74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
SA to SB 161
 
LC 539/SB 161-1
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 161
 
            By COMMITTEE ON HEALTH AND HUMAN SERVICES
 
                            April 18
 
  On page 1 of the printed bill, line 2, after the semicolon
insert 'creating new provisions; and' and after 'ORS' insert '
475.302,'.
  After line 3, insert:
  '  { +  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  { + or to a person responsible for a
marijuana grow site + } 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.'.
  In line 4, delete '1' and insert '2'.
  On page 2, line 25, delete '2' and insert '3'.
  On page 4, line 21, delete '; and' and insert a period.
  After line 21, insert:
  ' (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.'.
  In line 22, delete '(B)' and insert '(C)'.
  In line 23, after 'documentation' insert 'from the cardholder's
attending physician'.
  In line 31, after '(8)' insert '(a)'.
  In line 33, after 'whose' insert 'attending'.
  In line 35, after 'card' insert 'and any other associated
Oregon Medical Marijuana Program cards' and delete 'seven' and
insert '30'.
  After line 37, insert:
  ' (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.'.
  After line 45, insert:
  ' (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.'.
  On page 5, line 1, delete '(10)' and insert '(11)'.
  After line 7, insert:
  ' (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.'.
  In line 8, delete '3' and insert '4'.
  In line 32, delete '4' and insert '5'.
  Delete lines 39 through 41 and insert:
  ' (2) A person authorized under ORS 475.304 to produce
marijuana at a marijuana grow site:'.
  On page 6, line 1, delete 'up to' and insert 'no more than'.
  After line 23, insert:
  '  { +  SECTION 6. + }  { + The amendments to ORS 475.320 by
section 5 of this 2007 Act become operative on July 1, 2008. + }
' .
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