75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2274
Senate Bill 388
Sponsored by Senator MORRISETTE
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.
Permits medical marijuana cardholders to possess certain
amounts of hashish and food and tincture that incorporate
marijuana or hashish.
Changes amounts of marijuana that medical marijuana cardholder
and primary caregiver may collectively possess.
Decreases amount of marijuana that may be possessed by persons
responsible for marijuana grow sites to 24 ounces. Creates
exception to allow persons responsible for marijuana grow sites
to store medical marijuana cardholder's marijuana if cardholder
cannot store marijuana at cardholder's residence.
Increases allowable size of marijuana seedlings.
Directs Department of Human Services to prepare manual
describing rights and obligations of medical marijuana
cardholders, primary caregivers, and persons responsible for
marijuana grow sites, and requires those persons to state in
applications for registry identification cards that they have
read manual.
Directs department to establish investigation and dispute
resolution procedures for certain disputes.
A BILL FOR AN ACT
Relating to medical marijuana; creating new provisions; and
amending ORS 475.302, 475.304, 475.306, 475.309, 475.312 and
475.320.
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 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) 'Hashish' means:
(a) Resin that contains tetrahydrocannabinol and is extracted
from any part of the Cannabis plant; or
(b) Any compound, manufacture, derivative, mixture or
preparation made from the resin described in paragraph (a) of
this subsection. + }
{ - (6) - } { + (7) + } 'Marijuana' has the meaning given
that term in ORS 475.005.
{ - (7) - } { + (8) + } ' 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) - } { + (9) + } ' 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.
{ + (10) 'Oregon Medical Marijuana Manual' means the manual
prepared by the department in accordance with section 5 of this
2009 Act. + }
{ - (9) - } { + (11) + } 'Production' has the meaning given
that term in ORS 475.005.
{ - (10) - } { + (12) + } '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) - } { + (13) + } '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) - } { + (14) + } '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 475.320 is amended to read:
475.320. (1)(a) A registry identification cardholder
{ - or - } { + and + } the designated primary caregiver of the
cardholder may { + collectively + } possess { + :
(A) + } Up to six mature marijuana plants { - and 24 - }
{ + ;
(B) Twenty-four + }ounces of usable marijuana { - . - }
{ + , no more than two ounces of which may be in the form of
hashish that has not been combined with food or prepared in a
tincture;
(C) A four-month supply of food that incorporates marijuana or
hashish; and
(D) A four-month supply of tincture made from marijuana or
hashish. + }
(b) Notwithstanding paragraph (a) of this subsection, if a
registry identification cardholder has been 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, 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) 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 whom marijuana is being produced.
(c) May produce marijuana for no more than four registry
identification cardholders or designated primary caregivers
concurrently.
{ + (d) May possess no more than 24 ounces of usable
marijuana regardless of the number of cardholders for whom
marijuana is being produced, unless the Department of Human
Services has granted an exception under subsection (3) of this
section allowing the person responsible for a marijuana grow site
to store a cardholder's usable marijuana at the grow site. + }
{ - (d) - } { + (e) + } 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 whom marijuana is being produced.
{ - (e) - } { + (f) + } 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) - } { + (g) + } 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) Upon the request of a registry identification
cardholder who is unable to store usable marijuana at the
cardholder's residence, the department may grant an exception to
subsection (2)(d) of this section allowing a person responsible
for a marijuana grow site to store the cardholder's usable
marijuana at the grow site. + }
{ - (3) - } { + (4) + } 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) - } { + (5)(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 whom
the person responsible for the marijuana grow site is producing
marijuana.
{ + (c) The department shall define by rule when a marijuana
plant is mature. The rule must provide that a plant that has no
flowers and that is less than 18 inches in height and less than
18 inches in diameter is a seedling or a start and is not a
mature plant. + }
SECTION 3. 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.
(2) A person who is a registry identification cardholder must
possess the registry identification card when using or
transporting marijuana in a location other than the residence of
the cardholder.
