physician or
designated primary caregiver[; and].
(B) If applicable,
notify the designated primary caregiver of the cardholder and the person
responsible for the marijuana grow site that produces marijuana for the
cardholder of any change in status including, but not limited to:
(i) The assignment of
another individual as the designated primary caregiver of the cardholder;
(ii) The assignment of
another individual as the person responsible for a marijuana grow site
producing marijuana for the cardholder; or
(iii) The end of the
eligibility of the cardholder to hold a valid registry identification card.
[(B)] (C) Annually submit to the department:
(i) Updated written
documentation from the cardholder’s attending physician of the person’s
debilitating medical condition and that the medical use of marijuana may
mitigate the symptoms or effects of the person’s debilitating medical condition;
and
(ii) The name of the
person’s designated primary caregiver if a primary caregiver has been
designated for the upcoming year.
(b) If a person who
possesses a registry identification card fails to comply with this subsection,
the card shall be deemed expired. If a registry identification card expires,
the identification card of any designated primary caregiver of the cardholder
shall also expire.
(8)(a) A person
who possesses a registry identification card pursuant to this section and who
has been diagnosed by the person’s attending physician as no longer having a
debilitating medical condition or whose attending physician has determined
that the medical use of marijuana is contraindicated for the person’s
debilitating medical condition shall return the registry identification
card and any other associated Oregon Medical Marijuana Program cards to
the department within [seven] 30 calendar
days of notification of the diagnosis or notification of the
contraindication. [Any designated
primary caregiver shall return the caregiver’s identification card within the
same period of time.]
(b) If, due to
circumstances beyond the control of the registry identification cardholder, a
cardholder is unable to obtain a second medical opinion about the cardholder’s
continuing eligibility to use medical marijuana before the 30-day period
specified in paragraph (a) of this subsection has expired, the department may
grant the cardholder additional time to obtain a second opinion before
requiring the cardholder to return the registry identification card and any
associated cards.
(9) A person who has
applied for a registry identification card pursuant to this section but whose
application has not yet been approved or denied, and who is contacted by any
law enforcement officer in connection with the person’s administration,
possession, delivery or production of marijuana for medical use may provide to
the law enforcement officer a copy of the written documentation submitted to
the department pursuant to [subsections]
subsection (2) or (3) of this section and proof of the date of mailing
or other transmission of the documentation to the department. This
documentation shall have the same legal effect as a registry identification
card until such time as the person receives notification that the application
has been approved or denied.
(10) A registry
identification cardholder has the primary responsibility of notifying the
primary caregiver and person responsible for the marijuana grow site that
produces marijuana for the cardholder of any change in status of the
cardholder. If the department is notified by the cardholder that a primary
caregiver or person responsible for a marijuana grow site has changed, the
department shall notify the primary caregiver or the person responsible for the
marijuana grow site by mail at the address of record confirming the change in
status and informing the caregiver or person that their card is no longer valid
and must be returned to the department.
(11) The department
shall revoke the registry identification card of a cardholder if a court has
issued an order that prohibits the cardholder from participating in the medical
use of marijuana or otherwise participating in the
(12) The department and
employees and agents of the department acting within the course and scope of
their employment are immune from any civil liability that might be incurred or
imposed for the performance of or failure to perform duties required by this
section.
SECTION 4.
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[:]
[(A)(i) One address for property under the control of the patient; and]
[(ii) 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]
[(B)] a marijuana grow site authorized under ORS 475.304; or
(f) Manufactures or
produces marijuana at more than one address.
(2) In addition to any
other penalty allowed by law, a person who the Department of Human Services
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.
SECTION 5.
ORS 475.320 is amended to read:
475.320. (1)(a) A
registry identification cardholder or the designated primary caregiver of the
cardholder may possess up to six mature marijuana plants and 24 ounces of
usable marijuana.
(b) Notwithstanding
paragraph (a) of this subsection, if a registry identification cardholder has
been convicted of [violating ORS 475.840
(1)(a) or (b)] a Class A or Class B felony under ORS 475.840 to 475.920
for the manufacture or delivery of a controlled substance in Schedule I or
Schedule II, the registry identification cardholder or the designated
primary caregiver of the cardholder may possess one ounce of usable marijuana
at any given time for a period of five years from the date of the conviction.
[(2) If the marijuana used by the registry identification cardholder is
produced at a marijuana grow site where the cardholder or designated primary caregiver
is not present, the person responsible for the marijuana grow site:]
(2) A person
authorized under ORS 475.304 to produce marijuana at a marijuana grow site:
(a) May produce
marijuana for and provide marijuana to a registry identification cardholder or
that person’s designated primary caregiver as authorized under this section.
(b) May possess up to
six mature plants and up to 24 ounces of usable marijuana for each cardholder
or caregiver for [which] whom
marijuana is being produced.
(c) May produce
marijuana for [up to] no more than
four registry identification cardholders or designated primary caregivers [per year] concurrently.
(d) Must obtain and
display a marijuana grow site registration card issued under ORS 475.304 for
each registry identification cardholder or designated primary caregiver for [which] whom marijuana is being
produced.
(e) Must provide all
marijuana produced for a registry identification cardholder or designated
primary caregiver to the cardholder or caregiver at the time the person
responsible for a marijuana grow site ceases producing marijuana for the
cardholder or caregiver.
(f) Must return the
marijuana grow site registration card to the registry identification cardholder
to whom the card was issued when requested to do so by the cardholder or when
the person responsible for a marijuana grow site ceases producing marijuana for
the cardholder or caregiver.
(3) Except as provided
in subsections (1) and (2) of this section, a registry identification
cardholder, the designated primary caregiver of the cardholder and the person
responsible for a marijuana grow site producing marijuana for the registry
identification cardholder may possess a combined total of up to six mature
plants and 24 ounces of usable marijuana for that registry identification
cardholder.
(4)(a) A registry
identification cardholder and the designated primary caregiver of the
cardholder may possess a combined total of up to 18 marijuana seedlings or
starts as defined by rule of the Department of Human Services.
(b) A person responsible
for a marijuana grow site may possess up to 18 marijuana seedlings or starts as
defined by rule of the department for each registry identification cardholder
for [which] whom the person
responsible for the marijuana grow site is producing marijuana.
SECTION 6. The
amendments to ORS 475.320 by section 5 of this 2007 Act become operative on
July 1, 2008.
SECTION 7. The
amendments to ORS 475.304 and 475.320 by sections 2 and 5 of this 2007 Act
apply only to a person convicted after January 1, 2006, of a Class A or Class B
felony under ORS 475.840 to 475.920 for the manufacture or delivery of a
controlled substance in Schedule I or Schedule II.
Approved by the Governor June 25, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date January 1, 2008
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