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 3427
 
                         Senate Bill 812
 
Sponsored by COMMITTEE ON JUDICIARY (at the request of Coalition
  for Patients' Rights)
 
 
                             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.
 
  Requires Department of Human Services to register certain
dispensaries and producers of medical marijuana and establishes
requirements for dispensaries and producers of marijuana.
  Directs department to develop and implement program to assist
low-income medical marijuana cardholder in obtaining marijuana.
  Allows department to conduct research on efficacy and safety of
marijuana used by medical marijuana cardholders.
  Establishes Medical Marijuana Fund. Appropriates moneys in fund
to department.
 
                        A BILL FOR AN ACT
Relating to medical marijuana; creating new provisions; amending
  ORS 475.302, 475.316, 475.323, 475.324 and 475.331; and
  appropriating money.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 3, 4, 5, 10 and 11 of this 2009 Act
are added to and made a part of ORS 475.300 to 475.346. + }
  SECTION 2. 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) 'Dispensary' means a nonprofit entity that produces
marijuana and delivers usable marijuana or marijuana plants to
registry identification cardholders. + }
    { - (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
 { + particular + } 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) 'Producer' means a person who produces usable
marijuana or marijuana plants for a registry identification
cardholder, designated primary caregiver, person responsible for
a grow site or registered dispensary. + }
    { - (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 3.  { + (1) A dispensary may not produce or deliver
marijuana unless the dispensary is registered with the Department
of Human Services.
  (2) A dispensary that is registered with the department may
produce and deliver usable marijuana and marijuana plants to any
registry identification cardholder or designated primary
caregiver.
  (3) The department shall issue a dispensary registration card
to a nonprofit entity that:
  (a) Submits the following information to the department:
  (A) The name of the entity and any other name used in
connection with the production or delivery of marijuana;
  (B) The addresses of locations used by the entity to produce or
deliver marijuana;
  (C) The names, addresses and dates of birth of the principal
officers of the entity;
  (D) The names, addresses and dates of birth of the employees of
the entity; and
  (E) Other information required by the department by rule; and
  (b) Pays a fee in an amount not less than $2,000, established
by the department by rule.
  (4)(a) The department shall conduct a criminal records check
under ORS 181.534 of the officers and employees listed on an
application for registration of a dispensary. The department may
require the fingerprints of a person for the purpose of
requesting the criminal records check.
  (b) A dispensary shall notify the department when it hires a
new employee or appoints a new officer.
  (5) The department may not issue a dispensary registration card
if an officer or employee of the dispensary:
  (a) Is less than 21 years of age;
  (b) Is not a resident of this state;
  (c) Has been convicted of a felony listed in ORS 137.635, theft
in the first degree as defined in ORS 164.055, aggravated theft
in the first degree as defined in ORS 164.057, theft by extortion
as defined in ORS 164.075, organized retail theft as defined in
ORS 164.098 or theft of services as defined in ORS 164.125; or
  (d) Has been convicted of a felony under ORS 475.840 (1)(a) or
(b) in the five years preceding submission of the application for
registration.
  (6) A dispensary registration is valid for a period of one year
from the date of registration.
  (7) A dispensary shall prominently post the dispensary
registration card at each location where the dispensary produces
or delivers usable marijuana or marijuana plants.
  (8) A registry identification cardholder or designated primary
caregiver may reimburse a dispensary for the costs of supplies
and utilities associated with the production of marijuana
delivered to the registry identification cardholder or designated
primary caregiver. No other costs associated with the production
or delivery of marijuana, including the cost of labor, may be
reimbursed.
  (9) The department may inspect the premises of a registered
dispensary to ensure compliance with the provisions of ORS
475.300 to 475.346 and rules adopted by the department under ORS
475.300 to 475.346.