{ - (3) The Department of Human Services shall define by rule
when a marijuana plant is mature and when it is immature. The
rule shall provide that a plant that has no flowers and that is
less than 12 inches in height and less than 12 inches in diameter
is a seedling or a start and is not a mature plant. - }
SECTION 4. { + Section 5 of this 2009 Act is added to and made
a part of ORS 475.300 to 475.346. + }
SECTION 5. { + The Department of Human Services shall prepare
an Oregon Medical Marijuana Manual describing the rights and
obligations of registry identification cardholders, designated
primary caregivers and persons responsible for marijuana grow
sites. The department shall prepare the manual in language that
is as clear and simple as possible, and shall make the manual
available in formats that accommodate persons with
disabilities. + }
SECTION 6. 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 { + and the person
responsible for the cardholder's marijuana grow site + } 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) A statement that the person responsible for the
marijuana grow site has read the Oregon Medical Marijuana Manual
and understands its contents;
(e) A statement that, if the registry identification cardholder
submits a dispute with the person responsible for the marijuana
grow site to the department in accordance with section 10 of this
2009 Act, the cardholder and the person responsible for the
marijuana grow site agree to comply with the department's
investigation and resolution of the dispute; and + }
{ - (d) - } { + (f) + } 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.
(c) A person convicted more than once 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.
(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 7. 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 { - . - } { + ; and
(f) A written statement that the person has read the Oregon
Medical Marijuana Manual and understands its contents. + }
(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 { - . - }
{ + ; and
(e) The custodial parent or legal guardian with responsibility
for health care decisions for the person under 18 years of age
has read the Oregon Medical Marijuana Manual and understands its
contents. + }
(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 - } { + is + } 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.
(b) In addition to the authority granted to the department
under ORS 475.316 to deny an application, the department may deny
an application 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;
(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.
(c) Denial of a registry identification card { - shall be
considered - } { + is + } 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 - } { + has + } standing to
contest the department's action.
(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)(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.
(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.
(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 - } { + expires + }. 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 30 calendar days
of notification of the diagnosis or notification of the
contraindication.
(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 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 - } { + has + } 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 Oregon Medical
Marijuana Program under ORS 475.300 to 475.346. The cardholder
shall return the registry identification card to the department
within seven calendar days of notification of the revocation. If
the cardholder is a patient, the patient shall return the
patient's card and all other associated Oregon Medical Marijuana
Program cards.
(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 8. 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 Department
of Human Services.
{ + (2) The designation of the primary caregiver required by
subsection (1) of this section must include:
(a) The primary caregiver's name and address;
(b) A statement that the primary caregiver has read the Oregon
Medical Marijuana Manual and understands its contents; and
(c) A statement that, if the registry identification cardholder
submits a dispute with the primary caregiver to the department in
accordance with section 10 of this 2009 Act, the primary
caregiver agrees to comply with the department's investigation
and resolution of the dispute. + }
{ - (2) - } { + (3) + } A person described in this section
may have only one designated primary caregiver at any given time.
SECTION 9. { + Section 10 of this 2009 Act is added to and
made a part of ORS 475.300 to 475.346. + }
SECTION 10. { + (1) When a registry identification cardholder
has a dispute with a designated primary caregiver or person
responsible for a grow site, the registry identification
cardholder may submit the dispute to the Department of Human
Services for investigation and resolution.
(2) When a registry identification cardholder submits a dispute
to the department, the department shall conduct an investigation,
including but not limited to:
(a) Interviewing parties involved in the dispute, including the
registry identification cardholder, the designated primary
caregiver and persons responsible for grow sites; and
(b) Inspecting grow sites involved in the dispute.
(3) The department may conduct mediation between the parties
involved in the dispute.
(4) In resolving a dispute, the department may revoke a
designated primary caregiver's registry identification card or a
marijuana grow site registration card for a period of up to six
months, at the discretion of the department.
(5) Within 90 days after the registry identification cardholder
submits a dispute to the department, the department shall issue
its decision resolving the dispute in writing to all parties
involved in the dispute. The department's decision is subject to
judicial review as a contested case under ORS chapter 183.
(6) If in the course of its investigation of a dispute the
department gathers any evidence of illegal activity, the
department shall provide the evidence to an appropriate law
enforcement agency. + }
SECTION 11. { + The amendments to ORS 475.304, 475.309 and
475.312 by sections 6, 7 and 8 of this 2009 Act apply to
applications submitted on or after March 1, 2010. + }
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