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 3151
Senate Bill 957
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
Association Chiefs of Police, Oregon State Sheriffs'
Association, Oregon District Attorneys Association, Oregon
Narcotics Enforcement Association and Oregon Partnership)
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.
Modifies provisions of Oregon Medical Marijuana Act.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to medical marijuana; amending ORS 475.304, 475.309,
475.312 and 475.331; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 475.304 is amended to read:
475.304. { - (1) - } { + (1)(a) + } 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) - } { + (A) + } The name { + , date of birth and
address + } of the person responsible for the marijuana grow
site;
{ - (b) - } { + (B) + } The address { + , including the
street name and number, + } of the marijuana grow site;
{ + (C) The tax lot number as depicted on a current certified
copy of a tax lot map from the county assessor; + }
{ - (c) - } { + (D) + } The registry identification card
number of the registry cardholder for whom the marijuana is being
produced; { +
(E) A statement, signed under penalty of perjury by the
registry identification cardholder and any other person who is
responsible for the marijuana grow site, attesting to the
accuracy of the application; + } and
{ - (d) - } { + (F) + } Any other information the
department considers necessary.
{ + (b) The department may not issue a marijuana grow site
card to any person who has not completed the course described in
ORS 475.309 (5). + }
(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) - } { + (6) + } The department shall conduct a
criminal records check under ORS 181.534 of any person
{ - whose name is submitted as a person - } { + who is:
(a) A registry identification cardholder;
(b) A designated primary caregiver; or
(c) + }Responsible for a marijuana grow site.
{ + (7) The department shall conduct criminal records checks
of the persons described in subsection (6) of this section upon
receipt of an application to register a marijuana grow site and
no less than annually thereafter.
(8) The department shall submit a report to the Legislative
Assembly in January of each year summarizing the number of
persons described in subsection (6) of this section, the number
of those persons arrested for, or convicted of, a crime, and the
crimes for which they were arrested or convicted, in the
preceding calendar year. The report may not disclose any
individually identifiable information. + }
{ - (b) - } { + (9)(a) + }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) - } { + (b) + } 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 2. 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 { + and the daily
amount of marijuana that may be justified to mitigate the
symptoms or effects + };
(b) The name, { + date of birth and + } address { - and date
of birth - } of the person;
(c) The name, address and telephone number of the person's
attending physician;
(d) The name { + , date of birth + } 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) The department shall develop and provide a
certification course for designated primary caregivers and
persons responsible for a marijuana grow site. The course shall
include education regarding the provisions of ORS 475.300 to
475.346. + }
{ - (5)(a) - } { + (6)(a) + } The department shall verify
the information contained in an application submitted pursuant to
this section { + within seven calendar days of receipt of the
application + } and shall approve or deny { - an - }
{ + the + } application within { - thirty - } { + fourteen
calendar + } days { - of receipt of the application - } . { +
If the application is denied, the department shall specify the
reason for the denial. + }
(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 { + , designated primary caregiver or person
responsible for a grow site + } has been prohibited by a court
order from { - obtaining a registry identification card - }
{ + using or possessing a controlled substance without a valid
prescription + }.
(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.
(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) - } { + (7)(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) - } { + (6)(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, { + date of birth and + } address
{ - and date of birth - } ;
(B) The date of issuance and expiration date of the registry
identification card;
(C) The name { + , date of birth + } 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 { + and the caregiver
has completed the course described in subsection (5) of this
section + }, 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) - } { + (8)(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 { + , date of birth and address + } 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) - } { + (9)(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) - } { + (10) + } 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
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) - } { + (11) + } 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 { + ,
within seven calendar days:
(a) + }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.
{ + (b) Provide a copy of any notice issued under paragraph
(a) of this subsection to the Department of State Police and the
county sheriff where the designated primary caregiver or person
responsible for the marijuana grow site resides. + }
{ - (11) - } { + (12) + } The Department { + of Human
Services + } shall revoke
{ - the - } { + a person's + } registry identification card
{ - of a cardholder - } { + , designated primary caregiver
identification card or marijuana grow site card + }if a court
{ - has issued - } { + issues + } an order that prohibits the
{ - cardholder - } { + person + } 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 - } { + person + } 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 - } { + When the
department revokes a registry identification card, the
cardholder + } shall return the { - patient's - } { +
registry identification + }card and all other associated Oregon
Medical Marijuana Program cards.
{ - (12) - } { + (13) + } 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 3. 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 { + , date of birth + } 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) A person described in this section may have only one
designated primary caregiver at any given time.
SECTION 4. 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 { + and the names, dates of
birth and addresses of registry identification cardholders,
designated primary caregivers and persons responsible for a
marijuana grow site + }. Except as provided in subsection (2) of
this section, the list shall be confidential and 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. { + The system
must be accessible through the Law Enforcement Data System
created under ORS 181.730. + }
(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. - } Prior to being provided identifying
information from the list, authorized employees of state or local
law enforcement agencies shall provide to the department adequate
identification, such as a badge number or similar authentication
of authority. { + The department shall provide the employee
with:
(A) The name, date of birth and address of any registry
identification cardholder, the cardholder's designated primary
caregiver and the person responsible for the cardholder's
marijuana grow site;
(B) A marijuana grow site address and any cardholder's name,
date of birth and address with which the site is associated;
(C) Information regarding the number of persons for whom a
designated primary caregiver may provide care; and
(D) The names of any cardholders, designated primary caregivers
or persons responsible for a grow site that is associated with a
particular address.
(3) The department may not disclose that an inquiry was made
under this section to any person not authorized under subsection
(2) of this section. + }
{ - (3) - } { + (4) + } 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.
SECTION 5. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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