  (10) The department shall adopt rules:
  (a) Establishing the fees and requirements for renewal of a
dispensary registration;
  (b) Establishing the maximum amount of usable marijuana and
marijuana plants that a dispensary may possess;
  (c) Requiring a dispensary to submit quarterly reports
detailing its activities, including an accounting of deliveries
of usable marijuana and marijuana plants for no consideration;
  (d) Establishing permissible locations for dispensaries;
  (e) Establishing minimum requirements for the security of
dispensaries; and
  (f) Establishing penalties for dispensaries if an officer or
employee of a dispensary is convicted of a crime involving the
operation of the dispensary.
  (11) Subject to ORS chapter 183, the department may suspend or
revoke a dispensary registration if the dispensary fails to
comply with ORS 475.300 to 475.436 or rules adopted by the
department under ORS 475.300 to 475.436.
  (12) The department shall deposit fees received under this
section to the credit of the Medical Marijuana Fund, established
in section 12 of this 2009 Act. + }
  SECTION 4.  { + (1) A producer may not produce or deliver
marijuana unless the producer is registered with the Department
of Human Services.
  (2) A producer that is registered with the department may
produce and deliver usable marijuana and marijuana plants to a
registry identification cardholder, designated primary caregiver,
person responsible for a grow site or registered dispensary.
  (3) The department shall issue a producer registration card to
a person who:
  (a) Submits the following information to the department:
  (A) The name, address and date of birth of the producer;
  (B) The addresses of locations used by the producer to produce
marijuana; and
  (C) Other information required by the department by rule; and
  (b) Pays a fee in an amount not less than $1,000, established
by rule by the department.
  (4) The department shall conduct a criminal records check under
ORS 181.534 of a producer who applies for registration under this
section. The department may require the fingerprints of a
producer for the purpose of requesting the criminal records
check.
  (5) The department may not issue a producer registration card
to a person who:
  (a) Is less than 21 years of age;
  (b) Is not a resident of this state;
  (c) Has been convicted of a felony listed in ORS 137.635, theft
in the first degree as defined in ORS 164.055, aggravated theft
in the first degree as defined in ORS 164.057, theft by extortion
as defined in ORS 164.075, organized retail theft as defined in
ORS 164.098 or theft of services as defined in ORS 164.125; or
  (d) Has been convicted of a felony under ORS 475.840 (1)(a) or
(b) in the five years preceding submission of the application for
registration.
  (6) A producer registration is valid for a period of one year
from the date of registration.
  (7) A producer shall prominently post the producer registration
card at each location where the producer produces or delivers
usable marijuana or marijuana plants.
  (8) A registry identification cardholder, designated primary
caregiver, person responsible for a grow site or registered
dispensary may reimburse a producer for the costs of supplies and
utilities associated with the production of marijuana delivered
to the cardholder, caregiver, person or dispensary. No other
costs associated with the production or delivery of marijuana,
including the cost of labor, may be reimbursed.
  (9) The department may inspect the premises of a registered
producer to ensure compliance with the provisions of ORS 475.300
to 475.346 and rules adopted by the department under ORS 475.300
to 475.346.
  (10) The department shall adopt rules:
  (a) Establishing the maximum amount of usable marijuana and
marijuana plants that a producer may possess; and
  (b) Establishing the fees and requirements for renewal of a
producer registration.
  (11) Subject to ORS chapter 183, the department may suspend or
revoke a producer registration if the producer fails to comply
with ORS 475.300 to 475.436 or rules adopted by the department
under ORS 475.300 to 475.436.
  (12) The department shall deposit fees received under this
section to the credit of the Medical Marijuana Fund established
in section 12 of this 2009 Act. + }
  SECTION 5.  { + Except as provided in ORS 475.316, 475.320 and
475.342, a dispensary registered under section 3 of this 2009 Act
and a producer registered under section 4 of this 2009 Act are
excepted from the criminal laws of this 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 dispensary or
producer is in possession of, delivering or producing marijuana
 
for medical use in amounts allowed by rule of the Department of
Human Services. + }
  SECTION 6. ORS 475.316 is amended to read:
  475.316. (1)   { - No - }   { + A + } person authorized to
possess, deliver or produce marijuana for medical use pursuant to
ORS 475.300 to 475.346   { - shall be - }   { + is not + }
excepted from the criminal laws of this state   { - or shall be
deemed to have established - }   { + and does not have + } 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 - }   { + an + } individual
who the person knows is not in possession of a registry
identification card;
  (d) Delivers marijuana for consideration to   { - any - }
 { + an + } individual, even if the individual is in possession
of a registry identification card; { +  or + }
  (e) Manufactures or produces marijuana at a place other than a
marijuana grow site authorized under ORS 475.304  { - ; or - }
 { + , a dispensary registered under section 3 of this 2009 Act
or the premises of a producer registered under section 4 of this
2009 Act. + }
    { - (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 7. ORS 475.323 is amended to read:
  475.323. (1) Possession of a registry identification card or
designated primary caregiver identification card pursuant to ORS
475.309 { + , a dispensary registration card under section 3 of
this 2009 Act or a producer registration card under section 4 of
this 2009 Act  + }does not alone constitute probable cause to
search the person or property of the cardholder or otherwise
subject the person or property of the cardholder to inspection by
any governmental agency.
  (2) Any property   { - interest - }  possessed, owned or used
in connection with the medical use of marijuana or acts
incidental to the medical use of marijuana that has been seized
by state or local law enforcement officers may not be harmed,
neglected, injured or destroyed while in the possession of any
law enforcement agency. A law enforcement agency has no
responsibility to maintain live marijuana plants lawfully seized.
No  { + interest in + } such property   { - interest - }  may be
forfeited under any provision of law providing for the forfeiture
of property other than as a sentence imposed after conviction of
a criminal offense. Usable marijuana and paraphernalia used to
administer marijuana that was seized by any law enforcement
office   { - shall - }   { + must + } be returned immediately
upon a determination by the district attorney in whose county the
property was seized, or the district attorney's designee, that
the person from whom the marijuana or paraphernalia used to
administer marijuana was seized is entitled to the protections
contained in ORS 475.300 to 475.346. The determination may be
evidenced, for example, by a decision not to prosecute, the
dismissal of charges or acquittal.
  SECTION 8. ORS 475.324 is amended to read:
  475.324. A law enforcement officer who determines that a
registry identification cardholder { + , designated primary
caregiver, person responsible for a grow site, dispensary or
producer + } is in possession of amounts of usable marijuana or
numbers of marijuana plants in excess of the amount or number
authorized by ORS
  { - 475.320 - }   { + 475.300 to 475.346 or rules adopted by
the Department of Human Services under ORS 475.300 to 475.346 + }
may confiscate only any usable marijuana or plants that are in
excess of the amount or number authorized.
  SECTION 9. ORS 475.331 is amended to read:
  475.331. (1)(a) The Department of Human Services shall create
and maintain a list of the persons to whom the department has
issued registry identification cards, the names of any designated
primary caregivers   { - and - }  { + , + } the addresses of
authorized marijuana grow sites { + , the names and addresses of
registered dispensaries and the names and addresses of registered
producers + }. Except as provided in subsection (2) of this
section, the list   { - shall be - }   { + is + } confidential
and  { + is + } not subject to public disclosure.
  (b) The department shall develop a system by which authorized
employees of state and local law enforcement agencies may verify
at all times that a person is   { - a lawful possessor of a
registry identification card or the designated primary caregiver
of a lawful possessor of a registry identification card or that a
location is an authorized marijuana grow site - }  { +
authorized by the department to possess, produce or deliver
marijuana + }.
  (2) Names and other identifying information from the list
established pursuant to subsection (1) of this section may be
released to:
  (a) Authorized employees of the department as necessary to
perform official duties of the department; and
  (b) Authorized employees of state or local law enforcement
agencies, only as necessary to verify that a person is   { - a
lawful possessor of a registry identification card or the
designated primary caregiver of a lawful possessor of a registry
identification card or that a location is an authorized marijuana
grow site - }  { +  authorized by the department to possess,
produce or deliver marijuana + }. Prior to being provided
identifying information from the list, authorized employees of
state or local law enforcement agencies   { - shall - }
 { + must + } provide to the department adequate identification,
such as a badge number or similar authentication of authority.
  (3) Authorized employees of state or local law enforcement
agencies that obtain identifying information from the list as
authorized under this section may not release or use the
information for any purpose other than verification that a person
is   { - a lawful possessor of a registry identification card or
the designated primary caregiver of a lawful possessor of a
registry identification card or that a location is an authorized
marijuana grow site - }  { +  authorized by the department to
possess, produce or deliver marijuana + }.
  SECTION 10.  { + (1) The Department of Human Services, in
consultation with the Advisory Committee on Medical Marijuana
established under ORS 475.303, shall develop and implement a
program to assist low-income registry identification cardholders
in obtaining marijuana.
  (2) The department shall submit an annual report on the program
to the Advisory Committee on Medical Marijuana. + }
  SECTION 11.  { + (1) The Department of Human Services may
conduct research on the efficacy and safety of marijuana used by
registry identification cardholders.
  (2) The department may provide grants to persons in this state
to conduct the research.
  (3) The department shall report the results of the research to
the Advisory Committee on Medical Marijuana established under ORS
475.303. + }
  SECTION 12.  { + The Medical Marijuana Fund is established in
the State Treasury, separate and distinct from the General Fund.
The Medical Marijuana Fund consists of moneys received by the
Department of Human Services under ORS 475.300 to 475.346.
Interest earned by the Medical Marijuana Fund shall be credited
to the fund. Moneys in the fund are continuously appropriated to
the Department of Human Services for the purposes of carrying out
the provisions of ORS 475.300 to 475.346. + }
                         ----------